TITLE: A Resolution On Network Neutrality
COMMITTEE: Communications, Technology & Interstate Commerce
TYPE: Action Calendar Draft, by Senator David Nething, North Dakota
WHEREAS, NCSL in its policy statement, “The Internet and Electronic Commerce” recognizes the unprecedented advances a free and open Internet has fostered across all aspects of end user customers’ lives, and
WHEREAS, the exponential growth of the Internet has flourished as a result of both the government’s ‘hand’s off’ approach, ever increasing competition, as well as fierce consumer interest, and
WHEREAS, regulation of the Internet may interfere with future investment and innovations benefiting the health and well-being of its end user customers, and
WHEREAS, Internet users should be given a choice when it comes to selecting a broadband connection that will meet their current and future needs for speed, reliability, quality of service, and capabilities not yet envisioned, and
WHEREAS, broadband connections, services, and applications should continue to become more affordable and accessible to all consumers, and
WHEREAS, companies that invest in broadband and broadband-related applications should be afforded the flexibility to explore fair and competitive business models and pricing plans for their products and services, and
WHEREAS, mandated net neutrality regulations that go beyond the FCC’s broadband policy statement would impede future capital investments in the U.S.’ broadband infrastructure, which already lags behind its European and Asian counterparts, and
WHEREAS, according to a 2006 International Telecommunications Union (ITU) study of 2004 data, the U.S. ranked 16th in broadband penetration and could decline further as proposed net neutrality regulations places more of the cost burden onto the end user, exacerbating an already disturbing trend of a ‘digital divide’ within our country.
THEREFORE, LET IT BE RESOLVED, that the National Conference of State Legislatures calls upon the Congress of the United States of America to refrain from legislation that would regulate the Internet and to maintain today’s approach that allows the competitive marketplace to drive broadband and broadband-related applications development and deployment free from governmental regulation.
BE IT FURTHER RESOLVED that, in the event Congressional legislative action is deemed warranted, that the Congress avoid adopting new rules and limit such action to providing the FCC with clear authority to oversee, but not proactively intervene in, the broadband Internet marketplace by adopting principles that focus on assessing whether the market continues to ensure that consumers can:
(1) receive meaningful information regarding their broadband service plans;
(2) have access to their choice of legal Internet content within the bandwidth limits and quality of service of their service plan;
(3) run applications of their choice, within the bandwidth limits and quality of service of their service plans, as long as they do not harm the provider’s network; and
(4) be permitted to attach any devices they choose to their broadband connection at the consumer’s premise, so long as they operate within the bandwidth limits and quality of service of their service plans and do not harm the provider’s network or enable theft of services: and
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the President of the United States, members of Congress and the members of the Federal Communications Commission.
|
