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HB 277: "An Act relating to the regulation of broadband Internet; and making certain actions by broadband Internet service providers unlawful acts or practices under the Alaska Unfair Trade Practices and Consumer Protection Act."

00                             HOUSE BILL NO. 277                                                                          
01 "An Act relating to the regulation of broadband Internet; and making certain actions by                                 
02 broadband Internet service providers unlawful acts or practices under the Alaska                                        
03 Unfair Trade Practices and Consumer Protection Act."                                                                    
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 42.05 is amended by adding a new section to read:                                                  
06 Sec. 42.05.147.  Internet neutrality. (a) A utility that provides broadband                                           
07 Internet access services in the state shall publicly disclose accurate information                                      
08 regarding the network management practices, performance, and commercial terms of                                        
09       the utility's broadband Internet access service in a manner sufficient for                                        
10                 (1)  consumers to make informed choices regarding use of Internet                                       
11       services and for content, application, and service; and                                                           
12                 (2)  edge providers to develop, market, and maintain Internet offerings.                                
13            (b)  A utility that provides broadband Internet access service in the state may                              
14       not                                                                                                               
01                 (1)  block lawful content, applications, services, or nonharmful devices,                               
02       subject to reasonable network management;                                                                         
03                 (2)  impair or degrade lawful Internet traffic based on Internet content,                               
04       application, or service, or the use of a nonharmful device, subject to reasonable                                 
05       network management;                                                                                               
06 (3)  in exchange for compensation or to benefit an affiliated entity,                                                   
07 manage the utility's network to favor, directly or indirectly, certain Internet traffic over                            
08 other Internet traffic, including the use of traffic shaping, prioritization, resource                                  
09       reservation, or other forms of preferential traffic management;                                                   
10 (4)  unreasonably interfere with or unreasonably disadvantage the                                                       
11       ability of                                                                                                        
12 (A)  an end user to select, access, or use broadband Internet                                                           
13 access service or lawful Internet content, applications, services, or devices of                                        
14            the end user's choice; or                                                                                    
15 (B)  an edge provider to make lawful content, applications,                                                             
16            services, or devices available to an end user.                                                               
17 (c)  The commission may waive the prohibition in (b)(3) of this section if a                                            
18 utility demonstrates that the preferential traffic management would benefit the public                                  
19       interest and would not negatively affect the open nature of Internet in the state.                                
20            (d)  In this section,                                                                                        
21                 (1)  "broadband Internet access service" means a                                                        
22 (A)  mass-market retail service by wire or radio that provides                                                          
23 the ability to transmit data to and from all or substantially all Internet                                              
24 endpoints, including a capability that is incidental to and enables the operation                                       
25 of the communications service, but excluding dial-up Internet access service;                                           
26            or                                                                                                           
27 (B)  service that the Federal Communications Commission                                                                 
28 determines provides a functional equivalent of the service described in (A) of                                          
29            this paragraph, or that is used to evade the protections under this section;                                 
30                 (2)  "edge provider" means an individual or entity that provides                                        
31                      (A)  content or an application or service over the Internet; or                                    
01                      (B)  a device used to access content or an application or service                                  
02            over the Internet;                                                                                           
03                 (3)  "end user" means an individual or entity that uses a broadband                                     
04       Internet access service.                                                                                          
05    * Sec. 2. AS 45.50.471(b) is amended by adding a new paragraph to read:                                            
06                 (58)  violating AS 42.05.147 (Internet neutrality).                                                     
07    * Sec. 1. The uncodified law of the State of Alaska is amended by adding a new section to                          
08 read:                                                                                                                   
09       APPLICABILITY. (a) AS 42.05.147, added by sec. 1 of this Act, applies to a contract                               
10 entered into after the effective date of this Act by a utility that provides broadband Internet                         
11 access service.                                                                                                         
12       (b)  In this section,                                                                                             
13            (1)  "broadband internet access service" has the meaning given in                                            
14 AS 42.05.147;                                                                                                           
15            (2)  "utility" has the meaning given in AS 42.05.990.