Jon Brodkin

In addition to ditching its own network neutrality rules, the Federal Communications Commission also plans to tell state and local governments that they cannot impose local laws regulating broadband service. This detail was revealed by senior FCC officials in a phone briefing with reporters, and is a victory for broadband providers that asked for widespread preemption of state laws. FCC Chairman Ajit Pai's proposed order finds that state and local laws must be preempted if they conflict with the US government's policy of deregulating broadband Internet service, FCC officials said.

Mobile industry lobby group CTIA urged the Federal Communications Commission to preempt state laws on privacy and network neutrality in a recent meeting and filing. Comcast and Verizon had already asked the FCC to preempt such laws; CTIA represents AT&T, Verizon, T-Mobile USA, Sprint, and other mobile companies. Carriers are urging the FCC to preempt states in the same regulatory proceeding that FCC Chairman Ajit Pai started in order to overturn the commission's net neutrality rules.

The Federal Communications Commission will vote Nov 16 on a plan that, according to Chairman Ajit Pai, will strip away regulations that prevent telcos from upgrading their networks. But in doing so, the Republican-controlled FCC plans to eliminate a requirement that telcos provide Americans with service at least as good as the old copper networks that provide phone service and DSL Internet. The requirement relates to phone service but has an impact on broadband because the two services use the same networks.

The Federal Communications Commission is intervening in a court case in order to help Charter Communications avoid utility-style consumer protections related to its phone service in Minnesota. The FCC and Charter both want to avoid a precedent that could lead other states to impose stricter consumer protection rules on VoIP (Voice over Internet Protocol) phone service offered by cable companies. The FCC has never definitively settled the regulatory status of VoIP.

Comcast met with Federal Communications Commission Chairman Ajit Pai's staff the week of Oct 30 in an attempt to prevent states from issuing network neutrality rules.

AT&T is reportedly abandoning its attempt to stop a Louisville (KY) ordinance that helped draw Google Fiber into the city. In February 2016, AT&T sued the local government in Louisville and Jefferson County, Kentucky to stop an ordinance that gives Google Fiber and other ISPs faster access to utility poles.

Verizon has asked the Federal Communications Commission to preempt any state laws that regulate network neutrality and broadband privacy. It is possible that state governments might impose their own rules to protect consumers in their states.

Federal Communications Commission Chairman Ajit Pai wants to impose a budget cap on the Lifeline program that helps poor people buy broadband and phone service.

On May 8, when the Federal Communications Commission website failed and many people were prevented from submitting comments about network neutrality, the cause seemed obvious. Comedian John Oliver had just aired a segment blasting FCC Chairman Ajit Pai's plan to gut net neutrality rules, and it appeared that the site just couldn't handle the sudden influx of comments. But when the FCC released a statement explaining the website's downtime, the commission didn't mention the Oliver show or people submitting comments opposing Pai's plan. Instead, the FCC attributed the downtime solely to "multiple distributed denial-of-service attacks (DDoS)." These were "deliberate attempts by external actors to bombard the FCC's comment system with a high amount of traffic to our commercial cloud host," performed by "actors" who "were not attempting to file comments themselves; rather, they made it difficult for legitimate commenters to access and file with the FCC." The FCC has faced skepticism from net neutrality activists who doubt the website was hit with multiple DDoS attacks at the same time that many new commenters were trying to protest the plan to eliminate the current net neutrality rules. According to FCC CIO David Bray, FCC staff noticed high comment volumes around 3:00 AM the morning of Monday, May 8. As the FCC analyzed the log files, it became clear that non-human bots created these comments automatically by making calls to the FCC's API. Interestingly, the attack did not come from a botnet of infected computers but was fully cloud-based. By using commercial cloud services to make massive API requests, the bots consumed available machine resources, which crowded out human commenters. In effect, the bot swarm created a distributed denial-of-service attack on FCC systems using the public API as a vehicle. It's similar to the distributed denial of service attack on Pokemon Go in July 2016.

One of the most immediate changes with the Chairman Ajit Pai Federal Communications Commission was that the FCC leadership now fully supports zero-rating, the practice in which Internet service providers exempt some websites and online services from data caps, often in exchange for payment from the websites. Zero-rating is controversial in the US and abroad, with many consumer advocates and regulators saying it violates the net neutrality principle that all online content should be treated equally by network providers. But some zero-rating proponents believe it can serve a noble purpose—bringing Internet access to poor people who otherwise would not be online.

That's the view of Roslyn Layton, who served on Presidnet Trump's FCC transition team, does telecommunication research at Aalborg University in Denmark, and works as a visiting fellow at the conservative American Enterprise Institute. Layton believes that zero-rating should be used to get poor people on the Internet in the US, similar to the "Free Basics" program that Facebook has implemented with mobile carriers in developing countries.