Comcast asks the FCC to prohibit states from enforcing net neutrality

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But Comcast also wants the FCC to go further by making a declaration that states cannot impose their own regulations on broadband. The filing said:

We also emphasized that the Commission's order in this proceeding should include a clear, affirmative ruling that expressly confirms the primacy of federal law with respect to BIAS [Broadband Internet Access Service] as an interstate information service, and that preempts state and local efforts to regulate BIAS either directly or indirectly. Despite calling for the FCC to abandon the legal authority it uses to enforce net neutrality rules, Comcast said it supports "a free and open Internet" and "legally enforceable net neutrality protections."

Comcast told Pai's staff that the FCC could adopt net neutrality rules using its other authority—but the FCC tried that in 2010, and this previous attempt at enforcing net neutrality rules was struck down in court. Alternatively, Comcast said the FCC could decide not to impose its own rules and simply rely on the Federal Trade Commission "to ensure that ISPs' public commitments to core open Internet protections are honored." Such a move would essentially set up a "voluntary" net neutrality system in which ISPs would face no rules and would choose whether to make net neutrality commitments.

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