A Beginner's Guide to the Internet/INTERNET.ISO/text/tutors/nii/markey.bil

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                          103RD CONGRESS; 1ST SESSION
                        IN THE HOUSE OF REPRESENTATIVES
                           AS INTRODUCED IN THE HOUSE

                                   H. R. 3636

                               1993  H.R. 3636;

 SYNOPSIS:
                                 A BILL
To promote a national communications infrastructure to encourage
deployment of advanced communications services through competition, and
for other purposes.

DATE OF INTRODUCTION: NOVEMBER 22, 1993

DATE OF VERSION: NOVEMBER 28, 1993    -- VERSION: 1

 SPONSOR(S):
Mr. MARKEY (FOR HIMSELF, MR. FIELDS of Texas, Mr. BOUCHER, Mr.
OXLEY, Mr. HALL of Texas, Mr. MOORHEAD, Mr. BRYANT, Mr. BARTON
of Texas, Mr. LEHMAN, Mr. HASTERT, Mr. RICHARDSON, Mr. GILLMOR,
and Ms. SCHENK) introduced the following bill; which was referred to the
Committee on Energy and Commerce


 TEXT:
*  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 "National Communications Competition and
Information Infrastructure Act of 1993".

        TITLE I-TELECOMMUNICATIONS INFRASTRUCTURE  AND
COMPETITION

SEC. 101. POLICY; DEFINITIONS.
  (a) POLICY.-SECTION 1 OF THE COMMUNICATIONS ACT OF 1934 (47
U.S.C. 151) IS AMENDED-

      (1) BY INSERTING "(A)" AFTER "SECTION 1."; and

      (2) by adding at the end thereof the following new subsection:

  "(b) The purposes described in subsection (a), as they relate to common
carrier services, include-

      "(1) to preserve and enhance universal telecommunications service at
affordable rates;

      "(2) to encourage the continued development and deployment of
advanced and reliable capabilities and services in telecommunications
networks;

      "(3) to ensure that the costs of such networks and services are allocated
equitably among users and are constrained by competition whenever possible;

      "(4) to ensure a seamless and open nationwide telecommunications
network through joint planning, coordination, and service arrangements
between and among carriers; and

      "(5) to ensure that common carriers' networks function at a high standard
of quality in delivering advances in network capabilities and services.".

  (b) DEFINITIONS.-SECTION 3 OF SUCH ACT (47 U.S.C. 153) IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SUBSECTIONS:

  "(HH) 'INFORMATION SERVICE' MEANS THE OFFERING OF A
CAPABILITY FOR GENERATING, ACQUIRING, STORING,
TRANSFORMING, PROCESSING, RETRIEVING, UTILIZING, OR MAKING
AVAILABLE INFORMATION VIA TELECOMMUNICATIONS, AND
INCLUDES ELECTRONIC PUBLISHING, BUT DOES NOT INCLUDE ANY
USE OF ANY SUCH CAPABILITY FOR THE MANAGEMENT, CONTROL,
OR OPERATION OF A TELECOMMUNICATIONS SYSTEM OR THE
MANAGEMENT OF A TELECOMMUNICATIONS SERVICE.

  "(II) 'EQUAL ACCESS' MEANS TO AFFORD, TO ANY PERSON SEEKING
TO PROVIDE AN INFORMATION SERVICE OR A COMPETING
TELECOMMUNICATIONS SERVICE, REASONABLE AND
NONDISCRIMINATORY ACCESS-

      "(1) TO DATABASES, SIGNALING SYSTEMS, POLES, DUCTS,
CONDUITS, AND RIGHTS-OF-WAY OWNED OR CONTROLLED BY A
LOCAL EXCHANGE CARRIER, OR OTHER FACILITIES OR INFORMATION
(INCLUDING CUSTOMER NUMBERS) INTEGRAL TO THE
TRANSMISSION, ROUTING, OR OTHER PROVISION OF TELEPHONE
EXCHANGE SERVICES;

      "(2) that is at least equal in type and quality to the access which the carrier
affords to itself or to any other person; and

      "(3) that is sufficient to ensure the full interoperability of the equipment
and facilities of the carrier and of the person seeking such access.

  "(jj) 'Open platform service' means a switched, end-to-end digital
telecommunications service, subject to title II of this Act, which (1) provides
subscribers with sufficient network capability to access multimedia
information services, (2) is widely available throughout each State, (3) is
provided based on accepted standards, and (4) is available to all customers on
a single line basis upon reasonable request.

  "(kk) 'Local exchange carrier' means any person that is engaged in the
provision of telephone exchange service or telephone exchange access service.

  "(ll) 'Telephone exchange access service' means the offering of telephone
exchange services or facilities for the purpose of the origination or
termination of interexchange telecommunications services to or from an
exchange area.

  "(mm) 'Telecommunications' means the transmission, between or among
points specified by the customer, of information of the customer's choosing,
without change in the form or content of the information as sent and
received, by means of an electromagnetic transmission medium, including all
instrumentalities, facilities, apparatus, and services (including the collection,
storage, forwarding, switching, and delivery of such information) essential to
such transmission.

  "(nn) 'Telecommunications service' means the offering, on a common
carrier or other basis, of telecommunications facilities, or of
telecommunications by means of such facilities. Such term does not include
an information service.".

SEC. 102. EQUAL ACCESS AND NETWORK FUNCTIONALITY AND
QUALITY.

  (a) AMENDMENT.-SECTION 201 OF THE COMMUNICATIONS ACT OF
1934 (47 U.S.C. 201) IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTIONS:

  "(C) EQUAL ACCESS.-

      "(1) OPENNESS AND ACCESSIBILITY OBLIGATIONS.-

          "(A) COMMON CARRIER OBLIGATIONS.-THE DUTY OF A COMMON
CARRIER UNDER SUBSECTION (A) TO FURNISH COMMUNICATIONS
SERVICE INCLUDES THE DUTY TO FURNISH THAT SERVICE IN
ACCORDANCE WITH SUCH REGULATIONS WITH RESPECT TO THE
OPENNESS AND ACCESSIBILITY OF COMMON CARRIER NETWORKS AS
THE COMMISSION MAY PRESCRIBE AS NECESSARY OR DESIRABLE IN
THE PUBLIC INTEREST PURSUANT TO THIS SUBSECTION.

          "(B) ADDITIONAL OBLIGATIONS OF LOCAL EXCHANGE
CARRIERS.-THE DUTY UNDER SUCH SUBSECTION OF A LOCAL
EXCHANGE CARRIER INCLUDES THE DUTY-

              "(I) TO PROVIDE, IN ACCORDANCE WITH THE REGULATIONS
PRESCRIBED UNDER PARAGRAPH (2), EQUAL ACCESS TO AND
INTERCONNECTION WITH THE FACILITIES OF THE CARRIER'S
NETWORKS TO ANY OTHER CARRIER OR PERSON PROVIDING
TELECOMMUNICATIONS SERVICES REASONABLY REQUESTING SUCH
EQUAL ACCESS AND  INTERCONNECTION, SO THAT THE NETWORKS
ARE FULLY INTEROPERABLE; AND

              "(II) TO OFFER UNBUNDLED FEATURES, FUNCTIONS, AND
CAPABILITIES IN ACCORDANCE WITH REQUIREMENTS PRESCRIBED
BY THE COMMISSION PURSUANT TO THIS SUBSECTION AND OTHER
LAWS.

      "(2) EQUAL ACCESS AND INTERCONNECTION REGULATIONS.-

          "(A) REGULATIONS REQUIRED.-THE COMMISSION SHALL,
WITHIN 1 YEAR AFTER THE DATE OF ENACTMENT OF THIS
SUBSECTION, ESTABLISH REGULATIONS THAT PROVIDE REASONABLE
AND NONDISCRIMINATORY EQUAL ACCESS TO AND
INTERCONNECTION WITH THE FACILITIES OF A LOCAL EXCHANGE
CARRIER'S NETWORK AT ANY TECHNICALLY FEASIBLE AND
ECONOMICALLY REASONABLE POINT WITHIN THE CARRIER'S
NETWORK ON REASONABLE TERMS AND CONDITIONS, TO ANY
OTHER CARRIER OR PERSON PROVIDING TELECOMMUNICATIONS
SERVICES REQUESTING SUCH ACCESS. THE COMMISSION SHALL
ESTABLISH SUCH REGULATIONS AFTER CONSULTATION WITH THE
JOINT BOARD ESTABLISHED PURSUANT TO SUBPARAGRAPH (D).
SUCH REGULATIONS SHALL PROVIDE FOR ACTUAL COLLOCATION OF
EQUIPMENT NECESSARY FOR INTERCONNECTION AT THE PREMISES
OF A LOCAL EXCHANGE CARRIER, EXCEPT THAT THE REGULATIONS
SHALL PROVIDE FOR VIRTUAL COLLOCATION WHERE THE LOCAL
EXCHANGE CARRIER DEMONSTRATES THAT ACTUAL COLLOCATION
IS NOT PRACTICAL FOR TECHNICAL REASONS OR BECAUSE OF SPACE
LIMITATIONS.

          "(B) COMPENSATION.-THE COMMISSION SHALL ESTABLISH
RULES, WITHIN 1 YEAR AFTER THE DATE OF ENACTMENT OF THIS
SUBSECTION, FOR THE JUST AND REASONABLE COMPENSATION TO
THE EXCHANGE CARRIER PROVIDING SUCH INTERCONNECTION AND
EQUAL ACCESS PURSUANT TO SUBPARAGRAPH (A).

          "(C) EXEMPTIONS AND MODIFICATIONS.-NOTWITHSTANDING
ANY OTHER PROVISION OF THIS SUBSECTION, A LOCAL EXCHANGE
CARRIER IN A RURAL AREA SHALL NOT BE REQUIRED TO PROVIDE
EQUAL ACCESS AND INTERCONNECTION TO ANOTHER LOCAL
EXCHANGE CARRIER. THE COMMISSION MAY MODIFY THE
REQUIREMENTS OF THIS PARAGRAPH FOR ANY LOCAL EXCHANGE
CARRIER THAT HAS, IN THE AGGREGATE NATIONWIDE, FEWER
THAN 500,000 SUBSCRIBER LINES INSTALLED, TO THE EXTENT THAT
THE COMMISSION DETERMINES THAT COMPLIANCE WITH SUCH
REQUIREMENTS WOULD BE UNDULY ECONOMICALLY BURDENSOME,
TECHNOLOGICALLY INFEASIBLE, OR OTHERWISE NOT IN THE PUBLIC
INTEREST.

          "(D) JOINT BOARD ON EQUAL ACCESS AND INTERCONNECTION
STANDARDS.-WITHIN 30 DAYS AFTER THE DATE OF ENACTMENT OF
THIS SUBSECTION, THE COMMISSION SHALL CONVENE A FEDERAL-
STATE JOINT BOARD UNDER SECTION 410(C) FOR THE PURPOSE OF
PREPARING A RECOMMENDED DECISION FOR THE COMMISSION WITH
RESPECT TO THE EQUAL ACCESS AND INTERCONNECTION
REGULATIONS REQUIRED BY THIS PARAGRAPH.

          "(E) ENFORCEMENT OF EXISTING REGULATIONS.-NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE COMMISSION
FROM ENFORCING REGULATIONS PRESCRIBED PRIOR TO THE DATE OF
ENACTMENT OF THIS SECTION IN FULFILLING THE REQUIREMENTS
OF THIS SUBSECTION TO THE EXTENT THAT SUCH REGULATIONS ARE
CONSISTENT WITH THE PROVISIONS OF THIS SUBSECTION.

      "(3) STATE PREEMPTION.-NOTWITHSTANDING SECTION 2(B), NO
STATE OR LOCAL GOVERNMENT MAY, AFTER ONE YEAR AFTER THE
DATE OF ENACTMENT OF THIS SUBSECTION-

          "(A) EFFECTIVELY PROHIBIT ANY PROVIDER OF ANY
TELECOMMUNICATION SERVICES FROM PROVIDING THAT OR ANY
OTHER SUCH SERVICE, OR IMPOSE ANY RESTRICTIONS ON ENTRY
INTO THE BUSINESS OF PROVIDING ANY SUCH SERVICE THAT IS
INCONSISTENT WITH THIS SUBSECTION OR ANY OTHER PROVISION
OF THIS ACT, OR ANY REGULATION THEREUNDER;

          "(B) PROHIBIT ANY CARRIER OR OTHER PERSON PROVIDING
TELECOMMUNICATIONS SERVICES FROM EXERCISING THE ACCESS
AND INTERCONNECTION RIGHTS PROVIDED UNDER THIS
SUBSECTION; OR

          "(C) IMPOSE ANY LIMITATION ON THE EXERCISE OF SUCH RIGHTS
THAT IS INCONSISTENT WITH THIS SUBSECTION OR THE
REGULATIONS PRESCRIBED UNDER THIS SUBSECTION.

      "(4) TARIFFS.-

          "(A) GENERALLY.-A LOCAL EXCHANGE CARRIER SHALL, WITHIN
18 MONTHS AFTER THE DATE OF ENACTMENT OF THIS SUBSECTION,
PREPARE AND FILE TARIFFS IN ACCORDANCE WITH THIS ACT WITH
RESPECT TO THE SERVICES OR ELEMENTS OFFERED TO COMPLY WITH
THE EQUAL ACCESS AND INTERCONNECTION REGULATIONS
REQUIRED UNDER THIS SUBSECTION. THE COSTS THAT A CARRIER
INCURS IN PROVIDING SUCH SERVICES OR ELEMENTS OF EXCHANGE
SERVICES SHALL BE BORNE SOLELY BY THE USERS OF THE FEATURES
AND FUNCTIONS COMPRISING SUCH SERVICES OR WHICH USES OR
INCLUDES SUCH SERVICE ELEMENT. THE COMMISSION SHALL
REVIEW SUCH TARIFFS TO ENSURE THAT-

              "(I) THE CHARGES FOR SUCH SERVICES OR ELEMENTS OF
EXCHANGE SERVICES ARE COST-BASED; AND

              "(II) THE TERMS AND CONDITIONS CONTAINED IN SUCH
TARIFFS DO NOT BUNDLE TOGETHER ANY SEPARABLE ELEMENTS,
FEATURES, OR FUNCTIONS.

          "(B) SUPPORTING INFORMATION.-A LOCAL EXCHANGE CARRIER
SHALL SUBMIT SUPPORTING INFORMATION WITH ITS TARIFFS FOR
EQUAL ACCESS AND INTERCONNECTION THAT IS SUFFICIENT TO
ENABLE THE COMMISSION AND THE PUBLIC TO DETERMINE THE
RELATIONSHIP BETWEEN THE PROPOSED CHARGES AND THE COSTS
OF PROVIDING SUCH SERVICES OR ELEMENTS OF EXCHANGE
SERVICES. THE SUBMISSION OF SUCH INFORMATION SHALL BE
PURSUANT TO RULES ADOPTED BY THE COMMISSION TO ENSURE
THAT SIMILARLY SITUATED CARRIERS PROVIDE SUCH INFORMATION
IN A UNIFORM FASHION.

      "(5) PRICING FLEXIBILITY.-(A) WITHIN 270 DAYS AFTER THE DATE
OF ENACTMENT OF THIS SUBSECTION, THE COMMISSION, BY
REGULATION, SHALL ESTABLISH CRITERIA FOR DETERMINING-

          "(I) WHETHER A TELECOMMUNICATIONS SERVICE OR PROVIDER
OF SUCH SERVICE HAS BECOME, OR IS REASONABLY CERTAIN
IMMINENTLY TO BECOME, SUBJECT TO COMPETITION, EITHER WITHIN
A GEOGRAPHIC AREA OR WITHIN A CLASS OR CATEGORY OF
SERVICE;

          "(II) WHETHER SUCH COMPETITION WILL EFFECTIVELY PREVENT
RATES FOR SUCH SERVICE THAT ARE UNJUST OR UNREASONABLE
OR THAT ARE UNJUSTLY OR UNREASONABLY DISCRIMINATORY;
AND

          "(III) APPROPRIATE FLEXIBLE PRICING PROCEDURES THAT CAN
BE USED IN LIEU OF THE FILING OF TARIFF SCHEDULES, OR IN LIEU OF
OTHER PRICING PROCEDURES ESTABLISHED BY THE COMMISSION,
AND THAT ARE CONSISTENT WITH THE PUBLIC INTEREST,
CONVENIENCE, AND NECESSITY.

      "(B) THE COMMISSION, WITH RESPECT TO RATES FOR INTERSTATE
OR FOREIGN COMMUNICATIONS, AND STATE COMMISSIONS, WITH
RESPECT TO RATES FOR INTRASTATE COMMUNICATIONS, SHALL,
UPON APPLICATION-

          "(I) RENDER DETERMINATIONS IN ACCORDANCE WITH THE
CRITERIA ESTABLISHED UNDER CLAUSES (I) AND (II) OF
SUBPARAGRAPH (A) CONCERNING THE SERVICES OR PROVIDERS
THAT ARE THE SUBJECT OF SUCH APPLICATION; AND

          "(II) UPON A PROPER SHOWING, ESTABLISH AN APPROPRIATE
FLEXIBLE PRICING PROCEDURE CONSISTENT WITH THE CRITERIA
ESTABLISHED UNDER CLAUSE (III) OF SUCH SUBPARAGRAPH. THE
COMMISSION SHALL APPROVE OR REJECT ANY SUCH APPLICATION
WITHIN 180 DAYS AFTER ITS SUBMISSION.

      "(6) JOINT BOARD TO PRESERVE UNIVERSAL SERVICE.-

          "(A) ESTABLISHMENT; FUNCTIONS.-WITHIN 30 DAYS AFTER THE
DATE OF ENACTMENT OF THIS SUBSECTION, THE COMMISSION SHALL
CONVENE A FEDERAL-STATE JOINT BOARD UNDER SECTION 410(C)
FOR THE PURPOSE OF RECOMMENDING ACTIONS TO THE
COMMISSION AND STATE COMMISSIONS FOR THE PRESERVATION OF
UNIVERSAL SERVICE. AS A PART OF PREPARING SUCH
RECOMMENDATIONS, THE JOINT BOARD SHALL SURVEY PROVIDERS
OF TELEPHONE EXCHANGE SERVICE AND CONSULT WITH STATE
COMMISSIONS IN ORDER TO DETERMINE THE PECUNIARY
DIFFERENCE BETWEEN THE COST OF PROVIDING UNIVERSAL SERVICE
AND THE PRICES DETERMINED TO BE APPROPRIATE FOR SUCH
SERVICE. IN MAKING SUCH RECOMMENDATIONS, THE JOINT BOARD
SHALL BASE POLICIES FOR THE PRESERVATION OF UNIVERSAL
SERVICE ON THE FOLLOWING PRINCIPLES:

              "(I) A PLAN ADOPTED BY THE COMMISSION AND THE STATES
SHOULD ENSURE THE CONTINUED VIABILITY OF UNIVERSAL SERVICE
BY MAINTAINING QUALITY SERVICES AT AFFORDABLE PRICES.

              "(II) SUCH PLAN SHOULD DEFINE THE NATURE AND EXTENT
OF THE SERVICES ENCOMPASSED WITHIN CARRIERS' UNIVERSAL
SERVICE OBLIGATIONS AND SHOULD SEEK TO PROMOTE ACCESS TO
ADVANCED TELECOMMUNICATIONS SERVICES FOR ALL AMERICANS
BY INCLUDING ADVANCED TELECOMMUNICATIONS SERVICES IN THE
DEFINITION OF UNIVERSAL SERVICE, WHILE MAINTAINING
AFFORDABLE RATES.

              "(III) SUCH PLAN SHOULD ESTABLISH SPECIFIC AND
PREDICTABLE MECHANISMS TO PROVIDE ADEQUATE AND
SUSTAINABLE SUPPORT FOR UNIVERSAL SERVICE.

              "(IV) ALL PROVIDERS OF TELECOMMUNICATIONS SERVICES
SHOULD MAKE AN EQUITABLE AND NONDISCRIMINATORY
CONTRIBUTION TO PRESERVATION OF UNIVERSAL SERVICE.

          "(B) REPORT; COMMISSION RESPONSE.-THE JOINT BOARD
CONVENED PURSUANT TO SUBPARAGRAPH (A) SHALL REPORT ITS
RECOMMENDATIONS WITHIN 270 DAYS AFTER THE DATE OF
ENACTMENT OF THIS SUBSECTION. THE COMMISSION SHALL
COMPLETE ANY PROCEEDING TO IMPLEMENT SUCH
RECOMMENDATIONS WITHIN ONE YEAR AFTER SUCH DATE OF
ENACTMENT. A STATE MAY ADOPT REGULATIONS TO IMPLEMENT
THE JOINT BOARD'S RECOMMENDATIONS, EXCEPT THAT SUCH
REGULATIONS SHALL NOT, AFTER 18 MONTHS AFTER SUCH DATE OF
ENACTMENT, BE INCONSISTENT WITH REGULATIONS PRESCRIBED BY
THE COMMISSION TO IMPLEMENT SUCH RECOMMENDATIONS.

      "(7) RESALE.-THE RESALE OR SHARING OF TELEPHONE EXCHANGE
SERVICE (OR UNBUNDLED ELEMENTS OF SUCH SERVICE) IN
CONJUNCTION WITH THE FURNISHING OF A TELECOMMUNICATIONS
SERVICE OR ANY INFORMATION SERVICE SHALL NOT BE PROHIBITED
NOR SUBJECT TO UNREASONABLE CONDITIONS BY THE CARRIER,
THE COMMISSION, OR ANY STATE.

      "(8) REVIEW OF STANDARDS AND REQUIREMENTS.-AT LEAST
ONCE EVERY THREE YEARS, THE COMMISSION SHALL-

          "(A) CONDUCT A PROCEEDING IN WHICH INTERESTED PARTIES
SHALL HAVE AN OPPORTUNITY TO COMMENT ON WHETHER THE
STANDARDS AND REQUIREMENTS ESTABLISHED BY OR UNDER THIS
SUBSECTION HAVE OPENED THE NETWORKS OF CARRIERS TO
REASONABLE AND NONDISCRIMINATORY ACCESS BY PROVIDERS OF
TELECOMMUNICATIONS SERVICES AND INFORMATION SERVICES;

          "(B) REVIEW THE DEFINITION OF UNIVERSAL SERVICE AND
EVALUATE THE EXTENT TO WHICH UNIVERSAL SERVICE HAS BEEN
PROTECTED AND ACCESS TO ADVANCED SERVICES HAS BEEN
FACILITATED PURSUANT TO THIS SUBSECTION AND THE PLANS AND
REGULATIONS THEREUNDER; AND

          "(C) SUBMIT TO THE CONGRESS A REPORT CONTAINING A
STATEMENT OF THE COMMISSION'S FINDINGS PURSUANT TO SUCH
PROCEEDING, AND INCLUDING AN IDENTIFICATION OF ANY DEFECTS
OR DELAYS OBSERVED IN ATTAINING THE OBJECTIVES OF THIS
SUBSECTION AND A PLAN FOR CORRECTING SUCH DEFECTS AND
DELAYS.

      "(9) STUDY OF RURAL PHONE SERVICE.-NO LATER THAN 1 YEAR
AFTER THE DATE OF ENACTMENT OF THIS SUBSECTION, THE
COMMISSION SHALL INITIATE AN INQUIRY TO EXAMINE THE EFFECTS
OF COMPETITION IN THE PROVISION OF TELEPHONE EXCHANGE
ACCESS AND TELEPHONE EXCHANGE SERVICE ON THE AVAILABILITY
AND RATES FOR TELEPHONE EXCHANGE ACCESS AND TELEPHONE
EXCHANGE SERVICE FURNISHED BY RURAL EXCHANGE CARRIERS.

  "(D) NETWORK FUNCTIONALITY AND QUALITY.-

      "(1) FUNCTIONALITY AND RELIABILITY OBLIGATIONS.-THE DUTY
OF A COMMON CARRIER UNDER SUBSECTION (A) TO FURNISH
COMMUNICATIONS SERVICE INCLUDES THE DUTY TO FURNISH THAT
SERVICE IN ACCORDANCE WITH SUCH REGULATIONS OF
FUNCTIONALITY AND RELIABILITY AS THE COMMISSION MAY
PRESCRIBE AS NECESSARY OR DESIRABLE IN THE PUBLIC INTEREST
PURSUANT TO THIS SUBSECTION.

      "(2) COORDINATED PLANNING FOR INTEROPERABILITY AND
OTHER PURPOSES.-THE COMMISSION SHALL ESTABLISH-

          "(A) procedures for the conduct of coordinated network planning by
common carriers and other providers of telecommunications or information
services, subject to Commission supervision, for the effective and efficient
interconnection and interoperability of public and private networks; and

          "(B) procedures for the development, subject to Commission
supervision, of-

              "(i) standards for the interconnection and interoperability of such
networks;

              "(ii) standards for the design of such networks that promote access to
network capabilities and services by individuals with disabilities; and

              "(iii) standards to ensure that the design of such networks does not
impede access to information services by subscribers to telephone exchange
service furnished by a rural exchange carrier.

      "(3) OPEN PLATFORM SERVICE.-

          "(A) STUDY.-NO LATER THAN 90 DAYS AFTER THE ENACTMENT
OF THIS SUBSECTION, THE COMMISSION SHALL INITIATE AN INQUIRY
TO CONSIDER THE RULES AND POLICIES NECESSARY TO MAKE OPEN
PLATFORM SERVICE AVAILABLE TO ALL SUBSCRIBERS AT
REASONABLE RATES BASED ON THE REASONABLY IDENTIFIABLE
COSTS OF PROVIDING SUCH SERVICES, UTILIZING EXISTING
FACILITIES TO THE MAXIMUM EXTENT FEASIBLE AND
ECONOMICALLY PRACTICABLE. THE INQUIRY REQUIRED UNDER THIS
PARAGRAPH SHALL BE COMPLETED WITHIN 120 DAYS AFTER
INITIATION.

          "(B) REGULATIONS.-ON THE BASIS OF THE RESULTS OF THE
INQUIRY REQUIRED UNDER SUBPARAGRAPH (A), THE COMMISSION
SHALL PRESCRIBE AND MAKE EFFECTIVE SUCH REGULATIONS AS
ARE NECESSARY TO IMPLEMENT THE INQUIRY'S CONCLUSIONS.
SUCH REGULATIONS MAY REQUIRE A LOCAL EXCHANGE CARRIER TO
FILE, IN THE APPROPRIATE JURISDICTION, TARIFFS FOR THE
ORIGINATION AND TERMINATION OF OPEN PLATFORM SERVICE AS
SOON AS SUCH SERVICE IS ECONOMICALLY AND TECHNICALLY
FEASIBLE. IN ESTABLISHING ANY SUCH REGULATIONS, THE
COMMISSION SHALL TAKE INTO ACCOUNT THE PROXIMATE AND
LONG-TERM DEPLOYMENT PLANS OF LOCAL EXCHANGE CARRIERS,
AND MAY ESTABLISH A PROCEDURE TO DELAY FOR A REASONABLE
PERIOD OF TIME ANY REQUIREMENT OF OPEN PLATFORM SERVICE IF
A PETITION FROM A LOCAL EXCHANGE CARRIER DEMONSTRATES
THAT COMPLIANCE WITH SUCH REQUIREMENT WOULD
SIGNIFICANTLY DELAY THE DEPLOYMENT OF A MORE ADVANCED
TECHNOLOGY. ANY SUCH REGULATIONS SHALL PROVIDE FOR THE
ALLOCATION OF ALL COSTS OF FACILITIES JOINTLY USED TO PROVIDE
OPEN PLATFORM SERVICE AND TELEPHONE EXCHANGE SERVICE.
NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO LIMIT A
STATE'S AUTHORITY TO CONTINUE TO REGULATE ANY SERVICES
SUBJECT TO STATE JURISDICTION UNDER THIS ACT.

          "(C) CONTINUING OVERSIGHT.-COMMENCING NOT LATER THAN
2 YEARS AFTER THE DATE OF ENACTMENT OF THIS SUBSECTION, THE
COMMISSION SHALL CONDUCT AN INQUIRY ON THE PROGRESS OF
OPEN PLATFORM SERVICE DEPLOYMENT. THE COMMISSION SHALL
SUBMIT A REPORT TO THE CONGRESS ON THE RESULTS OF SUCH
INQUIRY WITHIN 90 DAYS AFTER THE COMMENCEMENT OF SUCH
INQUIRY AND ANNUALLY THEREAFTER FOR THE SUCCEEDING 5
YEARS.

      "(4) ACCESSIBILITY REGULATIONS.-

          "(A) REGULATIONS.-THE COMMISSION SHALL, WITHIN 1 YEAR
AFTER ENACTMENT OF THIS SECTION, PRESCRIBE SUCH
REGULATIONS AS ARE NECESSARY TO ENSURE THAT ADVANCES IN
NETWORK SERVICES DEPLOYED BY LOCAL EXCHANGE CARRIERS
SHALL BE ACCESSIBLE AND USABLE BY INDIVIDUALS WITH
DISABILITIES, INCLUDING INDIVIDUALS WITH FUNCTIONAL
LIMITATIONS OF HEARING, VISION, MOVEMENT, MANIPULATION,
SPEECH AND INTERPRETATION OF INFORMATION, UNLESS THE COST
OF MAKING THE SERVICES ACCESSIBLE AND USABLE WOULD RESULT
IN AN UNDUE BURDEN OR ADVERSE COMPETITIVE IMPACT. SUCH
REGULATIONS SHALL SEEK TO PERMIT THE USE OF BOTH STANDARD
AND SPECIAL EQUIPMENT, AND SEEK TO MINIMIZE THE NEED OF
INDIVIDUALS TO ACQUIRE ADDITIONAL DEVICES BEYOND THOSE
USED BY THE GENERAL PUBLIC TO OBTAIN SUCH ACCESS.

          "(B) COMPATIBILITY.-SUCH REGULATIONS SHALL REQUIRE THAT
WHENEVER AN UNDUE BURDEN OR ADVERSE COMPETITIVE IMPACT
WOULD RESULT FROM THE REQUIREMENTS IN SUBPARAGRAPH (A),
THE LOCAL EXCHANGE CARRIER THAT DEPLOYS THE NETWORK
SERVICE SHALL ENSURE THAT THE NETWORK SERVICE IN QUESTION
IS COMPATIBLE WITH EXISTING PERIPHERAL DEVICES OR SPECIALIZED
CUSTOMER PREMISES EQUIPMENT COMMONLY USED BY PERSONS
WITH DISABILITIES TO ACHIEVE ACCESS, UNLESS DOING SO WOULD
RESULT IN AN UNDUE BURDEN OR ADVERSE COMPETITIVE IMPACT.

          "(C) UNDUE BURDEN.-THE TERM 'UNDUE BURDEN' MEANS
SIGNIFICANT DIFFICULTY OR EXPENSE. IN DETERMINING WHETHER
THE ACTIVITY NECESSARY TO COMPLY WITH THE REQUIREMENTS OF
THIS PARAGRAPH WOULD RESULT IN AN UNDUE BURDEN, THE
FACTORS TO BE CONSIDERED INCLUDE:

              "(I) THE NATURE AND COST OF THE ACTIVITY.

              "(II) THE IMPACT ON THE OPERATION OF THE FACILITY
INVOLVED IN THE DEPLOYMENT OF THE NETWORK SERVICE.

              "(III) THE FINANCIAL RESOURCES OF THE LOCAL EXCHANGE
CARRIER.

              "(IV) THE TYPE OF OPERATIONS OF THE LOCAL EXCHANGE
CARRIER.

          "(D) ADVERSE COMPETITIVE IMPACT.-IN DETERMINING
WHETHER THE ACTIVITY NECESSARY TO COMPLY WITH THE
REQUIREMENTS OF THIS PARAGRAPH WOULD RESULT IN ADVERSE
COMPETITIVE IMPACT, THE FOLLOWING FACTORS SHALL BE
CONSIDERED:

              "(I) WHETHER SUCH ACTIVITY WOULD RAISE THE COST OF THE
NETWORK SERVICE IN QUESTION BEYOND THE LEVEL AT WHICH
THERE WOULD BE SUFFICIENT CONSUMER DEMAND BY THE
GENERAL POPULATION TO MAKE THE NETWORK SERVICE
PROFITABLE; AND

              "(II) WHETHER SUCH ACTIVITY WOULD, WITH RESPECT TO THE
NETWORK SERVICE IN QUESTION, PUT THE LOCAL EXCHANGE
CARRIER AT A COMPETITIVE DISADVANTAGE. THIS FACTOR MAY BE
CONSIDERED SO LONG AS COMPETING NETWORK SERVICE
PROVIDERS ARE NOT HELD TO THE SAME OBLIGATION WITH RESPECT
TO ACCESS BY PERSONS WITH DISABILITIES.

          "(E) EFFECTIVE DATE.-THE REGULATIONS REQUIRED BY THIS
PARAGRAPH SHALL BECOME EFFECTIVE 18 MONTHS AFTER THE DATE
OF ENACTMENT OF THIS SUBSECTION.

      "(5) QUALITY RULES.-(A) THE COMMISSION SHALL DESIGNATE OR
OTHERWISE ESTABLISH NETWORK RELIABILITY AND QUALITY
PERFORMANCE MEASURES OR BENCHMARKS FOR COMMON
CARRIERS FOR THE PURPOSE OF ENSURING THE CONTINUED
MAINTENANCE AND EVOLUTION OF COMMON CARRIER FACILITIES
AND SERVICE. NOT LATER THAN 180 DAYS AFTER THE DATE OF
ENACTMENT OF THIS SUBSECTION, THE COMMISSION SHALL
INITIATE A RULEMAKING PROCEEDING TO ESTABLISH
PERFORMANCE MEASURES OR BENCHMARKS FOR MAINTAINING
COMMON CARRIER NETWORK QUALITY.

      "(B) SUCH RULES AND REGULATIONS SHALL INCLUDE-

          "(I) QUANTITATIVE NETWORK RELIABILITY AND SERVICE
QUALITY PERFORMANCE MEASURES OR BENCHMARKS;

          "(ii) procedures to monitor and evaluate common carrier efforts to
increase network reliability and service quality; and

          "(iii) procedures to resolve network reliability and service quality
complaints.
      "(C) Throughout the process of developing network reliability and service
quality performance measures or benchmarks, as required by subparagraph
(A), the Commission shall coordinate and consult with service and
equipment providers and users and State regulatory bodies to ensure their
concerns and interests are given full consideration in such process.

      "(6) RURAL EXEMPTION.-THE COMMISSION MAY MODIFY, OR
GRANT EXEMPTIONS FROM, THE REQUIREMENTS OF THIS
SUBSECTION IN THE CASE OF A COMMON CARRIER PROVIDING
TELECOMMUNICATIONS SERVICES IN A RURAL AREA.".

  (B) CONFORMING AMENDMENT.-SECTION 2(B) OF THE
COMMUNICATIONS ACT OF 1934 (47 U.S.C.152(B)) IS AMENDED BY
INSERTING "201(C) AND (D)," AFTER "EXCEPT AS PROVIDED IN
SECTIONS".

SEC. 103. DISCRIMINATORY INTERCONNECTION.

  Section 208 of the Communications Act of 1934 is amended by adding at
the end thereof the following new subsection:

  "(c) EXPEDITED REVIEW OF CERTAIN COMPLAINTS.-THE COMMISSION
SHALL ISSUE A FINAL ORDER WITH RESPECT TO ANY COMPLAINT
ARISING FROM ALLEGED VIOLATIONS OF THE RULES AND ORDERS
PRESCRIBED PURSUANT TO SECTION 201(C) WITHIN 180 DAYS AFTER
SUCH COMPLAINT IS FILED.".

SEC. 104. EXPEDITED LICENSING OF NEW TECHNOLOGIES AND
SERVICES.

  Section 7 of the Communications Act of 1934 (47 U.S.C. 157) is amended by
adding at the end thereof the following new subsection:

  "(c) LICENSING OF NEW TECHNOLOGIES.-

      "(1) EXPEDITED RULEMAKING.-WITHIN 24 MONTHS AFTER
MAKING A DETERMINATION UNDER SUBSECTION (B) THAT A
TECHNOLOGY OR SERVICE RELATED TO THE FURNISHING OF
TELECOMMUNICATIONS SERVICES IS IN THE PUBLIC INTEREST, THE
COMMISSION SHALL, WITH RESPECT TO ANY SUCH SERVICE
REQUIRING A LICENSE OR OTHER AUTHORIZATION FROM THE
COMMISSION, ADOPT AND MAKE EFFECTIVE RULES FOR-

          "(A) THE PROVISION OF SUCH TECHNOLOGY OR SERVICE; AND

          "(B) THE FILING OF APPLICATIONS FOR THE LICENSES OR
AUTHORIZATIONS NECESSARY TO OFFER SUCH TECHNOLOGY OR
SERVICE TO THE PUBLIC, AND SHALL ACT ON ANY SUCH
APPLICATION WITHIN 24 MONTHS AFTER IT IS FILED.

      "(2) REVIEW OF APPLICATIONS.-ANY APPLICATION FILED BY A
CARRIER UNDER THIS SUBSECTION FOR THE CONSTRUCTION OR
EXTENSION OF A LINE SHALL ALSO BE SUBJECT TO SECTION 214 AND
TO ANY NECESSARY APPROVAL BY THE APPROPRIATE STATE
COMMISSIONS.".

SEC. 105. NEW OR EXTENDED LINES.

  Section 214 of the Communications Act of 1934 is amended by adding at the
end the following new subsection:

  "(e) Any application filed under this section by a provider of telephone
exchange service for authority to construct or extend a line shall address the
means by which such construction or extension will meet the network access
needs of individuals with disabilities.".

                 TITLE II-COMMUNICATIONS COMPETITIVENESS

SEC. 201. CABLE SERVICE PROVIDED BY TELEPHONE COMPANIES.

  (a) GENERAL REQUIREMENT.-

      (1) AMENDMENT.-SECTION 613(B) OF THE COMMUNICATIONS ACT
OF 1934 (47 U.S.C. 533(B)) IS AMENDED TO READ AS FOLLOWS:

  "(B)(1) SUBJECT TO THE REQUIREMENTS OF PART V AND THE OTHER
PROVISIONS OF THIS TITLE, ANY COMMON CARRIER SUBJECT IN
WHOLE OR IN PART TO TITLE II OF THIS ACT MAY, EITHER THROUGH
ITS OWN FACILITIES OR THROUGH AN AFFILIATE OWNED BY,
OPERATED BY, CONTROLLED BY, OR UNDER COMMON CONTROL
WITH THE COMMON CARRIER, PROVIDE VIDEO PROGRAMMING
DIRECTLY TO SUBSCRIBERS IN ITS TELEPHONE SERVICE AREA.

  "(2) SUBJECT TO THE REQUIREMENTS OF PART V AND THE OTHER
PROVISIONS OF THIS TITLE, ANY COMMON CARRIER SUBJECT IN
WHOLE OR IN PART TO TITLE II OF THIS ACT MAY PROVIDE
CHANNELS OF COMMUNICATIONS OR POLE, LINE, OR CONDUIT
SPACE, OR OTHER RENTAL ARRANGEMENTS, TO ANY ENTITY WHICH
IS DIRECTLY OR INDIRECTLY OWNED BY, OPERATED BY, CONTROLLED
BY, OR UNDER COMMON CONTROL WITH SUCH COMMON CARRIER,
IF SUCH FACILITIES OR ARRANGEMENTS ARE TO BE USED FOR, OR IN
CONNECTION WITH, THE PROVISION OF VIDEO PROGRAMMING
DIRECTLY TO SUBSCRIBERS IN ITS TELEPHONE SERVICE AREA.".

      (2) CONFORMING AMENDMENT.-SECTION 602 OF THE
COMMUNICATIONS ACT OF 1934 (47 U.S.C.  531) IS AMENDED-

          (A) BY REDESIGNATING PARAGRAPHS (18) AND (19) AS
PARAGRAPHS (19) AND (20) RESPECTIVELY; AND

          (B) BY INSERTING AFTER PARAGRAPH (17) THE FOLLOWING NEW
PARAGRAPH:

      "(18) THE TERM 'TELEPHONE SERVICE AREA' WHEN USED IN
CONNECTION WITH A COMMON CARRIER SUBJECT IN WHOLE OR IN
PART TO TITLE II OF THIS ACT MEANS THE AREA WITHIN WHICH
SUCH CARRIER PROVIDES TELEPHONE EXCHANGE SERVICE AS OF
NOVEMBER 20, 1993, BUT IF ANY COMMON CARRIER AFTER SUCH
DATE TRANSFERS ITS EXCHANGE SERVICE FACILITIES TO ANOTHER
COMMON CARRIER, THE AREA TO WHICH SUCH FACILITIES PROVIDE
TELEPHONE EXCHANGE SERVICE SHALL BE TREATED AS PART OF THE
TELEPHONE SERVICE AREA OF THE ACQUIRING COMMON CARRIER
AND NOT OF THE SELLING COMMON CARRIER.

  (B) PROVISIONS FOR REGULATION OF CABLE SERVICE PROVIDED BY
TELEPHONE COMPANIES.-TITLE VI OF THE COMMUNICATIONS ACT OF
1934 (47 U.S.C. 521 ET SEQ.) IS AMENDED BY ADDING AT THE END THE
FOLLOWING NEW PART:

          "PART V-CABLE SERVICE PROVIDED BY TELEPHONE COMPANIES

"SEC. 651. DEFINITIONS.

  "For purposes of this part-

      "(1) the term 'affiliated video programming' means any video
programming which is (A) owned or controlled by, or under common control
with, a common carrier, and (B) provided by the common carrier or an
affiliate directly to subscribers in its telephone service area;

      "(2) the term 'control' means-

          "(A) an ownership interest in which an entity has the right to vote more
than 50 percent of the outstanding common stock or other ownership
interest; or

          "(B) actual working control, as defined in the order of the Commission
entitled "Implementation of Sections 11 and 13 of the Cable Television
Consumer Protection and Competitive Act of 1992-Horizontal and Vertical
Ownership Limits, Cross-Ownership Limitations, and Anti-Trafficking
Provisions", MM Docket 92-264, adopted September 23, 1993, if no single
entity directly or indirectly has the right to vote more than 50 percent of the
outstanding common stock or other ownership interest;

      "(3) the term 'video platform' has the same meaning as the term 'basic
platform' in the order of the Commission entitled 'Telephone Company-
Cable Television Cross-Ownership Rules, Sections 63.54-63.58', CC Docket No.
87-266, adopted July 16, 1992; and

      "(4) the term 'rural area' means a geographic area that does not include
either-

          "(A) any incorporated or unincorporated place of 10,000 inhabitants or
more, or any part thereof; or

          "(B) any territory, incorporated or unincorporated, included in an
urbanized area.

"SEC. 652. SEPARATE VIDEO PROGRAMMING AFFILIATE.

  "(a) IN GENERAL.-EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS
SECTION, A COMMON CARRIER SUBJECT TO TITLE II OF THIS ACT
SHALL NOT PROVIDE VIDEO PROGRAMMING DIRECTLY TO
SUBSCRIBERS IN ITS TELEPHONE SERVICE AREA UNLESS SUCH VIDEO
PROGRAMMING IS PROVIDED THROUGH A VIDEO PROGRAMMING
AFFILIATE THAT IS SEPARATE FROM SUCH CARRIER.

  "(B) BOOKS AND MARKETING.-

      "(1) IN GENERAL.-A VIDEO PROGRAMMING AFFILIATE OF A
COMMON CARRIER SHALL-

          "(A) MAINTAIN BOOKS, RECORDS, AND ACCOUNTS SEPARATE
FROM SUCH CARRIER WHICH IDENTIFY ALL TRANSACTIONS WITH
SUCH CARRIER;

          "(B) CARRY OUT DIRECTLY (OR THROUGH ANY NONAFFILIATE)
ITS OWN PROMOTION, EXCEPT THAT INSTITUTIONAL ADVERTISING
CARRIED OUT BY SUCH CARRIER SHALL BE PERMITTED SO LONG AS
EACH PARTY BEARS ITS PRO RATA SHARE OF THE COSTS; AND

          "(C) NOT OWN REAL OR PERSONAL PROPERTY IN COMMON
WITH SUCH CARRIER.

      "(2) INBOUND TELEMARKETING.-NOTWITHSTANDING
PARAGRAPH (1)(B), A COMMON CARRIER MAY PROVIDE INBOUND
TELEMARKETING OR REFERRAL SERVICES RELATED TO THE
PROVISION OF VIDEO PROGRAMMING BY A VIDEO PROGRAMMING
AFFILIATE OF SUCH CARRIER. IF SUCH SERVICES ARE PROVIDED TO A
VIDEO PROGRAMMING AFFILIATE, SUCH SERVICES SHALL BE MADE
AVAILABLE TO ANY VIDEO PROGRAMMER OR CABLE OPERATOR ON
REQUEST, ON NONDISCRIMINATORY TERMS, AT COMPENSATORY
PRICES, AND SUBJECT TO REGULATIONS OF THE COMMISSION TO
ENSURE THAT THE CARRIER'S METHOD OF PROVIDING
TELEMARKETING OR REFERRAL AND ITS PRICE STRUCTURE DO NOT
COMPETITIVELY DISADVANTAGE ANY VIDEO PROGRAMMER OR
CABLE OPERATOR, REGARDLESS OF SIZE, INCLUDING THOSE WHICH
DO NOT USE THE CARRIER'S TELEMARKETING SERVICES.

      "(3) JOINT TELEMARKETING.-NOTWITHSTANDING PARAGRAPH
(1)(B), A COMMON CARRIER MAY PETITION THE COMMISSION FOR
PERMISSION TO MARKET VIDEO PROGRAMMING DIRECTLY, UPON
SHOWING THAT A CABLE OPERATOR OR OTHER ENTITY DIRECTLY OR
INDIRECTLY PROVIDES TELECOMMUNICATIONS SERVICES AND
MARKETS SUCH SERVICES JOINTLY WITH VIDEO PROGRAMMING
SERVICES. THE COMMON CARRIER SHALL SPECIFY THE GEOGRAPHIC
REGION COVERED BY THE PETITION. ANY SUCH PETITION SHALL BE
GRANTED OR DENIED WITHIN 180 DAYS.

  "(C) BUSINESS TRANSACTIONS WITH CARRIER SUBJECT TO
REGULATION.-ANY CONTRACT, AGREEMENT, ARRANGEMENT, OR
OTHER MANNER OF CONDUCTING BUSINESS, BETWEEN A COMMON
CARRIER AND ITS VIDEO PROGRAMMING AFFILIATE, PROVIDING
FOR-

      "(1) THE SALE, EXCHANGE, OR LEASING OF PROPERTY BETWEEN
SUCH AFFILIATE AND SUCH CARRIER;

      "(2) THE FURNISHING OF GOODS OR SERVICES BETWEEN SUCH
AFFILIATE AND SUCH CARRIER; OR

      "(3) THE TRANSFER TO OR USE BY SUCH AFFILIATE FOR ITS
BENEFIT OF ANY ASSET OR RESOURCE OF SUCH CARRIER, SHALL BE
PURSUANT TO REGULATION PRESCRIBED BY THE COMMISSION,
SHALL BE ON A FULLY COMPENSATORY AND AUDITABLE BASIS,
SHALL BE WITHOUT COST TO THE TELEPHONE SERVICE RATEPAYERS
OF THE CARRIER, SHALL BE FILED WITH THE COMMISSION, AND
SHALL BE IN COMPLIANCE WITH RULES ESTABLISHED BY THE
COMMISSION WHICH WILL BE SUFFICIENT TO ENABLE THE
COMMISSION TO ASSESS THE COMPLIANCE OF ANY TRANSACTION.

  "(D) WAIVER.-

      "(1) CRITERIA FOR WAIVER.-THE COMMISSION MAY WAIVE ANY
OF THE REQUIREMENTS OF THIS SECTION FOR SMALL OR RURAL
TELEPHONE COMPANIES, AND MAY, BEGINNING 5 YEARS AFTER THE
DATE OF ENACTMENT OF THIS SECTION, WAIVE SUCH
REQUIREMENTS FOR ANY COMMON CARRIER, IF THE COMMISSION
DETERMINES, AFTER NOTICE AND COMMENT, THAT-

          "(A) SUCH WAIVER WILL NOT AFFECT THE ABILITY OF THE
COMMISSION TO ENSURE THAT ALL VIDEO PROGRAMMING ACTIVITY
IS CARRIED OUT WITHOUT ANY SUPPORT FROM TELEPHONE
RATEPAYERS;

          "(B) THE INTERESTS OF TELEPHONE RATEPAYERS OR CABLE
SUBSCRIBERS WILL NOT BE HARMED IF SUCH WAIVER IS GRANTED;
AND

          "(C) SUCH WAIVER OTHERWISE IS IN THE PUBLIC INTEREST.

      "(2) DEADLINE FOR ACTION.-THE COMMISSION SHALL ACT TO
APPROVE OR DISAPPROVE A WAIVER APPLICATION WITHIN 180 DAYS
AFTER THE DATE IT IS FILED.

"SEC. 653. ESTABLISHMENT OF VIDEO PLATFORM.

  "(a) COMMON CARRIER OBLIGATIONS.-ANY COMMON CARRIER
SUBJECT TO TITLE II OF THIS ACT AND THAT PROVIDES, THROUGH A
VIDEO PROGRAMMING AFFILIATE, VIDEO PROGRAMMING DIRECTLY
TO SUBSCRIBERS IN ITS TELEPHONE SERVICE AREA, SHALL ESTABLISH
A VIDEO PLATFORM. THE COMMISSION, TOGETHER WITH THE
STATES, SHALL ESTABLISH REGULATIONS TO PROHIBIT A CARRIER
FROM DISCRIMINATING IN FAVOR OF ITS VIDEO PROGRAMMING
AFFILIATE IN PROVIDING ACCESS TO SUCH PLATFORM OR WITH
REGARD TO RATES, TERMS, AND CONDITIONS FOR ACCESS TO SUCH
PLATFORM. THE COMMISSION SHALL TAKE FINAL ACTION ON ANY
APPLICATION UNDER SECTION 214 SEEKING AUTHORITY TO
ESTABLISH A VIDEO PLATFORM WITHIN ONE YEAR AFTER THE DATE
SUCH APPLICATION IS FILED.

  "(B) COMMISSION STUDY.-THE COMMISSION SHALL CONDUCT A
STUDY OF WHETHER IT IS IN THE PUBLIC INTEREST TO EXTEND THE
REQUIREMENTS OF SUBSECTION (A) TO CABLE OPERATORS IN LIEU OF
THE REQUIREMENTS OF SECTION 612. THE COMMISSION SHALL
SUBMIT TO THE CONGRESS A REPORT ON THE RESULTS OF SUCH
STUDY NOT LATER THAN 2 YEARS AFTER THE DATE OF ENACTMENT
OF THIS SECTION.

"SEC. 654. PROVISION OF AFFILIATED VIDEO PROGRAMMING.

  "(a) LIMITATION.-A COMMON CARRIER WHICH PROVIDES, THROUGH
ITS VIDEO PROGRAMMING AFFILIATE, AFFILIATED VIDEO
PROGRAMMING DIRECTLY TO SUBSCRIBERS IN ITS TELEPHONE
SERVICE AREA, SHALL MAKE AVAILABLE SUCH CAPACITY AS IS
REQUESTED BY UNAFFILIATED VIDEO PROGRAM PROVIDERS UPON
REASONABLE NOTICE. A COMMON CARRIER SHALL NOT BE
REQUIRED UNDER THIS SUBSECTION TO PROVIDE MORE THAN 75
PERCENT OF THE EQUIPPED CAPACITY OF ITS VIDEO PLATFORM TO
UNAFFILIATED VIDEO PROGRAM PROVIDERS.

  "(B) EVALUATION BY COMMISSION.-THE COMMISSION SHALL, NOT
LATER THAN 2 YEARS AFTER THE DATE OF ENACTMENT OF THIS
PART, EVALUATE THE EFFECT OF SUBSECTION (A) ON THE VIDEO
PROGRAMMING MARKETPLACE AND, ON THE BASIS OF THAT
EVALUATION, MAKE RECOMMENDATIONS TO CONGRESS
CONCERNING APPROPRIATE MODIFICATIONS, IF ANY, TO
SUBSECTION (A).

  "(C) BROADCAST SIGNAL CARRIAGE EXCLUDED.-THE CARRIAGE OF
LOCAL BROADCAST SIGNALS PURSUANT TO SECTION 614 SHALL NOT
CONSTITUTE THE PROVISION OF AFFILIATED VIDEO PROGRAMMING
FOR PURPOSES OF SUBSECTION (A).

  "(D) TERMINATION.-SUBSECTION (A) SHALL CEASE TO BE EFFECTIVE
FIVE YEARS AFTER THE DATE OF ENACTMENT OF THIS PART.

"SEC. 655. PROHIBITION OF CROSS-SUBSIDIZATION.

  "(a) COMMON CARRIER PROHIBITIONS.-THE COMMISSION SHALL
PRESCRIBE REGULATIONS TO PROHIBIT A COMMON CARRIER FROM
ENGAGING IN ANY PRACTICE THAT RESULTS IN THE INCLUSION IN
RATES FOR TELEPHONE EXCHANGE SERVICE OF ANY OPERATING
EXPENSES, COSTS, DEPRECIATION CHARGES, CAPITAL INVESTMENTS,
OR OTHER EXPENSES ASSOCIATED WITH THE PROVISION OF VIDEO
PROGRAMMING BY THE COMMON CARRIER OR ITS VIDEO
PROGRAMMING AFFILIATE.

  "(B) CABLE OPERATOR PROHIBITIONS.-THE COMMISSION SHALL
PRESCRIBE REGULATIONS TO PROHIBIT A CABLE OPERATOR FROM
ENGAGING IN ANY PRACTICE THAT RESULTS IN THE INCLUSION IN
RATES FOR CABLE SERVICE OF ANY OPERATING EXPENSES, COSTS,
DEPRECIATION CHARGES, CAPITAL INVESTMENTS, OR OTHER
EXPENSES ASSOCIATED WITH THE PROVISION OF
TELECOMMUNICATIONS SERVICE BY THE CABLE OPERATOR OR ITS
TELECOMMUNICATIONS SERVICE AFFILIATE.

"SEC. 656. PROHIBITION ON BUYOUTS.

  "(a) GENERAL PROHIBITION.-NO COMMON CARRIER THAT PROVIDES
TELEPHONE EXCHANGE SERVICE, NOR ANY ENTITY OWNED BY OR
UNDER COMMON OWNERSHIP OR CONTROL WITH SUCH CARRIER,
MAY PURCHASE OR OTHERWISE OBTAIN CONTROL OVER ANY CABLE
SYSTEM THAT IS LOCATED WITHIN ITS TELEPHONE SERVICE AREA
AND IS OWNED BY AN UNAFFILIATED PERSON.

  "(B) EXCEPTIONS.-NOTWITHSTANDING SUBSECTION (A), A COMMON
CARRIER MAY-

      "(1) OBTAIN A CONTROLLING INTEREST IN, OR FORM A JOINT
VENTURE OR OTHER PARTNERSHIP WITH, A CABLE SYSTEM THAT
SERVES A RURAL AREA;

      "(2) OBTAIN A CONTROLLING INTEREST IN, OR FORM A JOINT
VENTURE OR OTHER PARTNERSHIP WITH, A CABLE SYSTEM OR
SYSTEMS, IF SUCH SYSTEMS IN THE AGGREGATE SERVE LESS THAN 10
PERCENT OF THE HOUSEHOLDS IN THE TELEPHONE SERVICE AREA OF
SUCH CARRIER AND ITS AFFILIATED COMMON CARRIERS; OR

      "(3) ACQUIRE THE USE OF THAT PART OF THE TRANSMISSION
FACILITIES OF SUCH A CABLE SYSTEM EXTENDING FROM THE LAST
MULTI-USER TERMINAL TO THE PREMISES OF THE END USER IF SUCH
USE IS REASONABLY LIMITED IN SCOPE AND DURATION.

  "(C) WAIVER.-

      "(1) CRITERIA FOR WAIVER.-THE COMMISSION MAY WAIVE THE
RESTRICTIONS IN SUBSECTION (A) OF THIS SECTION ONLY UPON A
SHOWING BY THE APPLICANT THAT-

          "(A) BECAUSE OF THE NATURE OF THE MARKET SERVED BY THE
CABLE SYSTEM CONCERNED-

              "(I) THE INCUMBENT CABLE OPERATOR WOULD BE SUBJECTED
TO UNDUE ECONOMIC DISTRESS BY THE ENFORCEMENT OF SUCH
SUBSECTION; OR

              "(II) THE CABLE SYSTEM WOULD NOT BE ECONOMICALLY
VIABLE IF SUCH SUBSECTION WERE ENFORCED; AND

          "(B) THE LOCAL FRANCHISING AUTHORITY APPROVES OF SUCH
WAIVER.

      "(2) DEADLINE FOR ACTION.-THE COMMISSION SHALL ACT TO
APPROVE OR DISAPPROVE A WAIVER APPLICATION WITHIN 180 DAYS
AFTER THE DATE IT IS FILED.

"SEC. 657. PENALTIES.

  "If the Commission finds that any common carrier has knowingly violated
any provision of this part, the Commission shall assess such fines and
penalties as it deems appropriate pursuant to title V of this Act.

"SEC. 658. CONSUMER PROTECTION.

  "(a) JOINT BOARD REQUIRED.-THE COMMISSION SHALL, WITHIN 30
DAYS AFTER THE DATE OF ENACTMENT OF THIS PART, CONVENE A
FEDERAL-STATE JOINT BOARD UNDER THE PROVISIONS OF SECTION
410(C) FOR THE PURPOSE OF ESTABLISHING THE PRACTICES,
CLASSIFICATIONS, AND REGULATIONS AS MAY BE NECESSARY TO
ENSURE PROPER JURISDICTIONAL SEPARATION AND ALLOCATION OF
THE COSTS OF ESTABLISHING AND PROVIDING A VIDEO PLATFORM
AND ALLOCATIONS OF THOSE COSTS BETWEEN REGULATED AND
UNREGULATED SERVICES, INCLUDING AFFILIATED VIDEO
PROGRAMMING.  THE BOARD SHALL ISSUE ITS RECOMMENDATIONS
TO THE COMMISSION WITHIN 270 DAYS AFTER THE DATE OF
ENACTMENT OF THIS PART.

  "(B) COMMISSION REGULATIONS REQUIRED.-THE COMMISSION,
WITH RESPECT TO INTERSTATE SWITCHED ACCESS SERVICE, AND
THE STATES, WITH RESPECT TO TELEPHONE EXCHANGE SERVICE AND
INTRASTATE INTEREXCHANGE SERVICE, SHALL, WITHIN ONE YEAR
AFTER THE DATE OF THE ENACTMENT OF THIS PART, ESTABLISH
SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO
IMPLEMENT SECTION 655.

  "(C) NO EFFECT ON CARRIER REGULATION AUTHORITY.-NOTHING
IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR SUPERSEDE THE
AUTHORITY OF ANY STATE OR THE COMMISSION WITH RESPECT TO
THE ALLOCATION OF COSTS ASSOCIATED WITH INTRASTATE OR
INTERSTATE COMMUNICATION SERVICES.

"SEC. 659. APPLICABILITY OF FRANCHISE AND OTHER REQUIREMENTS.

  "(a) IN GENERAL.-EXCEPT AS PROVIDED IN SUBSECTION (B)- THIS
TITLE, AND SECTION 325 OF TITLE III, SHALL APPLY, AND
      "(2) THE PROVISIONS OF PARTS III AND IV (OTHER THAN SECTIONS
628, 631, AND 632) OF THIS TITLE SHALL NOT APPLY, TO ANY VIDEO
PLATFORM ESTABLISHED BY A COMMON CARRIER IN ACCORDANCE
WITH THE REQUIREMENTS OF THIS PART.

  "(B) IMPLEMENTATION OF REQUIREMENTS.-

      "(1) REGULATIONS.-THE COMMISSION SHALL PRESCRIBE
REGULATIONS TO ENSURE THAT A VIDEO PROGRAMMING AFFILIATE
OF A COMMON CARRIER SHALL ESTABLISH A VIDEO PLATFORM
UNDER THIS PART THAT PROVIDES (A) CAPACITY FOR PUBLIC,
EDUCATIONAL, AND GOVERNMENTAL USE, (B) CAPACITY FOR
COMMERCIAL USE, (C) CARRIAGE OF COMMERCIAL AND NON-
COMMERCIAL BROADCAST TELEVISION STATIONS, AND (D) AN
OPPORTUNITY FOR COMMERCIAL BROADCAST STATIONS TO CHOOSE
BETWEEN MANDATORY CARRIAGE AND REIMBURSEMENT FOR
RETRANSMISSION OF THE SIGNAL OF SUCH STATION. IN
PRESCRIBING SUCH REGULATIONS, THE COMMISSION SHALL IMPOSE
OBLIGATIONS THAT ARE NO GREATER OR LESSER THAN THE
OBLIGATIONS CONTAINED IN THE PROVISIONS DESCRIBED IN
SUBSECTION (A)(1) OF THIS SECTION.

      "(2) FEES.-A VIDEO PROGRAMMING AFFILIATE OF ANY COMMON
CARRIER THAT ESTABLISHES A VIDEO PLATFORM UNDER THIS PART
SHALL BE SUBJECT TO THE PAYMENT OF FEES IMPOSED BY A LOCAL
FRANCHISING AUTHORITY, IN LIEU OF THE FEES REQUIRED UNDER
SECTION 622. THE RATE AT WHICH SUCH FEES ARE IMPOSED SHALL
NOT EXCEED THE RATE AT WHICH FRANCHISE FEES ARE IMPOSED ON
ANY CABLE OPERATOR TRANSMITTING VIDEO PROGRAMMING IN
THE SAME SERVICE AREA.

"SEC. 660. RURAL AREA EXEMPTION.

  "The provisions of sections 652, 653, 654, and 656 shall not apply to video
programming provided in a rural area by a common carrier that provides
telephone exchange service in the same area.".