Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/17/2018 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB346 | |
| SB160 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 346 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 160 | TELECONFERENCED | |
SB 160-BROADBAND INTERNET: NEUTRALITY/REGULATION
1:52:28 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of SB 160. She noted that this was the second
hearing and public testimony was closed. She asked the sponsor
to comment.
1:53:08 PM
SENATOR TOM BEGICH, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 160, reminded members that SB 160 would require
internet service providers to abide by net neutrality principles
in Alaska. That means no blocking lawful content, no paid
prioritization or throttling unless the reasonable network
management practices make an exception for distance learning and
telemedicine. It would ensure continued access to a fair and
open internet that treats all data equally and fairly.
He noted the following slight changes since the committee heard
the bill last:
• Six governors have now signed executive orders requiring
internet service providers (ISPs) with government contracts
to abide by net neutrality.
• 28 states have introduced net neutrality legislation
• 22 state attorneys general have filed lawsuits against the
FCC. Alaska is not yet one of those states but the governor
and Senator Murkowski have both written op-ed pieces about
net neutrality.
SENATOR BEGICH warned that the deadline for Congress to reverse
the FCC Title II net neutrality order was just a week away so it
was even more imperative to pass this legislation. He emphasized
that state legislatures must set the template for what Congress
does on this matter. He noted who his office had invited to
testify.
1:56:13 PM
SENATOR MEYER asked if there was an ongoing federal lawsuit.
SENATOR BEGICH replied Alaska is not engaged in a federal
lawsuit, but 22 state attorneys general have filed lawsuits
against the FCC on this particular action. Many of those states
have also introduced legislation similar to SB 160 in an effort
to set a common template for a proper net neutrality statute.
SENATOR MEYER asked if resolution of the federal lawsuit would
trump any state action.
SENATOR BEGICH said it's difficult to say, but lawsuits can take
years if not decades to resolve. This and similar legislation is
intended to motivate Congress to act and resolve this matter
quickly.
1:57:32 PM
SENATOR STEVENS joined the committee.
SENATOR MEYER said his concern was that if the laws aren't the
same in all areas, providers will abandon some areas altogether.
SENATOR BEGICH explained that this was model legislation that
represents the voice of the states to ensure that internet
companies cannot apply principles that block Alaskan citizens'
access to the internet whether they are the wealthiest or
poorest. He noted an earlier Senate floor debate regarding
broadband access where several Senators emphasized the
importance of equal access to all citizens. He opined that SB
160 would be a step towards encouraging equal access.
SENATOR MEYER asked how many other states have passed similar
legislation.
SENATOR BEGICH deferred the question to his staff.
2:01:31 PM
DR. SYDNEY LIENEMANN, Staff, Senator Tom Begich, Alaska State
Legislature, Juneau, Alaska, advised that Washington State has
passed similar legislation and governors in five other states
have signed executive orders. Those states are Hawaii, New
Jersey, New York, Montana, and Vermont.
2:02:29 PM
CHAIR COSTELLO asked the sponsor to comment on her observation
that the phrase "in a manner sufficient for" on page 1, line 9,
is a statement of philosophy, whereas the bill has more teeth
starting on page 2, line 17.
SENATOR BEGICH disagreed with the portrayal of the language as
philosophical because the subsequent language is very specific
and replicates the existing FCC rules regarding net neutrality
that were repealed in December. He added that if the legislation
does make a philosophical statement, it is that Alaska and other
states have identified a way of protecting their citizens' free
and open access to the internet. It's something that the federal
government can use as a guide. He related his early encounters
with the internet which supports the importance of a free and
open internet.
CHAIR COSTELLO asked if the bill would be unnecessary if the
federal government took action.
SENATOR BEGICH confirmed that if the federal government were to
pass legislation that replicated this model language, the bill
would be unnecessary. But until the federal government takes
that action, passing SB 160 will make it possible for the state
to defend its citizens' right to a free and open internet.
2:06:55 PM
CHAIR COSTELLO noted the 2/12/2018 letter of opposition from
AT&T in the packet.
2:07:26 PM
At ease
2:07:30 PM
CHAIR COSTELLO reconvened the meeting.
2:08:18 PM
MIKE ROBINSON, Head of Systems, UAA; Chair of Intellectual
Freedom Committee, Alaska Library Association, Anchorage,
Alaska, said he works in technology at the university library
and several years ago he was a representative on Governor
Parnell's Broadband Task Force so he is familiar with broadband
issues in Alaska. He stated that libraries support network
neutrality for two reasons: equitable access and intellectual
freedom. He pointed out that libraries are often the gateway for
internet access in communities and in some cases they are the
only gateway. In that role they serve as an aggregated end user
for people trying to get on the internet. Libraries are also a
portal for access to online information such as e-books, journal
content, and other things. In that sense, they are a content
provider or small business. He emphasized the importance of
ensuring that library users get to the information they need
without hinderance and ensuring that libraries do not have to
compete with large content companies whose use may be
prioritized by some internet companies.
MR. ROBINSON noted that when Commissioner Pai revoked net
neutrality for the FCC, he argued that market competition would
solve the problems of any broadband providers that attempt to
violate net neutrality. However, that is not a solution for
Alaska because many Alaskan communities don't have any broadband
competition. Libraries also support network neutrality because
broadband companies should not be in a position to decide what
content to promote or provide access to. That decision should be
left to individual users. In this democracy it's critical that
broadband companies remain neutral gateways rather than
gatekeepers, he said.
MR. ROBINSON concluded his comments noting that AT&T's comments
on the bill basically said they had never violated net
neutrality and should be trusted to continue that practice.
Acknowledging that it was a separate issue, he said Facebook
would probably have made the same argument several years ago. He
urged the committee to support SB 160.
2:11:37 PM
JENNIE STEWART, Founder, Custom Everything, Inc. Anchorage,
Alaska, stated that she started her web-based business in 2002
and net neutrality allowed her business to compete on a national
and international scale. Her current competitors are businesses
like Amazon and Walgreens and without net neutrality a large
business could pay to promote their content and thereby throttle
access to her website. This would result in a vast change to her
business. "If we had just a minor decrease in speed, it would
bump us down in terms of the search engine results." She said
it's likely her business would no longer be on the first page
and she would be out of business in a very short time. Alaska
can compete on a national scale because network neutrality
ensures a level playing field. Under the "pay to play" scheme,
that will change.
CHAIR COSTELLO noted that public testimony was closed and looked
to the will of the committee.
2:14:17 PM
SENATOR GARDNER said she was eager to see this important piece
of legislation move along.
2:14:30 PM
SENATOR MEYER moved to report SB 160, version A, from committee
with individual recommendations and attached fiscal note(s).
2:14:46 PM
CHAIR COSTELLO found no objection and SB 160 moved from the
Senate Labor and Commerce Standing Committee.
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