I 

116TH CONGRESS 

1ST SESSION H. R. 1006 

To amend title I of the Communications Act of 1934 to provide for internet 

openness, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2019 

Mr. LATTA introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend title I of the Communications Act of 1934 to 

provide for internet openness, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Open Internet Act of 

5 2019’’. 

6 SEC. 2. INTERNET OPENNESS. 

7 Title I of the Communications Act of 1934 (47 

8 U.S.C. 151 et seq.) is amended by adding at the end the 

9 following new section: 


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1 ‘‘SEC. 14. INTERNET OPENNESS. 

2 ‘‘(a) DUTIES OF BROADBAND INTERNET ACCESS

3 SERVICE PROVIDERS.— 

4 ‘‘(1) IN GENERAL.—To the extent that a person 

5 is engaged in the provision of broadband internet ac6 cess service, such person— 

7 ‘‘(A) shall not block lawful content, appli8 cations, or services, or prohibit the use of non9 harmful devices, subject to reasonable network 

10 management; 

11 ‘‘(B) shall not unjustly or unreasonably 

12 discriminate in transmitting lawful traffic over 

13 a consumer’s broadband internet access service; 

14 and 

15 ‘‘(C) shall disclose accurate and relevant 

16 information in plain language regarding the 

17 price, performance, and network management 

18 practices of such person’s broadband internet 

19 access service sufficient— 

20 ‘‘(i) for consumers to make informed 

21 choices regarding use of such service; and 

22 ‘‘(ii) for content, application, service, 

23 and device providers to develop and market 

24 new internet offerings. 


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1 ‘‘(2) COMMISSION REQUIREMENTS.—The Com2 mission may promulgate rules to implement para3 graph (1)(C). Any such rules— 

4 ‘‘(A) shall require, at a minimum, such 

5 person to display or provide links to the re6 quired information on an internet website and 

7 to update such information in a timely fashion 

8 to reflect material changes in the information 

9 subject to such paragraph; and 

10 ‘‘(B) shall not require public disclosure 

11 of— 

12 ‘‘(i) competitively sensitive informa13 tion; 

14 ‘‘(ii) information that would com15 promise network security; or 

16 ‘‘(iii) information that would under17 mine the efficacy of reasonable network 

18 management practices. 

19 ‘‘(3) RULE OF CONSTRUCTION.—For purposes 

20 of paragraph (1)(B), reasonable network manage21 ment shall not be construed to be unjustly or unrea22 sonably discriminatory. 

23 ‘‘(b) ENFORCEMENT.— 

24 ‘‘(1) COMMISSION AUTHORITY.—The Commis25 sion shall enforce the duties established in subVerDate Sep 11 2014 01:31 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1006.IH H1006

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1 sections (a)(1)(A) and (a)(1)(B) through adjudica2 tion of a complaint alleging that a service violates 

3 one or more of such duties. Nothing in this section 

4 limits the Commission’s authority to adopt proce5 dures for the adjudication of a complaint, to adopt 

6 an order requiring compliance from an entity subject 

7 to a complaint, to initiate an enforcement action, or 

8 to issue a declaratory ruling or guidance. 

9 ‘‘(2) INJUNCTIVE RELIEF AND PENALTIES.—If 

10 the Commission finds that a provider of broadband 

11 internet access service has violated any provision of 

12 subsection (a), the Commission may issue an order 

13 enjoining such violation, including interim injunctive 

14 relief. If the Commission finds that a provider of 

15 broadband internet access service has engaged in a 

16 willful and knowing violation of such subsection, the 

17 Commission may issue a fine or forfeiture of no 

18 more than $2,000,000 for any practice found to vio19 late such subsection, consistent with the procedures 

20 in section 503. The Commission may not order the 

21 payment of damages for any violation of such sub22 section. 

23 ‘‘(3) NO ADDITIONAL PRIVATE RIGHTS AU24 THORIZED.—Nothing in this section shall be conVerDate Sep 11 2014 01:31 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1006.IH H1006

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1 strued to authorize any private right of action in 

2 court. 

3 ‘‘(c) RELATIONSHIP TO OTHER TITLES AND LAWS.— 

4 ‘‘(1) THE COMMISSION.—The Commission may 

5 not impose regulations on broadband internet access 

6 service or any component thereof under title II, ex7 cept in the event that a provider of broadband inter8 net access service elects to provide the transmission 

9 component of such service as a telecommunications 

10 service under such title. Except as expressly pro11 vided in this section, nothing in this section shall in12 crease, reduce, or otherwise alter the Commission’s 

13 authority. 

14 ‘‘(2) PROVIDERS.—Nothing in this section shall 

15 supersede any obligation or authorization a provider 

16 of broadband internet access service may have, or 

17 limit the provider’s ability, to address the needs of 

18 emergency communications, law enforcement, public 

19 safety, or national security, consistent with applica20 ble law. Nothing in this section shall prohibit reason21 able efforts by a provider of broadband internet ac22 cess service to address copyright infringement or 

23 other unlawful activity. 

24 ‘‘(3) SAVINGS CLAUSE.—Nothing in this section 

25 shall increase, reduce, or otherwise alter the antiVerDate Sep 11 2014 01:31 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1006.IH H1006

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1 trust or other authorities of the Department of Jus2 tice or the Federal Trade Commission. 

3 ‘‘(d) DEFINITIONS.—For purposes of this section: 

4 ‘‘(1) BROADBAND INTERNET ACCESS SERV5 ICE.— 

6 ‘‘(A) IN GENERAL.—The term ‘broadband 

7 internet access service’ means a mass-market 

8 retail service by wire or radio that provides the 

9 capability to transmit data to and receive data 

10 from all or substantially all internet endpoints, 

11 including any capabilities that are incidental to 

12 and enable the operation of the communications 

13 service, but excluding dial-up internet access 

14 service. 

15 ‘‘(B) FUNCTIONAL EQUIVALENT; EVA16 SION.—The term includes any service that— 

17 ‘‘(i) the Commission finds to be pro18 viding a functional equivalent of the service 

19 described in subparagraph (A); or 

20 ‘‘(ii) is used to evade the protections 

21 set forth in this section. 

22 ‘‘(2) REASONABLE NETWORK MANAGEMENT.— 

23 ‘‘(A) IN GENERAL.—The term ‘reasonable 

24 network management’ means a network man25 agement practice that is appropriate and taiVerDate Sep 11 2014 01:31 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1006.IH H1006

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1 lored to achieving a legitimate network manage2 ment function, taking into account the par3 ticular network architecture or technology of 

4 the provider. 

5 ‘‘(B) INCLUSIONS.—The term includes ap6 propriate and tailored practices— 

7 ‘‘(i) to reduce or mitigate the effects 

8 of congestion on a broadband internet ac9 cess service provider’s network; 

10 ‘‘(ii) to ensure network security or in11 tegrity; 

12 ‘‘(iii) to address traffic that is harm13 ful to or unwanted by— 

14 ‘‘(I) users, including premises op15 erators; 

16 ‘‘(II) the provider’s network; or 

17 ‘‘(III) the internet; 

18 ‘‘(iv) to meet the needs of public safe19 ty; and 

20 ‘‘(v) to provide services or capabilities 

21 consistent with a consumer’s choices re22 garding parental control or security capa23 bilities. 

24 ‘‘(C) CONSIDERATIONS.—In determining 

25 whether a network management practice is reaVerDate Sep 11 2014 01:31 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1006.IH H1006

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1 sonable, the Commission shall consider tech2 nical requirements, standards, or best practices 

3 adopted by one or more independent, widely 

4 recognized internet community governance ini5 tiatives or standard-setting organizations.’’. 

Æ 


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