Wave of State Net Neutrality Bills Comes to Virginia, Vermont

A Virginia Senate Democrat introduced a net neutrality bill Friday that would create state rules banning broadband ISPs from blocking content, degrading traffic, engaging in paid prioritization or interfering with customer access or edge provider provision of content applications, services or devices. Like bills in many other states, SB-948 by Sen. Jennifer Wexton (D) counters the FCC's December decision to rescind Communications Act Title II protections (see 1801190025). Also, Vermont House Democrats introduced HB-680, which in addition to net neutrality rules includes extensive language doubting FCC pre-emption authority. "It is not clear that the FCC has such preemption authority under Title I or other provisions of the Communications Act," it said. "After all, if the FCC cannot enforce its own net neutrality standards using its Title I authority, as was held in Verizon v. FCC, 740 F.3d 623 (2014), then it stands to reason that it is similarly constrained from preempting state net neutrality standards." By returning authority to the FTC, the FCC divested itself of authority to pre-empt state consumer protection rules, the bill said.