Vermont Net Neutrality Laws Challenged by Broadband Lobby

The ongoing battle over net neutrality rages on. On Friday, lobby groups such as NCTA, CTIA, the American Cable Association and more filed suit against the state of Vermont. Their suit deals with Vermont net neutrality laws that force ISPs to follow net neutrality guidelines in order to get government contracts.

Vermont Net Neutrality in the Crosshairs

The lobbying groups filing suit in Vermont represent almost every major broadband company. AT&T, Verizon, T-Mobile US, Sprint, Comcast, Charter, Cox, Frontier, and CenturyLink are among the groups represented. These groups were vocal supporters of Ajit Pai’s moves to have the FCC repeal net neutrality protections.

The Vermont laws are somewhat narrow. As it stands, they only stipulate that government-owned buildings can only get Internet service from ISPs who follow net neutrality guidelines. However, the broadband companies are saying this is illegal, as they feel that the FCC’s ruling should preempt state laws.

The Lawsuit

The suit itself reads as a very antagonistic and surprisingly aggressive takedown on the part of the broadband companies.

“Vermont’s attempts to revive and, indeed, expand a repealed regulatory regime are plainly preempted by federal law […] Under the Supremacy Clause of the United States Constitution, state measures that contravene validly adopted federal laws and policy determinations, including those contained in FCC orders, are preempted and have no force or effect.”

Legal commentators have mentioned how similar this case is to one in California. California’s state net neutrality laws, however, don’t have a terribly good chance of standing up in court. California’s laws almost directly contradict the FCC’s ruling, which is a clear violation of the supremacy clause. Vermont’s law, however, has a much better chance of sticking around.

Why This Matters

This case could provide a road map for other states that wish to exert net neutrality protections on ISPs. States have a great deal of control over how they award government contracts. Such contracts are highly lucrative and could cause ISPs to actually change their practices.

If Vermont wins this case, it could prove an invaluable tool in the ongoing fight for a fair and open internet.