Hawaii Net Neutrality Bill Clears Senate Panel Despite Procurement Office Concerns
A Hawaii net neutrality bill is headed to the Senate floor after the Commerce, Consumer Protection and Health Committee unanimously passed an amended measure Tuesday. The State Procurement Office opposed SB-253 that would codify last year’s executive order by Gov. David Ige (D) restricting procurement to ISPs that follow open internet rules. Bills are active in other states where, as in Hawaii, Democrats have a political trifecta. Momentum appeared to slow a net neutrality bill in Maryland, which has a Republican governor, after a hearing earlier this month where industry argued the state should wait for litigation to resolve (see 1902060057).
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The Hawaii bill could limit competition and flexibility and may be burdensome to oversee contracts, the procurement office said Tuesday in written testimony. It would be unenforceable if an upstream carrier in another state is throttling traffic, it said. “If we added additional language that required the local ISP enforce those terms and conditions on their upstream carriers, it is likely we are now talking about inter-state commerce which is regulated by the Federal Government.” Smaller providers could especially suffer, the office said.
Industry also opposed Hawaii’s proposal. SB-253 “will likely to suffer the same fate as other state net neutrality laws and regulations currently being challenged in federal court,” wrote CTIA Vice President-State Legislative Affairs Gerard Keegan. The legislation isn’t needed given Ige’s executive order, wrote Charter Communications.
SB-253 “has a good chance of passing” since it would codify last year’s executive action, emailed National Research and Regulatory Institute Telecom Principal Sherry Lichtenberg. “Bills like this one that focus on contract processes may have an easier time of passing and surviving court challenges.” There’s time to get many of the state bills passed, she said. “The legislative sessions will extend for a couple of months yet, so that gives the opportunity for creating additional support.” But she said “much will depend on the status of the bills proposed in Congress and the Vermont litigation.” House Republicans are touting their multiple bills (see 1902250051).
The FCC “ruling to repeal net neutrality deregulates the internet service industry, jeopardizing the future of access to websites and information, and creating an environment that could allow internet service providers the opportunity to limit or prioritize certain access to information at their discretion,” the Hawaii Senate Technology Committee reported when it cleared SB-253 earlier this month.
Net neutrality bills are active in other states with Democratic trifectas. The Colorado Senate State Committee has a hearing on SB-78 Wednesday at 1:30 p.m. MST. It would restrict high-cost support or other broadband funding to companies that adhere to net neutrality principles. State politics could help the bill because Colorado Democrats now control both legislative chambers, plus governor and attorney general offices (see 1812280020). Connecticut Senate Majority Leader Bob Duff (D) urged colleagues to pass a net neutrality bill (SB-6) at a hearing last week (see 1902190046).
Rhode Island state Sen. Louis DiPalma (D) expects a March or April hearing on his bill (SB-40) in the Senate Commerce Committee, DiPalma told us Tuesday. With Rhode Island lawmakers recently returned from winter break, he said he planned to speak that day with Chairperson Roger Picard (D). DiPalma predicted the bill will pass the Senate like last year, but isn't sure about the House.
New York has net neutrality in its state budget proposal (see 1901300034), but there are several other bills and not every Democrat supports passing the policy through a spending package. “Our preference is that this be done outside of the context of the budget,” emailed Jake Egloff, legislative director for Assemblymember Patricia Fahy (D). Democrats frequently used the budget to push progressive policy measures when Republicans controlled the Senate, he said.
Maryland’s bill may be stuck, its sponsor said. “There has been no action and we are concerned that it will not move forward,” emailed HB-141 sponsor Del. Kirill Reznik (D). “I am working with the Committee to address any concerns to see if we can resolve them.” The committee didn’t comment.