We still don’t know when net neutrality rules will come off the books [Updated]

Lawsuits against the FCC can begin as repeal is published in Federal Register.

Jon Brodkin – Feb 22, 2018 11:21 am | 82

Rally organizers carry away props following a protest outside the Federal Communication Commission building against the end of net neutrality rules on December 14, 2017 in Washington, DC. Credit: Getty Images | Chip Somodevilla

The Federal Communications Commission’s net neutrality repeal has been published in the Federal Register. Groups that want to reverse the repeal can now start filing lawsuits against the FCC.

But the rules are technically still in place for a while longer. The Federal Register publication happened on Thursday this week, which means that certain minor portions of the repeal order will take effect on April 23. But there’s still no date for the official repeal of the core rules against blocking, throttling, and paid prioritization.

The repeal is contingent on US Office of Management and Budget [OMB] approval of modified information collection requirements, the FCC said. Later, the FCC will publish another document in the Federal Register “announcing the effective date(s) of the delayed amendatory instructions,” the FCC said. “The Declaratory Ruling, Report and Order, and Order will also be effective upon the date announced in that same document.” The FCC voted to repeal its net neutrality rules on December 14.

“OMB approval needs to happen before any of the substantive rules take effect, and the date they come into effect will be in a future Federal Register publication,” Senior Counsel John Bergmayer of consumer advocacy group Public Knowledge told Ars.

Either way, lawsuits to overturn the repeal can get started this month or in early March.

Net neutrality supporters filed petitions to overturn the repeal in court last month but will have to refile their petitions in the 10 business days after the Federal Register publication. There is a 10-day window for filing lawsuits, which generally applies to the 10 days after the order is published in the Federal Register. But litigants against the FCC often file within 10 days of an order being published on the FCC website, just in case.

There’s also a deadline in Congress for filing legislation to overturn the repeal. Lawmakers have 60 legislative working days to introduce a Congressional Review Act resolution that would reverse the repeal.

Democrats intend to do so, and they need support from just one more Republican to pass a Senate resolution to restore net neutrality rules. But Democrats face a tougher task in the House, where Republicans have a 238-193 majority.

The court case over net neutrality could take more than a year. The current net neutrality rules were upheld by a federal appeals court on June 14, 2016, 14 months after the rules were originally published in the Federal Register.

When the repeal takes effect, home Internet and mobile broadband providers will be allowed to block or throttle Internet traffic, and they can offer priority to websites and online services in exchange for payment. As long as they publicly disclose the blocking, throttling, or paid prioritization, they won’t be violating any FCC rules.

This story was originally published on Feb. 21, 2018, and said that the full net neutrality repeal would take effect in late April, but has been corrected because the date of the repeal is still unknown.