Bills › 88th General Assembly
Providing for internet neutrality, and making penalties applicable
Where it is now
- Done: IntroducedJanuary 31, 2019
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill creates new Code chapter 554E, relating to internet neutrality. The bill requires a communications service provider to make available to the public informational materials accurately explaining the provider’s reasonable network management practices, performance, and commercial terms of its broadband service, including information relating to the processes involved for such services.
Read the full explanation
1.1. “End user” means a person who uses broadband service. The bill prohibits communications service providers from blocking lawful content, applications, services, or nonharmful devices, unless pursuant to a reasonable network management practice. The bill defines “reasonable network management practice” to mean a practice that is primarily used for and tailored to achieving a legitimate technical network management purpose. The bill prohibits communications service providers from impairing or degrading lawful internet traffic on the basis of content, applications, services, or the use of nonharmful devices, unless pursuant to a reasonable network management practice. The bill also prohibits communications service providers from engaging in paid prioritization, as defined in the bill. The bill further prohibits communications service providers from interfering with or disadvantaging the ability of an end user to select, access, or use broadband service, unless pursuant to a reasonable network management practice. The bill additionally prohibits communications service providers from interfering with or disadvantaging the ability of edge providers, as defined in the bill, from making lawful content, applications, services, or nonharmful devices available to an end user, unless pursuant to a reasonable network management practice. The bill does not apply to conduct authorized by any state or federal law enforcement agency or reasonable efforts by a communications service provider to address copyright infringement or any other unlawful activity.16, which relates to consumer frauds.16, the attorney general may investigate, issue subpoenas, and commence civil proceedings seeking restraining orders or injunctions prohibiting persons from engaging in unlawful practices or seeking termination of the business affairs of a person engaging in unlawful practices. In addition, a civil penalty of up to $40,000 per violation may be imposed by a court against a person found to have committed an unlawful practice.