2023 -- H 5432

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- COMMUNITY ANTENNA

TELEVISION SYSTEMS AND INTERNET SERVICE PROVIDERS

     Introduced By: Representatives Solomon, Kislak, and Morales

     Date Introduced: February 08, 2023

     Referred To: House Innovation, Internet, & Technology

     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. 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 dial-up Internet service. This term also encompasses any

service that the FCC finds to be providing a functional equivalent of broadband internet access

service, or any service or product 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, 2023.

     (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.

     (iii) 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.

     (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

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.

     (b) No service provider subject to the provisions of this chapter shall engage in any act that

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violates net neutrality principles.

     (c) Any service provider violating of the provisions of this chapter shall be subject to the

penalty provisions of chapter 13.1 of title 6 as a deceptive trade practice.

     39-19-10.4. Internet service neutrality - State purchases.

     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 § 39-19-10.3.

     39-19-10.5. Implementation.

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

commission, the division of public utilities and carriers, the emergency management administration

(EMA), and the division of information technology, 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 public

utilities commission 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 public utilities commission in implementing this

chapter.

     (d) The public utilities commission, in consultation with the division of information

technology, 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;

     (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.

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     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 -- COMMUNITY ANTENNA

TELEVISION SYSTEMS AND INTERNET SERVICE PROVIDERS

***

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

when providing Internet service to any consumer in this state or to the state and require anyone

seeking a state contract for Internet service to follow principles of net neutrality. Any service

provider violating net neutrality requirements would be subject to the penalty provisions for

deceptive trade practices listed in chapter 13.1 of title 6.

     This act would take effect upon passage.

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