IB 
Union Calendar No. 303 
109TH CONGRESS 
2D SESSION 
H. R. 5417 
[Report No. 109–541] 
To amend the Clayton Act with respect to competitive and nondiscriminatory 
access to the Internet. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2006 
Mr. SENSENBRENNER (for himself, Mr. CONYERS, Mr. BOUCHER, and Ms. 
ZOE LOFGREN of California) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
JUNE 29, 2006 
Additional sponsors: Mr. ANDREWS and Mr. VISCLOSKY 
JUNE 29, 2006 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 18, 2006] 
A BILL 
To amend the Clayton Act with respect to competitive and 
nondiscriminatory access to the Internet. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Internet Freedom and 
Nondiscrimination Act of 2006’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are to promote competition, 
to facilitate trade, and to ensure competitive and non-
discriminatory access to the Internet. 
SEC. 3. AMENDMENTS TO THE CLAYTON ACT. 
The Clayton Act (15 U.S.C. 12 et seq.) is amended— 
(1) by redesignating section 28 as section 29, 
(2) by inserting after section 27 the following: 
‘‘DISCRIMINATION BY BROADBAND NETWORK PROVIDERS 
‘‘SEC. 28. (a) It shall be unlawful for any broadband 
network provider— 
‘‘(1) to fail to provide its broadband network 
services on reasonable and nondiscriminatory terms 
and conditions such that any person can offer or pro-
vide content, applications, or services to or over the 
network in a manner that is at least equal to the 
manner in which the provider or its affiliates offer 
content, applications, and services, free of any sur-
charge on the basis of the content, application, or 
service; 
‘‘(2) to refuse to interconnect its facilities with 
the facilities of another provider of broadband net-
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work services on reasonable and nondiscriminatory 
terms or conditions; 
‘‘(3)(A) to block, to impair, to discriminate 
against, or to interfere with the ability of any person 
to use a broadband network service to access, to use, 
to send, to receive, or to offer lawful content, applica-
tions or services over the Internet; or 
‘‘(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 phys-
ically damage or materially degrade other users’ utili-
zation of the network; or 
‘‘(5) to fail to clearly and conspicuously disclose 
to users, in plain language, accurate information con-
cerning any terms, conditions, or limitations on the 
broadband network service. 
‘‘(b) If a broadband network provider prioritizes or of-
fers 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 ownership 
of such data) without imposing a surcharge or other consid-
eration for such prioritization or enhanced quality of serv-
ice. 
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‘‘(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 manage-
ment function does not result in discrimination be-
tween content, applications, or services offered by the 
provider and unaffiliated provider; 
‘‘(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— 
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‘‘(A) a person that directly or indirectly 
owns, controls, is owned or controlled by, or is 
under the common ownership or control with an-
other 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 con-
tent or such service; 
‘‘(2) the term ‘broadband network provider’ 
means a person engaged in commerce that owns, con-
trols, operates, or resells any facility used to provide 
broadband network service to the public, by whatever 
technology and without regard to whether provided 
for a fee, in exchange for an explicit benefit, 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 average 
rate of at least 200 kilobits per second in at least one 
direction, irrespective of whether such transmission is 
provided separately or as a component of another 
service; and 
‘‘(4) the term ‘user’ means a person who takes 
and uses broadband network service, whether provided 
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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’’. 
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Union Calendar No. 303 
109TH CONGRESS 
2D SESSION 
H. R. 5417 
[Report No. 109–541] 
A BILL 
To amend the Clayton Act with respect to competi-
tive and nondiscriminatory access to the Internet. 
JUNE 29, 2006 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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