I 

109TH CONGRESS 

2D SESSION H. R. 5273 

To promote open broadband networks and innovation, foster electronic 

commerce, and safeguard consumer access to online content and services. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 2, 2006 

Mr. MARKEY (for himself, Ms. ESHOO, Mr. BOUCHER, and Mr. INSLEE) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

A BILL 

To promote open broadband networks and innovation, foster 

electronic commerce, and safeguard consumer access to 

online content and services. 

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 ‘‘Network Neutrality 

5 Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


cprice-sewell on PROD1PC66 with BILLS
2 

•HR 5273 IH 

1 (1) Our Nation’s economy, education, and soci2 ety are increasingly dependent upon broadband tele3 communications networks. 

4 (2) These networks also hold the promise of ad5 vancing economic growth, job creation, and techno6 logical innovation. 

7 (3) As America becomes ever more reliant upon 

8 such broadband networks, unfettered access to 

9 broadband networks to offer content and services 

10 and run software applications over the Internet is 

11 vital. 

12 (4) The global leadership in high technology the 

13 United States provides today stems directly from 

14 historic policies that have ensured that telecommuni15 cations networks are open to all lawful uses and to 

16 all users. 

17 (5) The Internet was enabled by those historic 

18 policies and provides an open architecture medium 

19 for world-wide communications, providing low bar20 riers to entry for web-based content, applications, 

21 and services. 

22 (6) Due to recent Federal Communications 

23 Commission interpretations and court decisions, 

24 these features of the Internet are no longer certain, 

25 and erosion of these historic policies permits 


cprice-sewell on PROD1PC66 with BILLS
3 

•HR 5273 IH 

1 broadband network owners to claim they can control 

2 who can and who cannot offer content and services 

3 over the Internet utilizing their broadband networks. 

4 (7) The high technology economy would be se5 verely harmed if Internet content providers cannot 

6 reach consumers without interference from 

7 broadband network operators. 

8 (8) The overwhelming majority of residential 

9 consumers take broadband service from one of only 

10 two wireline providers, namely, from the cable oper11 ator or the local telephone company. 

12 (9) Broadband network operators have an eco13 nomic interest to discriminate in favor of their own 

14 services and against other online providers. 

15 (10) A network neutrality policy based upon the 

16 principle of nondiscrimination is essential to ensure 

17 that broadband telecommunications networks, in18 cluding the Internet, remain open to independent 

19 service and content providers. 

20 (11) A network neutrality policy is also essen21 tial to give certainty to entrepreneurs, innovators, 

22 investors, and others who rely upon the Internet for 

23 commercial reasons. 

24 (12) A network neutrality policy can also per25 mit broadband network operators to take action to 


cprice-sewell on PROD1PC66 with BILLS
4 

•HR 5273 IH 

1 protect network reliability, prevent spam, and thwart 

2 illegal uses in the same way that network operators 

3 have historically done so. 

4 (13) Because of the vital role that broadband 

5 networks and the Internet play for America’s eco6 nomic growth and our First Amendment rights to 

7 speak, the United States should adopt a clear policy 

8 endorsing the open nature of Internet communica9 tions and freely accessible broadband networks. 

10 SEC. 3. POLICY. 

11 It is the policy of the United States— 

12 (1) to maintain the freedom to use broadband 

13 telecommunications networks, including the Internet, 

14 without interference from network operators, as has 

15 been the policy for Internet commerce and the basis 

16 for user expectations since its inception; 

17 (2) to ensure that the Internet, and its succes18 sors, remain a vital force in the United States econ19 omy, thereby enabling the country to preserve its 

20 global leadership in online commerce and techno21 logical innovation; 

22 (3) to preserve and promote the open and inter23 connected nature of broadband networks that enable 

24 consumers to reach, and service providers to offer, 

25 lawful content, applications, and services of their 


cprice-sewell on PROD1PC66 with BILLS
5 

•HR 5273 IH 

1 choosing, using their selection of devices that do not 

2 harm the network; 

3 (4) to encourage escalating broadband trans4 mission speeds and capabilities that reflect the evolv5 ing nature of the broadband networks, including the 

6 Internet, and improvements in access technology, 

7 which enables consumers to use and enjoy, and serv8 ice providers to offer, a growing array of content, 

9 applications, and services; 

10 (5) to provide for disclosure by broadband net11 work operators of prices, terms, and conditions, and 

12 other relevant information, including information 

13 about the technical capabilities of broadband access 

14 provided to users, to inform their choices about serv15 ices they rely on to communicate and to detect prob16 lems; and 

17 (6) to ensure vigorous and prompt enforcement 

18 of this Act’s requirements to safeguard and promote 

19 competition, innovation, market certainty, and con20 sumer empowerment. 

21 SEC. 4. NET NEUTRALITY SAFEGUARDS. 

22 (a) IN GENERAL.—Each broadband network provider 

23 has the duty to— 

24 (1) enable users to utilize their broadband serv25 ice to access all lawful content, applications, and 


cprice-sewell on PROD1PC66 with BILLS
6 

•HR 5273 IH 

1 services available over broadband networks, includ2 ing the Internet; 

3 (2) not block, impair, degrade, discriminate 

4 against, or interfere with the ability of any person 

5 to utilize their broadband service to— 

6 (A) access, use, send, receive, or offer law7 ful content, applications, or services over 

8 broadband networks, including the Internet; or 

9 (B) attach any device to the provider’s net10 work and utilize such device in connection with 

11 broadband service, provided that any such de12 vice does not physically damage, or materially 

13 degrade other subscribers’ use of, the network; 

14 (3) clearly and conspicuously disclose to users, 

15 in plain language, accurate information about the 

16 speed, nature, and limitations of their broadband 

17 service; 

18 (4) offer, upon reasonable request to any per19 son, a broadband service for use by such person to 

20 offer or access unaffiliated content, applications, and 

21 services; 

22 (5) not discriminate in favor of itself in the al23 location, use, or quality of broadband services or 

24 interconnection with other broadband networks; 


cprice-sewell on PROD1PC66 with BILLS
7 

•HR 5273 IH 

1 (6) offer a service such that content, applica2 tions, or service providers can offer unaffiliated con3 tent, applications, or services in a manner that is at 

4 least equal to the speed and quality of service that 

5 the operator’s content, applications, or service is 

6 accessed and offered, and without interference or 

7 surcharges on the basis of such content, applica8 tions, or services; 

9 (7) if the broadband network provider 

10 prioritizes or offers enhanced quality of service to 

11 data of a particular type, prioritize or offer en12 hanced quality of service to all data of that type (re13 gardless of the origin of such data) without imposing 

14 a surcharge or other consideration for such 

15 prioritization or quality of service; and 

16 (8) not install network features, functions, or 

17 capabilities that thwart or frustrate compliance with 

18 the requirements or objectives of this section. 

19 (b) EXCEPTIONS.—Nothing in this section shall pro20 hibit a broadband network provider from implementing 

21 reasonable and nondiscriminatory measures to— 

22 (1) manage the functioning of its network, on 

23 a systemwide basis, provided that any such manage24 ment function does not result in discrimination beVerDate Aug 31 2005 08:21 May 03, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5273.IH H5273

cprice-sewell on PROD1PC66 with BILLS
8 

•HR 5273 IH 

1 tween content, applications, or services offered by 

2 the provider and unaffiliated providers; 

3 (2) offer varying levels of transmission speed or 

4 bandwith; 

5 (3) protect network security or the security of 

6 a user’s computer on the network; 

7 (4) offer consumer protection services (such as 

8 parental controls), provided that a user may refuse 

9 or disable such services; 

10 (5) carry or offer a cable service that requires 

11 management of the network to provide enhanced 

12 quality of service, provided that— 

13 (A) a broadband service subscriber may 

14 refuse to subscribe to, and avoid charges for, 

15 such cable service while obtaining broadband 

16 services from such operator; and 

17 (B) such carrying or offering does not vio18 late any of the duties set forth in subsection 

19 (a); or 

20 (6) where otherwise required by law, prevent 

21 any violation of Federal or State law. 

22 (c) IMPLEMENTATION.—Within 180 days after the 

23 date of enactment of this Act, the Commission shall adopt 

24 rules that— 


cprice-sewell on PROD1PC66 with BILLS
9 

•HR 5273 IH 

1 (1) permit any person to complain to the Com2 mission of anything done or omitted to be done in 

3 violation of any duty, obligation, or requirement 

4 under this section; 

5 (2) provide that any complaint filed at the 

6 Commission that alleges a violation of this section 

7 shall be deemed granted unless acted upon by the 

8 Commission within 90 days after its filing; 

9 (3) require the Commission, upon prima facie 

10 showing by a complainant of a violation of this sec11 tion, to issue within 48 hours of the filing of any 

12 such complaint, a cease-and-desist or other appro13 priate order against the violator until the complaint 

14 is fully resolved, and, if in the public interest, such 

15 order may affect classes of persons similarly situated 

16 to the complainant or the violator, and any such 

17 order shall be in effect until the Commission resolves 

18 the complaint with an order dismissing the com19 plaint or imposing appropriate remedies to resolve 

20 such complaint; and 

21 (4) enable the Commission to use mediation or 

22 arbitration or other means to resolve the dispute. 

23 (d) ENFORCEMENT.—This section shall be enforced 

24 under titles IV and V of the Communications Act of 1934 

25 (47 U.S.C. 401, 501 et seq.). A violation of any provision 


cprice-sewell on PROD1PC66 with BILLS
10 

•HR 5273 IH 

1 of this section shall be treated as a violation of the Com2 munications Act of 1934, except that the warning require3 ments of section 503(b) shall not apply. In addition to 

4 imposing fines under its title V authority, the Commission 

5 also is authorized to issue any order, including an order 

6 directing a broadband network operator to pay damages 

7 to a complaining party. 

8 (e) DEFINITIONS.—For purposes of this section: 

9 (1) BROADBAND NETWORK PROVIDER.—The 

10 term ‘‘broadband network provider’’ means a person 

11 or entity that owns, controls, or resells, facilities 

12 used in the transmission of a broadband service and 

13 includes any affiliate, joint venture partner, or agent 

14 of such provider. 

15 (2) BROADBAND SERVICE.—The term 

16 ‘‘broadband service’’ means a two-way transmission 

17 capability that— 

18 (A) enables the user to access content, ap19 plications, and services; 

20 (B) is delivered with or without a fee to 

21 the physical location of the user, regardless of 

22 the facilities used; 

23 (C) includes a transport speed of at least 

24 200 kilobits per second on average in at least 

25 one direction; and 


cprice-sewell on PROD1PC66 with BILLS
11 

•HR 5273 IH 

1 (D) permits a user to transmit or receive 

2 information of their own design or choosing. 

3 (3) AFFILIATE.—The term ‘‘affiliate’’ in4 cludes— 

5 (A) a person that directly or indirectly 

6 owns, controls, is owned or controlled by, or is 

7 under common ownership or control with, an8 other person; or 

9 (B) a person that has a contract or other 

10 arrangement with a content or service provider 

11 concerning access to, or distribution of, such 

12 content or services. 

Æ 


cprice-sewell on PROD1PC66 with BILLS