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H0465......................................................by STATE AFFAIRS INTERNET ACCESS - CABLE OPERATOR - Adds to existing law to require cable television service operators holding a franchise to provide any requesting internet service provider access to its broadband internet access transport services. 02/01 House intro - 1st rdg - to printing 02/02 Rpt prt - to St Aff
H0465|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 465 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO INTERNET ACCESS; AMENDING TITLE 48, IDAHO CODE, BY THE ADDITION OF 3 A NEW CHAPTER 16, TITLE 48, IDAHO CODE, TO PROVIDE FOR NONDISCRIMINATORY 4 ACCESS TO INTERNET SERVICE PROVIDERS, TO DEFINE TERMS, TO PROVIDE MOST 5 FAVORED NATIONS STATUS, TO PROVIDE A PRIVATE RIGHT OF ACTION AND TO PRO- 6 VIDE FOR OTHER ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Title 48, Idaho Code, be, and the same is hereby amended 9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 10 ter 16, Title 48, Idaho Code, and to read as follows: 11 CHAPTER 16 12 NONDISCRIMINATORY INTERNET ACCESS 13 48-1601. NONDISCRIMINATORY ACCESS. Each cable operator holding a fran- 14 chise to provide cable service shall provide any requesting internet service 15 provider access to its broadband internet access transport services, unbundled 16 from the provision of content, on rates, terms and conditions that are at 17 least as favorable as those on which it provides such access to itself, to its 18 affiliates or to any other person. Such access shall be provided at any tech- 19 nically feasible point selected by the requesting internet service provider. 20 Except as otherwise specifically required by law, such cable operator shall 21 not restrict the content of information that a consumer may receive over the 22 internet. These requirements shall apply to each cable operator and to any 23 other entity to which the cable operator's franchise may by transferred, 24 assigned, granted or which entity may otherwise subsequently exercise rights 25 under such cable operator's franchise. 26 48-1602. DEFINITIONS. As used in this chapter: 27 (1) "Access" means the ability to make a physical connection to cable 28 operator's facilities, at any place where a cable operator exchanges consumer 29 data with any internet service provider, or at any other technically feasible 30 point selected by the requesting internet service provider, so as to enable 31 consumers to exchange data over such facilities with their chosen internet 32 service provider. 33 (2) "Affiliate" means a person who, directly or indirectly, owns or con- 34 trols, is owned or controlled by, or is under common ownership or control 35 with, another person. For purposes of this definition, the term "own" means to 36 own an equity or other financial interest, or the equivalent thereof, of more 37 than ten percent (10%) or any management interest. 38 (3) "Broadband" means of a capability in excess of two hundred (200) 39 kilobits per second. 40 (4) "Broadband internet access transport services" means the broadband 41 transmission of data between a user and his internet service provider's point 2 1 of interconnection with the broadband internet access transport provider's 2 facilities. 3 (5) "Cable operator" has the meaning set forth in 47 U.S.C. section 4 522(5). 5 (6) "Cable service" has the meaning set forth in 47 U.S.C. section 6 522(6). 7 (7) "Franchise" has the meaning set forth in 47 U.S.C. section 522(9). 8 (8) "Franchising authority" has the meaning set forth in 47 U.S.C. sec- 9 tion 522(10). 10 (9) "Internet" means collectively the myriad of computer and telecommuni- 11 cations facilities, including equipment and operating software, which comprise 12 the interconnected world-wide network of networks that employ the transmission 13 control protocol/internet protocol, or any predecessor or successor protocols 14 to such protocol, to communicate information of all kinds by wire or radio. 15 (10) "Internet service provider" means a person who provides a service 16 that enables users to access content, information, electronic mail, or other 17 services offered over the internet. 18 48-1603. MOST FAVORED NATIONS. In the event that a cable operator provid- 19 ing broadband internet access transport services is or shall become subject to 20 more extensive or different access requirements with respect to the provision 21 of broadband internet access transport services imposed by or agreed upon with 22 any other jurisdiction in the United States, any requesting internet service 23 provider may, at its option, require such cable operator to comply with such 24 other requirements in lieu of section 48-1601, Idaho Code. In such event, 25 nothing shall alter the applicability of sections 48-1604 and 48-1605, Idaho 26 Code. 27 48-1604. PRIVATE RIGHT OF ACTION. Any internet service provider who has 28 been denied access to a cable operator's broadband internet access transport 29 services in violation of section 48-1601 or 48-1603, Idaho Code, has a private 30 cause of action to enforce its rights in accordance with those provisions and 31 to seek all other appropriate relief including, without limitation, injunctive 32 relief and monetary damages. In such an action, the prevailing party shall be 33 entitled to recover its reasonable costs, expenses and attorney's fees from 34 the losing party. The "prevailing party" means the party determined by the 35 court to have most nearly prevailed as a matter of law, not necessarily the 36 party in whose favor judgment may be entered. 37 48-1605. OTHER ENFORCEMENT. In addition to any other penalties, remedies 38 or other enforcement measures provided for by federal, state or local law, 39 regulation or ordinance, the attorney general and/or a franchising authority 40 may bring an action to enforce the requirements of sections 48-1601 and 41 48-1603, Idaho Code, and to seek all appropriate relief including, without 42 limitation, injunctive relief. In addition, at its option, a franchising 43 authority may require the cable operator and any requesting internet service 44 provider to submit to mediation and/or binding arbitration. 45 SECTION 2. This act shall be in full force and effect on and after July 46 1, 2000.
STATEMENT OF PURPOSE RS09715 This bill is intended to ensure that cable companies provide all Internet Service Providers (ISP) non-discriminatory access to their high-speed cable networks at cost-based rates. This legislation will ensure that Internet access remains affordable and available to all. This legislation would ensure that all ISPs would have equal access to cable networks under non-discriminatory rates, terms and conditions. It would also ensure that cable companies are compensated for their networks at equitable, cost-based rates. FISCAL NOTE There is no fiscal impact. CONTACT: Clancy Standridge (208) 338-0772 (208) 338-1826 (fax) STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 465