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Colorado Rights Blog

SB19-078:Open Internet Customer Protections In Colorado

Privacy & Technology
Bill Number: SB19-078
Year: 2019
ACLU Position: Support
Sponsors: C. Hansen/ L. Herod/ K. Donovan

Description:

Section 1 of the bill disqualifies an internet service provider (ISP)
from receiving money from the high cost support mechanism if the ISP
engages in any of the following practices:
• Blocking lawful internet content, applications, services, or
devices unless such blocking is conducted in a manner
consistent with reasonable network management practices;
• Engaging in paid prioritization of internet content;
• Regulating network traffic by throttling bandwidth or
otherwise impairing or degrading lawful internet traffic on
the basis of internet content, application, service, or use of
a device unless the impairment or degradation is conducted
in a manner consistent with reasonable network
management practices; or
• Not providing reasonable transparency regarding its
network management practices.
Section 1 also requires that, if an ISP is found to have engaged in
any of the practices listed above, the ISP must refund any money that it
received in the prior 24 months from the high cost support mechanism or
from any other state support mechanism or other state funding source
established to help finance broadband deployment.
Section 2 requires the broadband deployment board (board) to
periodically review the federal trade commission’s and federal
communications commission’s websites to identify any actions the federal
agencies may have taken against an ISP that seeks or has received
broadband deployment grant money from the board. If the board
determines from a review of the federal agency action that the ISP
engaged in one of the practices listed above, the board shall deny the
application or inform the public utilities commission of the action.
Section 3 requires the attorney general or the attorney general’s
designee, in collaboration with the board, to develop guidance for
consumers on how to file a complaint with the federal trade commission
to allege that an ISP has engaged in any of the practices that violate
federal law regarding interference with the open internet. The department
of law shall post the guidance on its website.
Section 4 requires a governmental body, when contracting for
broadband internet access service, to give preference to an ISP that
certifies to the governmental body that it will not engage in any of the
practices listed in section 1.


Current Status:

House Third Reading Passed - No Amendments (04/04/2019)
House Committee on State, Veterans, & Military Affairs Refer Unamended to House Committee of the Whole (03/28/2019)
Introduced In House - Assigned to State, Veterans, & Military Affairs (03/12/2019)
Senate Third Reading Passed - No Amendments (03/06/19)
Senate Committee on State, Veterans, & Military Affairs Refer Amended to Senate Committee of the Whole (02/27/2019)
Senate Committee on State, Veterans, & Military Affairs Witness Testimony and/or Committee Discussion Only (2/11/19)
Introduced In Senate - Assigned to State, Veterans, & Military Affairs (01/14/2019)



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