SPONSOR:

Sen. Delcollo & Sen. Richardson & Sen. Townsend & Rep. Briggs King & Rep. Bennett

Sens. Hansen, Sokola; Reps. Baumbach, Brady, Gray, J. Johnson, Lynn, B. Short, Viola, K. Williams, Wilson

DELAWARE STATE SENATE

149th GENERAL ASSEMBLY

SENATE CONCURRENT RESOLUTION NO. 44

OPPOSING THE FEDERAL COMMUNICATIONS COMMISSION’S REPEAL OF NET NEUTRALITY RULES INTENDED TO PROTECT CONSUMERS AND ENSURE FAIR AND REASONABLE ACCESS TO THE INTERNET.

WHEREAS, a large majority of Delawareans actively use the internet; and

WHEREAS, all levels of government provide public information, resources, and access to government services on the internet; and

WHEREAS, the internet is an essential tool for individuals and businesses to conduct commerce, communicate, educate, entertain, and engage in the world around them; and

WHEREAS, equitable information access cannot be achieved without regulated net neutrality to provide internet openness;

WHEREAS, specific practices such as blocking, throttling, and paid prioritization are known to be harmful to internet openness; and

WHEREAS, paid prioritization means that persons who publish content to the internet (“publishers”) can pay internet service providers for priority availability to internet consumers over the websites of publishers who cannot afford to pay; and

WHEREAS, without net neutrality, publishers can pay internet service providers for preferential services such as blocking, throttling, and prioritization; and

WHEREAS, without net neutrality, publishers who can pay for blocking, throttling, and prioritization can outcompete individuals and small businesses to the point where publishers who cannot pay are effectively silenced; and

WHEREAS, without net neutrality, internet consumers will only have access to information on the internet that is filtered by the publisher’s ability to pay; and

WHEREAS, open access to share and receive information is an important tool for maintaining a functional, democratic society and open access is impossible when information is available according to the publisher’s ability to pay for preferential services offered by internet service providers; and

WHEREAS, without net neutrality, internet service providers can deceive consumers, degrade content, or disfavor the content that the provider does not like; and

WHEREAS, without net neutrality, internet consumers are denied fair and reasonable access to the internet, which significantly impairs their ability to participate fully in our democratic society and develop new businesses; and

WHEREAS, on December 14, 2017, the Federal Communications Commission adopted an order repealing net neutrality rules it adopted in 2015.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 149th General Assembly of the State of Delaware, the House of Representatives concurring therein, that the 149th General Assembly opposes the Federal Communications Commission’s repeal of net neutrality rules.

BE IT FURTHER RESOLVED that 149 th General Assembly urges the United States Congress to do one of the following:

(1) Review the Federal Communications Commission’s repeal of net neutrality rules, as permitted under the Congressional Review Act, 5 U.S.C. § 801, within 60 days of receipt of the Commission’s order, in compliance with the Congressional Review Act’s 60-day initiation period requirement under 5 U.S.C. § 802.

(2) Enact legislation to require that net neutrality be reinstated and preserved.

BE IT FURTHER RESOLVED that the 149 th General Assembly directs the Secretary of the Senate to send suitable copies of this Resolution to the Speaker of the U.S. House of Representatives, U.S. House of Representatives Minority Leader, U.S. Senate Majority Leader, U.S. Senate Minority Leader, and the Members of Delaware’s Congressional Delegation.

SYNOPSIS

This Concurrent Resolution does all of the following:

(1) Expresses the General Assembly’s opposition to the Federal Communications Commission’s repeal of net neutrality rules (“the repeal”).

(2) Urges the United States Congress to either review the repeal as permitted under the Congressional Review Act, within 60 days of receipt of the Federal Communications Commission’s order as required by the Act, or enact legislation reinstating and requiring the preservation of net neutrality.

(3) Requests that the Secretary of the Senate to send copies of this Resolution to the Speaker of the U.S. House of Representatives, U.S. House of Representatives Minority Leader, U.S. Senate Majority Leader, U.S. Senate Minority Leader, and the Members of Delaware's Congressional Delegation.

Author: Senator Delcollo