Amends the Communications Act of 1934 to exclude from the definition of "common carrier" (regulated by the Federal Communications Commission [FCC] under the common carrier regulatory authority provided under title II of such Act) a provider of an information service or of advanced telecommunications capability when engaged in the provision of such service or capability.
Classifies broadband Internet access service as an "information service" under such Act (regulated by the FCC under title I of such Act using what is commonly referred to as a general "ancillary jurisdiction" to regulate only as may be necessary in the execution of its statutory functions).
Defines "broadband Internet access service" as a mass-market retail service by wire or radio that provides the capability to transmit data to, and receive data from, all or substantially all Internet endpoints, including any capabilities that are incidental to, and enable the operation of, the communications service, but excluding dial-up Internet access service. Provides for such definition to include a service utilizing advanced telecommunications capability under the Telecommunications Act of 1996.
Prohibits a provider of an information service from being: (1) treated as a telecommunications carrier when engaged in the provision of an information service, or (2) required to offer such service or any component of such service as a telecommunications service.
Excludes from the definition of: (1) "telecommunications carrier" (treated as a common carrier only to the extent that it is engaged in providing telecommunications services, except that the FCC determines whether the provision of fixed and mobile satellite service is treated as common carriage) a provider of an information service or of advanced telecommunications capability; and (2) "telecommunications service" any service that is an information service, any component of an information service, or advanced telecommunications capability.