text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Internet Freedom Preservation Act''.
  
  SEC. 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:
  
  ``SEC. 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.''.
  
  SEC. 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.
target: Internet Freedom Preservation Act - Amends the Communications Act of 1934 to establish certain Internet neutrality duties for broadband service providers (providers), including not interfering with, or discriminating against, the ability of any person to use broadband service in a lawful manner. Allows providers to engage in activities in furtherance of certain management and business-related practices, such as protecting network security and offering consumer protection services such as parental controls.
  
  Prohibits a provider from requiring a subscriber, as a condition on the purchase of broadband service, to purchase any cable service, telecommunications service, or IP-enabled voice service.
  
  Requires a report from the Federal Communications Commission (FCC) to specified congressional committees on provider delivery of broadband content, applications, and services.
feat_title: A bill to amend the Communications Act of 1934 to ensure net neutrality.