,i #aafth ,,congress #ast ,session ,h4 ,r4 #aaja ,,in ,,the ,,house ,,of ,,representatives ,february #g1 #bjai,mr4 ,walden introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to ensure internet openness1 to prohibit blocking lawful content and non-harmful devices1 to prohibit throttling data1 to prohibit paid prioritization1 to require transparency of network management practices1 to provide that broadband shall be considered to be an information service1 and to prohibit the ,commission or a ,state commission from relying on section #gjf of the ,telecommunications ,act of #aiif as a grant of authority4 #a4 ,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 following3 #ad4 ,internet openness 7a7 ,obligations of broadband internet access service providers ,a person engaged in the provision of broadband internet access service1 insofar as such person is so engaged-- 7#a7 may not block lawful content1 applications1 or services1 subject to reasonable network management2 7#b7 may not prohibit the use of non-harmful devices1 subject to reasonable network management2 7#c7 may not throttle lawful traffic by selectively slowing1 speeding1 degrading1 or enhancing internet traffic based on source1 destination1 or content1 subject to reasonable network management2 7#d7 may not engage in paid prioritization2 and 7#e7 shall publicly disclose accurate and relevant information in plain language regarding the network management practices1 performance1 and commercial terms of its broadband internet access services sufficient for consumers to make informed choices regarding use of such services and for content1 application1 service1 and device providers to develop1 market1 and maintain internet offerings1 except that a provider is not required to publicly disclose competitively sensitive information or information that could compromise network security or undermine the efficacy of reasonable network management practices4 7b7 ,commission authority 7#a7 ,in general ,the ,commission shall enforce the obligations established in subsection 7a7 through adjudication of complaints alleging violations of such subsection but may not expand the internet openness obligations for provision of broadband internet access service beyond the obligations established in such subsection1 whether by rulemaking or otherwise4 7#b7 ,formal complaint procedures ,not later than #fj days after the date of the enactment of this section1 the ,commission shall adopt formal complaint procedures to address alleged violations of subsection 7a74 7c7 ,other laws and considerations ,nothing in this section-- 7#a7 supersedes any obligation or authorization a provider of broadband internet access service may have to address the needs of emergency communications or law enforcement1 public safety1 or national security authorities1 consistent with or as permitted by applicable law1 or limits the provider's ability to do so2 or 7#b7 prohibits reasonable efforts by a provider of broadband internet access service to address copyright infringement or other unlawful activity4 7d7 ,consumer choice 7#a7 ,in general ,nothing in this section shall be construed to limit consumers' choice of service plans or consumers' control over their chosen broadband internet access service or1 except as provided in paragraph 7#b71 the ability of broadband internet access service providers to offer specialized services4 7#b7 ,prohibition on certain practices regarding specialized services ,specialized services may not be offered or provided in ways that threaten the meaningful availability of broadband internet access service or that have been devised or promoted in a manner designed to evade the purposes of this section4 7e7 ,broadband ,to be considered information service ,notwithstanding any other provision of law1 the provision of broadband internet access service or any other mass-market retail service providing advanced telecommunications capability 7as defined in section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb77 shall be considered to be an information service4 7f7 ,reasonable network management ,for purposes of subsection 7a71 a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose1 taking into account the particular network architecture and any technology and operational limitations of the broadband internet access service provider4 7g7 ,definitions ,in 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 subsection 7a74 7#b7 ,paid prioritization ,the term paid prioritization means the speeding up or slowing down of some internet traffic in relation to other internet traffic over the consumer's broadband internet access service by prioritizing or deprioritizing packets based on compensation or lack thereof by the sender to the broadband internet access service provider4 7#c7 ,specialized services ,the term specialized services means services other than broadband internet access service that are offered over the same network as1 and that may share network capacity with1 broadband internet access service4 4 #b4 ,authority under section #gjf of the ,telecommunications ,act of #aiif 7a7 ,in general ,section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,no grant of authority ,the ,commission or a ,state commission with regulatory jurisdiction over telecommunications services may not rely on this section as a grant of authority4 4 7b7 ,technical corrections ,section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7 is further amended-- 7#a7 in subsection 7c71 by striking 7as defined and all that follows through note772 and 7#b7 in subsection 7e71 as redesignated1 in the matter preceding paragraph 7#a71 by striking subsection and inserting section4