2000 Legislation
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HOUSE BILL NO. 465 – Internet access, cable operator

HOUSE BILL NO. 465

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Daily Data Tracking History



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

Bill Text


 H0465
                                                                        
                                                                        
  ||||              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
                                                                        
                                           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 / Fiscal Impact


                     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