California agrees not to enforce its net neutrality law as Justice Department puts its lawsuit on hold

The state of California has struck a temporary agreement with the Justice Department not to move forward with a federal lawsuit challenging the state’s new net neutrality law, delaying a pivotal legal battle over the future of the Internet. The Justice Department will postpone its litigation against California until a separate case directly involving the Federal Communications Commission runs its course, according to court filings. The agreement must be approved by a judge. As part of the deal, California officials have agreed not to enforce their new rules on broadband providers when the state law — viewed by many as the nation’s toughest — officially takes effect on Jan. 1.

The core question of whether the FCC can preempt state net neutrality laws is expected to be decided by the US Court of Appeals for the District of Columbia Circuit. In that case, 22 state attorneys general and other parties sued the FCC to overturn its net neutrality repeal and preemption of state laws. Oral arguments are scheduled for February 1, 2019.