ISPs Drop Challenge to California Net Neutrality Law

Lobbying groups representing broadband internet access service providers—including ACA Connects, NCTA, CTIA and USTelecom—dropped their challenge of a federal district court's ruling upholding California's net neutrality law. The ISPs had already lost a federal district court challenge to the law and two appeals court efforts to block enforcement. The suit was dismissed without prejudice, which means ISPs could refile it if they chose. California adopted the prohibitions on blocking, throttling and paid prioritization after the Federal Communications Commission eliminated its similar net neutrality rules and reclassified internet access as a Title I information service under Chairman Ajit Pai.

"The ISPs threw in the towel today on their challenge to California’s net neutrality law," said Andrew Jay Schwartzman, senior counselor to the Benton Institute for Broadband & Society, one of those defending the law before both the federal district court and the US Court of Appeals for the 9th Circuit. "Realizing that they could not successfully appeal the January 2022 decision of the U.S. Court of Appeals for the Ninth Circuit to the Supreme Court, the ISPs gave up. They were forced to accept what most observers had seen: in the wake of the Federal Communications Commission’s decision disclaiming interest in treating broadband access service as subject to federal regulation, the states were freed to adopt their own requirements. Several other states have adopted net neutrality requirements by statute or executive order. The reasoning of the 9th Circuit court allows those provisions to remain in effect as well. The end of this litigation is a boon for free speech, competition and innovation on the internet."