The FCC officially published its order overturning the net neutrality rules in the Federal Register on Thursday, a procedural step that allows for the filing of legal challenges.
The states, along with Web browser developer Mozilla Corp and video-sharing website Vimeo Inc, had filed petitions preserving their right to sue in January, but agreed to withdraw them last Friday and wait for the FCC’s publication.
The Republican-led FCC in December voted 3-2 to overturn 2015 rules barring service providers from blocking, slowing access to or charging more for certain content on the internet.
“Repealing net neutrality will allow internet service providers to put corporate profits over consumers by controlling what we see, do, and say online,” said New York’s attorney general, Eric Schneiderman, who is leading the coalition. Other members of the group include California, Illinois, Massachusetts, New Jersey and Pennsylvania.
The attorneys general argue that the FCC cannot make “arbitrary and capricious” changes to existing policies and that it misinterpreted and disregarded “critical record evidence on industry practices and harm to consumers and businesses.”
FCC Chairman Ajit Pai is confident the order will be upheld, his office said in a statement
The White House Office of Management and Budget still must sign off on some aspects of the FCC reversal before it takes legal effect. That could take months.
Congressional aides say the publication will trigger a 60-legislative-day deadline for Congress to vote on whether to overturn the FCC’s decision. U.S. Senate Democrats, who hold 49 seats in the 100-person chamber, have the backing of 50 senators for repeal, leaving them one vote short of a majority.
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