Today:  California Net Neutrality Law Enforcement Delayed, U.S. Copyright Office Issues DMCA Exception, FTC Announces Agenda for hearings on Competition and Consumer Protection 

California Net Neutrality Law Enforcement Delayed

In a recent filing, the parties in the legal challenge of California’s new Net Neutrality Law submitted a joint stipulation not to enforce Senate Bill 822.  In connection with a stipulated stay of proceedings, the state of California has agreed that they will not take any action to enforce, or direct the enforcement of, Senate Bill 822 in any respect, including through participation in any private action seeking to enforce Senate Bill 822.  Defendants have agreed that this period of non-enforcement will run until 30 days after the later of: (1) the expiration of the stay, or (2) a decision has been rendered on any renewed motion for preliminary injunctive relief that Plaintiffs may file within 30 days after the expiration of the stay.  Defendants have further agreed to not take any future actions to enforce Senate Bill 822 based upon conduct occurring during the period in which Defendants have agreed to not enforce Senate Bill 822.See the Regulatory Mix dated 10/4/18.

The Court granted the request and further proceedings in this case will be stayed until the pending challenge of the FCC’s Restoring Internet Freedom Order in the D.C. Circuit or the United States Supreme Court is resolved. 

In response to this action,  FCC Chairman Ajit Pai issued the following statement about the matter: “I am pleased that California has agreed not to enforce its onerous Internet regulations. This substantial concession reflects the strength of the case made by the United States earlier this month. It also demonstrates, contrary to the claims of the law’s supporters, that there is no urgent problem that these regulations are needed to address. Indeed, California’s agreement not to enforce these regulations will allow Californians to continue to enjoy free-data plans that have proven to be popular among consumers.

“The Internet is inherently an interstate information service, as the Supreme Court has recognized, which means that only the federal government can set policy in this area. A patchwork of state laws only introduces uncertainty in the broadband marketplace that will slow investment and deployment of infrastructure and hurt consumers. I am confident that the FCC’s authority to preempt such state laws will be upheld, along with our proven market-based framework for protecting Internet openness, investment, and innovation nationwide.”

U.S. Copyright Office Issues DMCA Exception

The U.S. Copyright office has issued a final rule adopting exemptions to the statutory prohibition on circumvention of technological measures that control access to copyrighted works.  Publication of the final rule marks the completion of the seventh triennial rulemaking proceeding under 17 U.S.C. 1201.

As in prior section 1201 proceedings, the Copyright Office administered the rulemaking through an extensive public process.  For this seventh triennial proceeding, the Office implemented a new streamlining process enabling members of the public to seek renewal of existing exemptions to which there was no meaningful opposition.  The Acting Register ultimately recommended readoption of all exemptions granted in the 2015 rulemaking.

The Office then invited public input on proposed new or expanded exemptions through three rounds of written comments and seven days of public hearings in Washington, D.C., and Los Angeles.  As required by statute, the Office also consulted with the National Telecommunications and Information Administration of the Department of Commerce. 

Based on this record, the Acting Register recommended the granting of several additional exemptions, as discussed in her formal Recommendation to the Librarian.  The Librarian adopted the Acting Register’s Recommendation in full.

The final rule, the Acting Register’s Recommendation, the record materials in this proceeding, and general information about the section 1201 rulemaking process, are available on the Copyright Office website.

FTC Announces Agenda for Hearings on Competition and Consumer Protection

The Federal Trade Commission announced the agenda for the sixth session of its Hearings on Competition and Consumer Protection in the 21st Century initiative, with two and a half days of sessions on November 6–8, 2018, to be held at American University Washington College of Law in Washington, DC.  The hearings at American University will examine the role that data plays in competition and innovation, and also will consider the antitrust analysis of mergers and firm conduct where data is a key asset or product. See detailed agenda. 

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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.