FCC chairman Pai calls California's net neutrality bill "illegal"
California State Senator Scott Wiener is known as the author of SR822. This is the bill that is a signature away from making net neutrality the law in the state of California. As a result ISPs and wireless carriers would be obligated to treat all streaming content the same. Companies like Netflix will not be able to pass a few extra bucks to AT&T and other providers to have its media streamed at a faster speed over a special "fast lane." It also blocks companies like Comcast or AT&T from blocking or throttling certain content because it doesn't jive with the CEO's personal views. And the California bill adds another kicker; it prevents streaming content providers from paying carriers to zero rate their streams.
As you might imagine, SR822 is the finger found inside the hot dog being eaten by FCC chairman Ajit Pai. Under Pai, the FCC repealed net neutrality and he probably figured that he wouldn't have to deal with it anymore. Except surveys show that the majority of Americans are in favor of net neutrality, and dozens of states have followed California in trying to make it law.
But Pai isn't having any of that. In a speech he made at the Maine Heritage Policy Center, he called out this whole idea of legislating net neutrality and said that it would prevent Californians from buying free data plans. He also stated that it would hurt low-income Americans and called California's action illegal. His theory is that since broadband is an interstate service, only the federal government can regulate it.
But allow yours truly to play Devil's Advocate for a second. Sure, no one wants low-income Americans to miss out on free streaming content. But without net neutrality, let's say Netflix pays AT&T for a special "fast lane" allowing subscribers to view video at a higher resolution. Eventually, Netflix is going to pass on the costs to subscribers. And let's say for a moment that another content provider is planning on streaming a video critical of the holder of a high ranking public office. If an ISP or carrier supports this person, without net neutrality it can block or throttle the stream.
Senator Wiener responded to Pai's comments with a lengthy rebuke of his own. Parts of both statements can be found below. As for SR822, it sits on the desk of Governor Jerry Brown, awaiting his signature. He has two weeks left to sign it before the bill dies of natural causes.
"Of course, those who demand greater government control of the Internet haven’t given up. Their latest tactic is pushing state governments to regulate the Internet. The most egregious example of this comes from California. Last month, the California state legislature passed a radical, anti-consumer Internet regulation bill that would impose restrictions even more burdensome than those adopted by the FCC in 2015.
If this law is signed by the Governor, what would it do? Among other things, it would prevent Californian consumers from buying many free-data plans. These plans allow consumers to stream video, music, and the like exempt from any data limits. They have proven enormously popular in the marketplace, especially among lower-income Americans. But nanny-state California legislators apparently want to ban their constituents from having this choice. They have met the enemy, and it is free data.
The broader problem is that California’s micromanagement poses a risk to the rest of the country. After all, broadband is an interstate service; Internet traffic doesn’t recognize state lines. It follows that only the federal government can set regulatory policy in this area. For if individual states like California regulate the Internet, this will directly impact citizens in other states.
Among other reasons, this is why efforts like California’s are illegal."-Ajit Pai, chairman, FCC
If this law is signed by the Governor, what would it do? Among other things, it would prevent Californian consumers from buying many free-data plans. These plans allow consumers to stream video, music, and the like exempt from any data limits. They have proven enormously popular in the marketplace, especially among lower-income Americans. But nanny-state California legislators apparently want to ban their constituents from having this choice. They have met the enemy, and it is free data.
The broader problem is that California’s micromanagement poses a risk to the rest of the country. After all, broadband is an interstate service; Internet traffic doesn’t recognize state lines. It follows that only the federal government can set regulatory policy in this area. For if individual states like California regulate the Internet, this will directly impact citizens in other states.
Among other reasons, this is why efforts like California’s are illegal."-Ajit Pai, chairman, FCC
"Unlike Pai’s FCC, California isn’t run by the big telecom and cable companies. SB 822 is necessary and legal because Chairman Pai abdicated his responsibility to ensure an open internet. Since the FCC says it no longer has any authority to protect an open internet, it’s also the case that the FCC lacks the legal power to preempt states from protecting their residents and economy.
When Verizon was caught throttling the data connection of a wildfire fighting crew in California, Chairman Pai said nothing and did nothing. That silence says far more than his words today.
SB 822 is supported by a broad coalition of consumer groups, groups advocating for low income people, small and mid-size technology companies, labor unions, and President Obama’s FCC chairman, Tom Wheeler. I’ll take that support over Ajit Pai any day of the week."-Scott Wiener, California State Senator
When Verizon was caught throttling the data connection of a wildfire fighting crew in California, Chairman Pai said nothing and did nothing. That silence says far more than his words today.
SB 822 is supported by a broad coalition of consumer groups, groups advocating for low income people, small and mid-size technology companies, labor unions, and President Obama’s FCC chairman, Tom Wheeler. I’ll take that support over Ajit Pai any day of the week."-Scott Wiener, California State Senator
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