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NATIONAL HISPANIC
CAUCUS OF STATE
LEGISLATORS CALLS ON
CONGRESS AND THE FCC
TO DRAFT LEGISLATION
AND REGULATION TO
ENCOURAGE THE RAPID
DEPLOYMENT OF
BROADBAND NETWORKS
WITHOUT NET
NEUTRALITY
AMENDMENTS
WHEREAS, the FCC has
crafted sufficient
Internet protection
principles, released
with the 2005 Policy
Statement
deregulating
broadband;
WHEREAS, the
exponential growth
of the Internet has
flourished as a
result of both the
government’s ‘hand’s
off’ approach, ever
increasing
competition, and
driving consumer
interest, and
WHEREAS, regulation
of the Internet may
interfere with
future investment
and innovations
benefiting the
health and well-being
of its end user
customers, including
the Hispanic
community and
WHEREAS, Internet
users should be
given a choice when
it comes to
selecting a
broadband connection
that will meet their
current and future
needs for speed,
reliability, quality
of service, and
capabilities not yet
envisioned, and
WHEREAS, broadband
connections,
services, and
applications should
continue to become
more affordable and
accessible to all
consumers, and
WHEREAS, consumers
have benefited from
the Internet access
providers’
investment in
broadband networks
that have fueled
such innovations as
downloading music,
instant messaging,
internet telephony,
and e-commerce for
such items as books
and autos, and
WHEREAS, consumers
will continue to
benefit from the
investment in
broadband networks
that are faster,
less susceptible to
hackers and
spammers, and allow
consumers more
access and
innovative services,
such as at-home
health monitoring or
an online movie
rental company
empowered to deliver
its products with
security and privacy
ensured, and
WHEREAS, consumers
should determine how
content and services
are delivered over
the Internet, and
WHEREAS, as long as
consumers are free
to take or reject
any option, Internet
access providers
should be free to
offer new service
and pricing options,
and
WHEREAS, innovation
to meet consumer
demand should be
encouraged, so that
consumers experience
the best Internet
possible, and
WHEREAS, companies
that invest in
broadband and
broadband-related
applications should
be afforded the
flexibility to
explore fair and
competitive business
models and pricing
plans for their
products and
services, and
WHEREAS, mandated
net neutrality
regulations would
impede future
capital investments
in the U.S.’
broadband
infrastructure,
which already lags
behind its European
and Asian
counterparts, and
WHEREAS, according
to a 2006
International
Telecommunications
Union (ITU) study of
2004 data, the U.S.
ranked 16th in
broadband
penetration and
could decline
further as proposed
net neutrality
regulations places
more of the cost
burden onto the end
user, exacerbating
an already
disturbing trend of
a ‘digital divide’
within our country.
THEREFORE, LET IT BE
RESOLVED, that the
National Hispanic
Caucus of State
Legislatures calls
upon the Congress of
the United States of
America to refrain
from legislation
that would regulate
the Internet and to
maintain today’s
approach that allows
the competitive
marketplace to drive
broadband and
broadband-related
applications
development and
deployment free from
governmental
regulation.
BE IT FURTHER
RESOLVED that, in
the event
Congressional
legislative action
is deemed warranted,
that the Congress
should avoid
adopting new rules
and limit such
action to providing
the FCC with
authority to
oversee, but not
proactively
intervene in, the
broadband Internet
marketplace by
adopting principles
that focus on
assessing whether
the market continues
to ensure that
consumers can:
(1) receive
meaningful
information
regarding their
broadband service
plans;
(2) have access to
their choice of
legal Internet
content, subject to
the limits on
bandwidth and
quality of service
of their service
plan;
(3) run applications
of their choice,
subject to the needs
of law enforcement
and the limits on
bandwidth limits and
quality of service
of their service
plans, as long as
they do not harm the
provider’s network
or interfere with
other consumers’ use
of the broadband
service; and
(4) be permitted to
attach any devices
they choose to their
broadband connection
at the consumer’s
premise, so long as
they operate within
the limits on
bandwidth and
quality of service
of their service
plans and do not
harm the provider’s
network, interfere
with other
consumers’ use of
the broadband
service, or enable
theft of services:
and
BE IT FURTHER
RESOLVED BY the
Fourth National
Summit of the
National Hispanic
Caucus of State
Legislators, that a
copy of this
resolution be sent
to the President of
the United States,
members of Congress
and the members of
the Federal
Communications
Commission.
This resolution was
adopted this
November 18, 2006,
at the National
Hispanic Caucus of
State Legislators
Executive Committee
& BBA Annual Meeting
held in San Juan,
Puerto Rico.
Assemblyman Felix W.
Ortiz, NY
NHCSL President |
