An Act to Establish Net
Maine Legislature, Session 132, LD 0536
Committee Amendment CA_A_H439 (House)

'FIRST SPECIAL SESSION 
COMMITTEE AMENDMENT 'A "to H.P. 355, L.D. 536, ,;An Act to Establish Net 
Neutrality" 
• 
. 
. 
. 
• .· . 
. . 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
• 
'Sec. 1. 10 MRSA c. 239 is enacted to read: 
CHAPTER 239 
NET NEUTRAL BROADBAND INTERNET ACCESS SERVICE 
§1500-Z. Net neutra_l service required 
. 
. 
1. Definitions. As used in this section, unless the context otherwise· indicates. the 
following terms have the following meanings. 
A. "Broadband Internet access service" has the same meaning as in Title 5. section 
1541-B, subsection 1. paragraph B. 
B. "Internet service provider" has the same meaning as in Title 5. section 200-B~ 
subsection 1-A. paragraph A. 
• 
C. "Net neutral service" has the same meaning as in Title 5. section 1541-B. subsection 
1, paragraph E. 
D. "Paid prioritization" has the same meaning as in Title 5. section 1541-B. subsection 
1. paragraph F. 
E. "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" includes a practice necessa1y to ensure 
sufficient capacity for customers of the Internet service provider if the practice is 
COMMITTEE AMENDMENT 
.7 
COMMITTEE AMENDMENT" A" to H.P. 355, L.D. 536 
. 
•. 
implemented on a nondiscriminatory basis. 
"Reasonable network manageme·n! . 
practice" does not include other business ·practices. 
. 
. 
F. "Throttling" has the same meaning as in-Title 5, section 1541-B, subsection 1; 
paragtaph I. 
• 
• 
• • • 
• 
. 
, 
, 
, 
. : .. : l: 
2. Net neutral service reg uired. An Intemet service provider .shall provide net neutral 
service in the provision of broadband Internet access service to customers in the State·. 
3. Unfair trade practice violation. A violation of this section constitutes a violation 
of the Maine Unfair Trade Practices Act. except that a person may not bring a private action 
under Title 5, section 213 based on a violation of this section. 
4. Construction. This section does not: 
A. Prohibit reasonable efforts by an Internet service provider providing brc)a:dban'd 
Internet access service to address copyright infringement or other unl~wful activity:···· 
B. Supersede any obligations, authorizations or i·estrictions on an· ·Internet seiv.i~e 
provider providing broadband Intei·net access service • to address the needs 
@:f 
emergency communications or law enforcement, public safety or national security 
• authorities under the laws of the State and the United States of America arid the United 
States Constitution and the Constitution of Maine: or 
· C. Prohibit an Internet service provider from offering brnadband Internet access service 
plans that differ in speed or data limits, or offering plans-with income-based eligibility, 
promotional offers or legacy pricing, as long as all · lawful Internet traffic is treated 
equally within-each plan and such plans are offered on a nondiscriminatory basis:' • 
. 
.' 
Amend the bill by relettering or renumbering ~ny non~~nsecutive Patt lette1: or sect:ion 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft. The amendh1ent requires 
an Internet service provider to provide nef neutral service in the provision of broadband 
Internet access service to customers in the State. It specifies that the legislation does not 
prohibit reasonable effo1ts by an Internet service provider providing broadband Internet 
access service to address copyright infringement or other unlawful activity or supersede 
any obligations, authorizations or restrictions on an Internet service provider to address the 
needs of emergency communications or law enforcement, public safety or national security 
authorities. It also specifies that an Internet service provider may offer broadband Internet 
access service plans that differ in spe·ed or data limits, or ·offer plans with income-based 
eligibility, promotional offers or legacy pricing, as long as all lawful Internet traffic is 
treated equally within each plan and such plans are offered on a nondiscriminato1y basis. 
A violation of the requirements of this legislation is a violation of the Maine Unfair Trade 
Practices Act, except the amendment states that private remedies under the Maine Unfair 
Trade Practices Act are not available. 
COMMITTEE AMENDMENT