Why states might win the net neutrality war against the FCC

Enlarge / FCC Chairman Ajit Pai listens during a Senate Appropriations Subcommittee hearing in Washington, DC, on June 20, 2017. (credit: Getty Images | Bloomberg)

Can states force Internet service providers to uphold net neutrality? That's one of the biggest unanswered questions raised by the Federal Communications Commission vote to repeal its net neutrality rules.

After the FCC vote, lawmakers in more than half of US states introduced bills to protect net neutrality in their states. The governors of five states have signed executive orders to protect net neutrality.

The major obstacle for states is that FCC Chairman Ajit Pai has claimed the authority to preempt states and municipalities from imposing laws similar to the net neutrality rules his FCC is getting rid of. ISPs that sue states to block net neutrality laws will surely seize on the FCC's repeal and preemption order.