Supremacy Clause. The Federal Communications Act of 1934 grants the right to govern all interstate telecommunications to the Federal Communications Commission (FCC) and the right to regulate all intrastate telecommunications to the states. The federal Telephone Consumer Protection Act of 1991, the Junk Fax Protection Act of 2005, and FCC rules permit a party to send unsolicited fax ads to recipients with whom they have an

“established business relationship” if those ads include an “optout”

alternative. Section 17538.43 of California’s Business and Professions Code (known as “SB 833”) was enacted in 2005 to provide the citizens of California with greater protection than that afforded under federal law. SB 833 omits the “established business relationship” exception and requires a sender to obtain a recipient’s express consent (or “opt-in”) before faxing an ad to that party. The rule applies whether the sender is located in California or outside that state. The Chamber of Commerce of the United States fi led a suit against Bill Lockyer, California’s state attorney general, seeking to block the enforcement of SB 833. What principles support the plaintiff’s position? How should the court resolve the issue? Explain. [Chamber of Commerce of the United States. v. Lockyer, 463 F.3d 1076 (9th Cir.

2006)]