Rhode Island 2025 Regular Session

Rhode Island House Bill H5817 Compare Versions

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

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5	5	2025 -- H 5817
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7	7	LC001577
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PUBLIC UTILITIES AND CARRIERS -- BROADBAND DEPLOY MENT
16	16	AND INVESTMENT ACT
17	17	Introduced By: Representatives McGaw, Edwards, Potter, Voas, Stewart, Morales,
18	18	Batista, Handy, Boylan, and Furtado
19	19	Date Introduced: February 28, 2025
20	20	Referred To: House Corporations
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 39-28-1 and 39-28-2 of the General Laws in Chapter 39-28 entitled 1
25	25	"Broadband Deployment and Investment Act" are hereby amended to read as follows: 2
26	26	39-28-1. Findings. 3
27	27	The Rhode Island general assembly finds that growth and enhancement of services using 4
28	28	internet protocol technology provide Rhode Island consumers more choice in voice, data, and video 5
29	29	services than at any other time. The proliferation of new technologies and applications and the 6
30	30	growing number of providers developing and offering innovative services using internet protocol 7
31	31	are due in large part to little barrier to investment, including freedom from state laws and 8
32	32	regulations governing traditional telephone service, that these technologies have enjoyed in Rhode 9
33	33	Island, as well as recognition that federal law is more uniform in its oversight of internet protocol-10
34	34	enabled services. The economic benefits, including consumer choice, new jobs, and significant 11
35	35	capital investment, will be jeopardized and competition minimized by the imposition of traditional 12
36	36	state entry, rate, and service-term regulation on voice over internet protocol service and internet 13
37	37	protocol-enabled service. The general assembly finds that the broadband infrastructure which 14
38	38	delivers Internet connectivity has become essential for the social, physical, and economic well-15
39	39	being of all Rhode Islanders. This infrastructure enables critical activities and services across 16
40	40	numerous sectors that society depends upon including, but not limited to: food delivery, finding 17
41	41	housing, providing healthcare, education, environmental monitoring, public safety, energy 18
42	42
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45	45	monitoring, financial services, operating businesses, and government services. The general 1
46	46	assembly must ensure broadband services in Rhode Island are reliable, secure, affordable, 2
47	47	accessible, and robust for all residents and businesses alike. In order to meet this objective, 3
48	48	information must continue to be collected, analyzed, made publicly available, and used to plan and 4
49	49	implement policies that effectively protect and seek to improve broadband service in Rhode Island, 5
50	50	including creation of a broadband regulatory authority. 6
51	51	39-28-2. Definitions. 7
52	52	For the purpose of this chapter, the following terms shall have the following meanings: 8
53	53	(1) “Voice over internet protocol service” or “VoIP service” means any service that: 9
54	54	(i) Enables real-time, two-way voice communications that originate from or terminate at 10
55	55	the user’s location in internet protocol or any successor protocol; 11
56	56	(ii) Uses a broadband connection from the user’s location; and 12
57	57	(iii) Permits users generally to receive calls that originate on the public switched telephone 13
58	58	network and to terminate calls to the public switched telephone network. 14
59	59	"Broadband" means high-speed Internet access that provides a continuous, reliable 15
60	60	connection currently defined by the Federal Communications Commission (FCC). Broadband can 16
61	61	be delivered through technologies such as optical fiber, coaxial cable, fixed wireless, satellite, or 17
62	62	cellular networks. 18
63	63	(2) “Internet protocol-enabled service” or “IP-enabled service” means any service, 19
64	64	capability, functionality, or application provided, except that as provided in subsection (1), using 20
65	65	internet protocol, or any successor protocol, that enables an end-user to send or receive a 21
66	66	communication in internet protocol format or any successor format. 22
67	67	"Internet" means a global network of interconnected computer systems and servers that 23
68	68	communicate using Internet protocol (IP) or its successors, enabling the transmission of data, voice, 24
69	69	video, and multimedia content. It supports a wide variety of services, including web browsing, 25
70	70	email, file sharing, voice over Internet protocol (VoIP), streaming, messaging, and other digital 26
71	71	communications and content access. 27
72	72	SECTION 2. Sections 39-28-3, 39-28-4, 39-28-5 and 39-28-6 of the General Laws in 28
73	73	Chapter 39-28 entitled "Broadband Deployment and Investment Act" are hereby repealed. 29
74	74	39-28-3. Regulation. 30
75	75	Notwithstanding any general or public law to the contrary, and with the exception of the 31
76	76	provisions of § 39-28-4, no department, agency, commission, or political subdivision of Rhode 32
77	77	Island shall enact, adopt, or enforce, either directly or indirectly, any law, rule, regulation, 33
78	78	ordinance, standard, order, or other provision having the force or effect of law that regulates, or has 34
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82	82	the effect of regulating, the entry, rates, terms, or conditions of VoIP service or IP-enabled service. 1
83	83	39-28-4. Unaffected fees. 2
84	84	Nothing in this act shall be construed to affect, mandate, or prohibit the assessment of 3
85	85	nondiscriminatory enhanced 911 fees, telecommunications relay service fees, or the 4
86	86	telecommunications education access fund surcharge under § 39-1-61. 5
87	87	39-28-5. Rights or obligations of carriers. 6
88	88	Nothing in this act shall be construed to modify or affect the rights or obligations of any 7
89	89	carrier pursuant to 47 U.S.C. § 251 or 47 U.S.C. § 252. 8
90	90	39-28-6. Effect on tax obligations or authority. 9
91	91	Nothing in this act shall be construed to modify or affect any tax obligations imposed by § 10
92	92	44-13-4 or the authority of the department of revenue to enforce any such obligations. 11
93	93	SECTION 3. Chapter 42-64 of the General Laws entitled "Rhode Island Commerce 12
94	94	Corporation" is hereby amended by adding thereto the following section: 13
95	95	42-64-43. Corporation requirements. 14
96	96	The commerce corporation (“corporation”) shall implement the following requirements. 15
97	97	(1) Data collection and mapping. 16
98	98	(i) Each Internet service provider (ISP) providing service in Rhode Island shall submit 17
99	99	information to the commerce corporation, in a form and manner prescribed by the corporation, to 18
100	100	support the maintenance of a statewide broadband map, which shall include for each broadband 19
101	101	serviceable location (BSL), by geographic area served by a provider in Rhode Island: 20
102	102	(A) Maximum advertised download and upload speeds; 21
103	103	(B) Type of transmission technology used to provide the service such as fiber, cable, DSL, 22
104	104	satellite; and 23
105	105	(C) The number of broadband connections and consumer subscriptions for each 24
106	106	combination of advertised download and upload speeds and transmission technology. 25
107	107	(ii) In consultation with other state agencies as deemed appropriate, the corporation shall 26
108	108	develop and maintain an up-to-date broadband map that shows the availability and adoption of 27
109	109	broadband services across the state. This map shall include data on download and upload speeds 28
110	110	available to each BSL and shall be regularly updated to reflect changes in broadband service 29
111	111	availability, technology, and consumer adoption. The corporation shall use credible and relevant 30
112	112	data provided by broadband providers, state agencies, political subdivisions of the state, speed tests, 31
113	113	and other third parties, including consumers, in the development and maintenance of the map. 32
114	114	(iii) The corporation shall use the broadband map to identify underserved and unserved 33
115	115	areas of the state and to facilitate planning and implementation of broadband programs and 34
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119	119	initiatives. 1
120	120	(iv) The corporation shall use the data collected to provide guidance to broadband providers 2
121	121	seeking to expand services in underserved and unserved areas and shall collaborate with state and 3
122	122	local authorities to remove barriers to broadband infrastructure development. 4
123	123	(v) All state agencies and political subdivisions of the state shall provide any information 5
124	124	requested by the corporation to assist in the development and maintenance of the broadband map 6
125	125	and other work authorized by this section. 7
126	126	(2) With regard to confidentiality and protection of trade secrets, any information submitted 8
127	127	by private parties may be submitted in aggregated form necessary to protect confidentiality, and 9
128	128	shall be protected as required by the provisions of chapter 48.1 of title 6 (The Rhode Island data 10
129	129	transparency and privacy protection act). Information claimed to be a “trade secret” by private 11
130	130	parties shall meet requirements set forth in chapter 41 of title 6 (the uniform trade secrets act). 12
131	131	(3) With regard to transparency, on or before December 1, 2025, and annually thereafter, 13
132	132	the corporation shall update and publish the broadband map on its official website. The map shall 14
133	133	be accessible to the public and include detailed information on broadband availability, speeds, 15
134	134	transmission technology, and adoption rates across Rhode Island. 16
135	135	(i) Internet service providers (“ISPs”) shall report to the Rhode Island commerce 17
136	136	corporation within forty-eight (48) hours of the occurrence and keep a five (5) year record of service 18
137	137	outages affecting one hundred (100) or more customers or lasting four (4) or more hours. These 19
138	138	reports and records shall include: cause (if known), affected areas, number of customers, restoration 20
139	139	time, mitigation, and consumer compensation. 21
140	140	(ii) The corporation shall publish a summary of outage data annually on its website. 22
141	141	(4) With regard to a regulatory plan, within one year from the effective date of this section, 23
142	142	the corporation shall develop and submit a detailed plan to the governor and the general assembly 24
143	143	regarding the creation of a broadband regulatory authority. The plan shall include, but not be limited 25
144	144	to, the following components: 26
145	145	(i) The mission, authority, and responsibilities of the regulatory agency, which shall include 27
146	146	oversight of broadband planning, deployment, service quality, consumer protections, and equitable 28
147	147	access; 29
148	148	(ii) Recommendations for the organizational structure and staffing of the agency; 30
149	149	(iii) A framework for collaboration between the corporation and other state, local, and 31
150	150	federal entities involved in broadband expansion and regulation; 32
151	151	(iv) Proposed funding mechanisms to support the agency’s operations and activities; and 33
152	152	(v) A timeline for the establishment of the agency, including any legislative actions 34
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156	156	necessary for its formation. 1
157	157	(5) With regard to funding, to fund the data collection and other activities required under 2
158	158	this section, the corporation shall collect fees from ISPs operating in Rhode Island. The amount of 3
159	159	the fee shall be determined by the corporation based on the total cost of administering this program. 4
160	160	Each ISP shall pay a fee proportional to the revenue it generates from providing broadband services 5
161	161	to customers in Rhode Island. Fees shall be due within sixty (60) days of notification by the 6
162	162	corporation. 7
163	163	(6) With regard to enforcement, failure to submit accurate or timely data or fees as required 8
164	164	by this section shall be subject to penalties, including fines, determined by the corporation, 9
165	165	suspension of participation in state grant programs, and restrictions on future projects supported by 10
166	166	state funding. 11
167	167	(7) The corporation shall promulgate rules and regulations as it deems necessary for the 12
168	168	implementation of this section. 13
169	169	(8) If any subsection or provision of this section shall be determined to be invalid or 14
170	170	unconstitutional, the remaining provisions and subsections shall be deemed severable and shall 15
171	171	remain in full force and effect. 16
172	172	SECTION 4. This act shall take effect upon passage. 17
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179	179	EXPLANATION
180	180	BY THE LEGISLATIVE COUNCIL
181	181	OF
182	182	A N A C T
183	183	RELATING TO PUBLIC UTILITIES AND CARRIERS -- BROADBAND DEPLO YMENT
184	184	AND INVESTMENT ACT
185	185	***
186	186	This act would require the constant updating of information to accommodate changes in 1
187	187	broadband technology. The act would also direct the Rhode Island commerce corporation to 2
188	188	implement new data collection and mapping of broadband availability, provide protections for 3
189	189	certain submitted data, and direct the corporation to collect fees from Internet service providers 4
190	190	operating in Rhode Island to fund the data collection required by the act. The act would further 5
191	191	require the corporation to submit a detailed plan to the governor and general assembly regarding 6
192	192	the creation of a broadband regulatory authority. 7
193	193	This act would take effect upon passage. 8
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