To amend the Communications Act of 1934 to promote deployment of advanced services and foster the development of competition for the benefit of consumers in all regions of the nation by relieving unnecessary burdens on the Nation's two percent local exchange telecommunications carriers, and for other purposes.
Directs the Federal Communications Commission (FCC), in adopting rules that apply to incumbent local exchange carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on two percent carriers. Authorizes a two percent carrier to seek a waiver or reconsideration of an adopted rule which does not separately evaluate such burden upon such carriers.
Prohibits the FCC from requiring a two percent carrier to file cost allocation manuals or Automated Reporting and Management Information systems (but requires a two percent carrier that qualifies as a class A carrier to annually certify to the FCC that such carrier's cost allocation complies with FCC rules).
Prohibits the FCC from requiring any two percent carrier to establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services, or to maintain separate officers, personnel, facilities, books or accounts, or other operations.
States that the participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association (NECA) or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. Authorizes a two percent carrier to elect to be regulated by the FCC under price cap regulation, or to withdraw from such regulation, for one or more of its study areas at any time.
Directs the FCC to permit two percent carriers to introduce new telecommunications services by filing a tariff on one day's notice, without making any other showing before the FCC in advance of such filing.
Allows any two percent carrier to deaverage its interstate switched or special rates and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the FCC that an unaffiliated carrier has engaged in facilities-based entry within such carrier's service area. Requires the FCC to regulate such two percent carrier as non-dominant, and therefore not subject to tariffing of interstate services, after such certification. Allows such a carrier to participate in the common line tariff administered and filed by the NECA or any successor tariff or administrator by electing to include one or more of its study areas in such tariff.
Requires the FCC to determine: (1) within 60 days after application that the public interest, convenience, and necessity will be served by a merger or acquisition between two percent carriers; and (2) within 90 days a petition by a two percent carrier for reconsideration or waiver of a rule, policy, or other FCC requirement (as authorized under this Act).
Introduced in House
Introduced in House
Referred to the House Committee on Commerce.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Subcommittee on Telecommunications, Trade, and Consumer Protection Discharged.
Reported (Amended) by the Committee on Commerce. H. Rept. 106-926.
Reported (Amended) by the Committee on Commerce. H. Rept. 106-926.
Placed on the Union Calendar, Calendar No. 557.
Mrs. Cubin moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8682-8686)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 3850.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8682-8684)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8682-8684)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.