Rhode Island Code of Regulations
Title 220 - Department of Administration
Chapter 30 - Purchases
Subchapter 00 - N/A
Part 1 - General Provisions
Section 220-RICR-30-00-1.9 - Internet Neutrality Principles

Universal Citation: 220 RI Code of Rules 30 00 1.9

Current through September 18, 2024

A. State contracts for fixed or mobile broadband internet access service shall be awarded only to service providers that adhere to the internet neutrality principles set forth herein.

B. Adherence to internet neutrality principles means that an internet service provider shall not, with respect to any consumer in the State of Rhode Island (including State agencies):

1. Block lawful content, applications, services, or non harmful devices, subject to reasonable network management that is disclosed to the consumer; or,

2. Throttle, impair or degrade lawful internet traffic based on internet content, application, or service, or use of a nonharmful device, subject to reasonable network management that is disclosed to the consumer; or,

3. Engage in paid prioritization unless the State waives the ban as to particular purchased or funded internet access services if the State determines that the practice is in the public interest, promotes public safety, or is otherwise not inconsistent with the purpose of this Order; or,

4. Unreasonably interfere with or unreasonably disadvantage either:
a. a customer's ability to select, access, and use broadband internet access service or the lawful internet content, applications, services, or devices of their choice; or

b. an edge providers' ability to make lawful content, applications, services, or devices available to a customer, subject to reasonable network management that is disclosed to its customers.

C. "State agency" means any department in the Executive Branch of State government and any agency, authority, board, bureau, commission, division, institution, office, or other instrumentality within or created by any such department, and any independent State authority, commission, instrumentality, or agency over which the Governor exercises executive authority.

D. "Broadband internet access service" means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including all capabilities that are incidental to and enable the operation of thecommunication service, but excluding dial-up internet service. The term "Broadband Internet Access Service" also includes any service that the Federal Communications Commission determines to be providing a functional equivalent of the service described in the preceding sentence or which is used to evade the protections set forth in this regulation.

E. "Edge provider" means any individual or business entity that provides any content, application or service over the internet, and any individual or business entity that provides a device used for accessing any content, application or service over the internet.

F. "Paid prioritization" means the management of a broadband internet service provider's network to directly or indirectly favor some traffic over other traffic, including, but not limited to the use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either,

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

2. to benefit an affiliated entity. Paid prioritization does not include the provision of tiered internet access service or offerings to a retail end user.

G. Waivers to the within internet neutrality principles may be granted by the Director of Administration/Chief Purchasing Officer only upon written request from a State agency director.

1. The Division of Public Utilities and Carriers, the Emergency Management Agency, and the Division of Information Technology shall evaluate all agency waiver requests and make recommendations thereon to the Director of Administration/Chief Purchasing Officer.

2. The Director of Administration/Chief Purchasing Officer shall issue a written determination and grant a waiver only upon a finding that the waiver serves a legitimate and significant public purpose.

H. The Division of Public Utilities and Carriers, the Emergency Management Agency, and the Division of Information Technology shall advise the Director of Administration/Chief Purchasing Officer on potential actions to promote internet neutrality to protect Rhode Islander citizens' access to a free and open internet.

I. Nothing contained in this internet neutrality regulation shall be construed to supersede any federal, state or local law.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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