Net Neutrality Legislation in States

Heather Morton 1/23/2019

After the Federal Communications Commission Restoring Internet Freedom Order and transparency rule amendments became effective June 11, 2018, overturning earlier requirements on net neutrality requirements on internet service providers, state legislators responded by introducing net neutrality legislation at the state level.

Net neutrality is the concept that all data traffic on a network should be treated indiscriminately, where internet service providers (ISPs) would be restricted from blocking, slowing down or speeding up the delivery of online content at their discretion. The current debate surrounding net neutrality is principally about how ISPs should be regulated and what role government should play in overseeing their network management practices.

The rule change places primary jurisdiction over internet service providers’ network management practices under the Federal Trade Commission and preempts states from enacting similar ISP network restrictions as found in the 2015 Open Internet Order.

Attorneys general from 22 states filed a protective petition for review against the FCC in the U.S. Court of Appeals for the District of Columbia.

Thirty-four states and the District of Columbia introduced 120 bills and resolutions regarding net neutrality in the 2018 legislative session. Five states—California, New Jersey, Oregon, Vermont and Washington—enacted legislation or adopted resolutions. California enacted the California Internet Consumer Protection and Net Neutrality Act of 2018. This act prohibits fixed and mobile internet service providers, as defined, that provide broadband internet access service, as defined, from engaging in specified actions concerning the treatment of internet traffic. In a deal with the U.S. Department of Justice, California agreed to not enforce its net neutrality law until the lawsuit challenging the Federal Communications Commission's repeal of the federal regulations is resolved. In addition, California adopted a resolution urging the FCC to reinstate the 2015 Open Internet Order and urging the U.S. Congress to intervene to protect net neutrality and codify its principles in statute.

New Jersey adopted a resolution urging the President and Congress of United States to restore “net neutrality” in federal law. Oregon prohibited public bodies from contracting with broadband Internet access service providers that engage in certain network management activities based on paid prioritization, content blocking or other discrimination.

Vermont required an internet service provider to certify that it is in compliance with consumer protection and net neutrality standards in order to be eligible to receive a government contract for internet service beginning April 15, 2019 or the date on which the governor’s Executive Order No. 2-18 (internet neutrality in state procurement) is revoked and rescinded, whichever is earlier. The act also required the attorney general to review the network management practices of ISPs in Vermont and determine whether they are in compliance with the 2015 FCC net neutrality rules and to disclose those findings on a publicly available website.

Washington required a person providing broadband internet access service in the state to publicly disclose accurate information regarding the network management practices, performance characteristics, and commercial terms of its services sufficient for consumers to make informed choices regarding the purchase and use of the services and entrepreneurs and other small businesses to develop, market, and maintain internet offerings. Further, the law prohibits a person engaged in the provision of broadband internet access service in the state from: (1) Blocking lawful content, applications, services, or nonharmful devices; (2) Impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device; or (3) Engaging in paid prioritization.

Separately, legislators have introduced measures that would restrict ISPs’ use of customer information and adopt privacy protections. For example, two states, Nevada and Minnesota prohibit disclosure of personally identifying information, but Minnesota also requires ISPs to get permission from subscribers before disclosing information about the subscribers' online surfing habits and internet sites visited.

 

The box allows you to conduct a full text search or type the state name.

Net Neutrality 2018 Legislation
State: Bill Number: Bill Summary:
Alabama None  

Alaska

H.B. 277

Relates to the regulation of broadband internet; makes certain actions by broadband Internet service providers unlawful acts or practices under the Alaska Unfair Trade Practices and Consumer Protection Act.
Alaska H.B. 360

Relates to state procurement regulations; the regulations adopted under this section must contain provisions for prohibiting procurement of broadband Internet services from a telecommunications utility that (1) does not treat all Internet websites equally, regardless of content, source, or business relationship with the utility or others; or (2) engages in paid prioritization or vertical prioritization of internet websites.

Alaska H.J.R. 31

Urges the U.S. Congress to overturn the Federal Communications Commission's order ending net neutrality.

Alaska

S.B. 160

Relates to the regulation of broadband internet; makes certain actions by broadband Internet service providers unlawful acts or practices under the Alaska Unfair Trade Practices and Consumer Protection Act.

Alaska S.B. 187

Relates to state procurement regulations; the regulations adopted under this section must contain provisions for prohibiting procurement of broadband Internet services from a telecommunications utility that (1) does not treat all Internet websites equally, regardless of content, source, or business relationship with the utility or others; or (2) engages in paid prioritization or vertical prioritization of internet websites.

Alaska S.J.R. 12

Urges the U.S. Congress to overturn the Federal Communication Commission's order ending net neutrality.

Arizona None  
Arkansas None  

California

S.B. 460

Passed Senate 1/29/18

Requires an internet service provider that submits a bid or proposal to, or that otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or more for the provision of broadband internet access service to certify that it is in full compliance with, and renders broadband internet access service to the state agency consistent with, specified provisions of SB 822 of the 2017–18 Regular Session concerning the treatment of Internet traffic, as provided. The bill authorizes a state agency to waive these provisions under specified conditions.

California

S.B. 822

Signed by governor 9/30/18, Chapter 976

Enacts the California Internet Consumer Protection and Net Neutrality Act of 2018. This act prohibits fixed and mobile internet service providers, as defined, that provide broadband internet access service, as defined, from engaging in specified actions concerning the treatment of internet traffic. The act prohibits, among other things, blocking lawful content, applications, services, or nonharmful devices, impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device, and specified practices relating to zero-rating, as defined. It also prohibits fixed and mobile internet service providers from offering or providing services other than broadband internet access service that are delivered over the same last-mile connection as the broadband internet access service, if those services have the purpose or effect of evading the above-described prohibitions or negatively affect the performance of broadband Internet access service.

California

S.R. 74

Adopted 2/12/18

Urges the FCC to reinstate the 2015 Open Internet Order. Urges the U.S. Congress to intervene to protect net neutrality and codify its principles in statute. Commends the efforts of U.S. Senator Markey, Congressman Doyle, and their colleagues to use the Congressional Review Act to issue a resolution of disapproval to reverse the FCCs decision to repeal the 2015 Open Internet Order.

Colorado

H.B. 1312

Passed House 4/17/18

Concerns the protection of the open internet; disqualifies an internet service provider from receiving high cost support mechanism money or other money received to finance broadband deployment if the internet service provider engages in certain practices that interfere with the open internet and requiring an internet service provider that engages in such practices to refund any such money received.

Connecticut

H.B. 5260

Failed Joint Favorable deadline 3/28/18

Requires state contractors to adopt a net neutrality policy; requires internet service providers that are state contractors to adopt a net neutrality policy.

Connecticut

S.B. 2

Requires internet service providers to register and pay registration fees and require the Public Utilities Regulatory Authority to apply net neutrality principles to internet service providers and enforce such principles with civil penalties.

Delaware

S.C.R. 44

Passed Senate 1/25/18

This concurrent resolution does all of the following: (1) Expresses the General Assembly’s opposition to the Federal Communications Commission’s repeal of net neutrality rules (“the repeal”). (2) Urges the U.S. Congress to either review the repeal as permitted under the Congressional Review Act, within 60 days of receipt of the Federal Communications Commission’s order as required by the Act, or enact legislation reinstating and requiring the preservation of net neutrality. (3) Requests that the Secretary of the Senate to send copies of this Resolution to the Speaker of the U.S. House of Representatives, U.S. House of Representatives Minority Leader, U.S. Senate Majority Leader, U.S. Senate Minority Leader, and the Members of Delaware's Congressional Delegation.

District of Columbia PR22-691

Declares the sense of the Council that the District of Columbia strongly opposes the repeal of Net Neutrality Rules as implemented by the Federal Communications Commission in because it would cause harm to a free and open Internet, infringe on First Amendment guarantees of freedom of speech and equal access to information, and create an uneven playing field for small businesses.

Florida None  

Georgia

H.B. 1066

Relates to state purchasing, so as to prohibit the state from contracting with companies that do not provide a certification as to net neutrality; provides for legislative findings and declarations; provides for definitions; provides the elements of net neutrality.

Georgia H.R. 1161

Encourages Georgia's state agencies to establish policies requiring recipients of state contracts to adhere to internet neutrality principles.

Georgia S.B. 310

Provides for a legislative purpose; provides that any internet service provider engaged in the provision of broadband internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access service; prohibits any internet service provider from blocking lawful content, applications, services, and nonharmful devices.

Guam Not available  

Hawaii

H.B. 1995

Regulates broadband internet service providers to ensure a free and open internet. Establishes a task force to examine the costs and benefits of creating a state-owned public utility company to provide broadband internet service.

Hawaii

H.B. 2256

S.B. 2644

Passed Senate 3/6/18

Requires a provider of broadband internet access services to be transparent with network management practices, performance, and commercial terms of its broadband internet access services. Prohibits a provider of broadband internet access services from blocking lawful websites, impairing or degrading lawful internet traffic, engaging in paid prioritization, or unreasonably interfering with or disadvantaging users of broadband internet access services.

Hawaii

H.C.R. 67

H.R. 53

Urges the U.S. Congress to oppose the federal communications commission's recent decision to overturn the 2015 net neutrality rules and to pass legislation that would retain net neutrality nationwide.

Hawaii:

 

H.C.R. 191

H.R. 162

Urges Congress to recognize the increasing state-level opposition to the federal communications commission's repeal of net neutrality and to immediately act to restore net neutrality regulations.

Hawaii

H.C.R. 196

H.R. 167

Urges the Public Utilities Commission to establish new rules to enforce net neutrality requirements for broadband and internet service providers within the state.

Hawaii

H.C.R. 206

H.R. 176

Urges the Public Utilities Commission to establish new rules to enforce net neutrality requirements for broadband and internet service providers within the state.

Hawaii S.B. 2088

Requires a provider of broadband internet access services to be transparent with network management practices, performance, and commercial terms of its broadband internet access services. Prohibits a provider of broadband internet access services from blocking lawful websites, impairing or degrading lawful internet traffic, engaging in paid prioritization, or interfering with or disadvantaging users of broadband internet access services.

Idaho H.B. 425

Adds to and amends existing law to provide duties of internet service providers, to provide required disclosure of information, to provide unlawful acts, to provide exceptions and to provide that a telephone corporation and any communications provider it contracts with shall ensure that all internet service and all internet service providers it hosts or accommodates meet certain standards.

Illinois

H.B. 4819

Creates the Broadband Procurement and Disclosure Act. Provides that no State broadband purchaser may award any contract to an Internet service provider that includes broadband service unless the contract provides specified terms concerning access to and impairment of Internet services. Requires each Internet service provider to make available on its website a clear and conspicuous statement informing end users of the Internet service provider's network management practices and performance, including commercial terms offered to end users. Provides enforcement and damages provisions. Provides that nothing in the Act supersedes any obligation or authorization or limits the ability of an Internet service provider to address the needs of emergency communications or law enforcement, public safety, or national security authorities consistent with or as permitted by applicable law. Provides legislative findings. Defines terms.

Illinois

H.B. 5094

Amends the Telecommunications Article of the Public Utilities Act. Requires broadband providers to publicly disclose accurate information regarding network management practices, performance, and commercial terms of its broadband internet access service sufficient for consumers to make informed choices concerning the use of the service. Restricts broadband providers from blocking lawful content, applications, services, or non-harmful devices subject to reasonable network management practices. Restricts broadband providers from impairing or degrading internet traffic on the basis of content, application, or service. Restricts broadband providers from engaging in paid prioritization. Restricts broadband providers from unreasonably interfering with or unreasonably disadvantaging a consumer's ability to use the service or a content provider's ability to make content available to a customer. Provides that the attorney general may enforce a violation of the provisions as an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make conforming changes.

Illinois H.R. 874

Urges the President of the United States and members of the U.S. Congress, and all relevant federal offices to continue to protect net neutrality and open Internet access.

Illinois S.B. 2816

Amends the Illinois Procurement Code. Provides that no state agency may contract with an internet service provider for the provision of broadband internet access service unless that provider certifies, under penalty of perjury, that it will not engage in specified activities concerning Internet access and use. Defines terms.

Illinois

S.B. 2975

Creates the Broadband Procurement and Disclosure Act. Provides that no state broadband purchaser may award any contract to an internet service provider that includes broadband service unless the contract provides specified terms concerning access to and impairment of internet services. Requires each internet service provider to make available on its website a clear and conspicuous statement informing end users of the internet service provider's network management practices and performance, including commercial terms offered to end users. Provides enforcement and damages provisions. Provides that nothing in the Act supersedes any obligation or authorization or limits the ability of an Internet service provider to address the needs of emergency communications or law enforcement, public safety, or national security authorities consistent with or as permitted by applicable law. Provides legislative findings. Defines terms.

Illinois S.R. 1117

Protects net neutrality.

Illinois S.R. 1196

Urges the U.S. Congress and President Trump's administration to advocate for the permanent adoption of net neutrality rules that keep the internet free and open.

Iowa H.F. 2287

Provides for internet neutrality; makes penalties applicable.

Iowa S.F. 2286

Provides for internet neutrality; makes penalties applicable.

Kansas

H.B. 2682

Prohibits the state of Kansas from entering into a contract with any internet service provider that violates the principles of net neutrality.

 

Kentucky H.B. 414

Amends KRS 154.15-010 to create a definition for paid prioritization; creates a new section of Subchapter 15 of KRS Chapter 154 to require KentuckyWired contracts between the Kentucky Communications Network Authority and public or private internet service providers contain certain provisions to ensure open and fair access to the network by customers.

Kentucky H.B. 418

Creates a new section of KRS Chapter 45A requiring broadband internet access service providers doing business with the Commonwealth under the Kentucky Model Procurement Act to adhere to certain network management practices; creates a new section of KRS Chapter 367, Fair Access to the Internet Act, to protect consumers from broadband internet access service providers who fail to adhere to reasonable network management practices.

Kentucky S.B. 195

Amends KRS 154.15-010 to create a definition for paid prioritization; creates a new section of Subchapter 15 of KRS Chapter 154 to require KentuckyWired contracts between the Kentucky Communications Network Authority and public or private internet service providers contain certain provisions to ensure open and fair access to the network by customers.

Louisiana None  
Maine None  

Maryland

H.B. 1654

Passed House 4/4/18

Specifies the circumstances under which a broadband Internet access service provider may handle certain customer personal information in a certain manner; establishes a mechanism through which a broadband Internet access service provider may obtain customer consent to have certain personal information handled in a certain manner.

Maryland

H.B. 1655

Specifies the circumstances under which a broadband internet access service provider may handle certain customer personal information in a certain manner; establishes a mechanism through which a broadband internet access service provider may obtain customer consent to have certain personal information handled in a certain manner; prohibits a broadband internet access service provider from taking certain actions based on whether a customer has consented to have certain customer personal information handle.

Maryland S.B. 287

Provides that state funds may be used only by the state, a political subdivision, or a unit, an agency, or any instrumentality of the state or a political subdivision or by a person awarded a contract or grant by certain persons to procure services from an internet service provider that does not block certain content applications, services, and devices, impair or degrade certain internet traffic on a certain basis, or engage in certain commercial traffic preferencing.

Maryland S.B. 882

Requires a unit to require a certain bidder or offeror to submit a certain certification or application before the unit is authorized to award a procurement contract for a certain Internet-connected device; requires a certain bidder or offeror to certify certain information regarding a certain security vulnerability of a certain Internet-connected device; authorizes a certain bidder or offeror to submit a certain application for a waiver from certain certification requirements.

Massachusetts H.B. 4151

Assures net neutrality by internet service providers and the equal treatment of data on the internet, and to prohibit discrimination or charge disparity of user, content, website, platform, application, type of attached equipment or method of communication.

Massachusetts

H.B. 4222

Provides for net neutrality and consumer protection.

Massachusetts

S.B. 2263

Establishes a Special Senate Committee on Net Neutrality and Consumer Protection.

Massachusetts

S.B. 2336

S.B. 2376

Protects consumers by prohibiting blocking, throttling, or paid prioritization in the provision of internet service.

Massachusetts

S.B. 2389

Ensures a free and open internet in the commonwealth.

Massachusetts

S.B. 2610

Passed Senate 7/19/18

Protects consumers by prohibiting blocking, throttling, or paid prioritization in the provision of internet service.

Michigan S.R. 131

Urges the governor to issue an executive order requiring internet service providers with state contracts to abide by net neutrality principles.

Minnesota

H.F. 3033

S.F. 2880

Relates to broadband service; prohibits certain activities by internet service providers serving Minnesota customers and those under contract to the state or political subdivisions.

Minnesota

H.F. 4411

S.F. 3968

Relates to broadband service; prohibits certain activities by internet service providers serving state customers and those under contract to the state or political subdivisions.

Mississippi None  

Missouri

H.B. 1994

This bill provides that broadband service providers shall publicly disclose information regarding network management practices, performance, and the commercial terms of its broadband internet access. Broadband service providers shall also not block any broadband internet access, impair broadband internet access, engage in paid prioritization, or unreasonably disadvantage an end user's ability to select Internet content or an edge provider's ability to provide internet content to end users. The Public Service Commission may only sanction paid prioritization if it will provide some significant public interest benefit and not impede the open access of the internet. The bill also authorizes the attorney general to enforce the provisions of the bill, with any resulting proceedings including a penalty up to $5,000 for each violation, not to exceed $25,000 per day. Additionally, any individual violating the provisions of the bill shall be subject to all penalties, remedies, and procedures provided by merchandising practice laws.

Missouri H.C.R. 84

Urges Congress to pass legislation reinstating net neutrality.

Montana No 2018 legislative session  

Nebraska

L.B. 856

Adopts the Internet Neutrality Act; changes communications provider requirements under the Nebraska Telecommunications Regulation Act; changes financial assistance provisions relating to the Nebraska Internet Enhancement Fund.

Nebraska L.B. 453

Allows for an interim study to examine net neutrality.

Nevada No 2018 legislative session  

New Jersey

A.B. 1767

S.B. 1577

Establishes “New Jersey Net Neutrality Act.”

 

New Jersey

A.B. 2131

S.B. 2458

Directs BPU to prohibit internet service providers from installing broadband telecommunications infrastructure on certain poles or underground facilities unless internet service providers adhere to principle of “net neutrality.”

New Jersey

A.B. 2132

S.B. 1802

Prohibits awarding of public contracts to internet service providers, unless internet service providers adhere to principle of net neutrality.

New Jersey

A.B. 2139

Requires cable television company to commit to principle of “net neutrality” as condition of approval of application for municipal consent or system-wide franchise.

New Jersey A.B. 3339

Requires cable television companies to provide cable television service and broadband internet speed to all committed service areas before cable television companies allow paid prioritization of Internet network traffic.

New Jersey

A.R. 131

S.R. 25

Adopted 2/1/18

Urges the President and Congress of United States to restore “net neutrality” in federal law.

New Jersey

S.R. 49

Urges the attorney general to join appeal to review FCC’s order concerning “net neutrality” for being contrary to law.

New Mexico

H.B. 95

Relates to trade practices; enacts a section of the unfair practices act to prohibit and makes subject to penalty certain practices in providing broadband internet access; makes an appropriation.

New Mexico

H.B. 144

Relates to trade practices; enacts a section of the unfair practices act to prohibit and makes subject to penalty certain practices in providing broadband internet access; makes an appropriation.

New Mexico S.B. 39

Relates to trade practices; enacts a section of the unfair practices act to prohibit and makes subject to penalty certain practices in providing broadband internet access.

New Mexico S.B. 155

Relates to trade practices; enacts a section of the unfair practices act to prohibit and makes subject to penalty certain practices in providing broadband internet access; makes an appropriation.

New Mexico

S.J.M. 17

Passed Senate 2/13/18

 
New York

A.B. 4783

Enacting clause stricken 1/24/18

Establishes statewide cable franchises for the purposes of competitive cable service, promoting the widespread development of high-capacity broadband internet access, and increasing the availability and quality of services in this key economic development area, and ensuring the safety, reliability, and affordability of telecommunications services.

New York

A.B. 8882

Passed Assembly 6/19/18

S.B. 7183

Relates to instituting internet service neutrality; provides the public service commission with jurisdiction over monitoring broadband internet service providers; requires a certification for internet service neutrality in certain state contracts.

 

New York

A.B. 9057

S.B. 7175

Relates to state contracts being only with internet service providers compliant with net neutrality and establishes a revolving fund for the establishment of municipal internet service providers; appropriates $250 million therefor.

 

New York

A.B. 9059

S.B. 7759

Relates to establishing a commission to study and report on the potential implementation of legislation, rules and regulations for an open internet for New Yorkers.

New York

S.B. 8321

Provides regulatory control of internet service providers by the public service commission, requires internet neutrality and relates to the placement of equipment on utility poles.

North Carolina H.B. 1016

Establishes procedures for procurement of broadband services by state and local government entities to support the principles of net neutrality.

North Carolina S.B. 736

Preserves an open internet in North Carolina and appropriates funds for statewide broadband access.

North Dakota No 2018 legislative session  
N. Mariana Islands Not available  
Ohio None  

Oklahoma

S.B. 1543

Relates to Corporation Commission; creates the Oklahoma Net Neutrality Protection Act; defines terms; prohibits purchase of internet services from certain persons in certain circumstances; establishes procedures for the purchase of internet services through certain contracts; establishes grievance procedures for certain contracts; excludes certain contracts from act; creates the Municipal Internet Service Provider Revolving Loan Fund; appropriates certain amount to fund.

Oregon

H.B. 4155

Signed by governor 4/9/18, Chapter 88

Prohibits public bodies from contracting with broadband Internet access service providers that engage in certain network management activities based on paid prioritization, content blocking or other discrimination.

Pennsylvania

H.B. 2062

Prohibits Internet service providers from engaging in practices which curtail equal access to lawful Internet content, applications, services or use of nonharmful devices; imposes civil penalties.

Pennsylvania

H.B. 2117

Amends Title 66 Public Utilities of the Pennsylvania Consolidated Statutes, in general provisions; provides for definitions; provides for Internet neutrality.

Pennsylvania S.B. 1033

Provides for disclosure requirements for broadband Internet access service providers, for prohibitions and for contracts, grants and tax credits; imposes civil penalties.

Puerto Rico None  

Rhode Island

H.B. 7076

Requires internet service providers to follow Internet service neutrality requirements.

Rhode Island

H.B. 7422

Establishes the Net Neutrality Protection Act of 2018, prohibits unreasonable interference with or unreasonably disadvantaging end users' ability to select, access, and use broadband Internet access service or the lawful internet content, applications, services, or devices of their choice, or edge providers' ability to make lawful content, applications, services, or devices available to end users.

Rhode Island

S.B. 2008

Passed Senate 6/19/18

Requires internet service providers to follow Internet service neutrality requirements.

South Carolina

H.B. 4614

Adds article 25 to chapter 9, title 58 so as to enact the "South Carolina Net Neutrality Preservation Act", defines relevant terms, provides that a telecommunications or internet service provider engaged in the provision of broadband internet access service publicly shall disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain internet offerings, and prohibits certain practices by telecommunications or internet service providers engaged in the provision of broadband internet access service in South Carolina; provides that violations of this act are not reasonable in relation to the development and preservation of business and constitute an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the South Carolina consumer protection code; and provides that a public entity may not enter into a contract with a telecommunications or internet service provider engaged in the provision of broadband internet access service in South Carolina unless the contract includes a representation that the telecommunications or internet service provider is not currently engaged in, and an agreement that the telecommunications or internet service provider will not engage in, those practices prohibited by this act.

South Carolina

H.B. 4706

Adds article 25 to chapter 9, title 58 so as to enact the "South Carolina Net Neutrality Protection and Maintenance Act", defines relevant terms, provides that a telecommunications or internet service provider engaged in the provision of broadband internet access service publicly shall disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband internet access services sufficient for consumers to make informed choices regarding use of these services and for content, application, service, and device providers to develop, market, and maintain internet offerings, and prohibits certain practices by telecommunications or internet service providers engaged in the provision of broadband internet access service in South Carolina; provides that violations of this act are not reasonable in relation to the development and preservation of business and constitute an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the South Carolina consumer protection code; and provides that a public entity may not enter into a contract with a telecommunications or internet service provider engaged in the provision of broadband internet access service in South Carolina unless the contract includes a representation that the telecommunications or internet service provider is not currently engaged in, and an agreement that the telecommunications or internet service provider will not engage in, those practices prohibited by this act.
South Dakota S.B. 195

Establishes certain provisions regarding the state procurement process for internet, data, and telecommunications services.

Tennessee

H.B. 1755

S.B. 1756

Enacts the "Tennessee Neutrality and Internet Consumer Protection Act."

Tennessee

H.B. 2253

S.B. 2183

Requires any internet service provider that provides internet to the state to provide a net neutral internet service.

Tennessee

H.B. 2405

S.B. 2449

Creates a task force of the General Assembly to study the effects of overturning the FCC's net neutrality rules.

Texas

No 2018 legislative session

 

Utah

None

 

Vermont

H.B. 680

This bill proposes to establish consumer protection and net neutrality standards applicable to internet service providers in Vermont. The standards are enforceable under Vermont’s Consumer Protection Act. In addition, the bill further specifies that the standards apply to broadband internet access service that is the subject of or pertains to: (1) pole attachments and cable line extensions; (2) wired and wireless facilities on or within State land and public highways and rights-of-way; (3) telecommunications facility siting; (4) grants or awards through programs supported by the Vermont Universal Service Fund; (5) government contracts, including executive, legislative, and judicial contracts for internet service; and (6) state telecommunications policy and planning.

Vermont

S.B. 289

Signed by governor 5/22/18, Act 169

This act requires an internet service provider to certify that it is in compliance with consumer protection and net neutrality standards in order to be eligible to receive a government contract for Internet service beginning April 15, 2019 or the date on which the governor’s Executive Order No. 2-18 (internet neutrality in state procurement) is revoked and rescinded, whichever is earlier. The act also requires the attorney general to review the network management practices of ISPs in Vermont and determine whether they are in compliance with the 2015 FCC net neutrality rules and to disclose those findings on a publicly available website.

 

Virginia

H.B. 705

Prohibits a provider of broadband services from offering or renewing services to consumers within any locality in the commonwealth in which certain media is throttled, blocked, or prioritized on the basis of its content, format, host address, or source.

Virginia

S.B. 948

Stricken from docket 1/29/18

Provides that an entity engaged in the provision of broadband internet access service in the commonwealth shall not (i) block lawful content, applications, services, or nonharmful devices, subject to reasonable network management; (ii) impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management; (iii) engage in paid prioritization; or (iv) unreasonably interfere with or unreasonably disadvantage (a) end users' ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of their choice or (b) edge providers' ability to make lawful content, applications, services, or devices available to end users. The bill also provides that except as provided in certain limited circumstances, a provider shall not knowingly disclose certain personally identifiable information concerning a consumer of the Internet service provider.

Virginia S.B. 949

Limits public procurement of Internet access services to service providers that meet certain requirements related to Internet neutrality and privacy.

Virgin Islands Not available  

Washington

H.B. 2282

Signed by governor 3/5/18, Chapter 5

Requires a person providing broadband internet access service in the state to publicly disclose accurate information regarding the network management practices, performance characteristics, and commercial terms of its services sufficient for consumers to make informed choices regarding the purchase and use of the services and entrepreneurs and other small businesses to develop, market, and maintain internet offerings. Prohibits a person engaged in the provision of broadband internet access service in the state from: (1) Blocking lawful content, applications, services, or nonharmful devices; (2) Impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device; or (3) Engaging in paid prioritization. Creates the internet consumer access account.

Washington

H.B. 2284

Requires a person providing broadband internet access service in the state to publicly disclose accurate information regarding the network management practices, performance characteristics, and commercial terms of its services sufficient for consumers to make informed choices regarding the purchase and use of the services and entrepreneurs and other small businesses to develop, market, and maintain internet offerings. Prohibits a person engaged in the provision of broadband internet access service in the state from: (1) Blocking lawful content, applications, services, or nonharmful devices; (2) Impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device; or (3) Engaging in paid prioritization. Creates the internet consumer access account.

Washington

S.B. 6423

Establishes the net neutrality act. Finds that the Federal Communications Commission has repealed net neutrality rules intended to protect consumers and to ensure fair and reasonable access to the internet. Declares an intent to: (1) Ensure that corporations do not impede competition or engage in deceptive consumer practices and that they offer service to customers on a nondiscriminatory basis; and (2) Ensure certain principles are met in the provision of internet services. Requires the director of the consolidated technology services agency to: (1) Adopt guidelines that identify and specify the state government's role as an internet customer; (2) Use that customer power to ensure implementation of this act; and (3) Establish sample master contracts for public entities to be used as an incentive for internet service providers to comply with the net neutrality standards. Creates the internet consumer access account.

Washington S.B. 6446

Requires a person engaged in the provision of broadband internet access service in the state to publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its services sufficient for consumers to make informed choices regarding the use of those services. Finds a broadband internet access provider in violation of this act if the provider makes assertions about its service that contain errors, are inconsistent with the provider's disclosure statement, or are misleading or deceptive. Prohibits the department of enterprise services, the office of the chief information officer, and all other state agencies from entering into contracts with vendors offering broadband internet access services unless the vendor commits to providing equal connection for all users to lawful internet content, applications, and services. Creates the internet consumer access account.

West Virginia

H.B. 4399

Adds a new article, designated §1-7-1, §1-7-2 and §1-7-3, all relating to net neutrality for state government; provides legislative findings; defines terms; requires the state to utilize net neutral internet services and associated activities; and provides exceptions thereto.

West Virginia

S.B. 396

Creates state Net Neutrality Act.

Wisconsin

A.B. 908

Failed to pass pursuant to Senate Joint Resolution 1 3/28/18

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.

Wisconsin

A.B. 909

Failed to pass pursuant to Senate Joint Resolution 1 3/28/18

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.

 

Wisconsin

S.B. 740

Failed to pass pursuant to Senate Joint Resolution 1 3/28/18

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.

Wisconsin

S.B. 743

Failed to pass pursuant to Senate Joint Resolution 1 3/28/18

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.

Wyoming None  

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Heather Morton is a program principal in Fiscal Affairs. She covers financial services, alcohol production and sales, and telecommunications issues for NCSL.

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