SENATE, No. 1802

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 8, 2018

 


 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

Senator  TROY SINGLETON

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Prohibits awarding of public contracts to Internet service providers, unless Internet service providers adhere to principle of “net neutrality.”

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning eligibility for public contacts and supplementing Title 18A of the New Jersey Statutes, P.L.1971, c.198, and Title 52 of the Revised Statutes.

 

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

 

     1.    a.  Notwithstanding any law, rule, regulation, or order to the contrary, a board of education shall reject all bids submitted by an Internet service provider that:

     (1)   engages in paid prioritization;

     (2)   prevents access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management; or

     (3)   impairs or degrades access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management.

     b.    As used in this section:

     “Internet service provider” shall have the same meaning as provided in section 3 of P.L.2007, c.272 (C.56:8-170).

     “Paid prioritization” means 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.

 

     2.    a.  Notwithstanding any law, rule, regulation, or order to the contrary, a contracting unit shall reject all bids submitted by an Internet service provider that:

     (1)   engages in paid prioritization;

     (2)   prevents access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management; or

     (3)   impairs or degrades access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management.

     b.    As used in this section:

     “Internet service provider” shall have the same meaning as provided in section 3 of P.L.2007, c.272 (C.56:8-170).

     “Paid prioritization” means 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.

 

     3.    a.  Notwithstanding any law, rule, regulation, or order to the contrary, a State agency shall reject all bids submitted by an Internet service provider that:

     (1)   engages in paid prioritization;

     (2)   prevents access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management; or

     (3)   impairs or degrades access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management.

     b.    As used in this section:

     “Internet service provider” shall have the same meaning as provided in section 3 of P.L.2007, c.272 (C.56:8-170).

     “Paid prioritization” means 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.

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that no public contract may be awarded to an Internet service provider that (1) engages in paid prioritization; (2) prevents customers located in this State from accessing all lawful Internet content, applications, and services or using non-harmful Internet-enabled devices; or (3) impairs or degrades Internet access speeds, subject to reasonable network management.  As used in this bill, “paid prioritization” means 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.