PRINTER'S NO. 1832
No. 1516 Session of 1999
INTRODUCED BY RAYMOND, CARN, CLARK, FRANKEL, GANNON, HARHAI,
KENNEY, ORIE, ROSS, SEYFERT, TRELLO, WALKO, WILT, YOUNGBLOOD,
ADOLPH, ALLEN, ARGALL, BARRAR, CIVERA, McGILL, J. TAYLOR,
TULLI AND STEELMAN, MAY 12, 1999
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 12, 1999
AN ACT
1 Regulating access to Internet service providers by wireline
2 broadband Internet access transport providers.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Internet
7 Access Enhancement Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Affiliate." A person who, directly or indirectly, owns or
13 controls, is owned or controlled by or is under common ownership
14 or control with another person. For purposes of this term, "own"
15 means to own an equity or other financial interest or the
16 equivalent thereof of more than 10% or any management interest.
17 "Broadband." A capability in excess of 144 kilobits per
1 second.
2 "Broadband Internet access transport services." The
3 broadband transmission of data between a user and the user's
4 Internet service provider's point of interconnection with the
5 broadband Internet access transport provider's facilities.
6 "Internet." The myriad of computer and telecommunications
7 facilities, including equipment and operating software, which
8 comprise the interconnected worldwide network of networks that
9 employ the transmission control protocol/Internet protocol, or
10 any predecessor or successor protocols to such protocol, to
11 communicate information of all kinds by wire or radio.
12 "Internet service provider." A person who provides a service
13 that enables users to access content, information, electronic
14 mail or other services offered over the Internet.
15 "Wireline broadband Internet access transport provider." A
16 person who provides broadband Internet access transport
17 services, by aid of wire, cable or other like connection, over
18 facilities owned by it or under its control for a fee directly
19 or indirectly to the public. The term shall also include an
20 Internet service provider who self-provides, over facilities
21 owned by it or under its control, the wireline broadband
22 transport of its services between itself and its users.
23 Section 3. Duty to provide equal access to Internet service
24 providers.
25 Each wireline broadband Internet access transport provider
26 who is or is an affiliate of an Internet service provider shall
27 provide any other requesting Internet service provider access to
28 its broadband Internet access transport services, unbundled from
29 the provision of content, on rates, terms and conditions that
30 are at least as favorable as those on which it provides such
19990H1516B1832 - 2 -
1 access to itself, to its affiliate or to any other person. This
2 access shall be provided at any technically feasible point
3 selected by the requesting Internet service provider.
4 Section 4. Enforcement.
5 A violation of this act shall constitute an unfair method of
6 competition and an unfair or deceptive act or practice within
7 the meaning of and shall be enforced pursuant to the act of
8 December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade
9 Practices and Consumer Protection Law.
10 Section 5. Effective date.
11 This act shall take effect in 60 days.
D12L12DMS/19990H1516B1832 - 3 -