Bill Text: CA SB822 | 2017-2018 | Regular Session | Amended
Bill Title: Communications: broadband Internet access service.
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Passed) 2018-09-30 - Chaptered by Secretary of State. Chapter 976, Statutes of 2018. [SB822 Detail]
Download: California-2017-SB822-Amended.html
Amended
IN
Senate
March 13, 2018 |
Senate Bill | No. 822 |
Introduced by Senator Wiener (Principal coauthors: Senators Allen, Dodd, Hill, McGuire, Monning, and Skinner) (Principal coauthors: Assembly Members Bloom, Bonta, Chiu, Friedman, Kalra, and Mullin) (Coauthor: Senator Leyva) (Coauthor: Assembly Member Ting) |
January 03, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Under
The bill would state the intent of the Legislature to enact legislation to effectuate net neutrality in California utilizing the state’s regulatory powers and to prevent Internet service providers from engaging in practices inconsistent with net neutrality, including through 4 described means.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Chapter 3.5 (commencing with Section 1775) is added to Title 1.5 of Part 4 of Division 3 of the Civil Code, to read:CHAPTER 3.5. Internet Neutrality
1775.
For purposes of this chapter, the following definitions apply:1776.
It shall be unlawful for an Internet service provider, insofar as the provider is engaged in providing broadband Internet access service, to engage in any of the following activities:1777.
(a) (1) An Internet service provider may offer different types of technical treatment to end users as part of its broadband Internet access service, without violating Section 1776, if all of the following conditions exist:1778.
Nothing in this chapter supersedes or limits any obligation, authorization, or ability of an Internet service provider to address the needs of emergency communications or law enforcement, public safety, or national security authorities.1779.
The Attorney General may bring an action to enforce Section 1776 pursuant to Chapter 5 (commencing with Section 17200) of Part 2, and, where applicable, Article 1 (commencing with Section 17500) of Chapter 1 of Part 3, of Division 7 of the Business and Professions Code.SEC. 3.
Article 2 (commencing with Section 3020) is added to Chapter 3 of Part 1 of Division 2 of the Public Contract Code, to read:Article 2. Internet Neutrality
3020.
(a) For purposes of this article, “broadband Internet access service,” “Internet service provider,” “network management practice,” and “reasonable network management practice” have the same meanings as defined in Section 1775 of the Civil Code.3021.
(a) A public entity shall not purchase any fixed or mobile broadband Internet access services from an Internet service provider that is in violation of Section 1776 of the Civil Code.3022.
(a) Every contract between a public entity and an Internet service provider for broadband Internet access service shall require that the service be rendered consistent with the requirements of Section 1776 of the Civil Code.3023.
It shall not be a violation of this article for a public entity to purchase or fund fixed or mobile broadband Internet access services in a geographical area where Internet access services are only available from a single broadband Internet access service provider.3024.
An Internet service provider that provides fixed or mobile broadband Internet access service purchased or funded by a public entity shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access service that is sufficient to enable end users of those purchased or funded services, including a public entity, to fully and accurately ascertain if the service is conducted in a lawful manner pursuant to Section 1776 of the Civil Code.SEC. 4.
Section 272 is added to the Public Utilities Code, to read:272.
(a) An award of moneys pursuant to this chapter for the building of infrastructure for broadband communications shall require the awardee to prevent any Internet service provider that provides broadband Internet access service utilizing that infrastructure from violating Section 1776 of the Civil Code.SEC. 5.
Chapter 10 (commencing with Section 5600) is added to Division 2 of the Public Utilities Code, to read:CHAPTER 10. The Internet
5600.
(a) The commission shall exercise those functions with respect to Internet service providers that are delegated to it pursuant to paragraphs (2) and (3) of subdivision (a) of Section 1777 of the Civil Code.SEC. 6.
Section 5840 of the Public Utilities Code is amended to read:5840.
(a) The commission is the sole franchising authority for a state franchise to provide video service under this division. Neither the commission nor any local franchising entity or other local entity of the state may require the holder of a state franchise to obtain a separate franchise or otherwise impose any requirement on any holder of a state franchise except as expressly provided in this division. Sections 53066, 53066.01, 53066.2, and 53066.3 of the Government Code shall not apply to holders of a state franchise.(iii)
(iv)
SEC. 7.
Section 5905 is added to the Public Utilities Code, to read:5905.
(a) For purposes of this section, “application-agnostic,” “application-specific differential pricing,” “broadband Internet access service,” “class of Internet content, application, service, or device,” “content, applications, or services,” “edge provider,” “end user,” “Internet service provider,” “ISP traffic exchange,” “mass market,” “network management practice,” “reasonable network management practice,” “third-party paid prioritization,” and “zero-rating” have the same meanings as defined in Section 1775 of the Civil Code.SEC. 8.
Section 8367 is added to the Public Utilities Code, to read:8367.
The commission, in consultation with the Energy Commission, the Independent System Operator, and electrical corporations, shall evaluate the role broadband Internet access and tools, especially as they relate to private consumers, will play in the future operation of the state’s smart grid. The evaluation should consider at least the following:SEC. 9.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 10.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.It is the intent of the Legislature to enact legislation to effectuate net neutrality in California utilizing the state’s regulatory powers and to prevent Internet service providers from engaging in practices inconsistent with net neutrality, including, without limitation, by means of each of the following:
(a)Using the state’s market influence as a purchaser of Internet and telecommunications services to effectuate net neutrality.
(b)Strengthening the state’s consumer protection and deceptive and unfair business practice laws to effectuate net neutrality.
(c)Conditioning issuance or renewal of a state franchise pursuant to the Digital Infrastructure and Video Competition Act of 2006 (Division 2.5 (commencing with Section 5800) of the Public Utilities Code), and use of the public rights-of-way for Internet infrastructure, on adherence to net neutrality, and on promotion of the availability of municipal broadband.
(d)Conditioning any state-granted right to attach small cell or other broadband wireless communications devices to utility poles on adherence to net neutrality.