,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dgeb ,,in ,,the ,,house ,,of ,,representatives ,may #bh1 #bjad ,mr4 ,latta introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to limit the authority of the ,federal ,communications ,commission over providers of broadband ,internet access service4 #a4 ,findings ,congress finds the following3 7#a7 ,the ,internet is a powerful engine for economic growth that has remained open1 free1 and accessible without government regulation since its entrance into the public sphere4 7#b7 ,title ,,ii of the ,communications ,act of #aicd was designed for the monopoly telephone system in #aicd and has its origins in #aith century shipping regulations4 7#c7 ,imposing the obligations and requirements of title ,,ii of such ,act on broadband ,internet access service would severely harm broadband investment and create myriad negative unintended consequences4 7#d7 ,the ,federal ,communications ,commission has consistently taken actions that classify broadband ,internet access service1 even in different forms1 as an information service4 ,such actions include the following3 7,a7 ,in #aiih1 ,chairman ,bill ,kennard issued a ,report to ,congress finding that ,internet access is an information service with a telecommunications component4 7,b7 ,in #bjjb1 the ,commission issued a ,declaratory ,ruling 7#ag ,,fcc ,rcd #dgih7 classifying cable modem broadband ,internet access service as an information service4 ,in the #bjje case of ,national ,cable ,telecommunications ,association v4 ,brand ,x ,internet ,services 7#ede ,u4,s4 #ifg71 the ,supreme ,court of the ,united ,states affirmed this determination that such service is not a common carrier service and is appropriately classified as an information service4 7,c7 ,in #bjje1 the ,commission issued a ,report and ,order 7#bj ,,fcc ,rcd #adhec7 affirming the classification of wireline broadband ,internet access service as an information service4 7,d7 ,in #bjjg1 the ,commission issued a ,declaratory ,ruling 7#bb ,,fcc ,rcd #eija7 affirming the classification of wireless broadband ,internet access service as an information service4 7#e7 ,these ,commission rulings unleashed tens of billions of dollars of investment in the ,nation's broadband networks1 investment that would not have been made if broadband services were subject to common carrier requirements4 #b4 ,limitation on authority of ,,fcc 7a7 ,in general ,section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec7 is amended as follows3 7#a7 ,common carrier ,paragraph 7#aa7 is amended by adding at the end the following3 ,such term does not include a provider of an information service or of advanced telecommunications capability 7as defined in section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb77 when engaged in the provision of such service or capability44 7#b7 ,information service ,paragraph 7#bd7 is amended to read as follows3 7#bd7 ,information service ,the term information service means the offering of a capability for generating1 acquiring1 storing1 transforming1 processing1 retrieving1 utilizing1 or making available information via telecommunications1 and includes electronic publishing1 but does not include-- 7,a7 a telecommunications service2 or 7,b7 any use of any such capability for the management1 control1 or operation of a telecommunications system or the management of a telecommunications service4 ,such term includes broadband ,internet access service4 ,a provider of an information service may not be treated as a telecommunications carrier under this ,act when engaged in the provision of an information service1 and may not be required to offer such service or any component of such service as a telecommunications service4 4 7#c7 ,telecommunications carrier ,paragraph 7#ea7 is amended by adding at the end the following3 ,such term does not include a provider of an information service or of advanced telecommunications capability 7as defined in section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb77 when engaged in the provision of such service or capability44 7#d7 ,telecommunications service ,paragraph 7#ec7 is amended by adding at the end the following3 ,such term does not include any service that is an information service1 any component of an information service1 or advanced telecommunications capability 7as defined in section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7744 7b7 ,broadband ,internet access service defined ,section #c of the ,communications ,act of #aicd is further amended-- 7#a7 by redesignating paragraphs 7#f7 through 7#ei7 as paragraphs 7#g7 through 7#fj71 respectively2 and 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,broadband ,internet access service ,the term broadband ,internet access service means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all ,internet endpoints1 including any capabilities that are incidental to and enable the operation of the communications service1 but excluding dial-up ,internet access service4 ,broadband ,internet access service is an information service1 and includes a service utilizing advanced telecommunications capability 7as defined in section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb774 4