116TH CONGRESS 

1ST SESSION H. R. 1644 

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, 
2 

•HR 1644 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Save the Internet Act 

3 of 2019’’. 

4 SEC. 2. RESTORATION OF OPEN INTERNET ORDER. 

5 (a) REPEAL OF RULE.— 

6 (1) IN GENERAL.—The Declaratory Ruling, Re7 port and Order, and Order in the matter of restor8 ing internet freedom that was adopted by the Com9 mission on December 14, 2017 (FCC 17–166), shall 

10 have no force or effect. 

11 (2) PROHIBITION ON REISSUED RULE OR NEW

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

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

14 reissued in substantially the same form, and a new 

15 rule that is substantially the same as such Declara16 tory Ruling, Report and Order, and Order may not 

17 be issued, unless the reissued or new rule is specifi18 cally authorized by a law enacted after the date of 

19 the enactment of this Act. 

20 (b) RESTORATION OF REPEALED AND AMENDED

21 RULES.—The following are restored as in effect on Janu22 ary 19, 2017: 

23 (1) The Report and Order on Remand, Declara24 tory Ruling, and Order in the matter of protecting 

25 and promoting the open internet that was adopted 
3 

•HR 1644 EH

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

2 24). 

3 (2) Part 8 of title 47, Code of Federal Regula4 tions. 

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

6 amended or repealed by the Declaratory Ruling, Re7 port and Order, and Order described in subsection 

8 (a)(1). 

9 (c) DEFINITIONS.—In this section: 

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

11 means the Federal Communications Commission. 

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

13 2017.—The term ‘‘restored as in effect on January 

14 19, 2017’’ means, with respect to the Declaratory 

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

16 permanently reinstate the rules and legal interpreta17 tions set forth in such Declaratory Ruling and Order 

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

19 decision (as in effect on such date) to apply or for20 bear from applying a provision of the Communica21 tions Act of 1934 (47 U.S.C. 151 et seq.) or a regu22 lation of the Commission. 

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

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

25 States Code. 
4 

•HR 1644 EH

1 SEC. 3. EXCEPTION TO ENHANCEMENT TO TRANSPARENCY 

2 REQUIREMENTS RELATING TO PERFORM3 ANCE CHARACTERISTICS AND NETWORK 

4 PRACTICES FOR SMALL BUSINESSES. 

5 (a) IN GENERAL.—The enhancements to the trans6 parency rule relating to performance characteristics and 

7 network practices of the Commission under section 8.3 of 

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

9 paragraphs 165 through 184 of the Report and Order on 

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

11 protecting and promoting the open internet that was 

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

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

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

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

16 the enactment of this Act. 

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

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

19 shall submit to the Committee on Energy and Commerce 

20 of the House of Representatives and the Committee on 

21 Commerce, Science, and Transportation of the Senate a 

22 report that contains the recommendations of the Commis23 sion (and data supporting such recommendations) regard24 ing— 

25 (1) whether the exception provided by sub26 section (a) should be made permanent; and 
5 

•HR 1644 EH

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

2 business’’ for purposes of such exception should be 

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

4 (d) DEFINITIONS.—In this section: 

5 (1) BROADBAND INTERNET ACCESS SERVICE.— 

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

7 the meaning given such term in section 8.2 of title 

8 47, Code of Federal Regulations. 

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

10 means the Federal Communications Commission. 

11 (3) SMALL BUSINESS.—The term ‘‘small busi12 ness’’ means any provider of broadband Internet ac13 cess service that has not more than 100,000 sub14 scribers aggregated over all the provider’s affiliates. 

15 SEC. 4. GAO REPORT ON INTERNET ECOSYSTEM. 

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

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

18 shall submit to Congress a report examining the effect of 

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

20 of the internet ecosystem and whether such rules protect 

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

22 SEC. 5. REPORT. 

23 Not later than 3 days 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 
6 

•HR 1644 EH

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

3 that lists the 27 provisions of title II of the Communica4 tions Act of 1934 (47 U.S.C. 201 et seq.) and the over 

5 700 rules and regulations referred to in paragraphs 5 and 

6 37 of the Report and Order on Remand, Declaratory Rul7 ing, and Order described in section 2(b)(1). 

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

9 RULES TO VULNERABLE COMMUNITIES. 

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

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

12 of the United States shall submit to Congress a report 

13 examining the importance of the open internet rules to 

14 vulnerable communities. 

15 (b) DEFINITIONS.—In this section: 

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

17 internet rules’’ means the rules described in section 

18 2(b). 

19 (2) VULNERABLE COMMUNITIES.—The term 

20 ‘‘vulnerable communities’’ means— 

21 (A) ethnic and racial minorities; 

22 (B) socioeconomically disadvantaged 

23 groups; 

24 (C) rural populations; 

25 (D) individuals with disabilities; and 
7 

•HR 1644 EH

1 (E) the elderly. 

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

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

4 of this Act, the Federal Communications Commission shall 

5 submit to the Committee on Energy and Commerce of the 

6 House of Representatives and the Committee on Com7 merce, Science, and Transportation of the Senate a report 

8 that describes all enforcement actions taken by the Com9 mission under the rules described in section 2(b) since 

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

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

12 Commission to collect such fines and settlements, and the 

13 amounts of such fines and settlements collected. 

14 SEC. 8. GAO REPORT ON BROADBAND INTERNET ACCESS 

15 SERVICE COMPETITION. 

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

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

18 Committee on Energy and Commerce of the House of 

19 Representatives and the Committee on Commerce, 

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

21 (1) examines the efforts by the Federal Com22 munications Commission to assess competition for 

23 providers of broadband Internet access service (as 

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

25 Regulations) in the market; 
8 

•HR 1644 EH

1 (2) describes how the Commission can better 

2 assess competition; and 

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

4 the Commission can take to better increase competi5 tion among providers of broadband Internet access 

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

7 of Federal Regulations) in the market. 

8 SEC. 9. ENGAGEMENT AND OUTREACH IN INDIAN COUNTRY 

9 REGARDING THE IMPORTANCE OF ADDRESS10 ING THE UNIQUE BROADBAND INTERNET AC11 CESS SERVICE CHALLENGES. 

12 (a) ENGAGEMENT WITH TRIBAL COMMUNITIES TO

13 ADDRESS BROADBAND INTERNET ACCESS SERVICE

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

15 enactment of this Act, the Federal Communications Com16 mission shall engage with and obtain feedback from Tribal 

17 stakeholders and providers of broadband Internet access 

18 service (as defined in section 8.2 of title 47, Code of Fed19 eral Regulations) on the effectiveness of the Commission’s 

20 obligation to consult with Indian Tribes to determine 

21 whether the Commission needs to clarify the Commission’s 

22 Tribal engagement statement and ensure accessible and 

23 affordable broadband Internet access service (as defined 

24 in section 8.2 of title 47, Code of Federal Regulations) 
9 

•HR 1644 EH

1 in the Tribal lands and areas through the engagement and 

2 outreach. 

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

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

5 Census Bureau, just 53% of Native Americans living 

6 on Tribal lands have access to high-speed internet 

7 service. 

8 (2) The Government Accountability Office has 

9 found that the Federal Communications Commission 

10 data has overstated broadband availability and ac11 cess on Tribal lands in the United States. 

12 (3) A Federal court recently vacated a Federal 

13 Communications Commission order that limited Fed14 eral subsidies for wireless providers serving Tribal 

15 lands. 

16 (4) The United States Government, industry, 

17 and non-governmental organizations should do more 

18 to identify and address the unique broadband access 

19 challenges faced by individuals living on reservations 

20 and Tribal lands. 

21 SEC. 10. ACCURACY OF DATA UNDERLYING BROADBAND 

22 DEPLOYMENT REPORTS. 

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

24 (1) The Commission has released reports on its 

25 inquiries under section 706(b) of the Telecommuni-
10 

•HR 1644 EH

1 cations Act of 1996 (47 U.S.C. 1302(b)) that detail 

2 the state of the deployment of broadband service in 

3 the United States. 

4 (2) Congress and the Commission have relied 

5 upon the accuracy of such reports to develop 

6 broadband policy. 

7 (3) The findings of such reports have been par8 ticularly important to fostering rural broadband de9 ployment and broadband deployment to schools and 

10 classrooms. 

11 (b) REQUIREMENTS.—The Commission— 

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

13 under section 706(b) of the Telecommunications Act 

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

15 deployment data that the Commission knows to be 

16 inaccurate; and 

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

18 broadband deployment in the United States and cor19 rect inaccuracies in statements made by the Com20 mission prior to the release of a report about the re21 port. 

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

23 ‘‘Commission’’ means the Federal Communications Com24 mission. 
11 

•HR 1644 EH

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

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

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

4 the United States shall submit to Congress and the Fed5 eral Communications Commission a report that con6 tains— 

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

8 promote the deployment of broadband Internet ac9 cess service, especially the buildout of such service to 

10 rural areas and areas without access to such service 

11 at high speeds; and 

12 (2) recommendations with respect to policies 

13 and regulations to ensure rural areas are provided 

14 affordable access to broadband Internet access serv15 ice. 

16 (b) DEFINITIONS.—In this section: 

17 (1) BROADBAND INTERNET ACCESS SERVICE.— 

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

19 the meaning given such term in section 8.2 of title 

20 47, Code of Federal Regulations. 

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

22 means any area other than— 

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

24 has a population of more than 20,000 inhab25 itants; or 
12 

•HR 1644 EH

1 (B) an urbanized area contiguous and ad2 jacent to a city or town that has a population 

3 of more than 50,000 inhabitants. 

4 SEC. 12. GAO REPORT ON CHALLENGES TO ACCURATE 

5 MAPPING. 

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

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

8 the United States shall— 

9 (1) determine the accuracy and granularity of 

10 the maps produced by the Federal Communications 

11 Commission that depict wireline and wireless 

12 broadband Internet access service deployment in the 

13 United States; and 

14 (2) submit to Congress a report that— 

15 (A) identifies— 

16 (i) any program of the Federal Com17 munications Commission under a rule re18 stored under section 2(b) that relies on 

19 such maps, including any funding pro20 gram; and 

21 (ii) any action of the Federal Commu22 nications Commission taken under a rule 

23 restored under section 2(b) that relies on 

24 such maps, including any assessment of 

25 competition in an industry; and 
13 

•HR 1644 EH

1 (B) provides recommendations for how the 

2 Federal Communications Commission can 

3 produce more accurate, reliable, and granular 

4 maps that depict wireline and wireless 

5 broadband Internet access service deployment 

6 in the United States. 

7 (b) BROADBAND INTERNET ACCESS SERVICE DE8 FINED.—In this section, the term ‘‘broadband Internet ac9 cess service’’ has the meaning given such term in section 

10 8.2 of title 47, Code of Federal Regulations. 

11 SEC. 13. GAO REPORT ON BENEFITS OF STANDALONE 

12 BROADBAND. 

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

14 of enactment of this Act the Comptroller General of the 

15 United States shall transmit to the Committee on Energy 

16 and Commerce of the House of Representatives and the 

17 Committee on Commerce, Science, and Transportation of 

18 the Senate a report that assesses the benefits to con19 sumers of broadband internet access service being offered 

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

21 other services) by providers of broadband internet access. 

22 Such report shall include recommendations for legislation 

23 to increase the availability of standalone broadband inter24 net access service to consumers, particularly those living 

25 in rural areas. 
14 

•HR 1644 EH

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

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

3 provider of broadband internet access, as such term is de4 fined in section 8.2 of title 47, Code of Federal Regula5 tions. 

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

7 Not later than 30 days after the date of the enact8 ment of this Act, the Federal Communications Commis9 sion shall submit to Congress a report containing a plan 

10 for how the Commission will evaluate and address prob11 lems with the collection on Form 477 of data regarding 

12 the deployment of broadband Internet access service (as 

13 defined in section 8.2 of title 47, Code of Federal Regula14 tions). 

15 SEC. 15. LAWFUL CONTENT. 

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

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

18 matter of protecting and promoting the open internet that 

19 was adopted by the Federal Communications Commission 

20 on February 26, 2015 (FCC 15–24)— 

21 (1) nothing in this Act prohibits providers of 

22 broadband Internet access service from blocking con23 tent that is not lawful, such as child pornography or 

24 copyright-infringing materials; and 
15 

•HR 1644 EH

1 (2) nothing in this Act imposes any inde2 pendent legal obligation on providers of broadband 

3 Internet access service to be the arbiter of what is 

4 lawful content. 

5 (b) BROADBAND INTERNET ACCESS SERVICE DE6 FINED.—In this section, the term ‘‘broadband Internet ac7 cess service’’ has the meaning given such term in section 

8 8.2 of title 47, Code of Federal Regulations. 

Passed the House of Representatives April 10, 2019. 

Attest: 

Clerk. 
116TH CONGRESS 

1ST SESSION H. R. 1644 

AN ACT 

To restore the open internet order of the Federal 

Communications Commission.