Amendment ID: S2610-3

Amendment 3

Open & Free Internet

Messrs. Eldridge and Lesser move that the proposed new draft be amended by adding the following section:

SECTION 7. Section 6A of chapter 25C of the General Laws is hereby repealed.;

by inserting, in line 34, after the word “entity”, the following definitions:-

“Reasonable network management”, a network management practice that is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and any technology and operational limitations of the broadband internet access service provider.

“Throttle”, intentional manipulation including, but not limited to, selectively slowing, speeding, altering, degrading, interfering with, enhancing, or privileging of internet service by a broadband internet access service provider.;

by striking out, in line 12, the word “section”, and inserting in place thereof the following word:- sections;

by inserting after the word “section”, in line 82, the following:-

Section 10. (a) No person engaged in the provision of broadband internet access service in the commonwealth, or a telecommunications or internet service provider that has entered into a franchise agreement, right-of-way agreement, or other contract with the state of Massachusetts or a political subdivision thereof, under section 25A of chapter 166, section 21 of chapter 81, or section 3 of chapter 4A of the General Laws, or that uses facilities that are subject to such agreements, even if it is not a party to the agreement, shall:

(1) block lawful content, applications, or services, subject to reasonable network management;

(2) prohibit the use of non-harmful devices, subject to reasonable network management;

(3) throttle lawful traffic based on source, application or services, destination, content, ownership or type, subject to reasonable network management; or

(4) engage in paid prioritization.

(c) The department shall establish a process for broadband internet access service providers to certify that they will not engage in practices inconsistent with subsection (b), limit state-conferred benefits to broadband internet access service providers, limit applicability to pole attachment rules to broadband internet access service providers that adhere to subsection (b), and review state-conferred benefits such as easements and taxes.

(d) The attorney general shall enforce this section through adjudication of complaints alleging such violations in accordance with sections one to fourteen A, inclusive, of chapter 93 of the General Laws.

(e) Nothing in this section supersedes any obligation or authorization a provider of broadband internet access service may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or limits a provider’s ability to do so, or prohibits reasonable efforts by a provider of broadband internet access service to address copyright infringement or other unlawful activities.

(f) Nothing in this section shall be construed to limit a consumer’s choice of service plan or a consumer’s control over a chosen broadband internet access service, or the ability of broadband internet access service providers to offer specialized services.

(g) Notwithstanding any other provision of law, the provision of broadband internet access service or any other mass market retail service providing advanced telecommunications capability, as that term is defined in 47 U.S.C. section 1302, shall be considered to be an information service.; and

by adding the following section:-

SECTION 8. Within 90 days after the enactment of this act, the department shall adopt formal complaint procedures to address alleged violations of section 10 of chapter 25C.