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California May Soon Enforce Its Own Net Neutrality Rules

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Supporters of net neutrality protest the FCC in Los Angeles on Nov. 28, 2017. (Reuters/ Kyle Grillot)

After a three-judge panel from the D.C. Court of Appeals recently upheld a 2017 decision by the Trump Administration to repeal Obama-era regulations regarding net neutrality, California may have gained the opportunity to enforce its own rules.

The court decision said that the Federal Communications Commission could not prevent California from having its own state-level net neutrality laws.

California passed a law addressing net neutrality last year, but it was put on hold amidst court challenges. The bill, SB-822, passed largely along party lines last fall, with Democrats in favor and Republicans opposed.

“Net neutrality is about each of us deciding where we’re going to go on the internet as opposed to corporations telling us where we have to go. This is about people being able to decide what websites they go to for their news, to go shopping, to engage in the community, as opposed to corporations like AT&T and Verizon manipulating us to go to favored websites,” said Senator Scott Wiener, co-sponsor of SB-822, according to the San Francisco Chronicle.

Ajit Pai, head of the FCC, hailed the court decision, saying that it solidifies the 2017 FCC changes to the Obama Administration’s 2015 net neutrality rules.

“Today’s decision is a victory for consumers, broadband deployment, and the free and open Internet,” Pai said in a statement. “The court also upheld our robust transparency rule so that consumers can be fully informed about their online options.”

The Obama Administration’s 2015 net neutrality rules reclassified internet ISPs under the Communications Act of 1934, from Title 1 “information services” to title II “common carrier services,” giving the FCC the power to regulate ISPs.

Upon becoming FCC chair in 2017, Pai moved to repeal the 2015 Obama-era rules and return to classifying ISPs as Title 1 services. In June 2018, the repeal became official. The recent court decision solidifies its legality but also allows for states like California to pursue their own agenda.

President Trump also supported the decision in a tweet on Oct. 7. “We just WON the big court case on Net Neutrality Rules! A great win for the future and speed of the internet. Will lead to many big things including 5G. Congratulations to the FCC and its Chairman, Ajit Pai!” the tweet read.

California’s Attorney General Xavier Becerra, along with 22 other states’ Attorneys General, had originally sued the FCC for its decision to repeal the 2017 repeal order.

“Today’s decision blocks the FCC’s effort to preempt state net neutrality laws through regulation,” Becerra said in a statement on Oct. 1. “This decision also underscores the FCC’s failure to adequately consider public safety concerns, or impacts on low income Americans, when it issued this ill-conceived rule.”

The court further mandated that the FCC’s net neutrality repeals would not restrict access to internet services for first responders and low-income users. The court cited testimony from Santa Clarita County firefighters who claimed their internet service was severely limited during the Mendocino Complex fire.

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