This bill — known as the Open Internet Preservation Act — would prohibit internet service providers (ISPs) from blocking legal content or services and from impairing or “throttling” internet traffic on the basis of content. ISPs would be allowed to offer specialized services (like paid prioritization) but couldn’t offer them in ways that threaten the meaningful availability of broadband internet or are designed to evade the prohibitions imposed by this bill. To achieve this, the bill would codify the new transparency requirements adopted by the FCC’s 2017 Internet Freedom Rule to promote internet openness and growth.
Additionally, this bill would:
- Define reasonable network management practices to reduce or mitigate the effects of network congestion or quality;
- Grant the FCC the authority to manage transparency and consumer protection rules; and
- Preempt state law to ensure a uniform standard nationwide
States and their political subdivisions would be prohibited from enforcing a law or rule related to internet openness obligations in providing broadband internet service, meaning that this federal law would preempt state law.
Broadband internet service would be considered an “information service” under Title II of the Communications Act, effectively blocking the Federal Communications Commission (FCC) from attempting to re-impose net neutrality rules in the same manner it did in 2015.