Montana to FCC: You Can't Stop us From Protecting Net Neutrality As we recently noted, Montana is just one of nearly a dozen states considering their own net neutrality protections in the wake of the FCC's attack on the rules. While some states are exploring their own net neutrality legislation, other states, like Montana, are changing their state procurement standards to block net-neutrality violating ISPs from winning state contracts. Given the FCC's net neutrality repeal tries and blocks states from protecting consumers, these decisions are certain to see legal challenges from both Ajit Pai's FCC and his industry BFFs at Verizon and AT&T.

But in a since released fact sheet , Montana Governor Steve Bullock argues the state is well within its rights to protect net neutrality. The fact sheet argues that the way the Governor's executive order is framed makes it immune from FCC attempts to block states from protecting consumers from incumbent ISPs like AT&T, Verizon and Comcast. "Through the order, the State of Montana acts as a consumer--not a regulator," the fact sheet argues. "Because there's no mandate, and no new regulations, there's certainly no federal preemption. Companies that don't like Montana's proposed contract terms don't have to do business with the State." Bullock also tries to argue that incumbent ISPs are "trying to have it both ways" with their justifications for repeal. "During the previous administration, ISPs argued that the FCC lacked the power under Title II to preempt certain state laws that ISPs favored. Now, under Title I, ISPs are claiming broad, preemptive authority by the FCC. Both can't be true." As such, expect numerous legal battles between states and the FCC at the same time the FCC attempts to fend off numerous lawsuits filed by consumer groups and smaller companies harmed by its handout to the telecom sector. As such, expect numerous legal battles between states and the FCC at the same time the FCC attempts to fend off numerous lawsuits filed by consumer groups and smaller companies harmed by its handout to the telecom sector.







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Most recommended from 24 comments



n2jtx

join:2001-01-13

Glen Head, NY 9 recommendations n2jtx Member Which is it? As the article notes, the ISP's are trying to have it both ways and barring any new federal legislation (which might very well happen), something is going to give. If the FCC is within its rights to regulate states behavior with regards to the Internet, then states with ISP protectionist laws will eventually see them shot down by a future consumer friendly FCC. If the FCC does not have the power, as the current federal court ruling against the FCC stands now, then the FCC's prohibition against the states on their own rules is going nowhere. That is unless the ISP's manage to funnel huge amounts of cash to the judiciary under the table to buy a diffferent ruling. Ostracus

join:2011-09-05

Henderson, KY 3 recommendations Ostracus Member Said...with feeling. quote: Montana to FCC: You Can't Stop us From Protecting Net Neutrality We need a "neinner neinner" tag, every time we see something like this, as childish as it may be, someone's silently think this while saying that. We need a "neinner neinner" tag, every time we see something like this, as childish as it may be, someone's silently think this while saying that.