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HB1472
HOUSE OF REPRESENTATIVES
H.B. NO.
1472
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to broadband service
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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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
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Definitions.
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As used in this chapter, unless the context otherwise requires:
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"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.
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"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.
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"Application-specific differential
pricing" does not include zero-rating.
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"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.
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"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.
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"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.
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"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.
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"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.
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"End user" means any individual
or entity that uses a broadband internet access service.
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"Internet service provider" means
a business that provides broadband internet access service to an individual,
corporation, government, or other customer in the State.
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"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.
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"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.
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"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.
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"Mobile broadband internet access
service" means a broadband internet access service that serves end users
primarily using mobile stations.
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"Network management practice"
means a practice that has a primarily technical network management
justification, but does not include other business practices.
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"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:
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(1)
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In exchange for consideration, monetary or
otherwise, from a third party; or
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(2)
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To benefit an affiliated entity.
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"Reasonable
network management" means a practice that has a primarily technical
network management justification, but does not include other business
practices.
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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.
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"Zero-rating"
means exempting some internet traffic from a customer's data limitation.
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Broadband internet access service;
disclosure; protections.
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(a)
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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.
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(b)
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A person engaged in the provision of broadband internet access service
in the State, insofar as such a person is so engaged, shall not:
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(1)
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Block lawful content, applications, services,
or nonharmful devices, subject to reasonable network management;
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(2)
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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;
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(3)
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Engage in paid prioritization or
application-specific differential pricing;
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(4)
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Engage in application-specific differential
pricing or zero-rating in exchange for consideration, monetary or otherwise, by
third parties;
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(5)
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Zero-rate some internet content, applications,
services, or devices in a category of internet content, applications, services,
or devices, but not the entire category;
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(6)
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Unreasonably interfere with or unreasonably
disadvantage:
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(A)
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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
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(B)
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Edge providers' ability to make lawful
content, applications, services, or devices available to end users;
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(7)
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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;
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(8)
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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
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(9)
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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:
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(A)
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Are marketed, provide, or can be used as a
functional equivalent of broadband internet access service;
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(B)
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Have the purpose or effect of circumventing or
undermining the effectiveness of this chapter; or
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(C)
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Negatively affect the performance of broadband
internet access service;
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.
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Technical treatments
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(a)
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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:
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(1)
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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;
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(2)
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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
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(3)
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The internet service provider charges only its
own broadband internet access service customers for the use of the different
types of technical treatment.
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(b)
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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.
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(c)
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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.
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Zero-rate; permissible.
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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.
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Public entities.
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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.
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Exemptions.
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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."
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SECTION
2
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Section 27-45, Hawaii Revised Statutes, is
amended to read as follows:
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"
[
[
]�27-45[
]
]
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Broadband-related permits; automatic
approval.
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(a)
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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.
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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.
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(b)
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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.
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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.
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(c)
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Permits issued pursuant to this section shall
contain the following language:
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"This is a broadband-related permit issued pursuant to section 27-45,
Hawaii Revised Statutes."
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(d)
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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.
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(e)
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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.
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(f)
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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.
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(g)
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If an application is incomplete, the State
shall notify the applicant in writing within ten business days of submittal of
the application.
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The notice shall inform
the applicant of the specific requirements necessary to complete the
application.
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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.
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(h)
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Nothing in this section shall affect the
provisions of section 3 of Act 151, Session Laws of Hawaii 2011.
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(i)
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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
.
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[
(i)
]
(j)
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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.
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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."
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SECTION
3
.
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Section 46-89, Hawaii Revised Statutes, is
amended to read as follows:
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"
�46-89
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Broadband-related permits; automatic approval.
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(a)
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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.
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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.
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(b)
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Permits issued pursuant to this section shall
contain the following language:
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"This is a broadband-related permit issued pursuant to section 46-89,
Hawaii Revised Statutes."
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(c)
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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.
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(d)
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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.
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(e)
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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.
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(f)
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If an application is incomplete, the county
agency shall notify the applicant in writing within ten business days of
submittal of the application.
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The notice
shall inform the applicant of the specific requirements necessary to complete
the application.
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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.
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(g)
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Nothing in this section shall affect the
provisions of section 3 of Act 151, Session Laws of Hawaii 2011.
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(h)
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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
.
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[
(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.
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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."
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SECTION 4.
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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.
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SECTION
5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Broadband Internet Access Service; Protections; Net
Neutrality
Description:
Requires a provider of broadband internet access services
to be transparent with network management practices, performance, and
commercial terms of its broadband internet access services.
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Prohibits a provider of broadband internet
access services from blocking lawful websites, impairing or degrading lawful
internet traffic, engaging in paid prioritization or application-specific
differential pricing, or interfering with or disadvantaging users of broadband
internet access services.
�
Requires an
applicant of a broadband-related permit seeking a state-granted or
county-granted right to attach small cell or other broadband wireless
communication devices to utility poles to comply with certain practices.
The summary description
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not legislation or evidence of legislative intent.