2000 -- H 7675

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LC01360
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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. 2000

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A  N     A   C   T

RELATING TO INTERNET ACCESS

Introduced By:  Representatives Dennigan and Fox Date Introduced:  February 3, 2000 Referred To:  Committee on Corporations

It is enacted by the General Assembly as follows:

SECTION 1. Title 39 of the General Laws entitled "Public Utilities and Carriers" is hereby amended by adding thereto the following chapter:

CHAPTER 39-19.1
INTERNET ACCESS ENHANCEMENT ACT

39-19.1-1. Short title. -- This act shall be known and may be cited as the "Internet Access Enhancement Act."

39-19.1-2. Definitions. -- As used in this chapter:

The following words and phrases shall have the following meanings:

(1) "Affiliate." A person who, directly or indirectly, owns or controls, is owned or controlled by or is under common ownership or control with another person. For purposes of this term, "own" means to own an equity or other financial interest or the equivalent thereof of more than ten percent (10%) or any management interest.

(2) "Broadband." A capability in excess of one hundred forty-four (144) kilobits per second.

(3) "Broadband internet access transport services." The broadband transmission of data between a user and the user's internet service provider's point of interconnection with the broadband internet access transport provider's facilities.

(4) "Internet." The myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected worldwide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.

(5) "Internet service provider." A person who provides a service that enables users to access content, information, electronic mail or other services offered over the internet.

(6) "Wireline broadband internet access transport provider." A person who provides broadband internet access transport services, by aid of wire, cable or other like connection, over facilities owned by it or under its control for a fee directly or indirectly to the public. The term shall also include an internet service provider who self-provides, over facilities owned by it or under its control, the wireline broadband transport of its services between itself and its users.

39-19.1-3. Duty to provide equal access to internet service providers. -- Each wireline broadband internet access transport provider who is or is an affiliate of an internet service provider shall provide any other requesting internet service provider access to its broadband internet access transport services, unbundled from the provision of content, on rates, terms and conditions that are at least as favorable as those on which it provides such access to itself, to its affiliate or to any other person. This access shall be provided at any technically feasible point selected by the requesting internet service provider.

39-19.1-4. Rules and regulations. -- The administrator of the public utilities commission is hereby authorized to adopt such rules and regulations as are necessary to carry out the provisions of this chapter.

39-19.1-5. Enforcement. -- The commission may after affording the holder an opportunity to be heard, revoke, suspend or alter any certificate for a willful violation of the provisions of this chapter or of the rules and regulations adopted pursuant to this chapter.

SECTION 2. This act shall take effect upon passage.

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LC01360
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF

A  N     A   C   T

RELATING TO INTERNET ACCESS

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This act provides for greater access to broadband internet access transport services.

This act would take effect upon passage.


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