D.C. Memo: Pennsylvania Bill Calls ISPs 'Public Utilities'

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Net Neutrality: The pressure could be building on FCC Chairman Brendan Carr to defend his federal light-touch approach to broadband regulation against state encroachment. On Wednesday, two Pennsylvania Democrats introduced a Net Neutrality bill that would classify state-based ISPs like Comcast, Astound Broadband, and Service Electric as public utilities. “A new chapter would be added to Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes on ‘Internet Neutrality,’ and the definition of ‘public utility’ expanded to include the provision of Internet services,” said bill co-sponsor Rep. Ismail Smith-Wade-El, D-Lancaster. The lawmaker – who was joined by Rep. Elizabeth Fiedler, D-Philadelphia – said the bill was necessary after the U.S. Court of Appeals for the Sixth Circuit on Jan. 2 struck down the FCC’s Net Neutrality rules passed under then-FCC Chairwoman Jessica Rosenworcel over Carr’s strong opposition. “The tech oligarchy is trying to drive up our Internet costs, making a ‘fair and fast’ Internet available only to the rich,” Smith-Wade-El said. “My legislation would fight back against their monopoly, making it illegal for ISPs to block lawful Internet content, impede Internet traffic or otherwise engage in any activity that would negatively affect the Internet experience of Pennsylvania subscribers.” According to NCTA – The Internet & Television Association, in 2024 “almost all Americans currently have access to broadband services at 100/20 Mbps speeds and more than 66% of Americans have access to two or more such providers …” Several states have enacted Net Neutrality laws, including California, Colorado, Maine, Oregon, Vermont, and Washington.