[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1312 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1312

To recognize the unique status of local exchange carriers in providing 
  the public switched network infrastructure and to ensure the broad 
    availability of advanced public switched network infrastructure.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 1993

Mr. Boucher (for himself, Mr. Fields of Texas, Mr. Slattery, Mr. Oxley, 
   Mr. Richardson, Mr. Barton of Texas, Mr. Lehman, Mr. Gillmor, Mr. 
Hughes, Mr. Hutchinson, Mr. Spratt, Mr. Bliley, and Mr. Hall of Texas) 
   introduced the following bill; which was referred jointly to the 
          Committees on Energy and Commerce and the Judiciary

_______________________________________________________________________

                                 A BILL


 
To recognize the unique status of local exchange carriers in providing 
  the public switched network infrastructure and to ensure the broad 
    availability of advanced public switched network infrastructure.

    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 ``Local Exchange Infrastructure 
Modernization Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) a ubiquitous high quality public switched network will 
        promote--
                    (A) universal service at reasonable rates;
                    (B) the universal availability of advanced public 
                switched network capabilities and information services;
                    (C) the public health, safety, national defense, 
                education, security, and emergency preparedness;
                    (D) the economic development and quality of life by 
                bringing access to advanced public switched network 
                capabilities to the American people regardless of their 
                location;
                    (E) new services and motivate new service providers 
                by providing uniform network accessibility and 
                interoperability;
                    (F) the international competitiveness of American 
                industry; and
                    (G) a seamless, nationwide, coordinated 
                communications infrastructure that will enhance the 
                quality of life for all Americans;
            (2) the increasing technological complexity and need for 
        ubiquitous infrastructure capability and interoperability of 
        the public switched network requires--
                    (A) sharing of the public switched network 
                infrastructure and functionality between and among 
                local exchange carriers;
                    (B) joint coordinated network planning, design and 
                cooperative implementation among all local exchange 
                carriers; and
                    (C) development of standards for interconnection 
                between the local exchange carrier public switched 
                network and any other person by appropriate standards-
                setting bodies;
            (3) the access provided by the local exchange carrier 
        public switched network to competitor carriers, information 
        service providers and others, tie these diverse elements into 
        an interoperable national telecommunications network;
            (4) a ubiquitous, advanced local exchange carrier public 
        switched network enhances the function and availability of 
        services provided by all carriers and all other persons using 
        the network; and
            (5) it is in the public interest to promote development of 
        the public switched network by local exchange carriers because 
        they--
                    (A) have universal service obligations for 
                geographically specific serving areas for which they 
                must construct a ubiquitous infrastructure;
                    (B) provide public switched network services that 
                are subject to regulation with respect to rates, terms 
                and conditions;
                    (C) must provide network access to their own 
                competitors on nondiscriminatory rates, terms, and 
                conditions; and
                    (D) are suppliers of last resort to customers in 
                their serving areas.

SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934.

    (a) Amendment to Section 1.--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 Commission shall exercise its authority so as to--
            ``(1) preserve and enhance universal service at reasonable 
        rates;
            ``(2) achieve universal availability of advanced network 
        capabilities and information services;
            ``(3) assure a seamless nationwide distribution network 
        through joint network planning, coordination, and service 
        arrangements between and among local exchange carriers;
            ``(4) maintain high standards of quality for advanced 
        network services; and
            ``(5) assure adequate communication for the public health, 
        safety, defense, education, national security and emergency 
        preparedness.''.
    (b) Amendment to Section 2.--Section 2(b) of the Communications Act 
of 1934 (47 U.S.C. 152(b)) is amended by striking ``227'' and inserting 
``229''.
    (c) Amendment to Section 3.--Section 3 of the Communications Act of 
1934 (47 U.S.C. 153) is amended by adding at the end thereof the 
following:
    ``(hh) The term `local exchange carrier' means a carrier which--
            ``(1) is required to provide upon request, under tariff or 
        subject to other government oversight (by the Commission or a 
        State commission), interstate or intrastate access services and 
        telephone exchange service;
            ``(2) is, or was, a participant in one or more interstate 
        pools established by the Commission, or would have been 
        required to participate in one or more such pools had the 
        carrier been engaged in interstate and intrastate access and 
        telephone exchange service while such participation was 
        mandatory;
            ``(3) is subject to the requirements imposed by the 
        Commission or a State commission related to the provision of 
        equal access; and
            ``(4) conforms with the provisions of the North American 
        Numbering Plan applicable to the assignment of numbering 
        resources for telephone exchange service, as defined by the 
        Plan's Administrator.
    ``(ii) The term `Modification of Final Judgment' means the decree 
entered August 24, 1982, in United States v. Western Electric, Civil 
Action No. 82-0192 (United States District Court, District of 
Columbia).''.
    (d) Amendment to Title II.--Title II of the Communications Act of 
1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof 
the following new sections:

``SEC. 228. NETWORK PLANNING AND STANDARDS.

    ``The Commission shall, within 180 days following the date of the 
enactment of this section, prescribe regulations that require--
            ``(1) joint coordinated network planning, design and 
        cooperative implementation among all local exchange carriers in 
        the provision of public switched network infrastructure and 
        services; and
            ``(2) development of standards for interconnection between 
        the local exchange carrier public switched network and any 
        other person by appropriate standard-setting bodies.

``SEC. 229. INFRASTRUCTURE SHARING ARRANGEMENTS BETWEEN OR AMONG LOCAL 
              EXCHANGE CARRIERS.

    ``(a) Sharing Arrangement Regulations.--Within 180 days following 
the date of the enactment of this section, the Commission shall 
prescribe regulations that require local exchange carriers to share 
public switched network infrastructure and functionality with 
requesting local exchange carriers lacking economies of scale or scope, 
as defined in subsection (b).
    ``(b) Definition.--For the purposes of this section, the term 
`local exchange carrier lacking economies of scale or scope' means any 
local exchange carrier which serves a geographic area for which it 
lacks economies of scale or scope for the particular required network 
functionality.
    ``(c) Content of Regulations.--The regulations governing such 
sharing between or among local exchange carriers shall--
            ``(1) promote economically efficient decision-making by 
        local exchange carriers;
            ``(2) not require any local exchange carrier to make any 
        decision that is uneconomic or adverse to the public interest;
            ``(3) permit, but not require, joint ownership and 
        operation of public switched network infrastructure and 
        services by or among local exchange carriers;
            ``(4) limit their applicability to local exchange carriers;
            ``(5) ensure that a local exchange carrier, when sharing 
        any infrastructure or providing any functionality to other 
        local exchange carriers pursuant to this section, shall not be 
        deemed a common carrier for hire when acting in this capacity, 
        and such arrangements shall not be deemed common carrier 
        services by the Commission or by any State commission;
            ``(6) contain general guidelines to ensure that fair and 
        reasonable terms and conditions for and in connection with the 
        business arrangement described in this section are determined 
        by local exchange carriers;
            ``(7) establish conditions that promote cooperation between 
        local exchange carriers; and
            ``(8) ensure that all regulatory rights and obligations for 
        and in connection with the business arrangements described in 
        this section shall be determined exclusively in accordance with 
        the regulations prescribed pursuant to this section.
    ``(d) Rule of Construction.--Nothing in this Act shall be construed 
to enact into law any economic support currently provided to telephone 
exchange service or enact into law any prohibition with regard to new 
economic support mechanisms for telephone exchange service or any 
service other than telephone exchange service.

``SEC. 230. SIGNALLING.

    ``Notwithstanding any other provision of law or any restriction or 
obligation imposed before the date of enactment of this section 
pursuant to the Modification of Final Judgment, no local exchange 
carrier shall be prohibited from transporting or processing signalling 
and information for another local exchange carrier in adjoining or 
reasonably proximate serving areas upon request of that local exchange 
carrier to the same extent that the providing local exchange carrier is 
permitted to engage in such activities for itself.

``SEC. 231. INTRASTATE COMMUNICATION.

    ``Except as provided in section 2, nothing in this Act shall be 
construed to alter, limit, or supersede the authority of any State with 
respect to the regulation of intrastate communication service.''.

SEC. 4. ANTITRUST IMMUNITY FOR LOCAL EXCHANGE CARRIERS.

    (a) Inapplicability of Antitrust Laws.--Nothing contained in any 
Federal or State antitrust law shall render unlawful any individual or 
concerted action taken by a local exchange carrier, or its directors, 
officers, agents, employees, affiliates, subsidiaries, joint ventures, 
counsel or other persons purporting to act on behalf of such carrier, 
pursuant to sections 228, 229, and 230 of the Communications Act of 
1934, including (but not limited to) lobbying before Congress or the 
Federal Communications Commission or communicating by any means with 
other local exchange carriers.
    (b) Definitions.--For purposes of this Act, the following terms are 
defined:
            (1) The term ``Federal antitrust laws'' means the Acts 
        known as the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act 
        (15 U.S.C. 12 et seq.), the Robinson-Patman Act (15 U.S.C. 13 
        et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et 
        seq.), all subsequent amendments of such Acts, and any and all 
        other laws which have been or are hereafter enacted to regulate 
        or prevent contracts, combinations, or conspiracies in 
        restraint of trade or monopolistic practices.
            (2) The term ``State antitrust laws'' means all laws 
        enacted by States or territories within the United States or 
        their political subdivisions which are patterned after the 
        Federal laws known as the Sherman Act (15 U.S.C. 1 et seq.), 
        the Clayton Act (15 U.S.C. 12 et seq.), the Robinson-Patman Act 
        (15 U.S.C. 13 et seq.), the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.), or any subsequent amendments to such Acts, 
        or any other State laws which are not patterned after such 
        Federal Acts or amendments but which are designed to regulate 
        or prevent contracts, combinations, or conspiracies in 
        restraint of trade or monopolistic practices.

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