Telecommunications associations seek to enjoin California internet bill

By Noddy A. Fernandez | Oct 12, 2018

SACRAMENTO, Calif. (Legal Newsline) – Four trade associations are seeking to prevent the state of California from enforcing or giving effect to a senate bill regarding broadband internet access services.

American Cable Association, CTIA - The Wireless Association, NCTA - The Internet & Television Association, and USTelecom - The Broadband Association, on behalf of their members filed a complaint on Oct. 3 in the U.S. District Court for the Eastern District of California against California Attorney General Xavier Becerra over the California Internet Consumer Protection and Net Neutrality Act of 2018, or SB-822.

According to the complaint, SB-822 "was purposefully intended to countermand and undermine federal law by imposing on BIAS (broadband internet access services) the very same regulations that the Federal Communications Commission expressly repealed in its 2018 Restoring Internet Freedom Order (and by adopting even more restrictive regulations), despite the fact that both the FCC decision and the federal Communications Act of 1934, as amended, prohibit states from taking such action with respect to jurisdictionally interstate services like (broadband internet access services)."

The plaintiffs allege SB-822 poses "substantial harms" to their members and subjects them to unconstitutional legal requirements.

The plaintiffs seek judgment for preliminary and permanent injunctive relief, award costs, attorneys' fees and such further relief as the court deems just and equitable. They are represented by Marc R. Lewis of Lewis & Llewellyn LLP in San Francisco and other firms.

U.S. District Court for the Eastern District of California case number 2:18-cv-02684-JAM-DB

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Kellogg Huber Hansen Todd Evans and Fi U.S. District Court for the Eastern District of California

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