Net neutrality fight shifts to states; governors in Montana and New York sign orders to protect it, but obstacle looms

Bullock (AP photo)

The Federal Communications Commission voted Dec. 14 to repeal the "net neutrality" rules, but now states are taking up the cause. "Legislators in at least 15 states, from California to Rhode Island, have introduced bills that would create state net neutrality laws or use other approaches to require that internet service providers follow net neutrality requirements in some way to ensure an open and equal internet," Jenni Bergal reports for Stateline.

Gov. Steve Bullock of Montana, a Democrat, was the first to protect net neutrality at the state level. On Jan. 22 he signed an executive order requiring internet service providers that operate in the state to embrace net neutrality principles in order to get lucrative state government contracts, John Nichols reports for The Nation. The order goes into effect on July 1. Meanwhile, Bullock is urging other governors to join him in pushing back against the FCC's decision, and even tweeted a link to a model executive order for other states to use.

New York Gov. Andrew Cuomo followed Bullock's lead and issued an executive order on Jan. 24 linking state government contracting to net neutrality, Michael Grass reports for Route Fifty. Montana and New York will likely face legal obstacles, since the FCC ruling bars state and local governments from creating their own net neutrality rules, Bergal reports.

Though most of the state-level net neutrality efforts are Democrat-led, in Washington state the Republicans are on board too. Republican state Rep. Norma Smith introduced a bill that would prohibit internet providers from blocking or slowing down traffic, or offering paid fast lanes. Smith, who represents a rural district, said that many people in rural areas don't have a choice about their internet provider, and can't just switch to another if they're unhappy with their service. "Many are working from home or are engaged in the economy online. We want people in rural communities to participate fully, and the concern is that they would not be able to in the future if they don’t have the acceptable internet speeds to do that," she told Bergal.

States may not have to take action in the end if net neutrality ends up being preserved at the federal level. Last week, 22 Democratic state attorneys general filed a lawsuit to block the FCC's rollback.