,i #aafth ,,congress #ast ,session ,h4 ,r4 #bacf ,,in ,,the ,,house ,,of ,,representatives ,april #h1 #bjai ,mr4 ,smucker 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 of lawful content1 applications1 services1 and non-harmful devices1 to prohibit impairment or degradation of lawful internet traffic1 to limit the authority of the ,federal ,communications ,commission and to preempt ,state law with respect to internet openness obligations1 to provide that broadband internet access service shall be considered to be an information service1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,open ,internet ,preservation ,act4 #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 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 services1 or non-harmful devices1 subject to reasonable network management2 and 7#b7 may not impair or degrade lawful internet traffic on the basis of internet content1 application1 or service1 or use of a non-harmful device1 subject to reasonable network management4 7b7 ,commission authority 7#a7 ,in general ,the ,commission shall enforce the obligations established in subsection 7a7 and the obligations established in subsection 7e77#b7 through adjudication of complaints alleging violations of such respective subsection but may not1 under any provision of law1 whether by rulemaking or otherwise-- 7,a7 expand the internet openness obligations for provision of broadband internet access service beyond the obligations established in subsection 7a72 or 7,b7 expand the internet openness obligations for the offering or provision of specialized services beyond the obligations established in subsection 7e77#b74 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 7a7 and alleged violations of subsection 7e77#b74 ,such procedures shall include a deadline 7relative to the date of filing of a complaint under such procedures7 for the disposition of such complaint4 7c7 ,preemption of ,state law ,no ,state or political subdivision of a ,state shall adopt1 maintain1 enforce1 or impose or continue in effect any law1 rule1 regulation1 duty1 requirement1 standard1 or other provision having the force and effect of law relating to or with respect to internet openness obligations for provision of broadband internet access service4 7d7 ,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 7e7 ,specialized services 7#a7 ,in general ,except as provided in paragraph 7#b71 nothing in this section shall be construed to limit the ability of broadband internet access service providers to offer specialized services4 7#b7 ,prohibition on certain practices ,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 7f7 ,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 7g7 ,reasonable network management ,for purposes of subsection 7a71 a network management practice is reasonable if it is primarily used for and tailored to achieving a legitimate network management purpose1 taking into account the particular network architecture and technology of the broadband internet access service4 7h7 ,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 ,such 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 obligations set forth in subsection 7a74 7#b7 ,network management practice ,the term network management practice means a practice that has a primarily technical network management justification4 ,such term does not include other business practices4 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 #c4 ,eligibility of broadband internet access services for universal service funds ,section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7 is amended-- 7#a7 in subsection 7c71 by adding at the end the following3 7#d7 ,broadband internet access services ,broadband internet access services 7as defined in section #ad7 shall be eligible to receive funding from ,federal universal service support mechanisms authorized by this section4 2 and 7#b7 in subsection 7e7-- 7,a7 in the first sentence1 by inserting or a provider of broadband internet access service 7as defined in section #ad7 after section #bad7;e72 and 7,b7 in the second sentence1 by inserting or provider after carrier4