Federal court decision won’t change California net neutrality law
As a seasoned film enthusiast who’s spent countless hours streaming movies online, I can’t help but feel a surge of relief and pride as I read about the resilience of state net neutrality laws. Having lived through the digital dark ages of buffering videos and slow connections, I know firsthand the importance of equal access to the internet.
The recent ruling by the 6th U.S. Circuit Court of Appeals may have struck down the FCC’s open internet rules, but it’s clear that state laws, particularly California’s, are standing tall in the face of industry challenges. The courts’ continued support for these state-level measures is a testament to the power of the people when they stand up for their rights.
In a world where we’re all connected by invisible wires, it’s heartening to see that some things are still grounded in common sense. I can almost hear the collective sigh of relief from fellow movie buffs across the nation as we enjoy our high-speed, unthrottled streaming sessions without fear of unexpected interruptions or slowdowns.
As for a little humor to lighten the mood, let me leave you with this: If only broadband providers could provide us with the same level of service as they do with their billing statements—always clear, concise, and easy to understand! But alas, we’ll take what we can get and continue to fight for a fair and open internet for all.
Even though the Federal Communications Commission’s attempts to control broadband internet service have been dismantled, state regulations in California, New York, and other places continue to be enforced.
Experts in telecommunications have stated that this week’s ruling by the 6th U.S. Circuit Court of Appeals, which invalidated the Federal Communications Commission’s open internet rules, does not significantly impact state laws enacted during the ongoing debate over the government’s authority to regulate internet service providers. In essence, they are saying that while this federal court decision may have an effect on national policies, it doesn’t necessarily override or weaken existing state regulations in this area.
In essence, it’s been proposed that the ruling from the Cincinnati-based 6th Circuit, coupled with other judgments and the U.S. Supreme Court’s stance on a separate New York case, have significantly bolstered the efforts of state regulators to bridge any existing gaps in their regulatory functions.
As a long-time advocate for equitable access to high-speed internet, I find the recent development concerning. Ernesto Falcon’s statement highlights a worrying trend: the gradual erosion of the Federal Communications Commission’s (FCC) role in broadband regulation. Having worked extensively with local governments on broadband policy issues, I understand the challenges they face when trying to govern and regulate broadband carriers without federal support.
In my experience, states like California, New York, and many others, lack the resources and expertise needed to effectively address the complex issues surrounding broadband infrastructure development and access. The FCC’s absence in this area will make it difficult for these states to ensure that all residents have affordable, reliable, high-speed internet access.
This decision could have far-reaching implications for millions of Americans who depend on broadband for work, education, healthcare, and social connections. It is crucial that the FCC reconsiders its stance and continues to play a significant role in broadband regulation to ensure that all communities, regardless of their location or socioeconomic status, have access to this essential service.
California boasts one of the nation’s most robust regulations for net neutrality, a concept that ensures all internet data is handled impartially to maintain a fair and accessible network. In 2018, then-Governor Jerry Brown enacted this law, following federal regulators under President-elect Donald Trump’s administration who rolled back the net neutrality rules established during President Obama’s term in 2017.
Colorado, Oregon and other states also adopted their own standards.
Hollywood Inc.
The appellate court based in Ohio decided that the Federal Communications Commission didn’t have the power to reimplement regulations for an open internet.
California’s law, previously tested in court, has proven resilient. Furthermore, it instigated modifications in how internet service providers structure their service offerings.
According to Falcon, California’s net neutrality law, often considered the benchmark by consumer supporters, has a significant effect on a broader, nationwide scale.
The California Internet Consumer Protection and Net Neutrality Act, previously known as Senate Bill 822, prevents actions considered detrimental to fair competition that could potentially negatively impact consumers.
These actions involve controlling or reducing the speed of internet traffic, as well as internet service providers, and prohibiting certain types of “zero-rating,” a term used in the industry to describe a practice where a specific service is excluded from data limits.
Following the implementation of California’s law, telecom titan AT&T discontinued offering the Max streaming service to its mobile customers without it affecting their data limit. However, streams from services not owned by AT&T were still considered against the data cap. This move was perceived as a strategy to keep consumers using AT&T phones.
The first Trump administration sued to block California’s law, delaying it for several years.
However, once President Biden assumed office in 2021, his government abandoned attempts to weaken California’s legislation.
Business
As a devoted cinephile, I’m excited to share that a higher judicial body has validated California’s internet fairness law, effectively dismissing an effort by communications sector guilds to obstruct its implementation.
A professional organization that advocates for broadband service providers has taken action in defense of their interests. This organization, named ACA Connects, filed a lawsuit against California Attorney General Rob Bonta, aiming to obtain a temporary restraining order and thus delay the implementation of the relevant law.
However, that legal attempt was rejected by the courts, and the California-based 9th U.S. Circuit Court of Appeals affirmed the state law three years ago.
According to John Bergmayer, the legal director of the advocacy group Public Knowledge that champions an open internet for consumers, all the state laws have been validated.
Last April, the FCC sought to reinstate the Obama-era rules to provide a national standard.
The Federal Communications Commission (FCC) aimed to expand its supervision over internet providers, allowing it to compel them to address service disruptions or cybersecurity incidents. Furthermore, the FCC emphasized national security concerns, stating that enhanced monitoring was crucial for the commission to effectively counter foreign-owned companies perceived as security risks.
On Thursday, three judges from the 6th Circuit Court of Appeals agreed in unison that the Federal Communications Commission (FCC) exceeded its powers when it attempted to reclassify broadband service as a more heavily regulated “telecommunications” service under both the 1934 Communications Act and the 1996 Telecommunications Act.
The ruling did not address state net neutrality laws.
According to Blair Levin, who previously held a prominent position at the Federal Communications Commission (FCC) and currently advises New Street Research, this recent ruling leaves room for further action by individual states.
To clarify further, Levin stated that the 9th Circuit ruled these actions by the Federal Communications Commission (FCC) do not override state authorities from independently enacting separate measures.
Legal experts, including him, noted that the U.S. Supreme Court declined to review a case concerning a New York law mandating that internet service providers provide affordable broadband services with specified speed and cost, as determined by the state.
Since the High Court chose not to review that specific case, the existing New York law remains in place. This decision might encourage further legal action by other states, according to experts.
“The state’s authority and role in broadband access has grown dramatically now,” Falcon said.
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2025-01-04 01:31