AB 909

This bill prohibits a provider of broadband Internet access service (BIAS) from

doing any of the following:

1. Blocking lawful content, applications, or services or devices that do not harm

the network.

2. Throttling lawful Internet traffic on the basis of content, application, or

service or use of a device that does not harm the network.

3. Engaging in paid prioritization, which is the favoring of some Internet traffic

over other traffic in exchange for some form of consideration.

4. Unreasonably interfering with or unreasonably disadvantaging an end

user's ability to select, access, and use BIAS or an edge provider's ability to make

lawful content, applications, services, and devices available to end users. An edge

provider is someone who provides any content, application, or service over the

Internet, or a device used for accessing any Internet content, application, or service.

5. Engaging in any unjust or unreasonable charge, practice, classification, or

regulation.

6. Making any unjust or unreasonable discrimination in charges, practices,

classifications, regulations, facilities, or services or subjecting any particular person,

class of persons, or locality to any undue or unreasonable preference or advantage

or prejudice or disadvantage.

7. Using, disclosing, or permitting access to any individually identifiable

customer proprietary network information except in the provision of the BIAS or

related service.

The bill also requires a BIAS provider to disclose commercial terms, which must

include information on pricing, other fees, and data caps and allowances, and to

disclose network performance characteristics, which must include information

regarding packet loss. In addition, the bill requires a BIAS provider to make its

services and equipment accessible to individuals with disabilities.

Finally, the bill requires the Department of Agriculture, Trade and Consumer

Protection to create and implement a complaint process for responding to violations

of the bill's provisions.