California net neutrality law can survive federal challenge, lawmakers told

25 April 2018 by Steve Blum
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The California senate’s judiciary committee approved, on a party line vote, a proposed net neutrality law, after hearing that it was at least defendable against the inevitable court challenges that cable and telephone companies would file. Senate bill 822 would define blocking, throttling, paid prioritisation and paid or provider-specific zero rating as unfair competition, and enforce those rules via civil lawsuits.

The big question was whether a Californian net neutrality law would withstand the Federal Communications Commission’s declaration that it was preempting state level broadband regulations.… More

California net neutrality bill bends to telco, cable wishes

23 April 2018 by Steve Blum
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It would still ban blocking, throttling, paid prioritisation and some kinds of zero rating, but a California senate committee has pulled some of the sharper enforcement teeth out of a bill to reinstate network neutrality rules. With one exception, though, definitions of banned and permitted practices remain the same.

Senate bill 822 was approved by the senate energy, utilities and communications committee last week on a party line vote, with the condition that undisclosed changes, negotiated behind closed doors, would be made.… More

AT&T, Comcast, Charter get net neutrality help from California senate friends

18 April 2018 by Steve Blum
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Network neutrality legislation moved ahead in the California senate yesterday, but it’s not clear what exactly it says. The senate’s energy, utilities and communications committee worked over senate bill 822, before endorsing it on a party line vote and sending it on to the judiciary committee. As is common practice in Sacramento, the committee didn’t vote on the published text of the bill, carried by senator Scott Wiener (D – San Francisco), but conceptually approved it, based on unpublished amendments negotiated secretly on Monday, which will be further modified by changes yet to be dictated by committee chair Ben Hueso (D – San Diego).… More

California senate considers expanded net neutrality rights and enforcement tools

15 March 2018 by Steve Blum
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A second, more detailed network neutrality revival bill is on the table at the California capitol. Senator Scott Wiener (D – San Francisco) introduced senate bill 822 earlier this year, but it was little more than a statement of intent to jump into the Internet regulation void left by the Federal Communications Commission when it repealed network neutrality rules and stripped broadband of its common carrier status. He amended it on Tuesday, adding in a long list of outlawed practices and ways to enforce the ban.… More

The State of Washington takes on Washington, DC with its own net neutrality law

8 March 2018 by Steve Blum
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The State of Washington is the first to enact a network neutrality law. Washington governor Jay Inslee, a democrat, signed the bill on Monday. Both republicans and democrats voted in favor, with the bill winning lopsided majorities in the Washington house and senate.

The core language tracks with the former FCC’s three bright line rules, as well as similar legislation introduced in California. Internet service providers would not be allowed to…

(a) Block lawful content, applications, services, or nonharmful devices, subject to reasonable network management;
(b) Impair or degrade lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device, subject to reasonable network management; or
(c) Engage in paid prioritization.

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California senate votes for net neutrality

29 January 2018 by Steve Blum
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The California senate voted 21 to 12 earlier today to approve senate bill 460, which would reinstate network neutrality rules in California, in the unlikely event federal courts declare the FCC’s decision to scrap those regs to be arbitrary, capricious and an abuse of discretion. It was mostly along party lines, with Richard Roth (D – Riverside) voting no, but no republicans voting yes and several senators on both sides sitting it out.… More

Battle lines drawn in fight for state, local telecoms policy role

29 January 2018 by Steve Blum
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Update: the state senate approved SB 460 by a 21 to 12 vote and sent it on to the assembly.

The Federal Communications Commission can regulate some aspects of broadband deployment, but not all. That’s the picture painted by two complementary analyses of federal law and telecoms policy, one by the California senate’s judiciary committee staff and the other by attorneys working for the City of McAllen, Texas and endorsed by the cities of San Jose and New York.… More

Cable lobby argues California lawmakers should bless Internet slow lanes

25 January 2018 by Steve Blum
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Cable operators want to sell Internet fast lanes to those who are are willing to pay, thereby consigning those who don’t to the slow lane. That was the clear message from Carolyn McIntyre, the president of the California Cable and Telecommunications Association, which is the main lobbying front for Comcast, Charter and most other cable operators in the state. She spoke out against senate bill 460 – a network neutrality revival bill introduced by senator Kevin de Leon (D – Los Angeles) – during a senate judiciary committee hearing yesterday.… More

Montana makes a fast play for net neutrality

24 January 2018 by Steve Blum
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While the California legislature is just beginning work on a network neutrality revival, Montana has already put its own version into effect. Montana governor Steve Bullock issued an executive order on Monday that bakes net neutrality rules into state contracting requirements.

If any company wants to sell telecommunications to the State of Montana it has to publicly disclose its network traffic management policies and other terms of service. Providers cannot:

  1. Block lawful content, applications, services, or nonharmful devices, subject to reasonable network management that is disclosed to the consumer;
  2. Throttle, impair or degrade lawful internet traffic on the basis ofinternet content, application, or service, or use of a nonharmful device, subject to reasonable network management that is disclosed to the consumer;
  3. Engage in paid prioritization; or
  4. Unreasonably interfere with or unreasonably disadvantage: a.
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Now it's trial lawyers who are tagged as California's broadband cops

23 January 2018 by Steve Blum
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Update: SB 460 has been bucked to the California senate’s judiciary committee, where it’s due for a hearing tomorrow morning (Wednesday, 24 Jan 2018).

The latest version of a bill that aims to reinstate a network neutrality regime in California allows consumers to sue broadband companies that don’t abide by the three “bright line rules” that were thrown out last month by the Federal Communications Commission: no blocking, throttling or paid prioritisation.

The California senate’s appropriations committee’s endorsement of senate bill 460 last week included a promise to find a more appropriate net neutrality enforcer than the California Public Utilities Commission, as originally planned.… More