The Register Citizen (Torrington, CT)
Legislators pursue net neutrality law
Connecticut officials pursue internet safeguards after FCC decision
Some lawmakers and government officials want to require internet providers to make all content available to Connecticut users at the same speed, despite a repeal of net neutrality regulations by the FCC in December.
On Wednesday, Senate Majority Leader Bob Duff, D-Norwalk, proposed prohibiting Connecticut internet service providers from throttling consumer internet speeds, blocking certain websites or forcing some businesses to pay more to put their content on the same internet platform. The Public Utility Regulatory Authority would be charged with oversight.
“Discarding net neutrality rules represents a dangerous rollback of consumer protections,” Duff said.
Internet industry leaders said Wednesday, however, they have supported free, open access internet for years and it isn’t changing, even with the repeal of net neutrality regulations.
“Our members have made legally enforceable public pledges that we do not and will not block, throttle, or unfairly discriminate against lawful internet content,” said Tim Wilkerson, vice president of policy counsel for the New England Communications Telecommunications Association, which has many members who are Connecticut internet providers including Comcast.
NECTA would prefer Congress, not individual states, pass legislation to give internet providers and users clarity and consistency, he said.
“There should not be a state-by-state patchwork of differing laws and regulations, which would stifle the investment and innovation that has produced the incredible internet we have today,” Wilkerson said.
Still, several Democratic legislators said they are motivated to act on concerns that Connecticut small businesses and startups won’t be able to afford to compete with big corporations and special interest groups, and have their content seen online.
Senate Republican Leader Len Fasano, R-North Haven, said fostering competition is the reason repealing net neutrality is good for business.
“When you get government regulation out of the way, it spawns innovation,” he said. He questioned
whether Connecticut had legal authority to pass such a law, overruling the federal decision.
Democrats and net neutrality advocates acknowledged a court battle over net neutrality may be possible if Connecticut pursued legislation. The Federal Communications Commission’s official repeal of net neutrality preempts states and local jurisdictions from passing de facto net neutrality laws.
Gigi Sohn, a distinguished fellow at Georgetown Institute for Technology Law and Policy who helped write the federal net neutrality regulations which were passed in 2015, said the FCC has no basis to prevent states from regulating the internet in its absence. A court battle would be “no slam dunk, obviously,” she said, but “we have a very, very strong case in court.”
State Comptroller Kevin Lembo on Tuesday sent an open letter to Gov. Dannel P. Malloy urging him to issue an executive order to use the state’s market power to oppose the repeal of net neutrality.
“Currently, state government gives tens of millions of dollars per year to internet service providers,” Lembo wrote. “Those taxpayer dollars should only be granted to internet service providers that treat all online content equally, and withheld from any service provider that has paid prioritization agreements in place.”
Five other states have passed similar executive orders since December. Only Washington state has passed net neutrality legislation, although lawmakers in many states have introduced bills.
Malloy said in a statement Tuesday repealing net neutrality is “damaging to everyone who values access to a free and open internet.” He said he would give Lembo’s suggestion “thoughtful consideration.”
Since 2014, Connecticut has paid nearly $200 million to telecommunications companies for internet and telephone access, data services and network upgrades, according to the Office of the State Comptroller. In 2018, the state contracted Fiber Technologies Network LLC, Atlantic Broadband LLC, Cox Communications, Comcast and AT&T Corp for internet, among others. These companies would likely be subject to an executive order on net neutrality, if the governor chose to issue one.