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SB 160: "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                             SENATE BILL NO. 160                                                                         
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                                      
18 (1)  if a utility demonstrates that the preferential traffic management                                                 
19 would benefit the public interest and would not negatively affect the open nature of                                    
20       Internet in the state;                                                                                            
21                 (2)  to favor Internet-based education; or                                                              
22                 (3)  to favor telemedicine services.                                                                    
23            (d)  In this section,                                                                                        
24                 (1)  "broadband Internet access service" means a                                                        
25 (A)  mass-market retail service by wire or radio that provides                                                          
26 the ability to transmit data to and from all or substantially all Internet                                              
27 endpoints, including a capability that is incidental to and enables the operation                                       
28 of the communications service, but excluding dial-up Internet access service;                                           
29            or                                                                                                           
30 (B)  service that the Federal Communications Commission                                                                 
31 determines provides a functional equivalent of the service described in (A) of                                          
01            this paragraph, or that is used to evade the protections under this section;                                 
02                 (2)  "edge provider" means an individual or entity that provides                                        
03                      (A)  content or an application or service over the Internet; or                                    
04                      (B)  a device used to access content or an application or service                                  
05            over the Internet;                                                                                           
06                 (3)  "end user" means an individual or entity that uses a broadband                                     
07       Internet access service.                                                                                          
08    * Sec. 2. AS 45.50.471(b) is amended by adding a new paragraph to read:                                            
09                 (58)  violating AS 42.05.147 (Internet neutrality).