HB 924 — An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in general provisions relating to Public Utility Code, further providing for definitions; and providing for Internet neutrality.

PRINTER'S NO.   972

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 924
                                               Session of
                                                 2025

     INTRODUCED BY SMITH-WADE-EL, FIEDLER, HILL-EVANS, KRAJEWSKI,
        D. WILLIAMS, HANBIDGE, PIELLI, SANCHEZ, RABB, WAXMAN, MAYES,
        BOYD, HOHENSTEIN AND McANDREW, MARCH 17, 2025

     REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
        MARCH 17, 2025


                                    AN ACT
 1   Amending Title 66 (Public Utilities) of the Pennsylvania
 2      Consolidated Statutes, in general provisions relating to
 3      Public Utility Code, further providing for definitions; and
 4      providing for Internet neutrality.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Paragraph (1) of the definition of "public
 8   utility" in section 102 of Title 66 of the Pennsylvania
 9   Consolidated Statutes is amended by adding a subparagraph to
10   read:
11   § 102.   Definitions.
12      Subject to additional definitions contained in subsequent
13   provisions of this part which are applicable to specific
14   provisions of this part, the following words and phrases when
15   used in this part shall have, unless the context clearly
16   indicates otherwise, the meanings given to them in this section:
17      * * *
18      "Public utility."
 1             (1)   Any person or corporations now or hereafter owning
 2      or operating in this Commonwealth equipment or facilities
 3      for:
 4                   * * *
 5                   (ix)    Providing persons with the ability to connect
 6             to the Internet through equipment that is located in this
 7             Commonwealth.
 8             * * *
 9      Section 2.      Title 66 is amended by adding a chapter to read:
10                                    CHAPTER 30A
11                                INTERNET NEUTRALITY
12   Sec.
13   30A01.    Definitions.
14   30A02.    Internet service providers.
15   30A03.    Rules and regulations.
16   30A04.    Violation of chapter.
17   30A05.    Applicability.
18   § 30A01.    Definitions.
19      The following words and phrases when used in this chapter
20   shall have the meanings given to them in this section unless the
21   context clearly indicates otherwise:
22      "Broadband Internet access service."        A mass-market retail
23   service by wire or radio that provides the capability to
24   transmit data to and receive data from all or substantially all
25   Internet endpoints, including any capabilities that are
26   incidental to and enable the operation of the communications
27   service. The term does not include dial-up Internet access
28   service.
29      "Edge provider."        A person that provides any content,
30   application or service over the Internet and any device used for

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 1   accessing any content, application or service over the Internet.
 2      "Internet service provider."     A person that provides
 3   broadband Internet access service in this Commonwealth.
 4      "Paid prioritization."   The management of an Internet service
 5   provider's network to directly or indirectly favor some traffic
 6   over other traffic, including the use of techniques such as
 7   traffic shaping, prioritization, resource reservation or other
 8   forms of preferential traffic management in exchange for
 9   consideration, monetary or otherwise, from a third party or to
10   benefit an affiliated person.
11   § 30A02.   Internet service providers.
12      An Internet service provider that provides broadband Internet
13   access service may not engage in any of the following:
14          (1)   Blocking lawful content, applications, services or
15      nonharmful devices, subject to reasonable network management
16      practices.
17          (2)   Impairing or degrading lawful Internet traffic on
18      the basis of Internet content, application or service, or use
19      of a nonharmful device, subject to reasonable network
20      management practices.
21          (3)   Engaging in paid prioritization or providing
22      preferential treatment of some Internet traffic to an
23      Internet customer.
24          (4)   Unreasonably interfering with or unreasonably
25      disadvantaging either a customer's ability to select, access
26      and use broadband Internet access service or lawful Internet
27      content, applications, services or devices of the customer's
28      choice, or an edge provider's ability to make lawful content,
29      applications, services or devices available to a customer.
30          (5)   Engaging in deceptive or misleading marketing

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 1      practices that misrepresent the treatment of Internet traffic
 2      or content to its customers.
 3            (6)   Advertising, offering for sale or selling broadband
 4      Internet access service without prominently disclosing with
 5      specificity all aspects of the service advertised, offered
 6      for sale or sold.
 7   § 30A03.    Rules and regulations.
 8      The Pennsylvania Public Utility Commission may promulgate
 9   rules and regulations necessary to administer and enforce this
10   chapter.
11   § 30A04.    Violation of chapter.
12      (a)     Unfair trade practice.--It shall be an unfair or
13   deceptive act or practice and a violation of the act of December
14   17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices
15   and Consumer Protection Law, to violate any provision of this
16   chapter.
17      (b)     Commonwealth agency contracts.--A Commonwealth agency
18   may not enter into a contract with an Internet service provider
19   found to be in violation of this chapter.
20      (c)     Definition.--As used in this section, the term
21   "Commonwealth agency" shall have the meaning given to it in 62
22   Pa.C.S. § 103 (relating to definitions).
23   § 30A05.    Applicability.
24      This chapter shall apply to contracts entered into on or
25   after the effective date of this section.
26      Section 3.     This act shall take effect in 60 days.




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