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California's net neutrality law is in great shape. It didn't rely on Brand X. New York's broadband affordability law is in good shape too.
by rsingel 2y ago
California's net neutrality law is in great shape. It didn't rely on Brand X.
New York's broadband affordability law is in good shape too.
- lelandfe 2y agoAh, you're right. Hooray. CA's net neutrality law was challenged in court and found to be lawful due to Mozilla Corp. v. FCC, and I knew that case hinged upon Brand X. At the time, Ajit Pai was trying to prevent states from making their own net neutrality laws. Them striking down the state preemption was separate from the Brand X use, it turns out. > In neither case [Ray v. Atlantic Richfield Co and Arkansas Electric] was the source or existence of statutory authority for the agency to preempt state regulation at issue. Nor do those cases speak to a statutory scheme in which Congress expressly marked out a regulatory role for States that the federal agency has attempted to supplant. If Congress wanted Title I to vest the Commission with some form of Dormant-Commerce-Clause-like power to negate States’ statutory (and sovereign) authority just by washing its hands of its own regulatory authority, Congress could have said so p140 https://cases.justia.com/federal/appellate-courts/cadc/18-1051/18-1051-2019-10-01.pdf https://cases.justia.com/federal/appellate-courts/cadc/18-10...