[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3458 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3458

    To amend the Communications Act of 1934 to establish a national 
   broadband policy, safeguard consumer rights, spur investment and 
                 innovation, and for related purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2009

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

_______________________________________________________________________

                                 A BILL


 
    To amend the Communications Act of 1934 to establish a national 
   broadband policy, safeguard consumer rights, spur investment and 
                 innovation, and for related purposes.

    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 ``Internet Freedom Preservation Act of 
2009''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Our Nation's economy and society are increasingly 
        dependent on Internet services.
            (2) The Internet is an essential infrastructure that is 
        comparable to roads and electricity in its support for a 
        diverse array of economic, social, and political activity.
            (3) Internet technologies and services hold the promise of 
        advancing economic growth, fostering investment, creating jobs, 
        and spurring technological innovation.
            (4) As the Nation becomes more reliant upon such Internet 
        technologies and services, unfettered access to the Internet to 
        offer, access, and utilize content, services, and applications 
        is vital.
            (5) The global leadership in high technology that the 
        United States provides today stems directly from historic 
        policies that embraced competition and openness and that have 
        ensured that telecommunications networks are open to all lawful 
        uses by all users.
            (6) The Internet was enabled by those historic policies and 
        provides an open architecture medium for worldwide 
        communications, providing a low barrier to entry for Internet-
        based content, applications, and services.
            (7) Due to legal and marketplace changes, these features of 
        the Internet are no longer certain, and erosion of these 
        historic policies permits telecommunications network operators 
        to control who can and who cannot offer content, services, and 
        applications over the Internet utilizing such networks.
            (8) The national economy would be severely harmed if the 
        ability of Internet content, service, and application providers 
        to reach consumers was frustrated by interference from 
        broadband telecommunications network operators.
            (9) The overwhelming majority of residential consumers 
        subscribe to Internet access service from 1 of only 2 wireline 
        providers: the cable operator or the telephone company.
            (10) Internet access service providers have an economic 
        interest to discriminate in favor of their own services, 
        content, and applications and against other providers.
            (11) A network neutrality policy based upon the principle 
        of nondiscrimination and consistent with the history of the 
        Internet's development is essential to ensure that Internet 
        services remain open to all consumers, entrepreneurs, 
        innovators, and providers of lawful content, services, and 
        applications.
            (12) A network neutrality policy is also essential to give 
        certainty to small businesses, leading global companies, 
        investors, and others who rely upon the Internet for commercial 
        reasons.
            (13) A network neutrality policy can also permit Internet 
        service providers to take action to protect network 
        reliability, prevent unwanted electronic mail, and thwart 
        illegal uses in the same way that telecommunications network 
        operators have historically done consistent with the 
        overarching principle of non-discrimination.
            (14) Because of the essential role of Internet services to 
        the economic growth of the United States, to meet other 
        national priorities, and to our right to free speech under the 
        First Amendment of the Constitution of the United States, the 
        United States should adopt a clear policy preserving the open 
        nature of Internet communications and networks.

SEC. 3. INTERNET FREEDOM.

    Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) 
is amended by adding at the end the following:

``SEC. 12. INTERNET FREEDOM.

    ``(a) Internet Freedom Policy.--It is the policy of the United 
States--
            ``(1) to protect the right of consumers to access lawful 
        content, run lawful applications, and use lawful services of 
        their choice on the Internet;
            ``(2) to preserve and promote the open and interconnected 
        nature of broadband networks and to enable consumers to connect 
        to such networks their choice of lawful devices, as long as 
        such devices do not harm the network;
            ``(3) to promote consumer choice and competition among 
        providers of lawful content, applications, and services;
            ``(4) to ensure that consumers receive meaningful 
        information regarding their communications services;
            ``(5) to ensure the ability to use or offer lawful 
        broadband content, applications, and services for lawful 
        purposes, as has been the policy and history of the Internet 
        and the basis of user expectations since its inception;
            ``(6) to guard against discriminatory favoritism for, or 
        degradation of, lawful content, applications, or services by 
        network operators based upon their source, ownership, or 
        destination on the Internet;
            ``(7) to preserve the freedom of independent Internet 
        content, application, and service providers to compete and 
        innovate;
            ``(8) to foster an evolving level of capacity available 
        throughout communications networks to support competition and 
        innovation for lawful Internet content, applications, and 
        services, including applications and services that require 
        substantial downstream and upstream bandwidth; and
            ``(9) to ensure that the Internet remains an indispensable 
        platform for innovation in the United States economy, thereby 
        enabling the Nation to provide global leadership in online 
        commerce and technological progress.
    ``(b) Duties of Internet Access Service Providers.--With respect to 
any Internet access service offered to the public, each Internet access 
service provider shall have the duty to--
            ``(1) not block, interfere with, discriminate against, 
        impair, or degrade the ability of any person to use an Internet 
        access service to access, use, send, post, receive, or offer 
        any lawful content, application, or service through the 
        Internet;
            ``(2) not impose a charge on any Internet content, service, 
        or application provider to enable any lawful Internet content, 
        application, or service to be offered, provided, or used 
        through the provider's service, beyond the end user charges 
        associated with providing the service to such provider;
            ``(3) not prevent or obstruct a user from attaching any 
        lawful device to or utilizing any such device in conjunction 
        with such service, provided such device does not harm the 
        provider's network;
            ``(4) offer Internet access service to any person upon 
        reasonable request therefor;
            ``(5) not provide or sell to any content, application, or 
        service provider, including any affiliate provider or joint 
        venture, any offering that prioritizes traffic over that of 
        other such providers on an Internet access service; and
            ``(6) not install or utilize network features, functions, 
        or capabilities that impede or hinder compliance with this 
        section.
    ``(c) Commission Action.--Not later than 90 days after the date of 
enactment of the Internet Freedom Preservation Act of 2009, the 
Commission shall promulgate rules to ensure that providers of Internet 
access service--
            ``(1) fulfill the duties described in subsection (b);
            ``(2) disclose meaningful information to consumers about a 
        provider's Internet access service in a clear, uniform, and 
        conspicuous manner and in conformity with the duties described 
        in subsection (e);
            ``(3) generally, to the extent feasible, make available 
        sufficient network capacity to users to enable the provision, 
        availability, and use of an Internet access service to support 
        lawful content, applications, and services that require high 
        bandwidth communications to and from an end user; and
            ``(4) not operate Internet access services in an 
        anticompetitive, unreasonable, unfair, discriminatory, or 
        deceptive manner.
    ``(d) Reasonable Network Management.--Nothing in this section shall 
be construed to prohibit an Internet access provider from engaging in 
reasonable network management consistent with the policies and duties 
of nondiscrimination and openness set forth in this Act. For purposes 
of subsections (b)(1) and (b)(5), a network management practice is a 
reasonable practice only if it furthers a critically important 
interest, is narrowly tailored to further that interest, and is the 
means of furthering that interest that is the least restrictive, least 
discriminatory, and least constricting of consumer choice available. In 
determining whether a network management practice is reasonable, the 
Commission shall consider, among other factors, the particular network 
architecture or technology limitations of the provider.
    ``(e) Transparency for Consumers.--With respect to any Internet 
access service or private transmission capacity offered to the public, 
each Internet access service provider shall provide to consumers and 
make publicly available detailed information about such services, 
including information about the speed, nature, and limitations of such 
services. Each Internet access service provider must publicly disclose, 
at a minimum, network management practices that affect communications 
between a user and a content, application, or service provider in the 
ordinary, routine use of such broadband service.
    ``(f) Stand-Alone Internet Access Service.--Within 180 days after 
the date of enactment of the Internet Freedom Preservation Act of 2009, 
the Commission shall promulgate rules to ensure that an Internet access 
service provider does not require a consumer, as a condition on the 
purchase of any Internet access service offered by such provider, to 
purchase any other service or offering. The Commission shall adopt any 
other rules it determines necessary to make such requirement effective 
and meaningful for consumers.
    ``(g) Other Services.--Not later than 180 days after the date of 
enactment of the Internet Freedom Preservation Act of 2009, the 
Commission shall complete all actions necessary to--
            ``(1) promote an ever-increasing level of Internet access 
        service to end users;
            ``(2) ensure that such evolving level of service provided 
        to end users is capable of supporting lawful content, 
        applications, and services and provides ample bandwidth for 
        such traffic to and from an end user;
            ``(3) promote both facilities-based and nonfacilities-based 
        competition to enable information service providers to have 
        marketplace choices for transmission capacity to reach end 
        users;
            ``(4) define the term `private transmission capacity 
        services';
            ``(5) clarify whether private transmission capacity 
        services may not be subject to the duties described in 
        subsections (b)(5) and (b)(6);
            ``(6) ensure that private transmission capacity services do 
        not undermine the purposes of this Act and do not diminish or 
        degrade the level of Internet access service offered to the 
        public by the same provider; and
            ``(7) ensure that private transmission capacity services 
        are not offered in an anticompetitive, unreasonable, 
        discriminatory, or deceptive manner.
    ``(h) Implementation.--Not later than 180 days after the date of 
enactment of the Internet Freedom Preservation Act of 2009, the 
Commission shall--
            ``(1) prescribe rules to permit any aggrieved person to 
        file a complaint with the Commission concerning any violation 
        of this section;
            ``(2) establish enforcement and expedited adjudicatory 
        review procedures consistent with the objectives of this 
        section, including the resolution of any complaint described in 
        paragraph (1) not later than 90 days after such complaint was 
        filed, except for good cause shown;
            ``(3) prescribe rules with respect to the reasonable 
        network management practices described under subsection (d) for 
        all Internet access services; and
            ``(4) prescribe rules with respect to the appropriate 
        disclosure obligations under subsection (e) for private 
        transmission capacity services.
    ``(i) Enforcement.--
            ``(1) In general.--The Commission shall enforce compliance 
        with this section under title V, except that--
                    ``(A) no forfeiture liability shall be determined 
                under section 503(b) against any person unless such 
                person receives the notice required by section 
                503(b)(3) or section 503(b)(4); and
                    ``(B) the provisions of section 503(b)(5) shall not 
                apply.
            ``(2) Special orders.--In addition to any other remedy 
        provided under this Act, the Commission may issue any 
        appropriate order, including an order--
                    ``(A) directing an Internet access service provider 
                to pay damages to a complaining party for a violation 
                of this section or the regulations promulgated pursuant 
                to this section; or
                    ``(B) to enforce the provisions of this section.
    ``(j) Illegal Conduct.--Nothing in this Act shall be construed or 
interpreted to affect any law or regulation addressing prohibited or 
unlawful activity, including any laws or regulations prohibiting theft 
of content.
    ``(k) Definitions.--For purposes of this section, the following 
definitions apply:
            ``(1) Internet access service.--The term `Internet access 
        service' means a 2-way transmission offered by an Internet 
        access service provider that transmits information between 2 or 
        more points and that has as its primary, but not exclusive, 
        purpose the enabling of data to be sent or received from the 
        Internet.
            ``(2) Internet access service provider.--The term `Internet 
        access service provider' means a person or entity that operates 
        or resells and controls any facility used to provide an 
        Internet access service directly to the public, whether 
        provided for a fee or for free, and whether provided via wire 
        or radio, except when such service is offered as an incidental 
        component of a noncommunications contractual relationship.
            ``(3) User.--The term `user' means any residential or 
        business subscriber who, by way of an Internet access service, 
        takes and utilizes Internet access services, whether provided 
        for a fee, in exchange for an explicit benefit, or for free.
            ``(4) Reasonable network management.--The term `reasonable 
        network management' shall be defined by the Commission through 
        regulations.''.
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