Today:  California Net Neutrality Law Receives More Court Challenges, Canada Solidifies Relationship with European Regulators,  Canada Partners with FTC on Unsolicited Calls 

California Net Neutrality Law Receives More Court Challenges

The American Cable Association, CTIA, NCTA, and USTelecom are the latest entities to file a lawsuit challenging the new California net neutrality law (SB 822) which is scheduled to go into effect January 1, 2019.   The associations claim that the California law is preempted by federal law; violates commerce clause by regulating commerce outside of boundaries of California; and would cause irreparably harms the providers’ businesses.  They are asking the court to prevent CA from enforcing the new law.  In a joint statement, the associations said: “The nation’s broadband providers are the innovation engine of America’s digital economy and remain committed to an open internet for consumers. We oppose California’s action to regulate internet access because it threatens to negatively affect services for millions of consumers and harm new investment and economic growth. Republican and Democratic administrations, time and again, have embraced the notion that actions like this are preempted by federal law. We believe the courts will continue to uphold that fundamental principle. Meanwhile, we will continue our work to ensure Congress adopts bipartisan legislation to create a permanent framework for protecting the open internet that consumers expect and deserve.”

Earlier this month, the DOJ challenged the same law and also sought an injunction to prevent the law’s enforcement.   

See the Regulatory Mix dated 10/1/18.

Canada Solidifies Relationship with European Regulators

The Canadian Radio-television and Telecommunications Commission (CRTC) signed a memorandum of understanding (MOU) with the Body of European Regulators for Electronic Communications (BEREC) to form a cooperative relationship. 

Through this mutual understanding, both agencies will support their respective efforts to address current and future regulatory challenges in Canada and Europe.  They will focus on a number of broad themes, including broadband development and network neutrality.  The CRTC and BEREC intend to carry out their cooperative activities for a period of two years, which could be extended for a further two years.

Canada Partners with FTC on Unsolicited Calls

CRTC Chairman and CEO Jean-Pierre Blais signed a memorandum of understanding (MOU) with the U.S. Federal Trade Commission (FTC) at the Embassy of the United States in Ottawa.  The agreement between the two Commissions relates to unsolicited telecommunications, unsolicited commercial electronic messages (spam) and other unlawful electronic threats.  FTC Chairwoman Edith Ramirez signed the MOU at the Embassy of Canada in Washington, DC.  The MOU incorporates and solidifies the CRTC’s and the FTC’s commitment to cooperate on enforcing Canadian and U.S. spam and telemarketing laws. Furthermore, the MOU will allow both the CRTC and the FTC to facilitate research and education related to unauthorized communication such as unsolicited spam and telemarketing. Both organizations also plan to share knowledge and expertise through training programs and staff exchanges, and to inform each other of developments related to the laws, among other activities, through the MOU.

The MOU further reiterates the longstanding cooperation between the FTC and CRTC. Both organizations serve on the Executive Committee of the London Action Plan, a network of international spam and unsolicited communications enforcement agencies. They also work together on investigations related to automated dialing announcing device (ADAD) calls (also known as robocalls).

The MOU outlines the levels of assistance, information confidentiality and data retention.

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 The Regulatory Mix, Inteserra’s blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of an Inteserra Briefing.