California Passes Net Neutrality Bill; Lawsuit Expected

one didn’t vote. Companion SB-460 to restrict state procurement with ISPs that don’t follow open-internet rules died in the Assembly 28-37. Democrats recorded all the yes votes, but 13 said no and 14 didn’t vote. There were 24 GOP no votes; one Republican didn’t vote. Former FCC Chairman Tom Wheeler cheered SB-822 passage in a tweet. In a livestreamed news conference, Sen. Scott Wiener (D) said he worked with Attorney General Xavier Becerra (D) to ensure his bill is defensible. The AG was “very conscious of the fact that we are going to get sued,” since ISPs said from beginning they would challenge such law, Wiener said. “When you're in government, you get sued.” USTelecom CEO Jonathan Spalter, who earlier threatened to challenge state open-internet efforts (see 1803260024), Friday evening urged Gov. Jerry Brown (D) to veto the bill and Congress to make national rules. A trade association or small ISP is likely to be the primary challenger, with the FCC likely to weigh in once the suit is filed, said American Legislative Exchange Council Communications and Technology Task Force Director Jonathon Hauenschild. Challengers may want to take on several different state laws at about the same time, and the California bill taking effect -- this January if Brown signs -- could be the “tipping point” for action, he emailed Tuesday. “This way, the courts hear both the similarities in the bills and the differences and render a more complete verdict.” SB-460 failing wasn’t a big deal, said Electronic Frontier Foundation Legislative Counsel Ernesto Falcon. “The problem had nothing to do with telecom policy and more with internal political issues within the Democratic caucus,” he emailed. “They made their mark with 822." Also Friday, a privacy bill passed (see 1809040053).