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 3

PHILIP B. SCOTT

••

,,

Governor

•

State of Vermont
OFFICE OF THE GOVERNOR

May 22, 2018

Vermont General Assembly
115 State Street
Montpelier, VT 05633
RE:

S. 289-An act relating to protecting consumers and promoting an open Internet
in Vermont

Dear Legislators:
Today, I signed S. 289. Thank you for your work on this legislation, which solidifies the State's
policy interest, as previously addressed in the Executive Order I issued in February, in preserving
and promoting a free and open internet in Vermont, while minimizing the risk of costly
litigation.
As you know, in January the Office of the Attorney General joined a coalition of states led by
New York to block the Federal Communications Commission's (FCC) rollback of net neutrality;
this case also challenges the provisions in the FCC's new rule which include sweeping
preemption of state and local laws. My Executive Order directed the Secretary of
Administration to amend, no later than April 1, 2018, the State's contracting procedures to
ensure net neutrality protections in contracts entered into by State government. The
Administration has implemented these new procedures and updated it contracting Bulletin 3.5.
S. 289 has an effective date of April 15, 2019 for implementation of the bill's provisions, which
provides time during the next Legislative session to determine whether continued State
involvement is needed. There may be additional action in Washington, D.C. or some positive
development in the context of the current multi-state proceeding. We may also have some
clarity on the nature and extent of federal preemption of state laws in this area and if necessary,
this legislation may have to be modified to mitigate the risk of expensive litigation. This bill
gives us the time we need to assess what additional options the State may have to ensure

109 STATE STREET • THE PAVILION

TELEPHONE: [phone]

• MONTPELIER, VT05609-0l01
•

FAX: [phone]

•

• WWW.VERMONT.GOV
TDD: 802.828.3345

Vermont General Assembly
May 22, 2018
Page Two

Vermonters can continue to rely on open and unrestricted access to the value and economic
opportunity the Internet offers.
Thank you again for your work on S. 289.
Sincerely,

PBS/kp
c:
The Honorable Mitzi Johnson, Speaker of the House
The Honorable Tim Ashe, President Pro Tempore
The Honorable David Zuckerman, Lt. Governor
The Honorable William MaGill, Clerk of the Vermont House of Representatives
The Honorable John Bloomer, Secretary of the Vermont Senate