Back to pending legislation in Council period 14
Chairman Linda W. Cropp
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Chairman Cropp introduced the following bill, which was referred to the Committee on Consumer and Regulatory Affairs.
To study whether the District of Columbia should require wireline broadband Internet access transport providers to make nondiscriminatory access available to their broadband Internet transport services.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Internet Open Access Study Act of 2001 ".
Sec. 2. Definitions.
For the purposes of this act, the term:
(1) "Affiliate" means a person who directly or indirectly owns or controls a broadband Internet access transport provider, is owned or controlled by a broadband Internet access transport provider, or is owned or controlled by a person owning or controlling a broadband Internet access transport provider. For the purposes of this definition, ownership means an equity or other financial interest of 5 percent or more.
(2) "Broadband" means transmission capability in excess of 144 kilobits per second.
(3) "Broadband Internet access transport provider" means a person who provides broadband Internet access transport service by aid of wire, cable, or other similar connection, over facilities owned by it or under its control for a fee directly or indirectly to the public.
(4) "Broadband Internet access transport service" means the broadband transmission of data between a user and the point of interconnection of the user's Internet service provider with the broadband Internet transport provider's facilities.
(5) "Internet" means the computer and telecommunications facilities, equipment, and software which employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols, to transmit data of all kinds by wire or radio over the worldwide interconnected network commonly referred to as the Internet or World Wide Web.
(6) "Internet service provider" means a person or business which provides a service that enables a user to access content, information, electronic mail, or other services offered over the Internet.
Sec. 3. Open access study.
(a) The Council finds that there are technological and legal issues which are not resolved concerning local government authority to require open access and whether an open access requirement is advisable.
(b) The Office of Cable Television and Telecommunications shall prepare a report examining the issue of whether the District of Columbia has the authority to impose, and as a policy matter should impose, an open access requirement on broadband Internet access transport providers. The study shall examine to what extent it is legally, technologically, and economically feasible to require broadband Internet access transport providers to provide requesting Internet service providers access to the broadband Internet access transport provider's broadband Internet access transport services.
(c) The Office of Cable Television and Telecommunications shall transmit the report to the Council and the Mayor within 180 days of the effective date of this act.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(1)), and publication in the District of Columbia Register.
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