SB 740

This bill prohibits the state from contracting for broadband Internet access

service (BIAS) unless the state determines that the service provider does not do any

of the following:

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

the network.

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

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

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

over other traffic in exchange for some form of consideration.

4. Unreasonably interfere with or unreasonably disadvantage 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. Engage in any unjust or unreasonable charge, practice, classification, or

regulation.

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

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

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

or prejudice or disadvantage.

7. Use, disclose, or permit access to any individually identifiable customer

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

service.

The bill also prohibits the state from contracting for BIAS unless the state

determines that the service provider 1) discloses its commercial terms, which must

include information on pricing, other fees, and data caps and allowances; 2) discloses

its network performance characteristics, which must include information regarding

packet loss; and 3) makes its services and equipment accessible to individuals with

disabilities.