SB 822 Would Secure Net Neutrality for California | Center for Internet and Society: "Some state-level attempts to legislate have just copied the text of the FCC's 2015 net neutrality rules. But that's not sufficient. Some important protections were fleshed out in the text of the order. Senator Wiener's bill explicitly codifies these protections as well.
The bill is on firm legal ground.
While the FCC's 2017 Order explicitly bans states from adopting their own net neutrality laws, that preemption is invalid. According to case law, an agency that does not have the power to regulate does not have the power to preempt. That means the FCC can only prevent the states from adopting net neutrality protections if the FCC has authority to adopt net neutrality protections itself.
But by re-classifying ISPs as information services under Title I of the Communications Act and re-interpreting Section 706 of the Telecommunications Act as a mission statement rather than an independent grant of authority, the FCC has deliberately removed all of its sources of authority that would allow it to adopt net neutrality protections. The FCC's Order is explicit on this point." 'via Blog this'