Network Neutrality Act of 2006 - States that it is the policy of the United States to, among other things, maintain the freedom to use broadband telecommunications networks, including the Internet, without interference from network operators.
Outlines specified duties of broadband network providers to ensure broadband network neutrality, including the duty to: (1) enable users to utilize their broadband service to access all lawful content, applications, and services available over broadband networks, including the Internet; and (2) not block, impair, degrade, discriminate against, or interfere with the ability of any person to utilize their broadband service for lawful purposes. Provides exceptions for providers, including implementing reasonable measures to manage its networks and protect network security.
Provides for implementation and enforcement of this Act through the Federal Communications Commission (FCC).
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5273 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5273
To promote open broadband networks and innovation, foster electronic
commerce, and safeguard consumer access to online content and services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2006
Mr. Markey (for himself, Ms. Eshoo, Mr. Boucher, and Mr. Inslee)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To promote open broadband networks and innovation, foster electronic
commerce, and safeguard consumer access to online content and services.
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 ``Network Neutrality Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Our Nation's economy, education, and society are
increasingly dependent upon broadband telecommunications
networks.
(2) These networks also hold the promise of advancing
economic growth, job creation, and technological innovation.
(3) As America becomes ever more reliant upon such
broadband networks, unfettered access to broadband networks to
offer content and services and run software applications over
the Internet is vital.
(4) The global leadership in high technology the United
States provides today stems directly from historic policies
that have ensured that telecommunications networks are open to
all lawful uses and to all users.
(5) The Internet was enabled by those historic policies and
provides an open architecture medium for world-wide
communications, providing low barriers to entry for web-based
content, applications, and services.
(6) Due to recent Federal Communications Commission
interpretations and court decisions, these features of the
Internet are no longer certain, and erosion of these historic
policies permits broadband network owners to claim they can
control who can and who cannot offer content and services over
the Internet utilizing their broadband networks.
(7) The high technology economy would be severely harmed if
Internet content providers cannot reach consumers without
interference from broadband network operators.
(8) The overwhelming majority of residential consumers take
broadband service from one of only two wireline providers,
namely, from the cable operator or the local telephone company.
(9) Broadband network operators have an economic interest
to discriminate in favor of their own services and against
other online providers.
(10) A network neutrality policy based upon the principle
of nondiscrimination is essential to ensure that broadband
telecommunications networks, including the Internet, remain
open to independent service and content providers.
(11) A network neutrality policy is also essential to give
certainty to entrepreneurs, innovators, investors, and others
who rely upon the Internet for commercial reasons.
(12) A network neutrality policy can also permit broadband
network operators to take action to protect network
reliability, prevent spam, and thwart illegal uses in the same
way that network operators have historically done so.
(13) Because of the vital role that broadband networks and
the Internet play for America's economic growth and our First
Amendment rights to speak, the United States should adopt a
clear policy endorsing the open nature of Internet
communications and freely accessible broadband networks.
SEC. 3. POLICY.
It is the policy of the United States--
(1) to maintain the freedom to use broadband
telecommunications networks, including the Internet, without
interference from network operators, as has been the policy for
Internet commerce and the basis for user expectations since its
inception;
(2) to ensure that the Internet, and its successors, remain
a vital force in the United States economy, thereby enabling
the country to preserve its global leadership in online
commerce and technological innovation;
(3) to preserve and promote the open and interconnected
nature of broadband networks that enable consumers to reach,
and service providers to offer, lawful content, applications,
and services of their choosing, using their selection of
devices that do not harm the network;
(4) to encourage escalating broadband transmission speeds
and capabilities that reflect the evolving nature of the
broadband networks, including the Internet, and improvements in
access technology, which enables consumers to use and enjoy,
and service providers to offer, a growing array of content,
applications, and services;
(5) to provide for disclosure by broadband network
operators of prices, terms, and conditions, and other relevant
information, including information about the technical
capabilities of broadband access provided to users, to inform
their choices about services they rely on to communicate and to
detect problems; and
(6) to ensure vigorous and prompt enforcement of this Act's
requirements to safeguard and promote competition, innovation,
market certainty, and consumer empowerment.
SEC. 4. NET NEUTRALITY SAFEGUARDS.
(a) In General.--Each broadband network provider has the duty to--
(1) enable users to utilize their broadband service to
access all lawful content, applications, and services available
over broadband networks, including the Internet;
(2) not block, impair, degrade, discriminate against, or
interfere with the ability of any person to utilize their
broadband service to--
(A) access, use, send, receive, or offer lawful
content, applications, or services over broadband
networks, including the Internet; or
(B) attach any device to the provider's network and
utilize such device in connection with broadband
service, provided that any such device does not
physically damage, or materially degrade other
subscribers' use of, the network;
(3) clearly and conspicuously disclose to users, in plain
language, accurate information about the speed, nature, and
limitations of their broadband service;
(4) offer, upon reasonable request to any person, a
broadband service for use by such person to offer or access
unaffiliated content, applications, and services;
(5) not discriminate in favor of itself in the allocation,
use, or quality of broadband services or interconnection with
other broadband networks;
(6) offer a service such that content, applications, or
service providers can offer unaffiliated content, applications,
or services in a manner that is at least equal to the speed and
quality of service that the operator's content, applications,
or service is accessed and offered, and without interference or
surcharges on the basis of such content, applications, or
services;
(7) if the broadband network provider prioritizes or offers
enhanced quality of service to data of a particular type,
prioritize or offer enhanced quality of service to all data of
that type (regardless of the origin of such data) without
imposing a surcharge or other consideration for such
prioritization or quality of service; and
(8) not install network features, functions, or
capabilities that thwart or frustrate compliance with the
requirements or objectives of this section.
(b) Exceptions.--Nothing in this section shall prohibit a broadband
network provider from implementing reasonable and nondiscriminatory
measures to--
(1) manage the functioning of its network, on a systemwide
basis, provided that any such management function does not
result in discrimination between content, applications, or
services offered by the provider and unaffiliated providers;
(2) offer varying levels of transmission speed or bandwith;
(3) protect network security or the security of a user's
computer on the network;
(4) offer consumer protection services (such as parental
controls), provided that a user may refuse or disable such
services;
(5) carry or offer a cable service that requires management
of the network to provide enhanced quality of service, provided
that--
(A) a broadband service subscriber may refuse to
subscribe to, and avoid charges for, such cable service
while obtaining broadband services from such operator;
and
(B) such carrying or offering does not violate any
of the duties set forth in subsection (a); or
(6) where otherwise required by law, prevent any violation
of Federal or State law.
(c) Implementation.--Within 180 days after the date of enactment of
this Act, the Commission shall adopt rules that--
(1) permit any person to complain to the Commission of
anything done or omitted to be done in violation of any duty,
obligation, or requirement under this section;
(2) provide that any complaint filed at the Commission that
alleges a violation of this section shall be deemed granted
unless acted upon by the Commission within 90 days after its
filing;
(3) require the Commission, upon prima facie showing by a
complainant of a violation of this section, to issue within 48
hours of the filing of any such complaint, a cease-and-desist
or other appropriate order against the violator until the
complaint is fully resolved, and, if in the public interest,
such order may affect classes of persons similarly situated to
the complainant or the violator, and any such order shall be in
effect until the Commission resolves the complaint with an
order dismissing the complaint or imposing appropriate remedies
to resolve such complaint; and
(4) enable the Commission to use mediation or arbitration
or other means to resolve the dispute.
(d) Enforcement.--This section shall be enforced under titles IV
and V of the Communications Act of 1934 (47 U.S.C. 401, 501 et seq.). A
violation of any provision of this section shall be treated as a
violation of the Communications Act of 1934, except that the warning
requirements of section 503(b) shall not apply. In addition to imposing
fines under its title V authority, the Commission also is authorized to
issue any order, including an order directing a broadband network
operator to pay damages to a complaining party.
(e) Definitions.--For purposes of this section:
(1) Broadband network provider.--The term ``broadband
network provider'' means a person or entity that owns,
controls, or resells, facilities used in the transmission of a
broadband service and includes any affiliate, joint venture
partner, or agent of such provider.
(2) Broadband service.--The term ``broadband service''
means a two-way transmission capability that--
(A) enables the user to access content,
applications, and services;
(B) is delivered with or without a fee to the
physical location of the user, regardless of the
facilities used;
(C) includes a transport speed of at least 200
kilobits per second on average in at least one
direction; and
(D) permits a user to transmit or receive
information of their own design or choosing.
(3) Affiliate.--The term ``affiliate'' includes--
(A) a person that directly or indirectly owns,
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 or service provider
concerning access to, or distribution of, such content
or services.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E680-681)
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Telecommunications and the Internet.
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