By David Shepardson

WASHINGTON (Reuters] -The U.S. Court of Appeals affirmed California’s net neutrality law on Friday, stating that a Federal Communications Commission decision in 2017 to reverse federal internet protections cannot be ruled out by state action.

In February 2021 the Justice Department retracted its legal challenge against California’s state net-neutrality law. It is designed to protect the open web.

A challenge by telecom companies and other broad industries was rejected by the 9th Circuit Court of Appeals. The court ruled that the FCC reclassified Internet services as less heavily regulated information services, meaning that the commission no longer “has the authority to regulate the same way it did when they were classified as telecommunications service.”

California’s new 2018 law forbids internet service providers to block or throttle traffic or offer paid fast lanes. However, it was only in effect since last year.

In 2015, net neutrality was adopted by the FCC, which was headed by former President Barack Obama. They were repealed by President Donald Trump’s FCC in 2017. California’s Legislature responded to this by passing a new state law in August 2018 that requires net neutrality.

Shortly after President Joe Biden took office as a Democrat in the United States, the Justice Department reversed its decision.

Net neutrality supporters argue that net protections are necessary to ensure an open and free internet. The pre-internet era legal framework was not applicable to telecoms trading groups. They also claim they are discouraged investment.

California has agreed not to enforce law while proceedings are ongoing.

Jessica Rosenworcel FCC Chair said Friday that it was good news and suggested the government should “once again make it law of the land.”

The FCC is still divided at 2-2. Democrats are unable to initiate proceedings to restore net neutrality. Next week, a Senate committee will vote on the nomination of Gigi Sohn as Democratic FCC Commissioner.

John Bergmayer from Public Knowledge was the Legal Director. He said it was a significant victory for Internet users both in California and nationally.