Bill Text: NJ SR154 | 2016-2017 | Regular Session | Introduced
Bill Title: Urges FCC to vote against proposed order eliminating regulations established to maintain "net neutrality."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-12-04 - Introduced in the Senate, Referred to Senate Economic Growth Committee [SR154 Detail]
Download: New_Jersey-2016-SR154-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Urges FCC to vote against proposed order eliminating regulations established to maintain "net neutrality."
CURRENT VERSION OF TEXT
As introduced.
A Senate Resolution urging the Federal Communications Commission to vote against a proposed order eliminating regulations established to maintain "net neutrality."
Whereas, "Net neutrality" is a principle concerning the free and open Internet, which specifically discourages Internet service providers (ISPs) from speeding up, slowing down, discriminating against, or blocking access to content, applications, or websites by customers; and
Whereas, On February 26, 2015, the Federal Communications Commission (FCC) adopted an order entitled "Protecting and Promoting the Open Internet," which reclassified the services provided by ISPs from "information services" under Title I of the Communications Act of 1934 to "telecommunications services" under Title II of the Communications Act of 1934; and
Whereas, This reclassification allows the FCC to enact and enforce rules maintaining the principle of net neutrality, such as preventing ISPs from creating paid "fast lanes" for certain websites and ensuring all Internet traffic is treated equally; and
Whereas, These rules ensure the free flow of information to customers, uninhibited by ISP interference or discrimination, which is necessary for the trade of ideas and commerce in a healthy free market, fostering the growth of an informed and educated public; and
Whereas, On April 26, 2017, the Chairman of the FCC, Ajit Pai, proposed an order to rescind the classification of ISP services under Title II, thereby revoking the regulatory authority the FCC has over an ISPs ability to block, throttle, and prioritize content over their networks; and
Whereas, The FCC is scheduled to vote on this order, WC Docket No. 17-108, at its meeting on December 14, 2017; and
Whereas, Chairman Pai has stated that returning to a "light-touch" regulatory approach will help foster the rapid growth the country has seen in Internet technology over the last several decades and will allow for customer choice to determine whether free and open access to the Internet is something ISPs should provide; and
Whereas, However, most customers do not have a reasonable choice in deciding on which ISP to use since a few large companies control the majority of the ISP market, including the ISP market in New Jersey; and
Whereas, With the rapid shift to an information economy and the reliance of businesses on the Internet to be active participants in the market, free and open access to the Internet is important for small businesses that may not be able to afford access to the "fast lanes" reserved for businesses with the means to pay; and
Whereas, There has been public and Congressional opposition against the FCC proposal, with several members of Congress asserting that it was Congress's intent with the passage of the Telecommunications Act of 1996 to ensure the Internet remains an open platform for people, businesses, and information; and
Whereas, It is altogether fitting and proper, and in the public interest, that this House urge the FCC to vote against the proposed order rescinding the classification of ISP service under Title II; now, therefore,
Be It Resolved by the Senate of the State of New Jersey:
1. This House respectfully urges the Federal Communications Commission to vote against the proposed order that would eliminate regulations established to maintain net neutrality.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Chairman and each Commissioner of the Federal Communications Commission.
STATEMENT
This Senate resolution respectfully urges the Federal Communications Commission (FCC) to vote against the proposed order that would eliminate regulations established to maintain "net neutrality." "Net neutrality" is a principle concerning the free and open Internet which specifically discourages Internet service providers (ISPs) from speeding up, slowing down, discriminating against, or blocking access to content, applications, or websites by customers.
On February 26, 2015, the FCC adopted an order entitled "Protecting and Promoting the Open Internet," which reclassified the services provided by ISPs from "information services" under Title I of the Communications Act of 1934 to "telecommunications services" under Title II of the Communications Act of 1934. This reclassification gave the FCC the legal authority to enact and enforce rules maintaining the principle of net neutrality, such as preventing ISPs from creating paid "fast lanes" for certain websites and ensuring all Internet traffic is treated equally. These rules ensure the free flow of information to customers, uninhibited by ISP interference or discrimination, which is necessary for the trade of ideas and commerce in a healthy free market and fosters the growth of an informed and educated public.
On April 26, 2017, the Chairman of the FCC, Ajit Pai, proposed an order to rescind the classification of ISP services under Title II, thereby revoking the regulatory authority the FCC has over an ISPs ability to block, throttle, and prioritize content over their networks. The FCC is scheduled to vote on this order at their meeting on December 14, 2017.
Chairman Pai has stated that returning to a "light-touch" regulatory approach will help foster the rapid growth the country has seen in Internet technology over the last several decades and will allow for customer choice to determine whether free and open access to the Internet is something ISPs should provide; however, most customers do not have a reasonable choice in deciding on an ISP to use since a few large companies control the majority of the ISP market, including the ISP market in New Jersey. With the rapid shift to an information economy and the reliance of businesses on the Internet to be active participants in the market, free and open access to the Internet is important for small businesses that may not be able to afford access to the "fast lanes" reserved for businesses with the means to pay.
There has been public and Congressional opposition against this proposal, with several members of Congress asserting that it was Congress's intent with the passage of the Telecommunications Act of 1996 to ensure the Internet remains an open platform for people, businesses, and information. This House joins in that protest and respectfully urges the FCC to vote against the proposed order rescinding the classification of ISP service under Title II, revoking the legal ability for the FCC to enforce the principle of net neutrality, and causing harm to the people and businesses of the country and this State.
