Representative Kraft introduces HF2021, which relates to activities prohibited by Internet service providers serving Minnesota customers (Net Neutrality) to the MN House Commerce Finance and Policy Committee. Turns out Representative Kraft (who introduced the bill) worked for Sprint in 1995, when the Internet shifted from a public network to private providers hosting the backbone. Sprint was one of these providers. An interesting perspective.
Short description: HF2021 (Kraft) Activities prohibited by Internet service providers serving Minnesota customers and those under contract to state or political subdivisions, and monetary fines authorized.
(Long description below)
There were public testifiers including Murina Mohamed from ACLU and Elliot Payne from the Minneapolis City Council, who spoke in support of the bill; Melissa Wolf from MN Cable Communications Association, Brent Christensen from Minnesota Telecom Alliance and Sarah Psick from CTIA Wireless Association spoke against the bill.
Supporters want to secure an open internet; detractors are wonder if the State is place to do this and does the State have the expertise to regulate/differentiate network management from net neutrality.
Questions:
Why do we need this if the feds are looking too?
The federal government has been in and out of the issue based on the Administration. Feds may pick it up in October again.
Will this be a problem with interstate commerce?
I don’t think so.
Since this in MN-only. It should not be a problem.
What costs have accrued to customers in states where this has passed?
No indication of impact on cost. The industry folks say they are already doing this so there shouldn’t be expenses.
Have Minnesotans been complaining about Net Neutrality?
Now sure but we will look.
With states who have passed this – do you know if there had been complaints there?
No information here.
Motion prevailed and was placed on general register.
A bill for an act
relating to broadband service; prohibiting certain activities by Internet service
providers serving Minnesota customers and those under contract to the state or
political subdivisions; authorizing monetary fines; proposing coding for new law
in Minnesota Statutes, chapters 16C; 325F.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
[16C.57] CONTRACTS FOR INTERNET SERVICE; ADHERENCE TO
NET NEUTRALITY.Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given in this subdivision.(b) “Broadband Internet access service” means:
(1) a mass-market retail service by wire or radio that provides the capability, including
any capability that is incidental to and enables the operation of the communications service,
to transmit data to and receive data from all or substantially all Internet endpoints;(2) any service that provides a functional equivalent of the service described in clause
(1); or(3) any service that is used to evade the protections established under this section.
Broadband Internet access service includes service that serves end users at fixed endpoints
using stationary equipment or end users using mobile stations, but does not include dial-up
Internet access service.(c) “Edge provider” means any person or entity that provides (1) any content, application,
or service over the Internet, or (2) a device used to access any content, application, or service
over the Internet. Edge provider does not include a person or entity providing obscene
material, as defined by section 617.241.(d) “Internet service provider” means a business that provides broadband Internet access
service to a customer in Minnesota.(e) “Paid prioritization” means the management of an Internet service provider’s network
to directly or indirectly favor some traffic over other traffic (1) in exchange for monetary
or other consideration from a third party, or (2) to benefit an affiliated entity.Subd. 2.
Purchasing or funding broadband Internet access services; prohibitions.
A
state agency or political subdivision is prohibited from entering into a contract or providing
funding to purchase broadband Internet access service after August 1, 2023, that does not
contain:(1) a binding agreement in which the Internet service provider certifies to the
commissioner of commerce that the Internet service provider must not engage in any of the
following activities with respect to any of the Internet service provider’s Minnesota
customers:(i) subject to reasonable network management, block lawful content, applications,
services, or nonharmful devices;(ii) subject to reasonable network management, impair, impede, or degrade lawful
Internet traffic on the basis of (A) Internet content, application, or service, or (B) use of a
nonharmful device;(iii) engage in paid prioritization;
(iv) unreasonably interfere with or unreasonably disadvantage:
(A) a customer’s ability to select, access, and use broadband Internet service or lawful
Internet content, applications, services, or devices of the customer’s choice; or(B) an edge provider’s ability to provide lawful Internet content, applications, services,
or devices to a customer, except that an Internet service provider may block content if the
edge provider charges or intends to charge a fee to the Internet service provider for providing
the content; or(v) engage in deceptive or misleading marketing practices that misrepresent the treatment
of Internet traffic or content; and(2) provisions requiring the state agency or political subdivision, upon determining the
Internet service provider has violated the binding agreement under clause (1), to: (i)
unilaterally terminate the contract for broadband Internet access service without penalty to
the state agency or political subdivision, as applicable; and (ii) require the Internet service
provider to remunerate the state agency or political subdivision for all revenues earned
under the contract during the period when the violation occurred.Subd. 3.
Other laws.
Nothing in this section: (1) supersedes any obligation or
authorization an Internet service provider 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 (2) limits the provider’s ability to meet, address,
or comply with the needs identified in clause (1).Subd. 4.
Exception.
This section does not apply to a state agency or political subdivision
that purchases or funds fixed broadband Internet access services in a geographic location
where broadband Internet access services are only available from a single Internet service
provider.Subd. 5.
Enforcement.
The commissioner of commerce must enforce a violation of the
certification provided under subdivision 2. An Internet service provider who materially or
repeatedly violates this section is subject to a fine of not more than $1,000 for each violation.
A fine authorized by this section may be imposed by the commissioner through a civil action
brought by the commissioner under section 45.027, or by the attorney general under section
8.31 on behalf of the state of Minnesota. Fines collected under this subdivision must be
deposited into the state treasury.Sec. 2.
[325F.6945] INTERNET SERVICE PROVIDERS; PROHIBITED ACTIONS.
Subdivision 1.
Definitions.
The definitions in section 16C.57 apply to this section.
Subd. 2.
Prohibited actions.
An Internet service provider is prohibited from engaging
in any of the following activities with respect to any of the Internet service provider’s
Minnesota customers:(1) subject to reasonable network management, block lawful content, applications,
services, or nonharmful devices;(2) subject to reasonable network management, impair, impede, or degrade lawful Internet
traffic on the basis of (i) Internet content, application, or service, or (ii) use of a nonharmful
device;(3) engage in paid prioritization;
(4) unreasonably interfere with or unreasonably disadvantage:
(i) a customer’s ability to select, access, and use broadband Internet service or lawful
Internet content, applications, services, or devices of the customer’s choice; or(ii) an edge provider’s ability to provide lawful Internet content, applications, services,
or devices to a customer; or(5) engage in deceptive or misleading marketing practices that misrepresent the treatment
of Internet traffic or content.Subd. 3.
Certification required.
Prior to offering service to a customer in Minnesota,
or prior to August 1, 2023, for Internet service providers already offering service to customers
in Minnesota, an Internet service provider must file a document with the commissioner of
commerce certifying that it must not engage in any of the activities prohibited under
subdivision 2. The filing required by this subdivision must be provided (1) prior to offering
service for the first time in Minnesota, (2) at any time after a company or entity has changed
ownership or merged with another entity, and (3) prior to offering service in the state after
the company has suspended service for more than 30 days. An Internet service provider is
not required to make filings under this subdivision on an annual basis.Subd. 4.
Other laws.
Nothing in this section: (1) supersedes any obligation or
authorization an Internet service provider 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 (2) limits the provider’s ability to meet, address,
or comply with the needs identified in clause (1).Subd. 5.
Enforcement.
(a) A violation of subdivision 2 may be enforced by the
commissioner of commerce under section 45.027 or by the attorney general under section
8.31. The venue for enforcement proceedings is Ramsey County.(b) A violation of the certification provided under subdivision 3 must be enforced under
section 609.48. The venue for enforcement proceedings is Ramsey County.