Amend CSHB 789 by adding the following appropriately numbered
SECTIONS to the bill and renumbering subsequent SECTIONS as
appropriate:
SECTION ____. Chapter 64, Utilities Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. PROTECTIONS RELATED TO BROADBAND
NETWORKS AND ADVANCED SERVICES
Sec. 64.201. POLICY. It is the policy of this state to
foster free market intermodal communications competition,
including providing incentives to invest in advanced
communications infrastructure, while still maintaining the "end to
end" concept that facilitated the creation and growth of the
Internet and still preserving customer choice in the
Internet-enabled applications customers employ in association with
broadband service.
Sec. 64.202. PROHIBITION ON PREVENTION OR INHIBITION. A
network provider that deploys broadband networks and provides
advanced services may not prevent or inhibit the use of any
application or product by customers in association with the use of
an advanced service by blocking transmission and delivery of
traffic to and from a particular port, Internet address, or
Internet site, by limiting the speed available for use by any
particular application, or by instituting technical limitations on
the use of any Internet-enabled application. However, a network
provider may take reasonable and necessary actions to protect the
network from harm and to prevent degradation of service to its
general body of customers. This section does not prohibit a network
provider from offering or supporting a service or application,
including adware, spyware, malware, antivirus, antispam, content
filtering, or parental controls or protections, if the customer has
a choice between the network provider's service or application and
those of an unaffiliated vendor.
Sec. 64.203. PROHIBITION ON BLOCKING AND REDIRECTING. A
network provider that deploys broadband networks and provides
advanced services or an Internet service may not knowingly or
intentionally block or redirect a customer's attempt to access an
Internet application or advanced service without notice to the
customer unless the:
(1) blocking or redirecting is necessary to comply
with the Digital Millennium Copyright Act (Pub. L. No. 105-304),
any other federal or state law, a court order, a request from a law
enforcement official, or a lawful process or is necessary for
reasons of national security;
(2) owner or others in control of the application or
advanced service request the blocking or redirecting of traffic;
(3) blocking or redirecting is necessary for the
protection of the advanced services provider's or Internet service
provider's customers, network, facilities, or business reputation
or is the consequence of the advanced services provider's or
Internet service provider's activities with respect to
maintenance, monitoring, repair, network, reconfiguration,
software or hardware changes, or network outages;
(4) blocking or redirecting occurs as a result of
software changes, incompatibility of software used by the customer,
or any other reason attributable to a third party or not within the
reasonable control of the advanced services provider or Internet
service provider;
(5) blocking or redirecting is done to provide notice
to the customer of:
(A) network conditions;
(B) conditions pertaining to the customer's
system or software; or
(C) changes to prices, features, functions,
operations, or terms of service; or
(6) action taken is incident to the enforcement of, or
allowed by, the posted terms of service, privacy policy or
acceptable use policies, or conditions that apply to use of the
service.
Sec. 64.204. JURISDICTION. The commission has jurisdiction
to enforce this subchapter.
SECTION ____. The Public Utility Commission of Texas shall
conduct a study to determine whether Title 2, Utilities Code,
adequately preserves customer choice in the Internet-enabled
applications employed in association with broadband service and
report its conclusions and recommendations to the legislature not
later than January 1, 2007. The study must include consultation
with and comment from all interested parties.