AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- BROADBAND DEPLOYMENT AND INVESTMENT ACT -- RHODE ISLAND BROADBAND OVERSIGHT AND ACCOUNTABILITY ACT OF 2026 (Enacts the Rhode Island Broadband Oversight and Accountability Act of 2026.)

H7333

2026 -- H 7333
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- BROADBAND DEPLOYMENT
AND INVESTMENT ACT -- RHODE ISLAND BROADBAND OVERSIGHT AND
ACCOUNTABILITY ACT OF 2026

Introduced By:
Representatives McGaw, Fogarty, Carson, Potter, Fellela, Furtado,
Morales, Messier, Donovan, and Boylan

Date Introduced:
January 28, 2026

Referred To:
House Corporations
It is enacted by the General Assembly as follows:
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SECTION 1. Short Title.
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This act shall be known as the “Rhode Island Broadband Oversight and Accountability Act
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of 2026.”
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SECTION 2. The purpose of this act is to remove statutory barriers that prevent Rhode
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Island from oversight and monitoring of broadband services, and require the Rhode Island
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Commerce Corporation to develop a plan for a broadband office or equivalent program to ensure
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effective monitoring and oversight.
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SECTION 3. Sections 39-28-1, 39-28-2 and 39-28-3 of the General Laws in Chapter 39-
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28 entitled "Broadband Deployment and Investment Act" are hereby amended to read as follows:
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39-28-1. Findings.
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The Rhode Island general assembly finds that growth and enhancement of services using
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internet protocol technology provide Rhode Island consumers more choice in voice, data, and video
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services than at any other time. The proliferation of new technologies and applications and the
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growing number of providers developing and offering innovative services using internet protocol
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are due in large part to little barrier to investment, including freedom from state laws and
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regulations governing traditional telephone service, that these technologies have enjoyed in Rhode
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Island, as well as recognition that federal law is more uniform in its oversight of internet protocol-
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enabled services. The economic benefits, including consumer choice, new jobs, and significant

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capital investment, will be jeopardized and competition minimized by the imposition of traditional
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state entry, rate, and service-term regulation on voice over internet protocol service and internet
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protocol-enabled service.
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(1) The general assembly finds that broadband infrastructure is now essential to the daily
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life and well-being of all Rhode Islanders.
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(2) Reliable internet access supports critical activities across every sector including health
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care, education, public safety, energy management, business operations, financial services,
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housing, transportation, and access to government services.
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(3) Previously, provisions of § 39-28-3 made broadband oversight effectively illegal
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insofar as it prohibited the state from regulating, monitoring, or even designing a framework to
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oversee broadband performance or reliability.
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(4) No other state maintains a prohibition this sweeping at a time when federal law requires
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states to show meaningful broadband oversight capacity.
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(5) Rhode Island receives major federal broadband funds including BEAD, ARPA, and the
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Capital Projects Fund, which require the state to show real, long-term improvements in broadband
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coverage, adoption, and service quality.
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(6) Federal broadband programs do not track performance well over time and require only
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limited testing of specific award areas, leaving large gaps in understanding how networks are
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actually performing. States must fill these gaps with their own continuous monitoring.
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(7) Many states have created broadband offices or authorities with statutory powers to
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coordinate deployments, maintain maps, ensure accountability, and monitor performance (e.g.,
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Maine Connectivity Authority; Vermont Community Broadband Board; Massachusetts Broadband
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Institute).
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(8) In its FY2023 budget, the Rhode Island general assembly authorized a broadband
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director, and an employee of the commerce corporation, to, among other responsibilities, create a
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statewide broadband strategic plan which would include goals and strategies related to increasing
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the access and use of broadband internet in the state. Such a plan would include high-capacity
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transmission technique using a wide range of frequencies to deliver high-speed internet including
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both wireline and wireless technologies and would include, but not be limited to: goals for
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broadband elements such as speed, latency, affordability, reliability, access, sustainability, and
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digital equity. The plan was to be submitted to the governor, the speaker of the house of
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representatives, and the president of the senate on or before December 31, 2022 and be updated
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every five (5) years thereafter.
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(9) To responsibly manage public broadband funds and ensure that service is reliable and

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equitable, now and into the future as broadband technologies change and resident and business
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bandwidth needs increase, Rhode Island must develop a broadband office structure capable of
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mapping availability, monitoring performance, identifying unserved areas, coordinating federal
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awards, supporting local planning, increasing adoption, and providing transparent public reporting.
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39-28-2. Definitions.
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For the purpose of this chapter, the following terms shall have the following meanings:
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(1)
"Broadband" means high-speed Internet access that provides a continuous, reliable
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connection currently defined by the Federal Communications Commission (FCC). Broadband can
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be delivered through technologies such as optical fiber, coaxial cable, fixed wireless, satellite, or
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cellular networks.
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(2) "Internet" means a global network of interconnected computer systems and servers that
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communicate using Internet protocol (IP) or its successors, enabling the transmission of data, voice,
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video, and multimedia content. It supports a wide variety of services, including web browsing,
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email, file sharing, voice over Internet protocol (VoIP), streaming, messaging, and other digital
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communications and content access.
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(2)
(3)
“Internet protocol-enabled service” or “IP-enabled service” means any service,
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capability, functionality, or application provided, except that as provided in subsection
(1)
(4), using
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internet protocol, or any successor protocol, that enables an end-user to send or receive a
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communication in internet protocol format or any successor format.
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(4)
“Voice over internet protocol service” or “VoIP service” means any service that:
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(i) Enables real-time, two-way voice communications that originate from or terminate at
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the user’s location in internet protocol or any successor protocol;
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(ii) Uses a broadband connection from the user’s location; and
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(iii) Permits users generally to receive calls that originate on the public switched telephone
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network and to terminate calls to the public switched telephone network.
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39-28-3. Regulation.
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Notwithstanding any general or public law to the contrary, and with the exception of the
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provisions of § 39-28-4, no department, agency, commission, or political subdivision of Rhode
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Island shall enact, adopt, or enforce, either directly or indirectly, any law, rule, regulation,
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ordinance, standard, order, or other provision having the force or effect of law that regulates, or has
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the effect of regulating, the entry, rates, terms, or conditions of VoIP service or IP-enabled service.

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(a) Nothing in this chapter shall be construed to expand the jurisdiction of the public
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utilities commission or the division of public utilities and carriers beyond that provided in other
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chapters of title 39.

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(b) The statutory language in this chapter that prohibits any department, agency,
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commission, or political subdivision of the state from enacting, adopting, or enforcing any law,
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rule, or provision regulating the entry, rates, terms, or conditions of VoIP service or IP-enabled
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service is hereby repealed and shall have no force or effect.
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(c) This section does not itself grant regulatory authority over broadband or internet
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services.
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(d) The general assembly retains full authority to enact oversight, reporting, planning, and
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performance-monitoring statutes relating to broadband and internet services.
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SECTION 4. Chapter 42-64 of the General Laws entitled "Rhode Island Commerce
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Corporation" is hereby amended by adding thereto the following section:
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42-64-43. Broadband oversight planning -- Rhode Island commerce corporation.

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(a) The Rhode Island commerce corporation (“corporation”) shall, within one year of the
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effective date of this section, develop and submit to the speaker of the house, president of the senate,
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house and senate finance chairs, and committees with jurisdiction over commerce and technology,
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a detailed plan regarding the creation of a broadband oversight authority or similar structure.
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(b) The plan shall include, but not be limited to:
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(1) Recommendations for the mission, authority, and responsibilities of such an oversight
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authority, including broadband planning, deployment coordination, performance monitoring,
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consumer concerns, and equitable access;
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(2) Recommendations for organizational structure and staffing;
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(3) A proposed framework for collaboration with state, local, and federal entities involved
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in broadband deployment or oversight;
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(4) Proposed funding mechanisms to support the authority’s operations; and
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(5) A timeline for establishment of the authority, including any legislative actions
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necessary for its formation.
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(c) The corporation shall hire contractors or add a full-time equivalent employee to ensure
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compliance with this section, and may consult with municipalities, broadband providers, public
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safety agencies, educational institutions, community organizations, and other relevant stakeholders
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while preparing the plan.
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SECTION 5. Severability.
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If any provision of this act or the application thereof to any person or circumstances is held
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invalid, such invalidity shall not affect other provisions or applications of this act, which can be
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given effect without the invalid provision or application, and to this end the provisions of this act
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are declared to be severable.

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SECTION 6. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- BROADBAND DEPLOYMENT
AND INVESTMENT ACT -- RHODE ISLAND BROADBAND OVERSIGHT AND
ACCOUNTABILITY ACT OF 2026
***
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This act would enact the Rhode Island Broadband Oversight and Accountability Act of
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2026. The act would amend and remove statutory barriers that may prevent Rhode Island from
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oversight and monitoring of broadband services. The act would also direct the commerce
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corporation to prepare and submit a plan regarding the creation of broadband oversight authority
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or a similar structure.
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This act would take effect upon passage.
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