2018 -- H 7422

========

LC003674

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- THE NET NEUTRALITY

PROTECTION ACT OF 2018

     Introduced By: Representatives Regunberg, O`Grady, Ruggiero, Ajello, and Filippi

     Date Introduced: February 02, 2018

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

CARRIERS" is hereby amended by adding thereto the following chapter:

CHAPTER 19.1

THE NET NEUTRALITY PROTECTION ACT OF 2018

     39-19.1-1. Purpose.

     In the course of its regular obligations, a state or municipality may be involved in the

purchase and/or funding of broadband Internet access services.

     Specifically, the state or municipality may purchase Internet access services as the direct

end user of those services, such as when it purchases them for use by government employees at a

state or municipal agency. The state or municipality may also purchase Internet access services

for the benefit of nongovernmental end users, such as through the provision of public Wi-Fi

access or Internet access services at a public school or library. Finally, the state or municipality

may provide grant funds to a public-benefit entity, such as a local nonprofit, so it may purchase

Internet access services for its own employees and/or clients. In each instance, a state or

municipality's objectives as the direct purchaser or funder of such Internet access services cannot

be achieved where those access services are provided in a biased manner; to wit, the Internet

access service provider may unilaterally decide to favor certain Internet content over other

content. Such content discrimination risks impeding the end users of the state or municipality

purchased or funded Internet access services from receiving full, fair, accurate, and equal access

to all Internet content, from which they can arrive at independent decisions as to what information

they favor.

     Internet access services that fail to provide unbiased access to the Internet, through a

commitment to the net neutrality principals detailed below, fall far short of satisfying the state or

municipality's interests in purchasing or funding such services.

     The purpose of this chapter is to ensure that any Internet access services purchased or

funded by the state or municipality are provided in an unbiased manner, consistent with net

neutrality principles, so as to meet the state or municipality's minimum standards as the purchaser

or funder of such services.

     39-19.1-2. Definitions.

     (1)“Broadband Internet access service” shall mean a mass-market retail service by wire

or radio that provides the capability to transmit data to and receive data from all or substantially

all Internet endpoints, including any capabilities that are incidental to and enable the operation of

the communications service, but excluding dial-up Internet access service. This term also

encompasses any service that the commission finds to be providing a functional equivalent of the

service described in the previous sentence, or that is used to evade the protections set forth in this

chapter.

     (2)‘‘Content, applications, and services'' shall mean all traffic transmitted to or from end

users of a broadband Internet access service, including traffic that may not fit clearly into any of

these categories.

     (3) “Edge provider” shall mean any person or entity that provides any content,

application, or service over the Internet, and any person or entity that provides a device used for

accessing any content, application, or service over the Internet.

     (4) “End user” shall mean any person or entity that uses a broadband Internet access

service.

     (5) “Fixed broadband Internet access service” shall mean a broadband Internet access

service that serves end users primarily at fixed endpoints using stationary equipment. Fixed

broadband Internet access service includes fixed wireless services (including fixed unlicensed

wireless services), and fixed satellite services.

     (6) “Mobile broadband Internet access service” shall mean a broadband Internet access

service that serves end users primarily using mobile stations.

LC003674 - Page 2 of 6

     (7) ‘‘Paid prioritization'' shall mean the management of a broadband Internet access

service provider's network to directly or indirectly favor some traffic over other traffic, including

through use of techniques such as 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.

     (8) “Reasonable network management” shall mean a network management practice is a

practice that has a primarily technical network management justification, but does not include

other business practices. A network management 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

     39-19.1-3. Prohibition on purchasing or funding biased broadband Internet access

services.

     Except as otherwise prohibited by law, neither the state or a municipality, nor any agency

or subdivisions thereof, shall:

     (1) Purchase any fixed or mobile broadband Internet access services that are not in full

compliance with the provisions of this chapter; or

     (2) Provide funding for the purchase of any fixed or mobile broadband Internet access

services that are not in full compliance with the provisions of this chapter.

     39-19.1-4. Transparency.

     A person or entity engaged in the provision of fixed or mobile broadband Internet access

services purchased or funded by the state or a municipality shall publicly disclose accurate

information regarding the network management practices, performance, and commercial terms of

its broadband Internet access services sufficient for end users of those purchased or funded

services, including the state or a municipality, to fully and accurately ascertain if the service is in

compliance with the provisions of this chapter.

     39-19.1-5. No blocking.

     A person or entity engaged in the provision of fixed or mobile broadband Internet access

services purchased or funded by the state or municipality, insofar as such person or entity is so

engaged, shall not block lawful content, applications, services, or non-harmful devices, subject to

reasonable network management.

     39-19.1-6. No throttling.

     A person or entity engaged in the provision of fixed or mobile broadband Internet access

services purchased or funded by the state or municipality, insofar as such person or entity is so

engaged, shall not impair or degrade lawful Internet traffic on the basis of Internet content,

LC003674 - Page 3 of 6

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

management.

     39-19.1-7. No paid prioritization.

     A person or entity engaged in the provision of fixed or mobile broadband Internet access

services purchased or funded by the state or municipality, insofar as such person or entity is so

engaged, shall not engage in paid prioritization. The state or municipality may waive the ban on

paid prioritization as to a particular purchased or funded Internet access services only if the

petitioner demonstrates that the practice would provide some significant public interest benefit

and would not harm the open nature of the provided Internet access services.

     39-19.1-8. Unreasonable interference of unreasonable discrimination.

     Any person or entity engaged in the provision of fixed or mobile broadband Internet

access services purchased or funded by the state or municipality, insofar as such person or entity

is so engaged, shall not unreasonably interfere with or unreasonably disadvantage end users'

ability to select, access, and use broadband Internet access service or the lawful Internet content,

applications, services, or devices of their choice, or edge providers' ability to make lawful

content, applications, services, or devices available to end users. Reasonable network

management shall not be considered a violation of this rule.

     39-19.1-9. Other laws and considerations.

     Nothing in this chapter supersedes any obligation or authorization a provider of fixed or

mobile broadband Internet access service may have to address the needs of emergency

communications or law enforcement, public safety, or national security authorities, consistent

with or as permitted by applicable law, or limits the provider's ability to do so. Nothing in this

chapter prohibits reasonable efforts by a fixed or mobile provider of broadband Internet access

service to address copyright infringement or other unlawful activity.

     39-19.1-10. Monopoly exception.

     Notwithstanding the provisions of this chapter, it shall not be a violation of this chapter

for the state or municipality, or an agency or subdivisions thereof, to purchase or fund fixed

broadband Internet access services in a geographic location where such services are only

available from a single broadband Internet access service provider.

     39-19.1-11. Severability.

     The provisions in this chapter are severable. If any part or provision of this chapter, or the

application of this chapter to any person or circumstance, is held invalid, the remainder of this

chapter, including the application of such part or provisions to other persons or circumstances,

shall not be affected by such holding and shall continue to have force and effect.

LC003674 - Page 4 of 6

     SECTION 2. This act shall take effect upon passage.

========

LC003674

========

LC003674 - Page 5 of 6

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- THE NET NEUTRALITY

PROTECTION ACT OF 2018

***

     This act would establish the Net Neutrality Protection Act of 2018, prohibiting

unreasonable interference with or unreasonably disadvantaging end users' ability to select, access,

and use broadband Internet access service or the lawful Internet content, applications, services, or

devices of their choice, or edge providers' ability to make lawful content, applications, services,

or devices available to end users.

     This act would take effect upon passage.

========

LC003674

========

LC003674 - Page 6 of 6