[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6393 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6393

    To amend the Communications Act of 1934 to provide for internet 
openness requirements for broadband internet access service providers, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2018

 Mr. Coffman introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Communications Act of 1934 to provide for internet 
openness requirements for broadband internet access service providers, 
                        and for other 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 ``21st Century Internet Act''.

SEC. 2. BROADBAND INTERNET ACCESS SERVICE.

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

            ``TITLE VIII--BROADBAND INTERNET ACCESS SERVICE

``SEC. 801. INTERNET OPENNESS.

    ``(a) No Blocking.--A broadband internet access service provider 
may not--
            ``(1) block lawful content, applications, or services, 
        subject to reasonable network management;
            ``(2) charge an edge provider a fee to avoid blocking of 
        the content, applications, or services provided by the edge 
        provider; or
            ``(3) prohibit, restrict, or penalize the use of non-
        harmful devices on the network of the broadband internet access 
        service provider, subject to reasonable network management.
    ``(b) No Throttling.--A broadband internet access service provider 
may not--
            ``(1) impair, degrade, slow down, speed up, or enhance 
        lawful internet traffic on the basis of internet content, 
        application, source, destination, service, or use of a non-
        harmful device, or any particular class of content, 
        application, source, destination, service, or non-harmful 
        device, subject to reasonable network management; or
            ``(2) charge an edge provider a fee to avoid the 
        impairment, degradation, or slowing down of internet traffic of 
        the edge provider, or for the speeding up or enhancement of 
        such traffic, on the basis of internet content, application, 
        source, destination, service, or use of a non-harmful device, 
        or any particular class of content, application, source, 
        destination, service, or non-harmful device.
    ``(c) No Paid Preferential Treatment.--A broadband internet access 
service provider may not engage in paid preferential treatment.
    ``(d) No Unreasonable Interference or Disadvantage Standard for 
Internet Conduct.--
            ``(1) In general.--A broadband internet access service 
        provider may not unreasonably interfere with or disadvantage--
                    ``(A) the ability of end users to select, access, 
                and use broadband internet access service or the lawful 
                content, applications, services, or devices chosen by 
                such end users, including any particular class of 
                content, application, service, or device; or
                    ``(B) the ability of edge providers to make 
                available to end users lawful content, applications, 
                services, or devices, including any particular class of 
                content, application, service, or device.
            ``(2) Reasonable network management.--Reasonable network 
        management shall not be considered a violation of this 
        subsection.
    ``(e) Transparency.--
            ``(1) Disclosures required.--A broadband internet access 
        service provider shall publicly disclose accurate and relevant 
        information regarding the network management practices, 
        performance (including speed, latency, and packet loss), and 
        commercial terms of the broadband internet access services of 
        such provider sufficient for consumers to make informed choices 
        regarding use of such services and for edge providers to 
        develop, market, and maintain internet offerings.
            ``(2) Form and manner of disclosures.--The disclosures 
        required by paragraph (1) shall be--
                    ``(A) made on a timely basis;
                    ``(B) made prominently and in plain language; and
                    ``(C) accessible to current and prospective end 
                users and edge providers, the Commission, and third 
                parties who wish to monitor network management 
                practices.
            ``(3) Exceptions.--
                    ``(A) In general.--Paragraph (1) does not require a 
                broadband internet access service provider to publicly 
                disclose information that--
                            ``(i) is competitively sensitive;
                            ``(ii) could compromise network security; 
                        or
                            ``(iii) could undermine the efficacy of 
                        reasonable network management practices.
                    ``(B) Redacted and unredacted versions of 
                disclosure.--A broadband internet access service 
                provider that withholds information under subparagraph 
                (A) from any public disclosure made to comply with 
                paragraph (1) shall--
                            ``(i) submit to the Commission an 
                        unredacted version of such disclosure that 
                        contains the information withheld; and
                            ``(ii) indicate in the public version of 
                        such disclosure that information has been 
                        redacted from such disclosure under 
                        subparagraph (A).
                    ``(C) Evaluation by commission.--
                            ``(i) In general.--Not later than 14 days 
                        after the Commission receives an unredacted 
                        version of a disclosure under subparagraph 
                        (B)(i), the Commission shall review such 
                        disclosure to determine if the information 
                        withheld from the public version of such 
                        disclosure meets the requirements for an 
                        exception under subparagraph (A).
                            ``(ii) Deadline for disclosure.--If the 
                        Commission determines under clause (i) that the 
                        information withheld from the public version of 
                        the disclosure does not meet the requirements 
                        for an exception under subparagraph (A), the 
                        broadband internet access service provider 
                        shall publicly disclose such information not 
                        later than 30 days after the date of the 
                        determination of the Commission. The running of 
                        the time period specified in the preceding 
                        sentence shall be tolled during the pendency of 
                        any petition for reconsideration of the 
                        determination under section 405, application 
                        for review of the determination under section 
                        5(c) (in the case of a determination made under 
                        authority delegated under such section), or 
                        civil action seeking judicial review of the 
                        determination.

``SEC. 802. TRAFFIC EXCHANGE.

    ``(a) Duty To Interconnect and Exchange Internet Protocol 
Traffic.--A broadband internet access service provider shall have the 
duty to interconnect and exchange Internet Protocol traffic on a 
settlement-free basis with any person (including an edge provider or 
other internet service provider) seeking to exchange Internet Protocol 
traffic with such broadband internet access service provider, if the 
traffic exchange arrangement proposed by such person provides for the 
exchange of--
            ``(1) Internet Protocol traffic with such broadband 
        internet access service provider on a reasonably localized 
        basis; and
            ``(2) at least a reasonable minimum amount of Internet 
        Protocol traffic with such broadband internet access service 
        provider, except that the proportion of traffic sent and 
        received between the person seeking to exchange traffic and the 
        provider shall not be a factor in determining what is a 
        reasonable minimum amount for purposes of this paragraph.
    ``(b) Indirect Interconnection.--A broadband internet access 
service provider may satisfy the duty of such provider under subsection 
(a) by interconnecting indirectly with any person requesting 
interconnection under such subsection, if--
            ``(1) as of the date of the enactment of this title, such 
        broadband internet access service provider relies primarily on 
        indirect interconnection for the exchange of all of the 
        Internet Protocol traffic of such provider with other persons 
        (including edge providers and other internet service 
        providers); and
            ``(2) the entity through which Internet Protocol traffic 
        will be exchanged with such provider offers settlement-free 
        interconnection for the purpose of exchanging Internet Protocol 
        traffic with such provider on terms that are at least as 
        favorable to persons requesting interconnection as those 
        required under subsection (a).
    ``(c) Unreasonable Discrimination Prohibited.--A broadband internet 
access service provider may not unreasonably discriminate when entering 
into traffic exchange arrangements under subsection (a) or complying 
with the duty of such provider under such subsection through indirect 
interconnection in accordance with subsection (b).
    ``(d) Other Traffic Exchange Arrangements.--Any broadband internet 
access service provider traffic exchange arrangement other than an 
arrangement described in subsection (a) shall be made on a commercially 
reasonable basis.
    ``(e) Prohibition on Evasion of Internet Openness Obligations.--A 
broadband internet access service provider may not engage in practices 
related to or in connection with Internet Protocol traffic exchange, or 
enter into traffic exchange arrangements, that are designed or intended 
to evade the obligations set forth in section 801.

``SEC. 803. OTHER LAWS AND CONSIDERATIONS.

    ``(a) Emergency Communications, Law Enforcement, and Related 
Matters.--Nothing in this title supercedes any obligation or 
authorization a broadband internet access service provider may have to 
address the needs of emergency communications or law enforcement, 
public safety, or national security authorities, consistent with or as 
permitted by applicable law, or limits the ability of the provider to 
do so.
    ``(b) Copyright Infringement and Other Unlawful Activity.--Nothing 
in this title prohibits reasonable efforts by a broadband internet 
access service provider to address copyright infringement or other 
unlawful activity.
    ``(c) End-User Choice; Specialized Services.--
            ``(1) In general.--Nothing in this title shall be construed 
        to limit--
                    ``(A) the ability of end users to choose service 
                plans or to exercise control over the broadband 
                internet access service chosen by the user; or
                    ``(B) except as provided in paragraph (2), the 
                ability of broadband internet access service providers 
                to offer specialized services.
            ``(2) Specialized services.--Specialized services may not 
        be--
                    ``(A) offered or provided in ways that constitute a 
                functional equivalent of broadband internet access 
                service; or
                    ``(B) otherwise designed or intended to evade the 
                obligations set forth in section 801 or 802.

``SEC. 804. ACCESS BY PERSONS WITH DISABILITIES.

    ``(a) Manufacturing.--A manufacturer of broadband equipment or 
broadband customer premises equipment shall ensure that the equipment 
is designed, developed, and fabricated to be accessible to and usable 
by individuals with disabilities, if readily achievable.
    ``(b) Broadband Internet Access Service.--A broadband internet 
access service provider shall ensure that the service is accessible to 
and usable by individuals with disabilities, if readily achievable.
    ``(c) Compatibility.--Whenever the requirements of subsections (a) 
and (b) are not readily achievable, such a manufacturer or provider 
shall ensure that the equipment or service is compatible with existing 
peripheral devices or specialized broadband customer premises equipment 
commonly used by individuals with disabilities to achieve access, if 
readily achievable.
    ``(d) Guidelines.--Not later than 6 months after the date of the 
enactment of this title, the Architectural and Transportation Barriers 
Compliance Board shall develop guidelines for accessibility of 
broadband equipment and broadband customer premises equipment in 
conjunction with the Commission. The Board shall review and update the 
guidelines periodically.
    ``(e) No Additional Private Rights Authorized.--Nothing in this 
section shall be construed to authorize any private right of action to 
enforce any requirement of this section or any regulation thereunder. 
The Commission shall have exclusive jurisdiction with respect to any 
complaint under this section.
    ``(f) Definitions.--In this section:
            ``(1) Broadband customer premises equipment.--The term 
        `broadband customer premises equipment' means equipment 
        employed on the premises of a person (other than a broadband 
        internet access service provider) to originate, route, or 
        terminate broadband internet access services.
            ``(2) Broadband equipment.--The term `broadband equipment' 
        means equipment, other than broadband customer premises 
        equipment, used by a broadband internet access service provider 
        to provide broadband internet access service, and includes 
        software integral to such equipment (including upgrades).
            ``(3) Disability.--The term `disability' has the meaning 
        given such term in section 3(1)(A) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102(1)(A)).
            ``(4) Readily achievable.--The term `readily achievable' 
        has the meaning given such term in section 301(9) of such Act 
        (42 U.S.C. 12181(9)).

``SEC. 805. COMMISSION AUTHORITY.

    ``(a) Unfair or Deceptive Acts or Practices.--It shall be unlawful 
for a broadband internet access service provider to engage in unfair or 
deceptive acts or practices.
    ``(b) General Enforcement and Implementation Authority.--In 
addition to the authority with respect to complaints under subsection 
(c), the Commission shall have the authority to initiate 
investigations, bring enforcement actions, issue declaratory rulings, 
conduct rulemakings, and take such other actions consistent with 
sections 4(i) and 403 as are necessary to implement the requirements of 
this title. Nothing in this title shall alter the power of the 
Commission to impose forfeitures under title V.
    ``(c) Complaints.--
            ``(1) Formal complaints.--The Commission shall enforce the 
        obligations established in this title through adjudication of 
        complaints, under existing Commission complaint protocol.
            ``(2) Informal complaints.--The Commission may investigate 
        informal complaints. Any such complaint shall set forth clearly 
        and concisely the facts relied upon, the relief sought, the 
        statutory or regulatory provisions (if any) pursuant to which 
        the complaint is filed and under which relief is sought, and 
        the interest of the person submitting the complaint.
    ``(d) Forbearance Authority Inapplicable.--The authority of the 
Commission under section 10 shall not apply to this title or a 
regulation promulgated under this title.

``SEC. 806. PRESCRIPTIVE RATE REGULATION.

    ``Nothing in this title shall be construed to grant authority to 
the Commission to prescribe the rate that a broadband internet access 
service provider may charge for such service in advance of the 
provision of such service.

``SEC. 807. DEFINITIONS.

    ``In this title:
            ``(1) Broadband internet access service.--
                    ``(A) In general.--The term `broadband internet 
                access service' means a mass market retail service by 
                wire or radio that provides the capability to transmit 
                data to and receive data from all or substantially all 
                internet endpoints, including any capabilities that are 
                incidental to and enable the operation of the 
                communications service, but excluding dial-up internet 
                access service.
                    ``(B) Functional equivalent; evasion.--Such term 
                includes any service that--
                            ``(i) the Commission finds to be providing 
                        a functional equivalent of the service 
                        described in subparagraph (A); or
                            ``(ii) is used to evade the obligations set 
                        forth in this title.
            ``(2) Broadband internet access service provider.--The term 
        `broadband internet access service provider' means a person 
        engaged in the provision of broadband internet access service, 
        insofar as such person is so engaged.
            ``(3) Edge provider.--The term `edge provider' means any 
        person who provides--
                    ``(A) any content, application, or service over the 
                internet; or
                    ``(B) a device used for accessing any content, 
                application, or service over the internet.
            ``(4) End user.--The term `end user' means any person who 
        uses a broadband internet access service.
            ``(5) Network management practice.--The term `network 
        management practice' means a practice that has an exclusively 
        technical network management justification, but such term does 
        not include other business practices.
            ``(6) Paid preferential treatment.--The term `paid 
        preferential treatment' means the management of the network of 
        a broadband internet access service provider to directly or 
        indirectly favor some internet traffic in relation to other 
        internet traffic, including through the use of techniques such 
        as traffic shaping, prioritization, resource reservation, or 
        other forms of preferential traffic management, either--
                    ``(A) in exchange for consideration (monetary or 
                otherwise) from a third party; or
                    ``(B) to benefit an affiliated entity
            ``(7) Reasonable network management.--The term `reasonable 
        network management' means the use of a network management 
        practice exclusively for, and tailored to achieving, a 
        legitimate technical network management purpose, taking into 
        account the particular network architecture and technology of 
        the broadband internet access service.
            ``(8) Specialized services.--The term `specialized 
        services' means services accessed by means other than through 
        broadband internet access service and that are offered or 
        delivered over the same network as, and that may share network 
        capacity with, broadband internet access services.
            ``(9) Traffic exchange.--The term `traffic exchange', and 
        the term `exchange' when used with respect to Internet Protocol 
        traffic, mean the exchange of Internet Protocol traffic between 
        networks.
            ``(10) Traffic exchange arrangement.--The term `traffic 
        exchange arrangement' means an arrangement that determines 
        which networks exchange Internet Protocol traffic and the 
        destinations to which such networks will deliver such 
        traffic.''.

SEC. 3. ELIGIBILITY OF BROADBAND INTERNET ACCESS SERVICES FOR UNIVERSAL 
              SERVICE FUNDS.

    Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is 
amended--
            (1) in subsection (c), by adding at the end the following:
            ``(4) Broadband internet access services.--Broadband 
        internet access services (as defined in section 807) shall be 
        eligible to receive funding from Federal universal service 
        support mechanisms authorized by this section.'';
            (2) in the last sentence of subsection (d), by inserting 
        ``(including a broadband internet access service provider (as 
        defined in section 807))'' after ``telecommunications''; and
            (3) in subsection (e)--
                    (A) in the first sentence, by inserting ``or a 
                broadband internet access service provider (as defined 
                in section 807)'' after ``section 214(e)''; and
                    (B) in the second sentence, by inserting ``or 
                provider'' after ``carrier''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
broadband internet access service that is provided after the date that 
is 30 days after the date of the enactment of this Act.
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