HOUSE DOCKET, NO. 2653        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 141

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Andres X. Vargas and David M. Rogers

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act removing barriers to internet regulation, competition and affordability.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Andres X. Vargas

3rd Essex

2/17/2021

David M. Rogers

24th Middlesex

2/25/2021

Marcos A. Devers

16th Essex

2/18/2021

Christina A. Minicucci

14th Essex

2/18/2021

Vanna Howard

17th Middlesex

2/18/2021

Patrick Joseph Kearney

4th Plymouth

2/22/2021

David Henry Argosky LeBoeuf

17th Worcester

2/23/2021

Maria Duaime Robinson

6th Middlesex

2/25/2021

Susan L. Moran

Plymouth and Barnstable

2/26/2021

Peter Capano

11th Essex

2/26/2021

Michelle L. Ciccolo

15th Middlesex

2/26/2021

Lindsay N. Sabadosa

1st Hampshire

2/26/2021

James K. Hawkins

2nd Bristol

2/26/2021

Natalie M. Blais

1st Franklin

2/26/2021

Antonio F. D. Cabral

13th Bristol

2/26/2021

Brian W. Murray

10th Worcester

2/26/2021

Jack Patrick Lewis

7th Middlesex

2/26/2021

Dylan A. Fernandes

Barnstable, Dukes and Nantucket

3/8/2021

Bradley H. Jones, Jr.

20th Middlesex

3/9/2021

Elizabeth A. Malia

11th Suffolk

3/15/2021

David Allen Robertson

19th Middlesex

4/27/2021

Danillo A. Sena

37th Middlesex

6/16/2021

Nika C. Elugardo

15th Suffolk

12/1/2021


HOUSE DOCKET, NO. 2653        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 141

By Messrs. Vargas of Haverhill and Rogers of Cambridge, a petition (accompanied by bill, House, No. 141) of Andres X. Vargas, David M. Rogers and others relative to regulating broadband internet rate increases, speed and access across the Commonwealth.  Advanced Information Technology, the Internet and Cybersecurity.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act removing barriers to internet regulation, competition and affordability.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 6A of chapter 25C of the General Laws is hereby repealed.

SECTION 2. Chapter 25C of the General Laws is hereby amended by striking out section 8 and inserting in place thereof the following section: —

Section 8: Division of broadband (a) For purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:—

“Broadband Internet Access Service” also known as “broadband”, means a mass-market retail service by wire or radio provided to customers in Massachusetts that provides the capability to transmit data to and receive data from all, or substantially all Internet endpoints, including but not limited to, any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. Broadband Internet Access Service also encompasses any service provided to customers in Massachusetts that provides a functional equivalent of that service or that is used to evade the protections set forth in this act.

“data cap or allowance”, means a limit on, or a fee-based structure with the purpose of limiting, the number of bits a consumer may download or upload during a period of time specified by an Internet Service Provider.

“net neutrality” means the principle that internet service providers must treat all internet communications equally and not discriminate or charge differently based on variables including, but not limited to user, content, website platform, application, type of equipment, source address, destination address or method of communication. It also includes the principle that internet service providers may not intentionally block, slowdown or charge for specific online content. Further, it includes the principle that internet service providers cannot prioritize certain types of traffic, meter others, or potentially block traffic from specific services, while charging consumers for various tiers of service.

(b) Notwithstanding any provision of general or special law to the contrary, there shall be in the department and under the supervision and control of the commissioner a division of broadband. The division, subject to such supervision and control, shall perform functions that the commissioner may determine in relation to the administration, implementation, and enforcement of the department's authority over the Broadband Internet Access Service industry.

(c) Notwithstanding any provision of general or special law to the contrary, the division, subject to supervision and control of the commissioner, may perform functions and enforcements over the Broadband Internet Access Service industry including, but not limited to: (a) rate regulation; (b) net neutrality; (c) minimum broadband download and upload speed; and (d) data caps and allowances.

SECTION 3. Notwithstanding any provision of general or special law to the contrary, Section 2(c) of this act shall take effect when the state has the authority.