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Minnesota Legislature

Office of the Revisor of Statutes

SF 2880

as introduced - 90th Legislature (2017 - 2018) Posted on 03/22/2018 10:19am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to broadband service; prohibiting certain activities by Internet service
providers serving Minnesota customers and those under contract to the state or
political subdivisions;proposing coding for new law in Minnesota Statutes, chapters
16C; 325F.

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

Section 1.

new text begin [16C.37] CONTRACTS FOR INTERNET SERVICE; ADHERENCE TO
NET NEUTRALITY.
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 in this subdivision.
new text end

new text begin (b) "Broadband Internet access service" means:
new text end

new text begin (1) 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 or enable the operation of the communications service;
new text end

new text begin (2) any service that provides a functional equivalent of the service described in clause
(1); or
new text end

new text begin (3) any service that is used to evade the protections set forth in this section.
new text end

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.
new text end

new text begin (c) "Edge provider" means any person or entity that provides (1) any content, application,
or service over the Internet, or (2) a device used for accessing any content, application, or
service over the Internet.
new text end

new text begin (d) "Internet service provider" means a business that provides broadband Internet access
service to a customer in Minnesota.
new text end

new text begin (e) "Paid prioritization" means the management of an Internet service provider's network
to directly or indirectly favor some traffic over other traffic in exchange for monetary
compensation from a third party, other consideration from a third party, or to benefit an
affiliated entity.
new text end

new text begin Subd. 2. new text end

new text begin Purchasing or funding broadband Internet access services; prohibitions.
new text end

new text begin A state agency or political subdivision is prohibited from entering into a contract or providing
funding for the purchase of broadband Internet access service that does not contain:
new text end

new text begin (1) a binding agreement in which the Internet service provider certifies, under penalty
of perjury, that the Internet service provider will not engage in any of the following activities
with respect to any of its Minnesota customers:
new text end

new text begin (i) block lawful content, applications, services, or nonharmful devices, subject to
reasonable network management;
new text end

new text begin (ii) impair, impede, or degrade lawful Internet traffic on the basis of (A) Internet content,
application, or service, or (B) use of a nonharmful device, subject to reasonable network
management;
new text end

new text begin (iii) engage in paid prioritization;
new text end

new text begin (iv) unreasonably interfere with or unreasonably disadvantage:
new text end

new text begin (A) 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
new text end

new text begin (B) an edge provider's ability to provide lawful Internet content, applications, services,
or devices to a customer; or
new text end

new text begin (v) engage in deceptive or misleading marketing practices that misrepresent the treatment
of Internet traffic or content; and
new text end

new text begin (2) provisions requiring the state agency or political subdivision, upon determining that
an Internet service provider has violated the binding agreement in clause (1), to unilaterally
terminate the contract for broadband Internet access service and require the Internet service
provider to remunerate the state agency or political subdivision for all revenues earned
under the contract during the period when the violation occurred.
new text end

new text begin Subd. 3. new text end

new text begin Other laws. new text end

new text begin Nothing in this section supersedes any obligation, authorization,
or ability an Internet service provider may have under applicable law to address the needs
of emergency communications or law enforcement, public safety, or national security
authorities.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin This section does not apply to a state agency or political subdivision
that purchases or funds fixed broadband Internet access services in a geographic location
where fixed broadband Internet access services are only available from a single Internet
service provider.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin Violations of the certification required under subdivision 2 must
be enforced under section 609.48. The venue for enforcement proceedings is Ramsey County.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

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 The definitions in section 16C.37 apply to this section.
new text end

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 its Minnesota customers:
new text end

new text begin (1) block lawful content, applications, services, or nonharmful devices, subject to
reasonable network management;
new text end

new text begin (2) impair, impede, or degrade lawful Internet traffic on the basis of (i) Internet content,
application, or service, or (ii) use of a nonharmful device, subject to reasonable network
management;
new text end

new text begin (3) engage in paid prioritization;
new text end

new text begin (4) unreasonably interfere with or unreasonably disadvantage:
new text end

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
new text end

new text begin (ii) an edge provider's ability to provide lawful Internet content, applications, services,
or devices to a customer; or
new text end

new text begin (5) engage in deceptive or misleading marketing practices that misrepresent the treatment
of Internet traffic or content.
new text end

new text begin Subd. 3. new text end

new text begin Certification required. new text end

new text begin Prior to offering service to a customer in this state, an
Internet service provider must file with the commissioner of commerce a document certifying,
under penalty of perjury, that it will not engage in any of the activities prohibited in
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Other laws. new text end

new text begin Nothing in this section supersedes any obligation, authorization,
or ability an Internet service provider may have under applicable law to address the needs
of emergency communications or law enforcement, public safety, or national security
authorities.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin (a) Violations of subdivision 2 may be enforced by the
commissioner of commerce under section 45.027 and by the attorney general under section
8.31. The venue for enforcement proceedings is Ramsey County.
new text end

new text begin (b) Violations of the certification required under subdivision 3 must be enforced under
section 609.48. The venue for enforcement proceedings is Ramsey County.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to contracts and agreements entered into on and after that date.
new text end