Communications: broadband internet service providers.
What changed between versions
A new Section 1 was added containing legislative findings and declarations about broadband internet access service, factors affecting speed performance, and the public interest in ensuring subscribers receive advertised speeds. This replaced a simple statement of legislative intent to bring transparency to internet speeds.
New definition of 'broadband internet access service' was added, cross-referencing Section 3100 of the Civil Code. A new definition of 'speed performance' was also added, defined as 'the speed delivered to the customer.'
The definition of 'broadband internet service provider' was changed from 'any business that provides' to 'any business entity that provides,' potentially narrowing or clarifying who is covered.
The reporting requirements in Section 21221 were expanded to include 'speed performance' as a separate required data element, and the term 'broadband pricing and speed data' was changed to 'broadband internet access service pricing and speed data' throughout.
A new requirement was added in Section 21223(b) that the department shall adopt a data reporting template for entities to report broadband pricing and speed data, and that this template must be in an open data format readily accessible to the public.
Public data availability in Section 21222(b) was rewritten to explicitly require compliance with the California Public Records Act (Government Code Division 10), rather than leaving the standard solely to departmental discretion. This gives the public a stronger legal basis for accessing the data.
The rulemaking authority in Section 21223 was changed from 'shall adopt rules and regulations' to 'may adopt rules and regulations,' making it discretionary rather than mandatory. This gives the department flexibility but removes the obligation to issue implementing regulations.
The fiscal committee determination changed from 'no' to 'yes' and the state-mandated local program determination changed from 'no' to 'yes,' indicating the amendment triggered new fiscal analysis requirements.