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POLICY RECOMMENDATIONS Economic and Workforce Health
Policy Recommendation 5:
States can encourage Congress to review U.S. communications law for the purposes of ensuring 100% broadband access.
The Economic and Workforce Health Subcommittee approved this recommendation recognizing the authority of Congress to review and establish national guidelines for net neutrality and encouraging Congress to do so.
Washington was the first state to pass net neutrality into law. The law prohibits internet providers in the state from blocking lawful content, applications, services or nonharmful devices; impairing or degrading lawful internet traffic on the basis of internet content, application or service or use of a nonharmful device; or engaging in paid prioritization.3
Washington, D.C., declared opposition to the Federal Communications Commission’s repeal of net neutrality rules. The city council emphasized that the repeal would hinder access to a free and open Internet, infringe on First Amendment guarantees of freedom of speech and equal access to information and create an uneven playing field for small businesses.
Additional Resources
Net Neutrality: President Obama’s Plan for a Free and Open Internet — https://obamawhitehouse.archives.gov/net-neutrality
The Debate Over Net Neutrality — https://www.ncsl.org/research/telecommunications-and-information-technology/the-debate-over-net-neutrality.aspx
Debates over internet access involve questions of net neutrality, a term that means providing internet access and usage that is not contingent on political perspective. Net neutrality ensures that data traffic is treated uniformly, and internet service providers cannot block, slow or speed content delivery at their discretion. Congress can require network owners to provide equal access to the internet and protect users from discriminatory treatment.
Until 2018, net neutrality protections were derived from the Communication Act of 1934, which allows the Federal Communications Commission to regulate telephone carriers. However, the Restoring Internet Freedom Order repealed earlier net neutrality requirements and left much of regulation in this policy area to the states.1 In response, several state legislatures and executives have implemented net neutrality policies.
State Examples
Vermont requires internet service providers to certify compliance with consumer protection and net neutrality standards in order to be eligible to receive government contracts for internet service.2
The Council of State Governments State Leader Policy Brief: Broadband — https://web.csg.org/csghealthystates/wp-content/ uploads/sites/23/2022/05/Healthy-States-National-Task-Force-PolicyBrief-Broadband.pdf
Endnotes
1 Morton, H. (2022, May 4). Net Neutrality 2021 Legislation. Retrieved October 13, 2022, from National Conference of State Legislatures: https://www.ncsl.org/research/telecommunications-and-information-technology/net-neutrality-2021-legislation.aspx
2 Morton, H. (2019, Jan. 23). Net Neutrality Legislation in States. Retrieved October 13, 2022, from National Conference of State Legislatures: https://www.ncsl.org/research/telecommunications-and-information-technology/net-neutrality-legislation-in-states.aspx
3 Office of Washington Governor Jay Inslee. (2018, Mar. 5). Washington becomes first state to pass net neutrality protections into law. Retrieved October 13, 2022, from News and Media: https://www.governor.wa.gov/news-media/washington-becomes-first-state-pass-net-neutrality-protections-law#:~:text=The%20law%20will%20 prohibit%20companies,services%20and%20devices%20they%20use.
