[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 877 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 877

To encourage the provision of advanced service, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 1999

Mr. Brownback (for himself, Mr. Nickles, and Mr. Craig) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To encourage the provision of advanced service, 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 Internet Regulatory Relief 
Act of 1999''.

SEC. 2. DEFINITIONS.

    (a) In General.--Section 3 of the Communications Act of 1934 (47 
U.S.C. 153) is amended by--
            (1) redesignating paragraph (1) through (51) as paragraphs 
        (3) through (53), respectively;
            (2) inserting before paragraph (3), as redesignated, the 
        following:
            ``(1) Advanced service.--The term `advanced service' means 
        a communications service or combination of such services 
        providing a digitally encoded signal downstream from a provider 
        to a consumer at a rated speed of 200 kilobits per second or 
        above and upstream from a consumer to a provider at a rated 
        speed of 128 kilobits per second or above for access to the 
        Internet or other interstate information and data services.
            ``(2) Advanced service provider.--The term `advanced 
        service provider' means any provider of advanced services.'';
            (3) redesignating paragraphs (19) through (53), as 
        redesignated by paragraph (1) of this subsection, as paragraphs 
        (20) through (54), respectively; and
            (4) inserting before paragraph (20), as redesignated by 
        paragraph (3) of this subsection, the following:
            ``(19) DSL-capable loop.--The term `DSL-capable loop' means 
        a loop capable of transporting an advanced service.''.
    (b) Conforming Amendment.--Section 271(c)(1)(A) of the 
Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by 
striking ``3(47)(A),'' and inserting ``3(50)(A),''.

SEC. 3. REGULATION OF ADVANCED SERVICE.

    (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 thereof 
the following:

``SEC. 262. PROVISION OF ADVANCED SERVICE BY INCUMBENT LOCAL EXCHANGE 
              CARRIER.

    ``(a) In General.--Nothwithstanding section 2(b) of this Act, or 
any other provision of law, an incumbent local exchange carrier shall 
not be subject to the requirements of--
            ``(1) section 251(c)(3) with respect to facilities and 
        equipment used exclusively to provide advanced service; and
            ``(2) section 251(c)(4) for the provision of advanced 
        service,
in any State in which 70 percent of the incumbent local exchange 
carrier's loops in its service territory are DSL-capable, as determined 
by that State.
    ``(b) Pricing Flexibility.--
            ``(1) Competition for advanced service.--Except as provided 
        in paragraph (4), the prices, terms, and conditions of any 
        advanced service by an incumbent local exchange carrier shall 
        not be subject to regulation if the Commission determines that 
        advanced service is being offered by an unaffiliated advanced 
        service provider in competition with the incumbent local 
        exchange carrier within a geographic area served by a central 
        office.
            ``(2) Petition.--An incumbent local exchange carrier 
        seeking pricing flexibility under paragraph (1) may file a 
        petition with the Commission seeking such relief. A petition 
        under this paragraph is deemed to have been approved if the 
        Commission does not act on it within 30 days after it is filed.
            ``(3) Unconditional relief.--If the Commission determines 
        under paragraph (1) that advanced service is being offered by 
        an unaffiliated provider in the manner described in that 
        paragraph, the Commission shall approve the petition of the 
        incumbent local exchange carrier unconditionally.
            ``(4) Advanced service outside an incumbent's territory.--
        The rates, terms, and conditions of advanced service offered by 
        an incumbent local exchange carrier or its affiliate are not 
        subject to regulation in any geographic area in which that 
        carrier, its successor, or assigns was not the local incumbent 
        exchange carrier on February 8, 1996.
            ``(5) Schedule of charges.--For any advanced service that 
        has not been determined by the Commission to be subject to 
        competition under paragraph (1), the incumbent local exchange 
        carrier furnishing such advanced service shall file with the 
        Commission a schedule of charges and practices for such 
        advanced service in a manner prescribed by the Commission under 
        section 204. Any such schedule of charges and practices shall 
        be deemed lawful and shall be effective 2 days after the date 
        on which it was filed with the Commission unless the Commission 
        takes action under section 204(a)(1) before the end of that 2-
        day period.
    ``(c) Definition of Incumbent Local Exchange Carrier.--For purposes 
of this section, the term `incumbent local exchange carrier' has the 
meaning given to that term by section 251(h).

``SEC. 263. PROVISION OF ADVANCED SERVICE NOT SUBJECT TO CERTAIN RESALE 
              REQUIREMENTS.

    ``Notwithstanding section 2(b), or any other provision of law, 
section 251(b)(1) does not apply to a local exchange carrier with 
respect to its provision of advanced service.''.
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