Kavulla calls governor's net neutrality order 'worrisome'

HELENA — The vice chair of the state’s Public Service Commission said Gov. Steve Bullock’s executive order stipulating internet neutrality for state contracts sets a “worrisome” precedent that could come back to haunt Montana officials.

And Travis Kavulla said the governor made his decision without consulting with the PSC, which regulates utilities in Montana.

His comments sparked a strong response from the Democratic governor’s office, which said Bullock did have the authority to set rules in contracts.

Kavulla, whose District 1 includes Great Falls and much of northeastern and northcentral Montana, described Bullock’s announcement as a political stunt.

He said there was nothing in the law that gives the governor, or any state official, “including myself,” the power to make this kind of regulation. And he said he found it “strange” that the order did not cite any statute or rule.



Ronja Abel, the governor’s communications director, said the executive branch has the authority to set the terms of its own contracts.

“I think if that last year has taught us anything, it’s that political stunts happen on twitter. Real policy comes from state houses,” she said. “The reality is that the vast majority of Americans — including Republicans — don’t want internet service providers to pick and choose what they can see on the internet.”

Kavulla tweeted comments reflecting his thoughts soon after the governor’s announcement was made Monday.

Kavulla, a Republican serving his last term on the PSC, asked what would be the reaction if a conservative governor were to issue this kind of executive order regarding contracts based on the availability of abortion services.

Bullock signed an executive order Monday requiring telecommunications companies with state contracts to follow internet neutrality principles, saying Montana would continue expectations about a “free and open Internet” and provided a template for his order for other states to follow his lead.

The executive order, to be effective July 1, directs the Department of Administration must incorporate into the state procurement process that internet, data and telecommunications contractors doing business with the state follow net neutrality principles.

New York Democratic Gov. Andrew Cuomo followed Montana’s lead and signed an executive order Wednesday requiring internet providers to observe net neutrality or risk losing eligibility for state contracts.

“We’ve been in touch with over a dozen other states considering following suit,” Abel said.

In December, the Federal Communications Commission repealed the Obama-era “net neutrality” rules halting a principle that said all web traffic must be treated equally.

The move reportedly gives internet service providers like Verizon, Comcast and AT&T the ability to slow or block websites and apps as they see fit or charge more for faster speeds.

Some fear there will be some control as to what people see and do online. But the broadband industry has reportedly promised that the internet experience for the public isn’t going to change.



Kavulla said Bullock, “with the stroke of a pen,” on Monday gave an agency with no telecommunications regulatory authority the power to regulate the internet. He asked what would happen if the provider selected was not the lowest and best price for Montanans.

Kavulla, who wrote a July 13 article opposed to net neutrality for The National Review, said Bullock’s announcement, though “well-intentioned,” was “something of an overreach and No. 2, it’s kind a stunt.”

“Net neutrality is a politically popular policy and functions well as a bumper sticker,” he said, but added the real objection is that to accomplish net neutrality you have to subject the internet to public utility regulation.

And, on twitter, he warned: “People who support this stunt are losing sight of the dangerous precedent set by an executive pre-conditioning state procurement on corporate behavior that fits a given politician's whims.”

According to its website, the five elected PSC members oversee service from regulated public utilities. Regulated utilities include private investor-owned natural gas, electric, telephone, water and sewer companies. The PSC also regulates some motor carriers, and oversees natural gas pipeline safety and intrastate railroad safety.

Kavulla said the PSC was never approached by the governor about the executive order. He said there has been no discussion among PSC members about the governor’s action and that these comments reflect his own opinion.

Abel said that was not necessary and the PSC does not have jurisdiction over state information technology contracting practices.

“That’s the province of the Department of Administration, in the executive branch,” she stated in an email.

“There’s vast and intense bipartisan support for protecting net neutrality,” Abel said.