2019 -- S 0040

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LC000293

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - INTERNET SERVICE PROVIDERS

- NET NEUTRALITY

     Introduced By: Senators DiPalma, Conley, Euer, Goldin, and Paolino

     Date Introduced: January 16, 2019

     Referred To: Senate Commerce

     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 and Internet Service Providers" is hereby amended by adding thereto the

following sections:

     39-19-10.2. Definitions.

     As used in this chapter:

     (1) "Broadband Internet access service" means 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 dialup Internet service. This term also encompasses any

service that the FCC 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) "Edge provider" means any individual or entity that provides any content, application

or service over the Internet, and any individual or entity that provides a device used for accessing

any content application or service over the Internet.

     (3) "Future contracts" means contracts awarded or renewed by any state agency on or

after July 1, 2019.

     (4) "Paid prioritization" means 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. Paid prioritization does not include the provision of

tiered Internet access service or offerings to a retail end user.

     (5) "State agency" means any department in the executive branch of state government and

any agency, authority, board, bureau, commission, division, institution, office, or other

instrumentality within or created by any such department, and any independent state authority,

commission, instrumentality, or agency over which the governor exercises executive authority.

     39-19-10.3. Internet service neutrality.

     The division of purchases within the department of administration (DOA), and all other

contracting units or officials of any state agency, shall require that all future contracts for fixed or

mobile broadband Internet access services be awarded only to service providers that adhere to

"net neutrality principles" established in § 39-19-10.4.

     39-19-10.4 Internet service neutrality.

     (a) For purposes of this section, adherence to "net neutrality principles" means that a

service provider shall not, with respect to any consumer in the state (including the state itself):

     (1) Block lawful content, applications, services, or nonharmful devices, subject to

reasonable network management that is disclosed to the consumer;

     (2) Throttle, impair, or degrade lawful Internet traffic based on Internet content,

application, or service, or use of a nonharmful device, subject to reasonable network management

that is disclosed to the consumer;

     (3) Engage in paid prioritization unless the state waives the ban as to particular purchased

or funded Internet access services if the state determines that the practice is in the public interest,

promotes public safety, or is otherwise not inconsistent with the purpose of this chapter; or

     (4) Unreasonably interfere with or unreasonably disadvantage either:

     (i) A customer's ability to select, access, and use broadband Internet access service or the

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lawful Internet content, applications, services, or devices of their choice; or

     (ii) An edge provider's ability to make lawful content, applications, services, or devices

available to a customer, subject to reasonable network management that is disclosed to its

customers.

     39-19-10.5. Implementation.

     (a) As soon as practicable, the division of purchases, with input from the division of

public utilities commission (DPUC), the emergency management administration (EMA), and the

division of information technology (DOIT), shall amend the state's procurement rules and

regulations as necessary and appropriate to comply with this directive, and issue such policies and

other guidance, and take such other steps as are determined to be necessary and appropriate, to

ensure that §§ 39-19-10.3 and 39-19-10.4 are appropriately implemented and enforced.

     (b) Waivers to these procedures may be granted by the director of the department of

administration only upon receipt of a written justification from a state agency and a finding by the

director that a waiver would serve a legitimate and significant interest of the state. The DPUC

shall resolve any dispute over the definition of terminology used in this chapter.

     (c) Each state agency that procures Internet, data and telecommunications services shall

cooperate with the division of purchases and the DPUC in implementing this chapter.

     (d) The DPUC, in consultation with the DOIT, shall evaluate and advise the governor on

potential actions to promote net neutrality to protect Rhode Islanders' access to a free and open

Internet.

     (e) Nothing in this chapter shall:

     (1) Supersede 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 limit the provider's ability to do so; or

     (2) Prohibit reasonable efforts by a provider of broadband Internet access service to

address copyright infringement or other unlawful activity; or

     (3) Be construed to supersede any federal, state or local law.

     SECTION 3. 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

***

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

requirements.

     This act would take effect upon passage.

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