Online Competition and Consumer Choice Act of 2015

To direct the Federal Communications Commission to promulgate regulations that prohibit certain preferential treatment or prioritization of Internet traffic. 1. Short title This Act may be cited as the Online Competition and Consumer Choice Act of 2015 2. FCC regulations prohibiting certain preferential treatment or prioritization of Internet traffic (a) In general Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations that— (1) prohibit a broadband provider from entering into an agreement with an edge provider under which the broadband provider agrees, for consideration, in transmitting network traffic over the broadband Internet access service of an end user, to give preferential treatment or priority to the traffic of such edge provider over the traffic of other edge providers; and (2) prohibit a broadband provider, in transmitting network traffic over the broadband Internet access service of an end user, from giving preferential treatment or priority to the traffic of content, applications, services, or devices that are provided or operated by such broadband provider, or an affiliate of such broadband provider, over the traffic of other content, applications, services, or devices. (b) Rules of construction (1) Certain traffic not affected Nothing in this section shall be construed as superseding any obligation or authorization a broadband provider may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or as limiting the ability of the provider to do so. (2) Clarification of authority Nothing in this section shall be construed as limiting the authority of the Commission under any other provision of law, including the authority to promulgate regulations prohibiting or limiting preferential treatment or prioritization of the traffic of an edge provider by a broadband provider under GN Docket No. 14–28 (relating to the matter of protecting and promoting the open Internet). (c) Enforcement For purposes of sections 503(b) and 504 of the Communications Act of 1934 ( 47 U.S.C. 503(b) (1) Paragraph (5) shall not apply. (2) Paragraph (6) shall be applied by substituting the following: No forfeiture penalty shall be determined or imposed against any person under this subsection if the violation charged occurred more than 3 years prior to the date of issuance of the required notice or notice of apparent liability. (d) Definitions In this section: (1) Affiliate The term affiliate 47 U.S.C. 153 (2) Broadband Internet access service The term broadband Internet access service section 8.11 (3) Broadband provider The term broadband provider (4) Commission The term Commission (5) Edge provider The term edge provider (A) any content, application, or service over the Internet; or (B) a device used for accessing any content, application, or service over the Internet. (6) End user The term end user

Summary: Online Competition and Consumer Choice Act of 2015 Directs the Federal Communications Commission to promulgate regulations that prohibit broadband providers, in transmitting network traffic over the broadband Internet access service of an end user, from: (1) entering an agreement with an edge provider (a provider of Internet content, applications, services, or access devices) to give preferential treatment or priority to the traffic of such edge provider in exchange for consideration (commonly referred to as "paid prioritization"); and (2) giving preferential treatment or priority to content, applications, services, or devices that are provided or operated by such broadband provider or an affiliate of such broadband provider. Prohibits this Act from superseding any obligation or authorization of a broadband provider to address the needs of emergency communications, law enforcement, public safety, or national security authorities. Sets forth enforcement authority under the Communications Act of 1934, with modified forfeiture standards.