Editorial: Neutralize the FCC rules

THE ISSUE:

Efforts under way in New York to attempt to neutralize the FCC's end to "net neutrality."

THE STAKES:

States must try to shield businesses and residents from a misguided Trump administration policy.

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Despite repeated pleas that the Federal Communications Commission leave alone the rules that guaranteed a free and open internet, the FCC went ahead and ended what's known as "net neutrality." Now New York is leading the charge to thwart the Trump administration's misguided policy and protect innovators and consumers.

The December change in FCC rules allows cable and telecommunications giants like Verizon and Comcast to act as the internet's gatekeepers, managing traffic to suit their needs at the expense of small businesses, tech startups and the customers of all those companies. It is especially troubling that the FCC's decision was based, at least in part, on up to two million public comments that were fraudulently posted using stolen identities.

The Empire State's approach to mitigate the impact of the FCC rollback is multifaceted — and appropriate.

New York Attorney General Eric Schneiderman is leading a coalition of 22 states challenging the legality of the FCC's action. Mr. Schneiderman also has been investigating the use of stolen identities to support the FCC action; the federal Government Accountability Office is looking into that, too.

Albany Assemblywoman Patricia Fahy and state Sen. David Carlucci of Rockland County have introduced a bill to prohibit state government from doing business with any internet service provider unless it adheres to the net neutrality rules. Gov. Andrew Cuomo has issued an executive order that will essentially do just that, following a similar move by Montana's governor. Passing the Fahy-Carlucci bill would make the policy law.

At least two dozen states are taking similar legislative steps to force ISPs to honor the basic principles of net neutrality. Some are considering establishing net neutrality rules within their borders.

Countering bad federal policy with state actions continues a trend that began shortly after President Donald Trump took office. After the president pulled the United States out of the Paris climate accord, several states pledged to continue adhering to its precepts. Many states are fighting the U.S. Environmental Protection Agency's loosening of regulations on off-shore drilling. Some states are considering "sanctuary" policies to protect residents against Mr. Trump's harsh tactics on illegal immigrants.

Whether state net neutrality actions will withstand potential court challenges remains to be seen. But the mounting resistance at least temporarily slows implementation of what Mr. Cuomo rightly terms a "dangerous ruling ... against the core values of our democracy."

A patchwork of state regulations on what really is a national concern is far from a perfect solution. But with an acquiescent, anti-consumer Congress run entirely by Mr. Trump's Republican allies, it's as effective a tactic as consumers and internet entrepreneurs may be able to hope for.