OTI: Court Should Deny Blocking of California Net Neutrality Law

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Computer companies are telling a California District Court that it should deny an effort by the Trump Administration to block California's tough new net neutrality law from going into effect.

The law was passed after the FCC's Restoring Internet Freedom (RIF) order scrapped its net neutrality rules banning blocking, throttling and paid prioritization.

In an amicus brief filed this week, the Open Technology Institute told the court that telecom companies have "a long history of violating net neutrality and haven't performed well during the COVID-19 pandemic."

The FCC's RIF deregulation of internet access included a preemption of state regs that conflicted with that decision. But California passed its own tough net neutrality rules anyway to fill what it saw as a regulatory void.

The government is seeking a preliminary injunction to block California from being able to enforce the law. OTI said that injunction should be rejected.

ACA Connects and other ISP organizations have filed similar motions to put the California law on hold.

The California law was passed in 2018, but its implementation was stayed pending the ultimate legal determination on the FCC's RIF order--federal appeals court upheld the majority of the decision exactly one year ago (Oct. 1, 2019).--as well as various motions in the California district court.

John Eggerton

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.