[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4012 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4012

  To amend the Communications Act of 1934 to foster the deployment of 
   wireless telecommunications services to consumers in rural areas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2002

  Mrs. Cubin introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Communications Act of 1934 to foster the deployment of 
   wireless telecommunications services to consumers in rural areas.

    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 ``Rural Wireless Telecommunications 
Consumer Enhancement Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Telecommunications Act of 1996 was enacted to 
        foster the deployment of telecommunications and information 
        technologies to all Americans by promoting competition and 
        reducing regulation.
            (2) The Telecommunications Act of 1996 specifically 
        recognized the unique challenges in delivering services in 
        rural and underserved areas.
            (3) Small wireless carriers in rural areas are uniquely 
        positioned to offer quality services and competitive 
        initiatives to benefit consumers in such less densely populated 
        regions.
            (4) Existing regulations are typically tailored to the 
        circumstances of larger carriers and therefore often impose 
        disproportionate burdens on small rural wireless carriers 
        inhibiting the ability of these carriers to expand 
        telecommunications services and offer new competitive 
        initiatives to consumers living in rural areas.
            (5) Reducing regulatory burdens on small rural wireless 
        carriers located in and serving rural areas will enable these 
        carriers to commit resources to the deployment of expanded 
        telecommunications services and competitive initiatives to 
        benefit consumers living in such areas.
            (6) Reducing regulatory burdens on small rural wireless 
        carriers located in and serving rural areas will increase 
        carriers' abilities to respond to marketplace conditions 
        allowing them to accelerate deployment of wireless services and 
        competitive initiatives to benefit businesses and residents in 
        rural areas.
    (b) Purposes.--The purposes of this Act are--
            (1) to accelerate deployment of wireless telecommunications 
        and the development of competition in the telecommunications 
        industry in all regions of the Nation, consistent with the 
        Telecommunications Act of 1996, by reducing regulatory burdens 
        on small rural wireless carriers located in and serving rural 
        communities;
            (2) to improve such carriers' abilities to offer new 
        competitive initiatives; and
            (3) to allow such carriers to redirect resources from 
        paying the costs of such regulatory burdens to increasing 
        investment in such initiatives.

SEC. 3. DEFINITIONS.

    Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
amended--
            (1) by redesignating paragraphs (40) through (52) as 
        paragraphs (41) through (53), respectively; and
            (2) by inserting after paragraph (39) the following new 
        paragraph:
            ``(40) Small rural wireless carriers.--The term `small 
        rural wireless carriers' means any wireless company (together 
        with all affiliates) whose wireless subscribers are fewer than 
        1 percent of the Nation's wireless subscribers in the aggregate 
        nationwide.''.

SEC. 4. REDUCED REGULATORY BURDENS ON SMALL RURAL WIRELESS CARRIERS.

    Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)) 
is amended by adding at the end the following new paragraph:
            ``(9) Small rural wireless carriers.--
                    ``(A) Commission to take into account 
                differences.--In adopting rules that apply to small 
                rural wireless carriers (as defined in this Act) the 
                Commission shall separately evaluate the burden that 
                any proposed regulatory, compliance, or reporting 
                requirements would have on small rural wireless 
                carriers.
                    ``(B) Effect of commission's failure to take into 
                account differences.--If the Commission adopts a rule 
                that applies to small rural wireless carriers and fails 
                to separately evaluate the burden that any proposed 
                regulatory, compliance, or reporting requirement would 
                have on small rural wireless carriers, the Commission 
                shall not enforce the rule against small rural wireless 
                carriers until the Commission performs such separate 
                evaluation.
                    ``(C) If commission determines the rules are 
                burdensome.--If its evaluation determines that any 
                proposed regulatory, compliance, or reporting 
                requirement would create a financial burden on small 
                rural wireless carriers by imposing additional costs 
                that require small rural wireless carriers to divert 
                resources from improving existing and advanced 
                services, making infrastructure investments, and other 
                competitive initiatives for the benefit of businesses 
                and residents in rural areas, the Commission shall 
                forbear from imposing such requirement on small rural 
                wireless carriers unless it determines such forbearance 
                is not in the public interest.
                    ``(D) If forbearance is not in the public 
                interest.--If the Commission determines that such 
                forbearance is not in the public interest, the 
                Commission shall state its reasons for such 
                determination, develop an alternative schedule that 
                provides additional time for small rural wireless 
                carriers to comply with such requirements, and report 
                such actions to the Congress 30 days prior to 
                finalizing the regulatory, compliance, or reporting 
                requirements.
                    ``(E) Additional review not required.--The 
                Commission is not required to conduct a separate 
                evaluation under subparagraph (A) if the rules adopted 
                do not apply to small rural wireless carriers.''.

SEC. 5. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR 
              WAIVER.

    Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is 
amended by adding at the end the following new subsection:
    ``(c) Expedited Action Required.--Not later than 90 days after 
receiving from a small rural wireless carrier a petition for 
reconsideration or other review filed under this section or a petition 
for waiver of a rule, policy, or other Commission requirement, the 
Commission shall issue an order granting or denying such petition. If 
the Commission fails to act on a petition for waiver subject to the 
requirements of this section within this 90-day period, the relief 
sought in such petition shall be deemed granted. If the Commission 
fails to act on a petition for reconsideration or other review subject 
to the requirements of this section within such 90-day period, the 
Commission's enforcement of any rule the reconsideration or other 
review of which was specifically sought by the petitioning party shall 
be stayed with respect to that party.''.

SEC. 6. ESTABLISHING OFFICE OF RURAL ADVOCACY IN THE FEDERAL 
              COMMUNICATIONS COMMISSION.

    Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) 
is amended by adding at the end the following new section:

``SEC. 12. OFFICE OF RURAL ADVOCACY.

    ``(a) Establishment.--There shall be in the Commission an office to 
be known as the `Office of Rural Advocacy' (hereafter in this section 
referred to as the `Office'). The Office shall not be a bureau of the 
Commission.
    ``(b) Head of Office.--The Office shall be headed by the Rural 
Advocate of the Federal Communications Commission. The Rural Advocate 
shall be appointed by the President, by and with the advice and consent 
of the Senate, from among citizens of the United States. The Rural 
Advocate shall have a status and rank in the Commission commensurate 
with the status and rank in the Commission of the heads of the bureaus 
of the Commission.
    ``(c) Responsibilities of Office.--The responsibilities of the 
Office are as follows:
            ``(1) To promote access to wireless telecommunications 
        services for populations in the rural United States.
            ``(2) To assess the effectiveness of existing Federal 
        programs for providers of wireless telecommunications services 
        in rural areas and make recommendations to Congress for 
        legislative actions to improve such programs.
            ``(3) To measure the costs and other effects of Federal 
        regulations on the capability of wireless telecommunications 
        carriers in rural areas to provide telecommunications services 
        in such areas and make recommendations for legislative and non-
        legislative actions to modify such regulations so as to 
        minimize the interference of such regulations with that 
        capability.
            ``(4) To represent the views and interests of rural 
        populations and providers of telecommunications services in 
        rural areas before any department or agency of the Federal 
        Government whose policies and activities affect the receipt or 
        delivery of telecommunications services in rural areas.
            ``(5) To serve as a focal point for the receipt of 
        complaints, criticisms, and suggestions concerning policies and 
        activities of any department or agency of the Federal 
        Government which affect the delivery of telecommunications 
        services in rural areas.
    ``(d) Staff.--For purposes of carrying out the responsibilities of 
the Office, the Rural Advocate may employ personnel not to exceed 10 
individuals with a rate of pay not to exceed GS-15 of the General 
Schedule.
    ``(e) Annual Report.--The Rural Advocate shall submit to the 
Congress, the President, and the Commission on an annual basis a report 
on the activities of the Office under this section during the preceding 
year. The report may include any recommendations for legislative or 
other action that the Rural Advocate considers appropriate. Nothing in 
this section shall be construed to limit the Rural Advocate from making 
other reports as deemed appropriate by the Rural Advocate.
    ``(f) Limited Authority.--Nothing in this section should be 
interpreted to give the Rural Advocate any authority to impose or to 
seek imposition from the Commission on small rural wireless carriers of 
any additional regulatory, compliance, or reporting requirements.''.

SEC. 7. EFFECTIVE DATE.

    This Act shall apply to all rulemaking that is pending on or 
commenced after the date of enactment of this Act.
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