FCC Acknowledges California's State Net Neutrality Law, Allows Room for State-Level Enforcement
ICARO Media Group
The FCC stated that state-level enforcement can benefit consumers and support the agency's regulatory efforts.
The FCC's acknowledgment comes as Chairwoman Jessica Rosenworcel proposed to restore net neutrality rules similar to those implemented during the Obama era. The FCC recently released the text of the pending order, which is subject to a vote scheduled for April 25.
California's net neutrality law was passed after the federal rules were repealed by former President Trump's administration. The state law closely mirrored the FCC's repealed rules, prohibiting paid prioritization and the blocking or throttling of lawful traffic on fixed and mobile networks.
However, California went beyond the FCC's regulations by imposing a ban on paid data cap exemptions, effectively restricting zero-rating practices. This caused ISPs like AT&T to discontinue exempting HBO Max from mobile data caps and halt their "sponsored data" program. The FCC order stated that it will evaluate sponsored-data programs based on potential benefits and the circumstances surrounding them.
Despite the differences between California's law and the federal rules, the FCC found no reason to preempt the state's regulations. The FCC acknowledged that the California law appears to largely mirror its own rules and is compatible with its pending federal rule. The FCC also found that California's approach to interconnection payments aligns with the upcoming federal rule.
The FCC emphasized that there is room for states to experiment with their own approaches within the boundaries of the federal framework. However, the agency cautioned that it will reconsider preemption if California interprets or enforces its requirements in a manner inconsistent with the FCC's intentions.
The FCC's acknowledgment of state-level enforcement and recognition of the benefits it brings to consumers indicate a potential shift toward a more decentralized approach to net neutrality regulation. As the battle for net neutrality continues, it remains to be seen how other states will respond and whether the FCC's proposed restoration of net neutrality rules will gain traction.
The upcoming vote on Chairwoman Rosenworcel's proposal on April 25 will be a significant milestone in determining the future of net neutrality regulations in the United States.