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
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;
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
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.