WASHINGTON, D. C. – Attorney General Karl A. Racine has joined a broad bipartisan coalition of 35 state attorneys general in opposing an attempt to gut states’ ability to ensure consumers actually get the Internet speeds for which they are paying. The petition by cable and telecom industry groups to the Federal Communications Commission (FCC) seeks to stop states from enforcing their own false advertising laws related to Internet speeds.

In a comment submitted to the FCC late Friday, the attorneys general — led by New York Attorney General Eric Schneiderman and Texas Attorney General Ken Paxton — underscored the longstanding central role of state attorneys general in protecting broadband consumers. The attorneys general assert that the industry is seeking a ruling that exceeds the authority of the FCC, is procedurally improper, and would upend the longstanding dual federal-state regulation of deceptive practices in the telecommunications industry. This would leave consumers across the country without protection from unfair and deceptive business practices by Internet service providers.

“Regardless of party, state attorneys general have a responsibility to ensure that no business takes advantage of our residents, including Internet service providers,” said Attorney General Racine. “When it comes to states being able to protect consumers, there shouldn’t be an exception for the telecom industry—and we believe the FCC should not bow to industry pressure to create one.”

“As the chief law enforcement officers of our respective states, we understand the vital importance of protecting consumers against unfair and deceptive business practices—including those of broadband providers. Like others providing goods and services to consumers in our states, providers of broadband Internet service must be truthful in their advertisements. Broadband access is an essential aspect of our constituents’ work, life and play. The states’ traditional consumer protection powers must be left undisturbed to protect consumers from false and misleading claims by broadband providers regarding the provision of services that are an essential part of 21st century life throughout the United States,” the attorneys general wrote. The full comment to the FCC by the attorneys general is available here.

Broadband Industry Petition to FCC Asks for Blanket Immunity from State Advertising Laws
The industry’s petition was submitted on May 15, 2017 by two trade associations representing fixed and wireless broadband companies (US Telecom and NCTA – The Internet & Television Association). The petition seeks to enlist the FCC in improperly gutting state and federal requirements that bar deceptive advertising of Internet speeds; specifically, it asks the FCC to convert a limited “safe harbor” protection from FCC’s own enforcement reach into blanket federal and state immunity for broadband companies from liability for false statements contained in advertisements and marketing.

In their comment, the attorneys general detail several improper aspects of the industry petition, including that the FCC lacks the authority to displace longstanding state consumer protection enforcement. Just this April, in fact, a federal court in New York ruled that “Congress did not intend for the [Federal Communications Act] to be the exclusive remedy for redressing false advertising and consumer protection claims against common carriers.” (People of the State of New York v. Charter, et al., No. 17-cv-01428-CM, 2017 WL 1755958). The court further held that “there is no indication” that the “FCC intended to preempt state-law claims” involving Internet speeds.

The comment was filed by attorneys general from the following jurisdictions: Arkansas, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, New Mexico, New York, Nevada, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington state, West Virginia, and Wisconsin.