NARUC ADVANCES RESOLUTION ON BROADBAND CONTENT NEUTRALITY

NARUC’s Telecom Committee advanced resolution opposing unreasonable restrictions by broadband facility providers that could block Internet users’ access to lawful content or services. Resolution, as introduced at NARUC, bore some changes from preliminary draft text to make clear it was about broadband end-users’ access to content, and not about broadband open access for providers. Peter Bluhm of Vt. Public Service Board staff, who drafted resolution’s text, said it was never intended to be about open access but rather about citizens’ right to access Internet content without unreasonable restrictions imposed by broadband service providers.

Resolution adopted by telecom panel holds that all Internet users, regardless of whether they reach Internet through telephone-based or cable-based broadband services, have right to Internet access that’s unrestricted as to viewpoint and that’s free of unreasonable discrimination as to choice of lawful content, including software applications and information sources. Resolution also said Internet users have right to receive meaningful information about technical limitations of their broadband service. Resolution said if broadband providers were allowed to restrict Internet access just to favored content or information sources, there would be “significant harm” to free and open exchange of ideas.

With respect to ISPs that are affiliated with broadband service provider, resolution said NARUC isn’t opposed to affiliated ISPs promoting particular content so long as underlying broadband provider makes its facilities available on nondiscriminatory basis to all ISPs including affiliate. Adopted resolution took no position on broadband open access issue and merely mentioned it in passing as one approach to broadband content neutrality that’s been subject of policy debates. Resolution must be approved by NARUC’s board and convention floor before becoming official NARUC policy.

Telecom panel voted to drop proposed resolution that would have asked FCC to investigate certain universal service portability issues that arise when CLECs seek support for customer access lines won from incumbents in high-cost areas. Members said resolution became moot after FCC Fri. issued order referring most of the resolution’s issues to Federal- State Universal Service Joint Board for its recommendations. FCC order asks Joint Board for recommendations regarding: (1) Whether there should be support for 2nd lines. (2) Whether process for designating eligible telecom carriers to receive universal service support in competitive study areas should change. (3) Whether support to CLECs should be based on incumbent’s costs or CLECs’ own costs. (4) Impact on fund size if incumbent rural carriers lose significant number of lines to CLEC competition. Proposed NARUC resolution also had raised issues relating to threshold requirements for support to CLECs that use unbundled loops and clarification of certain definitions in FCC’s universal service rules, but states decided these issues could be addressed in context of Joint Board’s proceeding.

NARUC’s Consumer Affairs Committee defeated proposed resolution that would have called on wireless industry to give consumers adequate service area coverage information for making purchase decisions and asked FCC to monitor industry’s service area disclosures to ensure sufficient coverage information is being provided. Resolution ran into trouble when states split on whether to ask FCC for new mandate that all wireless carriers disclose detailed coverage data, or put burden on industry to give more detailed coverage information. Version that focused on wireless industry rather than FCC was only one that got necessary seconded motion to be put to vote. Cal. PUC Comr. Carl Wood urged defeat of resolution, saying it offered “little substance” and added nothing significant to debates over wireless coverage as consumer issue. He also said resolution wasn’t asking for FCC reconsideration of decision earlier this year to drop mandatory coverage area disclosure rule for cellular carriers as obsolete, so there was no urgent reason to push issue at annual convention. Committee voted 7-2 to defeat resolution and refer issue back to staff subcommittee level for consideration at NARUC’s winter meeting in Feb.