United States affirmed this determination that 
such service is not a common carrier service 
and is appropriately classified as an information 
service. 
(C) In 2005, the Commission issued a Re-
port and Order (20 FCC Rcd 14853) affirming 
the classification of wireline broadband Internet 
access service as an information service. 
(D) In 2007, the Commission issued a De-
claratory Ruling (22 FCC Rcd 5901) affirming 
the classification of wireless broadband Internet 
access service as an information service. 
(5) These Commission rulings unleashed tens of 
billions of dollars of investment in the Nation’s 
broadband networks, investment that would not have 
been made if broadband services were subject to 
common carrier requirements. 
SEC. 2. LIMITATION ON AUTHORITY OF FCC. 
(a) IN GENERAL.—Section 3 of the Communications 
Act of 1934 (47 U.S.C. 153) is amended as follows: 
(1) COMMON
CARRIER.—Paragraph (11) is 
amended by adding at the end the following: ‘‘Such 
term does not include a provider of an information 
service or of advanced telecommunications capability 
(as defined in section 706 of the Telecommuni-
VerDate Mar 15 2010 
05:52 Jun 03, 2014
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4752.IH
H4752
jbell on DSK4SPTVN1PROD with BILLS
cations Act of 1996 (47 U.S.C. 1302)) when en-
gaged in the provision of such service or capability.’’. 
(2) INFORMATION SERVICE.—Paragraph (24) is 
amended to read as follows: 
‘‘(24) INFORMATION SERVICE.—The term ‘in-
formation service’ means the offering of a capability 
for generating, acquiring, storing, transforming, 
processing, retrieving, utilizing, or making available 
information via telecommunications, and includes 
electronic publishing, but does not include— 
‘‘(A) a telecommunications service; or 
‘‘(B) any use of any such capability for the 
management, control, or operation of a tele-
communications system or the management of a 
telecommunications service. 
Such term includes broadband Internet access serv-
ice. A provider of an information service may not be 
treated as a telecommunications carrier under this 
Act when engaged in the provision of an information 
service, and may not be required to offer such serv-
ice or any component of such service as a tele-
communications service.’’. 
(3) TELECOMMUNICATIONS
CARRIER.—Para-
graph (51) is amended by adding at the end the fol-
lowing: ‘‘Such term does not include a provider of an 
VerDate Mar 15 2010 
05:52 Jun 03, 2014
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4752.IH
H4752
jbell on DSK4SPTVN1PROD with BILLS
information service or of advanced telecommuni-
cations capability (as defined in section 706 of the 
Telecommunications Act of 1996 (47 U.S.C. 1302)) 
when engaged in the provision of such service or ca-
pability.’’. 
(4) TELECOMMUNICATIONS
SERVICE.—Para-
graph (53) is amended by adding at the end the fol-
lowing: ‘‘Such term does not include any service that 
is an information service, any component of an in-
formation service, or advanced telecommunications 
capability (as defined in section 706 of the Tele-
communications Act of 1996 (47 U.S.C. 1302)).’’. 
(b) BROADBAND INTERNET ACCESS SERVICE DE-
FINED.—Section 3 of the Communications Act of 1934 is 
further amended— 
(1) by redesignating paragraphs (6) through 
(59) as paragraphs (7) through (60), respectively; 
and 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) BROADBAND
INTERNET
ACCESS
SERV-
ICE.—The term ‘broadband Internet access service’ 
means a mass-market retail service by wire or radio 
that provides the capability to transmit data to and 
receive data from all or substantially all Internet 
VerDate Mar 15 2010 
05:52 Jun 03, 2014
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4752.IH
H4752
jbell on DSK4SPTVN1PROD with BILLS
endpoints, including any capabilities that are inci-
dental to and enable the operation of the commu-
nications service, but excluding dial-up Internet ac-
cess service. Broadband Internet access service is an 
information service, and includes a service utilizing 
advanced telecommunications capability (as defined 
in section 706 of the Telecommunications Act of 
1996 (47 U.S.C. 1302)).’’. 
Æ 
VerDate Mar 15 2010 
05:52 Jun 03, 2014
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H4752.IH
H4752
jbell on DSK4SPTVN1PROD with BILLS