Charter to Seek Dismissal of NY AG Lawsuit
Charter asked to file a motion to dismiss the New York attorney general’s complaint alleging it deliberately misled customers about internet speeds. The company asked to file the motion in a letter Wednesday to the New York Supreme Court, and…
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sought a premotion phone conference in a separate letter. The motion will argue federal law pre-empts the AG’s claims, and the complaint failed to state a valid claim. The AG allegations "impermissibly interfere" with FCC regulations under the Communications Act on how broadband providers describe network performance, Charter said. The 2015 net neutrality order said broadband providers must disclose actual speeds in terms of average performance over a reasonable period and during times of peak usage, it said. The FCC oversees a speed-measurement program that gives companies a "safe harbor" for complying with consumer disclosure requirements, Charter said. “The Attorney General ignores this federal regime. ... Instead of assessing performance based on federally approved standards, the Attorney General’s allegations of deception rely entirely on alternative, unofficial measures of broadband speed that diverge from the FCC’s methodology.” The AG lacks authority to regulate broadband internet access because it's interstate, Charter said. The case briefly moved to a U.S. District Court at the ISP's request but last month, a federal judge returned the case to the state court.