Protecting Net Neutrality in New York State

Assemblymember Patricia Fahy
2 min readDec 18, 2017

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On Thursday, the FCC voted to roll back protections ensuring a free and open internet. Today, I’m announcing legislation that will help ensure these protections remain in place in New York State.

Photo: BRENDAN SMIALOWSKI; Times Union

The FCC‘s ruling was an attack not just on an open internet, but on individuals, innovators and small businesses. We must make it completely clear: while the FCC may want to allow multinational corporations to price-gouge Americans and stifle innovation, they cannot get away with it in New York.

My legislation directs New York’s Public Service Commission (PSC)to establish a process for internet service providers (ISPs) to certify that they follow net neutrality principles. In order to make these certifications, the PSC will use federally-mandated reporting requirements on net neutrality, which require ISPs publicly disclose practices such as throttling. Using these federally mandated reporting requirements will ensure New York State is able to counteract the FCC’s ruling while avoiding federal preemption.

Further, the bill will require that New York State agencies, public authorities and municipalities only contract with ISPs certified by the PSC to follow net neutrality principles. This measure will use New York’s buying power as a large consumer of internet services to encourage ISPs to abide by net-neutrality principles.

The FCC‘s ruling was an attack not just on an open internet, but on individuals, innovators and small businesses. We need to send a strong message: if your business treats New Yorkers unfairly, New York will not do business with you. Our state is a hub of entrepreneurship, and we must leverage our telecom infrastructure and buying power in way that protects the internet as a medium for the free flow of ideas.

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Assemblymember Patricia Fahy

New York State Assemblymember Representing the 109th District, Including Albany, Bethlehem, Guilderland and New Scotland