The state of California has agreed to hold off enforcing its state net neutrality law and the Department of Justice and broadband industry groups that sued the state to block the legislation will also press pause on their case pending an outcome to current challenges against the FCC’s order rolling back Title II regulations.
The parties made a joint filing with the U.S. District Court for the Eastern District of California asking to delay the lawsuit as a federal court in Washington, D.C., considers the legality of certain aspects of the FCC’s net neutrality rollback―particularly federal preemption, as a rule in the order says states cannot impose their own internet regulation.
California Governor Jerry Brown signed the state law last month, which was to take effect in January, that prevented ISPs from blocking or throttling data or engaging in paid prioritization.
The industry groups representing broadband providers – CTIA, NCTA and ACA – released a statement, applauding the agreement as a win for consumers.
“California’s decision not to enforce its law regulating certain portions of the internet while the D.C. Circuit reviews the FCC’s 2017 Restoring Internet Freedom order is a win for consumers that will allow continued innovation and investment while these deliberations continue. Our companies support an open internet, and we urge Congress to resolve this issue by passing a national framework to protect that principle for all Americans,” the groups said.
FCC Chairman Ajit Pai also weighed in saying it was the federal government’s place to create policy over the internet.
“The Internet is inherently an interstate information service, as the Supreme Court has recognized, which means that only the federal government can set policy in this area. A patchwork of state laws only introduces uncertainty in the broadband marketplace that will slow investment and deployment of infrastructure and hurt consumers. I am confident that the FCC’s authority to preempt such state laws will be upheld, along with our proven market-based framework for protecting Internet openness, investment, and innovation nationwide,” Pai said in a statement.
“I am pleased that California has agreed not to enforce its onerous Internet regulations,” he added. “This substantial concession reflects the strength of the case made by the United States earlier this month.”