MONTPELIER, Vt. (AP) - Five cable industry organizations sued the state of Vermont to block a new law and executive order that prevents state agencies from doing business with internet providers that favor certain content or websites over others.
In the lawsuit filed Thursday in U.S. District Court in Burlington, the organizations led by the American Cable Association argue that Vermont’s law and order violate federal laws that govern interstate communications and commerce.
“As the (Federal Communications Commission) has repeatedly recognized, internet traffic flows freely between states, making it difficult or impossible for a provider to distinguish traffic moving within Vermont from traffic that crosses state borders,” the lawsuit said.
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Even before the lawsuit was filed Thursday, Vermont Gov. Phil Scott, a Republican, said he was committed to working with the attorney general to protect Vermont’s decision to work only with providers committed to net neutrality.
“While I understand consistent regulation is important to ensuring a vibrant and thriving telecom and cable sector, our obligation as a state government is to our citizens, who I strongly believe have a right to free and open access to information on the internet,” Scott said in a statement issued by his office.
In a separate statement issued Friday, Vermont Attorney T.J. Donovan, a Democrat, said the complaint by the cable groups was “without merit.”
“While we hear a lot about free markets and support for the principles of net neutrality, this industry action seeks to infringe on the state’s right to contract with like-minded providers,” he said. “Make no mistake: We will continue to stand up for fairness and common sense on the issue of net neutrality.”
Last January, Vermont was one of 21 states and the District of Columbia that sued to prevent the repeal of net neutrality. The FCC’s Restoring Internet Freedom Order, repealing net neutrality protections took effect in June.
The lawsuit against Vermont’s law and the order comes after the U.S. Justice Department sued to block implementation of a California law, set to take effect Jan. 1, protecting net neutrality that has been described as the toughest in the nation. The Justice Department argues only the federal government can regulate the internet.
It also says many internet providers have public commitments to preserve internet openness and such commitments can be enforced by the Federal Trade Commission and state attorneys general through state unfair and deceptive practices laws.
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