tween content, applications, or services offered by 
the provider and unaffiliated providers; 
(2) offer varying levels of transmission speed or 
bandwith; 
(3) protect network security or the security of 
a user’s computer on the network; 
(4) offer consumer protection services (such as 
parental controls), provided that a user may refuse 
or disable such services; 
(5) carry or offer a cable service that requires 
management of the network to provide enhanced 
quality of service, provided that— 
(A) a broadband service subscriber may 
refuse to subscribe to, and avoid charges for, 
such cable service while obtaining broadband 
services from such operator; and 
(B) such carrying or offering does not vio-
late any of the duties set forth in subsection 
(a); or 
(6) where otherwise required by law, prevent 
any violation of Federal or State law. 
(c) IMPLEMENTATION.—Within 180 days after the 
date of enactment of this Act, the Commission shall adopt 
rules that— 
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(1) permit any person to complain to the Com-
mission of anything done or omitted to be done in 
violation of any duty, obligation, or requirement 
under this section; 
(2) provide that any complaint filed at the 
Commission that alleges a violation of this section 
shall be deemed granted unless acted upon by the 
Commission within 90 days after its filing; 
(3) require the Commission, upon prima facie 
showing by a complainant of a violation of this sec-
tion, to issue within 48 hours of the filing of any 
such complaint, a cease-and-desist or other appro-
priate order against the violator until the complaint 
is fully resolved, and, if in the public interest, such 
order may affect classes of persons similarly situated 
to the complainant or the violator, and any such 
order shall be in effect until the Commission resolves 
the complaint with an order dismissing the com-
plaint or imposing appropriate remedies to resolve 
such complaint; and 
(4) enable the Commission to use mediation or 
arbitration or other means to resolve the dispute. 
(d) ENFORCEMENT.—This section shall be enforced 
under titles IV and V of the Communications Act of 1934 
(47 U.S.C. 401, 501 et seq.). A violation of any provision 
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of this section shall be treated as a violation of the Com-
munications Act of 1934, except that the warning require-
ments of section 503(b) shall not apply. In addition to 
imposing fines under its title V authority, the Commission 
also is authorized to issue any order, including an order 
directing a broadband network operator to pay damages 
to a complaining party. 
(e) DEFINITIONS.—For purposes of this section: 
(1) BROADBAND
NETWORK
PROVIDER.—The 
term ‘‘broadband network provider’’ means a person 
or entity that owns, controls, or resells, facilities 
used in the transmission of a broadband service and 
includes any affiliate, joint venture partner, or agent 
of such provider. 
(2) 
BROADBAND
SERVICE.—The 
term 
‘‘broadband service’’ means a two-way transmission 
capability that— 
(A) enables the user to access content, ap-
plications, and services; 
(B) is delivered with or without a fee to 
the physical location of the user, regardless of 
the facilities used; 
(C) includes a transport speed of at least 
200 kilobits per second on average in at least 
one direction; and 
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(D) permits a user to transmit or receive 
information of their own design or choosing. 
(3) AFFILIATE.—The term ‘‘affiliate’’ in-
cludes— 
(A) a person that directly or indirectly 
owns, controls, is owned or controlled by, or is 
under 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 
content or services. 
Æ 
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