[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7363 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7363

To prohibit a State or political subdivision thereof from providing or 
offering for sale to the public retail or wholesale broadband internet 
                access service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2020

   Mr. Long introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To prohibit a State or political subdivision thereof from providing or 
offering for sale to the public retail or wholesale broadband internet 
                access service, and for other purposes.

    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 ``Communities Overregulating Networks 
Need Economic Competition Today Act'' or the ``CONNECT Act''.

SEC. 2. PROHIBITION ON GOVERNMENT OWNED BROADBAND NETWORKS.

    (a) In General.--Except as provided in subsections (b)(1) and (c), 
a State or political subdivision thereof may not provide or offer for 
sale to the public, a telecommunications provider, or to a commercial 
provider of broadband internet access service, retail or wholesale 
broadband internet access service.
    (b) Transitional Rule.--Any State or political subdivision thereof 
providing or offering for sale, either to the public, a 
telecommunications provider, or to a provider of broadband internet 
access service, retail or wholesale broadband internet access service, 
before the date of the enactment of this section--
            (1) notwithstanding subsection (a), may continue to provide 
        or offer for sale such service if the Commission finds there is 
        no more than one other commercial provider of broadband 
        internet access that provides competition for that service in a 
        particular area;
            (2) shall notify each subscriber of the State or political 
        subdivision if a commercial provider of retail broadband 
        internet access enters the market; and
            (3) may not construct or extend facilities used to deliver 
        broadband internet access service beyond the geographic area in 
        which the State or political subdivision thereof lawfully 
        operates.
    (c) Exception.--Notwithstanding subsection (a), this section does 
not apply to the Tennessee Valley Authority.
    (d) Rules of Construction.--
            (1) In general.--This section may not be construed to 
        restrict a State or political subdivision thereof, from 
        allowing the nondiscriminatory use of its rights-of-way, 
        including access to utility poles, conduits, ducts, or similar 
        support structures used for the deployment of facilities 
        necessary to deliver broadband internet access service.
            (2) Public safety.--This section may not be construed to 
        restrict a State or political subdivision thereof, from 
        providing broadband facilities or services for 9-1-1, enhanced 
        9-1-1 service, or Next Generation 9-1-1.
    (e) Limitation of Commission Authority.--Notwithstanding any 
provision of law, including section 706 of the Communications Act of 
1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to 
permit a State or political subdivision thereof to provide or offer for 
sale to the public retail or wholesale broadband internet access 
service.
    (f) Definitions.--In this section:
            (1) 9-1-1 request for emergency assistance.--The term ``9-
        1-1 request for emergency assistance'' means a communication, 
        such as voice, text, picture, multimedia, or any other type of 
        data that is sent to an emergency communications center for the 
        purpose of requesting emergency assistance.
            (2) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given 
        that term in section 8.1(b) of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (3) Commonly accepted standards.--The term ``commonly 
        accepted standards'' means--
                    (A) the technical standards followed by the 
                communications industry for network, device, and 
                Internet Protocol connectivity, including standards 
                developed by the Third Generation Partnership Project, 
                the Institute of Electrical and Electronics Engineers, 
                the Alliance for Telecommunications Industry Solutions, 
                the Internet Engineering Taskforce, and the 
                International Telecommunications Union; and
                    (B) standards that are accredited by a recognized 
                authority such as the American National Standards 
                Institute.
            (4) Emergency communications center.--The term ``emergency 
        communications center'' means a facility that is designated to 
        receive a 9-1-1 request for emergency assistance and perform 
        one or more of the following functions:
                    (A) Process and analyze 9-1-1 requests for 
                emergency assistance and other gathered information.
                    (B) Dispatch appropriate emergency response 
                providers.
                    (C) Transfer or exchange 9-1-1 requests for 
                emergency assistance and other gathered information 
                with other emergency communications centers and 
                emergency response providers.
                    (D) Analyze any communications received from 
                emergency response providers.
                    (E) Support incident command functions.
            (5) Emergency response provider.--The term ``emergency 
        response provider''--
                    (A) has the meaning given that term under section 2 
                of the Homeland Security Act (47 U.S.C. 101); and
                    (B) includes Federal, State, and local governmental 
                and nongovernmental emergency public safety, fire, law 
                enforcement, emergency response, emergency medical 
                (including hospital emergency facilities), and related 
                personnel, agencies, and authorities.
            (6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1 
        service'' has the meaning given that term in section 7(10) of 
        the Wireless Communications and Public Safety Act of 1999 (47 
        U.S.C. 615b(10)).
            (7) Interoperable.--The term ``interoperable'' means the 
        capability of emergency communications centers to receive 9-1-1 
        requests for emergency assistance and related data such as 
        location information and callback numbers from the public, then 
        process and share the 9-1-1 requests for emergency assistance 
        and related data with other emergency communications centers 
        and emergency response providers, regardless of jurisdiction, 
        equipment, device, software, service provider, or other 
        relevant factors, and without the need for proprietary 
        interfaces.
            (8) Next generation 9-1-1.--The term ``Next Generation 9-1-
        1'' means an interoperable, secure, Internet Protocol-based 
        system that--
                    (A) employs commonly accepted standards;
                    (B) enables the appropriate emergency 
                communications centers to receive, process, and analyze 
                all types of 9-1-1 requests for emergency assistance;
                    (C) acquires and integrates additional information 
                useful to handling 9-1-1 requests for emergency 
                assistance; and
                    (D) supports sharing information related to 9-1-1 
                requests for emergency assistance among emergency 
                communications centers and emergency response 
                providers.
            (9) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, Puerto Rico, American 
        Samoa, Guam, the United States Virgin Islands, the Northern 
        Mariana Islands, and any other territory or possession of the 
        United States.
            (10) Telecommunications provider.--The term 
        ``telecommunications provider'' means an eligible 
        telecommunications carrier as designated under section 
        214(e)(2) of the Communications Act of 1934 (47 U.S.C. 
        214(e)(2)).
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