HB1472

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

BROADBAND INTERNET ACCESS SERVICE

§ -1 Definitions. As used in this chapter, unless the context otherwise requires:

"Application-agnostic" means not differentiating on the basis of source, destination, internet content, application, service, or device, or class of internet content, application, service, or device.

"Application-specific differential pricing" means charging different prices for internet traffic to customers on the basis of internet content, application, service, or device, or class of internet content, application, service, or device. "Application-specific differential pricing" does not include zero-rating.

"Broadband internet access service" means a mass-market retail service, including any service that the Federal Communications Commission finds to be functionally equivalent, 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. "Broadband internet access service" includes any service provided to customers in the State that provides a functional equivalent of that service or that is used to evade the protections set forth in this chapter.

"Class of internet content, application, service, or device" means internet content, or a group of internet applications, services, or devices sharing a common characteristic, including but not limited to sharing the same source or destination; belonging to the same type of content, application, service, or device; using the same application- or transport-layer protocol; or having similar technical characteristics, including but not limited to the size, sequencing, or timing of packets, or sensitivity to delay.

"Content, applications, or services" means all internet traffic transmitted to or from end users of a broadband internet access service, including traffic that may not fit into any of these categories.

"Edge provider" means any individual or entity that provides any content, application, or service over the Internet, and any individual or entity that provides a device used for accessing any content, application, or service over the Internet.

"End user" means any individual or entity that uses a broadband internet access service.

"Internet service provider" means a business that provides broadband internet access service to an individual, corporation, government, or other customer in the State.

"ISP traffic exchange" means the exchange of internet traffic destined for, or originating from, an internet service provider's end users between the internet service provider's network and another individual or entity, including but not limited to an edge provider, content delivery network, or other network operator.

"Mass market" means a service marketed and sold on a standardized basis to residential customers, small business, and other end-use customers, including but not limited to schools, institutions of higher learning, and libraries. "Mass market" includes broadband internet access services purchased with support of the e-rate and rural health care program and similar programs at the federal and state level, regardless of whether they are customized or individually negotiated, as well as any broadband internet access service offered using networks support by the connect America fund or similar programs at the federal and state level.

"Mobile broadband internet access service" means a broadband internet access service that serves end users primarily using mobile stations.

"Network management practice" means a practice that has a primarily technical network management justification, but does not include other business practices.

"Paid prioritization" means the management of a broadband provider's network to directly or indirectly favor some traffic over other traffic, including through the use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either:

(1) In exchange for consideration, monetary or otherwise, from a third party; or

(2) To benefit an affiliated entity.

"Reasonable network management" means a practice that has a primarily technical network management justification, but does not include other business practices. A network management practice is reasonable if it is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband internet access service.

"Zero-rating" means exempting some internet traffic from a customer's data limitation.

§ -2 Broadband internet access service; disclosure; protections. (a) A person engaged in the provision of broadband internet access service in the State shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain internet offerings.

(b) A person engaged in the provision of broadband internet access service in the State, insofar as such a person is so engaged, shall not:

(1) Block lawful content, applications, services, or nonharmful devices, subject to reasonable network management;

(2) Speed up, slow down, alter, restrict, interfere with, or otherwise directly or indirectly favor, disadvantage, or discriminate between lawful internet traffic on the basis of source, destination, internet content, application, or service, or use of a nonharmful device, or a class of internet content, application, service, or nonharmful device subject to reasonable network management practices;

(3) Engage in paid prioritization or application-specific differential pricing;

(4) Engage in application-specific differential pricing or zero-rating in exchange for consideration, monetary or otherwise, by third parties;

(5) Zero-rate some internet content, applications, services, or devices in a category of internet content, applications, services, or devices, but not the entire category;

(6) Unreasonably interfere with or unreasonably disadvantage:

(A) End users' ability to select, access, and use broadband internet access service or the lawful internet content, applications, services, or devices of their choice; or

(B) Edge providers' ability to make lawful content, applications, services, or devices available to end users;

(7) Engage in practices with respect to, related to, or in connection with ISP traffic exchange that have the purpose or effect of circumventing or undermining the effectiveness of this chapter;

(8) Engage in deceptive or misleading marketing practices that misrepresent the treatment of internet traffic, content, applications, services, or devices by the internet service provider, or that misrepresent the performance characteristics or commercial terms of the broadband internet access service to its customers; or

(9) Offer or provide services other than broadband internet access services that are delivers over the same last-mile connection as the broadband internet access services if those services:

(A) Are marketed, provide, or can be used as a functional equivalent of broadband internet access service;

(B) Have the purpose or effect of circumventing or undermining the effectiveness of this chapter; or

provided that the prohibition on paid prioritization pursuant to paragraph (3) may be permitted if a petitioner demonstrates that the practice would provide some significant public interest benefit and would not harm the open nature of the Internet in the State.

§ -3 Technical treatments. (a) It shall not be a violation of this chapter for an internet service provider to offer different types of technical treatment to end users are part of its broadband internet access service if:

(1) The different types of technical treatment are equally available to all internet content, applications, services, and devices, and all classes of internet content, applications, services, devices, and the internet service provider does not discriminate in the provision of the different types of technical treatment on the basis of internet content, application, service, or device, or class of internet content, application, service, or device;

(2) The internet service provider's end users are able to choose whether, when, and for which internet content, applications, services, or devices, or classes of internet content, applications, services, or devices to use each type of technical treatment; and

(3) The internet service provider charges only its own broadband internet access service customers for the use of the different types of technical treatment.

(b) Any internet service provider offering different types of technical treatments pursuant to this section shall notify the public utilities commission and provide the commission with a specimen of any service contract that it offers to customers in the State.

(c) If an internet service provider offers different types of technical treatment pursuant to this section, the public utilities commission shall monitor the quality of the basic default service and establish minimum quality re3quirements if the offering of the different types of technical treatment degrades the quality of the basic default service.

§ -4 Zero-rate; permissible. It shall not be a violation of this chapter for an internet service provider to zero-rate internet traffic in application-agnostic ways; provided that no consideration, monetary or otherwise, shall be provided by a third party in exchange for the provider's decision to zero-rate or to not zero-rate traffic.

§ -5 Public entities. No public entity shall purchase, or provide funding for the purchase of, any fixed or mobile broadband internet service from an internet service provider that is in violation of this chapter.

§ -6 Exemptions. Nothing in this chapter shall be construed to supersede or limit any obligation, authorization, or ability of an internet service provider to address the needs of emergency communications or law enforcement, public safety, or national security authorities."

SECTION 2. Section 27-45, Hawaii Revised Statutes, is amended to read as follows:

"[[]§27-45[]] Broadband-related permits; automatic approval. (a) The State shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee; provided that this subsection shall not apply to a conservation district use application for broadband facilities. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the State, the application shall be deemed approved by the State.

(b) The State shall approve, approve with modification, or disapprove use applications for broadband facilities within the conservation district within one hundred forty-five days of submission of a complete application and full payment of any applicable fee. If, on the one hundred forty-sixth day, an application is not approved, approved with modification, or disapproved by the State, the application shall be deemed approved by the State.

(c) Permits issued pursuant to this section shall contain the following language: "This is a broadband-related permit issued pursuant to section 27-45, Hawaii Revised Statutes."

(d) An applicant and a public utility shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology.

(e) No action shall be prosecuted or maintained against the State, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving a permit application pursuant to this section, or against public utilities resulting from such actions.

(f) The sixty day time period established by subsection (a) shall be extended in the event of a natural disaster, state emergency, or union strike that prevents the applicant, agency, or department from fulfilling application review requirements.

(g) If an application is incomplete, the State shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The sixty-first day automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice.

(h) Nothing in this section shall affect the provisions of section 3 of Act 151, Session Laws of Hawaii 2011.

(i) Notwithstanding any law to the contrary, all broadband-related permits approved pursuant to this section that allow an applicant a state-granted right to attach small cell or other broadband wireless communication devices to utility poles shall be contingent upon the applicant complying with the practices set forth pursuant to chapter .

[~~(i)~~] (j) For the purposes of this section, "broadband-related permits" means all state permits required to commence actions with respect to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road rights-of-way, and undersea boring, or the landing of an undersea communications cable. The term does not include any state permit for which the approval of a federal agency is explicitly required pursuant to federal law, rule, or regulation, prior to granting final permit approval by the State."

SECTION 3. Section 46-89, Hawaii Revised Statutes, is amended to read as follows:

"§46-89 Broadband-related permits; automatic approval. (a) A county shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the county, the application shall be deemed approved by the county.

(b) Permits issued pursuant to this section shall contain the following language: "This is a broadband-related permit issued pursuant to section 46-89, Hawaii Revised Statutes."

(c) An applicant and a public utility shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology.

(d) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving a permit application pursuant to this section, or against public utilities resulting from such actions.

(e) The sixty day time period established by subsection (a) shall be extended in the event of a natural disaster, state emergency, or union strike that prevents the applicant, agency, or department from fulfilling application review requirements.

(f) If an application is incomplete, the county agency shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The sixty-first day automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice.

(g) Nothing in this section shall affect the provisions of section 3 of Act 151, Session Laws of Hawaii 2011.

(h) Notwithstanding any law to the contrary, all broadband-related permits approved pursuant to this section that allow an applicant a county-granted right to attach small cell or other broadband wireless communication devices to utility poles shall be contingent upon the applicant complying with the practices set forth pursuant to chapter .

[~~(h)~~] (i) For the purposes of this section, "broadband-related permits" means all county permits required to commence actions with respect to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road rights-of-way, and undersea boring, or the landing of an undersea communications cable. The term does not include any county permit for which the approval of a federal agency is explicitly required pursuant to federal law, rule, or regulation, prior to granting final permit approval by the county."

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1472
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII