FCC Net Neutrality Repeal Being Published in FR, Triggering Challenge Timetables

The FCC's net neutrality repeal will be published in Thursday's Federal Register, triggering timelines for challenges. The "internet freedom" declaratory ruling and orders will take effect when the FCC publishes a new document in the FR, contingent on Office of Management and Budget approval of modified information collection requirements, said the FR. A few nominal parts take effect April 23, but no substantive decisions do until after OMB approval under the Paperwork Reduction Act, said a commission spokesman. That process is expected to take months. After Thursday, litigants will have 10 days (possibly until March 5 because March 4 is a Sunday) to file petitions for review if they want to be included in a court lottery to determine the venue for consolidating challenges expected to be filed in different circuits. The FCC made a conforming change under FR rules and a correction, in an erratum in docket 17-108 in Wednesday's Daily Digest. The Computer & Communications Industry Association will seek to intervene in the case against the repeal. CCIA said Wednesday FCC reversal “would give a couple of big internet service providers too much power over any US business or consumers that rely on internet access.” Industry lobbyists said they're watching closely for clues on timing of expected filing of Congressional Review Act resolutions of disapproval in the House and Senate aimed at undoing FCC rescission of the 2015 rules. Sen. Ed Markey, D-Mass., and House Communications Subcommittee ranking member Mike Doyle, D-Pa., are leading the CRA effort (see 1712110050 and 1712120037). It was unclear if they will file their resolutions Thursday or wait until Congress returns next week from its weeklong recess. Their offices didn’t comment. Meanwhile, the man who threatened Rep. John Katko, R-N.Y., in October over his stance on net neutrality has pleaded guilty. Syracuse, New York, resident Patrick Angelo, 28, pleaded guilty to a count of interstate communication of a threat for leaving a threatening voicemail at Katko’s Capitol Hill office, federal prosecutors said Tuesday. He's eligible to be sentenced to up to five years in prison.