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Maryland Attorney General: State Net Neutrality Bill Could Present Constitutional Problems

March 6, 2007

Maryland attorney general Douglas Gansler believes that a net neutrality proposal now under consideration in the Maryland General Assembly could violate the Commerce Clause of the U.S. Constitution.

Gansler expressed this view in a letter to Maryland Delegate Mary Anne Love.

Rep. Love had contacted Gansler for his opinion on H.B. 1069. Introduced by fellow Delegate Herman Taylor, the measure would compel broadband providers to file regular reports to the Maryland Public Utilities Commission on the price and accessibility of  the services they offer

FCC regulations and statements "have not expressly pre-empted state regulations of broadband providers," Gansler wrote. "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."

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