[T]he state of Vermont agreed not to enforce a new net neutrality law while a case challenging the repeal of the federal internet regulations plays out.
The agreement came Friday in a lawsuit brought last October by a group of national telecom and cable organizations challenging state level efforts to safeguard net neutrality rules.
As part of the agreement, the case will be on hold until there is a resolution in a separate lawsuit currently before the U.S Court of Appeals for the D.C. Circuit seeking to restore the federal net neutrality regulations.
Vermont is one of 22 states and a collection of tech companies and organizations suing the Federal Communications Commission challenging the rollback of the internet rules.
Scott and Vermont lawmakers pushed back last year against the FCC’s repeal of the Obama-era internet rules with an executive order and a new law that would require service companies the state contracts with to abide by some net neutrality standards.
Critics of the repeal say eliminating the federal regulations would open the door to tiered Internet service that would give large corporations an unfair advantage and throttle access to sites run by small entities. State officials fear the change could harm Vermont businesses and consumers.
The cable and telecom associations, including New England Cable and Telecommunications Association, which represents Comcast and Charter Communications, sued the state over the executive order and state law, arguing the policies are unconstitutional and violate federal law.
In a filing in federal court in Burlington Friday, the telecom associations and the state agreed to pause the lawsuit and the state policies until the case against the FCC is resolved.
The associations and the state agreed in the filing that the pending case against the FCC will “significantly shape the scope and conduct of this action depending on whether the FCC Order is ultimately upheld or vacated in whole or in part.”
The case against Vermont had been scheduled for a hearing in April. Both the telecom groups and the state agreed to the stay because they “wish to avoid a waste of judicial and party resources.”
Under the agreement, the state will not enforce its new law and the order requiring state-contracted internet companies to abide by net neutrality standards until 30 days after the stay is lifted. The plaintiffs have agreed not to seek attorneys’ fees during the stay.
The agreement does not resolve the case challenging Vermont’s net neutrality policies.
A decision in the case against the FCC is expected in the next few months, following oral arguments in February.
The case against the FCC could potentially result in the restoration of the federal level net neutrality regulations.
California, in a separate court case, has agreed to halt the implementation of its state-level net neutrality law pending the resolution of the case against the FCC as well.
The Vermont attorney general’s office did not respond to a request for comment Sunday.
