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
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