II 

Calendar No. 74 

116TH CONGRESS 

1ST SESSION H. R. 1644 

IN THE SENATE OF THE UNITED STATES 

APRIL 11, 2019 

Received; read the first time 

APRIL 29, 2019 

Read the second time and placed on the calendar 

AN ACT 

To restore the open internet order of the Federal 

Communications Commission. 

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 ‘‘Save the Internet Act 

5 of 2019’’. 

6 SEC. 2. RESTORATION OF OPEN INTERNET ORDER. 

7 (a) REPEAL OF RULE.— 

8 (1) IN GENERAL.—The Declaratory Ruling, Re9 port and Order, and Order in the matter of restor10 ing internet freedom that was adopted by the ComVerDate Sep 11 2014 23:18 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1644.PCS H1644

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1 mission on December 14, 2017 (FCC 17–166), shall 

2 have no force or effect. 

3 (2) PROHIBITION ON REISSUED RULE OR NEW

4 RULE.—The Declaratory Ruling, Report and Order, 

5 and Order described in paragraph (1) may not be 

6 reissued in substantially the same form, and a new 

7 rule that is substantially the same as such Declara8 tory Ruling, Report and Order, and Order may not 

9 be issued, unless the reissued or new rule is specifi10 cally authorized by a law enacted after the date of 

11 the enactment of this Act. 

12 (b) RESTORATION OF REPEALED AND AMENDED

13 RULES.—The following are restored as in effect on Janu14 ary 19, 2017: 

15 (1) The Report and Order on Remand, Declara16 tory Ruling, and Order in the matter of protecting 

17 and promoting the open internet that was adopted 

18 by the Commission on February 26, 2015 (FCC 15– 

19 24). 

20 (2) Part 8 of title 47, Code of Federal Regula21 tions. 

22 (3) Any other rule of the Commission that was 

23 amended or repealed by the Declaratory Ruling, Re24 port and Order, and Order described in subsection 

25 (a)(1). 


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1 (c) DEFINITIONS.—In this section: 

2 (1) COMMISSION.—The term ‘‘Commission’’ 

3 means the Federal Communications Commission. 

4 (2) RESTORED AS IN EFFECT ON JANUARY 19, 

5 2017.—The term ‘‘restored as in effect on January 

6 19, 2017’’ means, with respect to the Declaratory 

7 Ruling and Order described in subsection (b)(1), to 

8 permanently reinstate the rules and legal interpreta9 tions set forth in such Declaratory Ruling and Order 

10 (as in effect on January 19, 2017), including any 

11 decision (as in effect on such date) to apply or for12 bear from applying a provision of the Communica13 tions Act of 1934 (47 U.S.C. 151 et seq.) or a regu14 lation of the Commission. 

15 (3) RULE.—The term ‘‘rule’’ has the meaning 

16 given such term in section 804 of title 5, United 

17 States Code. 

18 SEC. 3. EXCEPTION TO ENHANCEMENT TO TRANSPARENCY 

19 REQUIREMENTS RELATING TO PERFORM20 ANCE CHARACTERISTICS AND NETWORK 

21 PRACTICES FOR SMALL BUSINESSES. 

22 (a) IN GENERAL.—The enhancements to the trans23 parency rule relating to performance characteristics and 

24 network practices of the Commission under section 8.3 of 

25 title 47, Code of Federal Regulations, as described in 


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1 paragraphs 165 through 184 of the Report and Order on 

2 Remand, Declaratory Ruling, and Order in the matter of 

3 protecting and promoting the open internet that was 

4 adopted by the Commission February 26, 2015 (FCC 15– 

5 24), shall not apply to any small business. 

6 (b) SUNSET.—Subsection (a) shall not have any force 

7 or effect after the date that is 1 year after the date of 

8 the enactment of this Act. 

9 (c) REPORT BY FCC.—Not later than 180 days after 

10 the date of the enactment of this Act, the Commission 

11 shall submit to the Committee on Energy and Commerce 

12 of the House of Representatives and the Committee on 

13 Commerce, Science, and Transportation of the Senate a 

14 report that contains the recommendations of the Commis15 sion (and data supporting such recommendations) regard16 ing— 

17 (1) whether the exception provided by sub18 section (a) should be made permanent; and 

19 (2) whether the definition of the term ‘‘small 

20 business’’ for purposes of such exception should be 

21 modified from the definition in subsection (d)(3). 

22 (d) DEFINITIONS.—In this section: 

23 (1) BROADBAND INTERNET ACCESS SERVICE.— 

24 The term ‘‘broadband Internet access service’’ has 


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1 the meaning given such term in section 8.2 of title 

2 47, Code of Federal Regulations. 

3 (2) COMMISSION.—The term ‘‘Commission’’ 

4 means the Federal Communications Commission. 

5 (3) SMALL BUSINESS.—The term ‘‘small busi6 ness’’ means any provider of broadband Internet ac7 cess service that has not more than 100,000 sub8 scribers aggregated over all the provider’s affiliates. 

9 SEC. 4. GAO REPORT ON INTERNET ECOSYSTEM. 

10 Not later than 1 year after the date of the enactment 

11 of this Act, the Comptroller General of the United States 

12 shall submit to Congress a report examining the effect of 

13 the rules described in section 2(b) on the virtuous cycle 

14 of the internet ecosystem and whether such rules protect 

15 the access of consumers to a free and open internet. 

16 SEC. 5. REPORT. 

17 Not later than 3 days after the date of the enactment 

18 of this Act, the Federal Communications Commission shall 

19 submit to the Committee on Energy and Commerce of the 

20 House of Representatives and the Committee on Com21 merce, Science, and Transportation of the Senate a report 

22 that lists the 27 provisions of title II of the Communica23 tions Act of 1934 (47 U.S.C. 201 et seq.) and the over 

24 700 rules and regulations referred to in paragraphs 5 and 


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1 37 of the Report and Order on Remand, Declaratory Rul2 ing, and Order described in section 2(b)(1). 

3 SEC. 6. GAO REPORT ON IMPORTANCE OF OPEN INTERNET 

4 RULES TO VULNERABLE COMMUNITIES. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of the enactment of this Act, the Comptroller General 

7 of the United States shall submit to Congress a report 

8 examining the importance of the open internet rules to 

9 vulnerable communities. 

10 (b) DEFINITIONS.—In this section: 

11 (1) OPEN INTERNET RULES.—The term ‘‘open 

12 internet rules’’ means the rules described in section 

13 2(b). 

14 (2) VULNERABLE COMMUNITIES.—The term 

15 ‘‘vulnerable communities’’ means— 

16 (A) ethnic and racial minorities; 

17 (B) socioeconomically disadvantaged 

18 groups; 

19 (C) rural populations; 

20 (D) individuals with disabilities; and 

21 (E) the elderly. 

22 SEC. 7. REPORT BY FCC ON ENFORCEMENT ACTIONS. 

23 Not later than 1 year after the date of the enactment 

24 of this Act, the Federal Communications Commission shall 

25 submit to the Committee on Energy and Commerce of the 


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1 House of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate a report 

3 that describes all enforcement actions taken by the Com4 mission under the rules described in section 2(b) since 

5 such date of enactment, including the amount of each fine 

6 imposed or settlement agreed to, the actions taken by the 

7 Commission to collect such fines and settlements, and the 

8 amounts of such fines and settlements collected. 

9 SEC. 8. GAO REPORT ON BROADBAND INTERNET ACCESS 

10 SERVICE COMPETITION. 

11 Not later than 1 year after the date of the enactment 

12 of this Act, the Comptroller General shall submit to the 

13 Committee on Energy and Commerce of the House of 

14 Representatives and the Committee on Commerce, 

15 Science, and Transportation of the Senate a report that— 

16 (1) examines the efforts by the Federal Com17 munications Commission to assess competition for 

18 providers of broadband Internet access service (as 

19 defined in section 8.2 of title 47, Code of Federal 

20 Regulations) in the market; 

21 (2) describes how the Commission can better 

22 assess competition; and 

23 (3) includes a description of the steps, if any, 

24 the Commission can take to better increase competi25 tion among providers of broadband Internet access 


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1 service (as defined in section 8.2 of title 47, Code 

2 of Federal Regulations) in the market. 

3 SEC. 9. ENGAGEMENT AND OUTREACH IN INDIAN COUNTRY 

4 REGARDING THE IMPORTANCE OF ADDRESS5 ING THE UNIQUE BROADBAND INTERNET AC6 CESS SERVICE CHALLENGES. 

7 (a) ENGAGEMENT WITH TRIBAL COMMUNITIES TO

8 ADDRESS BROADBAND INTERNET ACCESS SERVICE

9 NEEDS.—Not later than 3 months after the date of the 

10 enactment of this Act, the Federal Communications Com11 mission shall engage with and obtain feedback from Tribal 

12 stakeholders and providers of broadband Internet access 

13 service (as defined in section 8.2 of title 47, Code of Fed14 eral Regulations) on the effectiveness of the Commission’s 

15 obligation to consult with Indian Tribes to determine 

16 whether the Commission needs to clarify the Commission’s 

17 Tribal engagement statement and ensure accessible and 

18 affordable broadband Internet access service (as defined 

19 in section 8.2 of title 47, Code of Federal Regulations) 

20 in the Tribal lands and areas through the engagement and 

21 outreach. 

22 (b) FINDINGS.—The Congress finds the following: 

23 (1) According to an estimate from the U.S. 

24 Census Bureau, just 53% of Native Americans living 


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1 on Tribal lands have access to high-speed internet 

2 service. 

3 (2) The Government Accountability Office has 

4 found that the Federal Communications Commission 

5 data has overstated broadband availability and ac6 cess on Tribal lands in the United States. 

7 (3) A Federal court recently vacated a Federal 

8 Communications Commission order that limited Fed9 eral subsidies for wireless providers serving Tribal 

10 lands. 

11 (4) The United States Government, industry, 

12 and non-governmental organizations should do more 

13 to identify and address the unique broadband access 

14 challenges faced by individuals living on reservations 

15 and Tribal lands. 

16 SEC. 10. ACCURACY OF DATA UNDERLYING BROADBAND 

17 DEPLOYMENT REPORTS. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) The Commission has released reports on its 

20 inquiries under section 706(b) of the Telecommuni21 cations Act of 1996 (47 U.S.C. 1302(b)) that detail 

22 the state of the deployment of broadband service in 

23 the United States. 


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1 (2) Congress and the Commission have relied 

2 upon the accuracy of such reports to develop 

3 broadband policy. 

4 (3) The findings of such reports have been par5 ticularly important to fostering rural broadband de6 ployment and broadband deployment to schools and 

7 classrooms. 

8 (b) REQUIREMENTS.—The Commission— 

9 (1) may not release a report on an inquiry 

10 under section 706(b) of the Telecommunications Act 

11 of 1996 (47 U.S.C. 1302(b)) based on broadband 

12 deployment data that the Commission knows to be 

13 inaccurate; and 

14 (2) shall use its best efforts to accurately detail 

15 broadband deployment in the United States and cor16 rect inaccuracies in statements made by the Com17 mission prior to the release of a report about the re18 port. 

19 (c) COMMISSION DEFINED.—In this section, the term 

20 ‘‘Commission’’ means the Federal Communications Com21 mission. 

22 SEC. 11. GAO REPORT ON HIGH-SPEED INFRASTRUCTURE. 

23 (a) REPORT.—Not later than 1 year after the date 

24 of the enactment of this Act, the Comptroller General of 

25 the United States shall submit to Congress and the FedVerDate Sep 11 2014 23:18 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1644.PCS H1644

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1 eral Communications Commission a report that con2 tains— 

3 (1) a list of ways the Federal Government can 

4 promote the deployment of broadband Internet ac5 cess service, especially the buildout of such service to 

6 rural areas and areas without access to such service 

7 at high speeds; and 

8 (2) recommendations with respect to policies 

9 and regulations to ensure rural areas are provided 

10 affordable access to broadband Internet access serv11 ice. 

12 (b) DEFINITIONS.—In this section: 

13 (1) BROADBAND INTERNET ACCESS SERVICE.— 

14 The term ‘‘broadband Internet access service’’ has 

15 the meaning given such term in section 8.2 of title 

16 47, Code of Federal Regulations. 

17 (2) RURAL AREA.—The term ‘‘rural area’’ 

18 means any area other than— 

19 (A) a city, town, or incorporated area that 

20 has a population of more than 20,000 inhab21 itants; or 

22 (B) an urbanized area contiguous and ad23 jacent to a city or town that has a population 

24 of more than 50,000 inhabitants. 


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1 SEC. 12. GAO REPORT ON CHALLENGES TO ACCURATE 

2 MAPPING. 

3 (a) REPORT.—Not later than 1 year after the date 

4 of the enactment of this Act, the Comptroller General of 

5 the United States shall— 

6 (1) determine the accuracy and granularity of 

7 the maps produced by the Federal Communications 

8 Commission that depict wireline and wireless 

9 broadband Internet access service deployment in the 

10 United States; and 

11 (2) submit to Congress a report that— 

12 (A) identifies— 

13 (i) any program of the Federal Com14 munications Commission under a rule re15 stored under section 2(b) that relies on 

16 such maps, including any funding pro17 gram; and 

18 (ii) any action of the Federal Commu19 nications Commission taken under a rule 

20 restored under section 2(b) that relies on 

21 such maps, including any assessment of 

22 competition in an industry; and 

23 (B) provides recommendations for how the 

24 Federal Communications Commission can 

25 produce more accurate, reliable, and granular 

26 maps that depict wireline and wireless 


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1 broadband Internet access service deployment 

2 in the United States. 

3 (b) BROADBAND INTERNET ACCESS SERVICE DE4 FINED.—In this section, the term ‘‘broadband Internet ac5 cess service’’ has the meaning given such term in section 

6 8.2 of title 47, Code of Federal Regulations. 

7 SEC. 13. GAO REPORT ON BENEFITS OF STANDALONE 

8 BROADBAND. 

9 (a) REPORT.—Not later than 1 year after the date 

10 of enactment of this Act the Comptroller General of the 

11 United States shall transmit to the Committee on Energy 

12 and Commerce of the House of Representatives and the 

13 Committee on Commerce, Science, and Transportation of 

14 the Senate a report that assesses the benefits to con15 sumers of broadband internet access service being offered 

16 on a standalone basis (and not as part of a bundle with 

17 other services) by providers of broadband internet access. 

18 Such report shall include recommendations for legislation 

19 to increase the availability of standalone broadband inter20 net access service to consumers, particularly those living 

21 in rural areas. 

22 (b) DEFINITION.—As used in subsection (a), the 

23 term ‘‘provider of broadband internet access’’ means a 

24 provider of broadband internet access, as such term is deVerDate Sep 11 2014 23:18 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1644.PCS H1644

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1 fined in section 8.2 of title 47, Code of Federal Regula2 tions. 

3 SEC. 14. PLAN RELATING TO FORM 477 DATA COLLECTION. 

4 Not later than 30 days after the date of the enact5 ment of this Act, the Federal Communications Commis6 sion shall submit to Congress a report containing a plan 

7 for how the Commission will evaluate and address prob8 lems with the collection on Form 477 of data regarding 

9 the deployment of broadband Internet access service (as 

10 defined in section 8.2 of title 47, Code of Federal Regula11 tions). 

12 SEC. 15. LAWFUL CONTENT. 

13 (a) IN GENERAL.—As described in the Report and 

14 Order on Remand, Declaratory Ruling, and Order in the 

15 matter of protecting and promoting the open internet that 

16 was adopted by the Federal Communications Commission 

17 on February 26, 2015 (FCC 15–24)— 

18 (1) nothing in this Act prohibits providers of 

19 broadband Internet access service from blocking con20 tent that is not lawful, such as child pornography or 

21 copyright-infringing materials; and 

22 (2) nothing in this Act imposes any inde23 pendent legal obligation on providers of broadband 

24 Internet access service to be the arbiter of what is 

25 lawful content. 


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1 (b) BROADBAND INTERNET ACCESS SERVICE DE2 FINED.—In this section, the term ‘‘broadband Internet ac3 cess service’’ has the meaning given such term in section 

4 8.2 of title 47, Code of Federal Regulations. 

Passed the House of Representatives April 10, 2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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Calendar No. 74 

116TH CONGRESS 

1ST SESSION H. R. 1644 

AN ACT 

To restore the open internet order of the Federal 

Communications Commission. 

APRIL 29, 2019 

Read the second time and placed on the calendar 


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