Report Title:
Internet; open access to broadband facilities
Description:
Provides for competition in the market for broadband Internet access.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1617 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to telecommunications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the use of the Internet for education, business and personal use is rapidly increasing and that high-speed access to the Internet will soon be the norm. Further, the legislature finds that a competitive market offering high-speed access will best serve the public. Such a competitive market can only be assured when the monopoly over cable pipeline is prohibited and other Internet service providers are allowed equal access. In its recent decision in AT&T v. City of Portland, the U.S. Court of Appeals for the Ninth Circuit ruled that the transmission of Internet service to subscribers over cable broadband facilities is a telecommunication service under the Communications Act. As such, the same open access/antitrust and fair pricing models that have long been applied to our existing telephone companies should also apply to cable telephony and data services. The law must permit equal access to broadband Internet access and to provide for penalties.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
§ -1. This act shall be known and may be cited as the "Internet access enhancement act of 2001.
§ -2. As used in this act:
"Affiliate" means a person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, another person. The term "own" means to own equity or other financial interest of more than ten percent of any management interest.
"Broadband" means of a capability in excess of 144 kilobits per second.
"Broadband internet access transport services" means the broadband transmission of data between a user and his or her internet service provider's point of interconnection with the broadband access transport provider's facilities.
"Internet" means, collectively, the myriad computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected worldwide network of networks that employ the transmission control protocol/Internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.
"Internet service provider" means a person who provides a service that enables users to access content, information, electronic mail, or other services offered over the internet.
"Wireline broadband internet access transport provider" means a person who provides broadband internet access transport services, by aid of wire, cable, or other like connection, over facilities owned by it or under its control for a fee directly or indirectly to the public. The term also includes an internet service provider who self-provides, over facilities owned by it or under its control, the wireline broadband transport of its services between itself and its users.
§ -3. (1) Each wireline broadband internet access transport provider who is, or is an affiliate of, and internet service provider shall provide any other requesting internet service provider access to its broadband internet access transport services, unbundled from the provision of content, on rates, terms, and conditions that are at least as favorable as those on which it provides the access to itself, to its affiliate, or to any other person.
(2) The access required under subsection (1) shall be provided at any technically feasible point selected by the requesting internet service provider.
§ -4. A person who violates this act is guilty of a misdemeanor punishable by imprisonment for not more than ninety days or a fine of not more than five thousand dollars or both."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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