What Actually Happens the Day Net Neutrality Is Repealed

On December 14th, the Federal Communications Commission will vote to replace current rules enforcing network neutrality. Nothing short of an extinction-level event will prevent it. But before abandoning all hope, know that while the battle for net neutrality at the FCC may have been lost, the war isn’t even close to a conclusion. In reality, the net neutrality fight is merely migrating to a different theater, namely, the US Courts of Appeals. And excluding the possibility of a Supreme Court challenge, the outcome may very well drag on for another year and a half or more.

The FCC’s new order, which seeks to abdicate its own authority to regulate an entire industry—not something you see every day—is unlikely to surface immediately after the vote. The two Democrats on the commission, Mignon Clyburn and Jessica Rosenworcel, will likely file dissents, or minority reports detailing why, specifically, they disagree with the 200-page order. And when they do, FCC Chairman Ajit Pai and his two fellow Republican commissioners, Michael O’Rielly and Brendan Carr, will likely take some time to counter those concerns in print, if only in preparation for the long legal battle that lies ahead. 

We can’t be sure of how many tech companies, trade associations, and interest groups will avail themselves of judicial system and demand scrutiny of the FCC’s plan, but we know that many will seek an outright reversal of the order. Others may challenge only portions of the order, such as the provisions which “preempt” state and local governments that may try to pass their own laws to protect consumers from ISP abuse.

For many attorneys it’s “wait and see.”