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Resolution 2019-30993 RESOLUTION NO. 2019-30993 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE, IN PROCURING FOR INTERNET SERVICE PROVIDERS AND BROADBAND SERVICES, TO CONSIDER ONLY CONTRACTING WITH ENTITIES THAT AGREE TO UPHOLD NET NEUTRALITY, OR INSTITUTE REGULATION REQUIRING INTERNET SERVICE PROVIDERS TO TREAT ALL DATA TRAFFIC INDISCRIMINATELY, AND BE RESTRICTED FROM BLOCKING, SLOWING DOWN OR SPEEDING UP THE DELIVERY OF ONLINE CONTENT AT THEIR DISCRETION. WHEREAS, Net Neutrality is a concept that all data traffic on a network should be treated indiscriminately, where Internet Service Providers ("ISP") would be restricted from blocking, slowing down or speeding up the delivery of online content at their discretion; and WHEREAS, in 2015, the Federal Communications Commission ("FCC") passed a sweeping Net Neutrality order, preventing ISPs from blocking and prioritizing of any internet traffic; and WHEREAS, in 2017, the FCC voted to overturn its previous order, allowing broadband providers to block or throttle content as they see fit; and WHEREAS, at the September 11, 2019 City of Miami Beach Commission Meeting, Commissioner Michael Gongora introduced a discussion item regarding Net Neutrality written into City Procurement documents; and WHEREAS, it was discussed that Net Neutrality is important because ISPs blocking, slowing down, or speeding up the delivery of online content at their discretion can affect Public Safety Personnel and First Responder's timely access to crucial information when seconds matter, and thereby jeopardizes the safety of the public; and WHEREAS, it was also discussed that several other states like California, Colorado, Oregon, Vermont, and .Washington are incorporating regulations in their procurement documents stating that they will only contract with providers that agree not to block or slow down websites, or offer faster services in exchange for an extra fee, thereby achieving Net Neutrality; and WHEREAS, Net Neutrality regulations at the state level have been challenged and upheld in many states such as New Jersey, California, and Massachusetts; and WHEREAS, in addition, several states and ISPs have challenged the FCC's 2017 order which overturned the 2015 Net Neutrality order in Federal Court; and WHEREAS, on October 1, 2019, just three weeks after the City Commission Meeting, the District of Columbia Circuit Court of Appeals ruled that the FCC cannot block state or local-level Net Neutrality enforcement; and WHEREAS, at the conclusion of the discussion at the September 11, 2019 City Commission meeting, the City Commission voted unanimously in favor of the motion made by Commissioner Michael Gongora to approve a resolution urging the State of Florida to adopt procurement regulations with Net Neutrality. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge the Florida Legislature, in procuring for internet service provider and broadband services, to consider only contracting with entities that agree to uphold Net Neutrality, or institute regulation requiring Internet Service Providers to treat all data traffic indiscriminately and be restricted from blocking, slowing down or speeding up the delivery of online content at their discretion. PASSED AND ADOPTED this 11th day of Septe.• ,- - I • �.'IIS, ATTEST: ....if.' , .q` ,,.yor Dan Gelber -2 * INCORP ORATED..E RafaelIGranad , City Clerk Sponsored by Commissioner Michael Gongora APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorneyit Date New Business and Commission Requests - R9 U •MIAMI BEACAM f COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Michael Gongora DATE: September 11, 2019 SUBJECT: DISCUSSION REGARDING NET NEUTRALITY WRITTEN INTO CITY PROCUREMENT. ANALYSIS Please place on the September 11 Commission agenda, a discussion regarding net neutrality written into City Procurement process. This would require any Internet Service Provider selling product to the City of Miami Beach to agree to follow net neutrality principles. New York, California, and cities around the country have adopted this rule it would 'force' AT&T, Verizon, etc. to follow net neutrality - or we take our business elsewhere. Please feel free to contact Diana Fontani should you have any questions regarding this item. Applicable Area Citywide Is this a Resident Right to Does this item utilize C.O. Know item? Bond Funds? Yes No Legislative Tracking Commissioner Michael Gongora Page 2197 of 2333