Amend CSHB 789 by adding the following appropriately numbered 
SECTIONS to the bill and renumbering subsequent SECTIONS as 
appropriate:
	SECTION ____.  Chapter 64, Utilities Code, is amended by 
adding Subchapter E to read as follows:

SUBCHAPTER E.  PROTECTIONS RELATED TO BROADBAND

NETWORKS AND ADVANCED SERVICES
	Sec. 64.201.  POLICY.  It is the policy of this state to 
foster free market intermodal communications competition, 
including providing incentives to invest in advanced 
communications infrastructure, while still maintaining the "end to 
end" concept that facilitated the creation and growth of the 
Internet and still preserving customer choice in the 
Internet-enabled applications customers employ in association with 
broadband service.
	Sec. 64.202.  PROHIBITION ON PREVENTION OR INHIBITION. A 
network provider that deploys broadband networks and provides 
advanced services may not prevent or inhibit the use of any 
application or product by customers in association with the use of 
an advanced service by blocking transmission and delivery of 
traffic to and from a particular port, Internet address, or 
Internet site, by limiting the speed available for use by any 
particular application, or by instituting technical limitations on 
the use of any Internet-enabled application.  However, a network 
provider may take reasonable and necessary actions to protect the 
network from harm and to prevent degradation of service to its 
general body of customers.  This section does not prohibit a network 
provider from offering or supporting a service or application, 
including adware, spyware, malware, antivirus, antispam, content 
filtering, or parental controls or protections, if the customer has 
a choice between the network provider's service or application and 
those of an unaffiliated vendor.
	Sec. 64.203.  PROHIBITION ON BLOCKING AND REDIRECTING.  A 
network provider that deploys broadband networks and provides 
advanced services or an Internet service may not knowingly or 
intentionally block or redirect a customer's attempt to access an 
Internet application or advanced service without notice to the 
customer unless the:
		(1)  blocking or redirecting is necessary to comply 
with the Digital Millennium Copyright Act (Pub. L. No. 105-304), 
any other federal or state law, a court order, a request from a law 
enforcement official, or a lawful process or is necessary for 
reasons of national security;
		(2)  owner or others in control of the application or 
advanced service request the blocking or redirecting of traffic;
		(3)  blocking or redirecting is necessary for the 
protection of the advanced services provider's or Internet service 
provider's customers, network, facilities, or business reputation 
or is the consequence of the advanced services provider's or 
Internet service provider's activities with respect to 
maintenance, monitoring, repair, network, reconfiguration, 
software or hardware changes, or network outages;
		(4)  blocking or redirecting occurs as a result of 
software changes, incompatibility of software used by the customer, 
or any other reason attributable to a third party or not within the 
reasonable control of the advanced services provider or Internet 
service provider;
		(5)  blocking or redirecting is done to provide notice 
to the customer of:
			(A)  network conditions;                                              
			(B)  conditions pertaining to the customer's 
system or software; or 
			(C)  changes to prices, features, functions, 
operations, or terms of service; or
		(6)  action taken is incident to the enforcement of, or 
allowed by, the posted terms of service, privacy policy or 
acceptable use policies, or conditions that apply to use of the 
service.
	Sec. 64.204.  JURISDICTION.  The commission has jurisdiction 
to enforce this subchapter.
	SECTION ____.  The Public Utility Commission of Texas shall 
conduct a study to determine whether Title 2, Utilities Code, 
adequately preserves customer choice in the Internet-enabled 
applications employed in association with broadband service and 
report its conclusions and recommendations to the legislature not 
later than January 1, 2007.  The study must include consultation 
with and comment from all interested parties.