23 LC 36 5360
H. B. 816
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House Bill 816
By: Representatives Davis of the 87
th
, Scott of the 76
th
, and Schofield of the 63
rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling
1
and other trade practices, so as to provide for regulation of certain practices by providers of2
broadband services; to provide for definitions; to provide for related matters; to repeal3
conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other7
trade practices, is amended by adding a new article to read as follows:8
"ARTICLE 37
9
10-1-950.10
(a) As used in this Code section, the term:11
(1) 'Broadband internet access service' means a mass-market retail service by wire or12
radio that provides the capability to transmit data to and receive data from all or13
substantially all internet endpoints, including any capabilities that are incidental to and14 23 LC 36 5360
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enable the operation of the communications service, but excluding dial-up internet access15
service.16
(2) 'End user' means any individual or entity that uses a broadband internet access17
service.18
(3) 'Paid prioritization' means the management of a broadband provider's network to19
directly or indirectly favor some traffic over other traffic, including through the use of20
techniques such as traffic shaping, prioritization, resource reservation, or other forms of21
preferential traffic management, either:22
(A) In exchange for consideration, monetary or otherwise, from a third party; or23
(B) To benefit an affiliated entity.24
Such term shall not include the provision of tiered internet access service or offerings to25
a retail end user.26
(4) 'Reasonable network management' means a practice that has a primarily technical27
network management justification, but shall not include other business practices. A28
network management practice is reasonable if it is primarily used for and tailored to29
achieving a legitimate network management purpose, taking into account the particular30
network architecture and technology of the broadband internet access service.31
(5) 'Tiered internet access service' means offering end users a choice between different32
packages of service with clearly advertised speeds, prices, terms, and conditions; for33
example, a 10 megabit service for one price and a 50 megabit service for a different price.34
(b) Any person providing broadband internet access service in this state shall publicly35
disclose accurate information regarding the network management practices, performance36
characteristics, and commercial terms of its broadband internet access service sufficient to37
enable consumers to make informed choices regarding the purchase and use of such service38
and entrepreneurs and other small businesses to develop, market, and maintain internet39
offerings. The disclosure shall be made via a publicly available, easily accessible internet40
website.41 23 LC 36 5360
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(c) A person engaged in the provision of broadband internet access service in this state,42
insofar as the person is so engaged, shall not:43
(1) Block lawful content, applications, services, or nonharmful devices, subject to44
reasonable network management;45
(2) Impair or degrade lawful internet traffic on the basis of internet content, application,46
or service, or use of a nonharmful device, subject to reasonable network management; or47
(3) Engage in paid prioritization.48
(d) Nothing in this Code section:49
(1) Supersedes any obligation or authorization a provider of broadband internet access50
service may have to address the needs of emergency communications or law51
enforcement, public safety, or national security authorities, consistent with or as52
permitted by applicable law, or limits the provider's ability to do so; or53
(2) Prohibits reasonable efforts by a provider of broadband internet access service to54
address copyright infringement or other unlawful activity."55
SECTION 2.56
All laws and parts of laws in conflict with this Act are repealed.57