ASSEMBLY, No. 2131
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Assemblyman NICHOLAS CHIARAVALLOTI
District 31 (Hudson)
Assemblyman ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblyman Mukherji, Assemblywoman Swain, Assemblymen Tully and Conaway
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 reported by the Assembly Science, Innovation and Technology Committee on March 12, 2018, with amendments.
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” 1[shall mean] means1 the management of an Internet service provider’s network to directly or indirectly favor some 1data1 traffic over other 1data1 traffic, including through use of techniques such as 1data1 traffic shaping, prioritization, resource reservation, or other forms of preferential 1data1 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.