Net neutrality rally at the FCC. Credit: Diego M. Radzinschi / NLJ

California leaders have agreed not to enforce the state's new net neutrality law while the U.S. Court of Appeals for the D.C. Circuit considers a multi-state challenge to the Federal Communications Commission's repeal of Obama-era internet access rules.

Responding to the announcement, the U.S. Department of Justice, American Cable Association and other plaintiffs representing telecommunications groups have withdrawn their request for an injunction that would have blocked California's law, SB 822, from taking effect in January.

The stipulation by all parties to the two suits challenging the new state law was filed in the U.S. District for California's Eastern District. The state's response to the U.S. Justice Department's complaint had been due today.

“Of course, I very much want to see California's net neutrality law go into effect immediately, in order to protect access to the internet,” the legislation's author, Sen. Scott Weiner, D-San Francisco, said in a prepared statement. “Yet, I also understand and support the attorney general's rationale for allowing the D.C. Circuit appeal to be resolved before we move forward to defend our net neutrality law in court.”

The California Internet Consumer Protection and Net Neutrality Act seeks to restore many of the anti-throttling and content-blocking rules originally included in a 2015 order by the Obama administration. Those regulations were rescinded last year by the Republican-controlled Federal Communications Commission.

Friday's agreement among the parties says the pause in litigation and enforcement of the net neutrality law will remain in place until the D.C. Circuit or the U.S. Supreme Court either denies any petitions for rehearing or certiorari in the FCC challenge or issues a final decision.

FCC Chairman Ajit Pai called California's decision to pause enforcement a “substantial concession.”

The temporary freeze on enforcing the state law “demonstrates, contrary to the claims of the law's supporters, that there is no urgent problem that these regulations are needed to address,” Pai said. “Indeed, California's agreement not to enforce these regulations will allow Californians to continue to enjoy free-data plans that have proven to be popular among consumers.”

The Trump administration sued to block California's internet access protection law, the strongest in the country, just an hour after Gov. Jerry Brown signed it into law. Attorneys from Kellogg, Hansen, Todd, Figel & Frederick; Molo Lamken; Lewis & Llewellyn; and Latham & Watkins representing internet and cable associations filed a similar suit just three days later.

The future of those suits will now turn on the challenge to the FCC's rescission filed in January by attorneys general from 20 states and the District of Columbia.

 

Read more:

Telecoms' Big Firms Urge Judge to Throttle California's Net Neutrality Law

Feds Sue California to Block Sweeping New 'Net Neutrality' Law

In-House Tech Lawyers on Why They're Taking FCC to Court on Net Neutrality