S. 215Senate110th Congress (2007-2009)In Committee

Internet Freedom Preservation Act

Introduced January 9, 2007

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S287-288)

January 9, 2007

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SenateIntro Referral

Introduced in Senate

January 9, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S286-287)

January 9, 2007

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S287-288)

January 9, 2007

Floor Debate

15 members

What members said about S. 215 on the floor

6 Republicans9 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jan 9, 2007

Mr. President, I rise today with my colleague, Senator Collins, to introduce legislation that protects the retirement benefits earned by public employees and eliminates barriers which discourage many…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jan 9, 2007

Mr. President, I am pleased to join with my colleague from California, Senator Feinstein, in introducing the Social Security Fairness Act. This bill repeals two provisions of current law--the…

Larry E. Craig
Sen. Larry E. CraigR-ID · Jan 9, 2007

Mr. President, I rise today to introduce the Southern Idaho Bureau of Reclamation Repayment Act of 2007. This Act authorizes prepayment by landowners of their allocated portion of the obligations to…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Jan 9, 2007

Mr. President, on the 5th anniversary of No Child Left Behind (NCLB), I rise today to introduce The Standards to Provide Educational Achievement for Kids (SPEAK) Act, a bill designed to start the job…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Jan 9, 2007

Mr. President, the issue of Internet freedom, which is also known as net neutrality, is one that is very important to me. I have long fought in Congress against media concentration, to prevent the…

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Byron L. Dorgan
Sen. Byron L. DorganD-ND · Jan 9, 2007

Mr. President, the issue of Internet freedom, which is also known as net neutrality, is one that is very important to me. I have long fought in Congress against media concentration, to prevent the…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Jan 9, 2007

Mr. President, today I will once again introduce with the, Senator from Mississippi, Mr. Cochran, and the Senator from Arizona, Mr. McCain, a bill to bring Senate campaigns into the 21st century by…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Jan 9, 2007

Mr. President, I rise today to introduce the Calling for 2-1-1 Act. I'm thrilled to be a part of the new Democratic Congress as we move to pass the kind of bipartisan legislation I'm talking about…

Barack Obama
Sen. Barack ObamaD-IL · Jan 9, 2007

Mr. President, I rise to speak about the Child Tax Credit and to support S. 218, a bill I've worked on with Senators Snowe and Lincoln. Working families should get the tax relief they deserve, and I…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jan 9, 2007

Mr. President, today Congress is confronted with how to best provide tax relief to American families earning slightly more than the minimum wage. We can do that by expanding the availability of the…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Jan 9, 2007

Mr. President, I rise to re-introduce the Fair Contracts for Growers Act of 2007. This bill would simply instill fairness into contractual dealings between farmers and processors. It ensures that…

Norm Coleman
Sen. Norm ColemanR-MN · Jan 9, 2007

Mr. President, I rise today to introduce legislation to assist the families of our reservists and National Guard members. With our reservists and National Guard members bravely answering our…

Blanche L. Lincoln
Sen. Blanche L. LincolnD-AR · Jan 9, 2007

Mr. President, I come before the Senate to once again raise an issue that is near and dear to my heart--an issue that is of great importance to working families across this country. In 2001 and again…

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Ron Wyden
Sen. Ron WydenD-OR · Jan 9, 2007

Mr. President, the legislation I introduce today reauthorizes a very successful cooperative watershed restoration program that I originally sponsored, and that was originally enacted for the Forest…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Jan 9, 2007

Mr. President, I rise today with my colleague, Senator Bingaman, to introduce legislation that will designate the Veterans Administration Medical Center in Albuquerque, NM, the ``Raymond G. Murphy…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Jan 9, 2007

Mr. President, today, I am introducing along with Mr. Domenici the ``Pecos National Historical Park Land Exchange Act of 2007''. This bill will authorize a land exchange between the Federal…

Bill Text

Latest available legislative text

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Introduced in SenateIssued January 9, 2007

II

110th CONGRESS

1st Session

S. 215

IN THE SENATE OF THE UNITED STATES

January 9, 2007

Mr. Dorgan (for himself, Ms. Snowe, Mr. Kerry, Mrs. Boxer, Mr. Harkin, Mr. Leahy, Mrs. Clinton, Mr. Obama, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To amend the Communications Act of 1934 to ensure net neutrality.

1.

Short title

This Act may be cited as the Internet Freedom Preservation Act.

2.

Internet neutrality

Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following:

12.

Internet neutrality

(a)

Duty of Broadband service providers

With respect to any broadband service offered to the public, each broadband service provider shall—

(1)

not block, interfere with, discriminate against, impair, or degrade the ability of any person to use a broadband service to access, use, send, post, receive, or offer any lawful content, application, or service made available via the Internet;

(2)

not prevent or obstruct a user from attaching or using any device to the network of such broadband service provider, only if such device does not physically damage or substantially degrade the use of such network by other subscribers;

(3)

provide and make available to each user information about such user's access to the Internet, and the speed, nature, and limitations of such user's broadband service;

(4)

enable any content, application, or service made available via the Internet to be offered, provided, or posted on a basis that—

(A)

is reasonable and nondiscriminatory, including with respect to quality of service, access, speed, and bandwidth;

(B)

is at least equivalent to the access, speed, quality of service, and bandwidth that such broadband service provider offers to affiliated content, applications, or services made available via the public Internet into the network of such broadband service provider; and

(C)

does not impose a charge on the basis of the type of content, applications, or services made available via the Internet into the network of such broadband service provider;

(5)

only prioritize content, applications, or services accessed by a user that is made available via the Internet within the network of such broadband service provider based on the type of content, applications, or services and the level of service purchased by the user, without charge for such prioritization; and

(6)

not install or utilize network features, functions, or capabilities that impede or hinder compliance with this section.

(b)

Certain Management and Business-related Practices

Nothing in this section shall be construed to prohibit a broadband service provider from engaging in any activity, provided that such activity is not inconsistent with the requirements of subsection (a), including—

(1)

protecting the security of a user’s computer on the network of such broadband service provider, or managing such network in a manner that does not distinguish based on the source or ownership of content, application, or service;

(2)

offering directly to each user broadband service that does not distinguish based on the source or ownership of content, application, or service, at different prices based on defined levels of bandwidth or the actual quantity of data flow over a user’s connection;

(3)

offering consumer protection services (including parental controls for indecency or unwanted content, software for the prevention of unsolicited commercial electronic messages, or other similar capabilities), if each user is provided clear and accurate advance notice of the ability of such user to refuse or disable individually provided consumer protection capabilities;

(4)

handling breaches of the terms of service offered by such broadband service provider by a subscriber, provided that such terms of service are not inconsistent with the requirements of subsection (a); or

(5)

where otherwise required by law, to prevent any violation of Federal or State law.

(c)

Exception

Nothing in this section shall apply to any service regulated under title VI, regardless of the physical transmission facilities used to provide or transmit such service.

(d)

Stand-alone broadband service

A broadband service provider shall not require a subscriber, as a condition on the purchase of any broadband service offered by such broadband service provider, to purchase any cable service, telecommunications service, or IP-enabled voice service.

(e)

Implementation

Not later than 180 days after the date of enactment of the Internet Freedom Preservation Act, the Commission shall prescribe rules to implement this section that—

(1)

permit any aggrieved person to file a complaint with the Commission concerning any violation of this section; and

(2)

establish enforcement and expedited adjudicatory review procedures consistent with the objectives 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.

(f)

Enforcement

(1)

In general

The Commission shall enforce compliance with this section under title V, except that—

(A)

no forfeiture liability shall be determined 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 Commission may issue any appropriate order, including an order directing a broadband service provider—

(A)

to pay damages to a complaining party for a violation of this section or the regulations hereunder; or

(B)

to enforce the provisions of this section.

(g)

Definitions

In this section, the following definitions shall apply:

(1)

Affiliated

The term affiliated includes—

(A)

a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person; or

(B)

a person that has a contract or other arrangement with a content, applications, or service provider relating to access to or distribution of such content, applications, or service.

(2)

Broadband service

The term broadband service means a 2-way transmission that—

(A)

connects to the Internet regardless of the physical transmission facilities used; and

(B)

transmits information at an average rate of at least 200 kilobits per second in at least 1 direction.

(3)

Broadband service provider

The term broadband service provider means a person or entity that controls, operates, or resells and controls any facility used to provide broadband service to the public, whether provided for a fee or for free.

(4)

IP-enabled voice service

The term IP-enabled voice service means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that service can originate traffic to, and terminate traffic from, the public switched telephone network.

(5)

User

The term user means any residential or business subscriber who, by way of a broadband service, takes and utilizes Internet services, whether provided for a fee, in exchange for an explicit benefit, or for free.

.

3.

Report on delivery of content, applications, and services

Not later than 270 days after the date of enactment of this Act, and annually thereafter, the Federal Communications Commission shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the—

(1)

ability of providers of content, applications, or services to transmit and send such information into and over broadband networks;

(2)

ability of competing providers of transmission capability to transmit and send such information into and over broadband networks;

(3)

price, terms, and conditions for transmitting and sending such information into and over broadband networks;

(4)

number of entities that transmit and send information into and over broadband networks; and

(5)

state of competition among those entities that transmit and send information into and over broadband networks.