,i #aafth ,,congress #ast ,session ,h4 ,r4 #ajjf ,,in ,,the ,,house ,,of ,,representatives ,february #f1 #bjai,mr4 ,latta introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend title ,i of the ,communications ,act of #aicd to provide for internet openness1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,open ,internet ,act of #bjai4 #b4 ,internet openness ,title ,i of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended by adding at the end the following new section3 #ad4 ,internet openness 7a7 ,duties of broadband internet access service providers 7#a7 ,in general ,to the extent that a person is engaged in the provision of broadband internet access service1 such person-- 7,a7 shall not block lawful content1 applications1 or services1 or prohibit the use of non-harmful devices1 subject to reasonable network management2 7,b7 shall not unjustly or unreasonably discriminate in transmitting lawful traffic over a consumer's broadband internet access service2 and 7,c7 shall disclose accurate and relevant information in plain language regarding the price1 performance1 and network management practices of such person's broadband internet access service sufficient-- 7i7 for consumers to make informed choices regarding use of such service2 and 7ii7 for content1 application1 service1 and device providers to develop and market new internet offerings4 7#b7 ,commission requirements ,the ,commission may promulgate rules to implement paragraph 7#a77;,c74 ,any such rules-- 7,a7 shall require1 at a minimum1 such person to display or provide links to the required information on an internet website and to update such information in a timely fashion to reflect material changes in the information subject to such paragraph2 and 7,b7 shall not require public disclosure of-- 7i7 competitively sensitive information2 7ii7 information that would compromise network security2 or 7iii7 information that would undermine the efficacy of reasonable network management practices4 7#c7 ,rule of construction ,for purposes of paragraph 7#a77;,b71 reasonable network management shall not be construed to be unjustly or unreasonably discriminatory4 7b7 ,enforcement 7#a7 ,commission authority ,the ,commission shall enforce the duties established in subsections 7a77#a77;,a7 and 7a77#a77;,b7 through adjudication of a complaint alleging that a service violates one or more of such duties4 ,nothing in this section limits the ,commission's authority to adopt procedures for the adjudication of a complaint1 to adopt an order requiring compliance from an entity subject to a complaint1 to initiate an enforcement action1 or to issue a declaratory ruling or guidance4 7#b7 ,injunctive relief and penalties ,if the ,commission finds that a provider of broadband internet access service has violated any provision of subsection 7a71 the ,commission may issue an order enjoining such violation1 including interim injunctive relief4 ,if the ,commission finds that a provider of broadband internet access service has engaged in a willful and knowing violation of such subsection1 the ,commission may issue a fine or forfeiture of no more than #b1jjj1jjj for any practice found to violate such subsection1 consistent with the procedures in section #ejc4 ,the ,commission may not order the payment of damages for any violation of such subsection4 7#c7 ,no additional private rights authorized ,nothing in this section shall be construed to authorize any private right of action in court4 7c7 ,relationship to other titles and laws 7#a7 ,the ,commission ,the ,commission may not impose regulations on broadband internet access service or any component thereof under title ,,ii1 except in the event that a provider of broadband internet access service elects to provide the transmission component of such service as a telecommunications service under such title4 ,except as expressly provided in this section1 nothing in this section shall increase1 reduce1 or otherwise alter the ,commission's authority4 7#b7 ,providers ,nothing in this section shall supersede any obligation or authorization a provider of broadband internet access service may have1 or limit the provider's ability1 to address the needs of emergency communications1 law enforcement1 public safety1 or national security1 consistent with applicable law4 ,nothing in this section shall prohibit reasonable efforts by a provider of broadband internet access service to address copyright infringement or other unlawful activity4 7#c7 ,savings clause ,nothing in this section shall increase1 reduce1 or otherwise alter the antitrust or other authorities of the ,department of ,justice or the ,federal ,trade ,commission4 7d7 ,definitions ,for purposes of this section3 7#a7 ,broadband internet access service 7,a7 ,in general ,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 7,b7 ,functional equivalent2 evasion ,the term includes any service that-- 7i7 the ,commission finds to be providing a functional equivalent of the service described in subparagraph 7,a72 or 7ii7 is used to evade the protections set forth in this section4 7#b7 ,reasonable network management 7,a7 ,in general ,the term reasonable network management means a network management practice that is appropriate and tailored to achieving a legitimate network management function1 taking into account the particular network architecture or technology of the provider4 7,b7 ,inclusions ,the term includes appropriate and tailored practices-- 7i7 to reduce or mitigate the effects of congestion on a broadband internet access service provider's network2 7ii7 to ensure network security or integrity2 7iii7 to address traffic that is harmful to or unwanted by-- 7,i7 users1 including premises operators2 7,,ii7 the provider's network2 or 7,,iii7 the internet2 7iv7 to meet the needs of public safety2 and 7v7 to provide services or capabilities consistent with a consumer's choices regarding parental control or security capabilities4 7,c7 ,considerations ,in determining whether a network management practice is reasonable1 the ,commission shall consider technical requirements1 standards1 or best practices adopted by one or more independent1 widely recognized internet community governance initiatives or standard-setting organizations4 4