Maine § 1541-B. - Net neutrality
Full text of Maine Maine Revised Statutes § 1541-B. — Net neutrality, with citation guidance and answers to common questions.
§ 1541-B.. Net neutrality
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Advanced communications technology infrastructure" has the same meaning as in Title 35‑A, section 9202, subsection 1. [PL 2019, c. 468, §1 (NEW).]
B. "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 any capabilities that are incidental to and enable the operation of the service, but excluding dial-up Internet access service. [PL 2019, c. 468, §1 (NEW).]
C. "Commit state funds" means to enter into a contract, make a grant or otherwise commit any state funds, including but not limited to any act that would incur a financial obligation against the State Government subject to review under section 1541, subsection 2. [PL 2019, c. 468, §1 (NEW).]
D. "Internet service provider" has the same meaning as in section 200‑B, subsection 1‑A, paragraph A. [PL 2019, c. 468, §1 (NEW).]
E. "Net neutral service" means fixed or mobile broadband Internet access service that is provided without engaging in any of the following:
(2) Throttling; or
(3) Paid prioritization. [PL 2019, c. 468, §1 (NEW).]
F. "Paid prioritization" means management of the network of an Internet service provider that provides broadband Internet access service to directly or indirectly favor some traffic over other traffic, either in exchange for monetary or other consideration from a 3rd party or to benefit an affiliated entity. [PL 2019, c. 468, §1 (NEW).]
G. "Reasonable network management practice" means a practice that has a primarily technical network management justification and 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. "Reasonable network management practice" does not include other business practices. [PL 2019, c. 468, §1 (NEW).]
H. "State entity" means a department, agency or instrumentality of the State. [PL 2019, c. 468, §1 (NEW).]
I. "Throttling" means impairing or degrading lawful Internet traffic on the basis of Internet content, application or service or use of a nonharmful device, subject to reasonable network management practices. [PL 2019, c. 468, §1 (NEW).]
2. Provider agreement. A state entity may not commit state funds to an Internet service provider unless:
A. The Internet service provider agrees in writing to provide net neutral service in the provision of broadband Internet access service:
(2) Across advanced communications technology infrastructure constructed with the use of the state funds; [PL 2019, c. 468, §1 (NEW).]
B. The state entity provides to the State Controller:
(2) A written agreement from the Internet service provider that conforms to the requirements of paragraph A; and [PL 2019, c. 468, §1 (NEW).]
C. The State Controller finds that the requirements of paragraphs A and B have been satisfied and authorizes the state agency or instrumentality to commit state funds. [PL 2019, c. 468, §1 (NEW).]
Nothing in this section limits the authority of the State Controller under any other provision of law to limit or prohibit a state entity from committing state funds. [PL 2019, c. 468, §1 (NEW).]
Nothing in this section prohibits reasonable efforts by an Internet service provider providing broadband Internet access service to address copyright infringement or other unlawful activity. [PL 2019, c. 468, §1 (NEW).]
Nothing in this section supersedes any obligations, authorizations or restrictions on an Internet service provider providing broadband Internet access service to address the needs of emergency communications or law enforcement, public safety or national security authorities under the laws of the State and the United States of America and the United States Constitution and the Constitution of Maine. [PL 2019, c. 468, §1 (NEW).]
Upon receipt of information or complaint from any person that an Internet service provider may be failing to meet the requirements of an agreement made under this section, the Attorney General may undertake an investigation and take any action the Attorney General determines appropriate, including, but not limited to, action pursuant to section 192. [PL 2019, c. 468, §1 (NEW).]
Frequently Asked Questions About Maine § 1541-B.
What does Maine Revised Statutes § 1541-B. cover?
Section 1541-B. ("Net neutrality") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 1541-B.?
A common citation format is "Maine Revised Statutes § 1541-B." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 1541-B. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.