‘‘(B) no State commission shall have any
authority to take any action with respect to
Internet information services that is inconsist-
ent with, or that would substantially frustrate,
an action taken by the Commission with respect
to such services, including an action to with-
draw, or refrain from, regulation of such serv-
ices.
‘‘(3) EXCEPTIONS
TO
FEDERAL
AND
STATE
LIMITATIONS.—
‘‘(A) ACCESS
TO
TELECOMMUNICATIONS
SERVICES.—Nothing in this subsection shall
prohibit the Commission or a State commission
from—
‘‘(i) prohibiting any incumbent local
exchange carrier that is engaged in the
provision of Internet information services
from subsidizing its provision of such serv-
ices from revenues obtained from the pro-
vision of telephone exchange service, tele-
phone toll service, or telephone exchange
access service; or
‘‘(ii) prohibiting any incumbent local
exchange carrier from preferring or dis-
criminating in favor of its Internet infor-
mation service operations in its provision
of telecommunications service.
‘‘(B) TELECOMMUNICATIONS
ACT
IMPLE-
MENTATION.—Nothing in this subsection shall
limit or otherwise affect the implementation of
the Telecommunications Act of 1996 (P.L. 104-
104) or the amendments made by such Act.
‘‘(C) NATIONAL SECURITY, LAW ENFORCE-
MENT, 
NETWORK
RELIABILITY.—Nothing in
this subsection shall prohibit the Commission
from taking actions necessary to protect na-
tional security or network reliability, or assist
law enforcement, as otherwise authorized by
this Act or the Communications Assistance for
Law Enforcement Act.
‘‘(c) DEREGULATORY LEVERAGE FROM INTERNET
INFORMATION SERVICES.—
‘‘(1) DEREGULATION BASED ON ADOPTION OF
INTERNET INFORMATION SERVICE SUBSTITUTES.—
With respect to any geographic market, a service
provided by a nonaffiliated Internet information
service provider is a substitute for a comparable reg-
ulated service for a substantial portion of the geo-
graphic market for such regulated service, the Com-
mission shall forbear from applying any regulation
or any provision of any title of this Act to the provi-
sion of such comparable regulated service within
such market if the Commission determines that—
‘‘(A) enforcement of such regulation or
provision is not necessary to ensure that the
charges, practices, classifications, or regulations
by, for, or in connection with that service are
just and reasonable and are not unjustly or un-
reasonably discriminatory;
‘‘(B) enforcement of such regulation or
provision is not necessary for the protection of
consumers;
‘‘(C) forbearance is necessary to promote
parity among service providers; and
‘‘(D) forbearance is consistent with the
public interest.
‘‘(2) PETITION FOR FORBEARANCE.—Any per-
son that provides any regulated service may submit
a petition to the Commission requesting that the
Commission exercise the authority granted under
this subsection with respect to that person, or any
regulated service offered by that person within a ge-
ographic market. Any such petition shall be deemed
granted if the Commission does not deny the peti-
tion for failure to meet the requirements for forbear-
ance under paragraph (1) within one year after the
Commission receives it. The Commission may grant
or deny a petition in whole or in part.
‘‘(3) STATE LIMITATION.—A State commission
may not continue to apply or enforce any provision
of this Act that the Commission has determined to
forbear from applying under paragraph (1).
‘‘(4) LIMITATION.—The Commission may not
forbear from applying the requirements of section
251(c) or 271 under paragraph (1) of this section
until it determines that those requirements have
been fully implemented.
‘‘(d) DUTY OF COMMISSION TO REPORT NEED FOR
ADDITIONAL EXCEPTIONS.—
‘‘(1) ONGOING
INFORMATION.—The Commis-
sion shall keep the Committee on Commerce of the
House of Representatives and the Committee on
Commerce, Science and Transportation of the Sen-
ate fully and currently informed with respect to de-
velopments in the provision of Internet information
services.
‘‘(2) NEED
FOR
LEGISLATIVE
CHANGES.—If,
any time after the date of enactment of this section,
the Commission determines that any such develop-
ment requires that a limitation on the Commission
under this section be removed, or that an exception
to any such limitation be granted, the Commission
shall promptly report such determination to the Con-
gress, together with the Commission’s recommenda-
tions for appropriate legislative changes.
‘‘(e) INTERNET INFORMATION SERVICES DEFINI-
TION.—As used in this section, the term ‘Internet infor-
mation service’ means any information service, and—
‘‘(1) includes—
‘‘(A) the Internet, and the provision of ac-
cess to, and access software for, the Internet;
and
‘‘(B) interactive computer services, and the
provision of access to, and access software for,
interactive computer services; but
‘‘(2) does not include, except for purposes of
subsection (c), the provision of video programming
(as such term is defined in section 602) directly to
subscribers.
‘‘(f) ADDITIONAL DEFINITIONS.—
‘‘(1) 
INTERNET; 
INTERACTIVE
COMPUTER
SERVICES.—The terms ‘Internet’ and ‘interactive
computer service’ have the meanings provided in sec-
tion 230(e).