Senate Bill #2008 (2018)

AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS - INTERNET SERVICE PROVIDERS - NET NEUTRALITY

Requires Internet service providers to follow Internet service neutrality requirements.

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Changes since original draft

  • 2018 – S 2008
  • 2018 – S 2008 SUBSTITUTE A
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  • LC003243
  • LC003243/SUB A
  • ========
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO PUBLIC UTILITIES AND CARRIERS - INTERNET SERVICE PROVIDERS
  • - NET NEUTRALITY
  • Introduced By: Senators DiPalma, Pearson, Calkin, Goldin, and Miller
  • Date Introduced: January 11, 2018
  • 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" 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:
  • 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, 2018.
  • (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.
  • (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 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. ======== LC003243 ========
  • (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 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.
  • ========
  • LC003243/SUB A
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • 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. ======== LC003243 ========
  • This act would take effect upon passage. ======== LC003243/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

June 19, 2018 at 5:12pm
Yeas: 36 / Nays: 0 / Not voting: 1 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan NV
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y