DEPARTMENT: Information and Technology Services Department
DEPARTMENT HEAD: Craig Hopkins, Chief Information Officer
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT:
Report on Council Consideration Request (CCR) from Councilman Pelaez - Request to provide recommendations on the City's net neutrality and open internet access policies.
SUMMARY:
On April 3, 2018, Councilman Manny Pelaez submitted a CCR requesting a discussion of net neutrality and open internet access policies. Net neutrality is the idea, principle, or requirement that internet service providers (ISP enable access to all content and applications regardless of the source, and without favoring or blocking particular products or websites. The results of the research findings conducted by City staff will be presented at the October 23 Innovation and Technology Committee.
BACKGROUND INFORMATION:
The FCC's most recent order addressing net neutrality was adopted December 14, 2017 and released on January, 4 2018 (2018 Order). As noted below, in the 2018 Order, the FCC repealed the net neutrality rules adopted in 2015, and preempted state and local measures to regulate net neutrality.
a. State Preemption
The FCC specifically preempted any state or local measures that would: a) effectively impose rules or requirements repealed in the order as well as rules the FCC decided to refrain from imposing in the order; or b) impose more stringent requirements for any aspect of broadband service addressed in the order. The FCC also states that the Federal Trade Commission will police ISP privacy practices as well as investigate anticompetitive behavior by ISPs.
b. Net Neutrality Rules Repealed
The 2018 Order reversed the FCC's 2015 decision to classify broadband Internet access service as a "telecommunications service," and restored the "information service" classification that had been in effect for almost 20 years. Telecommunications services are regulated as common carrier services and ...
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