California net neutrality bill survives first vote – CNET


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California net neutrality bill survives first vote

California’s net neutrality bill, considered the most comprehensive to date, is on its way to becoming law, giving hope to the national movement to preserve the FCC’s 2015 rules.

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The ornate dome of the State Capitol building is viewed from the interior on January 27, 2015, in Sacramento, California. 

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A California bill meant to replace the FCC’s repealed Obama-era net neutrality rules is on its way to becoming law.

Senate Bill 822, written by state Sen. Scott Wiener, a Democrat from San Francisco, made it through its first vote before the state’s Energy, Utilities and Communications Committee on Tuesday. The committee voted 8-3 along party lines to support the bill with only minor amendments. The next vote will be before the Senate Judiciary Committee.

Net neutrality supporters worried ahead of the vote that the state’s Democrat-led legislature would concede too much to the broadband industry, which says it supports the spirit of net neutrality but believes Wiener’s legislation goes too far. On Monday, the committee issued a report that many net neutrality supporters said eliminated key protections and opened loopholes that would allow internet service providers to skirt net neutrality protections.

Amendments were made to the bill, but the most important aspects of the bill, which established bright line rules prohibiting slowing down or blocking access to content and a ban on zero-rating were left in tact.

“The amendments crafted today with the committee maintain all key provisions of the bill intact,” Wiener said in a statement. “The bill fully protects net neutrality in California.”

The committee removed a proposal to make the state Public Utilities Commission in charge of net neutrality rules. And it clarified how the state attorney general’s office would enforce net neutrality issues.

California is one of more than two dozen states considering legislation to reinstate net neutrality rules, which were repealed by the Trump administration’s FCC in December. Other states, including New York, Connecticut and Maryland, are also preparing legislation to protect net neutrality. Earlier this year, Washington became the first state to sign such legislation into law. Governors in several states, including New Jersey and Montana, have signed executive orders requiring ISPs that do business with the state adhere to net neutrality principles.

Meanwhile, Democrats in the US Senate are trying to reinstate the FCC’s rules through the Congressional Review Act.

But the California bill goes further than any other state or national rules. It not only transforms the FCC’s 2015 net neutrality rules into California law. But it also bars internet service providers from offering deals, such as sponsored content or zero-rated data plans, that “economically discriminate” against certain sites or services. Such offerings allow a company to pay data charges so that certain apps don’t count against a wireless subscriber’s data plan. It also gives the state to oversee commercial interconnection deals to ensure broadband companies can’t use their market power to charge hefty payments from companies like Netflix.

The progression of the bill through the state legislature is being watched closely because advocates and the industry alike believe the fate of the legislation could affect the movement nationally.

The bill has won support from heavy hitters like former FCC chairman Tom Wheeler, an Obama appointee, whose FCC adopted the 2015 rules. He’s called the effort in California the “most sweeping” bill of its kind in the country. If it passes in its current form, Wheeler said he believes it could send a strong signal to other states and to Capitol Hill.

Large ISPs, such as AT&T, Verizon and Comcast, oppose the California law. While they say they supports the basic idea of net neutrality, they argue bans on things like zero-rating and paid-priority, which could allow companies to pay broadband companies to get their services delivered faster than competitors, limits their ability to try new business models. The big broadband providers say without the ability to experiment with new business models, they’ll have to charge consumers more for their services in the future.

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