Colorado § 40-15-209 - Net neutrality conditions for internet service providers to receive high cost support mechanism money - definitions.

§ 40-15-209. Net neutrality conditions for internet service providers to receive high cost support mechanism money - definitions.

(1) Except as provided in subsection (3) of this section, an internet service provider that is otherwise eligible to receive money through a grant from the Colorado broadband office pursuant to section 24-37.5-905 or through any state fund established to help finance broadband deployment is not eligible to receive that money if the internet service provider:

(a) Blocks any lawful internet content, applications, services, or devices unless the blocking is conducted in a manner consistent with reasonable network management practices;

(b) Engages in paid prioritization of internet content;

(c) Regulates network traffic by throttling bandwidth or otherwise impairs or degrades lawful internet traffic on the basis of internet content, application, service, or use of a nonharmful device unless the impairment or degradation results solely from the evenhanded application of reasonable network management practices; or

(d) Fails or refuses to disclose, subject to reasonable conditions to protect proprietary information, its network management practices.

(2) (a) If the commission learns from the Colorado broadband office that a federal agency has issued a final order or entered into a settlement or consent decree regarding, or a court of competent jurisdiction has issued a final judgment against, an internet service provider and that the office has determined from the order, decree, or judgment that the internet service provider has engaged in conduct specified in subsection (1) of this section, the commission shall issue a written order to the internet service provider requiring the internet service provider to fully refund any money that the internet service provider received in the twenty-four months preceding the office's determination from the high cost support mechanism pursuant to a grant awarded by the Colorado broadband office under section 24-37.5-905.

(b) An order issued by the commission pursuant to subsection (2)(a) of this section must include an itemized statement of the amount of money that the internet service provider is required to refund and instructions on how to refund the money.

(c) The third-party contractor that maintains the high cost support mechanism shall allocate any money refunded to the high cost support mechanism pursuant to this subsection (2) to the high cost support mechanism account dedicated to broadband deployment, which account is described in section 24-37.5-905.

(d) A requirement that an internet service provider refund money to the high cost support mechanism pursuant to this section does not relieve the internet service provider of any provider-of-last-resort obligations that the internet service provider otherwise has pursuant to this article 15.

(3) An internet service provider is exempt from the obligations set forth in subsections (1) and (2) of this section if the internet service provider engages in any of the practices listed in subsections (1)(a) to (1)(d) of this section in the course of:

(a) Providing, facilitating the provision of, or addressing emergency communications, as permitted or required by law or at the request or direction of authorities serving in law enforcement, public safety, or national security; or

(b) Addressing copyright infringement or other unlawful activity.

(4) As used in this section:

(a) (I) "Broadband internet access service" means a mass-market retail service that provides the capability to transmit and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the service, but excluding dial-up internet access service.

(II) "Broadband internet access service" includes services provided over any technology platform, including wire, terrestrial wireless, and satellite.

(b) "Internet service provider" means a provider of broadband internet access service in Colorado.

(c) "Paid prioritization" means the management of an internet service 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, either:

(I) In exchange for consideration, monetary or otherwise, from a third party;

(II) To benefit an affiliated entity; or

(III) To disadvantage a competing entity or its affiliates.

(d) "Reasonable network management" means a network management practice that is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband internet access service.

(e) "Throttling" means the intentional slowing of broadband internet access service.

Source: L. 2019: Entire section added, (SB 19-078), ch. 210, p. 2213, § 1, effective May 17. L. 2021: IP(1), (2)(a), and (2)(c) amended, (HB 21-1109), ch. 489, p. 3527, § 7, effective July 7. L. 2024: IP(1), (2)(a), and (2)(c) amended, (HB 24-1336), ch. 219, p. 1367, § 8, effective September 1.

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