American Cable Association et al v. Scott et al

Filing 1

COMPLAINT against Philip B. Scott, June E. Tierney, John J. Quinn, III, Susanne R. Young filed by American Cable Association, CTIA - The Wireless Association, New England Cable & Telecommunications Association, USTelecom - The Broadband Association, NCTA - The Internet & Television Association.Summonses issued. LR 73 Forms issued. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(law)

EXHIBIT 2

STATE OF VERMONT
EXECUTIVE DEPARTMENT
EXECUTIVE ORDER NO. 2-18
[Internet Neutrality in State Procurement]
WHEREAS, Vermonters rely on open and unrestricted access to the value and economic
opportunity the Internet offers; and
WHEREAS, Vermont's educational institutions require a free and open Internet to educate
students, promote social and intellectual growth, and to prepare them to succeed in the global
economy; and
WHEREAS, Vermont's school students rely on a free and open Internet to take full advantage of
the vast amount of information, services, and communications opportunities available through
online sources, and to develop into well-rounded citizens engaged in the world beyond their
geographic limits; and
WHEREAS, Vermont State employees use the Internet every day to serve citizens and conduct
the business of the State; and
WHEREAS, throttling or paid prioritization of Internet services could adversely impact these
institutions and the economic and social advancement of, and work for Vermonters; and
WHEREAS, many important and often critical government services are offered online to facilitate
easy and efficient access by Vermonters, and throttling or paid prioritization of Internet services
could limit Vermonters' ready access to these services and inhibit citizens, particularly those in
need, from accessing important government services; and
WHEREAS, the Federal Communications Commission (FCC) recently issued its order,
"Restoring Internet Freedom" which eliminated net neutrality principles; and
WHEREAS, this Administration bears the ongoing responsibility of ensuring the efficient
procurement of goods and services for State entities, and the principles of net neutrality are
inherently tied to the provision of reliable, high-quality broadband Internet service for the State.
NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority
vested in me as Governor, do hereby issue the following directive to all State Agencies, as follows:

I.

All State Agency contracts with Internet service providers shall include net neutrality
protections, and specifically state that Internet service providers shall not:
A. Block lawful content, applications, services, or nonharmful devices, subject to
reasonable network management that is disclosed to its customers;

B. Throttle, impair or degrade lawful Internet traffic on the basis of Internet content,

application, or service, or use of a nonharmful device, subject to reasonable network
management that is disclosed to its customers;
C. Engage in paid prioritization or providing preferential treatment of some Internet traffic

to any Internet customer;
D. Unreasonably interfere with or unreasonably disadvantage either:
1. A customer's ability to select, access, and use broadband Internet access service
or the lawful Internet content, applications, services, or devices of their choice;
or
11. An edge providers' ability to make lawful content, applications, services, or
devices available to a customer;
"State Agency" as used in this Executive Order shall include all State agencies,
departments, commissions, committees, authorities, divisions, boards or other
administrative units of the Executive Branch, including elected offices as well as those
having express statutory authority to enter into contracts (Agencies).
II.

As soon as practicable, but in no event later than April 1, 2018, the Agency of
Administration shall amend the State's Procurement and Contracting Procedures as
necessary and appropriate to comply with this directive.

III.

Waivers to these Procedures may be granted by the Secretary only upon receipt of a written
justification from a State Agency and a finding by the Secretary a waiver would serve a
legitimate and significant interest of the State. The Department of Public Service shall
resolve any dispute over the definition of terminology used in this Executive Order.

IV.

Each State Agency that procures telecommunications services shall cooperate with the
Agency of Administration and the Department of Buildings and General Services in
implementing this Executive Order. State Agencies must receive approval from the
Agency of Digital Services and the Secretary of Administration before procuring Internet
services, including cellular data and/or wireless broadband Internet services.

V.

The Department of Public Service, in consultation with the Secretary of ADS, shall
evaluate and advise the Governor on potential actions to promote net neutrality in order to
protect Vermonters' access to a free and open internet. This may include requiring Internet
service providers to provide notice to their customers regarding network and transport
management practices and performance and commercial terms of their broadband Internet
access services sufficient for (A) consumers to make informed choices regarding use of
such services and for content, application, service, and (B) device providers to develop,
market, and maintain Internet offerings.

VI.

Nothing in this Order shall be construed to supersede any federal law.

VII.

This Executive Order shall take effect upon signing.

WITNESS my name hereunto subscribed
and the Great Seal of the State of Vermont
hereunto affixed at Montpelier this _ day of
February,

By the Governor:

BrittneyrfWilson
Secretary of Civil and Military Affairs
EXECUTIVE ORDER 02-18

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