[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1006 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1006

   To amend title I of the Communications Act of 1934 to provide for 
               internet openness, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2019

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

_______________________________________________________________________

                                 A BILL


 
   To amend title I of the Communications Act of 1934 to provide for 
               internet openness, 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 ``Open Internet Act of 2019''.

SEC. 2. INTERNET OPENNESS.

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

``SEC. 14. INTERNET OPENNESS.

    ``(a) Duties of Broadband Internet Access Service Providers.--
            ``(1) In general.--To the extent that a person is engaged 
        in the provision of broadband internet access service, such 
        person--
                    ``(A) shall not block lawful content, applications, 
                or services, or prohibit the use of non-harmful 
                devices, subject to reasonable network management;
                    ``(B) shall not unjustly or unreasonably 
                discriminate in transmitting lawful traffic over a 
                consumer's broadband internet access service; and
                    ``(C) shall disclose accurate and relevant 
                information in plain language regarding the price, 
                performance, and network management practices of such 
                person's broadband internet access service sufficient--
                            ``(i) for consumers to make informed 
                        choices regarding use of such service; and
                            ``(ii) for content, application, service, 
                        and device providers to develop and market new 
                        internet offerings.
            ``(2) Commission requirements.--The Commission may 
        promulgate rules to implement paragraph (1)(C). Any such 
        rules--
                    ``(A) shall require, at a minimum, such person to 
                display or provide links to the required information on 
                an internet website and to update such information in a 
                timely fashion to reflect material changes in the 
                information subject to such paragraph; and
                    ``(B) shall not require public disclosure of--
                            ``(i) competitively sensitive information;
                            ``(ii) information that would compromise 
                        network security; or
                            ``(iii) information that would undermine 
                        the efficacy of reasonable network management 
                        practices.
            ``(3) Rule of construction.--For purposes of paragraph 
        (1)(B), reasonable network management shall not be construed to 
        be unjustly or unreasonably discriminatory.
    ``(b) Enforcement.--
            ``(1) Commission authority.--The Commission shall enforce 
        the duties established in subsections (a)(1)(A) and (a)(1)(B) 
        through adjudication of a complaint alleging that a service 
        violates one or more of such duties. Nothing in this section 
        limits the Commission's authority to adopt procedures for the 
        adjudication of a complaint, to adopt an order requiring 
        compliance from an entity subject to a complaint, to initiate 
        an enforcement action, or to issue a declaratory ruling or 
        guidance.
            ``(2) Injunctive relief and penalties.--If the Commission 
        finds that a provider of broadband internet access service has 
        violated any provision of subsection (a), the Commission may 
        issue an order enjoining such violation, including interim 
        injunctive relief. If the Commission finds that a provider of 
        broadband internet access service has engaged in a willful and 
        knowing violation of such subsection, the Commission may issue 
        a fine or forfeiture of no more than $2,000,000 for any 
        practice found to violate such subsection, consistent with the 
        procedures in section 503. The Commission may not order the 
        payment of damages for any violation of such subsection.
            ``(3) No additional private rights authorized.--Nothing in 
        this section shall be construed to authorize any private right 
        of action in court.
    ``(c) Relationship to Other Titles and Laws.--
            ``(1) The commission.--The Commission may not impose 
        regulations on broadband internet access service or any 
        component thereof under title II, except in the event that a 
        provider of broadband internet access service elects to provide 
        the transmission component of such service as a 
        telecommunications service under such title. Except as 
        expressly provided in this section, nothing in this section 
        shall increase, reduce, or otherwise alter the Commission's 
        authority.
            ``(2) Providers.--Nothing in this section shall supersede 
        any obligation or authorization a provider of broadband 
        internet access service may have, or limit the provider's 
        ability, to address the needs of emergency communications, law 
        enforcement, public safety, or national security, consistent 
        with applicable law. Nothing in this section shall prohibit 
        reasonable efforts by a provider of broadband internet access 
        service to address copyright infringement or other unlawful 
        activity.
            ``(3) Savings clause.--Nothing in this section shall 
        increase, reduce, or otherwise alter the antitrust or other 
        authorities of the Department of Justice or the Federal Trade 
        Commission.
    ``(d) Definitions.--For purposes of this section:
            ``(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.--The 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 protections set 
                        forth in this section.
            ``(2) Reasonable network management.--
                    ``(A) In general.--The term `reasonable network 
                management' means a network management practice that is 
                appropriate and tailored to achieving a legitimate 
                network management function, taking into account the 
                particular network architecture or technology of the 
                provider.
                    ``(B) Inclusions.--The term includes appropriate 
                and tailored practices--
                            ``(i) to reduce or mitigate the effects of 
                        congestion on a broadband internet access 
                        service provider's network;
                            ``(ii) to ensure network security or 
                        integrity;
                            ``(iii) to address traffic that is harmful 
                        to or unwanted by--
                                    ``(I) users, including premises 
                                operators;
                                    ``(II) the provider's network; or
                                    ``(III) the internet;
                            ``(iv) to meet the needs of public safety; 
                        and
                            ``(v) to provide services or capabilities 
                        consistent with a consumer's choices regarding 
                        parental control or security capabilities.
                    ``(C) Considerations.--In determining whether a 
                network management practice is reasonable, the 
                Commission shall consider technical requirements, 
                standards, or best practices adopted by one or more 
                independent, widely recognized internet community 
                governance initiatives or standard-setting 
                organizations.''.
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