States call on FCC to reject cable lobby’s petition on slow broadband investigations

A bipartisan group of attorneys general from 35 states is urging the Federal Communications Commission (FCC) to reject a petition from the cable and broadband industry asking the agency to take away state authority to investigate claims of false advertising over broadband speeds.

“The Petition represents nothing more than the industry’s effort to shield itself from state law enforcement,” the group wrote in a document to the FCC.

{mosads}The item in question is being pushed by two trade associations who lobby on behalf of cable and broadband companies: the NCTA — The Internet & Television Association — and USTelecom. Their petition seeks a declaratory ruling that would help insulate broadband companies from investigations from state governments looking into broadband companies potentially misleading their customers over internet speeds. 

The telecom industry defended their position, arguing that they would rather see the FCC institute a consistent, national standard.

“Consumers deserve clear, consistent information about the speed of their broadband service, which is why the petition suggests the FCC institute a uniform national measurement standard,” said a USTelecom spokesperson.

In the past, companies like Verizon and Comcast have been investigated for misleading claims regarding the internet speeds they provide. States, like New York, have taken up investigations on this in an attempt to curb the alleged practice.

“As the U.S. Supreme Court ruled, a federal agency may pre-empt state law only when and if it’s acting within the scope of its congressionally delegated authority,” Texas Attorney General Ken Paxton said. 

“The states’ consumer protection powers must be left intact to protect customers from providers who make false claims about broadband speed.”

This story was updated at 5:12 p.m.