I 
114TH CONGRESS 
1ST SESSION 
H. R. 279 
To amend the Communications Act of 1934 to limit the authority of the 
Federal Communications Commission over providers of broadband Inter-
net access service. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 12, 2015 
Mr. LATTA (for himself, Mr. JONES, Mr. WEBER of Texas, and Mr. RANGEL) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To amend the Communications Act of 1934 to limit the 
authority of the Federal Communications Commission 
over providers of broadband Internet access service. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds the following: 
(1) The Internet is a powerful engine for eco-
nomic growth that has remained open, free, and ac-
cessible without government regulation since its en-
trance into the public sphere. 
VerDate Sep 11 2014 
19:41 Jan 20, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H279.IH
H279
emcdonald on DSK67QTVN1PROD with BILLS
(2) Title II of the Communications Act of 1934 
was designed for the monopoly telephone system in 
1934 and has its origins in 19th century shipping 
regulations. 
(3) Imposing the obligations and requirements 
of title II of such Act on broadband Internet access 
service would severely harm broadband investment 
and 
create 
myriad 
negative 
unintended 
con-
sequences. 
(4) The Federal Communications Commission 
has 
consistently 
taken 
actions 
that 
classify 
broadband Internet access service, even in different 
forms, as an information service. Such actions in-
clude the following: 
(A) In 1998, Chairman Bill Kennard 
issued a Report to Congress finding that Inter-
net access is an information service with a tele-
communications component. 
(B) In 2002, the Commission issued a De-
claratory 
Ruling 
(17 
FCC 
Rcd 
4798) 
classifying cable modem broadband Internet ac-
cess service as an information service. In the 
2005 case of National Cable & Telecommuni-
cations Association v. Brand X Internet Serv-
ices (545 U.S. 967), the Supreme Court of the 
VerDate Sep 11 2014 
19:41 Jan 20, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H279.IH
H279
emcdonald on DSK67QTVN1PROD with BILLS
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 Sep 11 2014 
19:41 Jan 20, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H279.IH
H279
emcdonald on DSK67QTVN1PROD 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 Sep 11 2014 
19:41 Jan 20, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H279.IH
H279
emcdonald on DSK67QTVN1PROD 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 Sep 11 2014 
19:41 Jan 20, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H279.IH
H279
emcdonald on DSK67QTVN1PROD 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 Sep 11 2014 
19:41 Jan 20, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H279.IH
H279
emcdonald on DSK67QTVN1PROD with BILLS