Stay Tuned Silicon Valley: Net Neutrality Rules To Be Decided

SAN JOSE, CA -- Keeping the Internet equal for all is up in the air, a matter expected to bring about a showdown in the courts early next year if not before in Congress. Once again, California has thrusted itself in the forefront of the resistance, with the Silicon Valley watching with a split opinion.

California State Attorney General Xavier Becerra has challenged the new rules set by Federal Communications Commission Chairman Ajit Pai's order last year that allows providers to manage the speed and access to particular websites.

Net neutrality was adopted in 2015, barring broadband purveyors from blocking websites or charging more. It was upheld by a federal appeals court the following year. But the FCC under a new administration that values deregulation at a stunning rate took a backdoor approach to the matter, riling up states and equal Internet access advocates.

The U.S. Supreme Court refused to hear the challenge in the hopes the matter would get resolved in the lower courts.

The California attorney general agreed to having its legal challenge on hold until the U.S. Court of Appeals in the District of Columbia determines whether the feds’ rules can preempt a state's mandate. The Golden State wants to keep the Internet free and open to all, minus the varying speeds between favorable sites and non-favorable ones. The issue has brought about protests -- including a mass wave on Facebook -- and has prompted California Sen. Scott Wiener, D-San Francisco, to introduce Senate Bill 822, which would supersede federal law. The law was due to take effect on Jan. 1.

Last summer, a reversal of the FCC's repeal of net neutrality squeaked by, but the measure remains unresolved in the House of Representatives. Its deadline is Dec. 10.

The Silicon Valley business world is watching this issue closely -- given its predominant industry is online.

"It's something we're keeping an eye on," said Peter Leroe Munoz, vice president of technology and innovation at the Silicon Valley Leadership Group in San Jose.

The goal is to build consensus in the Valley. Munoz said his organization represents a blend of businesses who have expressed opinions for and against net neutrality or the FCC's new rules against it. The FCC's repeal could essentially avail providers to "throttle, block or treat online traffic differently depending on preference and paid dues.

"What I think might happen is we'll see California with other states drafting its own legislation," Munoz said. The fear is traffic on some sites will slow down dramatically unless users "pay more" for the content that is now free of charge.

Consumers have been spoiled at this point, while some website-driven companies would love to get on that wagon train of revenue.

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