Enlarge (credit: Getty Images | Rafe Swan)
The Trump administration and broadband industry are resuming their fight against California's net neutrality law, with the US Department of Justice and ISP lobby groups filing new complaints against the state yesterday.
The case is nearly two years old but was put on hold because California in October 2018 agreed to suspend enforcement of its law until after litigation over the Federal Communications Commission's repeal of US net neutrality rules and the FCC's attempt to preempt state net neutrality laws. That lawsuit was decided in October 2019 when the US Court of Appeals for the District of Columbia Circuit upheld the FCC repeal of its own rules but overturned the FCC's attempt to impose a blanket, nationwide preemption of any state net neutrality law.
"At bottom, the Commission lacked the legal authority to categorically abolish all 50 States' statutorily conferred authority to regulate intrastate communications," judges in that case wrote. But that doesn't prevent the Trump administration and ISPs from trying to block state laws on a case-by-case basis.
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