Press Release  AG Healey Files Brief in Net Neutrality Lawsuit

Boston — Attorney General Maura Healey joined a coalition of 23 state attorneys general in filing a brief in the lawsuit to block the Federal Communications Commission’s (FCC) illegal rollback of net neutrality, urging the U.S. Court of Appeals for the D.C. Circuit to vacate and reverse the FCC’s order.

“The FCC’s repeal of net neutrality is illegal, reckless, and harms consumers, small businesses, and governments alike,” said AG Healey. “This bipartisan coalition of state attorneys general represents the interests of more than half of the country’s population and demonstrates the overwhelming need to stop the FCC from unnecessarily dismantling regulations that ensure Americans have easy and affordable access to the internet.”   

The brief challenges the FCC’s decision on two critical issues. First, the FCC’s order is arbitrary and capricious because it relies on industry promises to not engage in harmful practices, disregards past abusive practices by broadband providers, ignores FCC practices that allowed an open internet to flourish, and fails to consider public safety. Second, the FCC unlawfully claims to preempt state and local regulation of broadband service.

“For more than fifteen years, the Federal Communications Commission has agreed that an open Internet free from blocking, throttling, or other interference by service providers is critical to ensure that all Americans have access to the advanced telecommunications services that have become essential for daily life. The recent Order represents a dramatic and unjustified departure from this long-standing commitment,” the brief states.

In January, AG Healey joined a lawsuit over the FCC’s illegal rollback of critical consumer protections assuring open access to the internet, arguing consumers should continue to enjoy open access to the internet and have equal access to all content providers. AG Healey stated that without these rules, Internet Service Providers (ISP) will be free to favor their own content over third-party sites, and consumers will lose internet freedom to visit and obtain content from any site of the consumer’s choice without interference.

The coalition filing today’s brief is led by New York Attorney General Barbara Underwood and includes attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Mexico, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

The attorneys general partnered with other government petitioners – the County of Santa Clara, Santa Clara County Central Fire Protection District, and the California Public Utilities Commission – in this brief.

This matter is being handled by Assistant Attorney General Jared Rinehimer of AG Healey’s Consumer Protection Division and Assistant Attorney General Tim Reppucci of AG Healey’s Energy and Telecommunications Division.

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