Bill Text: IL HB5094 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Telecommunications Article of the Public Utilities Act. Requires broadband providers to publicly disclose accurate information regarding network management practices, performance, and commercial terms of its broadband Internet access service sufficient for consumers to make informed choices concerning the use of the service. Restricts broadband providers from blocking lawful content, applications, services, or non-harmful devices subject to reasonable network management practices. Restricts broadband providers from impairing or degrading Internet traffic on the basis of content, application, or service. Restricts broadband providers from engaging in paid prioritization. Restricts broadband providers from unreasonably interfering with or unreasonably disadvantaging a consumer's ability to use the service or a content provider's ability to make content available to a customer. Provides that the Attorney General may enforce a violation of the provisions as an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2018-02-22 - Added Chief Co-Sponsor Rep. Laura Fine [HB5094 Detail]

Download: Illinois-2017-HB5094-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5094

Introduced , by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:
220 ILCS 5/13-805 new
815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z

Amends the Telecommunications Article of the Public Utilities Act. Requires broadband providers to publicly disclose accurate information regarding network management practices, performance, and commercial terms of its broadband Internet access service sufficient for consumers to make informed choices concerning the use of the service. Restricts broadband providers from blocking lawful content, applications, services, or non-harmful devices subject to reasonable network management practices. Restricts broadband providers from impairing or degrading Internet traffic on the basis of content, application, or service. Restricts broadband providers from engaging in paid prioritization. Restricts broadband providers from unreasonably interfering with or unreasonably disadvantaging a consumer's ability to use the service or a content provider's ability to make content available to a customer. Provides that the Attorney General may enforce a violation of the provisions as an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make conforming changes. Effective immediately.
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A BILL FOR

HB5094LRB100 18447 SMS 33662 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Public Utilities Act is amended by adding
5Section 13-805 as follows:
6 (220 ILCS 5/13-805 new)
7 Sec. 13-805. Net neutrality.
8 (a) As used in this Section:
9 "Broadband Internet access service" means a mass-market
10retail service that provides the capability to transmit data to
11and receive data from all or substantially all Internet
12endpoints, including any capabilities that are incidental to
13and enable the operation of the communications service, but
14excluding dial-up Internet access service. "Broadband Internet
15access service" includes any service that the Federal
16Communications Commission finds to be providing a functional
17equivalent of broadband Internet access service.
18 "Paid prioritization" means the management of a broadband
19provider's network to directly or indirectly favor some traffic
20over other traffic, including through the use of techniques
21such as traffic shaping, prioritization, resource reservation,
22or other forms of preferential traffic management, either in
23exchange for consideration from a third party or to benefit an

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1affiliated entity.
2 "Reasonable network management" means a practice
3determined by the Commission to be a primarily technical
4network management justification, but does not include other
5business practices. A network management practice is
6reasonable if it is primarily used for and tailored to
7achieving a legitimate network management purpose, taking into
8account the particular network architecture and technology of
9the broadband Internet access service.
10 (b) A person or entity providing broadband Internet access
11service in this State shall publicly disclose accurate
12information regarding the network management practices,
13performance, and commercial terms of its broadband Internet
14access services sufficient for consumers to make informed
15choices regarding the use of such services and for content,
16application, service, and device providers to develop, market,
17and maintain Internet offerings.
18 (c) A person or entity providing broadband Internet access
19service in this State may not:
20 (1) block lawful content, applications, services, or
21 non-harmful devices subject to reasonable network
22 management practices as determined by the Commission;
23 (2) impair or degrade lawful Internet traffic on the
24 basis of Internet content, application, or service or use
25 of a non-harmful device subject to reasonable network
26 management practices as determined by the Commission;

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1 (3) engage in paid prioritization, including, but not
2 limited to, traffic shaping, prioritization, resource
3 reservation, or other forms of preferential traffic
4 management either in exchange for consideration from a
5 third party or benefit to an affiliated entity; or
6 (4) unreasonably interfere with, or unreasonably
7 disadvantage, either a customer's ability to select,
8 access, and use broadband Internet access service or lawful
9 Internet content, applications, services, or devices of
10 the customer's choice or a content provider's ability to
11 make lawful content, applications, services, or devices
12 available to a customer.
13 (d) The Attorney General may enforce a violation of this
14Section as an unlawful practice within the meaning of the
15Consumer Fraud and Deceptive Business Practices Act.
16 Section 10. The Consumer Fraud and Deceptive Business
17Practices Act is amended by changing Section 2Z as follows:
18 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
19 Sec. 2Z. Violations of other Acts. Any person who knowingly
20violates the Automotive Repair Act, the Automotive Collision
21Repair Act, the Home Repair and Remodeling Act, the Dance
22Studio Act, the Physical Fitness Services Act, the Hearing
23Instrument Consumer Protection Act, the Illinois Union Label
24Act, the Installment Sales Contract Act, the Job Referral and

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1Job Listing Services Consumer Protection Act, the Travel
2Promotion Consumer Protection Act, the Credit Services
3Organizations Act, the Automatic Telephone Dialers Act, the
4Pay-Per-Call Services Consumer Protection Act, the Telephone
5Solicitations Act, the Illinois Funeral or Burial Funds Act,
6the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
7Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
8High Risk Home Loan Act, the Payday Loan Reform Act, the
9Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
103-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
113-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
12Internet Caller Identification Act, paragraph (6) of
13subsection (k) of Section 6-305 of the Illinois Vehicle Code,
14Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
15or 18d-153 of the Illinois Vehicle Code, Article 3 of the
16Residential Real Property Disclosure Act, the Automatic
17Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
18the Youth Mental Health Protection Act, the Personal
19Information Protection Act, or the Student Online Personal
20Protection Act, or Section 13-805 of the Public Utilities Act
21commits an unlawful practice within the meaning of this Act.
22(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
23eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
24revised 10-6-17.)
25 Section 97. Severability. The provisions of this Act are

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1severable under Section 1.31 of the Statute on Statutes.
2 Section 99. Effective date. This Act takes effect upon
3becoming law.
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