The Maine House passed a net neutrality bill Wednesday with bipartisan support, as three Republican lawmakers crossed party lines to vote in favor of the measure. The bill, An Act to Establish Net Neutrality, now moves to the Senate for further debate and voting.
Net neutrality is the understanding that Internet Service Providers (ISPs) should treat all who use their platforms equally, extending the operating principle that has long governed telecommunications to online communications. This generally includes rates for service as well as a freedom from filters or preferential treatment of one kind of content over another.
LD 536, sponsored by Representative Chris Kessler (D-Portland), began as a concept draft before being amended into its final form. Essentially, it seeks to guarantee at a state level that “all lawful Internet traffic is treated equally within each plan and such plans are offered on a nondiscriminatory basis,” and subjects violations to review under the Maine Unfair Trade Practices Act.
Representatives Steve Foster (R-Dexter), Gregg Swallow (R-Houlton), and John Eder (R-Waterboro) joined majority Democrats in supporting the legislation. Foster, the Republican lead on the Energy, Utilities, and Technology Committee, participated in hearings where the bill drew strong testimony both for and against its passage.
Opponents argue that net neutrality regulations should be handled at the federal level, rather than through individual state legislatures. Lynn Follansbee of the US Telecom and Broadband Association testified against the bill, warning that state-by-state regulation would burden providers and create inconsistencies in broadband policy.
“Neither the Maine legislature, nor the 49 other state legislatures, are the proper vehicles for net neutrality legislation. Indeed, FCC decisions, on a bipartisan basis, have consistently preempted state attempts to impose separate conflicting state net neutrality regulations,” Follansbee said. “Any action must be taken by the federal government, given that broadband is an inherently interstate service.”
Supporters of LD 536 including Joe Olivia of the Maine Broadband Coalition, who testified that Maine already enforces elements of net neutrality. Olivia pointed to LD 1364, a 2019 law that requires internet service providers contracting with the state to follow the FCC’s Open Internet Order, which was enacted in 2015 and repealed in 2017. He said expanding those rules to all Maine internet users is a logical next step.
The debate will continue as Rep. Kessler’s bill will now go before the Senate. There those for and those against will argue the merits of the bill. If the majority votes to pass the bill in its current form, the bill will then return to the House for further debate and an enactment vote.
