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Ninth Circuit Upholds California Net Neutrality Law

By Craig A. Gilley on February 2, 2022
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Last Friday, the Ninth Circuit upheld California’s 2018 net neutrality law in the face of arguments that the law was preempted by FCC action. The court held that the FCC can’t preempt states since it gave up its own regulatory authority over broadband in its 2017 repeal of the federal net neutrality rules.

According to the decision, key is the FCC reclassification of broadband internet service as an information service: “Only the invocation of federal regulatory authority can preempt state regulatory authority…As the D.C. Circuit held in Mozilla, by classifying broadband internet services as information services, the FCC no longer has the authority to regulate in the same manner that it had when these services were classified as telecommunications services.”

By giving up its authority to preempt, it no longer matters if the state law conflicts with the federal policy objectives underlying the reclassification decision. By vacating the regulatory field, the FCC gave the states carte blanche to step in and impose their own net neutrality rules.

The opinion bolsters other states (New York and Vermont) that are defending their own net neutrality laws against active claims of federal preemption.

With this decision, and the impending nomination of net neutrality advocate Gigi Sohn to be the FCC’s fifth commissioner, the prospects for a fulsome and active return of net neutrality regulation are certainly increasing.

Craig A. Gilley

Craig Gilley provides a broad range of services for regulated communications entities, as well as information technology, education technology, investment, and private equity companies. Craig’s primary practice involves counseling cable operators, broadband providers, internet service providers, video programmers, satellite providers, and wireless/wireline telecommunications…

Craig Gilley provides a broad range of services for regulated communications entities, as well as information technology, education technology, investment, and private equity companies. Craig’s primary practice involves counseling cable operators, broadband providers, internet service providers, video programmers, satellite providers, and wireless/wireline telecommunications providers on a broad range of legal, regulatory, operational, and transactional issues. He also regularly provides transactional, operational, compliance, and strategic advice to information and educational technology firms. Craig also represents investment and private equity companies, providing transactional and compliance support to ensure that both their acquisitions and ongoing investments fully comply with regulatory requirements.

Read more about Craig A. GilleyEmail
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  • Posted in:
    Communications, Media & Entertainment
  • Blog:
    All About Advertising Law
  • Organization:
    Venable LLP
  • Article: View Original Source

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