HF 2021

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 03:46pm

A bill for an act
relating to broadband service; prohibiting certain activities by Internet service
providers serving Minnesota customers; authorizing monetary fines; proposing
coding for new law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325F.6945] INTERNET SERVICE PROVIDERS; PROHIBITED
ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Broadband Internet access service" means:
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new text begin (1) a mass-market retail service by wire or radio that provides the capability, including
any capability that is incidental to and enables the operation of the communications service,
to transmit data to and receive data from all or substantially all Internet endpoints;
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new text begin (2) any service that provides a functional equivalent of the service described in clause
(1); or
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new text begin (3) any service that is used to evade the protections established under this section.
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new text begin Broadband Internet access service includes a service that serves end users at fixed endpoints
using stationary equipment or end users using mobile stations, but does not include dial-up
Internet access service.
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new text begin (c) "Edge provider" means any person or entity that provides:
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new text begin (1) any content, application, or service over the Internet; or
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new text begin (2) a device used to access any content, application, or service over the Internet.
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new text begin Edge provider does not include a person or entity providing obscene material, as defined
in section 617.241.
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new text begin (d) "Impairing or degrading lawful Internet traffic on the basis of Internet content,
application, or service, or use of a nonharmful device" means impairing or degrading any
of the following:
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new text begin (1) particular content, applications, or services;
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new text begin (2) particular classes of content, applications, or services;
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new text begin (3) lawful Internet traffic to particular nonharmful devices; or
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new text begin (4) lawful Internet traffic to particular classes of nonharmful devices.
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new text begin Impairing or degrading lawful Internet traffic on the basis of Internet content, application,
or service, or use of a nonharmful device includes, without limitation, differentiating
positively or negatively between any of the following:
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new text begin (i) particular content, applications, or services;
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new text begin (ii) particular classes of content, applications, or services;
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new text begin (iii) lawful Internet traffic to particular nonharmful devices; or
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new text begin (iv) lawful Internet traffic to particular classes of nonharmful devices.
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new text begin (e) "Internet service provider" means a business that provides broadband Internet access
service to a customer in Minnesota.
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new text begin (f) "Paid prioritization" means the management of an Internet service provider's network
to directly or indirectly favor some traffic over other traffic:
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new text begin (1) in exchange for monetary or other consideration from a third party; or
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new text begin (2) to benefit an affiliated entity.
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new text begin (g) "Reasonable network management" means a network management practice that has
a primarily technical network-management justification, but does not include other business
practices, which 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, and is as application-agnostic as
possible.
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new text begin (h) "Zero-rating" means exempting some Internet traffic from a customer's data usage
allowance.
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new text begin Subd. 2. new text end

new text begin Prohibited actions. new text end

new text begin An Internet service provider is prohibited from engaging
in any of the following activities with respect to any of the Internet service provider's
Minnesota customers:
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new text begin (1) subject to reasonable network management, blocking lawful content, applications,
services, or nonharmful devices;
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new text begin (2) subject to reasonable network management, impairing, impeding, or degrading lawful
Internet traffic on the basis of (i) Internet content, application, or service, or (ii) use of a
nonharmful device;
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new text begin (3) engaging in paid prioritization;
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new text begin (4) unreasonably interfering with or unreasonably disadvantaging:
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new text begin (i) a customer's ability to select, access, and use broadband Internet service or lawful
Internet content, applications, services, or devices of the customer's choice; or
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new text begin (ii) an edge provider's ability to provide lawful Internet content, applications, services,
or devices to a customer;
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new text begin (5) engaging in deceptive or misleading marketing practices that misrepresent the
treatment of Internet traffic or content;
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new text begin (6) engaging in zero-rating in exchange for consideration, monetary or otherwise, from
a third party; or
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new text begin (7) zero-rating some Internet content, applications, services, or devices in a category of
Internet content, applications, services, or devices, but not the entire category.
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new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to software or applications sponsored
by the federal government, a state government, or a federally recognized Tribal government
when the Internet service provider allows an advantage to customers for free or improved
access, or data for access to government services and programs.
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new text begin Subd. 4. new text end

new text begin Other laws. new text end

new text begin This section does not: (1) supersede any obligation or authorization
an Internet service provider may have to address the needs of emergency communications
or law enforcement, public safety, or national security authorities, consistent with or as
permitted by applicable law; or (2) limit the provider's ability to meet, address, or comply
with the needs identified in clause (1).
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new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin A violation of subdivision 2 may be enforced by the commissioner
of commerce under section 45.027. The venue for enforcement proceedings is Ramsey
County.
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