AB 2239: Digital discrimination of access: prohibition.

Session Year: 2023-2024
House: Assembly

Current Status:

In Progress

(2024-07-03: From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 2).)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

Existing law prohibits fixed and mobile internet service providers, as defined, that provide broadband internet access service, as defined, from engaging in specified actions concerning the treatment of internet traffic.

This bill would define digital discrimination of access as policies or practices, practices not justified by a legitimate business impediment, including genuine issues of technical or economic feasibility, that differentially impact consumers access to broadband internet access service based on their race, ethnicity, color, religion, or national origin, or that are intended to have a differential impact. The bill would prohibit entities that provide, facilitate, and affect consumer access to broadband internet access service, including internet service providers, as defined, from engaging in digital discrimination of access. access, as specified. The bill would authorize certain public attorneys only the Attorney General to bring a civil action against an internet service provider those entities for violating that prohibition, as provided.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, as specified. This bill would require the commission to ensure that rules for California Advanced Services Fund grant programs prohibit digital discrimination of access, and would require the commission to take specified actions to ensure all grant applicants and grant recipients comply with the prohibition.Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.Because certain of the above provisions would be part of the act and a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

Discussed in Hearing