[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1860 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1860

 To prohibit the Federal Communications Commission from regulating the 
          rates charged for broadband internet access service.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2019

Mr. Kinzinger (for himself, Mr. Scalise, Mr. Long, Mr. Guthrie, and Mr. 
 Johnson of Ohio) introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To prohibit the Federal Communications Commission from regulating the 
          rates charged for broadband internet access service.

    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 ``No Rate Regulation of Broadband 
Internet Access Act''.

SEC. 2. REGULATION OF BROADBAND RATES PROHIBITED.

    Notwithstanding any other provision of law, the Federal 
Communications Commission may not regulate the rates charged for 
broadband internet access service.

SEC. 3. EXCEPTIONS.

    Nothing in this Act shall be construed to affect the authority of 
the Commission to--
            (1) condition receipt of universal service support under 
        section 254 of the Communications Act of 1934 (47 U.S.C. 254) 
        by a provider of broadband internet access service on the 
        regulation of the rates charged by such provider for the 
        supported service;
            (2) enforce subpart Y of part 64 of title 47, Code of 
        Federal Regulations (relating to truth-in-billing 
        requirements); or
            (3) prohibit or restrict paid prioritization.

SEC. 4. ADDITIONAL RULE OF CONSTRUCTION.

    For purposes of this Act, broadband internet access service shall 
not be construed to include data roaming or interconnection.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given 
        such term in section 8.1 of title 47, Code of Federal 
        Regulations.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Paid prioritization.--The term ``paid prioritization'' 
        means the management of the network of a provider of broadband 
        internet access service to directly or indirectly favor some 
        traffic over other traffic, including through 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.
            (4) Rate.--The term ``rate'' means the amount charged by a 
        provider of broadband internet access service for the delivery 
        of broadband internet traffic.
            (5) Regulation.--The term ``regulation'' or ``regulate'' 
        means, with respect to a rate, the use by the Commission of 
        rulemaking or enforcement authority to establish, declare, or 
        review the reasonableness of such rate.
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