NY Governor Signs Order Requiring Net Neutrality From State ISPs
New York Gov. Andrew Cuomo has signed an executive order requiring the state to do business only with internet service providers who adhere to net neutrality principles. Travis LeBlanc, the former FCC enforcement bureau chief who is now a partner at Boies Schiller Flexner, said states will "likely" decide the future of net neutrality.
January 24, 2018 at 03:25 PM
4 minute read
ALBANY—New York Gov. Andrew Cuomo signed an executive order Wednesday barring the state from entering into contracts with internet service providers that don't adhere to the principles of net neutrality.
The Office of General Services and other state government entities in New York are being directed to incorporate into their procurement process for internet, data and telecommunication services criteria requiring that recipients of state contracts adhere to net neutrality principles, Cuomo said in the executive order.
Internet service providers—such as Comcast, AT&T or Verizon—will not “block, throttle or prioritize internet content or applications or require that end users pay different or higher rates to access specific types of content or applications,” the order said.
“Any contract or contract renewal entered into by affected state entities for internet services on or after March 1, 2018, shall include a binding agreement consistent with the foregoing, and affected state entities shall not enter into a contract with any ISPs, agents therefore, or other entity offering to or procuring on behalf of any affected state entity internet services, without such a binding agreement,” the executive order said.
In mid-December, the Federal Communications Commission voted to repeal Obama-era regulations that required internet service providers to treat websites equally. The repeal of net neutrality rules means internet service providers can charge consumers more for so-called fast lanes than slow, or block some content.
A spokesman for the New York governor said the executive order applies to new and renewed contracts effective in March. While the Cuomo administration is still compiling a list of all the internet service providers the state does business with, they include AT&T, BestWeb, Time Warner Cable (now Spectrum), Cablevision, Lightpath and Verizon Business Network Services, among others. The dollar value of the contracts between the state and internet service providers wasn't immediately available.
A spokesman for Charter Communications didn't comment on Cuomo's executive order, but said the company would abide by net neutrality rules.
An AT&T spokesman said in an email, “While AT&T supports the principles of an open internet, we favor federal legislation to ensure that there is one set of rules that applies to all internet companies, and includes internet and privacy protections for consumers. A patchwork of different state rules would confuse consumers, harm competition and impede innovation and investment.”
He added, ”AT&T is proud of our commitment to an open internet and we stand ready to work with the Congress and other internet companies and consumer groups in the coming months to permanently protect the open internet.”
Several other internet service providers that have state contracts did not immediately reply to requests for comment.
Travis LeBlanc, the former FCC enforcement bureau chief who is now a partner at Boies Schiller Flexner, said the states will ultimately decide the future of net neutrality.
“The future of net neutrality will likely be decided by states rather than the federal government,” LeBlanc said. “States across the country are stepping up to the plate to ensure that consumers have free and open access to the internet. In the last month, dozens of states have introduced legislation, filed lawsuits and implemented procurement standards that would require internet service providers to adhere to net neutrality principles.
New York Attorney General Eric Schneiderman, along with 20 other state attorneys general, filed a petition earlier this month at the U.S. Court of Appeals for the District of Columbia, kicking off the first major legal battle in the FCC's decision to repeal net neutrality rules. The attorneys general argued that the FCC's Jan. 4 order, which restored the framework for regulating internet service providers to what it was in 2015, is arbitrary and capricious under the Administrative Procedure Act.
“The repeal of net neutrality would turn internet service providers into gatekeepers—allowing them to put profits over consumers while controlling what we see, what we do, and what we say online. This would be a disaster for New York consumers and businesses, and for everyone who cares about a free and open internet,” Schneiderman said in a statement earlier this month.
Cuomo's executive order comes days after Montana's Democratic Gov. Steve Bullock signed a similar order requiring internet service providers with state contracts to abide by net neutrality rules.
FCC Commissioner Ajit Pai said in a November statement that net neutrality are “these heavy-handed regulations” that restrict internet service providers and make it harder for providers to build out their networks.
This story has been updated with comment from an AT&T spokesman.
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