Maryland Attorney General Warns On 'Network Neutrality' Bill

MD ATTORNEY GENERAL WARNS ON 'NETWORK NEUTRALITY' BILL
[SOURCE: Technology Daily, AUTHOR: Michael Martinez]
Legislation in Maryland aimed at keeping Internet operators from prioritizing high-speed traffic may raise significant constitutional issues, according to the state's top law enforcer. In a letter to Maryland Delegate Mary Ann Love, state Attorney General Douglas Gansler said that a network neutrality proposal introduced earlier this month could violate the Commerce Clause of the U.S. Constitution if it is read as a regulatory measure. Delegate Love contacted AG Gansler seeking advice on a bill, H.B. 1069, authored by state Delegate Herman Taylor that would require broadband providers to submit regular reports to the state's Public Utilities Commission on the price and accessibility of their services. The measure is designed to ensure that network operators do not charge content providers premium rates for high-speed access. FCC regulations and statements "have not expressly pre-empted state regulations of broadband providers," Gansler wrote. He added, "However, it seems likely that the FCC would conclude that imposition of common-carrier-like requirements such as those in the first portion of [H.B. 1069] would stand as full purposes and objections of the FCC, arguably those of Congress as well."
http://www.njtelecomupdate.com/lenya/telco/live/tb-ECCT1173211355989.html