HB 2282 — Protecting an open internet in Washington state.

H-4166.2SUBSTITUTEH-3275.1HOUSE HOUSE BILL 2282State of Washington65th Legislature2018 Regular SessionBy House Technology & Economic Development (originally sponsored by Representatives Hansen, Cody, Goodman, Pettigrew, Tarleton, Fey, DeBolt, Bergquist, Springer, Santos, McBride, Smith, Chapman, Slatter, Peterson, Wylie, Fitzgibbon, Morris, Stonier, Lytton, Sawyer, Robinson, Tharinger, Kagi, Pellicciotti, Dolan, Orwall, Valdez, Haler, Kilduff, Senn, Frame, Sells, Kirby, Stanford, Blake, Reeves, Clibborn, Macri, Kloba, Appleton, Stambaugh, Jinkins, Ormsby, Ryu, Hayes, Pollet, Doglio, Ortiz-Self, Riccelli, McDonald, and Gregerson)READMcDonaldPrefiled FIRST12/13/17. TIME 01/30/18.AN ACT Relating to protecting an open internet in Washington state;

addingRead afirst newtime chapter01/08/18. to Title 19 RCW;

andReferred providingto aCommittee contingenton effectiveTechnology date.BE& ITEconomic ENACTEDDevelopment.AN BYACT THERelating LEGISLATUREto OFprotecting THEan STATEopen OF WASHINGTON:NEW SECTION.  Sec. 1.  (1) Any person providing broadband internet access service in Washington statestate; shall publicly disclose accurate information regarding the network management practices, performance characteristics, and commercial terms of its broadband internet access services sufficient to enable consumers to make informed choices regarding the purchase and use of such services and entrepreneurs and other small businesses to develop, market, and maintain internet offerings.

Theand disclosureadding musta benew madechapter viato aTitle 19 RCW.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  (1) A person engaged in the provision of broadband internet access service in Washington state shall publicly available,disclose easilyaccurate accessibleinformation webregarding site.(2)the network management practices, performance, and commercial terms of its broadband internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain internet offerings.(2) A person engaged in the provision of broadband internet access service in Washington state, insofar as thesuch a person is so engaged, may not:(a) Block lawful content, applications, services, or nonharmful devices, subject to reasonable network management;(b) 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;management;(c) Engage in paid prioritization;(d) Unreasonably interfere with or unreasonably disadvantage:

or(c)(i) EngageEnd inusers' paidability prioritization.(3)to Nothingselect, inaccess, thisand chapter:(a)use Supersedes any obligation or authorization a provider of broadband internet access service mayor have to address the needslawful ofinternet emergencycontent, communicationsapplications, orservices, law enforcement, public safety, or nationaldevices securityof authorities,their consistentchoice; with or as permitted by applicable law, or limits the provider's ability to do so;

or(b)or Prohibits(ii) reasonableedge effortsproviders' byability ato providermake oflawful broadbandcontent, internetapplications, accessservices, serviceor devices available to addressend copyrightusers.(3) infringementThe orutilities otherand unlawfultransportation activity.(4)commission may waive the prohibition on paid prioritization in subsection (1)(c) of this section only if the petitioner demonstrates that the practice would provide some significant public interest benefit and would not harm the open nature of the internet in Washington state.(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a)(i) "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 dial-up internet access service.(ii) "BroadbandThe internetterm access service" also encompasses any service that the federal communications commission finds to be providing a functional equivalent of the service described in (a)(i) of this subsection, or that is used to evade the protections set forth in this section.(b) "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.(c) "End user" means any individual or entity that uses a broadband internet access service.(d)(i)service.(d) "Mobile broadband internet access service" means a broadband internet service that serves end users primarily using mobile stations.(e) "Paid prioritization" means the management of a broadband provider's network to directly or indirectly favor some traffic over other traffic, including through the use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either:(A)either:(i) In exchange for consideration, monetary or otherwise, from a third party;

or(B)or(ii) To benefit an affiliated entity.(ii)entity.(f) "Paid prioritization" does not include the provision of tiered internet access service or offerings to a retail end user.(e) "Reasonable network management" means a practice that has a primarily technical network management justification, but does not include other business practices.

A network management 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.(f)service.NEW "TieredSECTION.  Sec. 2.  The internetlegislature accessfinds service"that meansthe offeringpractices endcovered usersby athis choicechapter betweenare differentmatters packagesvitally ofaffecting servicethe withpublic clearlyinterest advertisedfor speeds,the prices,purpose terms,of andapplying conditions;the consumer protection act, chapter 19.86 RCW.

forA example,violation aof tenthis megabitchapter serviceis fornot onereasonable pricein andrelation ato fiftythe megabitdevelopment serviceand forpreservation aof differentbusiness price.NEWand SECTION.  Sec. 2.  (1)is Thean legislatureunfair findsor thatdeceptive theact practicesin coveredtrade byor thiscommerce chapterand arean mattersunfair vitallymethod affectingof thecompetition public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.RCW.NEW SECTION.  Sec. 3.  The internet consumer access account is created in the state treasury.

A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.(2) This chapter may be enforced solely by the attorney general under the consumer protection act, chapter 19.86 RCW.NEW SECTION.  Sec. 3.  The internet consumer access account is created in the state treasury.

Expenditures from the account may be used only for costs incurred by the office of the attorney general in the administration and enforcement of this chapter.NEW SECTION.  Sec. 4.  (1)SECTION.  Sec. 4.  Sections This1 actthrough takes3 effect on the later of thethis following:(a)act Ninetyconstitute daysa afternew adjournmentchapter of the legislative session in whichTitle this19 actRCW.--- isEND passed;---

or(b) The date the federal communications commission's restoring internet freedom order (FCC 17-166) as issued on January 4, 2018, takes effect.(2) The utilities and transportation commission must provide notice of the effective date of this act to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the utilities and transportation commission.NEW SECTION.  Sec. 5.  Sections 1 through 3 of this act constitute a new chapter in Title 19 RCW.--- END ---