NY Suit Against Charter, Net Neutrality Order Don't Conflict, Says State AG

New York protested Charter Communications repeating arguments that the FCC December net neutrality order supports the cable company’s defense against the state’s broadband speed transparency lawsuit. Last week at the New York Supreme Court in case 450318-2017E, Charter said the FCC decision supported its case that federal law pre-empts state attorney general allegations that its acquired Time Warner Cable deceived customers about broadband speeds (see 1801090053). “This is the third time Defendants have attempted to supplement their briefing post-submission,” the attorney general's office said. Charter's words gave “a selective and misleading reading of the FCC’s Restoring Internet Freedom [RIF] Order and repeatedly mischaracterize” allegations, the state AG said. “This litigation does not conflict with any federal methodology, but is simply an exercise of traditional state police power that holds Defendants accountable for failing to achieve the standards for internet performance that they promised to New Yorkers through their pervasive marketing campaigns.” The company also argued last week that the RIF order supported its 8th U.S. Circuit Court of Appeals case that the Minnesota Public Utilities Commission can’t regulate interconnected VoIP (see 1801110022).