L.B.856. Adopt the Internet Neutrality Act, change communications provider requirements under the Nebraska Telecommunications Regulation Act, and change financial assistance provisions relating to the Nebraska Internet Enhancement Fund

Nebraska Unicameral
Last action 10 months ago
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Summary

                    Section 1. Sections 1 to 10 of this act shall be known and may be cited as the Internet Neutrality Act.

Sec. 2. The Legislature finds and declares that:

(1) The Internet enables users to communicate with one another with unprecedented speed and efficiency and has dramatically changed how people share and receive information. It is also a means of diverse and democratic political communication and is the marketplace of ideas. In many ways Internet rights are civil rights. The digital and Internet revolution has provided the most diverse, democratic, interactive, and participatory communications system that people have ever experienced.
                
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                    For Nebraskans, the Internet deserves as much First Amendment protection as traditional media. The role of government should be to maintain this unique and vast free speech zone; (2) The Internet is one of the most important components of commerce in the state. Internet access and commerce not only provide for online access to business customers, but also provide a viable means for new businesses to compete against other established businesses. The open Internet guarantees that new and innovative businesses can and will provide products or services without interference or restriction from competitors that are affiliated or contract with Internet service providers. The Internet has provided small businesses the ability to market products or services to customers or consumers in a true global market and has created a means by which to reach international audiences at minimal costs. Net neutrality promotes innovation by preventing large companies from leveraging their market power to restrict competition from smaller, dynamic, web-based innovator companies; and (3) Net neutrality is the principle that Internet service providers should treat online data equally by not (a) discriminating based on user or content or (b) limiting or restricting access to certain web sites, applications, or content. Net neutrality is the way that the Internet has always worked for the majority of Nebraska Internet users.

Sec. 3. For purposes of the Internet Neutrality Act:

(1) Broadband Internet access service means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including 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 includes any service that provides a functional equivalent of the service described in this subdivision or that is used to evade the protections set forth in the Internet Neutrality Act; (2) Content, applications, and services means all traffic transmitted to or from end users of a broadband Internet access service, including traffic that may not fit clearly into any of these categories; (3) Edge provider means any person or entity that provides any content, application, or service over the Internet and any person or entity that provides a device used for accessing any content, application, or service over the Internet; (4) End user means any person or entity that uses a broadband Internet access service; (5) Fixed broadband Internet access service means a broadband Internet access service that serves end users primarily at fixed endpoints using stationary equipment. Fixed broadband Internet access service includes fixed wireless services, fixed unlicensed wireless services, and fixed satellite services; (6) Mobile broadband Internet access service means a broadband Internet access service that serves end users primarily using mobile stations; (7) Paid prioritization means the management of a broadband Internet access service provider's network to directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either in exchange for monetary or other consideration from a third party or to benefit an affiliated entity; and (8) Reasonable network management means a network management practice that has a primarily technical network management justification but does not include other business practices. A network management practice is reasonable if it is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.

Sec. 4. An Internet service provider shall not provide any fixed or mobile broadband Internet access service that is not in full compliance with the Internet Neutrality Act.

Sec. 5. Any Internet service provider that provides fixed or mobile broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access service sufficient for users of those services to be able to fully and accurately determine if the service is in compliance with the Internet Neutrality Act.

Sec. 6. No Internet service provider that provides fixed or mobile broadband Internet access service may block lawful content, applications, services, or nonharmful devices, subject to reasonable network management.

Sec. 7. No Internet service provider engaged in the provision of fixed or mobile broadband Internet access service shall impair or degrade lawful Internet traffic on the basis of content, application, or service or use of a nonharmful device, subject to reasonable network management.

Sec. 8. No Internet service provider engaged in the provision of fixed or mobile broadband Internet access service shall engage in paid prioritization. A user of such service may waive the ban on paid prioritization as to a particular broadband Internet access service only if the Internet service provider demonstrates that the practice would provide some significant public interest benefit and would not harm the open nature of such service.

Sec. 9. No Internet service provider engaged in the provision of fixed or mobile broadband Internet access service shall unreasonably interfere with or unreasonably disadvantage (1) the ability of users of such services to select, access, or use broadband Internet access service, lawful content, application, or service, or devices of their choice or (2) the ability of edge providers to make lawful content, application, service, or devices available to users of such service.

Reasonable network management shall not be considered a violation of this section.

Sec. 10. Nothing in the Internet Neutrality Act supersedes any obligation or authorization or limits the ability of a provider of fixed or mobile broadband Internet access service to address the needs of emergency communications or law enforcement, public safety, or national security authorities consistent with or as permitted by applicable law.

Nothing in the Internet Neutrality Act prohibits reasonable efforts by a fixed or mobile provider of broadband Internet access service to address copyright infringement or other unlawful activity.

Sec. 11. Section 86-125, Reissue Revised Statutes of Nebraska, is amended to read:

(6) The communications provider shall ensure that all Internet service it offers, or any Internet service provider it hosts or accommodates in the provision of its Internet service, is in compliance with the Internet Neutrality Act;

Sec. 12. Section 86-580, Reissue Revised Statutes of Nebraska, is amended to read:

(2) The commission shall not provide assistance unless (a) the service provider is an eligible service provider of telecommunications, video, Internet, or other related services as determined by rule and regulation of the commission, and (b) the applicant can provide matching funds of at least twenty-five percent of the total projected cost, and (c) the service provider ensures that any Internet service provider it utilizes is in compliance with the Internet Neutrality Act.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

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  • Date of introduction

    Fri, Jan 5th 2018