2018 -- H 7076

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LC003299

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - INTERNET SERVICE PROVIDERS

- NET NEUTRALITY

     Introduced By: Representatives Kennedy, Abney, Shekarchi, Serpa, and Marshall

     Date Introduced: January 10, 2018

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 39-19 of the General Laws entitled "Community

Antenna Television Systems" is hereby amended to read as follows:

CHAPTER 39-19

Community Antenna Television Systems

CHAPTER 39-19

COMMUNITY ANTENNA TELEVISION SYSTEMS AND INTERNET SERVICE

PROVIDERS

     SECTION 2. Chapter 39-19 of the General Laws entitled "Community Antenna

Television Systems" is hereby amended by adding thereto the following sections:

     39-19-10.2. Internet service neutrality requirements in certain procurement

contracts.

     Notwithstanding any other provision of law to the contrary, where a contract that includes

Internet connection services is to be awarded by a state agency, public authority or municipality

pursuant to a competitive bidding process or a request for proposal process, such competitive

bidding process or request for proposal and the subsequent awarded contract shall require that

such Internet connection services are compliant with the Internet service neutrality requirements

established in §39-19-10.3.

     39-19-10.3. Internet service neutrality.

     (a) For purposes of this section:

      (1) "Internet service provider" means any person, business or organization qualified to

do business in this state, including municipal broadband providers that provides individuals,

corporations, or other entities with the ability to connect to the Internet.

     (b) The division of public utilities and carriers shall certify annually that any Internet

service provider qualified to do business in this state, does not:

     (1) Block lawful content, applications, services, or non-harmful devices, subject to

reasonable network management;

     (2) Impair or degrade lawful Internet traffic on the basis of Internet content, application,

or service, or use of a non-harmful device, subject to reasonable network management; or

     (3) Engage in paid prioritization, including, but not limited to, traffic shaping,

prioritization, resource reservation, or other forms of preferential traffic management, either:

     (i) In exchange for consideration (monetary or otherwise) from a third party; or

     (ii) To benefit an affiliated entity.

     (2) "Reasonable network management" means a network management practice that has a

primarily technical network management justification, but does not include other business

practices. A network practice is reasonable if it is primarily used for and tailored to achieving a

legitimate network management purpose, taking into account the particular network architecture

and technology of the broadband Internet access service.

     SECTION 3. Section 39-19-6 of the General Laws in Chapter 39-19 entitled "Community

Antenna Television Systems" is hereby amended to read as follows:

     39-19-6. Jurisdiction of division.

     The division shall supervise and regulate every CATV company operating within this

state so far as may be necessary to prevent the operation from having detrimental consequences to

the public interest, and for this purpose may promulgate and enforce such reasonable rules and

regulations as it may deem necessary with reference to issuance of certificates, territory of

operation, abandonment of facilities, elimination of unjust discrimination among subscribers,

financial responsibility, and insurance covering personal injury and property damage, safety of

equipment and operation and filing of reports. No certificates shall be issued or remain valid

unless the applicant has filed with the division and revised to keep current a schedule of rates and

charges for its services. The rates and charges shall be reasonably compensatory so as not to

encourage unfair or destructive competitive practices and shall be applied without discrimination.

The cable television section of the division of public utilities and carriers shall take all necessary

steps to ensure that Rhode Island shall regulate the rates charged by cable television companies to

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the full extent allowable under federal law, provided however, the division shall hold public

hearings and the cable television companies shall justify and explain at the hearings the necessity

for all rate increases of regulated rates. This section shall constitute authority to make any and all

certifications to the federal communications commission required under the Cable Television

Consumer Protection and Competition Act of 1992, Public Law 102-385. The division shall also

supervise and regulate every Internet service provider operating within this state in regard to

Internet service neutrality requirements as set forth in this chapter.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - INTERNET SERVICE PROVIDERS

- NET NEUTRALITY

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     This act would require Internet service providers to follow Internet service neutrality

requirements.

     This act would take effect upon passage.

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