ACA Connects v. Bonta

24 F.4th 1233 (2022)

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ACA Connects v. Bonta

United States Court of Appeals for the Ninth Circuit
24 F.4th 1233 (2022)

SC

Facts

In 2018, the Federal Communications Commission (FCC) classified broadband Internet access service as an information service rather than a telecommunications service. This reclassification removed broadband from the prospect of common-carrier regulation and, along those lines, included a repeal of federal net-neutrality regulations. In the wake of this decision, the State of California (defendant) adopted its own net-neutrality regulations at the state level. The state law effectively mirrored the repealed federal net-neutrality regulations but applied only to broadband customers in California. ACA Connects (ACA) (plaintiff), representing Internet-service providers, challenged the law in the United States District Court for the Eastern District of California based on conflict preemption and field preemption in the field of interstate communications services. ACA moved for a preliminary injunction that would prohibit California’s enforcement of the law. The district court denied the motion. ACA appealed.

Rule of Law

Issue

Holding and Reasoning (Schroeder, J.)

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Casebooks

Communication Law

Key Terms