[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1542 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1542
To deregulate the Internet and high speed data services, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2001
Mr. Tauzin (for himself, Mr. Dingell, Mr. Goodlatte, Mr. Boucher, Mr.
English, Mr. Frost, Mr. Smith of Washington, Mr. Lucas of Kentucky, Mr.
Whitfield, Mr. Murtha, Mr. Collins, Mr. Blagojevich, Mr. Fossella, Mr.
Dicks, Mr. Gillmor, Mr. Barton of Texas, Mr. Kind, Mr. Greenwood, Mr.
Meeks of New York, Mr. Camp, Mr. Baldacci, Mr. Rahall, Mr. Holden, Mrs.
McCarthy of New York, Mr. Brady of Pennsylvania, Mr. Simpson, Mr. Boyd,
Mrs. Northup, Mr. Engel, Mr. Sandlin, Mr. Everett, Mr. Boehner, Mr.
Reynolds, Mr. Weldon of Pennsylvania, Mr. Sessions, Mr. Bonior, Mr.
Maloney of Connecticut, Mr. Buyer, Mr. Cunningham, Mr. McCrery, Mr.
Bishop, Mr. Lampson, Mr. Vitter, Mr. Bass, Mr. Ackerman, Mr. Blunt, Mr.
McHugh, Mr. Ryan of Wisconsin, Mr. Quinn, Mr. Baca, Mr. Gonzalez, Mr.
Baker, Mr. Walsh, Mr. Green of Texas, Mr. Wexler, Mr. Oxley, Mr.
Radanovich, Mr. Diaz-Balart, Mr. Cooksey, Mr. Clement, Mr. Larsen of
Washington, Mr. Schrock, Mr. Petri, Mr. Watkins, Ms. Ros-Lehtinen, Mr.
Hilliard, Mr. Otter, Mr. Shadegg, Mr. Bryant, Mr. Platts, Mr. Putnam,
Mr. Cummings, Mr. Rodriguez, Mr. Condit, Mr. Burr of North Carolina,
and Mr. Wynn) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To deregulate the Internet and high speed data 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 ``Internet Freedom and Broadband
Deployment Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Internet access services are inherently interstate and
international in nature, and should therefore not be subject to
regulation by the States.
(2) The imposition of regulations by the Federal
Communications Commission and the States has impeded the rapid
delivery of high speed Internet access services to the public,
thereby reducing consumer choice and welfare.
(3) The Telecommunications Act of 1996 represented a
careful balance between the need to open up local
telecommunications markets to competition and the need to
increase competition in the provision of interLATA voice
telecommunications services.
(4) In enacting the prohibition on Bell operating company
provision of interLATA services, Congress recognized that
certain telecommunications services have characteristics that
render them incompatible with the prohibition on Bell operating
company provision of interLATA services, and exempted such
services from the interLATA prohibition.
(5) High speed data services and Internet access services
constitute unique markets that are likewise incompatible with
the prohibition on Bell operating company provision of
interLATA services.
(6) Since the enactment of the Telecommunications Act of
1996, the Federal Communications Commission has construed the
prohibition on Bell operating company provision of interLATA
services in a manner that has impeded the development of
advanced telecommunications services, thereby limiting consumer
choice and welfare.
(7) Internet users should have choice among competing
Internet service providers.
(8) Internet service providers should have the right to
interconnect with high speed data networks in order to provide
service to Internet users.
(b) Purposes.--It is therefore the purpose of this Act to provide
market incentives for the rapid delivery of advanced telecommunications
services--
(1) by deregulating high speed data services and Internet
access services;
(2) by clarifying that the prohibition on Bell operating
company provision of interLATA services does not extend to the
provision of high speed data services and Internet access
services;
(3) by ensuring that consumers can choose among competing
Internet service providers; and
(4) by ensuring that Internet service providers can
interconnect with competitive high speed data networks in order
to provide Internet access service to the public.
SEC. 3. DEFINITIONS
(a) Amendments.--Section 3 of the Communications Act of 1934 (47
U.S.C. 153) is amended--
(1) by redesignating paragraph (20) as paragraph (21);
(2) by redesignating paragraphs (21) through (52) as
paragraphs (24) through (54), respectively;
(3) by inserting after paragraph (19) the following new
paragraph:
``(20) High speed data service.--The term `high speed data
service' means any service that consists of or includes the
offering of a capability to transmit, using a packet-switched
or successor technology, information at a rate that is
generally not less than 384 kilobits per second in at least one
direction.'';
(4) by inserting after paragraph (22) the following new
paragraphs:
``(23) Internet.--The term `Internet' means collectively
the myriad of computer and telecommunications facilities,
including equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
``(24) Internet access service.--The term `Internet access
service' means (A) a service that combines computer processing,
information storage, protocol conversion, and routing with
transmission to enable users to access Internet content and
services, and (B) the transmission of such service, but does
not include the portion of such transmission from the user to
the provider of such service.''.
(b) Conforming Amendments.--
(1) Section 230(f) of the Communications Act of 1934 (47
U.S.C. 230(f)) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
(2) Section 223(h)(2) of such Act (47 U.S.C. 223(h)(2)) is
amended by striking ``230(f)(2)'' and inserting ``230(f)(1)''.
SEC. 4. LIMITATION ON AUTHORITY TO REGULATE HIGH SPEED DATA SERVICES.
(a) In General.--Part I of title II of the Communications Act of
1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the
following new section:
``SEC. 232. PROVISION OF HIGH SPEED DATA SERVICES.
``(a) Freedom From Regulation.--Except to the extent that high
speed data service and Internet access service are expressly referred
to in this Act, neither the Commission, nor any State, shall have
authority to regulate the rates, charges, terms, or conditions for, or
entry into the provision of, any high speed data service or Internet
access service, or to regulate the facilities used in the provision of
either such service.
``(b) Savings Provision.--Nothing in this section shall be
construed to limit or affect the authority of any State to regulate
voice telephone exchange services, nor affect the rights of cable
franchise authorities to establish requirements that are otherwise
consistent with this Act.
``(c) Continued Enforcement of ESP Exemption, Universal Service
Rules Permitted.--Nothing in this section shall affect the ability of
the Commission to retain or modify--
``(1) the exemption from interstate access charges for
enhanced service providers under Part 69 of the Commission's
Rules; or
``(2) rules issued pursuant to section 254.''.
(b) Conforming Amendment.--Section 251 of the Communications Act of
1934 (47 U.S.C. 251) is amended by adding at the end thereof the
following new subsection:
``(j) Exemption.--
``(1) In general.--Notwithstanding the provisions of
subsections (c) and (d), the Commission shall not require an
incumbent local exchange carrier to--
``(A) provide unbundled access to any network
elements used in the provision of any high speed data
service, other than those network elements described in
section 51.319 of the Commission's regulations (47
C.F.R. 51.319), as in effect on January 1, 1999; or
``(B) offer for resale at wholesale rates any high
speed data service.
``(2) Authority to reduce elements subject to
requirement.--Paragraph (1)(A) shall not prohibit the
Commission from modifying the regulation referred to in that
paragraph to reduce the number of network elements subject to
the unbundling requirement, or to forbear from enforcing any
portion of that regulation in accordance with the Commission's
authority under section 706 of the Telecommunications Act of
1996, notwithstanding any limitation on that authority in
section 10 of this Act.''.
SEC. 5. INTERNET CONSUMERS FREEDOM OF CHOICE.
Part I of title II of the Communications Act of 1934, as amended by
section 4, is amended by adding at the end the following new section:
``SEC. 233. INTERNET CONSUMERS FREEDOM OF CHOICE.
``(a) Purpose.--It is the purpose of this section to ensure that
Internet users have freedom of choice of Internet service provider.
``(b) Obligations of Incumbent Local Exchange Carriers.--Each
incumbent local exchange carrier has the duty to provide--
``(1) Internet users with the ability to subscribe to and
have access to any Internet service provider that interconnects
with such carrier's high speed data service;
``(2) any Internet service provider with the right to
acquire the facilities and services necessary to interconnect
with such carrier's high speed data service for the provision
of Internet access service; and
``(3) any Internet service provider with the ability to
collocate equipment in accordance with the provisions of
section 251, to the extent necessary to achieve the objectives
of paragraphs (1) and (2) of this subsection.
``(c) Definitions.--As used in this section--
``(1) Internet service provider.--The term `Internet
service provider' means any provider of Internet access
service.
``(2) Incumbent local exchange carrier.--The term
`incumbent local exchange carrier' has the same meaning as
provided in section 251(h).''.
SEC. 6. INCIDENTAL INTERLATA PROVISION OF HIGH SPEED DATA AND INTERNET
ACCESS SERVICES.
(a) Incidental InterLATA Service Premitted.--Section 271(g) of the
Communications Act of 1934 (47 U.S.C. 271(g)) is amended--
(1) by striking ``or'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; or''; and
(3) by adding at the end thereof the following new
paragraph:
``(7) of high speed data service or Internet access
service.''.
(b) Prohibition on Marketing Voice Services.--Section 271 of such
Act is amended by adding at the end thereof the following new
subsection:
``(k) Prohibition on Marketing Voice Telephone Services.--Until the
date on which a Bell operating company is authorized to offer interLATA
services originating in an in-region State in accordance with the
provisions of this section, such Bell operating company offering any
high speed data service or Internet access service pursuant to the
provisions of paragraph (7) of subsection (g) may not, in such in-
region State market, bill, or collect for interLATA voice
telecommunications service obtained by means of the high speed data
service or Internet access service provided by such company.''.
(c) Conforming Amendments.--
(1) Section 272(a)(2)(B)(i) of such Act is amended to read
as follows:
``(i) incidental interLATA services
described in paragraphs (1), (2), (3), (5),
(6), and (7) of section 271(g).''.
(2) Section 272(a)(2)(C) of such Act is repealed.
<all>