An Act Regarding Net Neutrality and Internet Policy
Maine Legislature, Session 129, LD 1364
Committee Amendment CA_A-SA_C_S257 (Senate)

SENATE AMENDMENT .. c_ "to COMMITTEE AMENDMENT "A" to H.P. 986, 
L.D. 1364, Bill, "An Act Regarding Net Neutrality and Internet Policy" 
Amend the amendment in section 1 in §1541-B in subsection 1 by inserting after 
paragraph A the following: 
'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.' 
Amend the amendment in section 1 in §1541-B in subsection 1 in paragraph Din the 
first line (page 1, line 25 in amendment) by striking out the following: "Internet service" 
and inserting the following: 'broadband Internet access service' 
Amend the amendment in section 1 in §1541-B in subsection 1 in paragraph D in 
subparagraph (1) in the first line (page 1, line 27 in amendment) by inserting after the 
following: "devices" the following: ', subject to reasonable network management 
practices' 
Amend the amendment in section 1 in §1541-B in subsection 1 by striking out all of 
paragraph E and inserting the following: 
'E. "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.' 
Amend the amendment in section 1 in §1541-B in subsection 1 by inserting after 
paragraph E the following: 
'F. "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.' 
SENATE AMENDMENT 
-·"' 
(1{ 
SENATE AMENDMENT "L- "to COMMITTEE AMENDMENT "A" to H.P. 986, L.D. 1364 (:5- 2.~ 
Amend the amendment in section 1 in §1541-B in subsection 1 by striking out all of 
paragraph G and inserting the following: 
'G. "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.' 
Amend the amendment in section 1 in §1541-B in subsection 1 by relettering the 
paragraphs to read alphabetically. 
Amend the amendment in section 1 in §1541-B in subsection 2 in paragraph A in the 
2nd line (page 2, line 6 in amendment) by striking out the following: "Internet service" 
and inserting the following: 'broadband Internet access service' 
Amend the amendment in section 1 in §1541-B in subsection 2 by inserting after the 
2nd to last paragraph the following indented paragraphs to read: 
'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. 
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.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment def mes and uses the term "broadband Internet access service," 
which is the term the Federal Communications Commission uses in its net neutrality 
order, to refer to Internet services. The amendment modifies the definitions of the terms 
"paid prioritization" and "throttling" to be consistent with the Federal Communications 
Commission's net neutrality order. 
The amendment also clarifies that net neutrality 
continues 
to 
allow Internet service providers, 
consistent with the Federal 
Communications Commission's net neutrality order, to address copyright infringement or 
other illegal activity and to address the needs of public safety and law enforcement as 
permitted by law or the provider's ability to do so. This amendment incorporates the 
provisions of House Amendment "A" to Committee Amendment "A." 
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SPONSORED BY: rr/ t; I I\ 
tll..v1 I II"" "~ 
(Senator LAWRENCE) 
COUNTY: York 
SENATE AMENDMENT