Open Internet Customer Protections In Colorado

Internet service providers - state-funded broadband deployment - state procurement preferences - open internet requirements to receive state funds or contracts - complaints to federal trade commission. Section 1 of the act disqualifies an internet service provider (ISP) from receiving money through a grant from the broadband deployment board (board) or through any state fund established to help finance broadband deployment if the ISP engages in any of the following practices:

• Blocking lawful internet content, applications, services, or devices unless such blocking is conducted in a manner consistent with reasonable network management practices;
• Engaging in paid prioritization of internet content;
• Regulating network traffic by throttling bandwidth or otherwise impairing or degrading lawful internet traffic on the basis of internet content, application, service, or use of a nonharmful device unless the impairment or degradation is conducted in a manner consistent with reasonable network management practices; or
• Not providing reasonable transparency regarding its network management practices.

Section 1 also requires that, if an ISP is found to have engaged in any of the practices listed above, the ISP must refund any money that it received in the prior 24 months through a grant from the board or from any other state funding source established to help finance broadband deployment.

Section 2 requires the broadband deployment board to periodically review the federal trade commission's and federal communications commission's websites to identify any actions the federal agencies have taken against an ISP that seeks or has received broadband deployment grant money from the board. If the board determines from a review of the federal agency action that the ISP engaged in one of the practices listed above, the board shall deny the application or inform the public utilities commission of the action.

Section 3 requires the attorney general or the attorney general's designee, in collaboration with the board, to develop guidance for consumers on how to file a complaint with the federal trade commission to allege that an ISP has engaged in any of the practices that violate federal law regarding interference with the open internet. The department of law shall post the guidance on its website.

Section 4 requires a governmental body, when contracting for broadband internet access service, to give preference to an ISP that certifies to the governmental body that it will not engage in any of the practices listed in section 1.

(Note: This summary applies to this bill as enacted.)