More states could act after ISPs lose latest California net neutrality challenge
The U.S. Ninth Circuit Court of Appeals dealt ISP groups a blow, as a three-judge panel upheld the state of California's right to implement
its own net neutrality rules. Analysts at New Street Research tipped
the decision to prompt more state action on the issue.
At the heart of the case is a 2018 law that the state passed to codify
net neutrality regulations after the Federal Communications Commission
(FCC) repealed its own open internet rules in late 2017. The
California law was promptly challenged in separate lawsuits by
industry groups and the Department of Justice. The latter withdrew its
case in February 2021. A district court judge ruled against the ISP
groups that same month, prompting them to appeal to the Ninth Circuit.
The industry groups had argued that California's law was superseded by
federal regulations from the FCC. But the Ninth Circuit judges
determined that by classifying broadband internet services as
information services in the repeal order, the FCC forfeited "the
authority to regulate in the same manner that it did when these
services were classified as telecommunications services." Thus, the
FCC "could not preempt state action, like SB-822, that protects net neutrality."
https://www.fiercetelecom.com/telecom/more-states-could-act-after-isps-lose-latest-california-net-neutrality-challenge
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