New York Governor proposes localised net neutrality rules

New York state will join the likes of Washington and California in creating localised net neutrality rules.

Governor Andrew Cuomo announced the new rules to follow-up an executive order from 2018 which prevented Government agencies from entering into contracts with telco and technology companies unless they followed net neutrality principles. While the complications of contradictory state- and federal-level rules have not been fully appreciated, New York joins the crowd in ignoring the FCC.

“A free and open internet is one of the great equalizers — allowing every person the same access to information and helping protect freedom of speech,” said Cuomo.

“While the federal administration works to undermine this asset, in New York we are advancing the strongest net neutrality proposal in the nation so big corporations can’t control what information we access or stymie smaller competitors. These protections will help ensure an open market for ideas and content across platforms and preserve the unimpeded access to online content the public wants and needs.”

As part of the rules, telcos will be prevented from any blocking, throttling or paid prioritization of online content, while ‘zero-rating’ products will also be deemed illegal. Cuomo believes these rules exceed the levels of protection which were offered to the consumer under the net neutrality rules put in place by former FCC Chairman Tom Wheeler.

Although the net neutrality rules were officially undone by a Republican-controlled FCC on December 14, 2017, New York now becomes the fourth state to create its own rules. Washington State was the first, though California and Maine have followed suit. The next Presidential Election will dictate the next chapter of this story, though the current position is not healthy.

What is slowly emerging across the US is a fragmented regulatory landscape. This is not only because of the polar opposite approach in New York, California, Maine and Washington State compared to the FCC’s stance, but also the nuances between the different net neutrality regulations. None will be exactly the same creating a patchwork of legislative complications. Companies like consistency, and this is anything but consistent.