Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H78 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2987 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 78
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Allen Robertson and Andres X. Vargas
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to assuring a jumpstart in investments in telecoms to preserve access to the
13	13	internet.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:David Allen Robertson19th Middlesex1/19/2023Andres X. Vargas3rd Essex1/19/2023 1 of 4
17	17	HOUSE DOCKET, NO. 2987 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 78
19	19	By Representatives Robertson of Tewksbury and Vargas of Haverhill, a petition (accompanied
20	20	by bill, House, No. 78) of David Allen Robertson and Andres X. Vargas relative to the awarding
21	21	of money to municipal agencies for the purpose of expanding, founding, advertising or
22	22	maintaining of publicly-administered broadband internet service providers. Advanced
23	23	Information Technology, the Internet and Cybersecurity.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to assuring a jumpstart in investments in telecoms to preserve access to the
30	30	internet.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 10 of the General Laws, as appearing in the 2018 Official Edition,
34	34	2is hereby amended by inserting after section 35PPP, as added by chapter 227 of the acts of 2020,
35	35	3the following section:-
36	36	4 Section 35QQQ. (a) There shall be established upon the books of the commonwealth a
37	37	5separate fund to be known as the Municipal Broadband Development Fund, which shall be
38	38	6subject to further appropriation. The fund shall be expended for the purposes set forth in section
39	39	710 of chapter 25C.
40	40	8 (b) The state treasurer may receive and expend monies received from: (1) state
41	41	9appropriations; (2) gifts, grants and donations from public or private sources; (3) appropriate
42	42	10federal reimbursements, grants-in-aid or other monies credited or transferred from any other fund 2 of 4
43	43	11or source pursuant to law; and (4) any interest earned from the Municipal Broadband
44	44	12Development Fund. Such funds shall be impressed with a trust and held for the purposes of said
45	45	13section 10 in the Municipal Broadband Development Fund. The treasurer may receive, deposit
46	46	14and invest funds held for the purposes of said section 10 in a manner that will ensure the highest
47	47	15interest rate available consistent with the safety of the Municipal Broadband Development Fund.
48	48	16 SECTION 2. Chapter 25C of the General Laws, as so appearing, is hereby amended by
49	49	17adding the following 2 sections:-
50	50	18 Section 9. (a) The following words as used in this section and in section 10 shall, unless
51	51	19the context otherwise requires, have the following meanings:
52	52	20 “Broadband internet service provider” or “BISP”, a mass-market retail service by wire or
53	53	21fiberoptic cable that provides the capability to transmit data to and receive data from all or
54	54	22substantially all internet endpoints, including any capabilities that are incidental to and enable the
55	55	23operation of the communications service, but excluding dial-up internet access service or
56	56	24cellular, satellite or radio provided internet service; or set forth by the Federal Communications
57	57	25Commission or the department as a future equivalent of the provided service.
58	58	26 “Data Cap”, throttling, limiting, severance or purposeful interference of a data connection
59	59	27or transfer rate based on cumulative overall usage, the download or upload of data cumulative
60	60	28totals, or like measures over a defined time frame by an end-user subscriber of a BISP.
61	61	29 “End-User”, any subscriber of a broadband internet service provider. 3 of 4
62	62	30 “Municipal agency'', any department or office of a city or town government and any
63	63	31council, division, board, bureau, commission, institution, tribunal or other instrumentality thereof
64	64	32or thereunder.
65	65	33 “Net Neutral”, a BISP who does not partake in paid prioritization or data caps while
66	66	34maintaining open access for all end-users.
67	67	35 “Open Access”, freedom of an end-user to access any legally hosted and legal-to-view
68	68	36web-content, unless prohibited by law without additional cost or effort or reduction in internet
69	69	37access speed from a BISP.
70	70	38 “Paid prioritization”, the management of a broadband provider's network to directly or
71	71	39indirectly expedite or slow access by end-users of a BISP to any legally hosted and legal-to-view
72	72	40web-content, unless prohibited by law.
73	73	41 “Surcharge”, an additional fee, increased rate, or like instrument of financial burden on
74	74	42an end-user of a broadband internet service provider not charged on a recurring basis as part of
75	75	43providing service.
76	76	44 (b) The department shall create a net neutrality seal and certification review process as
77	77	45provided for in this subsection.
78	78	46 A BISP shall be deemed in compliance of a net neutral policy when a BISP does not
79	79	47participate in the practice of paid prioritization, ensures open access and is free of data caps or
80	80	48similar pricing surcharges based on internet usage by all end-users.
81	81	49 (c) A state agency, municipality, body politic or constitutional branch of the
82	82	50commonwealth shall not renew any contracts for telephone, broadband or other internet services 4 of 4
83	83	51between the commonwealth and a BISP not compliant with net neutrality certification as
84	84	52provided for in subsection (b).
85	85	53 (d) The state treasurer, in conjunction with the department, shall levy and collect a surtax
86	86	54of not less than 50 per cent on any surcharge by a BISP to be deposited in the Municipal
87	87	55Broadband Development Fund established by section 35QQQ of chapter 10.
88	88	56 Section 10. (a) The department shall, in cooperation with the state treasurer or their
89	89	57appointee, develop a competitive bidding procedure for the awarding of money to a municipal
90	90	58agency for the purpose of expanding, founding, advertising or maintenance of a publicly-
91	91	59administered BISP provided the BISP adheres to net neutrality standards.
92	92	60 (b) Any recipient of monies from the Municipal Broadband Development Fund,
93	93	61established by section 35QQQ of chapter 10, found to be in violation of the provisions of net
94	94	62neutrality as provided for in section 9 shall repay any sum awarded plus 5 per cent of the
95	95	63awarded total to the Municipal Broadband Trust Fund.