H.R. 1006House116th Congress (2019-2021)In Committee

Open Internet Act of 2019

Introduced February 6, 2019

AI-Generated Summary

Updated April 14, 2026 at 1:26 AM UTC

The Open Internet Act of 2019 amends the Communications Act to establish net‑neutrality rules for broadband internet providers. It bars providers from blocking lawful content or discriminating against lawful traffic, requires them to disclose clear information about pricing and network‑management practices, and gives the FCC authority to enforce these duties with fines up to $2 million. The bill also defines key terms and limits the FCC’s regulatory reach under Title II.

Key Provisions

  • Broadband providers may not block lawful content, applications, services, or prohibit the use of non‑harmful devices, except for reasonable network management.
  • Providers may not unjustly or unreasonably discriminate against lawful traffic on a consumer’s broadband service.
  • Providers must give consumers clear, plain‑language information about price, performance, and network‑management practices so they can make informed choices and so content and device makers can develop new offerings.
  • The Federal Communications Commission (FCC) can issue rules to enforce the transparency requirement, requiring providers to post the information online and keep it up‑to‑date, while protecting competitively sensitive data, security information, and legitimate network‑management practices.
  • The FCC can enforce the anti‑blocking and anti‑discrimination duties through complaint adjudication, issuing injunctions, and imposing fines up to $2 million for willful violations, but it cannot award damages to private parties.
  • The law does not create a private right of action, and it limits the FCC’s ability to regulate broadband under Title II unless a provider opts to be treated as a telecommunications service.
  • Definitions are added for “broadband internet access service” (mass‑market retail service, excluding dial‑up) and “reasonable network management” (practices that address congestion, security, harmful traffic, public safety, or parental controls).

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Energy and Commerce.

February 6, 2019

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HouseIntro Referral

Introduced in House

February 6, 2019

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

February 6, 2019

Floor Debate

8 members

What members said about H.R. 1006 on the floor

7 Republicans1 Democrat
Joseph D. Morelle
Rep. Joseph D. MorelleD-NY-25 · Apr 9, 2019

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 294 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Rob Woodall
Rep. Rob WoodallR-GA-7 · Apr 9, 2019

Mr. Speaker, I yield myself such time as I may consume. I thank my friend from New York for yielding me the customary 30 minutes. And, at the risk of opening this debate like I opened so many others…

Tom Cole
Rep. Tom ColeR-OK-4 · Apr 9, 2019

Mr. Speaker, I want to thank my good friend, a member of the Budget Committee, for yielding, and my colleague on the Rules Committee. I rise to oppose the rule and oppose the underlying legislation.…

David B. McKinley
Rep. David B. McKinleyR-WV-1 · Apr 12, 2019

Madam Speaker, on Wednesday, I voted against H.R. 1644 because it could open Internet Service Providers (ISP's) in rural areas to burdensome regulations that stifle innovation and slow the deployment…

Neal P. Dunn
Rep. Neal P. DunnR-FL-2 · Apr 9, 2019

Mr. Speaker, I rise today to demand that critical natural disaster relief be voted upon. Tomorrow will be the 6-month anniversary of Hurricane Michael, 6 months with absolutely no disaster…

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Daniel Meuser
Rep. Daniel MeuserR-PA-9 · Apr 9, 2019

Mr. Speaker, I rise today in opposition to this rule and to H.R. 1644, also known as the government-controlled internet act. Once again, House Democrats are putting Federal Government control over…

Austin Scott
Rep. Austin ScottR-GA-8 · Apr 9, 2019

Mr. Speaker, I rise today to urge my colleagues to defeat the previous question so the House can immediately bring up meaningful disaster relief. I want to thank my friends and colleagues from across…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Apr 9, 2019

Mr. Speaker, I thank the gentleman for yielding. As you know, the difficulty is, when we take away the managing of a business operation from that underlying business, the incentive to innovate and to…

Bill Text

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Introduced in HouseIssued February 6, 2019

I

116th CONGRESS

1st Session

H. R. 1006

IN THE HOUSE OF REPRESENTATIVES

February 6, 2019

Mr. Latta introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend title I of the Communications Act of 1934 to provide for internet openness, and for other purposes.

1.

Short title

This Act may be cited as the Open Internet Act of 2019.

2.

Internet openness

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

14.

Internet openness

(a)

Duties of broadband internet access service providers

(1)

In general

To the extent that a person is engaged in the provision of broadband internet access service, such person—

(A)

shall not block lawful content, applications, or services, or prohibit the use of non-harmful devices, subject to reasonable network management;

(B)

shall not unjustly or unreasonably discriminate in transmitting lawful traffic over a consumer’s broadband internet access service; and

(C)

shall disclose accurate and relevant information in plain language regarding the price, performance, and network management practices of such person’s broadband internet access service sufficient—

(i)

for consumers to make informed choices regarding use of such service; and

(ii)

for content, application, service, and device providers to develop and market new internet offerings.

(2)

Commission requirements

The Commission may promulgate rules to implement paragraph (1)(C). Any such rules—

(A)

shall require, at a minimum, such person to display or provide links to the required information on an internet website and to update such information in a timely fashion to reflect material changes in the information subject to such paragraph; and

(B)

shall not require public disclosure of—

(i)

competitively sensitive information;

(ii)

information that would compromise network security; or

(iii)

information that would undermine the efficacy of reasonable network management practices.

(3)

Rule of construction

For purposes of paragraph (1)(B), reasonable network management shall not be construed to be unjustly or unreasonably discriminatory.

(b)

Enforcement

(1)

Commission authority

The Commission shall enforce the duties established in subsections (a)(1)(A) and (a)(1)(B) through adjudication of a complaint alleging that a service violates one or more of such duties. Nothing in this section limits the Commission’s authority to adopt procedures for the adjudication of a complaint, to adopt an order requiring compliance from an entity subject to a complaint, to initiate an enforcement action, or to issue a declaratory ruling or guidance.

(2)

Injunctive relief and penalties

If the Commission finds that a provider of broadband internet access service has violated any provision of subsection (a), the Commission may issue an order enjoining such violation, including interim injunctive relief. If the Commission finds that a provider of broadband internet access service has engaged in a willful and knowing violation of such subsection, the Commission may issue a fine or forfeiture of no more than $2,000,000 for any practice found to violate such subsection, consistent with the procedures in section 503. The Commission may not order the payment of damages for any violation of such subsection.

(3)

No additional private rights authorized

Nothing in this section shall be construed to authorize any private right of action in court.

(c)

Relationship to other titles and laws

(1)

The Commission

The Commission may not impose regulations on broadband internet access service or any component thereof under title II, except in the event that a provider of broadband internet access service elects to provide the transmission component of such service as a telecommunications service under such title. Except as expressly provided in this section, nothing in this section shall increase, reduce, or otherwise alter the Commission’s authority.

(2)

Providers

Nothing in this section shall supersede any obligation or authorization a provider of broadband internet access service may have, or limit the provider’s ability, to address the needs of emergency communications, law enforcement, public safety, or national security, consistent with applicable law. Nothing in this section shall prohibit reasonable efforts by a provider of broadband internet access service to address copyright infringement or other unlawful activity.

(3)

Savings clause

Nothing in this section shall increase, reduce, or otherwise alter the antitrust or other authorities of the Department of Justice or the Federal Trade Commission.

(d)

Definitions

For purposes of this section:

(1)

Broadband internet access service

(A)

In general

The term broadband internet access service means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service.

(B)

Functional equivalent; evasion

The term includes any service that—

(i)

the Commission finds to be providing a functional equivalent of the service described in subparagraph (A); or

(ii)

is used to evade the protections set forth in this section.

(2)

Reasonable network management

(A)

In general

The term reasonable network management means a network management practice that is appropriate and tailored to achieving a legitimate network management function, taking into account the particular network architecture or technology of the provider.

(B)

Inclusions

The term includes appropriate and tailored practices—

(i)

to reduce or mitigate the effects of congestion on a broadband internet access service provider’s network;

(ii)

to ensure network security or integrity;

(iii)

to address traffic that is harmful to or unwanted by—

(I)

users, including premises operators;

(II)

the provider’s network; or

(III)

the internet;

(iv)

to meet the needs of public safety; and

(v)

to provide services or capabilities consistent with a consumer’s choices regarding parental control or security capabilities.

(C)

Considerations

In determining whether a network management practice is reasonable, the Commission shall consider technical requirements, standards, or best practices adopted by one or more independent, widely recognized internet community governance initiatives or standard-setting organizations.

.