Net neutrality is getting support from three sources. Several states are developing legislation that would essentially require service providers to maintain the features associated with the term. At the same time, Senate Democrats claim to have enough votes to bring the issue to the floor of the Senate where it could pass. That would set up a clash with the House and the president who are unlikely to support it. Chuck Schumer, Senate Democratic leader, said Democrats would make it an issue in the 2018 Congressional campaign. Finally, major tech companies are joining the fight. Google, Netflix, and Facebook are among those who promise to join lawsuits against the FCC.
The FCC claims that its regulations supersede state law, but that has not been the case in at least one previous Supreme Court ruling.
The push back by itself may be enough to maintain the existing rules in spite of the success of Comcast, et al., in buying off Trump's FCC.
Lawmakers in at least six states, including California and New York, have introduced bills in recent weeks that would forbid internet providers to block or slow down sites or online services. Legislators in several other states, including North Carolina and Illinois, are weighing similar action.States Push Back After Net Neutrality Repealhttps://www.nytimes.com/2018/01/11/technology/net-neutrality-states.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news
They are responding to the Federal Communications Commission’s vote last month to end regulations that barred internet service providers from creating slow and fast lanes for different sites and services. The new policy will go into effect in the coming weeks.
...“The internet is the ultimate form of interstate commerce, which is clearly only within the authority of the F.C.C.,” said Bret Swanson, a fellow at the American Enterprise Institute who specializes in telecommunications policy.
But the state lawmakers argue that they have an obligation to protect consumers with net neutrality rules and that local governments can approve or deny requests by telecommunications providers to operate in their states. They also argue that it is unclear if the Federal Communications Commission can declare a blanket pre-emption of states, something they say Congress would have to do. In 2016, a federal court ruled against the commission’s effort to pre-empt state laws related to municipal broadband networks.
...On Tuesday, Senator Chuck Schumer of New York, the Democratic leader, announced that he had enough support to force a vote on a congressional resolution to bring back the rules. He gained an important Republican supporter, Senator Susan Collins of Maine, who said she would vote in favor of it.
...Last week, a lobbying group for big technology companies including Facebook, Google and Netflix announced that it planned to join the lawsuits, giving the opposition substantial new resources. More than a dozen state attorneys general have also announced plans to sue the commission.