‘‘(B) to impose an additional charge to avoid 
any conduct that is prohibited by this subsection; 
‘‘(4) to prohibit a user from attaching or using 
a device on the provider’s network that does not 
physically damage or materially degrade other users’ 
utilization of the network; or 
‘‘(5) to fail to clearly and conspicuously disclose 
to users, in plain language, accurate information 
concerning any terms, conditions, or limitations on 
the broadband network service. 
‘‘(b) If a broadband network provider prioritizes or 
offers enhanced quality of service to data of a particular 
type, it must prioritize or offer enhanced quality of service 
to all data of that type (regardless of the origin or owner-
ship of such data) without imposing a surcharge or other 
consideration for such prioritization or enhanced quality 
of service. 
‘‘(c) Nothing in this section shall be construed to pre-
vent a broadband network provider from taking reasonable 
and nondiscriminatory measures— 
‘‘(1) to manage the functioning of its network, 
on a systemwide basis, provided that any such man-
agement function does not result in discrimination 
between content, applications, or services offered by 
the provider and unaffiliated provider; 
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‘‘(2) to give priority to emergency communica-
tions; 
‘‘(3) to prevent a violation of a Federal or State 
law, or to comply with an order of a court to enforce 
such law; 
‘‘(4) to offer consumer protection services (such 
as parental controls), provided that a user may 
refuse or disable such services; 
‘‘(5) to offer special promotional pricing or 
other marketing initiatives; or 
‘‘(6) to prioritize or offer enhanced quality of 
service to all data of a particular type (regardless of 
the origin or ownership of such data) without impos-
ing a surcharge or other consideration for such 
prioritization or quality of service. 
‘‘(d) For purposes of this section— 
‘‘(1) the term ‘affiliate’ means— 
‘‘(A) a person that directly or indirectly 
owns, controls, is owned or controlled by, or is 
under the common ownership or control with 
another person; or 
‘‘(B) a person that has a contract or other 
arrangement with a content or service provider 
concerning access to, or distribution of, such 
content or such service; 
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‘‘(2) the term ‘broadband network provider’ 
means a person engaged in commerce that owns, 
controls, operates, or resells any facility used to pro-
vide broadband network service to the public, by 
whatever technology and without regard to whether 
provided for a fee, in exchange for an explicit ben-
efit, or for free; 
‘‘(3) the term ‘broadband network service’ 
means a 2-way transmission service that connects to 
the Internet and transmits information at an aver-
age rate of at least 200 kilobits per second in at 
least one direction, irrespective of whether such 
transmission is provided separately or as a compo-
nent of another service; and 
‘‘(4) the term ‘user’ means a person who takes 
and uses broadband network service, whether pro-
vided for a fee, in exchange for an explicit benefit, 
or for free.’’, and 
(3) by amending subsection (a) and the 1st sen-
tence of subsection (b) of section 11 by striking 
‘‘and 8’’ and inserting ‘‘8, and 28’’. 
Æ 
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