Bill > S113

Introduced Session

The bill entitled the "New Jersey Net Neutrality Act," establishes a system to ensure that all New Jersey customers of Internet Service Providers (ISPs) are able to receive proper Internet service. The bill addresses concerns over the Federal Communications Commission's (FCC) proposed plan to repeal regulations that ensure equal access to the Internet and prevent ISPs from charging customers higher fees or stopping or slowing down Internet service. Under the bill, ISPs are to provide customers access to any lawful Internet content of their choice, the ability to attach any lawful, non-harmful device to their end connection, the ability to run any lawful application or use any lawful service of their choice, and access to an open, neutral and non-prioritized Internet. The bill provides that ISPs provide customers prior written notification of any change in their policies that will result in the prioritization of Internet traffic, except in circumstances involving reasonable Internet network management. ISPs are required to disclose to their customers prioritization policies generally, and any agreement the ISP has entered into with a content provider for the prioritization of the content provider's Internet traffic. ISPs are also required to permit customers to receive itemized bills, and if an ISP charges for accessing particular websites, the bill shall list the time and date the customer accessed those websites. The bill directs the Division of Consumer Affairs (the division) to establish the "New Jersey Internet Service Provider Registry," and promulgate regulations requiring all ISPs to affirmatively disclose to the division any prioritization policies, agreements with content providers for prioritization, and the material terms for their agreements with their customers, including all fees to be charged and any promises or assertions regarding connectivity speed. The division is also directed to test each ISP's connectivity speed. This information is to be posted online, in an understandable format, so that customers may compare the costs, prioritization policies, promised or asserted connectivity speeds, and actual connectivity speeds of ISPs within the State. A violation of this bill is an unlawful practice under the consumer fraud act, which is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for a subsequent offense.

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Nilsa Cruz-Perez (D)*, 

Introduced in the Senate, Referred to Senate Economic Growth Committee (on 01/09/2024)

Official Document