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PRINTER'S NO. 3052
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2062
Session of
2018
INTRODUCED BY WHEATLEY, FEBRUARY 28, 2018
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 28, 2018
AN ACT
Prohibiting Internet service providers from engaging in
practices which curtail equal access to lawful Internet
content, applications, services or use of nonharmful devices;
and imposing civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Net
Neutrality Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Broadband Internet access service." As follows:
(1) A mass-market retail service by wire or radio in
this Commonwealth 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
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service.
(2) The term includes a service in this Commonwealth
that provides the functional equivalent of the service
specified under paragraph (1) or is used to evade the
protections set forth under this act.
(3) The term does not include dial-up Internet access
service.
"Edge provider." A person or entity in this Commonwealth
that provides any of the following:
(1) Content, applications or services over the Internet.
(2) Devices used for accessing content, applications or
services over the Internet.
"Internet service provider." A person or entity that
provides broadband Internet access service in this Commonwealth.
"Paid prioritization." The management of an Internet
provider's network to directly or indirectly favor some Internet
traffic over other Internet traffic, including through the use
of techniques such as Internet traffic shaping, prioritization,
resource reservation or other forms of preferential Internet
traffic management, in exchange for economic consideration from
a third party or to benefit an affiliated entity.
Section 3. Prohibitions on certain activities by Internet
service providers.
Except for the purpose of reasonable network management, an
Internet service provider may not engage in any of the following
activities:
(1) Blocking lawful Internet content, applications,
services or use of nonharmful devices.
(2) Impairing or degrading Internet traffic on the basis
of lawful Internet content, applications, services or use of
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nonharmful devices.
(3) Paid prioritization.
(4) Providing preferential treatment for some Internet
traffic to an Internet user.
(5) Unreasonably interfering with or unreasonably
disadvantaging an Internet user's ability to select, access
and use broadband Internet access service or lawful Internet
content, applications, services or use of nonharmful devices
of the Internet user's choice.
(6) Unreasonably interfering with or unreasonably
disadvantaging an edge provider's ability to make lawful
Internet content, applications, services or the use of
nonharmful devices available to an Internet user.
(7) Engaging in deceptive or misleading marketing
practices that misrepresent the treatment of Internet traffic
or content to an Internet user.
(8) Advertising, offering for sale, or selling broadband
Internet access service without prominently disclosing with
specificity all aspects of the service advertised, offered
for sale or sold.
Section 4. Administration.
The Office of Attorney General shall administer this act.
Section 5. Penalties.
An Internet service provider that knowingly aids or
participates in a violation of this act shall be subject to any
of the following penalties:
(1) A fine of not less than $1,000,000, payable to the
Commonwealth.
(2) Revocation of the Internet service provider's
charter if the Internet service provider is organized under
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the laws of this Commonwealth.
(3) Revocation of the Internet service provider's
certificate of authority to do business in this Commonwealth
if the Internet service provider is not organized under the
laws of this Commonwealth.
Section 6. Effective date.
This act shall take effect in 60 days.
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