[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 2372 Introduced in House (IH)]
105th CONGRESS
1st Session
H.R. 2372
To ensure that the development of the Internet and interactive
computer services is unfettered by Federal and State regulation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 1997
Mr. White (for himself, Mr. Boucher, Mr. Tauzin, Mr. Oxley, Mr. Cox of
California, and Mr. Lazio of New York) introduced the following bill;
which was referred to the Committee on Commerce
_______________________________________________________________________
A BILL
To ensure that the development of the Internet and interactive
computer services is unfettered by Federal and State regulation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Protection Act of 1997''.
SEC. 2. PROVISION OF INTERNET INFORMATION SERVICES.
Title II of the Communications Act of 1934 is amended by inserting
after section 230 (47 U.S.C. 230) the following new section:
``SEC. 231. PROVISION OF INTERNET INFORMATION SERVICES.
``(a) Policies.--The policies of this section are as follows:
``(1) Private initiative.--In order to support rapid and
efficient technological and commercial innovation, deployment,
and adoption of Internet information services, it shall be the
policy of the United States to rely on private initiative and
to avoid, to the maximum extent possible, government
restriction or supervision of such services.
``(2) Affirmation of commission public interest judgment.--
Except as set forth in this section--
``(A) regulation of Internet information services,
including services previously referred to in Commission
actions as enhanced services, is not in the public
interest; and
``(B) the Congress reserves the authority to
determine when and if, after the date of enactment of
this section, regulation of Internet information
services is in the public interest.
``(3) Interstate and international implications.--It shall
be the policy of the Federal Government in its relationships
with both foreign governments and the States of the Union, to
support and advance the policies of this section and the
purposes of this Act.
``(b) Freedom From Regulation.--
``(1) Limitations on commission authority.--Except as
expressly provided in this section, nothing in this Act shall
be construed to grant authority to the Commission with respect
to--
``(A) the rates, charges, practices,
classifications, facilities, or services for or in
connection with the provision of Internet information
services to customers;
``(B) technical specifications or standards for the
provision of Internet information services; or
``(C) any other regulation of the provision of
Internet information services.
``(2) Parallel limitation and supersession of state
authority.--Notwithstanding section 2(b) or any other provision
of this Act--
``(A) no State commission shall have any authority
to take any action with respect to Internet information
services that the Commission is prohibited by this
section from taking with respect to such services; and
``(B) no State commission shall have any authority
to take any action with respect to Internet information
services that is inconsistent with, or that would
substantially frustrate, an action taken by the
Commission with respect to such services, including an
action to withdraw, or refrain from, regulation of such
services.
``(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 services from
revenues obtained from the provision of
telephone exchange service, telephone toll
service, or telephone exchange access service;
or
``(ii) prohibiting any incumbent local
exchange carrier from preferring or
discriminating in favor of its Internet
information service operations in its provision
of telecommunications service.
``(B) Telecommunications act implementation.--
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 enforcement, network
reliability.--Nothing in this subsection shall prohibit
the Commission from taking actions necessary to protect
national 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 regulated service for a substantial portion of the
geographic market for such regulated service, the Commission
shall forbear from applying any regulation or any provision of
any title of this Act to the provision 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 unreasonably 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 person 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 geographic
market. Any such petition shall be deemed granted if the
Commission does not deny the petition for failure to meet the
requirements for forbearance 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 Commission shall keep the
Committee on Commerce of the House of Representatives and the
Committee on Commerce, Science and Transportation of the Senate
fully and currently informed with respect to developments 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 development 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 Congress, together
with the Commission's recommendations for appropriate
legislative changes.
``(e) Internet Information Services Definition.--As used in this
section, the term `Internet information service' means any information
service, and--
``(1) includes--
``(A) the Internet, and the provision of access 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 section 230(e).
``(2) Incumbent local exchange carrier.--The term
`incumbent local exchange carrier' has the meaning provided in
section 251(h).
``(3) Regulated service.--The term `regulated service'
means any service that the Commission, pursuant to title II,
III, or VI, has authority with respect to--
``(A) the rates, charges, practices,
classifications, facilities, or services for or in
connection with the provision of such service;
``(B) technical specifications or standards for the
provision of such service; or
``(C) any other regulation of the provision of such
service to customers.''.
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