Screaming Penguin - Source Does Matter

Ed Markey rolls out

Mr. Speaker, I rise today to introduce the “Network Neutrality Act of 2006.� Joining me today as original cosponsors of this important legislation are Rep. Rick Boucher, Rep. Anna Eshoo and Rep. Jay Inslee.

Broadband networks, Mr. Speaker, are the lifeblood of our emerging digital economy. These broadband networks also hold the promise of promoting innovation in various markets and technologies, creating jobs, and furthering education. The world-wide leadership that the U.S. provides in high technology is directly related to the government-driven policies over decades which have ensured that telecommunications networks are open to all lawful uses and all users. The Internet, which is accessible to more and more Americans with every day that goes by on such broadband networks, was also founded upon an open architecture protocol and as a result it has provided low barriers to entry for web-based content, applications, and services.

Snippets:

SEC. 4. NET NEUTRALITY SAFEGUARDS.
(a) IN GENERAL.—Each broadband network provider
has the duty to—
(1) enable users to utilize their broadband serv-
ice to access all lawful content, applications, and
services available over broadband networks, includ-
ing the Internet;
(2) not block, impair, degrade, discriminate
against, or interfere with the ability of any person
to utilize their broadband service to—
(A) access, use, send, receive, or offer law-
ful content, applications, or services over
broadband networks, including the Internet; or
(B) attach any device to the provider’s net-
work and utilize such device in connection with
broadband service, provided that any such de-
vice does not physically damage, or materially
degrade other subscribers’ use of, the network;
[ed:Eat me Comcast "you have to pay more if you want to hook a router to your cable modem"]
(3) clearly and conspicuously disclose to users,
in plain language, accurate information about the
speed, nature, and limitations of their broadband
service;
(4) offer, upon reasonable request to any per-
son, a broadband service for use by such person to
offer or access unaffiliated content, applications, and
services;
(5) not discriminate in favor of itself in the al-
location, use, or quality of broadband services or
interconnection with other broadband networks;
(6) offer a service such that content, applica-
tions, or service providers can offer unaffiliated con-
tent, applications, or services in a manner that is at
least equal to the speed and quality of service that
the operator’s content, applications, or service is
accessed and offered, and without interference or
surcharges on the basis of such content, applica-
tions, or services;
(7) if the broadband network provider
prioritizes or offers enhanced quality of service to
data of a particular type, prioritize or offer en-
hanced quality of service to all data of that type (re-
gardless of the origin of such data) without imposing
a surcharge or other consideration for such
prioritization or quality of service; and
(8) not install network features, functions, or
capabilities that thwart or frustrate compliance with
the requirements or objectives of this section.
(b) EXCEPTIONS.—Nothing in this section shall pro-
hibit a broadband network provider from implementing
reasonable and nondiscriminatory measures to—
(1) manage the functioning of its network, on
a systemwide basis, provided that any such manage-
ment function does not result in discrimination be-
tween content, applications, or services offered by
the provider and unaffiliated providers;
(2) offer varying levels of transmission speed or
bandwith;
(3) protect network security or the security of
a user’s computer on the network;
(4) offer consumer protection services (such as
parental controls), provided that a user may refuse
or disable such services;
(5) carry or offer a cable service that requires
management of the network to provide enhanced
quality of service, provided that—
(A) a broadband service subscriber may
refuse to subscribe to, and avoid charges for,
such cable service while obtaining broadband
services from such operator; and
(B) such carrying or offering does not vio-
late any of the duties set forth in subsection
(a); or
(6) where otherwise required by law, prevent
any violation of Federal or State law.
(c) IMPLEMENTATION.—Within 180 days after the
e of enactment of this Act, the Commission shall adopt
es that—...

You know, this is actually fairly well written in terms of scope and nature.