7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MARKEY OF MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Strike section 201 of the bill and insert the following:

SECTION 201. NETWORK NEUTRALITY.

(a) Amendment- Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end the following new section:

`SEC. 715. NETWORK NEUTRALITY.

`(a) Policy- It is the policy of the United States--

`(1) to maintain and enhance the vibrant and competitive free market that presently exists for the Internet and Internet services, upon which Internet commerce relies;

`(2) to preserve and promote the open and interconnected nature of the Internet and consumer empowerment and choice;

`(3) to foster innovation, investment, and competition among network providers, as well as application, content, and service providers;

`(4) to ensure vigorous and prompt enforcement of this section's requirements to safeguard innovation, consumer protection, and marketplace certainty; and

`(5) to preserve the security and reliability of the Internet and the services that enable consumers to access content, applications, and services over the Internet.

`(b) In General- Each broadband network provider has the duty--

`(1) not to block, impair, degrade, discriminate against, or interfere with the ability of any person to use a broadband connection to access, use, send, receive, or offer lawful content, applications, or services over the Internet;

`(2) to operate its broadband network in a nondiscriminatory manner so that any person can offer or provide content, applications, and services through, or over, such broadband network with equivalent or better capability than the provider extends to itself or affiliated parties, and without the imposition of a charge for such nondiscriminatory network operation;

`(3) if the provider prioritizes or offers enhanced quality of service to data of a particular type, to prioritize or offer enhanced quality of service to all data of that type (regardless of the origin of such data) without imposing a surcharge or other consideration for such prioritization or enhanced quality of service;

`(4) to enable a user to attach and use any device to the operator's network that does not physically damage, make unauthorized use of, or materially degrade other users' utilization of, the network; and

`(5) to clearly and conspicuously disclose to users, in plain language, accurate information about the speed, nature, and limitations of their broadband connection.

`(c) Preserved Rights and Exceptions- Nothing in this section shall prevent a broadband network provider from taking reasonable and nondiscriminatory measures to--

`(1) manage the functioning of its network to protect the security of such network and broadband network services, provided that such management does not depend upon the affiliation with the broadband network provider of the content, applications, or services on the network;

`(2) offer varied service plans to users at defined levels of bandwidth and different prices;

`(3) offer consumer protection services (including services for the prevention of unsolicited commercial electronic messages, parental controls, or other similar capabilities), or offer cable service, so long as a user may refuse or disable such services;

`(4) give priority to emergency communications and telemedicine services; or

`(5) prevent any violation of Federal or State law, or comply with any court-ordered law enforcement directive.

`(d) Expedited Complaint Process- Within 180 days after the date of enactment of this section, the Commission shall prescribe regulations providing for the expedited review of any complaints alleging a violation of this section. Such regulations shall include a requirement that the Commission issue a final order regarding any request for a ruling contained in a complaint not later than 30 days after the date of submission of such complaint.

`(e) Definitions- As used in this section:

`(1) BROADBAND NETWORK PROVIDER- The term `broadband network provider' means a person or entity that owns, controls, operates, or resells and controls any facility used to provide broadband network service to the public, by whatever technology and whether provided for a fee, in exchange for an explicit benefit, or for free.

`(2) BROADBAND NETWORK SERVICE- The term `broadband network service' means a two-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.

`(3) USER- The term `user' means any person who takes and uses broadband network service, whether provided for a fee, in exchange for an explicit benefit, or for free.'.

(b) Savings Provision- Nothing in this section shall be construed to modify, impair, or supersede the applicability of the antitrust laws, as such term is defined in section 602(e)(4) of the Telecommunications Act of 1996.

In the heading of title II of the bill, strike `ENFORCEMENT OF BROADBAND POLICY STATEMENT' and insert `NETWORK NEUTRALITY'.

Conform the table of contents accordingly.

6. Smith, Lamar (TX): Clarifies that the language in section 201 (i.e. the new section 7l5(b)(3) of the Communications Act) that gives exclusive authority to the FCC to adjudicate complaints concerning network neutrality does not affect the applicability of the antitrust laws to cases involving network neutrality or the jurisdiction of the courts to hear such cases.

7. Markey (MA)/Eshoo (CA)/Boucher (VA)/Inslee (WA): Seeks to restore important non-discrimination requirements enforced by the Federal Communications Commission that from the inception of the Internet until August of 2005 were binding on telecommunications carriers. This amendment essentially has 3 parts: provides a policy statement in addition to the general duties of broadband network providers; provides for preserved rights and exceptions to the general statutory duties in the first part; and provides an expedited complaint process and an antitrust savings clause.