ASSEMBLY, No. 2131

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Assemblyman  NICHOLAS CHIARAVALLOTI

District 31 (Hudson)

Assemblyman  ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblyman  CLINTON CALABRESE

District 36 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblyman Mukherji

 

 

 

 

SYNOPSIS

     Directs BPU to prohibit Internet service providers from installing broadband telecommunications infrastructure on certain poles or underground facilities unless Internet service providers adhere to principle of “net neutrality.”

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning Internet service providers and supplementing Title 48 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in this act:

     “Broadband telecommunications infrastructure” shall have the same meaning as provided in section 1 of P.L.2007, c.191 (C.40:9D-1).

     “Internet service provider” shall have the same meaning as provided in section 3 of P.L.2007, c.272 (C.56:8-170), including a governing body of a local unit that provides Internet service pursuant to P.L.2007, c.191 (C.40:9D-1 et seq.).

     “Paid prioritization” shall mean the management of an Internet 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 consideration from a third party or to benefit an affiliated entity.

     "Underground facility" means any public or private personal property which is buried, placed below ground, or submerged on a right-of-way, easement, public street, other public place or private property and used for telephone, cable television, or broadband Internet service.

 

     2.    Notwithstanding any law, rule, regulation, or order to the contrary, and consistent with federal law, the Board of Public Utilities shall prohibit an Internet service provider from installing broadband telecommunications infrastructure on any pole or post located on or over any highway or any right-of-way, or on any underground facility, belonging to a public utility or cable television company, unless the Internet service provider:

      a.    publicly discloses to customers located in this State accurate information regarding the network management practices and performance, and commercial terms of its Internet service;

      b.   does not engage in paid prioritization; and

      c.    permits customers located in this State to:

     (1)   access all lawful Internet content, applications, and services, and to use non-harmful Internet-enabled devices, without discrimination, subject to reasonable network management; and

     (2)   access all lawful Internet content, applications, and services, and to use non-harmful Internet-enabled devices, without the impairment or degradation of Internet access speeds, subject to reasonable network management.

 

     3.    This act shall take effect immediately.

STATEMENT

 

     This bill directs the Board of Public Utilities to prohibit an Internet service provider (ISP) from installing broadband telecommunications infrastructure on any pole or post located on or over any highway or any right-of-way, or on any underground facility, belonging to a public utility or cable television company, unless the ISP: (1) publicly discloses to customers located in this State accurate information regarding the network management practices and performance, and commercial terms of its Internet service; (2) does not engage in paid prioritization; and (3) permits customers located in this State to access all lawful Internet content, applications, and services, and to use non-harmful Internet-enabled devices, without discrimination and without the impairment or degradation of Internet access speeds, subject to reasonable network management.

     In this bill, “paid prioritization” means the management of an ISP’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 consideration from a third party or to benefit an affiliated entity.