H. R. 1860
IN THE HOUSE OF REPRESENTATIVES
March 25, 2019
Mr. Kinzinger (for himself, Mr. Scalise, Mr. Long, Mr. Guthrie, and Mr. Johnson of Ohio) introduced the following bill; which was referred to the Committee on Energy and Commerce
To prohibit the Federal Communications Commission from regulating the rates charged for broadband internet access service.
This Act may be cited as the
No Rate Regulation of Broadband Internet Access Act.
Regulation of broadband rates prohibited
Notwithstanding any other provision of law, the Federal Communications Commission may not regulate the rates charged for broadband internet access service.
Nothing in this Act shall be construed to affect the authority of the Commission to—
condition receipt of universal service support under section 254 of the Communications Act of 1934 (47 U.S.C. 254) by a provider of broadband internet access service on the regulation of the rates charged by such provider for the supported service;
enforce subpart Y of part 64 of title 47, Code of Federal Regulations (relating to truth-in-billing requirements); or
prohibit or restrict paid prioritization.
Additional rule of construction
For purposes of this Act, broadband internet access service shall not be construed to include data roaming or interconnection.
In this Act:
Broadband internet access service
broadband internet access service has the meaning given such term in section 8.1 of title 47, Code of Federal Regulations.
Commission means the Federal Communications Commission.
paid prioritization means the management of the network of a provider of broadband internet access service to directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either—
in exchange for consideration (monetary or otherwise) from a third party; or
to benefit an affiliated entity.
rate means the amount charged by a provider of broadband internet access service for the delivery of broadband internet traffic.
regulate means, with respect to a rate, the use by the Commission of rulemaking or enforcement authority to establish, declare, or review the reasonableness of such rate.