Bill Summary – FastDemocracy

General Assembly                       Committee Bill No. 4
      January Session, 2021                 LCO No. 4329
     Referred to Committee on ENERGY AND TECHNOLOGY
     Introduced by:
       (ET)
 AN ACT CONCERNING DATA PRIVACY, NET NEUTRALITY, CYBER
 SECURITY AND FAIRNESS IN DATA USAGE IN THE NEW AGE OF A
 DIGITAL WORKFORCE.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
      Section 1. (NEW) (Effective July 1, 2021) (a) For the purposes of this
    section:
       (1) "Broadband Internet access service" means a mass-market retail
    service by wire or radio that provides the capability to transmit data to
    and receive data from all or substantially all Internet endpoints,
    including any capability that is incidental to and enables the operation
    of the service, but excluding dial-up Internet access service;
       (2) "Content, applications and services" means all traffic transmitted
    to or from end users of a broadband Internet access service;
      (3) "Edge provider" means any person or entity that provides (A) any
   content, application or service over the Internet, or (B) a device used for
   accessing any content, application or service over the Internet;
     (4) "End user" means any person or entity that uses a broadband
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 Internet access service;
    (5) "Fixed broadband Internet access service" means a broadband
 Internet access service that services end users primarily at fixed
 endpoints using stationary equipment, including fixed wireless
 services, fixed unlicensed wireless services and fixed satellite services;
    (6) "Mobile broadband Internet access service" means a broadband
 Internet access service that serves end users primarily using mobile
 stations;
   (7) "Net neutrality principles" means the provisions described in
 subsections (d) to (g), inclusive, of this section;
    (8) "Paid prioritization" means the management of a broadband
 Internet access service provider's network to directly or indirectly favor
 some traffic over other traffic, including through use of techniques such
 as traffic shaping, prioritization, resource reservation or other forms of
 preferential traffic management either (A) in exchange for monetary or
 other consideration from a third party, or (B) to benefit an affiliated
 entity; and
    (9) "Reasonable network management" means a network
 management practice that has a primarily technical network
 management justification, but does not include other business practices,
 provided a network management practice is reasonable if it is primarily
 used for and tailored to achieving a legitimate network management
 purpose, as determined by the authority, taking into account the
 particular network architecture and technology of the broadband
 Internet access service.
    (b) A person or entity engaged in the provision of fixed or mobile
 broadband Internet access services within the state shall register with
 the Public Utilities Regulatory Authority, in a manner prescribed by the
 authority. On January 1, 2022, and each subsequent January first
 thereafter, each registered person or entity shall pay an annual
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 registration fee to the authority in the amount of five thousand dollars.
    (c) A person or entity engaged in the provision of fixed or mobile
 broadband Internet access services within the state shall publicly
 disclose accurate information regarding the network management
 practices, performance and commercial terms of its broadband Internet
 access services sufficient, as determined by the authority, for end users
 of such services to fully and accurately ascertain if the service is in
 compliance with this section.
    (d) A person or entity engaged in the provision of fixed or mobile
 broadband Internet access services within the state shall not block
 lawful content, applications, services, as determined by the authority, or
 nonharmful devices, as determined by the authority, subject to
 reasonable network management.
    (e) A person or entity engaged in the provision of fixed or mobile
 broadband Internet access services within the state shall not impair or
 degrade lawful Internet traffic on the basis of Internet content,
 application or service, or use of a nonharmful device, subject to
 reasonable network management.
   (f) A person or entity engaged in the provision of fixed or mobile
 broadband Internet access services within the state shall not engage in
 paid prioritization.
   (g) Any person or entity engaged in the provision of fixed or mobile
 broadband Internet access services within the state shall not interfere
 with or disadvantage an (1) end user's ability to select, access and use
 broadband Internet access service or lawful Internet content,
 applications or services, or devices of such end user's choice, or (2) edge
 provider's ability to make lawful content, applications, services or
 devices available to end users, provided such person or entity may
 engage in reasonable network management.
   (h) The authority shall receive and record complaints of any end user
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 of broadband Internet access service within the state. Upon receipt of
 such complaints, the authority may, in its discretion, review the
 performance of a person or entity engaged in the provision of fixed or
 mobile broadband Internet access service. The authority, upon a finding
 that any such person or entity failed to comply with the net neutrality
 principles described in this section, shall make orders, after a hearing
 that is conducted as a contested case in accordance with chapter 54 of
 the general statutes, to enforce the provisions of this section and may
 levy civil penalties against such person or entity, pursuant to section 16-
 41 of the general statutes, for noncompliance.
    (i) Nothing in this section shall be considered to supersede or limit
 any obligation or authorization a person or entity engaged in the
 provision of fixed or mobile broadband Internet access services may
 have to address the needs of emergency communications, law
 enforcement, public safety or national security authorities, consistent
 with or as permitted by applicable law. Nothing in this section shall be
 construed to prohibit reasonable efforts by a person or entity engaged
 in the provision of fixed or mobile broadband Internet access services to
 address copyright infringement or other unlawful activity.
    Sec. 2. (NEW) (Effective July 1, 2020) (a) For the purposes of this
 section:
    (1) "Broadband Internet access service" means a mass-market retail
 service by wire or radio that provides the capability to transmit data to
 and receive data from all or substantially all Internet endpoints,
 including any capabilities that are incidental to and enable the operation
 of the communications service, but excluding dial-up Internet access
 service;
   (2) "Broadband Internet access service provider" means any person or
 entity that provides broadband Internet access service through facilities
 occupying public highways or streets authorized by the Public Utilities
 Regulatory Authority, including through a certificate of public
 convenience and necessity, a certificate of video franchise authority, a
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 certificate of cable franchise        authority,     or    as   a   certified
 telecommunications provider;
    (3) "Browsing history" means information that shows a consumer
 accessed a specific web site;
    (4) "Consumer" means an Internet service account holder, such
 account holder's immediate family and any other person such account
 holder permits to access the Internet through use of such account
 holder's account;
     (5) "Express and affirmative permission" means permission that (A)
 is explicitly solicited in writing or by electronic means separate from any
 other terms of service or items of consent, (B) is clear and succinct, (C)
 clearly identifies any person to whom a broadband Internet access
 service provider will transfer personally identifying information, (D)
 outlines the scope of the personally identifying information to be
 transferred, (E) includes a warning that after the grant of such
 permission, state law cannot guarantee that the person who receives
 such personally identifying information will not transfer that
 information to a third party or otherwise publicize such personally
 identifying information, (F) is sought by a broadband Internet access
 service provider for each person to whom it seeks to transfer such
 personally identifying information, and (G) expires not later than one
 year after such permission is granted; and
    (6) "Personally identifying information" means the following
 information relating to a consumer using a broadband Internet access
 service provider to connect to the Internet: (A) Such consumer's name,
 address, Social Security number, geographic location or browsing
 history, (B) the Internet protocol address associated with an electronic
 device that belongs to such consumer, (C) the content of such
 consumer's communications with anyone other than the broadband
 Internet access service provider, and (D) any information about such
 consumer's spouse, children, health or finances.
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    (b) No broadband Internet access service provider shall sell or
 transfer a consumer's personally identifying information to a person
 without such consumer's express and affirmative permission.
    (c) No broadband Internet access service provider shall send or
 display to a consumer an advertisement that has been selected to be sent
 or displayed because of such consumer's browsing history without such
 consumer's express and affirmative permission.
    (d) No broadband Internet access service provider shall refuse to
 provide its services to a consumer because of such consumer's refusal to
 provide express and affirmative permission to the broadband Internet
 access service provider pursuant to subsections (b) and (c) of this
 section.
    (e) The Public Utilities Regulatory Authority shall receive and record
 complaints of any broadband Internet access service provider. Upon
 receipt of such complaints, the authority may, in its discretion, review
 the performance of the broadband Internet access service provider
 engaged in, without a consumer's express and affirmative permission,
 the (1) sale or transfer of such consumer's personally identifying
 information, (2) transmission or display of an advertisement that was
 selected for transmission or display because of such consumer's
 browsing history, or (3) refusal to provide its services because of such
 consumer's refusal to provide express and affirmative permission. The
 authority, upon a finding that any such broadband Internet access
 service provider failed to comply with the provisions described in this
 section, shall make orders, after a hearing that is conducted as a
 contested case in accordance with chapter 54 of the general statutes, to
 enforce the provisions of this section and may levy civil penalties
 against such broadband Internet access service provider, pursuant to
 section 16-41 of the general statutes, for noncompliance.
    (f) This section shall not apply to a broadband Internet access service
 provider that transmits a consumer's personally identifying information
 (1) in response to a subpoena, summons, warrant or court order that
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 appears on its face to be issued in accordance with lawful authority, or
 (2) to the consumer to whom such personally identifying information
 pertains.
   Sec. 3. (NEW) (Effective July 1, 2021) (a) As used in this section:
    (1) "Broadband Internet access service" means a mass-market retail
 service by wire or radio that provides the capability to transmit data to
 and receive data from all or substantially all Internet endpoints,
 including any capabilities that are incidental to and enable the operation
 of the communications service, but excluding dial-up Internet access
 service;
    (2) "Broadband Internet access service provider" means any person or
 entity that provides broadband Internet access service through facilities
 occupying public highways or streets authorized by the Public Utilities
 Regulatory Authority, including through a certificate of public
 convenience and necessity, a certificate of video franchise authority, a
 certificate of cable franchise authority, or as a certified
 telecommunications provider;
    (3) "Make-ready" means the modification or replacement of a public
 utility pole, or of the lines or equipment on the public utility pole, to
 accommodate additional facilities on the pole; and
    (4) "One-touch make-ready" means make-ready in which the person
 attaching new equipment to a public utility pole performs all of the
 make-ready work.
    (b) On or before January 31, 2022, the Public Utilities Regulatory
 Authority shall develop a process in an uncontested proceeding for the
 construction of facilities in the public highways, streets or other public
 rights-of-way to ensure timely and nondiscriminatory procedures that
 accomplish public utility pole attachments and conduit excavations for
 telecommunications service providers and broadband Internet access
 service providers.
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    (c) On or before January 31, 2022, the authority shall develop a one-
 touch make-ready process in an uncontested proceeding for
 attachments of telecommunications service and broadband Internet
 access service facilities on public utility poles to be implemented by the
 owners of such public utility poles.
    (d) On or before January 31, 2022, the authority shall submit a report
 to the joint standing committee of the General Assembly having
 cognizance of matters relating to energy, the Office of State Broadband,
 the Department of Energy and Environmental Protection, the
 Department of Economic and Community Development and the
 Department of Transportation. Such report shall include the authority's
 fully developed one-touch make-ready process.
    (e) Upon application by the Internet access service providers for the
 construction of underground facilities that will contain conduit for
 telecommunications service providers or broadband Internet access
 service providers, the authority shall condition any approval of such
 application on the following conditions:
   (1) The size of such conduit must be consistent with industry best
 practices and sufficient to accommodate potential demand;
   (2) Any handholes and manholes for fiber optic cable access and
 pulling with respect to each such practice are placed at intervals
 consistent with industry best practices;
   (3) Such conduit shall be installed with a pull tape and capabilities of
 supporting additional fiber optic cable;
   (4) The applicant shall notify telecommunications service providers
 and broadband Internet access service providers of the proposed
 excavation to reduce the potential for future street excavations in the
 same location;
   (5) Any requesting telecommunications service provider or
 broadband Internet access service provider shall be able to access such
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 conduit on a competitively neutral and nondiscriminatory basis and for
 a charge not to exceed a cost-based rate; and
   (6) The applicant shall report to the authority upon completion of any
 approved construction verifying that it has complied with the
 provisions of this subsection.
    (f) For excavations in the state highway rights-of-way, the applicant
 shall comply with the Department of Transportation's encroachment
 permit process, including the payment of any applicable fees. Any
 application for construction in the public highways, streets or other
 public rights-of-way shall require the applicant to install a conduit for
 the benefit of the Department of Transportation, as required by section
 16-233 of the general statutes.
    (g) The Commissioner of Transportation is authorized to lease space,
 or enter into any other c