After a brief but spirited debate, the Washington state Senate approved the first state-level net neutrality legislation in the nation.
SHB 2282 imposes several regulations on internet service providers (ISP’s) previously found in the Federal Communication Commission’s 2015 order, which was repealed late last year under the Trump administration.
Though passed with a solid majority (35-14), it was less decisive than the House’s 93-5 vote, perhaps reflecting the unease of some lawmakers who say the policy will stymie further broadband expansion by telecommunication companies. And that’s if it doesn’t get overturned in federal court after an expensive lawsuit.
For these legislators, the canary in the coal mine is T-Mobile’s recent announcement of the first five cities where they intend to roll out the new 5G network. Though headquartered in Bellevue, the city is not among the five – nor is any Washington city.
Sen. Doug Ericksen (R-42) told colleagues on the Senate floor Feb. 27 the coincidence is unlikely. “I think one of the reasons is when they look at legislation like this…(they) say Washington state is not a good place to do business. We’re going to look at other states that are going to work with us…instead of going into a state where you know you’re going up against a regulatory nightmare.
“You’re going to go to court, and you’re going to pay for it,” he added.
T-Mobile plans to add 25 other cities to its 5G plan by the end of the year. 5G has been described by Forbes as the nation’s greatest infrastructure project since the interstate highway system.
Ericksen added that although he considered SHB 2282 to be superior to the 2015 net neutrality policy, he said the bill is unnecessary and based on “speculative” fears of things companies have yet to do.
“We don’t need this legislation right now in Washington state,” he said. “Internet services in America have grown and thrive with minimal government involvement and regulation. I think that should be our goal. Which is to allow the internet to thrive outside the burdensome, constricting regulations of the federal bureaucracy…allow it to grow and expand.”
A contrasting viewpoint was offered by Sen. Reuven Carlyle (D-36): “We have a right to open and free internet, and the public has a right to information. The Tenth Amendment to the United States Constitution is one of the most underappreciated amendments that exist. We can have regulations of the internet at a national level, but that in no way says that we shouldn’t have a framework of regulatory control that makes sense here at a state level.”
Sen. Kevin Ranker (D-40) agreed. “This bill quite simply makes sure the consumers have access to lawful content on the internet. At this point in time we have learned a valuable lesson, which is states must act to protect the internet. States must act to protect net neutrality.”
Carlyle’s remarks drew a response from Senate Minority Leader Mark Schoesler (R-9), who said “I think I must have turned on the oldies channel by mistake this afternoon. I hear people talking about Tenth Amendment rights that I haven’t heard in 20 years, and it wasn’t from that side of the aisle. While we’re waiting to get sued for this, I urge you to vote no.”
SHB 2282 will now be sent to Governor Jay Inslee, who has already indicated his intent to sign it. If signed into law, the bill will either take effect 90 days after the legislative session ends or the effective date of the FCC’s December ruling.
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