Jan. 11—Should New Mexico be more concerned about net neutrality? Not necessarily, a local academic says, but it will become a more prominent issue in the future.
Earlier this month, the U.S. Court of Appeals struck down the Federal Communications Commission’s rules on net neutrality, which require that internet service providers treat all internet traffic equally — i.e., they can’t slow down, block or charge extra for the internet.
The rules were part of the Biden administration’s push to treat the internet as an essential service. Meanwhile, incoming FCC chair appointee Brendan Carr applauded the court’s decision to do away with net neutrality.
But that doesn’t mean New Mexico can’t adopt its own net neutrality laws.
The state could seek benefits through it, such as boosting fair and affordable internet access in rural communities, said Joshua Kastenberg, a professor at the University of New Mexico School of Law.
The federal ruling happened in the 6th Circuit based in Cincinnati and New Mexico falls under the 10th Circuit, Kastenberg explained. So it’s not necessarily an issue now, he said, “but it will become an issue in the state.”
More broadly, Kastenberg anticipates a “50-state patchwork of different regulations” on net neutrality down the line.
In Washington, net neutrality has become an issue of the power of the federal government, he said.
“(There) was never an argument on whether rural people or poor people should have broadband or not but rather which sovereign should have the authority to mandate that,” Kastenberg said, referencing old-school Republicans who believe regulation belongs at the state level.
Politicians in New Mexico could codify net neutrality to show the public there’s still bipartisan support out there, Kastenberg added, especially “in a day and age where the parties aren’t getting along particularly well.”
But the issue isn’t really on the state’s priority list at the moment.
The federal ruling doesn’t really impact New Mexico or the Office of Broadband Access and Expansion, said OBAE Acting Director Drew Lovelace. His office has been working to get reliable internet to everyone, including rural and tribal communities that have historically lacked it.
“Our primary role is to issue awards for broadband infrastructure and deployment and to oversee projects across the state,” Lovelace told the Journal.
Still, Kastenberg could see New Mexico at some point mandating net neutrality.
“I don’t think anybody wants to be shut out from the world,” he said. ” There may be some arguments about whether the state of New Mexico has the authority to do that, or whether free enterprise trumps any state constitutional authority whatsoever. But that, to me, is going to be more on the fringe.”
There would still be difficulties.
“We may be able to accomplish the things that the Biden administration wanted to accomplish, would do it better at our local level. … Now that takes willpower, and it takes know-how, and it takes the ability to muscle the internet providers to do that,” Kastenberg said.