6-8-06, House Passed Bill 321-101
Referred to Senate
109th CONGRESS
2d Session
H. R. 5252
IN THE SENATE OF THE UNITED STATES
June 12, 2006
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To promote the deployment of broadband networks and services.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Communications Opportunity,
Promotion, and Enhancement Act of 2006'.
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL CABLE FRANCHISING
Sec. 101. National cable franchising.
Sec. 103. Monitoring and reporting.
Sec. 104. Rule of construction.
TITLE II--ENFORCEMENT OF BROADBAND POLICY STATEMENT
Sec. 201. Enforcement of broadband policy statement.
TITLE III--VOIP/911
Sec. 301. Emergency services; interconnection.
Sec. 302. Compensation and contribution.
TITLE IV--MUNICIPAL PROVISION OF SERVICES
Sec. 401. Government authority to provide services.
TITLE V--BROADBAND SERVICE
Sec. 501. Stand-alone broadband service.
Sec. 502. Study of interference potential of broadband over power line
systems.
TITLE VI--SEAMLESS MOBILITY
Sec. 601. Development of seamless mobility.
TITLE I--NATIONAL CABLE FRANCHISING
SEC. 101. NATIONAL CABLE FRANCHISING.
(a) Amendment- Part III of title VI of the Communications Act of 1934 (47
U.S.C. 541 et seq.) is amended by adding at the end the following new section:
`SEC. 630. NATIONAL CABLE FRANCHISING.
`(a) National Franchises-
`(1) ELECTION- A person or group that is eligible under subsection (d)
may elect to obtain a national franchise under this section as authority
to provide cable service in a franchise area in lieu of any other authority
under Federal, State, or local law to provide cable service in such franchise
area. A person or group may not provide cable service under the authority
of this section in a franchise area unless such person or group has a
franchise under this section that is effective with respect to such franchise
area. A franchising authority may not require any person or group that
has a national franchise under this section in effect with respect to
a franchise area to obtain a franchise under section 621 or any other
law to provide cable service in such franchise area.
`(2) CERTIFICATION- To obtain a national franchise under this section
as authority to provide cable service in a franchise area, a person or
group shall--
`(A) file with the Commission a certification for a national franchise
containing the information required by paragraph (3) with respect to
such franchise area, if such person or group has not previously obtained
a national franchise; or
`(B) file with the Commission a subsequent certification for additional
franchise areas containing the information required by paragraph (3)
with respect to such additional franchise areas, if such person or group
has previously obtained a national franchise.
`(3) CONTENTS OF CERTIFICATION- Such certification shall be in such form
as the Commission shall require by regulation and shall contain--
`(A) the name under which such person or group is offering or intends
to offer cable service;
`(B) the names and business addresses of the directors and principal
executive officers, or the persons performing similar functions, of
such person or group;
`(C) the location of such person or group's principal business office;
`(D) the name, business address, electronic mail address, and telephone
and fax number of such person or group's local agent;
`(E) a declaration by such person or group that such person or group
is eligible under subsection (d) to obtain a national franchise under
this section;
`(F) an identification of each franchise area in which such person or
group seeks authority to offer cable service pursuant to such certification,
which franchise area shall be--
`(i) the entirety of a franchise area in which a cable operator is,
on the date of the filing of such certification, authorized to provide
cable service under section 621 or any other law (including this section);
or
`(ii) a geographic area that covers the entirety of the jurisdiction
of a unit of general local government, except that--
`(I) if the geographic area overlaps with a franchise area in which
a cable operator is, on such date, authorized to provide cable service
under section 621 or any other law, the geographic area identified
in the certification under this clause as a franchise area shall
not include the overlapping area; and
`(II) if such geographic area includes areas that are, respectively,
within the jurisdiction of different franchising authorities, the
certification shall specify each such area as a separate franchise
area;
`(G) a declaration that such person or group transmitted, or will transmit
on the day of filing such declaration, a copy of such certification
to the franchising authority for each franchise area for which such
person or group is filing a certification for authority to offer cable
service under this section;
`(H) a declaration by the person or group that the person or group will
comply with the rights-of-way requirements of the franchising authority
in accordance with subsection (f); and
`(I) a declaration by the person or group that--
`(i) the person or group will comply with all Commission consumer
protection and customer service rules under section 632(b) (including
the rules adopted under section 632(b) pursuant to subsection (g)
of this section); and
`(ii) the person or group agrees that such standards may be enforced
by the Commission or by the franchising authority in accordance with
subsection (g) of this section.
`(4) LOCAL NOTIFICATION; PRESERVATION OF OPPORTUNITY TO NEGOTIATE-
`(A) COPY TO FRANCHISING AUTHORITY- On the day of filing any certification
under paragraph (2)(A) or (B) for a franchise area, the person or group
shall transmit a copy of such certification to the franchising authority
for such area.
`(B) NEGOTIATED FRANCHISE AGREEMENTS PERMITTED- Nothing in this section
shall prevent a person or group from negotiating a franchise agreement
or any other authority to provide cable service in a franchise area
under section 621 or any other law. Upon entry into any such negotiated
franchise agreement, such negotiated franchise agreement shall apply
in lieu of any national franchise held by that person or group under
this section for such franchise area.
`(5) UPDATING OF CERTIFICATIONS- A person or group with a certification
under this section shall update any information contained in such certification
that is no longer accurate and correct.
`(6) PUBLIC AVAILABILITY OF CERTIFICATIONS- The Commission shall provide
for the public availability on the Commission's Internet website or other
electronic facility of all current certifications filed under this section.
`(b) Effectiveness; Duration-
`(1) EFFECTIVENESS- A national franchise under this section shall be effective
with respect to any franchise area 30 days after the date of the filing
of a completed certification under subsection (a)(2)(A) or (B) that applies
to such franchise area.
`(A) IN GENERAL- A franchise under this section that applies to a franchise
area shall be effective for that franchise area for a term of 10 years.
`(B) RENEWAL- A franchise under this section for a franchise area shall
be renewed automatically upon expiration of the 10-year period described
in subparagraph (A).
`(C) PUBLIC HEARING- At the request of a franchising authority in a
franchise area, a cable operator authorized under this section to provide
cable service in such franchise area shall, within the last year of
the 10-year period applicable under subparagraph (A) to the cable operator's
franchise for such franchise area, participate in a public hearing on
the cable operator's performance in the franchise area, including the
cable operator's compliance with the requirements of this title. The
hearing shall afford the public the opportunity to participate for the
purpose of identifying cable-related community needs and interests and
assessing the operator's performance. The cable operator shall provide
notice to its subscribers of the hearing at least 30 days prior to the
hearing. The Commission shall by rule specify the methods by which a
franchising authority shall notify a cable operator of the hearing for
which its participation is required under this subparagraph.
`(D) REVOCATION- A franchise under this section for a franchise area
may be revoked by the Commission--
`(i) for willful or repeated violation of any Federal or State law,
or any Commission regulation, relating to the provision of cable service
in such franchise area;
`(ii) for false statements or material omissions knowingly made in
any filing with the Commission relating to the provision of cable
service in such franchise area;
`(iii) for willful or repeated violation of the rights-of-way management
laws or regulations of any franchising authority in such franchise
area relating to the provision of cable service in such franchise
area; or
`(iv) for willful or repeated violation of the antidiscrimination
requirement of subsection (h) with respect to such franchise area.
`(E) NOTICE- The Commission shall send a notice of such revocation to
each franchising authority with jurisdiction over the franchise areas
for which the cable operator's franchise was revoked.
`(F) REINSTATEMENT- After a revocation under subparagraph (D) of a franchise
for a franchise area of any person or group , the Commission may refuse
to accept for filing a new certification for authority of such person
or group to provide cable service under this section in such franchise
area until the Commission determines that the basis of such revocation
has been remedied.
`(G) RETURN TO LOCAL FRANCHISING IF CABLE COMPETITION CEASES-
`(i) If only one cable operator is providing cable service in a franchise
area, and that cable operator obtained a national franchise for such
franchise area under subsection (d)(2), the franchising authority
for such franchise area may file a petition with the Commission requesting
that the Commission terminate such national franchise for such franchise
area.
`(ii) The Commission shall provide public notice and opportunity to
comment on such petition. If it finds that the requirements of clause
(i) are satisfied, the Commission shall issue an order granting such
petition. Such order shall take effect one year from the date of such
grant, if no other cable operator offers cable service in such area
during that one year. If another cable operator does offer cable service
in such franchise area during that one year, the Commission shall
rescind such order and dismiss such petition.
`(iii) A cable operator whose national franchise is terminated for
such franchise area under this subparagraph may obtain new authority
to provide cable service in such franchise area under this section,
section 621, or any other law, if and when eligible.
`(c) Requirements of National Franchise- A national franchise shall contain
the following requirements:
`(1) FRANCHISE FEE- A cable operator authorized under this section to
provide cable service in a franchise area shall pay to the franchising
authority in such franchise area a franchise fee of up to 5 percent (as
determined by the franchising authority) of such cable operator's gross
revenues from the provision of cable service under this section in such
franchise area. Such payment shall be assessed and collected in a manner
consistent with section 622 and the definitions of gross revenues and
franchise fee in this section.
`(2) PEG/I-NET REQUIREMENTS- A cable operator authorized under this section
to provide cable service in a franchise area shall comply with the requirements
of subsection (e).
`(3) RIGHTS-OF-WAY- A cable operator authorized under this section to
provide cable service in a franchise area shall comply with the rights-of-way
requirements of the franchising authority under subsection (f).
`(4) CONSUMER PROTECTION AND CUSTOMER SERVICE STANDARDS- A cable operator
authorized under this section to provide cable service in a franchise
area shall comply with the consumer protection and customer service standards
established by the Commission under section 632(b).
`(5) CHILD PORNOGRAPHY- A cable operator authorized under this section
to provide cable service in a franchise area shall comply with the regulations
on child pornography promulgated pursuant to subsection (i).
`(d) Eligibility for National Franchises- The following persons or groups
are eligible to obtain a national franchise under this section:
`(1) COMMENCEMENT OF SERVICE AFTER ENACTMENT- A person or group that is
not providing cable service in a franchise area on the date of enactment
of this section under section 621 or any other law may obtain a national
franchise under this section to provide cable service in such franchise
area.
`(2) EXISTING PROVIDERS OF CABLE SERVICE- A person or group that is providing
cable service in a franchise area on the date of enactment of this section
under section 621 or any other law may obtain a franchise under this section
to provide cable service in such franchise area if, on the date that the
national franchise becomes effective, another person or group is providing
cable service under this section, section 621, or any other law in such
franchise area.
`(e) Public, Educational, and Governmental Use-
`(1) IN GENERAL- Subject to paragraph (3), a cable operator with a national
franchise for a franchise area under this section shall provide channel
capacity for public, educational, and governmental use that is not less
than the channel capacity required of the cable operator with the most
subscribers in such franchise area on the effective date of such national
franchise. If there is no other cable operator in such franchise area
on the effective date of such national franchise, or there is no other
cable operator in such franchise area on such date that is required to
provide channel capacity for public, educational, and governmental use,
the cable operator shall provide the amount of channel capacity for such
use as determined by Commission rule.
`(2) PEG AND I-NET FINANCIAL SUPPORT- A cable operator with a national
franchise under this section for a franchise area shall pay an amount
equal to 1 percent of the cable operator's gross revenues (as such term
is defined in this section) in the franchise area to the franchising authority
for the support of public, educational, and governmental use and institutional
networks (as such term is defined in section 611(f)). Such payment shall
be assessed and collected in a manner consistent with section 622, including
the authority of the cable operator to designate that portion of a subscriber's
bill attributable to such payment. A cable operator that provided cable
service in a franchise area on the date of enactment of this section and
that obtains a national franchise under this section shall continue to
provide any institutional network that it was required to provide on the
day before its national franchise became effective in such franchise area
under section 621 or any other law. Notwithstanding section 621(b)(3)(D),
a franchising authority may not require a cable operator franchised under
this section to construct a new institutional network.
`(3) ADJUSTMENT- Every 10 years after the commencement of a franchise
under this section for a franchise area, a franchising authority may require
a cable operator authorized under such franchise to increase the channel
capacity designated for public, educational, or governmental use, and
the channel capacity designated for such use on any institutional networks
required under paragraph (2). Such increase shall not exceed the higher
of--
`(B) 10 percent of the public, educational, or governmental channel
capacity required of that operator prior to the increase.
`(4) TRANSMISSION AND PRODUCTION OF PROGRAMMING-
`(A) A cable operator franchised under this section shall ensure that
any public, educational, or governmental programming carried by the
cable operator under this section within a franchise area is available
to all of its subscribers in such franchise area.
`(B) The production of any programming provided under this subsection
shall be the responsibility of the franchising authority.
`(C) A cable operator franchised under this section shall be responsible
for the transmission from the signal origination point (or points) of
the programming, or from the point of interconnection with another cable
operator under subparagraph (D), to the cable operator's subscribers,
of any public, educational, or governmental programming produced by
or for the franchising authority and carried by the cable operator pursuant
to this section.
`(D) Unless two cable operators otherwise agree to the terms for interconnection
and cost sharing, such cable operators shall, if at least one of the
operators is providing cable service in the franchise area pursuant
to a franchise under this section, comply with regulations prescribed
by the Commission providing for--
`(i) the interconnection between two cable operators in a franchise
area for transmission of public, educational, or governmental programming,
without material deterioration in signal quality or functionality;
and
`(ii) the reasonable allocation of the costs of such interconnection
between such cable operators.
`(E) A cable operator shall display the program information for public,
educational, or governmental programming carried under this subsection
in any print or electronic program guide in the same manner in which
it displays program information for other video programming in the franchise
area. The cable operator shall not omit such public, educational, or
governmental programming from any navigational device, guide, or menu
containing other video programming that is available to subscribers
in the franchise area.
`(1) AUTHORITY TO USE- Any franchise under this section for a franchise
area shall be construed to authorize the construction of a cable system
over public rights-of-way, and through easements, which is within the
area to be served by the cable system and which have been dedicated for
compatible uses, except that in using such easements the cable operator
shall ensure that--
`(A) the safety, functioning, and appearance of the property and the
convenience and the safety of other persons not be adversely affected
by the installation or construction of facilities necessary for a cable
system;
`(B) the cost of the installation, construction, operation, or removal
of such facilities be borne by the cable operator or subscriber, or
a combination of both; and
`(C) the owner of the property be justly compensated by the cable operator
for any damages caused by the installation, construction, operation,
or removal of such facilities by the cable operator.
`(2) MANAGEMENT OF PUBLIC RIGHTS-OF-WAY- Nothing in this section affects
the authority of a State or local government (including a franchising
authority) over a person or group in their capacity as a cable operator
with a franchise under this section to manage, on a reasonable, competitively
neutral, and non-discriminatory basis, the public rights-of-way, and easements
that have been dedicated for compatible uses. A State or local government
(including a franchising authority) may, on a reasonable, competitively
neutral, and non-discriminatory basis--
`(A) impose charges for such management; and
`(B) require compliance with such management, such charges, and paragraphs
(1)(A), (B), and (C).
`(g) Consumer Protection and Customer Service-
`(1) NATIONAL STANDARDS- Notwithstanding section 632(d), no State or local
law (including any regulation) shall impose on a cable operator franchised
under this section any consumer protection or customer service requirements
other than consumer protection or customer service requirements of general
applicability.
`(2) PROCEEDING- Within 120 days after the date of enactment of this section,
the Commission shall issue a report and order that updates for cable operators
franchised under this section the national consumer protection and customer
service rules under section 632(b), taking into consideration the national
nature of a franchise under this section and the role of State and local
governments in enforcing, but not creating, consumer protection and customer
service standards for cable operators franchised under this section.
`(3) REQUIREMENTS OF NEW RULES-
`(A) Such rules shall, in addition to the requirements of section 632(b),
address, with specificity, no less than the following consumer protection
and customer service issues:
`(i) Billing, billing disputes, and discontinuation of service, including
when and how any late fees may be assessed (but not the amount of
such fees).
`(ii) Loss of service or service quality.
`(iii) Changes in channel lineups or other cable services and features.
`(iv) Availability of parental control options.
`(B) The Commission's revised consumer protection rules shall provide
for forfeiture penalties, or customer rebates, refunds or credits, or
both, and shall establish forfeiture, rebate, refund, and credit guidelines
with respect to violations of such rules. Such guidelines shall--
`(i) provide for increased forfeiture penalties for repeated violations
of the standards in such rules; and
`(ii) establish procedures by which any forfeiture penalty assessed
by the Commission under this subsection shall be paid by the cable
operator directly to the franchising authority affected by the violation.
`(A) IN GENERAL- Any person may file a complaint with respect to an
alleged violation of the Commission's revised consumer protection rules
in a franchise area by a cable operator franchised under this section--
`(i) with the franchising authority in such area; or
`(ii) with the Commission.
`(B) LOCAL FRANCHISING AUTHORITY PROCEDURE- On its own motion or at
the request of any person, a franchising authority for a franchise area
may--
`(i) initiate its own complaint proceeding with respect to such an
alleged violation; or
`(ii) file a complaint with the Commission regarding such an alleged
violation.
`(C) TIMING- The Commission or the franchising authority conducting
a proceeding under this paragraph shall render a decision on any complaint
filed under this paragraph within 90 days of its filing.
`(5) LOCAL FRANCHISING ORDERS-
`(A) REQUIRING COMPLIANCE- In a proceeding commenced by a franchising
authority, a franchising authority may issue an order requiring compliance
with the Commission's revised consumer protection rules, but a franchising
authority may not create any new standard or regulation, or expand upon
or modify the Commission's revised consumer protection rules.
`(B) ACCESS TO RECORDS- In such a proceeding, the franchising authority
may issue an order requiring the filing of any data, documents, or records
(including any contract, agreement, or arrangement between the subscriber
and the cable operator) that are directly related to the alleged violation.
`(C) COST OF FRANCHISING AUTHORITY ORDERS- A franchising authority may
charge a cable operator franchised under this section a nominal fee
to cover the costs of issuing orders under this paragraph.
`(6) COMMISSION REMEDIES; APPEALS-
`(A) REMEDIES- An order of a franchising authority under this subsection
shall be enforced by the Commission under this Act if--
`(i) the order is not appealed to the Commission;
`(ii) the Commission does not agree to grant review during the 30-day
period described in subparagraph (B); or
`(iii) the order is sustained on appeal by the Commission.
`(B) APPEALS- Any party may file a notice of appeal of an order of a
franchising authority under this subsection with the Commission, and
shall transmit a copy of such notice to the other parties to the franchising
authority proceeding. Such appeal shall be deemed denied at the end
of the 30-day period beginning on the date of the filing unless the
Commission agrees within such period to grant review of the appeal.
`(C) TIMING- After the filing of a notice of appeal under subparagraph
(B), if such notice is not denied by operation of such subparagraph,
the Commission shall render a decision within 90 days of such filing.
`(A) IN GENERAL- Not later than 1 year after the date of enactment of
this section, and annually thereafter, the Commission shall submit a
report to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate
on the implementation of this subsection, including the following:
`(i) The number of complaints filed with franchising authorities under
clause (4)(A)(i).
`(ii) Any trends concerning complaints, such as increases in the number
of particular types of complaints or in new types of complaints.
`(iii) The timeliness of the response of such franchising authorities
and the results of the complaints filed with such franchising authorities,
if not appealed to the Commission.
`(iv) The number of complaints filed with the Commission under clause
(4)(A)(ii).
`(v) The number of appeals filed with the Commission under paragraph
(6)(B) and the number of such appeals which the Commission agreed
to hear.
`(vi) The timeliness of the Commission's responses to such complaints
and appeals.
`(vii) The results of such complaints and appeals filed with the Commission.
`(B) SUBMISSION OF INFORMATION BY FRANCHISING AUTHORITIES- The Commission
may request franchising authorities to submit information about the
complaints filed with the franchising authorities under subparagraph
(4)(A)(i), including the number of such complaints and the timeliness
of the response and the results of such complaints.
`(8) DEFINITION- For purposes of this subsection, the term `Commission's
revised consumer protection rules' means the national consumer protection
and customer service rules under section 632(b) as revised by the Commission
pursuant to paragraph (2) of this subsection.
`(1) PROHIBITION- A cable operator with a national franchise under this
section to provide cable service in a franchise area shall not deny access
to its cable service to any group of potential residential cable service
subscribers in such franchise area because of the income of that group.
`(A) COMPLAINT- If a franchising authority in a franchise area has reasonable
cause to believe that a cable operator is in violation of this subsection
with respect to such franchise area, the franchising authority may,
after complying with subparagraph (B), file a complaint with the Commission
alleging such violation.
`(B) NOTICE BY FRANCHISING AUTHORITY- Before filing a complaint with
the Commission under subparagraph (A), a franchising authority--
`(i) shall give notice of each alleged violation to the cable operator;
`(ii) shall provide a period of not less than 30 days for the cable
operator to respond to such allegations; and
`(iii) during such period, may require the cable operator to submit
a written response stating the reasons why the operator has not violated
this subsection.
`(C) BIANNUAL REPORT- A cable operator with a national franchise under
this section for a franchise area, not later than 180 days after the
effective date of such national franchise, and biannually thereafter,
shall submit a report to the Commission and the franchising authority
in the franchise area--
`(i) identifying the geographic areas in the franchise area where
the cable operator offers cable service; and
`(ii) describing the cable operator's progress in extending cable
service to other areas in the franchise area.
`(D) NOTICE BY COMMISSION- Upon receipt of a complaint under this paragraph
alleging a violation of this subsection by a cable operator, the Commission
shall give notice of the complaint to the cable operator.
`(E) INVESTIGATION- In investigating a complaint under this paragraph,
the Commission may require a cable operator to disclose to the Commission
such information and documents as the Commission deems necessary to
determine whether the cable operator is in compliance with this subsection.
The Commission shall maintain the confidentiality of any information
or document collected under this subparagraph.
`(F) DEADLINE FOR RESOLUTION OF COMPLAINTS- Not more than 60 days after
the Commission receives a complaint under this paragraph, the Commission
shall issue a determination with respect to each violation alleged in
the complaint.
`(G) DETERMINATION- If the Commission determines (in response to a complaint
under this paragraph or on its own initiative) that a cable operator
with a franchise under this section to provide cable service in a franchise
area has denied access to its cable service to a group of potential
residential cable service subscribers in such franchise area because
of the income of that group, the Commission shall ensure that the cable
operator extends access to that group within a reasonable period of
time.
`(i) IN GENERAL- This subsection shall be enforced by the Commission
under titles IV and V.
`(ii) MAXIMUM FORFEITURE PENALTY- For purposes of section 503, the
maximum forfeiture penalty applicable to a violation of this subsection
shall be $750,000 for each day of the violation.
`(iii) PAYMENT OF PENALTIES TO FRANCHISING AUTHORITY- The Commission
shall order any cable operator subject to a forfeiture penalty under
this subsection to pay the penalty directly to the franchising authority
involved.
`(i) Child Pornography- Not later than 180 days after the date of enactment
of this section, the Commission shall promulgate regulations to require
a cable operator with a national franchise under this section to prevent
the distribution of child pornography (as such term is defined in section
254(h)(7)(F)) over its network.
`(j) Leased Access- The provisions of section 612(i) regarding the carriage
of programming from a qualified minority programming source or from any
qualified educational programming source shall apply to a cable operator
franchised under this section to provide cable service in a franchise area.
`(k) Applicability of Other Provisions- The provisions of this title that
apply to a cable operator shall apply in a franchise area to a person or
group with a national franchise under this section to provide cable service
in such franchise area, except that the following sections shall not apply
in a franchise area to a person or group franchised under this section in
such franchise area, or confer any authority to regulate or impose obligations
on such person or group in such franchise area: Sections 611(a), 611(b),
611(c), 613(a), 617, 621 (other than subsections (b)(3)(A), (b)(3)(B), (b)(3)(C),
and (c)), 624(b), 624(c), 624(h), 625, 626, 627, and 632(a).
`(l) Emergency Alerts- Nothing in this section shall be construed to prohibit
a State or local government from accessing the emergency alert system of
a cable operator with a franchise under this section in the area served
by the State or local government to transmit local or regional emergency
alerts.
`(m) Reporting, Records, and Audits-
`(1) REPORTING- A cable operator with a franchise under this section to
provide cable service in a franchise area shall make such periodic reports
to the Commission and the franchising authority for such franchise area
as the Commission may require to verify compliance with the fee obligations
of subsections (c)(1) and (e)(2).
`(2) AVAILABILITY OF BOOKS AND RECORDS- Upon request under paragraph (3)
by a franchising authority for a franchise area, and upon request by the
Commission, a cable operator with a national franchise for such franchise
area shall make available its books and records to periodic audit by such
franchising authority or the Commission, respectively.
`(3) FRANCHISING AUTHORITY AUDIT PROCEDURE- A franchising authority may,
upon reasonable written request, but no more than once in any 12-month
period, review the business records of such cable operator to the extent
reasonably necessary to ensure payment of the fees required by subsections
(c)(1) and (e)(2). Such review may include the methodology used by such
cable operator to assign portions of the revenue from cable service that
may be bundled or functionally integrated with other services, capabilities,
or applications. Such review shall be conducted in accordance with procedures
established by the Commission.
`(A) To the extent that the review under paragraph (3) identifies an
underpayment of an amount meeting the minimum percentage specified in
subparagraph (B) of the fee required under subsection (c)(1) or (e)(2)
for the period of review, the cable operator shall reimburse the franchising
authority the reasonable costs of any such review conducted by an independent
third party, as determined by the Commission, with respect to such fee.
The costs of any contingency fee arrangement between the franchising
authority and the independent reviewer shall not be subject to reimbursement.
`(B) The Commission shall determine by rule the minimum percentage underpayment
that requires cost reimbursement under subparagraph (A).
`(5) LIMITATION- Any fee that is not reviewed by a franchising authority
within 3 years after it is paid or remitted shall not be subject to later
review by the franchising authority under this subsection and shall be
deemed accepted in full payment by the franchising authority.
`(6) FEE DISPUTE RESOLUTION-
`(A) COMPLAINT- A franchising authority or a cable operator may file
a complaint at the Commission to resolve a dispute between such authority
and operator with respect to the amount of any fee required under subsection
(c)(1) or (e)(2) if--
`(i) the franchising authority or the cable operator provides the
other entity written notice of such dispute; and
`(ii) the franchising authority and the cable operator have not resolved
the dispute within 90 calendar days after receipt of such notice.
`(B) MEETINGS- Within 30 calendar days after receipt of notice of a
dispute provided pursuant to subparagraph (A)(i), representatives of
the franchising authority and the cable operator, with authority to
resolve the dispute, shall meet to attempt to resolve the dispute.
`(C) LIMITATION- A complaint under subparagraph (A) shall be filed not
later than 3 years after the end of the period to which the disputed
amount relates, unless such time is extended by written agreement between
the franchising authority and cable operator.
`(D) RESOLUTION- The Commission shall issue an order resolving any complaint
filed under subparagraph (A) within 90 days of filing.
`(n) Access to Programming for Shared Facilities-
`(1) PROHIBITION- A cable programming vendor in which a cable operator
has an attributable interest shall not deny a cable operator with a national
franchise under this section access to video programming solely because
such cable operator with a national franchise uses a headend for its cable
system that is also used, under a shared ownership or leasing agreement,
as the headend for another cable system.
`(2) DEFINITION- The term `cable programming vendor' means a person engaged
in the production, creation, or wholesale distribution for sale of video
programming which is primarily intended for the direct receipt by cable
operators for their retransmission to cable subscribers.
`(o) Gross Revenues- As used in this section:
`(1) IN GENERAL- Subject to paragraphs (2) and (3), the term `gross revenues'
means all consideration of any kind or nature, including cash, credits,
property, and in-kind contributions (services or goods) received by the
cable operator from the provision of cable service within the franchise
area.
`(2) INCLUDED ITEMS- Subject to paragraph (3), the term `gross revenues'
shall include the following:
`(A) all charges and fees paid by subscribers for the provision of cable
service, including fees attributable to cable service when sold individually
or as part of a package or bundle, or functionally integrated, with
services other than cable service;
`(B) any franchise fee imposed on the cable operator that is passed
on to subscribers;
`(C) compensation received by the cable operator for promotion or exhibition
of any products or services over the cable service, such as on `home
shopping' or similar programming;
`(D) revenue received by the cable operator as compensation for carriage
of video programming or other programming service on that operator's
cable service;
`(E) all revenue derived from the cable operator's cable service pursuant
to compensation arrangements for advertising; and
`(F) any advertising commissions paid to an affiliated third party for
cable services advertising.
`(3) EXCLUDED ITEMS- The term `gross revenues' shall not include the following:
`(A) any revenue not actually received, even if billed, such as bad
debt net of any recoveries of bad debt;
`(B) refunds, rebates, credits, or discounts to subscribers or a municipality
to the extent not already offset by subparagraph (A) and to the extent
such refund, rebate, credit, or discount is attributable to the cable
service;
`(C) subject to paragraph (4), any revenues received by the cable operator
or its affiliates from the provision of services or capabilities other
than cable service, including telecommunications services, Internet
access services, and services, capabilities, and applications that may
be sold as part of a package or bundle, or functionally integrated,
with cable service;
`(D) any revenues received by the cable operator or its affiliates for
the provision of directory or Internet advertising, including yellow
pages, white pages, banner advertisement, and electronic publishing;
`(E) any amounts attributable to the provision of cable service to customers
at no charge, including the provision of such service to public institutions
without charge;
`(F) any tax, fee, or assessment of general applicability imposed on
the customer or the transaction by a Federal, State, or local government
or any other governmental entity, collected by the provider, and required
to be remitted to the taxing entity, including sales and use taxes and
utility user taxes;
`(G) any forgone revenue from the provision of cable service at no charge
to any person, except that any forgone revenue exchanged for trades,
barters, services, or other items of value shall be included in gross
revenue;
`(H) sales of capital assets or surplus equipment;
`(I) reimbursement by programmers of marketing costs actually incurred
by the cable operator for the introduction of new programming; and
`(J) the sale of cable services for resale to the extent the purchaser
certifies in writing that it will resell the service and pay a franchise
fee with respect thereto.
`(4) FUNCTIONALLY INTEGRATED SERVICES- In the case of a cable service
that is bundled or integrated functionally with other services, capabilities,
or applications, the portion of the cable operator's revenue attributable
to such other services, capabilities, or applications shall be included
in gross revenue unless the cable operator can reasonably identify the
division or exclusion of such revenue from its books and records that
are kept in the regular course of business.
`(5) AFFILIATE REVENUE- Revenue of an affiliate shall be included in the
calculation of gross revenues to the extent the treatment of such revenue
as revenue of the affiliate has the effect (whether intentional or unintentional)
of evading the payment of franchise fees which would otherwise be paid
for cable service.
`(6) AFFECT ON OTHER LAW- Nothing in this section is intended to limit
a franchising authority's rights pursuant to section 622(h).
`(p) Additional Definitions- For purposes of this section:
`(1) CABLE OPERATOR- The term `cable operator' has the meaning provided
in section 602(5) except that such term also includes a person or group
with a national franchise under this section.
`(A) The term `franchise fee' includes any fee or assessment of any
kind imposed by a franchising authority or other governmental entity
on a person or group providing cable service in a franchise area under
this section, or on a subscriber of such person or group, or both, solely
because of their status as such.
`(B) The term `franchise fee' does not include--
`(i) any tax, fee, or assessment of general applicability (including
any such tax, fee, or assessment imposed on both utilities and a person
or group providing cable service in a franchise area under this section
(or the services of such person or group) but not including a fee
or assessment which is unduly discriminatory against such person or
group or the subscribers of such person or group);
`(ii) any fee assessed under subsection (e)(2) for support of public,
educational, and governmental use and institutional networks (as such
term is defined in section 611(f));
`(iii) requirements or charges under subsection (f)(2) for the management
of public rights-of-way, including payments for bonds, security funds,
letters of credit, insurance, indemnification, penalties, or liquidated
damages; or
`(iv) any fee imposed under title 17, United States Code.
`(3) INTERNET ACCESS SERVICE- The term `Internet access service' means
a service that enables users to access content, information, electronic
mail, or other services offered over the Internet.
`(4) UNIT OF GENERAL LOCAL GOVERNMENT- The term `unit of general local
government' means--
`(A) a county, township, city, or political subdivision of a county,
township, or city;
`(B) the District of Columbia; or
`(C) the recognized governing body of an Indian tribe or Alaskan Native
village that carries out substantial governmental duties and powers.'.
(b) Implementing Regulations- The Federal Communications Commission shall
prescribe regulations to implement the amendment made by subsection (a)
within 120 days after the date of enactment of this Act.
SEC. 102. DEFINITIONS.
Section 602 of the Communications Act of 1934 (47 U.S.C. 522) is amended--
(1) in paragraph (4), by inserting before the semicolon at the end the
following: `, or its equivalent as determined by the Commission';
(2) in paragraph (5)(A), by inserting `(regardless of whether such person
or group provides such service separately or combined with a telecommunications
service or information service)' after `over a cable system';
(3) by striking paragraph (6) and inserting the following:
`(6) the term `cable service' means--
`(A)(i) the one-way transmission to subscribers of (I) video programming,
or (II) other programming service; and
`(ii) subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service; or
`(B) the transmission to subscribers of video programming or other programming
service provided through wireline facilities located at least in part
in the public rights-of-way, without regard to delivery technology,
including Internet protocol technology, except to the extent that such
video programming or other programming service is provided as part of--
`(i) a commercial mobile service (as such term is defined in section
332(d)); or
`(ii) an Internet access service (as such term is defined in section
630(p));';
(4) in paragraph (7)(D), by inserting after `section 653 of this title'
the following; `except in a franchise area in which such system is used
to provide cable service under a national franchise pursuant to section
630';
(A) by inserting `(A)' after `means'; and
(B) by inserting before the semicolon at the end the following: `; and
(B) a national franchise that is effective under section 630 on the
basis of a certification with the Commission'; and
(6) in paragraph (10), by inserting before the semicolon at the end the
following: `, but does not include the Commission with respect to a national
franchise under section 630'.
SEC. 103. MONITORING AND REPORTING.
(a) Report on Cable Service Deployment- The Federal Communications Commission
shall, commencing not later than one year after the date of enactment of
this Act, issue a report annually on the deployment of cable service pursuant
to the amendments made by this title. In its report, the Commission shall
describe in detail--
(1) with respect to deployment by new cable operators--
(A) the progress of deployment of such service within the telephone
service area of cable operators, if the operator is also an incumbent
local exchange carrier, including a comparison with the progress of
deployment of broadband services not defined as cable services within
such telephone service area;
(B) the number of franchise areas in which such service is being deployed
and offered;
(C) where such service is not being deployed and offered; and
(D) the number and locations of franchise areas in which the cable operator
is serving only a portion of the franchise area, and the extent of such
service within the franchise area;
(2) the number and locations of franchise areas in which a cable operator
with a franchise under section 621 of the Communications Act of 1934 (47
U.S.C. 541) on the date of enactment of this Act withdraws service from
any portion of the franchise area for which it previously offered service,
and the extent of such withdrawal of service within the franchise area;
(3) the rates generally charged for cable service;
(4) the rates charged by overlapping, competing multichannel video programming
distributors and by competing cable operators for comparable service or
cable service;
(5) the average household income of those franchise areas or portions
of franchise areas where cable services is being offered, and the average
household income of those franchise areas, or portions of franchise areas,
where cable service is not being offered;
(6) the proportion of rural households to urban households, as defined
by the Bureau of the Census, in those franchise areas or portions of franchise
areas where cable service is being offered, and the proportion of rural
households to urban households in those franchise areas or portions of
franchise areas where cable service is not being offered, including a
State-by-State breakdown of such data and a comparison with the overall
ratio of rural and urban households in each State; and
(7) a comparison of the services and rates in areas served by national
franchisees under section 630 of the Communications Act of 1934 (as added
by section 101 of this Act) and the services and rates in other areas.
(b) Cable Operator Reports- The Federal Communications Commission is authorized--
(1) to require cable operators to report to the Commission all of the
information that the Commission needs to compile the report required by
this section; and
(2) to require cable operators to file the same information with the relevant
franchising authorities and State commissions.
SEC. 104. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall affect the
application or interpretation of section 224 of the Communications Act of
1934 (47 U.S.C. 224).
TITLE II--ENFORCEMENT OF BROADBAND POLICY STATEMENT
SEC. 201. ENFORCEMENT OF BROADBAND POLICY STATEMENT.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended
by adding at the end the following new section:
`SEC. 715. ENFORCEMENT OF BROADBAND POLICY STATEMENT.
`(a) Authority- The Commission shall have the authority to enforce the Commission's
broadband policy statement and the principles incorporated therein.
`(1) IN GENERAL- This section shall be enforced by the Commission under
titles IV and V. A violation of the Commission's broadband policy statement
or the principles incorporated therein shall be treated as a violation
of this Act.
`(2) MAXIMUM FORFEITURE PENALTY- For purposes of section 503, the maximum
forfeiture penalty applicable to a violation described in paragraph (1)
of this subsection shall be $500,000 for each violation.
`(3) ADJUDICATORY AUTHORITY- The Commission shall have exclusive authority
to adjudicate any complaint alleging a violation of the broadband policy
statement and the principles incorporated therein. The Commission shall
complete an adjudicatory proceeding under this subsection not later than
90 days after receipt of the complaint. If, upon completion of an adjudicatory
proceeding pursuant to this section, the Commission determines that such
a violation has occurred, the Commission shall have authority to adopt
an order to require the entity subject to the complaint to comply with
the broadband policy statement and the principles incorporated therein.
Such authority shall be in addition to the authority specified in paragraph
(1) to enforce this section under titles IV and V. In addition, the Commission
shall have authority to adopt procedures for the adjudication of complaints
alleging a violation of the broadband policy statement or principles incorporated
therein.
`(4) LIMITATION- Notwithstanding paragraph (1), the Commission's authority
to enforce the broadband policy statement and the principles incorporated
therein does not include authorization for the Commission to adopt or
implement rules or regulations regarding enforcement of the broadband
policy statement and the principles incorporated therein, with the sole
exception of the authority to adopt procedures for the adjudication of
complaints, as provided in paragraph (3).
`(c) Study- Within 180 days after the date of enactment of this section,
the Commission shall conduct, and submit to the House Committee on Energy
and Commerce and the Senate Committee on Commerce, Science, and Transportation,
a study regarding whether the objectives of the broadband policy statement
and the principles incorporated therein are being achieved.
`(d)(1) Rule of Construction- Nothing in this section shall be construed
to modify, impair, or supersede the applicability of the antitrust laws
or the jurisdiction of the district courts of the United States to hear
claims arising under the antitrust laws.
`(2) Definition of Antitrust Laws- The term `antitrust laws' has the meaning
given it in subsection (a) of the first section of the Clayton Act (15 U.S.C.
12(a)), except that such term includes section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods
of competition.
`(e) Definition- For purposes of this section, the term `Commission's broadband
policy statement' means the policy statement adopted on August 5, 2005,
and issued on September 23, 2005, In the Matters of Appropriate Framework
for Broadband Access to the Internet over Wireline Facilities, and other
Matters (FCC 05-151; CC Docket No. 02-33; CC Docket No. 01-337; CC Docket
Nos. 95-20, 98-10; GN Docket No. 00-185; CS Docket No. 02-52).'.
TITLE III--VOIP/911
SEC. 301. EMERGENCY SERVICES; INTERCONNECTION.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is further
amended by adding after section 715 (as added by section 201 of this Act)
the following new sections:
`SEC. 716. EMERGENCY SERVICES.
`(a) 911 and E-911 Services-
`(1) IN GENERAL- Each VOIP service provider has a duty to ensure that
911 and E-911 services are provided to subscribers of VOIP services.
`(2) USE OF EXISTING REGULATIONS- A VOIP service provider that complies
with the Commission's regulations requiring providers of VOIP service
to supply 911 and E911 capabilities to their customers (Report and Order
in WC Docket Nos. 04-36 and 05-196) and that are in effect on the date
of enactment of this section shall be considered to be in compliance with
the requirements of this section, other than subsection (c), until such
regulations are modified or superseded by subsequent regulations.
`(b) Non-Discriminatory Access to Capabilities-
`(1) ACCESS- Each incumbent local exchange carrier (as such term is defined
in section 251(h)) or government entity with ownership or control of the
necessary E-911 infrastructure shall provide any requesting VOIP service
provider with nondiscriminatory access to such infrastructure. Such carrier
or entity shall provide access to the infrastructure at just and reasonable,
nondiscriminatory rates, terms, and conditions. Such access shall be consistent
with industry standards established by the National Emergency Number Association
or other applicable industry standards organizations.
`(2) ENFORCEMENT- The Commission or a State commission may enforce the
requirements of this subsection and the Commission's regulations thereunder.
A VOIP service provider may obtain access to such infrastructure pursuant
to section 717 by asserting the rights described in such section.
`(c) New Customers- A VOIP service provider shall make 911 service available
to new customers within a reasonable time in accordance with the following
requirements:
`(1) CONNECTION TO SELECTIVE ROUTER- For all new customers not within
the geographic areas where a VOIP service provider can immediately provide
911 service to the geographically appropriate PSAP, a VOIP service provider,
or its third party vendor, shall have no more than 30 days from the date
the VOIP provider has acquired a customer to order service providing connectivity
to the selective router so that 911 service, or E911 service where the
PSAP is capable of receiving and processing such information, can be provided
through the selective router.
`(2) INTERIM SERVICE- For all new customers not within the geographic
areas where the VOIP service provider can immediately provide 911 service
to the geographically appropriate PSAP, a VOIP service provider shall
provide 911 service through--
`(A) an arrangement mutually agreed to by the VOIP service provider
and the PSAP or PSAP governing authority; or
`(B) an emergency response center with national call routing capabilities.
Such service shall be provided 24 hours a day from the date a VOIP service
provider has acquired a customer until the VOIP service provider can provide
911 service to the geographically appropriate PSAP.
`(3) NOTICE- Before providing service to any new customer not within the
geographic areas where the VOIP service provider can immediately provide
911 service to the geographically appropriate PSAP, a VOIP service provider
shall provide such customer with clear notice that 911 service will be
available only as described in paragraph (2).
`(4) RESTRICTION ON ACQUISITION OF NEW CUSTOMERS- A VOIP service provider
may not acquire new customers within a geographic area served by a selective
router if, within 180 days of first acquiring a new customer in the area
served by the selective router, the VOIP service provider does not provide
911 service, or E911 service where the PSAP is capable of receiving and
processing such information, to the geographically appropriate PSAP for
all existing customers served by the selective router.
`(5) ENFORCEMENT: NO FIRST WARNINGS- Paragraph (5) of section 503(b) shall
not apply to the assessment of forfeiture penalties for violations of
this subsection or the regulations thereunder.
`(d) State Authority- Nothing in this Act or any Commission regulation or
order shall prevent the imposition on or collection from a VOIP service
provider, of any fee or charge specifically designated or presented as dedicated
by a State, political subdivision thereof, or Indian tribe on an equitable,
and non-discriminatory basis for the support of 911 and E-911 services if
no portion of the revenue derived from such fee or charge is obligated or
expended for any purpose other than support of 911 and E-911 services or
enhancements of such services.
`(e) Feasibility- In establishing requirements or obligations under subsections
(a) and (b), the Commission shall ensure that such standards impose requirements
or obligations on VOIP service providers and entities with ownership or
control of necessary E-911 infrastructure that the Commission determines
are technologically and operationally feasible. In determining the requirements
and obligations that are technologically and operationally feasible, the
Commission shall take into consideration available industry technological
and operational standards.
`(f) Progress Reports- To the extent that the Commission concludes that
it is not technologically or operationally feasible for VOIP service providers
to comply with E-911 requirements or obligations, then the Commission shall
submit reports to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate
on the progress in attaining and deploying E-911 service. Such reports shall
be submitted semiannually until the Commission concludes that it is technologically
and operationally feasible for all VOIP service providers to comply with
E-911 requirements and obligations. Such reports may include any recommendations
the Commission considers appropriate to encourage the migration of emergency
services to TCP/IP protocol or other advanced services.
`(g) Access to Information- The Commission shall have the authority to compile
a list of PSAP contact information, testing procedures, and classes and
types of services supported by PSAPs, or other information concerning the
necessary E-911 infrastructure, for the purpose of assisting providers in
complying with the requirements of this section.
`(h) Emergency Routing Number Administrator- Within 30 days after the date
of enactment of this section, the Federal Communications Commission shall
establish an emergency routing number administrator to enable VOIP service
providers to acquire non-dialable pseudo-automatic number identification
numbers for 9-1-1 routing purposes on a national scale. The Commission may
adopt such rules and practices as are necessary to guide such administrator
in the fair and expeditious assignment of these numbers.
`(i) Emergency Response Systems-
`(1) NOTICE PRIOR TO INSTALLATION OR NUMBER ACTIVATION OF VOIP SERVICE-
Prior to installation or number activation of VOIP service for a customer,
a VOIP service provider shall provide clear and conspicuous notice to
the customer that--
`(A) such customer should arrange with his or her emergency response
system provider, if any, to test such system after installation;
`(B) such customer should notify his or her emergency response system
provider after VOIP service is installed; and
`(C) a battery backup is required for customer premises equipment installed
in connection with the VOIP service in order for the signaling of such
system to function in the event of a power outage.
`(2) DEFINITION- In this subsection:
`(A) The term `emergency response system' means an alarm or security
system, or personal security or medical monitoring system, that is connected
to an emergency response center by means of a telecommunications carrier
or VOIP service provider.
`(B) The term `emergency response center' means an entity that monitors
transmissions from an emergency response system.
`(j) Migration to IP-Enabled Emergency Network-
`(1) NATIONAL REPORT- No more than 18 months after the date of the enactment
of this section, the National 911 Implementation and Coordination Office
shall develop a report to Congress on migrating to a national IP-enabled
emergency network capable of receiving and responding to all citizen activated
emergency communications.
`(2) CONTENTS OF REPORT- The report required by paragraph (1) shall--
`(A) outline the potential benefits of such a migration;
`(B) identify barriers that must be overcome and funding mechanisms
to address those barriers;
`(C) include a proposed timetable, an outline of costs and potential
savings;
`(D) provide recommendations on specific legislative language,
`(E) provide recommendations on any legislative changes, including updating
definitions, to facilitate a national IP-enabled emergency network;
and
`(F) assess, collect, and analyze the experiences of the PSAPs and related
public safety authorities who are conducting trial deployments of IP-enabled
emergency networks as of the date of enactment of this section.
`(3) CONSULTATION- In developing the report required by paragraph (1),
the Office shall consult with representatives of the public safety community,
technology and telecommunications providers, and others it deems appropriate.
`(1) DEADLINE- The Commission shall prescribe regulations to implement
this section within 120 days after the date of enactment of this section.
`(2) LIMITATION- Nothing in this section shall be construed to permit
the Commission to issue regulations that require or impose a specific
technology or technological standard.
`(l) Definitions- For purposes of this section:
`(1) VOIP SERVICE- The term `VOIP service' means a service that--
`(A) provides real-time 2-way voice communications transmitted through
customer premises equipment using TCP/IP protocol, or a successor protocol
(including when the voice communication is converted to or from TCP/IP
protocol by the VOIP service provider and transmitted to the subscriber
without use of circuit switching), for a fee or without a fee;
`(B) is offered to the public, or such classes of users as to be effectively
available to the public (whether part of a bundle of services or separately);
and
`(C) has the capability so that the service can originate traffic to,
and terminate traffic from, the public switched telephone network.
`(2) VOIP SERVICE PROVIDER- The term `VOIP service provider' means any
person who provides or offers to provide a VOIP service.
`(3) NECESSARY E-911 INFRASTRUCTURE- The term `necessary E-911 infrastructure'
means the originating trucks to the selective routers, selective routers,
databases (including automatic location information databases and master
street address guides), trunks, or other related facilities necessary
for the delivery and completion of 911 and E-911 calls, or other 911 and
E-911 equipment, facilities, databases, interfaces, and related capabilities
specified by the Commission.
`(4) NON-DIALABLE PSEUDO-AUTOMATIC NUMBER IDENTIFICATION NUMBER- The term
`non-dialable pseudo-automatic number identification number' means a number,
consisting of the same number of digits as numbers used for automatic
number identification, that is not a North American Numbering Plan telephone
directory number and that may be used in place of an automatic number
identification number to convey special meaning. The special meaning assigned
to the non-dialable pseudo-automatic number identification number is determined
by nationally standard agreements, or by individual agreements, as necessary,
between the system originating the call, intermediate systems handling
and routing the call, and the destination system.
`SEC. 717. RIGHTS AND OBLIGATIONS OF VOIP SERVICE PROVIDERS.
`(1) FACILITIES-BASED VOIP SERVICE PROVIDERS- A facilities-based VOIP
service provider shall have the same rights, duties, and obligations as
a requesting telecommunications carrier under sections 251 and 252, if
the provider elects to assert such rights.
`(2) VOIP SERVICE PROVIDERS- A VOIP service provider that is not a facilities-based
VOIP service provider shall have only the same rights, duties, and obligations
as a requesting telecommunications carrier under sections 251(b), 251(e),
and 252, if the provider elects to assert such rights.
`(3) CLARIFYING TREATMENT OF VOIP SERVICE- A telecommunications carrier
may use interconnection, services, and network elements obtained pursuant
to sections 251 and 252 from an incumbent local exchange carrier (as such
term is defined in section 251(h)) to exchange VOIP service traffic with
such incumbent local exchange carrier regardless of the provider originating
such VOIP service traffic, including an affiliate of such telecommunications
carrier.
`(b) Disabled Access- A VOIP service provider or a manufacturer of VOIP
service equipment shall have the same rights, duties, and obligations as
a telecommunications carrier or telecommunications equipment manufacturer,
respectively, under sections 225, 255, and 710 of the Act. Within 1 year
after the date of enactment of this Act, the Commission, in consultation
with the Architectural and Transportation Barriers Compliance Board, shall
prescribe such regulations as are necessary to implement this section. In
implementing this subsection, the Commission shall consider whether a VOIP
service provider or manufacturer of VOIP service equipment primarily markets
such service or equipment as a substitute for telecommunications service,
telecommunications equipment, customer premises equipment, or telecommunications
relay services.
`(c) Definitions- For purposes of this section:
`(1) FACILITIES-BASED VOIP SERVICE PROVIDER- The term `facilities-based
VOIP service provider' means an entity that provides VOIP service over
a physical facility that terminates at the end user's location and which
such entity or an affiliate owns or over which such entity or affiliate
has exclusive use. An entity or affiliate shall be considered a facilities-based
VOIP service provider only in those geographic areas where such terminating
physical facilities are located.
`(2) VOIP SERVICE PROVIDER; VOIP SERVICE- The terms `VOIP service provider'
and `VOIP service' have the meanings given such terms by section 716(l).'.
SEC. 302. COMPENSATION AND CONTRIBUTION.
(a) Rule of Construction- Nothing in this Act (including the amendments
made by this Act) shall be construed to exempta VOIP service provider from
requirements imposed by the Federal Communications Commission or a State
commission on all VOIP service providers to--
(1) pay appropriate compensation forthe transmission of a VOIP service
over the facilities and equipment of another provider; or
(2) contribute on an equitable and non-discriminatory basis to the preservation
and advancement ofuniversal service.
(b) Definitions- As used in this section--
(1) the terms `VOIP service provider' and `VOIP service' have the meanings
given such terms in section 716(h) of the Communications Act of 1934,
as added by section 301 of this Act; and
(2) the term `State commission' has the meaning given such term in section
3 of the Communications Act of 1934 (47 U.S.C. 153).
TITLE IV--MUNICIPAL PROVISION OF SERVICES
SEC. 401. GOVERNMENT AUTHORITY TO PROVIDE SERVICES.
(a) In General- Neither the Communications Act of 1934 nor any State statute,
regulation, or other State legal requirement may prohibit or have the effect
of prohibiting any public provider of telecommunications service, information
service, or cable service (as such terms are defined in sections 3 and 602
of such Act) from providing such services to any person or entity.
(b) Competition Neutrality- Any State or political subdivision thereof,
or any agency, authority, or instrumentality of a State or political subdivision
thereof, that is, owns, controls, or is otherwise affiliated with a public
provider of telecommunications service, information service, or cable service
shall not grant any preference or advantage to any such provider. Such entity
shall apply its ordinances, rules, and policies, including those relating
to the use of public rights-of-way, permitting, performance bonding, and
reporting without discrimination in favor of any such provider as compared
to other providers of such services.
(c) Compliance With Other Laws not Affected- Nothing in this section shall
exempt a public provider from any law or regulation that applies to providers
of telecommunications service, information service, or cable service.
(d) Report- Not later than 1 year after the date of the enactment of this
Act, the Federal Communications Commission shall submit to the Congress
a report on the status of the provision of telecommunications service, information
service, and cable service by States and political subdivisions thereof.
(e) Definition of Public Provider- For purposes of this section, the term
`public provider' means a State or political subdivision thereof, or any
agency, authority, or instrumentality of a State or political subdivision
thereof, that provides telecommunications service, information service,
or cable service, or any entity that is owned, controlled, or is otherwise
affiliated with such State or political subdivision thereof, or agency,
authority, or instrumentality of a State or political subdivision thereof.
TITLE V--BROADBAND SERVICE
SEC. 501. STAND-ALONE BROADBAND SERVICE.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is further
amended by adding after section 717 (as added by section 301 of this Act)
the following new section:
`SEC. 718. STAND-ALONE BROADBAND SERVICE.
`(a) Prohibition- A broadband service provider shall not require a subscriber,
as a condition on the purchase of any broadband service the provider offers,
to purchase any cable service, telecommunications service, or VOIP service
offered by the provider.
`(b) Definitions- In this section:
`(1) The term `broadband service' means a two-way transmission service
that connects to the Internet and transmits information at an average
rate of at least 200 kilobits per second in at least one direction.
`(2) The term `broadband service provider' means a person or entity that
controls, operates, or resells and controls any facility used to provide
broadband service to the public, by whatever technology and whether provided
for a fee, in exchange for an explicit benefit, or for free.
`(3) The term `VOIP service' has the meaning given such term by section
716(l).'.
SEC. 502. STUDY OF INTERFERENCE POTENTIAL OF BROADBAND OVER POWER LINE
SYSTEMS.
Within 90 days after the date of enactment of this Act, the Federal Communications
Commission shall conduct, and submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate, a study of the interference potential
of broadband over power line systems.
TITLE VI--SEAMLESS MOBILITY
SEC. 601. DEVELOPMENT OF SEAMLESS MOBILITY.
(1) The Commission shall further the development of seamless mobility.
(2) Within 120 days after the date of enactment of this Act, the Commission
shall implement a process for streamlined review and authorization of
multi-mode devices that permit communication across multiple Internet
protocol-enabled broadband platforms, facilities, and networks.
(b) Study- The Commission shall undertake an inquiry to identify barriers
to the achievement of seamless mobility. Within 180 days after the date
of enactment of this Act, the Commission shall report to the Congress on
its findings and its recommendations for steps to eliminate those barriers.
(c) Definitions- For purposes of this section, the term `seamless mobility'
means the ability of a communications device to select between and utilize
multiple Internet protocol-enabled technology platforms, facilities, and
networks in a real-time manner to provide a unified service.
Passed the House of Representatives June 8, 2006.
Attest:
KAREN L. HAAS,
Clerk.
END
