*… the California rules would go into force as scheduled on January 1. Like the former federal law, the new state law applies to home Internet providers and mobile carriers and prohibits blocking, throttling, and paid prioritization.
The DOJ … claims that implementation of the law would cause “irreparable harm” to the United States. It isn’t realistic for ISPs to comply with different net neutrality standards in different states … “Because its regulatory approach directly conflicts with the FCC’s, SB-822 inflicts irreparable harm on both the United States as well as the public interest more generally,” the DOJ told the court … “California will suffer no cognizable harm from being unable to disrupt the status quo by enforcing an invalid law” …*
It sounds to me like the FCC is in the pockets of the major Telecoms. If they are unable to adapt their operations to the requirements of a given state, perhaps they should not be operating there, which could open the way for actual competition.
The DOJ’s lawsuit against California characterizes the FCC’s deregulation of broadband as “an affirmative ‘deregulatory policy’ and ‘deregulatory approach’ to Internet regulation.” The FCC repeal of net neutrality rules thus “does not constitute an absence of regulation for States to fill,” the DOJ wrote.
No regulation is allowed at the state level, they say. This seems a little bit troubling and sounds like a lunge toward eventually trying to eliminate California’s strict auto emission standards (by setting a strong precedent that federal law should always supersede state law).
Ajit Pai, of course, thinks the suit is a good thing
The Internet is inherently an interstate information service. As such, only the federal government can set policy in this area. … Not only is California’s Internet regulation law illegal, it also hurts consumers. The law prohibits many free-data plans, which allow consumers to stream video, music, and the like exempt from any data limits.
Which is not quite correct. The California law allows ISPs to implement uncapped data for categories of service: if they “zero-rate” streaming HBO, they must also zero-rate Netflix, Hulu, et al.
Will this battle ever end? Will there be a winner?