'Mozilla' Meaning Divides Witnesses at Connecticut Net Neutrality Hearing
The telecom industry disagreed with Connecticut consumer advocates about whether the U.S. Court of Appeals for the District of Columbia Circuit invited state net neutrality rules through its Mozilla decision. Connecticut’s Joint Energy and Technology Committee held a Thursday hearing…
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on SB-5, a hybrid net neutrality/ISP privacy measure that would reverse repeals of past FCC orders on those topics. The court didn’t "free the states” to make rules, said AT&T in written testimony. “While the DC Circuit vacated the express preemption provisions in the 2018 Order, the Court stressed that its decision did not preclude the FCC from relying on established principles of conflict preemption or any other implied preemption doctrine to invalidate state laws that actually undermine that order.” USTelecom Vice President-Strategic Initiatives Mike Saperstein urged at “minimum” to “delay further consideration of this legislation until courts resolve the pending challenges to state open internet laws.” USTelecom is part of ISP lawsuits in Vermont and California, plus another against a Maine ISP privacy law. American Civil Liberties Union-Connecticut policy counsel Kelly McConney Moore wrote that state regulation is “clearly permissible” post-Mozilla. Pua Ford of Connecticut League of Women Voters agreed: “Connecticut may now confidently follow Washington, Oregon, California, and other states in drawing up its own regulations.” Industry said a national policy would be best. Consumer advocates said that’s not likely soon. “States enacting protections against the worst overreaching of the FCC order will help to make it more likely that the FCC and telecommunications companies come to the table with the states and other stakeholders to work together to find a more balanced compromise,” wrote acting Connecticut Consumer Counsel Richard Sobolewski. Maryland lawmakers heard similar testimony Wednesday (see 2002260057).