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Industry Appellants Seek Summary Judgment on Vermont Net Neutrality Law

Cable and telecom groups sought summary judgment last week in their appeal of Vermont’s net neutrality law and executive order restricting government contracts to companies that follow open-internet principles (see 1812270046). USTelecom, CTIA, NCTA, the American Cable Association and New…

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England Cable and Telecommunications Association asked (in Pacer) U.S. District Court in Burlington to rule “on its first claim for relief seeking a declaratory judgment that the Executive Order and S. 289 are unconstitutional and preempted and a permanent injunction preventing their enforcement.” Industry groups opposed the state’s motion to dismiss as “an unwarranted attempt to forestall the Court’s review of two plainly unconstitutional measures," they responded (in Pacer), "that are preempted by federal law and that violate the dormant Commerce Clause.” Imposing the FCC-repealed internet conduct standard “imposes significant harms on ISPs” by regulatory uncertainty, they said.