I 

116TH CONGRESS 

1ST SESSION H. R. 1860 

To prohibit the Federal Communications Commission from regulating the 

rates charged for broadband internet access service. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2019 

Mr. KINZINGER (for himself, Mr. SCALISE, Mr. LONG, Mr. GUTHRIE, and Mr. 

JOHNSON of Ohio) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To prohibit the Federal Communications Commission from 

regulating the rates charged for broadband internet access service. 

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 ‘‘No Rate Regulation 

5 of Broadband Internet Access Act’’. 

6 SEC. 2. REGULATION OF BROADBAND RATES PROHIBITED. 

7 Notwithstanding any other provision of law, the Fed8 eral Communications Commission may not regulate the 

9 rates charged for broadband internet access service. 


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•HR 1860 IH

1 SEC. 3. EXCEPTIONS. 

2 Nothing in this Act shall be construed to affect the 

3 authority of the Commission to— 

4 (1) condition receipt of universal service sup5 port under section 254 of the Communications Act 

6 of 1934 (47 U.S.C. 254) by a provider of broadband 

7 internet access service on the regulation of the rates 

8 charged by such provider for the supported service; 

9 (2) enforce subpart Y of part 64 of title 47, 

10 Code of Federal Regulations (relating to truth-in11 billing requirements); or 

12 (3) prohibit or restrict paid prioritization. 

13 SEC. 4. ADDITIONAL RULE OF CONSTRUCTION. 

14 For purposes of this Act, broadband internet access 

15 service shall not be construed to include data roaming or 

16 interconnection. 

17 SEC. 5. DEFINITIONS. 

18 In this Act: 

19 (1) BROADBAND INTERNET ACCESS SERVICE.— 

20 The term ‘‘broadband internet access service’’ has 

21 the meaning given such term in section 8.1 of title 

22 47, Code of Federal Regulations. 

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

24 means the Federal Communications Commission. 

25 (3) PAID PRIORITIZATION.—The term ‘‘paid 

26 prioritization’’ means the management of the netVerDate Sep 11 2014 02:06 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 work of a provider of broadband internet access 

2 service to directly or indirectly favor some traffic 

3 over other traffic, including through use of tech4 niques such as traffic shaping, prioritization, re5 source reservation, or other forms of preferential 

6 traffic management, either— 

7 (A) in exchange for consideration (mone8 tary or otherwise) from a third party; or 

9 (B) to benefit an affiliated entity. 

10 (4) RATE.—The term ‘‘rate’’ means the amount 

11 charged by a provider of broadband internet access 

12 service for the delivery of broadband internet traffic. 

13 (5) REGULATION.—The term ‘‘regulation’’ or 

14 ‘‘regulate’’ means, with respect to a rate, the use by 

15 the Commission of rulemaking or enforcement au16 thority to establish, declare, or review the reason17 ableness of such rate. 

Æ 


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