[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1644 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 15
116th CONGRESS
  1st Session
                                H. R. 1644

                          [Report No. 116-34]

   To restore the open internet order of the Federal Communications 
                              Commission.


_______________________________________________________________________


                    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. Velazquez, 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. Barragan, 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. Lujan, 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. Sanchez, Miss Rice of New 
 York, Mr. Schneider, Mr. Garcia 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. Cardenas, 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.


 


    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 ``Save the Internet Act of 2019''.

SEC. 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.

SEC. 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.
                                                  Union Calendar No. 15

116th CONGRESS

  1st Session

                               H. R. 1644

                          [Report No. 116-34]

_______________________________________________________________________

                                 A BILL

   To restore the open internet order of the Federal Communications 
                              Commission.

_______________________________________________________________________

                             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