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Communication Law Keyed to Benjamin, 2nd Ed.
ACA Connects v. Bonta
Citation:
24 F.4th 1233 (2022)Facts
In 2018, the FCC issued an order reclassifying broadband internet services from Title II “telecommunications services” to Title I “information services,” which eliminated federal net neutrality rules. The FCC also included a Preemption Directive that purported to preempt state net neutrality regulations. In Mozilla v. FCC, the D.C. Circuit upheld the reclassification but vacated the Preemption Directive, finding that the FCC lacked authority to preempt state regulations after surrendering its own regulatory authority through reclassification. Meanwhile, California enacted SB-822, which essentially codified the rescinded federal net neutrality rules but limited its application to broadband services provided to California customers. Several trade associations representing communications service providers sought a preliminary injunction to prevent enforcement of SB-822, arguing it was preempted by federal law despite the D.C. Circuit’s ruling in Mozilla.
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