PRINTER'S NO. 413
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
393
Session of
2019
INTRODUCED BY FARNESE, BREWSTER, TARTAGLIONE, COSTA, COLLETT,
SCHWANK, BLAKE AND HUGHES, MARCH 13, 2019
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 13, 2019
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for definitions; and providing for Internet
neutrality.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Paragraph (1) of the definition of "public
utility" in section 102 of Title 66 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Public utility."
(1) Any person or corporations now or hereafter owning
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or operating in this Commonwealth equipment or facilities
for:
(i) Producing, generating, transmitting,
distributing or furnishing natural or artificial gas,
electricity, or steam for the production of light, heat,
or power to or for the public for compensation.
(ii) Diverting, developing, pumping, impounding,
distributing, or furnishing water to or for the public
for compensation.
(iii) Transporting passengers or property as a
common carrier.
(iv) Use as a canal, turnpike, tunnel, bridge,
wharf, and the like for the public for compensation.
(v) Transporting or conveying natural or artificial
gas, crude oil, gasoline, or petroleum products,
materials for refrigeration, or oxygen or nitrogen, or
other fluid substance, by pipeline or conduit, for the
public for compensation.
(vi) Conveying or transmitting messages or
communications, except as set forth in paragraph (2)(iv),
by telephone or telegraph or domestic public land mobile
radio service including, but not limited to, point-to-
point microwave radio service for the public for
compensation.
(vii) Wastewater collection, treatment, or disposal
for the public for compensation.
(viii) Providing limousine service in a county of
the second class pursuant to Subchapter B of Chapter 11
(relating to limousine service in counties of the second
class).
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(ix) Providing persons with the ability to connect
to the Internet through equipment that is located in this
Commonwealth.
* * *
Section 2. Title 66 is amended by adding a chapter to read:
CHAPTER 30A
INTERNET NEUTRALITY
Sec.
30A01. Definitions.
30A02. Internet service providers.
30A03. Rules and regulations.
30A04. Violation of chapter.
30A05. Applicability.
§ 30A01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Broadband Internet access service." 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. The term does not include dial-up Internet access
service.
"Edge provider." A person that provides any content,
application or service over the Internet and any device used for
accessing any content, application or service over the Internet.
"Internet service provider." A person that provides
broadband Internet access service in this Commonwealth.
"Paid prioritization." The management of an Internet service
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provider's network to directly or indirectly favor some traffic
over other traffic, including the use of techniques such as
traffic shaping, prioritization, resource reservation or other
forms of preferential traffic management in exchange for
consideration, monetary or otherwise, from a third party or to
benefit an affiliated person.
§ 30A02. Internet service providers.
An Internet service provider that provides broadband Internet
access service may not engage in any of the following:
(1) Blocking lawful content, applications, services or
nonharmful devices, subject to reasonable network management
practices.
(2) Impairing or degrading lawful Internet traffic on
the basis of Internet content, application or service, or use
of a nonharmful device, subject to reasonable network
management practices.
(3) Engaging in paid prioritization or providing
preferential treatment of some Internet traffic to an
Internet customer.
(4) Unreasonably interfering with or unreasonably
disadvantaging either a customer's ability to select, access
and use broadband Internet access service or lawful Internet
content, applications, services or devices of the customer's
choice, or an edge provider's ability to make lawful content,
applications, services or devices available to a customer.
(5) Engaging in deceptive or misleading marketing
practices that misrepresent the treatment of Internet traffic
or content to its customers.
(6) Advertising, offering for sale or selling broadband
Internet access service without prominently disclosing with
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specificity all aspects of the service advertised, offered
for sale or sold.
§ 30A03. Rules and regulations.
The Pennsylvania Public Utility Commission may promulgate
rules and regulations necessary to administer and enforce this
chapter.
§ 30A04. Violation of chapter.
(a) Unfair trade practice.--It shall be an unfair or
deceptive act or practice and a violation of the act of December
17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices
and Consumer Protection Law, to violate any provision of this
chapter.
(b) Commonwealth agency contracts.--A Commonwealth agency
may not enter into a contract with an Internet service provider
found to be in violation of this chapter.
(c) Definition.--As used in this section, the term
"Commonwealth agency" shall have the meaning given to it in 62
Pa.C.S. § 103 (relating to definitions).
§ 30A05. Applicability.
This chapter shall apply to contracts entered into on or
after the effective date of this section.
Section 3. This act shall take effect in 60 days.
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