Arkansas Democrat-Gazette

FCC: No delaying Net rules

- SUSAN DECKER See

The Federal Communicat­ions Commission rejected calls to delay ending Net neutrality rules over a flawed public comment system, saying it hadn’t relied on thousands of identical or suspicious submission­s in its decision-making.

“We reject calls to delay adoption of this Order out of concerns that certain non-substantiv­e comments (on which the Commission did not rely) may have been submitted under multiple different names or allegedly ‘fake’ names,” the commission said in its final order released late Thursday.

A study found that more than 7.75 million comments were submitted from email domains attributed to FakeMailGe­nerator.com, and they had nearly identical wording. The FCC said some of the nearly 23 million comments on Chairman Ajit Pai’s proposal to gut former President Barack Obama-era rules were filed under the same name more than 90 times each.

New York State Attorney General Eric Schneiderm­an, as well as lawmakers and other state officials, had asked the commission to delay its vote and implementa­tion of new policy on the basis that the fake comments affected the agency’s ability to assess public reaction. The agency declined to do so.

The FCC on a party-line 3-2 vote in December swept aside rules barring broadband

providers Internet willing to traffic from pay for favoring of websites speedier the service. That move sent the future of Net neutrality on to a likely court challenge.

Lawsuits challengin­g the order are likely to be filed as soon as Jan. 16, though earlier key court rulings could make it hard to win such suits, said Matthew Schettenhe­lm, a government litigation analyst with Bloomberg Intelligen­ce.

The Republican-led commission voted to remove Obama-era prohibitio­ns on blocking Web traffic, slowing it, or demanding payment for

faster its FCC Democratic gave passage Over up objections most via members, their authority from networks. the over such as broadband AT&T Inc. providers and Comcast Corp., handing enforcemen­t to other agencies.

Pai and his two fellow Republican commission­ers said in comments accompanyi­ng the order that it’s a way to “restore internet freedom” and called the earlier FCC rule a “mistake” that led to less investment, particular­ly by smaller Internet service providers.

“For one thing, there was

no wrote. problem “The internet to solve,” wasn’t Pai broken in 2015. We weren’t living in a digital dystopia. To the contrary, the internet is perhaps the one thing in American society we can all agree has been a stunning success.”

Commission­er Jessica Rosenworce­l, a Democrat, said the rule gives extraordin­ary powers to broadband providers who can’t be trusted to keep promises that they won’t undermine certain businesses or discrimina­te against sites.

“They will have the power to block websites, throttle services, and censor online content,” she said in a statement. “They will have the right to discrimina­te and favor the internet traffic of those companies with whom they have pay-for-play arrangemen­ts and the right to consign all others to a slow and bumpy road.”

New York and California are considerin­g their own rules, but the FCC order specifical­ly says that it would pre-empt any state or local rules “that interfere with the federal deregulato­ry policy restored in this order.”

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