Prohibits requiring such a carrier to convert to a network element or combination of network elements any special access circuit being provided on June 1, 2001.
Requires the Federal Communications Commission to identify in its regulations any requirements or obligations that result in different or disparate treatment among various types of providers of advanced service and high-speed Internet access service, or among different technologies used to provide such service.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1126 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1126
To facilitate the deployment of broadband telecommunications services,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 2001
Mr. Brownback (for himself and Mr. Enzi) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To facilitate the deployment of broadband telecommunications services,
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 ``Broadband Deployment and Competition
Enhancement Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) In 2001, some broadband service providers are
pervasively regulated, and some offering functionally
equivalent services are not significantly regulated.
(2) Common carrier regulation is being extended
inappropriately to new broadband services being deployed by
incumbent local exchange carriers, while no regulation is
applied to new broadband services being deployed by local cable
television companies.
(3) There should be deregulatory parity in the provision of
broadband services.
(4) Broadband services and broadband service providers
should be subject to little or no regulation, as there are no
monopoly providers of such services and regulation of a nascent
service inhibits the development of a competitive market.
(5) Facilities used to provide broadband services, such as
packet switching, are widely available in the market place and
should therefore not be considered a network element, which
common carriers must make available to other providers. Access
should continue for essential facilities.
(6) It is important for the economic development of the
United States that all areas of the country receive the
benefits of access to high speed Internet and the deployment of
broadband services.
(7) Common carrier regulation will not induce the
deployment of broadband services, but will retard it.
(8) Both Federal and State regulatory agencies have
followed a regulatory scheme with respect to broadband
services, and this pattern must be reversed.
(b) Purposes.--The purposes of this Act are as follows:
(1) To accelerate the deployment of broadband services to
all parts of the United States.
(2) To achieve deregulatory parity among providers of
broadband services.
(3) To reduce regulation of broadband services by the
Federal Government and the States.
SEC. 3. DEPLOYMENT OF BROADBAND SERVICES.
(a) In General.--Part II of title II of the Communications Act of
1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the
following new section:
``SEC. 262. DEPLOYMENT OF BROADBAND SERVICES.
``(a) Opt-In.--This section applies to an incumbent local exchange
carrier only if the local exchange carrier provides written notice to
the Commission of its decision to comply with the provisions of this
section.
``(b) Next Generation Broadband Deployment.--
``(1) In general.--An incumbent local exchange carrier
shall not be subject to the requirements of section 251(c) with
respect to any optical fiber facility, or any technology of
like functionality, in the local exchange carrier's network
that is used to provide service to residential customers; and
``(A) that is or was--
``(i) deployed where no outside telephone
distribution plant previously existed; or
``(ii) deployed from any structure or
premise to a customer premises; and
``(B) if the facility is capable of providing
advanced service.
``(2) Rights of way.--Any provider of facilities referred
to in paragraph (1) shall have the duty to coordinate and
cooperate with other local exchange carriers to provide access
to rights of way consistent with section 251(b)(4).
``(3) Access to existing copper loop.--Nothing in this
subsection shall preclude the Commission or a State from
requiring that an incumbent local exchange carrier provide an
existing copper loop to another local exchange carrier upon request.
``(c) Competition Enhancement.--
``(1) In general.--Notwithstanding section 2(b), or any
other provision of law, an incumbent local exchange carrier
shall not be subject to the requirements of--
``(A) section 251(c), except as provided in
paragraph (2) of this subsection, with respect to its
packet switching capability, or any successor
technology; or
``(B) section 251(c) with respect to the resale of
advanced service or high-speed Internet access service.
``(2) Collocation.--
``(A) In general.--An incumbent local exchange
carrier has the duty to provide collocation at its
central offices in accordance with the rules of the
Commission established in accordance with section
251(c)(6) for equipment to be used in the provision of
advanced service.
``(B) Remote terminal.--Neither the Commission nor
a State may require collocation for equipment for the
provision of advanced service inside a remote terminal
where no space for collocation of such equipment is
available. Collocation of advanced service equipment in
the remote terminal shall not include collocation
inside or within any equipment, components, or
facilities located inside the remote terminal.
``(d) Build-Out Requirement.--
``(1) In general.--Except as provided in paragraph (3), an
incumbent local exchange carrier or affiliate shall be capable
of providing advanced service to all of its local exchange
service customers in a State not later than 5 years after the
date of enactment of the Broadband Deployment and Competition
Enhancement Act of 2001, thereafter within 30 days of a bona
fide request by any such local exchange service customer.
``(2) Means of addressing requirement.--An incumbent local
exchange carrier or affiliate may use any technology, service,
or combination of services to meet the requirement in paragraph
(1).
``(3) Exemption.--An incumbent local exchange carrier or
affiliate is exempt from the requirement in paragraph (1) if
the provision of advanced service to a customer is not both
technically and economically feasible.
``(e) Pricing Flexibility for Retail Advanced Service.--
``(1) Inapplicability of governmental regulation.--The
rates, terms, and conditions of retail advanced service offered
by an incumbent local exchange carrier or its affiliates to
subscribers are not subject to Federal, State, or local
regulation.
``(2) Construction.--Nothing in this subsection shall be
construed to affect the obligations of a Bell operating company
under section 272(c).
``(f) Enforcement.--
``(1) Failure to build-out.--If an incumbent local exchange
carrier cannot comply with subsection (d)(1) as of the date
specified in that subsection, subsections (c) and (e) shall no
longer apply to such carrier as of that date.
``(2) Noncompliance with loop provisioning and collocation
rules.--
``(A) In general.--Except as provided in paragraph
(3), subsections (c) and (e) shall cease to apply to an
incumbent local exchange carrier as of the date on
which a State makes a final and nonappealable
determination, based on clear and convincing evidence
and in response to a complaint filed by another local
exchange carrier, that--
``(i) the incumbent local exchange carrier
has willfully and materially failed to comply
with the rules of the Commission with respect
to collocation or loop provisioning; and
``(ii) such failure has caused material
harm to the complaining carrier's ability to
compete.
``(B) Burden of proof.--The burden of proof in a
complaint under subparagraph (A) shall be on the
complainant.
``(3) Reinstatement.--
``(A) In general.--An incumbent local exchange
carrier to which subsections (c) and (e) have ceased to
apply because of a determination by a State under
paragraph (2) may petition the State for a
reinstatement of the application of subsections (c) and
(e) to such carrier.
``(B) Determination.--If a State that makes a
determination described in paragraph (2) subsequently
makes a final determination that the carrier concerned
has complied fully with the rule with which the carrier
was found, under paragraph (2), not to have complied, the application
of subsections (c) and (e) to the carrier shall be reinstated as of the
date of that subsequent final determination.
``(C) Failure of state to act within 90 days.--For
purposes of subparagraph (B), a State that fails to
make a determination on a petition filed under
subparagraph (A) within 90 days of the date of the
filing of the petition shall be deemed to have made a
determination that the carrier concerned is in full
compliance with the rules of the Commission with
respect to collocation or loop provisioning.
``(g) Definitions.--In this section:
``(1) Incumbent local exchange carrier.--The term
`incumbent local exchange carrier' has the meaning given that
term in section 251(h).
``(2) Customer premises.--The term `customer premises'
means a customer's physical property and any adjacent
easements.
``(3) Packet switching capability.--The term `packet
switching capability' has the meaning given that term in
section 51.319(c)(4) of title 47, Code of Federal Regulation,
as that section is in effect as of June 1, 2001.
``(4) Remote terminal.--The term `remote terminal' means a
point in a local exchange carrier's network, not including a
central office, where the electronic capability to provide
advanced service is deployed.
``(5) Advanced service.--The terms `advanced service' and
`high-speed Internet access service' mean any service or
combination of services that consists of, or includes, the
offering of a capability to transmit information using a packet
switched or successor technology downstream from a provider to
a consumer at a generally rated speed of 364 or kilobits per
second or higher.''.
SEC. 4. AMENDMENT.
Section 251(c)(3) of the Communications Act of 1934 (47 U.S.C.
251(c)(3)) is amended by adding at the end the following: ``An
incumbent local exchange carrier shall not be required to convert to a
network element or combination of network elements any special access
circuit being provided on June 1, 2001.''.
SEC. 5. REGULATORY PARITY.
(a) Identification of Disparate Regulatory Treatment of Advanced
Service.--Not later than 6 months after the date of the enactment of
this Act, the Federal Communications Commission shall identify in its
regulations any requirements or obligations that result in different or
disparate treatment among various types of providers of advanced
service and high-speed Internet access service or among different
technologies used to provide such service.
(b) Termination of Applicability.--Not later than one year after
the date of the enactment of this Act, the Commission shall modify its
regulations in order to eliminate each difference and disparity in
treatment identified under subsection (a) unless the Commission
determines that such difference or disparity in treatment should
continue to apply in the public interest.
(c) Biennial Review.--In every biennial review conducted pursuant
to section 11 of the Communications Act of 1934 (47 U.S.C. Sec. 161),
the Commission shall--
(1) make a determination as to whether or not a difference
or disparity in treatment, if any, that continues to apply
under subsection (b), or under this subsection after subsequent
review under this subsection, should continue to apply in the
public interest; and
(2) if the Commission determines that such difference or
disparity in treatment should not continue to apply in the
public interest, modify its regulations in order to eliminate
such difference or disparity in treatment.
(d) Advanced Service Defined.--In this section, the terms
``advanced service'' and ``high-speed Internet access service'' have
the meanings given those terms in section 262(h)(4) of the
Communications Act of 1934, as added by section 2 of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7093-7094)
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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