Promoting Internet Freedom and Innovation Act of 2019

To amend the Communications Act of 1934 to provide for open internet requirements for providers of broadband internet access service. 1. Short title This Act may be cited as the Promoting Internet Freedom and Innovation Act of 2019 2. Open internet requirements Title I of the Communications Act of 1934 ( 47 U.S.C. 151 14. Open internet requirements (a) Transparency Any person providing broadband internet access service shall publicly disclose accurate information regarding the network management practices, performance characteristics, and commercial terms of its broadband internet access services sufficient to enable consumers to make informed choices regarding the purchase and use of such services and entrepreneurs and other small businesses to develop, market, and maintain internet offerings. The disclosure shall be made via a publicly available, easily accessible website. (b) Prohibition on blocking, impairment and degradation, and paid prioritization A person engaged in the provision of broadband internet access service, insofar as the person is so engaged, may not— (1) block lawful content, applications, services, or nonharmful devices, subject to reasonable network management; (2) impair or degrade lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device, subject to reasonable network management; or (3) engage in paid prioritization. (c) Savings clause Nothing in this section— (1) supersedes any obligation or authorization a provider of broadband internet access service 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 limits the provider’s ability to do so; or (2) prohibits reasonable efforts by a provider of broadband internet access service to address copyright infringement or other unlawful activity. (d) Definitions In this section: (1) Broadband internet access service (A) In general The term broadband internet access service (B) Functional equivalent; evasion The term includes any service that— (i) the Commission finds to be providing a functional equivalent of the service described in subparagraph (A); or (ii) is used to evade the protections set forth in this section. (2) Edge provider The term edge provider (3) End user The term end user (4) Paid prioritization The term paid prioritization (A) in exchange for consideration, monetary or otherwise, from a third party; or (B) to benefit an affiliated entity. (5) Reasonable network management The term reasonable network management .

Summary: Promoting Internet Freedom and Innovation Act of 2019 This bill establishes transparency requirements for a provider of broadband internet service and prohibits a provider from taking certain actions to restrict content. Specifically, the bill requires a broadband internet provider to disclose accurate management practices, performance information, and commercial terms sufficient for consumers to make informed choices and for entrepreneurs and small businesses to develop, market, and maintain new internet offerings. Additionally a provider is barred from (1) blocking lawful content, applications, or services; (2) prohibiting the use of non-harmful devices; (3) throttling lawful internet traffic; or (4) engaging in paid prioritization.