New Jersey Assembly Bill A3028

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Directs BPU to prohibit Internet service providers from installing broadband telecommunications infrastructure on certain poles or underground facilities unless Internet service providers adhere to principle of "net neutrality."

Impact

If enacted, A3028 would require the New Jersey Board of Public Utilities to enforce stringent guidelines concerning ISPs' network management practices. This would include the public disclosure of network performance and commercial terms to customers, ensuring that users can access lawful content without undue interference. The implications of this legislation could help foster fair competition among ISPs while safeguarding consumer rights. The bill underscores the state's commitment to maintaining an open internet, a principle that has been the subject of significant legislative debate in recent years.

Summary

Assembly Bill A3028 aims to regulate the installation of broadband telecommunications infrastructure by Internet service providers (ISPs) in New Jersey, specifically addressing concerns related to net neutrality. The bill mandates that ISPs must not engage in practices that favor certain data traffic over others, a concept known as 'paid prioritization'. This prohibition is intended to ensure that all internet content and services remain accessible to customers without discrimination or degradation of service quality. The bill defines parameters related to 'paid prioritization' and establishes the prerequisites for ISPs wishing to install broadband infrastructure on public utilities' facilities.

Contention

While the bill enjoys support from various consumer advocacy groups citing the need for consumer protection in internet access, there are notable concerns from some industry stakeholders. Opponents argue that the restrictions imposed by A3028 could hinder investment in broadband infrastructure and lead to increased operational costs for ISPs. This point of contention highlights the ongoing struggle between regulatory oversight intended to protect consumers and the market's need for flexibility and growth in the fast-evolving telecommunications sector.