Gov. Janet Mills (D) has allowed a bill establishing net neutrality to become law in Maine without her signature.
Sponsored by Rep. Christopher J. Kessler (D-South Portland), LD 536 was originally introduced as a concept draft and later amended with policy details.
Under Maine’s new law, internet service providers will be required to treat all web data equally without showing favor toward any particular websites or content.
Internet service providers will still, however, have the ability to offer plans with different speeds or data limits, income-based eligibility, promotional rates, and legacy pricing.
The concept of net neutrality was first introduced at the national level in 2015 during the Obama Administration. Two years alter, these regulations were rolled back by the Trump Administration.
In April of 2024, the Federal Communications Commission (FCC) again reinstated net neutrality rules only for them to be quickly challenged in court by a trade organization representing internet service providers.
The case was resolved in January of this year when a federal appeals court struck down the FCC’s rules on the grounds that the agency did not have sufficient legal authority to reinstate them.
Net neutrality effectively blocks internet service providers from speeding up or slowing down connection speeds for particular websites or types of content.
While proponents of net neutrality argue that these rules ensure a fair environment for consumers, opponents suggest these regulations are detrimental to growth and investment in the broadband industry.
Chairman, then Commissioner, of the FCC Brendan Carr issued a dissenting statement in April of 2024 when the agency voted to reinstate net neutrality requirements nationwide.
In this statement, then-Commissioner Carr cited data showing that broadband internet speeds had increased 430 percent since the net neutrality regulations were repealed in 2017. Real prices for internet access were also said to have dropped during this period, decreasing by 55 percent.
The FCC’s attempt to reinstate net neutrality came as part of a move to reclassify broadband internet as a public utility, subjecting it to the same type of regulation as water and electricity.
According to NPR, this would have made internet service providers responsible for outages and required greater consumer data protections, as well as increased network security.
While Carr celebrated the federal court’s recent decision to overturn the FCC’s net neutrality rules, former FCC Chair Jessica Rosenworcel urged Congress to act in response to the ruling.
“With this decision it is clear that Congress now needs to heed their call, take up the charge for net neutrality, and put open internet principles in federal law,” she said in a statement.
USTelecom, the trade association that brought the lawsuit, applauded the court’s decision in a statement, characterizing it as “a victory for American consumers that will lead to more investment, innovation, and competition in the dynamic digital marketplace.”
When the issue of net neutrality was before the Maine State Legislature, USTelecom testified in opposition to the state’s proposed regulations, arguing that they “would hinder the ability of our members to continue delivering affordable high-speed connectivity to consumers.”
“Broadband providers have long stood by their public commitments not to block, throttle, or engage in paid prioritization,” the association said, pushing back on concerns that absent net neutrality rules providers would engage in undesirable or unfair practices.
“A patchwork of state-by-state net neutrality laws would be burdensome for providers and a hindrance to the vibrant, growing broadband marketplace,” they added.
Three Republican members of the Energy, Utilities and Technology Committee voted against the bill in February, while all remaining members recommended its passage.
The House then went on to accept the majority Ought to Pass as Amended report with a roll call vote of 79-66, in which some Republicans joined the Democrats in support of the bill.
The Senate then followed suit in advancing the bill, this time without taking a roll call vote. After clearing the Legislature, the net neutrality bill was sent to the governor’s desk for final approval.
On July 22, the bill became law without a signature from Gov. Mills, and it is now set to take effect later this year. It will go into effect on September 24.
Maine will be joining several other states — including California, Washington, and Oregon — as it adopts its own set of net neutrality regulations.
