Industry trade groups representing broadband providers filed a joint lawsuit on Thursday that seeks to nullify a Vermont law requiring internet companies who obtain state contracts to abide by net neutrality rules.
The American Cable Association, CTIA, USTelecom, and NCTA are challenging the State of Vermont’s Internet Bill, passed earlier this year, and an executive order signed in February by Vermont governor Phil Scott, mandating state agencies only use internet provides that promise to not engage in throttling, blocking, or paid prioritization of network services.
Last year, the FCC voted to reclassify ISPs as non-common carriers, rolling back Title II-based regulations, also known as net neutrality rules, which were put in place in 2015. Included in the order was language that allows the FCC to preempt local or state efforts to create their own net neutrality laws.
In the complaint filed with a federal court, the groups contend that Vermont’s legislation is unconstitutional, as the FCC’s decision last December prohibits states from imposing such rules, and for the reason that internet traffic is an interstate service.
“Vermont’s attempts to revive and, indeed, expand a repealed regulatory regime are plainly preempted by federal law,” the suit states.
“Broadband providers are united in support of an open Internet and committed to delivering the content and services consumers demand. We oppose the actions in Vermont because states cannot use their spending and procurement authority to bypass federal laws they do not like,” the industry groups said in a joint statement. “A 50-state patchwork approach threatens service for customers, hampers innovation and dampens investment in local communities, which is why Congress should adopt a permanent, enforceable, national framework to safeguard an open Internet for all Americans.”
The same industry groups filed a similar suit against California earlier this month seeking to block a tough net neutrality law enacted by the state in September. The U.S. Department of Justice also filed a lawsuit, asserting California’s law creates burdensome requirements that are bad for consumers and don’t align with the federal government’s way of deregulating the internet.
“Once again the California Legislature has enacted an extreme and illegal state law attempting to frustrate federal policy,” U.S. Attorney General Jeff Sessions said in a statement.