2025 -- H 5817
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LC001577
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- BROADBAND DEPLOY MENT
AND INVESTMENT ACT
Introduced By: Representatives McGaw, Edwards, Potter, Voas, Stewart, Morales,
Batista, Handy, Boylan, and Furtado
Date Introduced: February 28, 2025
Referred To: House Corporations
It is enacted by the General Assembly as follows:
SECTION 1. Sections 39-28-1 and 39-28-2 of the General Laws in Chapter 39-28 entitled 1
"Broadband Deployment and Investment Act" are hereby amended to read as follows: 2
39-28-1. Findings. 3
The Rhode Island general assembly finds that growth and enhancement of services using 4
internet protocol technology provide Rhode Island consumers more choice in voice, data, and video 5
services than at any other time. The proliferation of new technologies and applications and the 6
growing number of providers developing and offering innovative services using internet protocol 7
are due in large part to little barrier to investment, including freedom from state laws and 8
regulations governing traditional telephone service, that these technologies have enjoyed in Rhode 9
Island, as well as recognition that federal law is more uniform in its oversight of internet protocol-10
enabled services. The economic benefits, including consumer choice, new jobs, and significant 11
capital investment, will be jeopardized and competition minimized by the imposition of traditional 12
state entry, rate, and service-term regulation on voice over internet protocol service and internet 13
protocol-enabled service. The general assembly finds that the broadband infrastructure which 14
delivers Internet connectivity has become essential for the social, physical, and economic well-15
being of all Rhode Islanders. This infrastructure enables critical activities and services across 16
numerous sectors that society depends upon including, but not limited to: food delivery, finding 17
housing, providing healthcare, education, environmental monitoring, public safety, energy 18
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monitoring, financial services, operating businesses, and government services. The general 1
assembly must ensure broadband services in Rhode Island are reliable, secure, affordable, 2
accessible, and robust for all residents and businesses alike. In order to meet this objective, 3
information must continue to be collected, analyzed, made publicly available, and used to plan and 4
implement policies that effectively protect and seek to improve broadband service in Rhode Island, 5
including creation of a broadband regulatory authority. 6
39-28-2. Definitions. 7
For the purpose of this chapter, the following terms shall have the following meanings: 8
(1) “Voice over internet protocol service” or “VoIP service” means any service that: 9
(i) Enables real-time, two-way voice communications that originate from or terminate at 10
the user’s location in internet protocol or any successor protocol; 11
(ii) Uses a broadband connection from the user’s location; and 12
(iii) Permits users generally to receive calls that originate on the public switched telephone 13
network and to terminate calls to the public switched telephone network. 14
"Broadband" means high-speed Internet access that provides a continuous, reliable 15
connection currently defined by the Federal Communications Commission (FCC). Broadband can 16
be delivered through technologies such as optical fiber, coaxial cable, fixed wireless, satellite, or 17
cellular networks. 18
(2) “Internet protocol-enabled service” or “IP-enabled service” means any service, 19
capability, functionality, or application provided, except that as provided in subsection (1), using 20
internet protocol, or any successor protocol, that enables an end-user to send or receive a 21
communication in internet protocol format or any successor format. 22
"Internet" means a global network of interconnected computer systems and servers that 23
communicate using Internet protocol (IP) or its successors, enabling the transmission of data, voice, 24
video, and multimedia content. It supports a wide variety of services, including web browsing, 25
email, file sharing, voice over Internet protocol (VoIP), streaming, messaging, and other digital 26
communications and content access. 27
SECTION 2. Sections 39-28-3, 39-28-4, 39-28-5 and 39-28-6 of the General Laws in 28
Chapter 39-28 entitled "Broadband Deployment and Investment Act" are hereby repealed. 29
39-28-3. Regulation. 30
Notwithstanding any general or public law to the contrary, and with the exception of the 31
provisions of § 39-28-4, no department, agency, commission, or political subdivision of Rhode 32
Island shall enact, adopt, or enforce, either directly or indirectly, any law, rule, regulation, 33
ordinance, standard, order, or other provision having the force or effect of law that regulates, or has 34
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the effect of regulating, the entry, rates, terms, or conditions of VoIP service or IP-enabled service. 1
39-28-4. Unaffected fees. 2
Nothing in this act shall be construed to affect, mandate, or prohibit the assessment of 3
nondiscriminatory enhanced 911 fees, telecommunications relay service fees, or the 4
telecommunications education access fund surcharge under § 39-1-61. 5
39-28-5. Rights or obligations of carriers. 6
Nothing in this act shall be construed to modify or affect the rights or obligations of any 7
carrier pursuant to 47 U.S.C. § 251 or 47 U.S.C. § 252. 8
39-28-6. Effect on tax obligations or authority. 9
Nothing in this act shall be construed to modify or affect any tax obligations imposed by § 10
44-13-4 or the authority of the department of revenue to enforce any such obligations. 11
SECTION 3. Chapter 42-64 of the General Laws entitled "Rhode Island Commerce 12
Corporation" is hereby amended by adding thereto the following section: 13
42-64-43. Corporation requirements. 14
The commerce corporation (“corporation”) shall implement the following requirements. 15
(1) Data collection and mapping. 16
(i) Each Internet service provider (ISP) providing service in Rhode Island shall submit 17
information to the commerce corporation, in a form and manner prescribed by the corporation, to 18
support the maintenance of a statewide broadband map, which shall include for each broadband 19
serviceable location (BSL), by geographic area served by a provider in Rhode Island: 20
(A) Maximum advertised download and upload speeds; 21
(B) Type of transmission technology used to provide the service such as fiber, cable, DSL, 22
satellite; and 23
(C) The number of broadband connections and consumer subscriptions for each 24
combination of advertised download and upload speeds and transmission technology. 25
(ii) In consultation with other state agencies as deemed appropriate, the corporation shall 26
develop and maintain an up-to-date broadband map that shows the availability and adoption of 27
broadband services across the state. This map shall include data on download and upload speeds 28
available to each BSL and shall be regularly updated to reflect changes in broadband service 29
availability, technology, and consumer adoption. The corporation shall use credible and relevant 30
data provided by broadband providers, state agencies, political subdivisions of the state, speed tests, 31
and other third parties, including consumers, in the development and maintenance of the map. 32
(iii) The corporation shall use the broadband map to identify underserved and unserved 33
areas of the state and to facilitate planning and implementation of broadband programs and 34
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initiatives. 1
(iv) The corporation shall use the data collected to provide guidance to broadband providers 2
seeking to expand services in underserved and unserved areas and shall collaborate with state and 3
local authorities to remove barriers to broadband infrastructure development. 4
(v) All state agencies and political subdivisions of the state shall provide any information 5
requested by the corporation to assist in the development and maintenance of the broadband map 6
and other work authorized by this section. 7
(2) With regard to confidentiality and protection of trade secrets, any information submitted 8
by private parties may be submitted in aggregated form necessary to protect confidentiality, and 9
shall be protected as required by the provisions of chapter 48.1 of title 6 (The Rhode Island data 10
transparency and privacy protection act). Information claimed to be a “trade secret” by private 11
parties shall meet requirements set forth in chapter 41 of title 6 (the uniform trade secrets act). 12
(3) With regard to transparency, on or before December 1, 2025, and annually thereafter, 13
the corporation shall update and publish the broadband map on its official website. The map shall 14
be accessible to the public and include detailed information on broadband availability, speeds, 15
transmission technology, and adoption rates across Rhode Island. 16
(i) Internet service providers (“ISPs”) shall report to the Rhode Island commerce 17
corporation within forty-eight (48) hours of the occurrence and keep a five (5) year record of service 18
outages affecting one hundred (100) or more customers or lasting four (4) or more hours. These 19
reports and records shall include: cause (if known), affected areas, number of customers, restoration 20
time, mitigation, and consumer compensation. 21
(ii) The corporation shall publish a summary of outage data annually on its website. 22
(4) With regard to a regulatory plan, within one year from the effective date of this section, 23
the corporation shall develop and submit a detailed plan to the governor and the general assembly 24
regarding the creation of a broadband regulatory authority. The plan shall include, but not be limited 25
to, the following components: 26
(i) The mission, authority, and responsibilities of the regulatory agency, which shall include 27
oversight of broadband planning, deployment, service quality, consumer protections, and equitable 28
access; 29
(ii) Recommendations for the organizational structure and staffing of the agency; 30
(iii) A framework for collaboration between the corporation and other state, local, and 31
federal entities involved in broadband expansion and regulation; 32
(iv) Proposed funding mechanisms to support the agency’s operations and activities; and 33
(v) A timeline for the establishment of the agency, including any legislative actions 34
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necessary for its formation. 1
(5) With regard to funding, to fund the data collection and other activities required under 2
this section, the corporation shall collect fees from ISPs operating in Rhode Island. The amount of 3
the fee shall be determined by the corporation based on the total cost of administering this program. 4
Each ISP shall pay a fee proportional to the revenue it generates from providing broadband services 5
to customers in Rhode Island. Fees shall be due within sixty (60) days of notification by the 6
corporation. 7
(6) With regard to enforcement, failure to submit accurate or timely data or fees as required 8
by this section shall be subject to penalties, including fines, determined by the corporation, 9
suspension of participation in state grant programs, and restrictions on future projects supported by 10
state funding. 11
(7) The corporation shall promulgate rules and regulations as it deems necessary for the 12
implementation of this section. 13
(8) If any subsection or provision of this section shall be determined to be invalid or 14
unconstitutional, the remaining provisions and subsections shall be deemed severable and shall 15
remain in full force and effect. 16
SECTION 4. This act shall take effect upon passage. 17
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- BROADBAND DEPLO YMENT
AND INVESTMENT ACT
***
This act would require the constant updating of information to accommodate changes in 1
broadband technology. The act would also direct the Rhode Island commerce corporation to 2
implement new data collection and mapping of broadband availability, provide protections for 3
certain submitted data, and direct the corporation to collect fees from Internet service providers 4
operating in Rhode Island to fund the data collection required by the act. The act would further 5
require the corporation to submit a detailed plan to the governor and general assembly regarding 6
the creation of a broadband regulatory authority. 7
This act would take effect upon passage. 8
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