2021 -- H 5054

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LC000483

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- INTERNET SERVICE PROVIDERS

-- NET NEUTRALITY

     

     Introduced By: Representatives Solomon, Kazarian, and Noret

     Date Introduced: January 22, 2021

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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

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Television Systems" is hereby amended to read as follows:

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CHAPTER 39-19

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Community Antenna Television Systems

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CHAPTER 39-19

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COMMUNITY ANTENNA TELEVISION SYSTEMS AND INTERNET SERVICE

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PROVIDERS

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

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

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sections:

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     39-19-10.2. Definitions.

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     As used in this chapter:

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     (1) "Broadband Internet access service" means a mass-market retail service by wire or radio

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

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

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communications service, but excluding dialup Internet service. This term also encompasses any

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service that the FCC finds to be providing a functional equivalent of the service described in the

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previous sentence, or that is used to evade the protections set forth in this chapter.

 

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     (2) "Edge provider" means any individual or entity that provides any content, application

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

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any content application or service over the Internet.

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

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July 1, 2021.

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     (4) "Paid prioritization" means the management of a broadband Internet access service

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

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use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of

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preferential traffic management, either:

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

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     (ii) To benefit an affiliated entity. Paid prioritization does not include the provision of tiered

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Internet access service or offerings to a retail end user.

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

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

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

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

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     39-19-10.3. Internet service neutrality.

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

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

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

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

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     39-19-10.4 Internet service neutrality.

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

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

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

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reasonable network management that is disclosed to the consumer;

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

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

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that is disclosed to the consumer;

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

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

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

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     (4) Unreasonably interfere with or unreasonably disadvantage either:

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     (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

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

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

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customers.

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     39-19-10.5. Implementation.

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

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

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

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necessary and appropriate to comply with this directive, and issue such policies and other guidance,

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and take such other steps as are determined to be necessary and appropriate, to ensure that §§ 39-

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19-10.3 and 39-19-10.4 are appropriately implemented and enforced.

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

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

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

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

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

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

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

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

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Internet.

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     (e) Nothing in this chapter shall:

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     (1) Supersede any obligation or authorization a provider of fixed or mobile broadband

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Internet access service may have to address the needs of emergency communications or law

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enforcement, public safety, or national security authorities, consistent with or as permitted by

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applicable law, or limit the provider's ability to do so; or

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

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copyright infringement or other unlawful activity; or

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     (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 -- INTERNET SERVICE PROVIDERS

-- NET NEUTRALITY

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

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requirements.

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     This act would take effect upon passage.

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