Public Knowledge backs H.11, urging Vermont net neutrality, fee and data‑cap rules

John Bergmeier, legal director at the nonprofit Public Knowledge, told the House Energy and Digital Infrastructure Committee on March 18 that H.11, the Vermont Broadband Consumer Protection and Competition Act, would require internet service providers to deliver the speeds and performance they advertise and would strengthen protections for consumers.

Bergmeier said Vermont consumers face “real risks from unfair practices by broadband providers” and that the bill addresses several areas where state law can protect customers now that federal authority is uncertain. “Providers must deliver the speeds and performance they advertise,” he said, and the bill would give the attorney general authority to define and enforce rules on fees and billing practices.

The bill would also limit or prohibit data caps that have no clear network‑management justification and would codify net neutrality principles at the state level. Bergmeier described the certification currently required for state contractors as useful but said the law should make substantive net neutrality obligations clearer for all ISPs that operate in Vermont. “It would be more straightforward to me to just have the provisions just be substantively stated more clearly to just apply to all broadband ISPs that operate in that state,” he told committee members.

Bergmeier recommended that, after passage, the attorney general adopt clear rules distinguishing justified fees (those reflecting actual costs) from unjustified “below‑the‑line” charges. He said that mandatory equipment charges or fees that consumers cannot avoid should be included in advertised price or justified by cost, and that optional fees should reflect actual costs or be comparable to third‑party options.

Committee members asked about the bill’s net neutrality provisions, how throttling or prioritization can affect consumer choice, and how states such as California and New York have litigated similar rules. Bergmeier described a shifting federal legal landscape — including prior FCC reclassification and recent appellate decisions — and said the uncertainty makes state action more important. He also urged consumer outreach so residents understand their rights and know how to file complaints.

Bergmeier flagged several ancillary issues in his testimony: the importance of broadband reliability during emergencies, suggestions for resilience measures (for example, backup power), and the need for affordability measures such as low‑cost service tiers or discounts for low‑income households. He said strong consumer protections are of limited value if people cannot afford service.

No committee action or vote on H.11 occurred during the March 18 hearing; the record shows the session was used for ongoing testimony and questions.

What the testimony covered: the need to require advertised speeds; restrictions or elimination of unjustified data caps; clearer, statewide net neutrality obligations beyond contract‑certification for state vendors; AG rulemaking on billing/fees; emergency reliability and resilience; and affordability measures.