Code Section Group

Government Code - GOV

TITLE 5. LOCAL AGENCIES [50001 - 57607]

  ( Title 5 added by Stats. 1949, Ch. 81. )

DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821]

  ( Division 2 added by Stats. 1949, Ch. 81. )

PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7]

  ( Part 1 added by Stats. 1949, Ch. 81. )

CHAPTER 1. General [53000 - 53170]

  ( Chapter 1 added by Stats. 1949, Ch. 81. )

ARTICLE 12. Public Broadband Services [53167 - 53167.5]
  ( Article 12 added by Stats. 2018, Ch. 963, Sec. 2. )

53167.
  

For purposes of this article:

(a) “Broadband Internet access service” means a mass-market retail service provided by a local agency in California 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” also encompasses any service provided by a local agency in California that provides a functional equivalent of that service or that is used to evade the protections set forth in this article.

(b) “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 to an end user.

(c) “End user” means any individual or entity in California that uses a broadband Internet access service that is provided by a local agency.

(d) “Fixed broadband Internet access service” means any broadband Internet access service that serves end users primarily at fixed endpoints using stationary equipment. Fixed broadband Internet access service includes fixed wireless services, including fixed unlicensed wireless services, and fixed satellite services.

(e) “Local agency” means any agency of local government authorized by any other law to provide broadband internet access service, including the following:

(1) A city.

(2) A county service area.

(3) A community services district.

(4) A public utility district.

(5) A municipal utility district.

(f) “Mobile broadband Internet access service” means any broadband Internet access service that serves end users primarily using mobile stations.

(g) “Network management practice” means a practice that has a primarily technical network management justification, but does not include other business practices.

(h) “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, that either:

(1) Is in exchange for consideration, monetary or otherwise, from a third party.

(2) Done to benefit an affiliated entity.

(i) “Reasonable network management” means a network management practice that 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.

(Added by Stats. 2018, Ch. 963, Sec. 2. (AB 1999) Effective January 1, 2019.)

53167.1.
  

It is the intent of the Legislature that this article protect and promote the Internet as an open platform enabling consumer choice, freedom of expression, end-user control, competition, and the freedom to innovate without permission, thereby encouraging the deployment of advanced telecommunications capability and remove barriers to infrastructure investment.

(Added by Stats. 2018, Ch. 963, Sec. 2. (AB 1999) Effective January 1, 2019.)

53167.2.
  

Except for reasonable network management, a local agency insofar as it is engaged in the provision of broadband Internet access service shall not block lawful content, applications, services, or nonharmful devices.

(Added by Stats. 2018, Ch. 963, Sec. 2. (AB 1999) Effective January 1, 2019.)

53167.3.
  

Except for reasonable network management, a local agency insofar as it is engaged in the provision of broadband Internet access service shall not impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device.

(Added by Stats. 2018, Ch. 963, Sec. 2. (AB 1999) Effective January 1, 2019.)

53167.4.
  

A local agency insofar as it is engaged in the provision of broadband Internet access service shall not engage in paid prioritization.

(Added by Stats. 2018, Ch. 963, Sec. 2. (AB 1999) Effective January 1, 2019.)

53167.5.
  

Except for reasonable network management, a local agency insofar as it is engaged in the provision of broadband Internet access service shall not unreasonably interfere with, or unreasonably disadvantage, either of the following:

(a) An end user’s ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of the end user’s choice.

(b) An edge provider’s ability to make lawful content, applications, services, or devices available to an end user.

(Added by Stats. 2018, Ch. 963, Sec. 2. (AB 1999) Effective January 1, 2019.)

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