An Act To Protect Network Neutrality
Maine Legislature, Session 123, LD 1675
Committee: Utilities and Energy
Sponsors: STRIMLING, BLISS, MARTIN, MITCHELL, ADAMS, FAIRCLOTH, HINCK, PINGREE, RINES, SIMPSON
Amends: 35-A MRSA §7109

Legislative Document 
No. 1675 
S.P.580 
March 22, 2007 
An Act To Protect Network Neutrality 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator STRIMLING of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative BLISS of South Portland and Senators: MARTIN of 
Aroostook, MITCHELL of Kennebec, Representatives: ADAMS of Portland, FAIRCLOTH of 
Bangor, HINCK of Portland, PINGREE of North Haven, RINES of Wiscasset, SIMPSON of 
Auburn. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §7109 is enacted to read: 
§7109. Nondiscriminatory provision ofInternet services 
1. Internet service provider defined. As used in this section, "Internet service 
provider" or "provider" has the same meaning as in Title 5, section 200-B, subsection 1-
A, paragraph A. 
2. Nondiscriminatory access. An Internet service provider offering service in this 
State: 
A. Shall offer Internet services on demand, subject to the availability of facilities and 
capacity, and on a nondiscriminatory basis to similarly situated users; 
B. May not block, impair, degrade or interfere with in a discriminatory manner the 
ability of any person to use, connect to, send over, post on or receive or offer lawful 
content, applications or service over the Internet; 
C. Shall enable any content, application or service made available on the Internet to 
be offered, provided or posted on a basis that: 
(1) Is reasonable and nondiscriminatory, including quality of service, access, 
speed and bandwidth; 
(2) Is at least equivalent to the access, speed, quality of service and bandwidth 
that the Internet service provider offers to affiliated parties providing content, 
applications or services made available on the Internet by the Internet service 
provider; and 
(3) Does not impose a charge on the basis of the type of content, applications or 
services made available by the Internet service provider or posted by any user; 
D. 
May only prioritize content, applications or services made available by the 
provider and accessed by a user based on the type of content, applications or services 
and the level of service purchased by the user, but without charge for such 
prioritization; 
E. Shall provide service on a first-come, first-served basis; 
F. 
Shall make its Internet service available separately from any electronic 
communication or remote computation content provided by the Internet service 
provider; 
G. Except as required by law, may not restrict or impede access between a content 
service provider and a customer or exercise control over the content of lawful 
communication or remote computation service tendered to the Internet service 
provider for distribution by a content provider; 
H. May not prevent or obstruct a user from attaching to or using any device on the 
user's computer if the device does not physically damage or substantially degrade the 
use of the Internet service provider'S services by other users; and 
• 
• 
I. Shall provide and make available to each user information about the user's access 
to the Internet and the speed, nature and limitations of the user's Internet service. 
3. Preserved rights and exceptions. An Internet service provider may, in a manner 
that does not violate subsection 2: 
A. Protect the security of a user's computer or provide services in a manner that does 
not distinguish the source of ownership of content, application or service; 
B. Offer directly to each user Internet service that does not distinguish the source or 
ownership of content, application or service at different prices based on different 
levels of bandwidth or the actual quantity of data flow over the user's connection; 
C. Offer consumer protection services, including parental controls for indecent or 
unwanted content or software for the prevention of unsolicited commercial electronic 
messages or other similar capabilities, if each user is provided clear and accurate 
advance notice of the user's ability to refuse or disable consumer protection services; 
or 
D. Handle breaches of the terms of service offered by the Internet service provider. 
SUMMARY 
This bill requires Internet service providers to offer nondiscriminatory access to the 
Internet for all users by offering the service on demand on a first-come, first-served basis, 
not blocking or interfering with content and making its service available separate from 
content the provider may offer. This bill also allows an Internet service provider to 
protect the security of a user's computer, offer consumer protection services and handle 
breaches of terms of service.