Jon Brodkin reports via Ars Technica: California can continue enforcing its net neutrality law even after the Federal Communications Commission implements its own rules. The FCC said states could “experiment” with different regulations on interconnect payments and zero-rating, although it could pre-empt future state laws if they significantly exceed national standards. Ta. The FCC is scheduled to vote on April 25 on Commissioner Jessica Rosenworcel's proposal to reinstate net neutrality rules similar to those introduced during the Obama era and repealed under former President Trump. was. The FCC announced its pending order yesterday, which is still subject to change, but is not expected to undergo a major overhaul.
The FCC said enforcing net neutrality rules at the state level could benefit consumers. The order states that “state enforcement agencies generally assist our regulatory efforts by dedicating additional resources to oversight and enforcement, particularly at the local level, thereby ensuring enhanced compliance with our requirements.” ”. […] In a vote order scheduled for April 25, the FCC said California's law “appears to substantially mirror or resemble the federal rules. Therefore, there is no reason to preempt it at this time.” That doesn't mean the rules are exactly the same. Rather than outright banning certain types of zero-ratings, the FCC will consider on a case-by-case basis whether a particular zero-rating program harms consumers or is inconsistent with its goal of maintaining an open internet. You will have to judge. The FCC said it evaluates sponsored data programs “based on the totality of the circumstances, including their potential benefits.”
The FCC's order warns that the agency will take a hard look at zero ratings in exchange for payments from third parties and zero ratings favoring related companies. However, these categories are still determined by the FCC on a case-by-case basis, while California completely prohibits paid data cap exemptions. Despite these differences, the FCC stated that “the record before us at this time does not give us confidence that California's law is incompatible with federal regulations.” The FCC also found that California's approach to interconnection payments is compatible with the disputed federal regulations. Interconnection was the subject of a major controversy involving Netflix and major ISPs a decade ago. The FCC said it found no evidence that California's law “unreasonably burdens or interferes with interstate communications services.” Regarding zero-rating and interconnection, the FCC said there is “room for states to experiment and explore their own approaches within the comprehensive federal framework.” The FCC said it would reconsider preemption of the California rules if “California enforcement authorities or state courts seek to interpret or enforce these requirements in a manner inconsistent with our intended application of the rules.” .
