Online Competition and Consumer Choice Act of 2014 - Directs the Federal Communications Commission (FCC) to promulgate regulations that prohibit broadband providers, in transmitting network traffic over the broadband Internet access service of an end user, from: (1) entering an agreement with an edge provider (a provider of Internet content, applications, services, or access devices) to give preferential treatment or priority to the traffic of such edge provider in exchange for consideration (commonly referred to as "paid prioritization"); and (2) giving preferential treatment or priority to content, applications, services, or devices that are provided or operated by such broadband provider or an affiliate of such broadband provider.
Prohibits this Act from superseding any obligation or authorization of a broadband provider to address the needs of emergency communications, law enforcement, public safety, or national security authorities.
Sets forth enforcement authority under the Communications Act of 1934, with modified forfeiture standards.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4880 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4880
To direct the Federal Communications Commission to promulgate
regulations that prohibit certain preferential treatment or
prioritization of Internet traffic.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 17, 2014
Ms. Matsui (for herself, Mr. Waxman, and Ms. Eshoo) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To direct the Federal Communications Commission to promulgate
regulations that prohibit certain preferential treatment or
prioritization of Internet traffic.
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 ``Online Competition and Consumer
Choice Act of 2014''.
SEC. 2. FCC REGULATIONS PROHIBITING CERTAIN PREFERENTIAL TREATMENT OR
PRIORITIZATION OF INTERNET TRAFFIC.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Commission shall promulgate regulations
that--
(1) prohibit a broadband provider from entering into an
agreement with an edge provider under which the broadband
provider agrees, for consideration, in transmitting network
traffic over the broadband Internet access service of an end
user, to give preferential treatment or priority to the traffic
of such edge provider over the traffic of other edge providers;
and
(2) prohibit a broadband provider, in transmitting network
traffic over the broadband Internet access service of an end
user, from giving preferential treatment or priority to the
traffic of content, applications, services, or devices that are
provided or operated by such broadband provider, or an
affiliate of such broadband provider, over the traffic of other
content, applications, services, or devices.
(b) Rules of Construction.--
(1) Certain traffic not affected.--Nothing in this section
shall be construed as superseding any obligation or
authorization a broadband provider may have to address the
needs of emergency communications or law enforcement, public
safety, or national security authorities, consistent with or as
permitted by applicable law, or as limiting the ability of the
provider to do so.
(2) Clarification of authority.--Nothing in this section
shall be construed as limiting the authority of the Commission
under any other provision of law, including the authority to
promulgate regulations prohibiting or limiting preferential
treatment or prioritization of the traffic of an edge provider
by a broadband provider under GN Docket No. 14-28 (relating to
the matter of protecting and promoting the open Internet).
(c) Enforcement.--For purposes of sections 503(b) and 504 of the
Communications Act of 1934 (47 U.S.C. 503(b); 504), this section shall
be considered to be a part of such Act. With respect to enforcement
under this section only, the following modifications of such section
503(b) shall apply:
(1) Paragraph (5) shall not apply.
(2) Paragraph (6) shall be applied by substituting the
following: ``No forfeiture penalty shall be determined or
imposed against any person under this subsection if the
violation charged occurred more than 3 years prior to the date
of issuance of the required notice or notice of apparent
liability.''.
(d) Definitions.--In this section:
(1) Affiliate.--The term ``affiliate'' has the meaning
given such term in section 3 of the Communications Act of 1934
(47 U.S.C. 153).
(2) Broadband internet access service.--The term
``broadband Internet access service'' has the meaning given
such term in section 8.11 of title 47, Code of Federal
Regulations.
(3) Broadband provider.--The term ``broadband provider''
means a provider of broadband Internet access service.
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Edge provider.--The term ``edge provider'' means an
individual, institution, or other entity that provides--
(A) any content, application, or service over the
Internet; or
(B) a device used for accessing any content,
application, or service over the Internet.
(6) End user.--The term ``end user'' means an individual,
institution, or other entity that uses a broadband Internet
access service.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
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