SB 2 — AN ACT CONCERNING INTERNET SERVICE PROVIDERS AND NET NEUTRALITY PRINCIPLES.

General Assembly   ProposedCommittee Bill No.

2   February Session, 2018   LCO No.

3901844   *00390**01844SB00002ET_* Referred to Committee on ENERGY AND TECHNOLOGY   Introduced by:

  SEN.(ET)   AN ACT CONCERNING INTERNET SERVICE PROVIDERS AND NET NEUTRALITY PRINCIPLES.

DUFF, 25th Dist.

  AN ACT CONCERNING INTERNET SERVICE PROVIDERS AND NET NEUTRALITY PRINCIPLES.

ThatSection the1. general statutes be amended to require Internet service providers operating in the state to register with the Public Utilities Regulatory Authority and pay an annual registration fee, to require the Public Utilities Regulatory Authority to apply net neutrality principles to Internet service providers in Connecticut and to require a civil penalty be imposed by the Public Utilities Regulatory Authority for failure of an Internet service provider to comply with such principles where each day in violation is a separate offense.

Statement(NEW) of(Effective Purpose:January 1, 2019) (a) As used in this section:

(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 capability that is incidental to and enables the operation of the service, but excluding dial-up Internet access service;

(2) "Content, applications and services" means all traffic transmitted to or from end users of a broadband Internet access service;

(3) "Edge provider" means any person or entity that provides (A) any content, application or service over the Internet, or (B) a device used for accessing any content, application or service over the Internet;

(4) "End user" means any person or entity that uses a broadband Internet access service;

(5) "Fixed broadband Internet access service" means a broadband Internet access service that services end users primarily at fixed endpoints using stationary equipment, including fixed wireless services, fixed unlicensed wireless services and fixed satellite services;

(6) "Mobile broadband Internet access service" means a broadband Internet access service that serves end users primarily using mobile stations;

(7) "Net neutrality principles" means the provisions described in subsections (d) to (g), inclusive, of this section;

(8) "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 (A) in exchange for monetary or other consideration from a third party, or (B) to benefit an affiliated entity;

(9) "Authority" means the Public Utilities Regulatory Authority;

and (10) "Reasonable network management" means a network management practice that has a primarily technical network management justification, but does not include other business practices, provided a network management practice is reasonable if it is primarily used for and tailored to achieving a legitimate network management purpose, as determined by the authority, taking into account the particular network architecture and technology of the broadband Internet access service.

(b) A person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall register with the authority, in a manner prescribed by the authority.

Beginning with January 1, 2019, and on or before each January first thereafter, each registered person or entity shall pay an annual registration fee to the authority in the amount of five thousand dollars.

(c) A person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall publicly disclose accurate information regarding the network management practices, performance and commercial terms of its broadband Internet access services sufficient, as determined by the authority, for end users of such services to fully and accurately ascertain if the service is in compliance with this section.

(d) A person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall not block lawful content, applications, services, as determined by the authority, or nonharmful devices, as determined by the authority, subject to reasonable network management.

(e) A person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall not impair or degrade lawful Internet traffic on the basis of Internet content, application or service, or use of a nonharmful device, subject to reasonable network management.

(f) A person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall not engage in paid prioritization.

(g) Any person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall not interfere with or disadvantage (1) end users' ability to select, access and use broadband Internet access service or lawful Internet content, applications or services, or devices of such end users' choice, or (2) edge providers' ability to make lawful content, applications, services or devices available to end users, provided such person or entity may engage in reasonable network management.

(h) The authority shall receive and record complaints of any end user of broadband Internet access service within the state.

Upon receipt of such complaints, the authority may, in its discretion, review the performance of a person or entity engaged in the provision of fixed or mobile broadband Internet access service.

The authority, upon a finding that any such person or entity failed to comply with the net neutrality principles described in this section, shall make orders, after a hearing that is conducted as a contested case in accordance with chapter 54 of the general statutes, to enforce the provisions of this section and may levy civil penalties against such person or entity, pursuant to section 16-41 of the general statutes, for noncompliance.

(i) Nothing in this section shall be considered to supersede or limit any obligation or authorization a person or entity engaged in the provision of fixed or mobile broadband Internet access services may have to address the needs of emergency communications, law enforcement, public safety or national security authorities, consistent with or as permitted by applicable law.

Nothing in this section shall be construed to prohibit reasonable efforts by a person or entity engaged in the provision of fixed or mobile broadband Internet access services to address copyright infringement or other unlawful activity.

This act shall take effect as follows and shall amend the following sections:

Section 1 January 1, 2019 New section Statement of Purpose:

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors:

SEN.

DUFF, 25th Dist.;

REP.

ORANGE, 48th Dist.

REP.

GENTILE, 104th Dist.;