2022 -- S 2030 | |
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LC003912 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO PUBLIC UTILITIES AND CARRIERS -- INTERNET SERVICE PROVIDERS | |
-- NET NEUTRALITY | |
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Introduced By: Senators DiPalma, Kallman, Burke, Zurier, DiMario, Euer, and Seveney | |
Date Introduced: January 25, 2022 | |
Referred To: Senate Commerce | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. The title of Chapter 39-19 of the General Laws entitled "Community Antenna |
2 | Television Systems" is hereby amended to read as follows: |
3 | CHAPTER 39-19 |
4 | Community Antenna Television Systems |
5 | CHAPTER 39-19 |
6 | COMMUNITY ANTENNA TELEVISION SYSTEMS AND INTERNET SERVICE |
7 | PROVIDERS |
8 | SECTION 2. Chapter 39-19 of the General Laws entitled "Community Antenna Television |
9 | Systems and Internet Service Providers" is hereby amended by adding thereto the following |
10 | sections: |
11 | 39-19-10.2. Definitions. |
12 | As used in this chapter: |
13 | (1) "Broadband Internet access service" means a mass-market retail service by wire or radio |
14 | that provides the capability to transmit data to and receive data from all or substantially all Internet |
15 | endpoints, including any capabilities that are incidental to and enable the operation of the |
16 | communications service, but excluding dial-up Internet service. This term also encompasses any |
17 | service that the FCC finds to be providing a functional equivalent of the service described in the |
18 | previous sentence, or that is used to evade the protections set forth in this chapter. |
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1 | (2) "Edge provider" means any individual or entity that provides any content, application |
2 | or service over the Internet, and any individual or entity that provides a device used for accessing |
3 | any content application or service over the Internet. |
4 | (3) "Future contracts" means contracts awarded or renewed by any state agency on or after |
5 | July 1, 2022. |
6 | (4) "Paid prioritization" means the management of a broadband Internet access service |
7 | provider's network to directly or indirectly favor some traffic over other traffic, including through |
8 | use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of |
9 | preferential traffic management, either: |
10 | (i) In exchange for consideration (monetary or otherwise) from a third party; or |
11 | (ii) To benefit an affiliated entity. Paid prioritization does not include the provision of tiered |
12 | Internet access service or offerings to a retail end user. |
13 | (5) "State agency" means any department in the executive branch of state government and |
14 | any agency, authority, board, bureau, commission, division, institution, office, or other |
15 | instrumentality within or created by any such department, and any independent state authority, |
16 | commission, instrumentality, or agency over which the governor exercises executive authority. |
17 | 39-19-10.3. Internet service neutrality requirements in certain procurement |
18 | contracts. |
19 | The division of purchases within the department of administration (DOA), and all other |
20 | contracting units or officials of any state agency, shall require that all future contracts for fixed or |
21 | mobile broadband Internet access services be awarded only to service providers that adhere to "net |
22 | neutrality principles" established in § 39-19-10.4. |
23 | 39-19-10.4. Internet service neutrality. |
24 | (a) For purposes of this section, adherence to "net neutrality principles" means that a |
25 | service provider shall not, with respect to any consumer in the state (including the state itself): |
26 | (1) Block lawful content, applications, services, or nonharmful devices, subject to |
27 | reasonable network management that is disclosed to the consumer; |
28 | (2) Throttle, impair, or degrade lawful Internet traffic based on Internet content, |
29 | application, or service, or use of a nonharmful device, subject to reasonable network management |
30 | that is disclosed to the consumer; |
31 | (3) Engage in paid prioritization unless the state waives the ban as to particular purchased |
32 | or funded Internet access services if the state determines that the practice is in the public interest, |
33 | promotes public safety, or is otherwise not inconsistent with the purpose of this chapter; or |
34 | (4) Unreasonably interfere with or unreasonably disadvantage either: |
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1 | (i) A customer's ability to select, access, and use broadband Internet access service or the |
2 | lawful Internet content, applications, services, or devices of their choice; or |
3 | (ii) An edge provider's ability to make lawful content, applications, services, or devices |
4 | available to a customer, subject to reasonable network management that is disclosed to its |
5 | customers. |
6 | 39-19-10.5. Implementation. |
7 | (a) As soon as practicable, the division of purchases, with input from the division of public |
8 | utilities and carriers (DPUC), the emergency management administration (EMA), and the division |
9 | of information technology (DOIT), shall amend the state's procurement rules and regulations as |
10 | necessary and appropriate to comply with this directive, and issue such policies and other guidance, |
11 | and take such other steps as are determined to be necessary and appropriate, to ensure that §§ 39- |
12 | 19-10.3 and 39-19-10.4 are appropriately implemented and enforced. |
13 | (b) Waivers to these procedures may be granted by the director of the department of |
14 | administration only upon receipt of a written justification from a state agency and a finding by the |
15 | director that a waiver would serve a legitimate and significant interest of the state. The DPUC shall |
16 | resolve any dispute over the definition of terminology used in this chapter. |
17 | (c) Each state agency that procures Internet, data and telecommunications services shall |
18 | cooperate with the division of purchases and the DPUC in implementing this chapter. |
19 | (d) The DPUC, in consultation with the DOIT, shall evaluate and advise the governor on |
20 | potential actions to promote net neutrality to protect Rhode Islanders' access to a free and open |
21 | Internet. |
22 | (e) Nothing in this chapter shall: |
23 | (1) Supersede any obligation or authorization a provider of fixed or mobile broadband |
24 | Internet access service may have to address the needs of emergency communications or law |
25 | enforcement, public safety, or national security authorities, consistent with or as permitted by |
26 | applicable law, or limit the provider's ability to do so; |
27 | (2) Prohibit reasonable efforts by a provider of broadband Internet access service to address |
28 | copyright infringement or other unlawful activity; or |
29 | (3) Be construed to supersede any federal, state or local law. |
30 | 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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1 | This act would require public Internet service providers to follow Internet service neutrality |
2 | requirements in certain public procurement contracts. |
3 | This act would take effect upon passage. |
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