MN SF2880

State agencies and political subdivisions must include binding net neutrality agreements in contracts for broadband internet service requiring providers to certify they will not block content, impair traffic, engage in paid prioritization, or engage in deceptive marketing practices.

Internet service providers serving Minnesota customers are prohibited from blocking lawful content, impairing lawful traffic based on content or device type, engaging in paid prioritization, unreasonably interfering with customer choice, or using deceptive marketing practices regarding traffic treatment.

Providers must file a certification with the commissioner of commerce under penalty of perjury that they will comply with the prohibited activities before offering service in Minnesota.

Violations of net neutrality requirements in state contracts can result in unilateral contract termination and require the provider to remunerate the state for all revenues earned during the violation period; violations under general law are enforceable by the commissioner of commerce and attorney general.

The bill exempts state agencies and political subdivisions purchasing broadband in geographic areas where only a single internet service provider is available, and preserves provider obligations under law regarding emergency communications, law enforcement, and national security.