‘‘(7) ensure that private transmission capacity 
services are not offered in an anticompetitive, unrea-
sonable, discriminatory, or deceptive manner. 
‘‘(h) IMPLEMENTATION.—Not later than 180 days 
after the date of enactment of the Internet Freedom Pres-
ervation Act of 2009, the Commission shall— 
‘‘(1) prescribe rules to permit any aggrieved 
person to file a complaint with the Commission con-
cerning any violation of this section; 
‘‘(2) establish enforcement and expedited adju-
dicatory review procedures consistent with the objec-
tives of this section, including the resolution of any 
complaint described in paragraph (1) not later than 
90 days after such complaint was filed, except for 
good cause shown; 
‘‘(3) prescribe rules with respect to the reason-
able network management practices described under 
subsection (d) for all Internet access services; and 
‘‘(4) prescribe rules with respect to the appro-
priate disclosure obligations under subsection (e) for 
private transmission capacity services. 
‘‘(i) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Commission shall en-
force compliance with this section under title V, ex-
cept that— 
VerDate Nov 24 2008 
21:33 Aug 03, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3458.IH
H3458
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(A) no forfeiture liability shall be deter-
mined under section 503(b) against any person 
unless such person receives the notice required 
by section 503(b)(3) or section 503(b)(4); and 
‘‘(B) the provisions of section 503(b)(5) 
shall not apply. 
‘‘(2) SPECIAL
ORDERS.—In addition to any 
other remedy provided under this Act, the Commis-
sion may issue any appropriate order, including an 
order— 
‘‘(A) directing an Internet access service 
provider to pay damages to a complaining party 
for a violation of this section or the regulations 
promulgated pursuant to this section; or 
‘‘(B) to enforce the provisions of this sec-
tion. 
‘‘(j) ILLEGAL CONDUCT.—Nothing in this Act shall 
be construed or interpreted to affect any law or regulation 
addressing prohibited or unlawful activity, including any 
laws or regulations prohibiting theft of content. 
‘‘(k) DEFINITIONS.—For purposes of this section, the 
following definitions apply: 
‘‘(1) INTERNET
ACCESS
SERVICE.—The term 
‘Internet access service’ means a 2-way transmission 
offered by an Internet access service provider that 
VerDate Nov 24 2008 
21:33 Aug 03, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3458.IH
H3458
srobinson on DSKHWCL6B1PROD with BILLS
transmits information between 2 or more points and 
that has as its primary, but not exclusive, purpose 
the enabling of data to be sent or received from the 
Internet. 
‘‘(2) INTERNET ACCESS SERVICE PROVIDER.— 
The term ‘Internet access service provider’ means a 
person or entity that operates or resells and controls 
any facility used to provide an Internet access serv-
ice directly to the public, whether provided for a fee 
or for free, and whether provided via wire or radio, 
except when such service is offered as an incidental 
component of a noncommunications contractual rela-
tionship. 
‘‘(3) USER.—The term ‘user’ means any resi-
dential or business subscriber who, by way of an 
Internet access service, takes and utilizes Internet 
access services, whether provided for a fee, in ex-
change for an explicit benefit, or for free. 
‘‘(4) REASONABLE NETWORK MANAGEMENT.— 
The term ‘reasonable network management’ shall be 
defined by the Commission through regulations.’’. 
Æ 
VerDate Nov 24 2008 
21:33 Aug 03, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H3458.IH
H3458
srobinson on DSKHWCL6B1PROD with BILLS