3130.
For purposes of this title, all of the following definitions apply:(a) “Broadband internet access service” means a mass-market retail service by wire or radio provided to customers in California that provides the capability to transmit data to, and receive data from, all or substantially all internet endpoints, including, but not limited to, 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 to customers in California that provides a functional equivalent of that service or that is used to evade the protections set forth in this title.
(b) “Covered entity” means an entity that provides, facilitates, and affects consumer access to broadband internet access service. Covered entities include, but are not limited to, internet service providers, contractors retained by, or entities working through partnership agreements or other business arrangements with, broadband internet access service providers, entities facilitating or involved in the provision of broadband internet access service, entities maintaining and upgrading network infrastructure, and entities that otherwise affect consumer access to broadband internet access service.
(c) “Differential impact” or “disparate impact,” in relation to digital discrimination of access, means policies or practices that meet all of the following criteria:
(1) The policy or practice causes a disparate impact on a prohibited basis.
(2) The policy or practice is not justified by a legitimate business impediment, including genuine issues of technical or economic feasibility.
(3) There are other reasonably achievable and less discriminatory alternatives.
(d) “Digital discrimination of access” means policies or practices not justified by a legitimate business impediment, including genuine issues of technical or economic feasibility, that differentially impact consumers’ access to broadband internet access service based on their race, ethnicity, color, religion, or national origin, or that are intended to have a differential impact.
(e) “Economic feasibility” means reasonably achievable and not subject to any substantial, legitimate business impediment, as evidenced by prior success by covered entities under similar circumstances or demonstrated new economic conditions clearly indicating that the policy or practice in question may reasonably be adopted, implemented, and used.
(f) “Internet service provider” means any entity that provides broadband internet access service to an individual, corporation, government, or other customer in California.
(g) “Technical feasibility” means reasonably achievable and not subject to any substantial, legitimate business impediment, as evidenced by prior success by covered entities under similar circumstances or demonstrated technological advances clearly indicating that the policy or practice in question may reasonably be adopted, implemented, and used.