The Ninth Circuit Court of Appeals has ruled that California’s net neutrality law, SB 822, can remain in place, which means that Federal Communications Commission’s (FCC) 2017 decision to reverse federal internet protections cannot prohibit state action.
Jilane Rodgers Petrie, director for public affairs at Cellular Telecommunications Industry Association (CTIA) said that they will examine their options while hoping Congress sets a standard for the entire internet.
“We’re disappointed and will review our options,” she told the Southern California Record. “Once again, a piecemeal approach to this issue is untenable and Congress should codify national rules for an open internet once and for all.”
SB 822 consists of protecting the free and open internet by returning the net neutrality protections afforded by the Open Internet Order, an Obama-era order, which had been rescinded by the FCC under former then-President Donald Trump in 2017, according to Jurist.
California’s provision was established last year and prohibited internet providers from blocking legal apps and websites banned prioritization of paid content by ISPs, according to Jurist.
The Department of Justice tested the law for “second-guess[ing] the Federal Government’s regulatory approach [to the internet],” but released the lawsuit in February 2021.
According to Jurist, the rule continued to face challenges from telecom and broadband groups, such as USTelecom, CTIA and NCTA – The Internet & Television Association.
“The agency cannot preempt state action,” the court wrote in its ruling, adding that the power to control access could potentially “open the door for anticompetitive, discriminatory behavior that could disadvantage important segments of society.”