NY AG Says FCC Net Neutrality Draft Doesn't Support Charter in Internet Speeds Case

broadband speeds (see 1707310025), the AG's office said in a Tuesday letter in case 450318-2017. The AG office responded to Charter’s Monday letter to Justice Peter Sherwood about the draft order that pre-empts state and local broadband regulation (see 1711210020). Even though the draft order isn’t final, Charter said it planned to have made the argument at a Tuesday hearing because “the FCC’s proposed holdings regarding federal preemption nevertheless are instructive.” The court shouldn’t allow the argument, the AG office said. “Defendants’ Letter violates Commercial Division Rule 182 because the Draft Rule is not a court decision and Defendants’ Letter contains additional argument.” Draft rules don’t specifically address the transparency rule, it said. The draft "repeatedly and emphatically stresses the continued availability of traditional state remedies and consumer protections," it said. Charter omitted language saying states retain their traditional role enforcing violations of state laws, it said. The draft proposes to "abolish outright the broadband nutritional label and its corresponding 'safe harbor,' … the same safe harbor allowed by the FCC would be impermissibly undermined if Defendants were also required to comply with State law,” it said. New York AG Eric Schneiderman separately has slammed the net neutrality draft (see 1711270042 and 1711210041).