State Democratic Trifectas May Ease Path for More Net Neutrality Action

"It is a big boost to restoring net neutrality in New York because the Republican Senate has blocked consideration," said re-elected Sen. Brad Hoylman (D) in an interview. Hoylman plans to reintroduce his bill proposing comprehensive rules like the California law when the 2019 session begins, he said. "I'm hopeful that we can have hearings and move on a bill beginning in January." Passing a bill will require more education among colleagues, coordination with consumer advocates and First Amendment experts and working with the yet-to-be-named chairman of the committee of jurisdiction, Hoylman said. "We're going to be hitting the ground running in January."

Net neutrality bills couldn’t move this year in New York because of Republicans controlling the Senate, said Public Utility Law Project Executive Director Richard Berkley in an interview. Several new state senators are progressive Democrats, increasing chances of passing a net neutrality bill, he said. The main challenge should be getting lawmakers to agree on the best approach, whether codifying the procurement executive order by re-elected Gov. Andrew Cuomo (D) or more comprehensive rules, Berkley said.

Illinois voters elected Democratic net neutrality supporter J.B. Pritzker governor, over GOP incumbent Bruce Rauner. It appeared Democrats would maintain control of both legislative houses, a trifecta there. Pritzker, a venture capitalist, plans to restrict state procurement to ISPs that honor net neutrality principles. Six governors took that approach in 2018 executive orders.

Democrats took control of Connecticut's Senate and that party's Ned Lamont won the governor’s race. Connecticut lawmakers failed to move a net neutrality bill this year with the Senate split and Dannel Malloy (D) as governor. Lamont worked early in his career for Cablevision and later founded Lamont Digital Systems, which provided cable TV to colleges as Campus Televideo before that division was sold in 2015.

A Maine ISP privacy measure could have a better chance in 2019 after failing narrowly last year in Senate (see 1804180047) because Democrats got a trifecta by flipping the Senate and electing Janet Mills (D) governor. Mills took the open seat left by Paul LePage (R). About 81 percent of New Hampshire voters approved a constitutional amendment giving individuals “a right to live free from governmental intrusion in private or personal information.”

Expect newly elected New York Attorney General Letitia James (D) to expand pro-consumer litigation with much focus on the internet, Berkley said. James should continue the New York-led state AG lawsuit against the FCC net neutrality order, plus New York’s suit against Charter Communications over internet speeds (see 1809250023), he said.

Colorado

Former White House adviser Weiser supports Colorado legislation to provide open-internet protections, has said he would join other Democratic state AGs’ net neutrality suit against the FCC, and supports eliminating Colorado’s ban on municipal broadband (see 1804160032). The deputy assistant AG and senior adviser for technology and innovation for President Barack Obama didn’t comment Wednesday.

Weiser will be the first Colorado AG in a while who gets broadband issues, said local government attorney Ken Fellman, who canvassed, wrote checks and hosted fundraisers for the campaign: “He's very familiar with the state's broadband programs," which have been lacking, and will "fight for more deployment.” Weiser seems focused on broadband and is probably more knowledgeable on telecom than previous Colorado AGs, agreed Colorado Municipal League Executive Director Sam Mamet.

Colorado’s ban on municipal broadband could get another look after Democrats flipped the state Senate and maintained control of the House and governor’s mansion, said Fellman. More local governments passed ballot initiatives to opt out of the state ban known as SB-152, as expected (see 1809270039). Eight municipalities passed initiatives, bring the total number of cities and towns to 101 out of 271, said Colorado Municipal League Deputy Director Kevin Bommer. Ten counties passed such questions by an average of more than 70 percent, increasing the total number of counties to 40 of 63, said Colorado Counties Inc. Policy Director Eric Bergman.

“The voters in these counties have made it clear they are overwhelmingly in support of removing the roadblocks to better internet service,” said Bergman. The trend continues, said Bommer. “When we stop seeing these questions on the ballot, it means we have good broadband access and speed in every corner of the state. We have a long way.” Ending the ban on SB-152 may not be necessary given success of ballot initiatives, Mamet said. CenturyLink supports voters' right to weigh muni broadband costs and risks through elections, and encourages citizens and municipalities to explore public-private partnerships with ISPs, a spokesperson said.

State Commissions

Democrats didn’t appear to gain seats in 10 mostly red states that elect utility commissioners, despite theories that a possible blue wave could carry down ballot (see 1810110031).

A four-way race for two Arizona Corporation Commission seats was close, though Republicans appeared to be in the lead Wednesday morning. Incumbent Commissioner Justin Olson (R) had nearly 26 percent of the vote, Rodney Glassman (R) 25.9 percent, former Commissioner Sandra Kennedy (D) about 25 percent and Kiana Sears 23.2 percent. All four candidates said they want to improve commission ethics (see 1810250048).

Former state Sen. Steve Fischmann (D) so far leads a race for an open seat on the Democratic-controlled New Mexico Public Regulation Commission. Fischmann, who defeated incumbent Commissioner Sandy Jones (D) in the primary, urged a more transparent and accessible commission. Jeff Byrd (R) won his race to keep Republican the seat previously held by Patrick Lyons, who ran for public lands commissioner and lost to the Democrat. Theresa Becenti-Aguilar (D) was unopposed after defeating NARUC Telecom Committee member Lynda Lovejoy (D) in the primary.

The Nebraska Public Service Commission remained Republican after NARUC Telecom Committee Co-Vice Chair Tim Schram (R) kept his seat and Dan Watermeier (R) won an open GOP seat. Alabama PSC incumbents Chip Beeker (R) and Jeremy Oden (R) kept the agency red by holding their seats against two Democratic candidates who sought ethics reforms. The North Dakota PSC stayed totally red after GOP incumbents Randel Christmann and Brian Kroshus were victorious.

Other GOP incumbents who kept their seats included Montana PSC Commissioner Brad Johnson, Oklahoma Corporation Commissioner Bob Anthony, South Dakota Public Utilities Commission Chairwoman Kristie Fiegen and Georgia PSC members Chuck Eaton and Tricia Pridemore. Montana voters also elected Republican Randy Pinocci to replace term-limited Travis Kavulla. Louisiana PSC Commissioner Craig Greene (R) was unopposed.