S 1043 IS

To provide freedom from regulation by the Federal Communications Commission for the Internet.

May 13, 1999

Mr. MCCAIN introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To provide freedom from regulation by the Federal Communications Commission for the Internet.

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 Regulatory Freedom Act of 1999'.

SEC. 2. PURPOSE.

The purpose of this Act is to eliminate unnecessary regulation that impedes making advanced Internet service available to all Americans at affordable prices.

SEC. 3. PROVISION OF INTERNET SERVICES.

Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof the following:

`SEC. 231. PROVISION OF INTERNET SERVICES.

`(a) POLICY- Since Internet services are inherently interstate in nature, it is the policy of the United States to assure that all Americans have the opportunity to benefit from access to advanced Internet services at affordable rates by eliminating regulation that impedes the competitive deployment of advanced broadband data networks.

`(b) FREEDOM FROM REGULATION; LIMITATION ON COMMISSION'S AUTHORITY- Notwithstanding any other provision, including section 271, of this Act, nothing in this Act applies to, or grants authority to Commission with respect to--

`(1) the imposition of wholesale discount obligations on bulk offerings of advanced services to providers of Internet services or telecommunications carriers under section 251(c)(4), or the duty to provide as network elements, under section 251(c)(3), the facilities and equipment used exclusively to provide Internet services;

`(2) technical standards or specifications for the provision of Internet services; or

`(3) the provision of Internet services.

`(c) INTERNET SERVICES DEFINED- In this section, the term `Internet services' means services, other than voice-only telecommunication services, that consist of, or include--

`(1) the transmission of writing, signs, signals, pictures, or sounds by means of the Internet or any other network that includes Internet protocol-based or other packet-switched or equivalent technology, including the facilities and equipment exclusively used to provide those services; and

`(2) the transmission of data between a user and the Internet or such other network.

`(d) ISP NOT A PROVIDER OF INTRASTATE COMMUNICATION SERVICE- A provider of Internet services may not be considered to be a carrier providing intrastate communication service described in section 2(b)(1) because it provides Internet services.'.

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