Oregon Pushes Ahead Implementing Net Neutrality Law; Vermont Seeks to Dismiss Suit
The Oregon Public Utility Commission voted 2-0 Thursday for an order to implement information disclosure rules for broadband internet access service providers as required by the Oregon net neutrality law restricting procurement to ISPs that don’t follow open-internet rules. Commissioners…
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rejected calls by industry not to proceed (see 1811070037), and CenturyLink’s recommendations to clarify that obligations don’t exceed the FCC’s now-moot 2015 rules and to re-emphasize carriers’ obligation to protect customer proprietary network information. “We have the authority and the responsibility to fulfill the legislative mandate to craft rules to advance and complete the express legislative policy,” said Chair Megan Decker in the livestreamed meeting. Supporting the order in AR-618, Commissioner Stephen Bloom said he doesn’t believe the PUC has authority to “restrict remedies available” for violations of the state law. “Every email, application and video should not be subject to multiple state jurisdictions," a CenturyLink spokesperson said. "Internet traffic is inherently interstate in nature and thus best handled at the federal level.” Earlier this week, Vermont Gov. Phil Scott (R) urged the U.S. District Court in Burlington to dismiss cable and telecom industry groups’ challenge of the state’s net neutrality law and executive order, both of which restricted government contracts to companies that follow open-internet principles (see 1810180045). Scott sought a stay while the motion to dismiss is pending, and while review of the FCC Restoring Internet Freedom order is pending in the U.S. Court of Appeals for the District of Columbia Circuit. “Plaintiffs lack standing because they have not alleged that an identified member of any Plaintiff “ha[s] suffered or [will] suffer harm” caused by the challenged contracting requirements,” he wrote. “Plaintiffs do not allege that any of their members have ever done anything in Vermont inconsistent with net neutrality or been prevented from doing anything inconsistent with net neutrality by State contracting requirements.” NCTA, USTelecom and other industry plaintiffs didn’t comment.