Rhode Island Net Neutrality Bill May Face Skepticism in House
A Rhode Island net neutrality bill faces an uncertain path in the House despite Democratic control and passing by wide margin in the Senate last week (see 1904300191). A high-ranking House Democrat told us he's deciding if the bill is necessary. Pending litigation may be a factor stopping some states from passing bills, observers said. Elsewhere last week, lawmakers cast yes votes for bills to combat robocalls using fake phone numbers and to support broadband by municipalities and electric cooperatives.
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The Rhode Island House last year never took up a bill that, like SB-40, limited state contracts to ISPs that follow net neutrality principles, mirroring a 2018 executive order by Gov. Gina Raimondo (D). “No decisions have been made yet on this legislation in the House,” emailed a spokesperson for Speaker Nicholas Mattiello (D).
The House Corporations Committee received SB-40 but hasn’t decided what to do, said Chairman Robert Jacquard (D). “Before making any judgment about it,” Jacquard wants “to hear what is happening in other areas,” he emailed us. “There are only a small number of states that have adopted legislation and there are a small number of states that have adopted Executive Orders. Most states have not adopted anything” and seem “to think legislation is unnecessary.” Bill sponsor Sen. Louis DiPalma (D) didn’t comment Friday.
Net neutrality bills are seeing mixed results this year in states where Democrats hold the legislature and governor’s office. Colorado's passed a bill that Gov. Jared Polis (D) is expected to sign by early June (see 1904300191); Hawaii and Connecticut bills stumbled. New York decided not to pass language through the budget but has many stand-alone bills pending (see 1904010043).
To say a bill is unnecessary “sounds like the legislators are only hearing from the ISPs” or the providers “are extremely powerful in those states,” emailed Georgetown Law Institute for Technology Law & Policy Fellow Gigi Sohn. State bills also may not be moving while the U.S. Court of Appeals for the D.C. Circuit weighs pre-emption issues in the appeal of the FCC order rescinding neutrality rules, Sohn said: State lawmakers may not want to invite a lawsuit like DOJ's against California.
California “set a marker” for strong neutrality law but chose to delay enforcement until the D.C. Circuit decides, so other legislatures may have opted to wait until the court's decision expected this summer, said Public Knowledge Vice President Chris Lewis: “Democratic trifecta doesn’t mean anything.” It was a struggle to pass a bill in California, where debate was among Democrats, he said. A strong grassroots effort pushed the bill across the finish line, but public advocates' presence isn't as large in other states, Lewis said. There might be a stronger grassroots effort in New York, but the looming D.C. Circuit decision might slow action, he said.
States may be hoping Congress passes a net neutrality law or waiting for a ruling on California's law, said National Regulatory Research Institute Telecom Principal Sherry Lichtenberg.
Meanwhile, anti-robocall bills continue to pass with large bipartisan support. The Nebraska Legislature voted 49-0 Thursday for a caller-ID spoofing bill, sending LB-693 to Gov. Pete Ricketts (R). The North Carolina House voted 113-0 Friday for H-724; it goes to the Senate.
The Alabama House voted 92-2 Thursday for a bill empowering rural electric cooperatives to provide broadband. HB-400 goes next to the Senate. Similar bills last week cleared the North Carolina Senate and the Colorado legislatures, while a Maryland bill was signed (see 1905020050).
Other states are eyeing municipal broadband. Maine House members passed Thursday and sent for concurrence HB-1063 allowing municipalities to construct, maintain and operate broadband infrastructure. Lawmakers amended the bill to remove a proposed ban on municipalities providing retail communications services to non-municipal entities. Also, the House voted 86-56 Thursday for a pole attachments bill (LD-1192) that exempts municipalities from pole expenses (see 1904220023). It previously cleared the Senate.
The Oregon Senate voted 28-0 Thursday to allow local governments to convey real property to nonprofit, municipal or private corporations for providing broadband. The House last month voted 57-1 to pass HB-3061.