116 HR 1644 RH: Save the Internet Act of 2019 U.S. House of Representatives 2019-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 15 116th CONGRESS1st Session H. R. 1644 [Report No. 116–34] IN THE HOUSE OF REPRESENTATIVES March 8, 2019 Mr. Michael F. Doyle of Pennsylvania (for himself, Ms. Pelosi, Mr. Pallone, Mr. Welch, Mr. Tonko, Mr. McNerney, Mr. Doggett, Ms. Eshoo, Mr. Pappas, Mr. Veasey, Mr. Huffman, Mr. Beyer, Mr. Phillips, Mr. Sarbanes, Mrs. Davis of California, Ms. McCollum, Ms. Wild, Ms. Gabbard, Ms. Porter, Mr. Neal, Ms. Velázquez, Ms. Kaptur, Mr. Cisneros, Ms. Moore, Mr. Khanna, Mr. Neguse, Mr. Espaillat, Ms. Pingree, Mr. Garamendi, Mr. Cooper, Mr. Higgins of New York, Mrs. Dingell, Mrs. Trahan, Mr. Kennedy, Mr. Serrano, Mr. Engel, Ms. DelBene, Ms. Waters, Ms. Omar, Ms. DeGette, Ms. Schakowsky, Mr. Rose of New York, Mr. Vela, Mrs. Axne, Mr. Courtney, Mr. Thompson of California, Mr. Kim, Mr. Sires, Mr. Pocan, Ms. Barragán, Ms. Jackson Lee, Mr. Cohen, Mr. Nadler, Mr. Malinowski, Ms. Haaland, Ms. Bonamici, Mr. Soto, Mrs. Carolyn B. Maloney of New York, Mr. Lowenthal, Ms. Castor of Florida, Mr. Ryan, Mr. Pascrell, Ms. Clarke of New York, Mr. Price of North Carolina, Ms. Wilson of Florida, Ms. Lee of California, Mr. Langevin, Mr. Blumenauer, Ms. Matsui, Mr. Golden, Mr. Bishop of Georgia, Ms. Jayapal, Mr. Grijalva, Mr. Schiff, Mr. Krishnamoorthi, Mr. Case, Mr. Sean Patrick Maloney of New York, Mrs. Lowey, Ms. Lofgren, Mrs. Watson Coleman, Mrs. Lawrence, Mr. McEachin, Ms. Underwood, Ms. Blunt Rochester, Mr. Swalwell of California, Mr. Larson of Connecticut, Ms. Hill of California, Mr. Kildee, Mr. Crist, Mr. DeFazio, Mr. Sablan, Mr. McGovern, Ms. Shalala, Mr. Delgado, Mr. Deutch, Mr. Levin of Michigan, Mr. Vargas, Mr. Luján, Mr. Cicilline, Mr. Harder of California, Mr. Evans, Mr. Levin of California, Ms. Clark of Massachusetts, Mr. Rouda, Mr. Lamb, Ms. Roybal-Allard, Mr. Cox of California, Ms. Dean, Mr. Raskin, Ms. Meng, Mr. Sherman, Ms. Norton, Mr. Loebsack, Ms. Scanlon, Mr. Ruiz, Mr. Smith of Washington, Mr. Keating, Ms. Kelly of Illinois, Mr. Rush, Ms. Speier, Mr. Morelle, Mr. Jeffries, Ms. DeLauro, Mr. Scott of Virginia, Mr. Clyburn, Mr. Trone, Mr. Yarmuth, Mr. Connolly, Ms. Kuster of New Hampshire, Mr. Gonzalez of Texas, Mr. Lewis, Mr. Takano, and Mr. Hoyer) introduced the following bill; which was referred to the Committee on Energy and Commerce April 5, 2019 Additional sponsors: Mr. Lynch, Mr. Visclosky, Mr. Castro of Texas, Mr. Suozzi, Mr. Danny K. Davis of Illinois, Ms. Sánchez, Miss Rice of New York, Mr. Schneider, Mr. García of Illinois, Mr. Cummings, Ms. Ocasio-Cortez, Ms. Judy Chu of California, Mrs. Napolitano, Ms. Mucarsel-Powell, Mr. Clay, Mr. Larsen of Washington, Ms. Sewell of Alabama, Mr. Meeks, Mr. Kind, Mr. Crow, Mrs. Craig, Ms. Pressley, Mr. Moulton, Mr. Panetta, Ms. Escobar, Mr. Himes, Mr. Carson of Indiana, Mr. Gallego, Mr. Lawson of Florida, Ms. Spanberger, Mr. Cunningham, Mr. Stanton, Ms. Wexton, Mr. DeSaulnier, Mr. Cárdenas, Mrs. Hayes, Mr. Carbajal, Mrs. Luria, Mr. Cartwright, Ms. Wasserman Schultz, Mr. Perlmutter, Mr. Ted Lieu of California, Ms. Titus, Ms. Frankel, Ms. Schrier, Mr. Thompson of Mississippi, Mr. Lipinski, Mrs. McBath, Ms. Slotkin, Ms. Tlaib, Ms. Brownley of California, Mr. Bera, Mr. Aguilar, Mr. Gomez, Mrs. Torres of California, Ms. Bass, Mr. Johnson of Georgia, Mr. Richmond, Mr. Cleaver, Ms. Fudge, Ms. Garcia of Texas, Mr. Allred, Mr. Heck, Mr. Kilmer, and Mr. Quigley April 5, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 8, 2019 A BILL To restore the open internet order of the Federal Communications Commission.

1.

Short title

This Act may be cited as the Save the Internet Act of 2019.

2.

Restoration of open internet order

(a)

Repeal of rule

(1)

In general

The Declaratory Ruling, Report and Order, and Order in the matter of restoring internet freedom that was adopted by the Commission on December 14, 2017 (FCC 17–166), shall have no force or effect. (2)

Prohibition on reissued rule or new rule

The Declaratory Ruling, Report and Order, and Order described in paragraph (1) may not be reissued in substantially the same form, and a new rule that is substantially the same as such Declaratory Ruling, Report and Order, and Order may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date of the enactment of this Act. (b)

Restoration of repealed and amended rules

The following are restored as in effect on January 19, 2017: (1)The Report and Order on Remand, Declaratory Ruling, and Order in the matter of protecting and promoting the open internet that was adopted by the Commission on February 26, 2015 (FCC 15–24). (2)Part 8 of title 47, Code of Federal Regulations. (3)Any other rule of the Commission that was amended or repealed by the Declaratory Ruling, Report and Order, and Order described in subsection (a)(1). (c)

Definitions

In this section: (1)

Commission

The term Commission means the Federal Communications Commission. (2)

Restored as in effect on January 19, 2017

The term restored as in effect on January 19, 2017 means, with respect to the Declaratory Ruling and Order described in subsection (b)(1), to permanently reinstate the rules and legal interpretations set forth in such Declaratory Ruling and Order (as in effect on January 19, 2017), including any decision (as in effect on such date) to apply or forbear from applying a provision of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation of the Commission. (3)

Rule

The term rule has the meaning given such term in section 804 of title 5, United States Code.

3.

Exception to enhancement to transparency requirements relating to performance characteristics and network practices for small businesses

(a)

In general

The enhancements to the transparency rule relating to performance characteristics and network practices of the Commission under section 8.3 of title 47, Code of Federal Regulations, as described in paragraphs 165 through 184 of the Report and Order on Remand, Declaratory Ruling, and Order in the matter of protecting and promoting the open internet that was adopted by the Commission February 26, 2015 (FCC 15–24), shall not apply to any small business. (b)

Sunset

Subsection (a) shall not have any force or effect after the date that is 1 year after the date of the enactment of this Act. (c)

Report by FCC

Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains the recommendations of the Commission (and data supporting such recommendations) regarding— (1)whether the exception provided by subsection (a) should be made permanent; and (2)whether the definition of the term small business for purposes of such exception should be modified from the definition in subsection (d)(3). (d)

Definitions

In this section: (1)

Broadband internet access service

The term broadband Internet access service has the meaning given such term in section 8.2 of title 47, Code of Federal Regulations. (2)

Commission

The term Commission means the Federal Communications Commission. (3)

Small business

The term small business means any provider of broadband Internet access service that has not more than 100,000 subscribers aggregated over all the provider’s affiliates.

April 5, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed