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HB18-1312

Open Internet Customer Protections In Colorado

Concerning the protection of the open internet, and, in connection therewith, disqualifying 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.
Session:
2018 Regular Session
Subject:
Telecommunications & Information Technology

Section 1 of the bill disqualifies an internet service provider from receiving money from the high cost support mechanism if the internet service provider engages in any of the following practices:

  • Blocking lawful internet content, applications, services, or devices unless such blocking is conducted in a manner consistent with reasonable network management practices;
  • Engaging in paid prioritization of internet content;
  • Regulating network traffic by throttling bandwidth or otherwise impairing or degrading lawful internet traffic on the basis of internet content, application, service, or use of a device unless such impairment or degradation is conducted in a manner consistent with reasonable network management practices; or
  • Not providing transparency of its reasonable network management practices.

Section 1 also requires that, if the public utilities commission, after reviewing any federal agency or federal court decision against an internet service provider, determines that, based on the federal decision, the internet service provider has engaged in any of the practices listed above, the commission shall issue an order requiring the internet service provider to refund any money that the internet service provider received in the prior 24 months from the high cost support mechanism or from any other state support mechanism or other state funding source established to help finance broadband deployment.

Section 2 requires the broadband deployment board to periodically review the websites of the federal trade commission and the federal communications commission to determine if either agency issued a decision concerning a broadband deployment grant applicant or recipient. If, upon the board's review of any such agency decision, the board determines based on the federal agency's decision that a grant applicant or recipient has engaged in any of the practices listed above in section 1, the board shall deny the application and inform the public utilities commission about the grant recipient.

Section 3 requires the attorney general or the attorney general's designee, in collaboration with the broadband deployment board, to develop guidance for consumers on how to file a complaint with the federal trade commission to allege that an internet service provider has engaged in any of the practices listed above.

Section 4 requires a governmental body, when contracting for broadband internet access service, to give a preference to an internet service provider that certifies to the governmental body that it will not engage in any of the practices listed above in section 1.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Lost

Bill Text