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SB-822 - CA Net Neutrality Act of 2018
California has enacted SB-822, directly regulating the provision of broadband Internet access services (“BIAS”) This statute was purposefully intended to countermand and undermine federal law by imposing the very same regulations that the FCC expressly repealed, despite the fact that both the FCC decision and the federal Communications Act of 1934 prohibit states from taking such action with respect to jurisdictionally interstate services. SB-822 is therefore preempted under the Supremacy Clause of the United States Constitution. It also regulates far outside the borders of the State of California and unduly burdens interstate commerce in violation of the dormant Commerce Clause of the United States Constitution.
A 21st Century Net Neutrality Solution
The FCC’s Restoring Internet Freedom order, effective June 11th, repeals the Obama-era Open Internet order. The new rules permit some traffic management practices — such as paid prioritization — as long as they don’t harm consumers or disadvantage competitors, and the FTC is now responsible for investigation and enforcement. However, by regulating broadband under Title I of the Telecommunications Act, and not as a Title II utility, the Commission has left many important questions and issues unresolved.
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