I 
111TH CONGRESS 
2D SESSION 
H. R. 5257 
To prohibit the Federal Communications Commission from regulating infor-
mation services or Internet access services absent a market failure, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 11, 2010 
Mr. STEARNS (for himself, Mrs. BLACKBURN, Mrs. BONO MACK, Mr. BLUNT, 
Mr. RADANOVICH, Mr. LATTA, and Mr. UPTON) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To prohibit the Federal Communications Commission from 
regulating information services or Internet access serv-
ices absent a market failure, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Internet Investment, 
Innovation, and Competition Preservation Act’’. 
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SEC. 2. REQUIREMENTS FOR REGULATING INFORMATION 
SERVICES OR INTERNET ACCESS SERVICES. 
Title I of the Communications Act of 1934 (47 
U.S.C. 151 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 12. REQUIREMENTS FOR REGULATING INFORMATION 
SERVICES OR INTERNET ACCESS SERVICES. 
‘‘(a) MARKET
AND COST-BENEFIT ANALYSIS RE-
QUIRED.— 
‘‘(1) IN
GENERAL.—To the extent that the 
Commission has the authority to regulate the rates, 
terms, conditions, provisioning, or use of an infor-
mation service or an Internet access service, the 
Commission shall not regulate such rates, terms, 
conditions, provisioning, or use unless— 
‘‘(A) the Commission first transmits a re-
port to Congress concluding that— 
‘‘(i) there is a market failure in the 
provision of such information service or 
Internet access service; 
‘‘(ii) there is substantial evidence that 
the market failure is causing specific, iden-
tified harm to consumers by preventing a 
substantial number of consumers nation-
wide from accessing a substantial amount 
of lawful Internet content, applications, 
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and services of their choice on a continuing 
basis; and 
‘‘(iii) regulations are necessary to 
ameliorate the specific, identified harm to 
consumers resulting from the market fail-
ure; 
‘‘(B) in a notice of proposed rulemaking 
commenced after the transmission of such re-
port, the Commission— 
‘‘(i) proposes the specific text of the 
regulation to be adopted to ameliorate such 
specific, identified harm to consumers; 
‘‘(ii) conducts a cost-benefit analysis 
determining that the benefit of such regu-
lation exceeds its costs; and 
‘‘(iii) explains how imposing such reg-
ulation 
would 
not 
hinder 
ubiquitous 
broadband availability consistent with the 
national broadband plan that section 
6001(k) of the American Recovery and Re-
investment Act of 2009 (Public Law 111– 
5) requires the Commission to issue; 
‘‘(C) in an order issued after such notice 
of proposed rulemaking, the Commission pub-
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