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.