Print Friendly HOUSE BILL NO. 465 – Internet access, cable operator
HOUSE BILL NO. 465
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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
02/01 House intro - 1st rdg - to printing
02/02 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN 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
1 of interconnection with the broadband internet access transport provider's
3 (5) "Cable operator" has the meaning set forth in 47 U.S.C. section
5 (6) "Cable service" has the meaning set forth in 47 U.S.C. section
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
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
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.
There is no fiscal impact.
CONTACT: Clancy Standridge
(208) 338-1826 (fax)
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 465