Photo credit: arstechnica.com
Anticipation for State-Level Legislation
Concern has been voiced by lawmakers regarding potential opposition from Internet Service Providers (ISPs) to newly proposed legislative measures aimed at enhancing broadband access. Morrow, a supporter of these initiatives, emphasized that while challenges loom, there are existing low-cost broadband plans, such as those offered by Comcast in Vermont, which simply require better promotion to reach those in need. He drew inspiration from New York’s successful legislation and expressed hope for similar outcomes.
“I maintain an optimistic outlook, yet with numerous factors at play currently, success is not assured,” he remarked.
There is a growing expectation that additional state bills will surface soon. Blair Levin, a policy advisor with New Street Research, noted that many states may take the initiative to fill the regulatory void left by the Federal Communications Commission (FCC) and recent court decisions, which have questioned the FCC’s authority over broadband networks. This comes alongside Congress’s decision to allow the Affordable Connectivity Program (ACP) to lapse.
“I foresee an increasing number of states concentrating their efforts on supporting low-income families, rather than solely focusing on net neutrality,” Levin explained. He also pointed out that there are various other broadband-related issues state legislatures may address, such as ensuring network reliability, enhancing public safety, and improving billing transparency.
Levin stated that ISPs are likely to challenge these state laws and may lobby the FCC for preemptive action. However, a previous attempt by the FCC during the Trump administration to invalidate state-level net neutrality laws was thwarted by a federal appeals court that clarified the Commission’s inability to preempt state legislation in areas beyond its regulatory scope.
Legal hurdles are not anticipated to significantly hinder states from pursuing their own broadband regulations, according to van Schewick. “Current case law clearly indicates that when the FCC is unable to protect consumers in the digital realm, states have the authority to step in,” she stated. “They can implement their own net neutrality provisions, like those in California, mandate affordable broadband solutions as seen in New York, and establish broadband privacy standards similar to those in Maine. All these legislative measures have been affirmed by the courts.”
Source
arstechnica.com