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Montana To FCC: You Can't Stop Us From Protecting Net Neutrality (arstechnica.com)
An anonymous reader quotes a report from Ars Technica: The Montana governor's office has a message for the Federal Communications Commission and Internet service providers: the state can't be stopped from protecting net neutrality, and ISPs that don't like it don't have to do business with state agencies. Governor Steve Bullock signed an executive order to protect net neutrality on Monday. But with questions raised about whether Bullock is exceeding his authority, the governor's legal office prepared a fact sheet that it's distributing to anyone curious about potential legal challenges to the executive order. ISPs are free to violate net neutrality if they only serve non-government customers -- they just can't do so and expect to receive state contracts. "Companies that don't like it don't have to do business with the State -- nothing stops ISPs from selling dumpy Internet plans in Montana if they insist," the fact sheet says.
The FCC's repeal of net neutrality rules attempts to preempt states and localities from issuing their own similar rules. But Bullock's executive order doesn't directly require ISPs to follow net neutrality rules. Instead, ISPs that accept contracts to provide Internet service to any state agency must agree to abide by net neutrality principles throughout the state. Bullock's fact sheet is titled, "Why Isn't Montana's Executive Order Preempted?" and it offers numerous answers to that question. "Through the order, the State of Montana acts as a consumer -- not a regulator," the fact sheet says. "Because there's no mandate, and no new regulations, there's certainly no federal preemption. Companies that don't like Montana's proposed contract terms don't have to do business with the State."
The FCC's repeal of net neutrality rules attempts to preempt states and localities from issuing their own similar rules. But Bullock's executive order doesn't directly require ISPs to follow net neutrality rules. Instead, ISPs that accept contracts to provide Internet service to any state agency must agree to abide by net neutrality principles throughout the state. Bullock's fact sheet is titled, "Why Isn't Montana's Executive Order Preempted?" and it offers numerous answers to that question. "Through the order, the State of Montana acts as a consumer -- not a regulator," the fact sheet says. "Because there's no mandate, and no new regulations, there's certainly no federal preemption. Companies that don't like Montana's proposed contract terms don't have to do business with the State."
Or just the state government passing rules that make it illegal for city governments to grant monopoly rights to an ISP. That's essentially the source of the problem. You can't expect a market and therefor choices to exist when it's been explicitly prohibited by law, and no one is really interested in starting their own black market internet over the whole deal.