HF 136

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/07/2019 07:11pm

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.

[16C.57] CONTRACTS FOR INTERNET SERVICE; ADHERENCE TO
NET NEUTRALITY.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given in this subdivision.

(b) "Broadband Internet access service" means:

(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;

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

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

"Broadband Internet access service" includes 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.

(c) "Edge provider" means any person or entity that provides (1) any content, application,
or service over the Internet, or (2) a device used to access any content, application, or service
over the Internet, but does not include a person or entity providing obscene material, as
defined by section 617.241.

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

(e) "Paid prioritization" means the management of an Internet service provider's network
to directly or indirectly favor some traffic over other traffic (1) in exchange for monetary
or other consideration from a third party, or (2) to benefit an affiliated entity.

Subd. 2.

Purchasing or funding broadband Internet access services; prohibitions.

A
state agency or political subdivision is prohibited from entering into a contract or providing
funding for the purchase of broadband Internet access service after August 1, 2019, that
does not contain:

(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:

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

(ii) impair, impede, 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;

(iii) engage in paid prioritization;

(iv) unreasonably interfere with or unreasonably disadvantage:

(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

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

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

(2) provisions requiring the state agency or political subdivision, upon determining the
Internet service provider has violated the binding agreement under 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.

Subd. 3.

Other laws.

Nothing in this section supersedes 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 limits the provider's ability to do so.

Subd. 4.

Exception.

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 broadband Internet access services are only available from a single Internet service
provider.

Subd. 5.

Enforcement.

A violation of the certification provided under subdivision 2
must be enforced under section 609.48. The venue for enforcement proceedings is Ramsey
County.

Sec. 2.

[325F.6945] INTERNET SERVICE PROVIDERS; PROHIBITED ACTIONS.

Subdivision 1.

Definitions.

The definitions in section 16C.57 apply to this section.

Subd. 2.

Prohibited actions.

An Internet service provider is prohibited from engaging
in any of the following activities with respect to any of its Minnesota customers:

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

(2) impair, impede, 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;

(3) engage in paid prioritization;

(4) unreasonably interfere with or unreasonably disadvantage:

(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

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

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

Subd. 3.

Certification required.

Prior to offering service to a customer in Minnesota,
or prior to August 1, 2019, for Internet service providers already offering services to
customers in Minnesota, an Internet service provider must file a document with the
commissioner of commerce certifying, under penalty of perjury, that it will not engage in
any of the activities prohibited under subdivision 2.

Subd. 4.

Other laws.

Nothing in this section supersedes 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 limits the provider's ability to do so.

Subd. 5.

Enforcement.

(a) A violation 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.

(b) A violation of the certification provided under subdivision 3 must be enforced under
section 609.48. The venue for enforcement proceedings is Ramsey County.