[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5273 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5273

 To promote open broadband networks and innovation, foster electronic 
commerce, and safeguard consumer access to online content and services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2006

   Mr. Markey (for himself, Ms. Eshoo, Mr. Boucher, and Mr. Inslee) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To promote open broadband networks and innovation, foster electronic 
commerce, and safeguard consumer access to online content and services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Network Neutrality Act of 2006''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Our Nation's economy, education, and society are 
        increasingly dependent upon broadband telecommunications 
        networks.
            (2) These networks also hold the promise of advancing 
        economic growth, job creation, and technological innovation.
            (3) As America becomes ever more reliant upon such 
        broadband networks, unfettered access to broadband networks to 
        offer content and services and run software applications over 
        the Internet is vital.
            (4) The global leadership in high technology the United 
        States provides today stems directly from historic policies 
        that have ensured that telecommunications networks are open to 
        all lawful uses and to all users.
            (5) The Internet was enabled by those historic policies and 
        provides an open architecture medium for world-wide 
        communications, providing low barriers to entry for web-based 
        content, applications, and services.
            (6) Due to recent Federal Communications Commission 
        interpretations and court decisions, these features of the 
        Internet are no longer certain, and erosion of these historic 
        policies permits broadband network owners to claim they can 
        control who can and who cannot offer content and services over 
        the Internet utilizing their broadband networks.
            (7) The high technology economy would be severely harmed if 
        Internet content providers cannot reach consumers without 
        interference from broadband network operators.
            (8) The overwhelming majority of residential consumers take 
        broadband service from one of only two wireline providers, 
        namely, from the cable operator or the local telephone company.
            (9) Broadband network operators have an economic interest 
        to discriminate in favor of their own services and against 
        other online providers.
            (10) A network neutrality policy based upon the principle 
        of nondiscrimination is essential to ensure that broadband 
        telecommunications networks, including the Internet, remain 
        open to independent service and content providers.
            (11) A network neutrality policy is also essential to give 
        certainty to entrepreneurs, innovators, investors, and others 
        who rely upon the Internet for commercial reasons.
            (12) A network neutrality policy can also permit broadband 
        network operators to take action to protect network 
        reliability, prevent spam, and thwart illegal uses in the same 
        way that network operators have historically done so.
            (13) Because of the vital role that broadband networks and 
        the Internet play for America's economic growth and our First 
        Amendment rights to speak, the United States should adopt a 
        clear policy endorsing the open nature of Internet 
        communications and freely accessible broadband networks.

SEC. 3. POLICY.

    It is the policy of the United States--
            (1) to maintain the freedom to use broadband 
        telecommunications networks, including the Internet, without 
        interference from network operators, as has been the policy for 
        Internet commerce and the basis for user expectations since its 
        inception;
            (2) to ensure that the Internet, and its successors, remain 
        a vital force in the United States economy, thereby enabling 
        the country to preserve its global leadership in online 
        commerce and technological innovation;
            (3) to preserve and promote the open and interconnected 
        nature of broadband networks that enable consumers to reach, 
        and service providers to offer, lawful content, applications, 
        and services of their choosing, using their selection of 
        devices that do not harm the network;
            (4) to encourage escalating broadband transmission speeds 
        and capabilities that reflect the evolving nature of the 
        broadband networks, including the Internet, and improvements in 
        access technology, which enables consumers to use and enjoy, 
        and service providers to offer, a growing array of content, 
        applications, and services;
            (5) to provide for disclosure by broadband network 
        operators of prices, terms, and conditions, and other relevant 
        information, including information about the technical 
        capabilities of broadband access provided to users, to inform 
        their choices about services they rely on to communicate and to 
        detect problems; and
            (6) to ensure vigorous and prompt enforcement of this Act's 
        requirements to safeguard and promote competition, innovation, 
        market certainty, and consumer empowerment.

SEC. 4. NET NEUTRALITY SAFEGUARDS.

    (a) In General.--Each broadband network provider has the duty to--
            (1) enable users to utilize their broadband service to 
        access all lawful content, applications, and services available 
        over broadband networks, including the Internet;
            (2) not block, impair, degrade, discriminate against, or 
        interfere with the ability of any person to utilize their 
        broadband service to--
                    (A) access, use, send, receive, or offer lawful 
                content, applications, or services over broadband 
                networks, including the Internet; or
                    (B) attach any device to the provider's network and 
                utilize such device in connection with broadband 
                service, provided that any such device does not 
                physically damage, or materially degrade other 
                subscribers' use of, the network;
            (3) clearly and conspicuously disclose to users, in plain 
        language, accurate information about the speed, nature, and 
        limitations of their broadband service;
            (4) offer, upon reasonable request to any person, a 
        broadband service for use by such person to offer or access 
        unaffiliated content, applications, and services;
            (5) not discriminate in favor of itself in the allocation, 
        use, or quality of broadband services or interconnection with 
        other broadband networks;
            (6) offer a service such that content, applications, or 
        service providers can offer unaffiliated content, applications, 
        or services in a manner that is at least equal to the speed and 
        quality of service that the operator's content, applications, 
        or service is accessed and offered, and without interference or 
        surcharges on the basis of such content, applications, or 
        services;
            (7) if the broadband network provider prioritizes or offers 
        enhanced quality of service to data of a particular type, 
        prioritize or offer enhanced quality of service to all data of 
        that type (regardless of the origin of such data) without 
        imposing a surcharge or other consideration for such 
        prioritization or quality of service; and
            (8) not install network features, functions, or 
        capabilities that thwart or frustrate compliance with the 
        requirements or objectives of this section.
    (b) Exceptions.--Nothing in this section shall prohibit a broadband 
network provider from implementing reasonable and nondiscriminatory 
measures to--
            (1) manage the functioning of its network, on a systemwide 
        basis, provided that any such management function does not 
        result in discrimination between content, applications, or 
        services offered by the provider and unaffiliated providers;
            (2) offer varying levels of transmission speed or bandwith;
            (3) protect network security or the security of a user's 
        computer on the network;
            (4) offer consumer protection services (such as parental 
        controls), provided that a user may refuse or disable such 
        services;
            (5) carry or offer a cable service that requires management 
        of the network to provide enhanced quality of service, provided 
        that--
                    (A) a broadband service subscriber may refuse to 
                subscribe to, and avoid charges for, such cable service 
                while obtaining broadband services from such operator; 
                and
                    (B) such carrying or offering does not violate any 
                of the duties set forth in subsection (a); or
            (6) where otherwise required by law, prevent any violation 
        of Federal or State law.
    (c) Implementation.--Within 180 days after the date of enactment of 
this Act, the Commission shall adopt rules that--
            (1) permit any person to complain to the Commission of 
        anything done or omitted to be done in violation of any duty, 
        obligation, or requirement under this section;
            (2) provide that any complaint filed at the Commission that 
        alleges a violation of this section shall be deemed granted 
        unless acted upon by the Commission within 90 days after its 
        filing;
            (3) require the Commission, upon prima facie showing by a 
        complainant of a violation of this section, to issue within 48 
        hours of the filing of any such complaint, a cease-and-desist 
        or other appropriate order against the violator until the 
        complaint is fully resolved, and, if in the public interest, 
        such order may affect classes of persons similarly situated to 
        the complainant or the violator, and any such order shall be in 
        effect until the Commission resolves the complaint with an 
        order dismissing the complaint or imposing appropriate remedies 
        to resolve such complaint; and
            (4) enable the Commission to use mediation or arbitration 
        or other means to resolve the dispute.
    (d) Enforcement.--This section shall be enforced under titles IV 
and V of the Communications Act of 1934 (47 U.S.C. 401, 501 et seq.). A 
violation of any provision of this section shall be treated as a 
violation of the Communications Act of 1934, except that the warning 
requirements of section 503(b) shall not apply. In addition to imposing 
fines under its title V authority, the Commission also is authorized to 
issue any order, including an order directing a broadband network 
operator to pay damages to a complaining party.
    (e) Definitions.--For purposes of this section:
            (1) Broadband network provider.--The term ``broadband 
        network provider'' means a person or entity that owns, 
        controls, or resells, facilities used in the transmission of a 
        broadband service and includes any affiliate, joint venture 
        partner, or agent of such provider.
            (2) Broadband service.--The term ``broadband service'' 
        means a two-way transmission capability that--
                    (A) enables the user to access content, 
                applications, and services;
                    (B) is delivered with or without a fee to the 
                physical location of the user, regardless of the 
                facilities used;
                    (C) includes a transport speed of at least 200 
                kilobits per second on average in at least one 
                direction; and
                    (D) permits a user to transmit or receive 
                information of their own design or choosing.
            (3) Affiliate.--The term ``affiliate'' includes--
                    (A) a person that directly or indirectly owns, 
                controls, is owned or controlled by, or is under common 
                ownership or control with, another person; or
                    (B) a person that has a contract or other 
                arrangement with a content or service provider 
                concerning access to, or distribution of, such content 
                or services.
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