[Congressional Record Volume 153, Number 4 (Tuesday, January 9, 2007)]
[Senate]
[Pages S286-S288]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN (for himself, Ms. Snowe, Mr. Kerry, Mrs. Boxer, Mr. 
        Harkin, Mr. Leahy, Mrs. Clinton, Mr. Obama, and Mr. Wyden):
  S. 215 A bill to amend the communications act of 1934 to ensure net 
neutrality: to the Committee on Commerce, Science, and Transportation.
  Mr. DORGAN. Mr. President, the issue of Internet freedom, which is 
also known as net neutrality, is one that is very important to me. I 
have long fought in Congress against media concentration, to prevent 
the consolidation of control over what Americans see, read and hear in 
the media. Americans have recognized how important this issue is and 
millions spoke out when the FCC sought to loosen the ownership rules to 
allow for more consolidation.
  But now, Americans face an equally great threat to the democratic 
vehicle of the Internet. The Internet, which we have always taken for 
granted as an open and free engine for economic and creative growth, is 
now also at risk, and this must also become a front burner issue for 
consumers and businesses.
  The Internet became a robust engine of economic development by 
enabling anyone with a good idea to connect to consumers and compete on 
a level playing field for consumers' business. The marketplace picked 
winners and losers, and not some central gatekeeper. Our economy, small 
businesses and consumers benefited tremendously from that dynamic 
marketplace.
  But now we face a situation where the FCC has removed 
nondiscrimination rules that applied to Internet providers for years, 
and that enabled the Internet to flourish, and consumers and innovation 
to thrive.
  The FCC removed these rules, and broadband operators soon thereafter 
announced their interest in acting in discriminatory ways, planning to 
create tiers on the Internet that could restrict content providers' 
access to the

[[Page S287]]

Internet unless they pay extra for faster speeds or better service. 
Under their plan, the Internet would become a new world where those 
content providers who can afford to pay special fees would have better 
access to consumers.
  On November 7, 2005 then-SBC, now AT&T, CEO Ed Whitacre was quoted in 
Business Week as saying: ``They don't have any fiber out there. They 
don't have any wires. They don't have anything . . . They use my lines 
for free--and that's bull. For a Google or a Yahoo! or a Vonage or 
anybody to expect to use these pipes for free is nuts!''
  In another article a senior executive from Verizon was quoted as 
saying: ``(Google) is enjoying a free lunch that should, by any 
rational account, be the lunch of the facilities providers.''
  Now perhaps if we had a competitive broadband market we would not 
need to be concerned about the discriminatory intentions of some 
providers. In a market with many competitors, there is a reasonable 
chance that market forces would discipline bad behavior.
  But this is not the case today: FCC statistics on broadband show that 
the local cable and telephone companies have a 98 percent share of the 
national broadband residential access market.
  For those that say, the market will take care of competition, and 
ensure that those that own the broadband networks won't discriminate, 
that cannot be so when at best consumers have a choice of two 
providers.
  Furthermore, these broadband operators have their own content and 
services, video, VOIP, media content. They have an incentive to favor 
their own services and to act in an anti-competitive fashion. Last year 
Cablevision's Tom Rutledge talking about Vonage made the following 
statement: ``So, anyone who buys Vonage on our network using our data 
service doesn't really know what they are doing . . . Our service is 
better, its quality of service. We actually prioritize the bits so that 
the voice product is a better product.''
  With these developments, consumers' ability to use content, services 
and applications could now be subject to decisions made by their 
broadband providers. The broadband operator will become a gatekeeper, 
capable of deciding who can get through to a consumer, who can get 
special deals, faster speeds, better access to the consumer.
  This fundamentally changes the way the Internet has operated and 
threaten to derail the democratic nature of the Internet. American 
consumers and businesses will be worse off for it.
  It is for this reason that Senator Snowe and I are reintroducing the 
Internet Freedom Preservation Act, with the support of Internet 
businesses large and small, consumer groups, labor and education 
groups, religious organizations, and many others.
  Last year we faced an uphill battle: broadband providers were 
spending millions of dollars on print and television advertisements and 
efforts to convince lawmakers to let them act as gatekeepers on the 
Internet, removing the power from the consumers that drive Internet 
choice today.
  We still face the vast resources of broadband operators that seek to 
authorize their ability to control content on the Internet. But more 
importantly on the side of our legislation we have the grass roots 
support for and the substantive merits of Internet freedom.
  In addition, we have proof that it can be done- nondiscrimination 
rules and Internet freedom can co-exist with profitable business plans. 
Recently AT&T accepted as a condition of its merger with BellSouth a 
net neutrality provision written by the FCC. Wall Street immediately 
reported that it expected no impact on AT&T's bottom line by the 
acceptance of these conditions, and AT&T is forging ahead, while at the 
same time having committed to protecting Internet freedom.
  It is clear that an open and neutral Internet can co-exist and thrive 
along with competitive and profitable business models.
  But legislation is still critical. The merger conditions are an 
important step but are not enough. We must restore Internet freedom 
mandates to the entire broadband industry and make them permanent, 
ensuring that consumers can continue to receive the benefits of an open 
and vibrant Internet not only in the short term from AT&T, but from any 
broadband provider in the longer term.
  Today we introduce the Internet Freedom Preservation Act to ensure 
that the Internet remains a platform that spawns innovation and 
economic development for generations to come. We look forward to 
working with our colleagues in Congress to enact these important 
measures into law.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 215

       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''.

     SEC. 2. INTERNET NEUTRALITY.

       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 NEUTRALITY.

       ``(a) Duty of Broadband Service Providers.--With respect to 
     any broadband service offered to the public, each broadband 
     service provider shall--
       ``(1) not block, interfere with, discriminate against, 
     impair, or degrade the ability of any person to use a 
     broadband service to access, use, send, post, receive, or 
     offer any lawful content, application, or service made 
     available via the Internet;
       ``(2) not prevent or obstruct a user from attaching or 
     using any device to the network of such broadband service 
     provider, only if such device does not physically damage or 
     substantially degrade the use of such network by other 
     subscribers;
       ``(3) provide and make available to each user information 
     about such user's access to the Internet, and the speed, 
     nature, and limitations of such user's broadband service;
       ``(4) enable any content, application, or service made 
     available via the Internet to be offered, provided, or posted 
     on a basis that--
       ``(A) is reasonable and nondiscriminatory, including with 
     respect to quality of service, access, speed, and bandwidth;
       ``(B) is at least equivalent to the access, speed, quality 
     of service, and bandwidth that such broadband service 
     provider offers to affiliated content, applications, or 
     services made available via the public Internet into the 
     network of such broadband service provider; and
       ``(C) does not impose a charge on the basis of the type of 
     content, applications, or services made available via the 
     Internet into the network of such broadband service provider;
       ``(5) only prioritize content, applications, or services 
     accessed by a user that is made available via the Internet 
     within the network of such broadband service provider based 
     on the type of content, applications, or services and the 
     level of service purchased by the user, without charge for 
     such prioritization; and
       ``(6) not install or utilize network features, functions, 
     or capabilities that impede or hinder compliance with this 
     section.
       ``(b) Certain Management and Business-Related Practices.--
     Nothing in this section shall be construed to prohibit a 
     broadband service provider from engaging in any activity, 
     provided that such activity is not inconsistent with the 
     requirements of subsection (a), including--
       ``(1) protecting the security of a user's computer on the 
     network of such broadband service provider, or managing such 
     network in a manner that does not distinguish based on the 
     source or ownership of content, application, or service;
       ``(2) offering directly to each user broadband service that 
     does not distinguish based on the source or ownership of 
     content, application, or service, at different prices based 
     on defined levels of bandwidth or the actual quantity of data 
     flow over a user's connection;
       ``(3) offering consumer protection services (including 
     parental controls for indecency or unwanted content, software 
     for the prevention of unsolicited commercial electronic 
     messages, or other similar capabilities), if each user is 
     provided clear and accurate advance notice of the ability of 
     such user to refuse or disable individually provided consumer 
     protection capabilities;
       ``(4) handling breaches of the terms of service offered by 
     such broadband service provider by a subscriber, provided 
     that such terms of service are not inconsistent with the 
     requirements of subsection (a); or
       ``(5) where otherwise required by law, to prevent any 
     violation of Federal or State law.
       ``(c) Exception.--Nothing in this section shall apply to 
     any service regulated under title VI, regardless of the 
     physical transmission facilities used to provide or transmit 
     such service.
       ``(d) Stand-Alone Broadband Service.--A broadband service 
     provider shall not require a subscriber, as a condition on 
     the purchase of any broadband service offered by such 
     broadband service provider, to purchase any cable service, 
     telecommunications service, or IP-enabled voice service.
       ``(e) Implementation.--Not later than 180 days after the 
     date of enactment of the Internet Freedom Preservation Act, 
     the Commission shall prescribe rules to implement this 
     section that--

[[Page S288]]

       ``(1) permit any aggrieved person to file a complaint with 
     the Commission concerning any violation of this section; and
       ``(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.
       ``(f) 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 directing a broadband 
     service provider--
       ``(A) to pay damages to a complaining party for a violation 
     of this section or the regulations hereunder; or
       ``(B) to enforce the provisions of this section.
       ``(g) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Affiliated.--The term `affiliated' includes--
       ``(A) a person that (directly or indirectly) owns or 
     controls, is owned or controlled by, or is under common 
     ownership or control with, another person; or
       ``(B) a person that has a contract or other arrangement 
     with a content, applications, or service provider relating to 
     access to or distribution of such content, applications, or 
     service.
       ``(2) Broadband service.--The term `broadband service' 
     means a 2-way transmission that--
       ``(A) connects to the Internet regardless of the physical 
     transmission facilities used; and
       ``(B) transmits information at an average rate of at least 
     200 kilobits per second in at least 1 direction.
       ``(3) Broadband service provider.--The term `broadband 
     service provider' means a person or entity that controls, 
     operates, or resells and controls any facility used to 
     provide broadband service to the public, whether provided for 
     a fee or for free.
       ``(4) IP-enabled voice service.--The term `IP-enabled voice 
     service' means the provision of real-time 2-way voice 
     communications offered to the public, or such classes of 
     users as to be effectively available to the public, 
     transmitted through customer premises equipment using TCP/IP 
     protocol, or a successor protocol, for a fee (whether part of 
     a bundle of services or separately) with interconnection 
     capability such that service can originate traffic to, and 
     terminate traffic from, the public switched telephone network
       ``(5) User.--The term `user' means any residential or 
     business subscriber who, by way of a broadband service, takes 
     and utilizes Internet services, whether provided for a fee, 
     in exchange for an explicit benefit, or for free.''.

     SEC. 3. REPORT ON DELIVERY OF CONTENT, APPLICATIONS, AND 
                   SERVICES.

       Not later than 270 days after the date of enactment of this 
     Act, and annually thereafter, the Federal Communications 
     Commission shall transmit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives on the--
       (1) ability of providers of content, applications, or 
     services to transmit and send such information into and over 
     broadband networks;
       (2) ability of competing providers of transmission 
     capability to transmit and send such information into and 
     over broadband networks;
       (3) price, terms, and conditions for transmitting and 
     sending such information into and over broadband networks;
       (4) number of entities that transmit and send information 
     into and over broadband networks; and
       (5) state of competition among those entities that transmit 
     and send information into and over broadband networks.
                                 ______