Posting the notice of the repeal in the federal register also makes it possible for it to be legally challenged, or overturned by lawmakers using the Congressional Review Act. The 1996 CRA lets Congress pass a resolution blocking a rule enacted by a federal agency if it acts within 60 days of notification (via the Federal Register).
Net neutrality is the idea that internet service providers should not charge extra fees to users for visiting specific sites or allow faster access to some sites over others. Proponents of removing the rules contend that the move will unfetter competition and thus boost economic growth.
Consumers Union, the advocacy division of Consumer Reports, opposes the rollback. The White House Office of Management and Budget still must sign off on aspects of the reversal before it takes effect. As part of the final order, the FCC asserts authority to prevent states from pursuing laws inconsistent with the net neutrality repeal. There has also been talk about OR creating laws to protect net neutrality within the state. That would bring the 2015 Open Internet Order back into effect. "The repeal of net neutrality would turn internet service providers into gatekeepers - allowing them to put profits over consumers while controlling what we see, what we do, and what we say online", Schneiderman said. "Consumers and businesses in NY and across the country have the right to a free and open internet, and our coalition of Attorneys General won't stop fighting to protect that right".
The Attorneys General will argue in their suit that, under the Administrative Procedure Act, the FCC can not make "arbitrary and capricious" changes to existing policies, such as net neutrality.
Though Oregon's proposal for its own net neutrality laws is a reassurance to those living in the state, it still leaves room for possible issues to arise, as there would still be no federal law for net neutrality. The Commission restores the classification of broadband internet access service as a lightly-regulated information service and reinstates the private mobile service classification of mobile broadband internet access service. However the FCC has sought to explicitly preempt these laws in the new rule. Other blue states might follow suit if the repeal of net neutrality goes forward on April 23.
A court victory is likely the best chance the FCC's opponents have to thwart the agency. Edward Markey, D-Mass., and Richard Blumenthal, D-Conn., and U.S. Rep. Mike Doyle, D-Pa., will host a press event Tuesday as part of a planned Net Neutrality National Day of Action.