[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5252 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 5252

_______________________________________________________________________

                                 AN ACT


 
     To promote the deployment of broadband networks and services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Communications 
Opportunity, Promotion, and Enhancement Act of 2006''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
                  TITLE I--NATIONAL CABLE FRANCHISING

Sec. 101. National cable franchising.
Sec. 102. Definitions.
Sec. 103. Monitoring and reporting.
Sec. 104. Rule of construction.
          TITLE II--ENFORCEMENT OF BROADBAND POLICY STATEMENT

Sec. 201. Enforcement of broadband policy statement.
                          TITLE III--VOIP/911

Sec. 301. Emergency services; interconnection.
Sec. 302. Compensation and contribution.
               TITLE IV--MUNICIPAL PROVISION OF SERVICES

Sec. 401. Government authority to provide services.
                       TITLE V--BROADBAND SERVICE

Sec. 501. Stand-alone broadband service.
Sec. 502. Study of interference potential of broadband over power line 
                            systems.
                      TITLE VI--SEAMLESS MOBILITY

Sec. 601. Development of seamless mobility.

                  TITLE I--NATIONAL CABLE FRANCHISING

SEC. 101. NATIONAL CABLE FRANCHISING.

    (a) Amendment.--Part III of title VI of the Communications Act of 
1934 (47 U.S.C. 541 et seq.) is amended by adding at the end the 
following new section:

``SEC. 630. NATIONAL CABLE FRANCHISING.

    ``(a) National Franchises.--
            ``(1) Election.--A person or group that is eligible under 
        subsection (d) may elect to obtain a national franchise under 
        this section as authority to provide cable service in a 
        franchise area in lieu of any other authority under Federal, 
        State, or local law to provide cable service in such franchise 
        area. A person or group may not provide cable service under the 
        authority of this section in a franchise area unless such 
        person or group has a franchise under this section that is 
        effective with respect to such franchise area. A franchising 
        authority may not require any person or group that has a 
        national franchise under this section in effect with respect to 
        a franchise area to obtain a franchise under section 621 or any 
        other law to provide cable service in such franchise area.
            ``(2) Certification.--To obtain a national franchise under 
        this section as authority to provide cable service in a 
        franchise area, a person or group shall--
                    ``(A) file with the Commission a certification for 
                a national franchise containing the information 
                required by paragraph (3) with respect to such 
                franchise area, if such person or group has not 
                previously obtained a national franchise; or
                    ``(B) file with the Commission a subsequent 
                certification for additional franchise areas containing 
                the information required by paragraph (3) with respect 
                to such additional franchise areas, if such person or 
                group has previously obtained a national franchise.
            ``(3) Contents of certification.--Such certification shall 
        be in such form as the Commission shall require by regulation 
        and shall contain--
                    ``(A) the name under which such person or group is 
                offering or intends to offer cable service;
                    ``(B) the names and business addresses of the 
                directors and principal executive officers, or the 
                persons performing similar functions, of such person or 
                group;
                    ``(C) the location of such person or group's 
                principal business office;
                    ``(D) the name, business address, electronic mail 
                address, and telephone and fax number of such person or 
                group's local agent;
                    ``(E) a declaration by such person or group that 
                such person or group is eligible under subsection (d) 
                to obtain a national franchise under this section;
                    ``(F) an identification of each franchise area in 
                which such person or group seeks authority to offer 
                cable service pursuant to such certification, which 
                franchise area shall be--
                            ``(i) the entirety of a franchise area in 
                        which a cable operator is, on the date of the 
                        filing of such certification, authorized to 
                        provide cable service under section 621 or any 
                        other law (including this section); or
                            ``(ii) a geographic area that covers the 
                        entirety of the jurisdiction of a unit of 
                        general local government, except that--
                                    ``(I) if the geographic area 
                                overlaps with a franchise area in which 
                                a cable operator is, on such date, 
                                authorized to provide cable service 
                                under section 621 or any other law, the 
                                geographic area identified in the 
                                certification under this clause as a 
                                franchise area shall not include the 
                                overlapping area; and
                                    ``(II) if such geographic area 
                                includes areas that are, respectively, 
                                within the jurisdiction of different 
                                franchising authorities, the 
                                certification shall specify each such 
                                area as a separate franchise area;
                    ``(G) a declaration that such person or group 
                transmitted, or will transmit on the day of filing such 
                declaration, a copy of such certification to the 
                franchising authority for each franchise area for which 
                such person or group is filing a certification for 
                authority to offer cable service under this section;
                    ``(H) a declaration by the person or group that the 
                person or group will comply with the rights-of-way 
                requirements of the franchising authority in accordance 
                with subsection (f); and
                    ``(I) a declaration by the person or group that--
                            ``(i) the person or group will comply with 
                        all Commission consumer protection and customer 
                        service rules under section 632(b) (including 
                        the rules adopted under section 632(b) pursuant 
                        to subsection (g) of this section); and
                            ``(ii) the person or group agrees that such 
                        standards may be enforced by the Commission or 
                        by the franchising authority in accordance with 
                        subsection (g) of this section.
            ``(4) Local notification; preservation of opportunity to 
        negotiate.--
                    ``(A) Copy to franchising authority.--On the day of 
                filing any certification under paragraph (2)(A) or (B) 
                for a franchise area, the person or group shall 
                transmit a copy of such certification to the 
                franchising authority for such area.
                    ``(B) Negotiated franchise agreements permitted.--
                Nothing in this section shall prevent a person or group 
                from negotiating a franchise agreement or any other 
                authority to provide cable service in a franchise area 
                under section 621 or any other law. Upon entry into any 
                such negotiated franchise agreement, such negotiated 
                franchise agreement shall apply in lieu of any national 
                franchise held by that person or group under this 
                section for such franchise area.
            ``(5) Updating of certifications.--A person or group with a 
        certification under this section shall update any information 
        contained in such certification that is no longer accurate and 
        correct.
            ``(6) Public availability of certifications.--The 
        Commission shall provide for the public availability on the 
        Commission's Internet website or other electronic facility of 
        all current certifications filed under this section.
    ``(b) Effectiveness; Duration.--
            ``(1) Effectiveness.--A national franchise under this 
        section shall be effective with respect to any franchise area 
        30 days after the date of the filing of a completed 
        certification under subsection (a)(2)(A) or (B) that applies to 
        such franchise area.
            ``(2) Duration.--
                    ``(A) In general.--A franchise under this section 
                that applies to a franchise area shall be effective for 
                that franchise area for a term of 10 years.
                    ``(B) Renewal.--A franchise under this section for 
                a franchise area shall be renewed automatically upon 
                expiration of the 10-year period described in 
                subparagraph (A).
                    ``(C) Public hearing.--At the request of a 
                franchising authority in a franchise area, a cable 
                operator authorized under this section to provide cable 
                service in such franchise area shall, within the last 
                year of the 10-year period applicable under 
                subparagraph (A) to the cable operator's franchise for 
                such franchise area, participate in a public hearing on 
                the cable operator's performance in the franchise area, 
                including the cable operator's compliance with the 
                requirements of this title. The hearing shall afford 
                the public the opportunity to participate for the 
                purpose of identifying cable-related community needs 
                and interests and assessing the operator's performance. 
                The cable operator shall provide notice to its 
                subscribers of the hearing at least 30 days prior to 
                the hearing. The Commission shall by rule specify the 
                methods by which a franchising authority shall notify a 
                cable operator of the hearing for which its 
                participation is required under this subparagraph.
                    ``(D) Revocation.--A franchise under this section 
                for a franchise area may be revoked by the Commission--
                            ``(i) for willful or repeated violation of 
                        any Federal or State law, or any Commission 
                        regulation, relating to the provision of cable 
                        service in such franchise area;
                            ``(ii) for false statements or material 
                        omissions knowingly made in any filing with the 
                        Commission relating to the provision of cable 
                        service in such franchise area;
                            ``(iii) for willful or repeated violation 
                        of the rights-of-way management laws or 
                        regulations of any franchising authority in 
                        such franchise area relating to the provision 
                        of cable service in such franchise area; or
                            ``(iv) for willful or repeated violation of 
                        the antidiscrimination requirement of 
                        subsection (h) with respect to such franchise 
                        area.
                    ``(E) Notice.--The Commission shall send a notice 
                of such revocation to each franchising authority with 
                jurisdiction over the franchise areas for which the 
                cable operator's franchise was revoked.
                    ``(F) Reinstatement.--After a revocation under 
                subparagraph (D) of a franchise for a franchise area of 
                any person or group , the Commission may refuse to 
                accept for filing a new certification for authority of 
                such person or group to provide cable service under 
                this section in such franchise area until the 
                Commission determines that the basis of such revocation 
                has been remedied.
                    ``(G) Return to local franchising if cable 
                competition ceases.--
                            ``(i) If only one cable operator is 
                        providing cable service in a franchise area, 
                        and that cable operator obtained a national 
                        franchise for such franchise area under 
                        subsection (d)(2), the franchising authority 
                        for such franchise area may file a petition 
                        with the Commission requesting that the 
                        Commission terminate such national franchise 
                        for such franchise area.
                            ``(ii) The Commission shall provide public 
                        notice and opportunity to comment on such 
                        petition. If it finds that the requirements of 
                        clause (i) are satisfied, the Commission shall 
                        issue an order granting such petition. Such 
                        order shall take effect one year from the date 
                        of such grant, if no other cable operator 
                        offers cable service in such area during that 
                        one year. If another cable operator does offer 
                        cable service in such franchise area during 
                        that one year, the Commission shall rescind 
                        such order and dismiss such petition.
                            ``(iii) A cable operator whose national 
                        franchise is terminated for such franchise area 
                        under this subparagraph may obtain new 
                        authority to provide cable service in such 
                        franchise area under this section, section 621, 
                        or any other law, if and when eligible.
    ``(c) Requirements of National Franchise.--A national franchise 
shall contain the following requirements:
            ``(1) Franchise fee.--A cable operator authorized under 
        this section to provide cable service in a franchise area shall 
        pay to the franchising authority in such franchise area a 
        franchise fee of up to 5 percent (as determined by the 
        franchising authority) of such cable operator's gross revenues 
        from the provision of cable service under this section in such 
        franchise area. Such payment shall be assessed and collected in 
        a manner consistent with section 622 and the definitions of 
        gross revenues and franchise fee in this section.
            ``(2) PEG/I-net requirements.--A cable operator authorized 
        under this section to provide cable service in a franchise area 
        shall comply with the requirements of subsection (e).
            ``(3) Rights-of-way.--A cable operator authorized under 
        this section to provide cable service in a franchise area shall 
        comply with the rights-of-way requirements of the franchising 
        authority under subsection (f).
            ``(4) Consumer protection and customer service standards.--
        A cable operator authorized under this section to provide cable 
        service in a franchise area shall comply with the consumer 
        protection and customer service standards established by the 
        Commission under section 632(b).
            ``(5) Child pornography.--A cable operator authorized under 
        this section to provide cable service in a franchise area shall 
        comply with the regulations on child pornography promulgated 
        pursuant to subsection (i).
    ``(d) Eligibility for National Franchises.--The following persons 
or groups are eligible to obtain a national franchise under this 
section:
            ``(1) Commencement of service after enactment.--A person or 
        group that is not providing cable service in a franchise area 
        on the date of enactment of this section under section 621 or 
        any other law may obtain a national franchise under this 
        section to provide cable service in such franchise area.
            ``(2) Existing providers of cable service.--A person or 
        group that is providing cable service in a franchise area on 
        the date of enactment of this section under section 621 or any 
        other law may obtain a franchise under this section to provide 
        cable service in such franchise area if, on the date that the 
        national franchise becomes effective, another person or group 
        is providing cable service under this section, section 621, or 
        any other law in such franchise area.
    ``(e) Public, Educational, and Governmental Use.--
            ``(1) In general.--Subject to paragraph (3), a cable 
        operator with a national franchise for a franchise area under 
        this section shall provide channel capacity for public, 
        educational, and governmental use that is not less than the 
        channel capacity required of the cable operator with the most 
        subscribers in such franchise area on the effective date of 
        such national franchise. If there is no other cable operator in 
        such franchise area on the effective date of such national 
        franchise, or there is no other cable operator in such 
        franchise area on such date that is required to provide channel 
        capacity for public, educational, and governmental use, the 
        cable operator shall provide the amount of channel capacity for 
        such use as determined by Commission rule.
            ``(2) PEG and i-net financial support.--A cable operator 
        with a national franchise under this section for a franchise 
        area shall pay an amount equal to 1 percent of the cable 
        operator's gross revenues (as such term is defined in this 
        section) in the franchise area to the franchising authority for 
        the support of public, educational, and governmental use and 
        institutional networks (as such term is defined in section 
        611(f)). Such payment shall be assessed and collected in a 
        manner consistent with section 622, including the authority of 
        the cable operator to designate that portion of a subscriber's 
        bill attributable to such payment. A cable operator that 
        provided cable service in a franchise area on the date of 
        enactment of this section and that obtains a national franchise 
        under this section shall continue to provide any institutional 
        network that it was required to provide on the day before its 
        national franchise became effective in such franchise area 
        under section 621 or any other law. Notwithstanding section 
        621(b)(3)(D), a franchising authority may not require a cable 
        operator franchised under this section to construct a new 
        institutional network.
            ``(3) Adjustment.--Every 10 years after the commencement of 
        a franchise under this section for a franchise area, a 
        franchising authority may require a cable operator authorized 
        under such franchise to increase the channel capacity 
        designated for public, educational, or governmental use, and 
        the channel capacity designated for such use on any 
        institutional networks required under paragraph (2). Such 
        increase shall not exceed the higher of--
                    ``(A) one channel; or
                    ``(B) 10 percent of the public, educational, or 
                governmental channel capacity required of that operator 
                prior to the increase.
            ``(4) Transmission and production of programming.--
                    ``(A) A cable operator franchised under this 
                section shall ensure that any public, educational, or 
                governmental programming carried by the cable operator 
                under this section within a franchise area is available 
                to all of its subscribers in such franchise area.
                    ``(B) The production of any programming provided 
                under this subsection shall be the responsibility of 
                the franchising authority.
                    ``(C) A cable operator franchised under this 
                section shall be responsible for the transmission from 
                the signal origination point (or points) of the 
                programming, or from the point of interconnection with 
                another cable operator under subparagraph (D), to the 
                cable operator's subscribers, of any public, 
                educational, or governmental programming produced by or 
                for the franchising authority and carried by the cable 
                operator pursuant to this section.
                    ``(D) Unless two cable operators otherwise agree to 
                the terms for interconnection and cost sharing, such 
                cable operators shall, if at least one of the operators 
                is providing cable service in the franchise area 
                pursuant to a franchise under this section, comply with 
                regulations prescribed by the Commission providing 
                for--
                            ``(i) the interconnection between two cable 
                        operators in a franchise area for transmission 
                        of public, educational, or governmental 
                        programming, without material deterioration in 
                        signal quality or functionality; and
                            ``(ii) the reasonable allocation of the 
                        costs of such interconnection between such 
                        cable operators.
                    ``(E) A cable operator shall display the program 
                information for public, educational, or governmental 
                programming carried under this subsection in any print 
                or electronic program guide in the same manner in which 
                it displays program information for other video 
                programming in the franchise area. The cable operator 
                shall not omit such public, educational, or 
                governmental programming from any navigational device, 
                guide, or menu containing other video programming that 
                is available to subscribers in the franchise area.
    ``(f) Rights-of-Way.--
            ``(1) Authority to use.--Any franchise under this section 
        for a franchise area shall be construed to authorize the 
        construction of a cable system over public rights-of-way, and 
        through easements, which is within the area to be served by the 
        cable system and which have been dedicated for compatible uses, 
        except that in using such easements the cable operator shall 
        ensure that--
                    ``(A) the safety, functioning, and appearance of 
                the property and the convenience and the safety of 
                other persons not be adversely affected by the 
                installation or construction of facilities necessary 
                for a cable system;
                    ``(B) the cost of the installation, construction, 
                operation, or removal of such facilities be borne by 
                the cable operator or subscriber, or a combination of 
                both; and
                    ``(C) the owner of the property be justly 
                compensated by the cable operator for any damages 
                caused by the installation, construction, operation, or 
                removal of such facilities by the cable operator.
            ``(2) Management of public rights-of-way.--Nothing in this 
        section affects the authority of a State or local government 
        (including a franchising authority) over a person or group in 
        their capacity as a cable operator with a franchise under this 
        section to manage, on a reasonable, competitively neutral, and 
        non-discriminatory basis, the public rights-of-way, and 
        easements that have been dedicated for compatible uses. A State 
        or local government (including a franchising authority) may, on 
        a reasonable, competitively neutral, and non-discriminatory 
        basis--
                    ``(A) impose charges for such management; and
                    ``(B) require compliance with such management, such 
                charges, and paragraphs (1)(A), (B), and (C).
    ``(g) Consumer Protection and Customer Service.--
            ``(1) National standards.--Notwithstanding section 632(d), 
        no State or local law (including any regulation) shall impose 
        on a cable operator franchised under this section any consumer 
        protection or customer service requirements other than consumer 
        protection or customer service requirements of general 
        applicability.
            ``(2) Proceeding.--Within 120 days after the date of 
        enactment of this section, the Commission shall issue a report 
        and order that updates for cable operators franchised under 
        this section the national consumer protection and customer 
        service rules under section 632(b), taking into consideration 
        the national nature of a franchise under this section and the 
        role of State and local governments in enforcing, but not 
        creating, consumer protection and customer service standards 
        for cable operators franchised under this section.
            ``(3) Requirements of new rules.--
                    ``(A) Such rules shall, in addition to the 
                requirements of section 632(b), address, with 
                specificity, no less than the following consumer 
                protection and customer service issues:
                            ``(i) Billing, billing disputes, and 
                        discontinuation of service, including when and 
                        how any late fees may be assessed (but not the 
                        amount of such fees).
                            ``(ii) Loss of service or service quality.
                            ``(iii) Changes in channel lineups or other 
                        cable services and features.
                            ``(iv) Availability of parental control 
                        options.
                    ``(B) The Commission's revised consumer protection 
                rules shall provide for forfeiture penalties, or 
                customer rebates, refunds or credits, or both, and 
                shall establish forfeiture, rebate, refund, and credit 
                guidelines with respect to violations of such rules. 
                Such guidelines shall--
                            ``(i) provide for increased forfeiture 
                        penalties for repeated violations of the 
                        standards in such rules; and
                            ``(ii) establish procedures by which any 
                        forfeiture penalty assessed by the Commission 
                        under this subsection shall be paid by the 
                        cable operator directly to the franchising 
                        authority affected by the violation.
            ``(4) Complaints.--
                    ``(A) In general.--Any person may file a complaint 
                with respect to an alleged violation of the 
                Commission's revised consumer protection rules in a 
                franchise area by a cable operator franchised under 
                this section--
                            ``(i) with the franchising authority in 
                        such area; or
                            ``(ii) with the Commission.
                    ``(B) Local franchising authority procedure.--On 
                its own motion or at the request of any person, a 
                franchising authority for a franchise area may--
                            ``(i) initiate its own complaint proceeding 
                        with respect to such an alleged violation; or
                            ``(ii) file a complaint with the Commission 
                        regarding such an alleged violation.
                    ``(C) Timing.--The Commission or the franchising 
                authority conducting a proceeding under this paragraph 
                shall render a decision on any complaint filed under 
                this paragraph within 90 days of its filing.
            ``(5) Local franchising orders.--
                    ``(A) Requiring compliance.--In a proceeding 
                commenced by a franchising authority, a franchising 
                authority may issue an order requiring compliance with 
                the Commission's revised consumer protection rules, but 
                a franchising authority may not create any new standard 
                or regulation, or expand upon or modify the 
                Commission's revised consumer protection rules.
                    ``(B) Access to records.--In such a proceeding, the 
                franchising authority may issue an order requiring the 
                filing of any data, documents, or records (including 
                any contract, agreement, or arrangement between the 
                subscriber and the cable operator) that are directly 
                related to the alleged violation.
                    ``(C) Cost of franchising authority orders.--A 
                franchising authority may charge a cable operator 
                franchised under this section a nominal fee to cover 
                the costs of issuing orders under this paragraph.
            ``(6) Commission remedies; appeals.--
                    ``(A) Remedies.--An order of a franchising 
                authority under this subsection shall be enforced by 
                the Commission under this Act if--
                            ``(i) the order is not appealed to the 
                        Commission;
                            ``(ii) the Commission does not agree to 
                        grant review during the 30-day period described 
                        in subparagraph (B); or
                            ``(iii) the order is sustained on appeal by 
                        the Commission.
                    ``(B) Appeals.--Any party may file a notice of 
                appeal of an order of a franchising authority under 
                this subsection with the Commission, and shall transmit 
                a copy of such notice to the other parties to the 
                franchising authority proceeding. Such appeal shall be 
                deemed denied at the end of the 30-day period beginning 
                on the date of the filing unless the Commission agrees 
                within such period to grant review of the appeal.
                    ``(C) Timing.--After the filing of a notice of 
                appeal under subparagraph (B), if such notice is not 
                denied by operation of such subparagraph, the 
                Commission shall render a decision within 90 days of 
                such filing.
            ``(7) Annual report.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, and annually 
                thereafter, the Commission shall submit a report to the 
                Committee on Energy and Commerce of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate on the implementation 
                of this subsection, including the following:
                            ``(i) The number of complaints filed with 
                        franchising authorities under clause (4)(A)(i).
                            ``(ii) Any trends concerning complaints, 
                        such as increases in the number of particular 
                        types of complaints or in new types of 
                        complaints.
                            ``(iii) The timeliness of the response of 
                        such franchising authorities and the results of 
                        the complaints filed with such franchising 
                        authorities, if not appealed to the Commission.
                            ``(iv) The number of complaints filed with 
                        the Commission under clause (4)(A)(ii).
                            ``(v) The number of appeals filed with the 
                        Commission under paragraph (6)(B) and the 
                        number of such appeals which the Commission 
                        agreed to hear.
                            ``(vi) The timeliness of the Commission's 
                        responses to such complaints and appeals.
                            ``(vii) The results of such complaints and 
                        appeals filed with the Commission.
                    ``(B) Submission of information by franchising 
                authorities.--The Commission may request franchising 
                authorities to submit information about the complaints 
                filed with the franchising authorities under 
                subparagraph (4)(A)(i), including the number of such 
                complaints and the timeliness of the response and the 
                results of such complaints.
            ``(8) Definition.--For purposes of this subsection, the 
        term `Commission's revised consumer protection rules' means the 
        national consumer protection and customer service rules under 
        section 632(b) as revised by the Commission pursuant to 
        paragraph (2) of this subsection.
    ``(h) Antidiscrimination.--
            ``(1) Prohibition.--A cable operator with a national 
        franchise under this section to provide cable service in a 
        franchise area shall not deny access to its cable service to 
        any group of potential residential cable service subscribers in 
        such franchise area because of the income of that group.
            ``(2) Enforcement.--
                    ``(A) Complaint.--If a franchising authority in a 
                franchise area has reasonable cause to believe that a 
                cable operator is in violation of this subsection with 
                respect to such franchise area, the franchising 
                authority may, after complying with subparagraph (B), 
                file a complaint with the Commission alleging such 
                violation.
                    ``(B) Notice by franchising authority.--Before 
                filing a complaint with the Commission under 
                subparagraph (A), a franchising authority--
                            ``(i) shall give notice of each alleged 
                        violation to the cable operator;
                            ``(ii) shall provide a period of not less 
                        than 30 days for the cable operator to respond 
                        to such allegations; and
                            ``(iii) during such period, may require the 
                        cable operator to submit a written response 
                        stating the reasons why the operator has not 
                        violated this subsection.
                    ``(C) Biannual report.--A cable operator with a 
                national franchise under this section for a franchise 
                area, not later than 180 days after the effective date 
                of such national franchise, and biannually thereafter, 
                shall submit a report to the Commission and the 
                franchising authority in the franchise area--
                            ``(i) identifying the geographic areas in 
                        the franchise area where the cable operator 
                        offers cable service; and
                            ``(ii) describing the cable operator's 
                        progress in extending cable service to other 
                        areas in the franchise area.
                    ``(D) Notice by commission.--Upon receipt of a 
                complaint under this paragraph alleging a violation of 
                this subsection by a cable operator, the Commission 
                shall give notice of the complaint to the cable 
                operator.
                    ``(E) Investigation.--In investigating a complaint 
                under this paragraph, the Commission may require a 
                cable operator to disclose to the Commission such 
                information and documents as the Commission deems 
                necessary to determine whether the cable operator is in 
                compliance with this subsection. The Commission shall 
                maintain the confidentiality of any information or 
                document collected under this subparagraph.
                    ``(F) Deadline for resolution of complaints.--Not 
                more than 60 days after the Commission receives a 
                complaint under this paragraph, the Commission shall 
                issue a determination with respect to each violation 
                alleged in the complaint.
                    ``(G) Determination.--If the Commission determines 
                (in response to a complaint under this paragraph or on 
                its own initiative) that a cable operator with a 
                franchise under this section to provide cable service 
                in a franchise area has denied access to its cable 
                service to a group of potential residential cable 
                service subscribers in such franchise area because of 
                the income of that group, the Commission shall ensure 
                that the cable operator extends access to that group 
                within a reasonable period of time.
                    ``(H) Remedies.--
                            ``(i) In general.--This subsection shall be 
                        enforced by the Commission under titles IV and 
                        V.
                            ``(ii) Maximum forfeiture penalty.--For 
                        purposes of section 503, the maximum forfeiture 
                        penalty applicable to a violation of this 
                        subsection shall be $750,000 for each day of 
                        the violation.
                            ``(iii) Payment of penalties to franchising 
                        authority.--The Commission shall order any 
                        cable operator subject to a forfeiture penalty 
                        under this subsection to pay the penalty 
                        directly to the franchising authority involved.
    ``(i) Child Pornography.--Not later than 180 days after the date of 
enactment of this section, the Commission shall promulgate regulations 
to require a cable operator with a national franchise under this 
section to prevent the distribution of child pornography (as such term 
is defined in section 254(h)(7)(F)) over its network.
    ``(j) Leased Access.--The provisions of section 612(i) regarding 
the carriage of programming from a qualified minority programming 
source or from any qualified educational programming source shall apply 
to a cable operator franchised under this section to provide cable 
service in a franchise area.
    ``(k) Applicability of Other Provisions.--The provisions of this 
title that apply to a cable operator shall apply in a franchise area to 
a person or group with a national franchise under this section to 
provide cable service in such franchise area, except that the following 
sections shall not apply in a franchise area to a person or group 
franchised under this section in such franchise area, or confer any 
authority to regulate or impose obligations on such person or group in 
such franchise area: Sections 611(a), 611(b), 611(c), 613(a), 617, 621 
(other than subsections (b)(3)(A), (b)(3)(B), (b)(3)(C), and (c)), 
624(b), 624(c), 624(h), 625, 626, 627, and 632(a).
    ``(l) Emergency Alerts.--Nothing in this section shall be construed 
to prohibit a State or local government from accessing the emergency 
alert system of a cable operator with a franchise under this section in 
the area served by the State or local government to transmit local or 
regional emergency alerts.
    ``(m) Reporting, Records, and Audits.--
            ``(1) Reporting.--A cable operator with a franchise under 
        this section to provide cable service in a franchise area shall 
        make such periodic reports to the Commission and the 
        franchising authority for such franchise area as the Commission 
        may require to verify compliance with the fee obligations of 
        subsections (c)(1) and (e)(2).
            ``(2) Availability of books and records.--Upon request 
        under paragraph (3) by a franchising authority for a franchise 
        area, and upon request by the Commission, a cable operator with 
        a national franchise for such franchise area shall make 
        available its books and records to periodic audit by such 
        franchising authority or the Commission, respectively.
            ``(3) Franchising authority audit procedure.--A franchising 
        authority may, upon reasonable written request, but no more 
        than once in any 12-month period, review the business records 
        of such cable operator to the extent reasonably necessary to 
        ensure payment of the fees required by subsections (c)(1) and 
        (e)(2). Such review may include the methodology used by such 
        cable operator to assign portions of the revenue from cable 
        service that may be bundled or functionally integrated with 
        other services, capabilities, or applications. Such review 
        shall be conducted in accordance with procedures established by 
        the Commission.
            ``(4) Cost recovery.--
                    ``(A) To the extent that the review under paragraph 
                (3) identifies an underpayment of an amount meeting the 
                minimum percentage specified in subparagraph (B) of the 
                fee required under subsection (c)(1) or (e)(2) for the 
                period of review, the cable operator shall reimburse 
                the franchising authority the reasonable costs of any 
                such review conducted by an independent third party, as 
                determined by the Commission, with respect to such fee. 
                The costs of any contingency fee arrangement between 
                the franchising authority and the independent reviewer 
                shall not be subject to reimbursement.
                    ``(B) The Commission shall determine by rule the 
                minimum percentage underpayment that requires cost 
                reimbursement under subparagraph (A).
            ``(5) Limitation.--Any fee that is not reviewed by a 
        franchising authority within 3 years after it is paid or 
        remitted shall not be subject to later review by the 
        franchising authority under this subsection and shall be deemed 
        accepted in full payment by the franchising authority.
            ``(6) Fee dispute resolution.--
                    ``(A) Complaint.--A franchising authority or a 
                cable operator may file a complaint at the Commission 
                to resolve a dispute between such authority and 
                operator with respect to the amount of any fee required 
                under subsection (c)(1) or (e)(2) if--
                            ``(i) the franchising authority or the 
                        cable operator provides the other entity 
                        written notice of such dispute; and
                            ``(ii) the franchising authority and the 
                        cable operator have not resolved the dispute 
                        within 90 calendar days after receipt of such 
                        notice.
                    ``(B) Meetings.--Within 30 calendar days after 
                receipt of notice of a dispute provided pursuant to 
                subparagraph (A)(i), representatives of the franchising 
                authority and the cable operator, with authority to 
                resolve the dispute, shall meet to attempt to resolve 
                the dispute.
                    ``(C) Limitation.--A complaint under subparagraph 
                (A) shall be filed not later than 3 years after the end 
                of the period to which the disputed amount relates, 
                unless such time is extended by written agreement 
                between the franchising authority and cable operator.
                    ``(D) Resolution.--The Commission shall issue an 
                order resolving any complaint filed under subparagraph 
                (A) within 90 days of filing.
    ``(n) Access to Programming for Shared Facilities.--
            ``(1) Prohibition.--A cable programming vendor in which a 
        cable operator has an attributable interest shall not deny a 
        cable operator with a national franchise under this section 
        access to video programming solely because such cable operator 
        with a national franchise uses a headend for its cable system 
        that is also used, under a shared ownership or leasing 
        agreement, as the headend for another cable system.
            ``(2) Definition.--The term `cable programming vendor' 
        means a person engaged in the production, creation, or 
        wholesale distribution for sale of video programming which is 
        primarily intended for the direct receipt by cable operators 
        for their retransmission to cable subscribers.
    ``(o) Gross Revenues.--As used in this section:
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        term `gross revenues' means all consideration of any kind or 
        nature, including cash, credits, property, and in-kind 
        contributions (services or goods) received by the cable 
        operator from the provision of cable service within the 
        franchise area.
            ``(2) Included items.--Subject to paragraph (3), the term 
        `gross revenues' shall include the following:
                    ``(A) all charges and fees paid by subscribers for 
                the provision of cable service, including fees 
                attributable to cable service when sold individually or 
                as part of a package or bundle, or functionally 
                integrated, with services other than cable service;
                    ``(B) any franchise fee imposed on the cable 
                operator that is passed on to subscribers;
                    ``(C) compensation received by the cable operator 
                for promotion or exhibition of any products or services 
                over the cable service, such as on `home shopping' or 
                similar programming;
                    ``(D) revenue received by the cable operator as 
                compensation for carriage of video programming or other 
                programming service on that operator's cable service;
                    ``(E) all revenue derived from the cable operator's 
                cable service pursuant to compensation arrangements for 
                advertising; and
                    ``(F) any advertising commissions paid to an 
                affiliated third party for cable services advertising.
            ``(3) Excluded items.--The term `gross revenues' shall not 
        include the following:
                    ``(A) any revenue not actually received, even if 
                billed, such as bad debt net of any recoveries of bad 
                debt;
                    ``(B) refunds, rebates, credits, or discounts to 
                subscribers or a municipality to the extent not already 
                offset by subparagraph (A) and to the extent such 
                refund, rebate, credit, or discount is attributable to 
                the cable service;
                    ``(C) subject to paragraph (4), any revenues 
                received by the cable operator or its affiliates from 
                the provision of services or capabilities other than 
                cable service, including telecommunications services, 
                Internet access services, and services, capabilities, 
                and applications that may be sold as part of a package 
                or bundle, or functionally integrated, with cable 
                service;
                    ``(D) any revenues received by the cable operator 
                or its affiliates for the provision of directory or 
                Internet advertising, including yellow pages, white 
                pages, banner advertisement, and electronic publishing;
                    ``(E) any amounts attributable to the provision of 
                cable service to customers at no charge, including the 
                provision of such service to public institutions 
                without charge;
                    ``(F) any tax, fee, or assessment of general 
                applicability imposed on the customer or the 
                transaction by a Federal, State, or local government or 
                any other governmental entity, collected by the 
                provider, and required to be remitted to the taxing 
                entity, including sales and use taxes and utility user 
                taxes;
                    ``(G) any forgone revenue from the provision of 
                cable service at no charge to any person, except that 
                any forgone revenue exchanged for trades, barters, 
                services, or other items of value shall be included in 
                gross revenue;
                    ``(H) sales of capital assets or surplus equipment;
                    ``(I) reimbursement by programmers of marketing 
                costs actually incurred by the cable operator for the 
                introduction of new programming; and
                    ``(J) the sale of cable services for resale to the 
                extent the purchaser certifies in writing that it will 
                resell the service and pay a franchise fee with respect 
                thereto.
            ``(4) Functionally integrated services.--In the case of a 
        cable service that is bundled or integrated functionally with 
        other services, capabilities, or applications, the portion of 
        the cable operator's revenue attributable to such other 
        services, capabilities, or applications shall be included in 
        gross revenue unless the cable operator can reasonably identify 
        the division or exclusion of such revenue from its books and 
        records that are kept in the regular course of business.
            ``(5) Affiliate revenue.--Revenue of an affiliate shall be 
        included in the calculation of gross revenues to the extent the 
        treatment of such revenue as revenue of the affiliate has the 
        effect (whether intentional or unintentional) of evading the 
        payment of franchise fees which would otherwise be paid for 
        cable service.
            ``(6) Affect on other law.--Nothing in this section is 
        intended to limit a franchising authority's rights pursuant to 
        section 622(h).
    ``(p) Additional Definitions.--For purposes of this section:
            ``(1) Cable operator.--The term `cable operator' has the 
        meaning provided in section 602(5) except that such term also 
        includes a person or group with a national franchise under this 
        section.
            ``(2) Franchise fee.--
                    ``(A) The term `franchise fee' includes any fee or 
                assessment of any kind imposed by a franchising 
                authority or other governmental entity on a person or 
                group providing cable service in a franchise area under 
                this section, or on a subscriber of such person or 
                group, or both, solely because of their status as such.
                    ``(B) The term `franchise fee' does not include--
                            ``(i) any tax, fee, or assessment of 
                        general applicability (including any such tax, 
                        fee, or assessment imposed on both utilities 
                        and a person or group providing cable service 
                        in a franchise area under this section (or the 
                        services of such person or group) but not 
                        including a fee or assessment which is unduly 
                        discriminatory against such person or group or 
                        the subscribers of such person or group);
                            ``(ii) any fee assessed under subsection 
                        (e)(2) for support of public, educational, and 
                        governmental use and institutional networks (as 
                        such term is defined in section 611(f));
                            ``(iii) requirements or charges under 
                        subsection (f)(2) for the management of public 
                        rights-of-way, including payments for bonds, 
                        security funds, letters of credit, insurance, 
                        indemnification, penalties, or liquidated 
                        damages; or
                            ``(iv) any fee imposed under title 17, 
                        United States Code.
            ``(3) Internet access service.--The term `Internet access 
        service' means a service that enables users to access content, 
        information, electronic mail, or other services offered over 
        the Internet.
            ``(4) Unit of general local government.--The term `unit of 
        general local government' means--
                    ``(A) a county, township, city, or political 
                subdivision of a county, township, or city;
                    ``(B) the District of Columbia; or
                    ``(C) the recognized governing body of an Indian 
                tribe or Alaskan Native village that carries out 
                substantial governmental duties and powers.''.
    (b) Implementing Regulations.--The Federal Communications 
Commission shall prescribe regulations to implement the amendment made 
by subsection (a) within 120 days after the date of enactment of this 
Act.

SEC. 102. DEFINITIONS.

     Section 602 of the Communications Act of 1934 (47 U.S.C. 522) is 
amended--
            (1) in paragraph (4), by inserting before the semicolon at 
        the end the following: ``, or its equivalent as determined by 
        the Commission'';
            (2) in paragraph (5)(A), by inserting ``(regardless of 
        whether such person or group provides such service separately 
        or combined with a telecommunications service or information 
        service)'' after ``over a cable system'';
            (3) by striking paragraph (6) and inserting the following:
            ``(6) the term `cable service' means--
                    ``(A)(i) the one-way transmission to subscribers of 
                (I) video programming, or (II) other programming 
                service; and
                    ``(ii) subscriber interaction, if any, which is 
                required for the selection or use of such video 
                programming or other programming service; or
                    ``(B) the transmission to subscribers of video 
                programming or other programming service provided 
                through wireline facilities located at least in part in 
                the public rights-of-way, without regard to delivery 
                technology, including Internet protocol technology, 
                except to the extent that such video programming or 
                other programming service is provided as part of--
                            ``(i) a commercial mobile service (as such 
                        term is defined in section 332(d)); or
                            ``(ii) an Internet access service (as such 
                        term is defined in section 630(p));'';
            (4) in paragraph (7)(D), by inserting after ``section 653 
        of this title'' the following; ``except in a franchise area in 
        which such system is used to provide cable service under a 
        national franchise pursuant to section 630'';
            (5) in paragraph (9)--
                    (A) by inserting ``(A)'' after ``means''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``; and (B) a national franchise that is 
                effective under section 630 on the basis of a 
                certification with the Commission''; and
            (6) in paragraph (10), by inserting before the semicolon at 
        the end the following: ``, but does not include the Commission 
        with respect to a national franchise under section 630''.

SEC. 103. MONITORING AND REPORTING.

    (a) Report on Cable Service Deployment.--The Federal Communications 
Commission shall, commencing not later than one year after the date of 
enactment of this Act, issue a report annually on the deployment of 
cable service pursuant to the amendments made by this title. In its 
report, the Commission shall describe in detail--
            (1) with respect to deployment by new cable operators--
                    (A) the progress of deployment of such service 
                within the telephone service area of cable operators, 
                if the operator is also an incumbent local exchange 
                carrier, including a comparison with the progress of 
                deployment of broadband services not defined as cable 
                services within such telephone service area;
                    (B) the number of franchise areas in which such 
                service is being deployed and offered;
                    (C) where such service is not being deployed and 
                offered; and
                    (D) the number and locations of franchise areas in 
                which the cable operator is serving only a portion of 
                the franchise area, and the extent of such service 
                within the franchise area;
            (2) the number and locations of franchise areas in which a 
        cable operator with a franchise under section 621 of the 
        Communications Act of 1934 (47 U.S.C. 541) on the date of 
        enactment of this Act withdraws service from any portion of the 
        franchise area for which it previously offered service, and the 
        extent of such withdrawal of service within the franchise area;
            (3) the rates generally charged for cable service;
            (4) the rates charged by overlapping, competing 
        multichannel video programming distributors and by competing 
        cable operators for comparable service or cable service;
            (5) the average household income of those franchise areas 
        or portions of franchise areas where cable services is being 
        offered, and the average household income of those franchise 
        areas, or portions of franchise areas, where cable service is 
        not being offered;
            (6) the proportion of rural households to urban households, 
        as defined by the Bureau of the Census, in those franchise 
        areas or portions of franchise areas where cable service is 
        being offered, and the proportion of rural households to urban 
        households in those franchise areas or portions of franchise 
        areas where cable service is not being offered, including a 
        State-by-State breakdown of such data and a comparison with the 
        overall ratio of rural and urban households in each State; and
            (7) a comparison of the services and rates in areas served 
        by national franchisees under section 630 of the Communications 
        Act of 1934 (as added by section 101 of this Act) and the 
        services and rates in other areas.
    (b) Cable Operator Reports.--The Federal Communications Commission 
is authorized--
            (1) to require cable operators to report to the Commission 
        all of the information that the Commission needs to compile the 
        report required by this section; and
            (2) to require cable operators to file the same information 
        with the relevant franchising authorities and State 
        commissions.

SEC. 104. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall affect 
the application or interpretation of section 224 of the Communications 
Act of 1934 (47 U.S.C. 224).

          TITLE II--ENFORCEMENT OF BROADBAND POLICY STATEMENT

SEC. 201. ENFORCEMENT OF BROADBAND POLICY STATEMENT.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) 
is amended by adding at the end the following new section:

``SEC. 715. ENFORCEMENT OF BROADBAND POLICY STATEMENT.

    ``(a) Authority.--The Commission shall have the authority to 
enforce the Commission's broadband policy statement and the principles 
incorporated therein.
    ``(b) Enforcement.--
            ``(1) In general.--This section shall be enforced by the 
        Commission under titles IV and V. A violation of the 
        Commission's broadband policy statement or the principles 
        incorporated therein shall be treated as a violation of this 
        Act.
            ``(2) Maximum forfeiture penalty.--For purposes of section 
        503, the maximum forfeiture penalty applicable to a violation 
        described in paragraph (1) of this subsection shall be $500,000 
        for each violation.
            ``(3) Adjudicatory authority.--The Commission shall have 
        exclusive authority to adjudicate any complaint alleging a 
        violation of the broadband policy statement and the principles 
        incorporated therein. The Commission shall complete an 
        adjudicatory proceeding under this subsection not later than 90 
        days after receipt of the complaint. If, upon completion of an 
        adjudicatory proceeding pursuant to this section, the 
        Commission determines that such a violation has occurred, the 
        Commission shall have authority to adopt an order to require 
        the entity subject to the complaint to comply with the 
        broadband policy statement and the principles incorporated 
        therein. Such authority shall be in addition to the authority 
        specified in paragraph (1) to enforce this section under titles 
        IV and V. In addition, the Commission shall have authority to 
        adopt procedures for the adjudication of complaints alleging a 
        violation of the broadband policy statement or principles 
        incorporated therein.
            ``(4) Limitation.--Notwithstanding paragraph (1), the 
        Commission's authority to enforce the broadband policy 
        statement and the principles incorporated therein does not 
        include authorization for the Commission to adopt or implement 
        rules or regulations regarding enforcement of the broadband 
        policy statement and the principles incorporated therein, with 
        the sole exception of the authority to adopt procedures for the 
        adjudication of complaints, as provided in paragraph (3).
    ``(c) Study.--Within 180 days after the date of enactment of this 
section, the Commission shall conduct, and submit to the House 
Committee on Energy and Commerce and the Senate Committee on Commerce, 
Science, and Transportation, a study regarding whether the objectives 
of the broadband policy statement and the principles incorporated 
therein are being achieved.
    ``(d)(1) Rule of Construction.--Nothing in this section shall be 
construed to modify, impair, or supersede the applicability of the 
antitrust laws or the jurisdiction of the district courts of the United 
States to hear claims arising under the antitrust laws.
    ``(2) Definition of Antitrust Laws.--The term `antitrust laws' has 
the meaning given it in subsection (a) of the first section of the 
Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 
of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that 
such section 5 applies to unfair methods of competition.
    ``(e) Definition.--For purposes of this section, the term 
`Commission's broadband policy statement' means the policy statement 
adopted on August 5, 2005, and issued on September 23, 2005, In the 
Matters of Appropriate Framework for Broadband Access to the Internet 
over Wireline Facilities, and other Matters (FCC 05-151; CC Docket No. 
02-33; CC Docket No. 01-337; CC Docket Nos. 95-20, 98-10; GN Docket No. 
00-185; CS Docket No. 02-52).''.

                          TITLE III--VOIP/911

SEC. 301. EMERGENCY SERVICES; INTERCONNECTION.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) 
is further amended by adding after section 715 (as added by section 201 
of this Act) the following new sections:

``SEC. 716. EMERGENCY SERVICES.

    ``(a) 911 and E-911 Services.--
            ``(1) In general.--Each VOIP service provider has a duty to 
        ensure that 911 and E-911 services are provided to subscribers 
        of VOIP services.
            ``(2) Use of existing regulations.--A VOIP service provider 
        that complies with the Commission's regulations requiring 
        providers of VOIP service to supply 911 and E911 capabilities 
        to their customers (Report and Order in WC Docket Nos. 04-36 
        and 05-196) and that are in effect on the date of enactment of 
        this section shall be considered to be in compliance with the 
        requirements of this section, other than subsection (c), until 
        such regulations are modified or superseded by subsequent 
        regulations.
    ``(b) Non-Discriminatory Access to Capabilities.--
            ``(1) Access.--Each incumbent local exchange carrier (as 
        such term is defined in section 251(h)) or government entity 
        with ownership or control of the necessary E-911 infrastructure 
        shall provide any requesting VOIP service provider with 
        nondiscriminatory access to such infrastructure. Such carrier 
        or entity shall provide access to the infrastructure at just 
        and reasonable, nondiscriminatory rates, terms, and conditions. 
        Such access shall be consistent with industry standards 
        established by the National Emergency Number Association or 
        other applicable industry standards organizations.
            ``(2) Enforcement.--The Commission or a State commission 
        may enforce the requirements of this subsection and the 
        Commission's regulations thereunder. A VOIP service provider 
        may obtain access to such infrastructure pursuant to section 
        717 by asserting the rights described in such section.
    ``(c) New Customers.--A VOIP service provider shall make 911 
service available to new customers within a reasonable time in 
accordance with the following requirements:
            ``(1) Connection to selective router.--For all new 
        customers not within the geographic areas where a VOIP service 
        provider can immediately provide 911 service to the 
        geographically appropriate PSAP, a VOIP service provider, or 
        its third party vendor, shall have no more than 30 days from 
        the date the VOIP provider has acquired a customer to order 
        service providing connectivity to the selective router so that 
        911 service, or E911 service where the PSAP is capable of 
        receiving and processing such information, can be provided 
        through the selective router.
            ``(2) Interim service.--For all new customers not within 
        the geographic areas where the VOIP service provider can 
        immediately provide 911 service to the geographically 
        appropriate PSAP, a VOIP service provider shall provide 911 
        service through--
                    ``(A) an arrangement mutually agreed to by the VOIP 
                service provider and the PSAP or PSAP governing 
                authority; or
                    ``(B) an emergency response center with national 
                call routing capabilities.
        Such service shall be provided 24 hours a day from the date a 
        VOIP service provider has acquired a customer until the VOIP 
        service provider can provide 911 service to the geographically 
        appropriate PSAP.
            ``(3) Notice.--Before providing service to any new customer 
        not within the geographic areas where the VOIP service provider 
        can immediately provide 911 service to the geographically 
        appropriate PSAP, a VOIP service provider shall provide such 
        customer with clear notice that 911 service will be available 
        only as described in paragraph (2).
            ``(4) Restriction on acquisition of new customers.--A VOIP 
        service provider may not acquire new customers within a 
        geographic area served by a selective router if, within 180 
        days of first acquiring a new customer in the area served by 
        the selective router, the VOIP service provider does not 
        provide 911 service, or E911 service where the PSAP is capable 
        of receiving and processing such information, to the 
        geographically appropriate PSAP for all existing customers 
        served by the selective router.
            ``(5) Enforcement: no first warnings.--Paragraph (5) of 
        section 503(b) shall not apply to the assessment of forfeiture 
        penalties for violations of this subsection or the regulations 
        thereunder.
    ``(d) State Authority.--Nothing in this Act or any Commission 
regulation or order shall prevent the imposition on or collection from 
a VOIP service provider, of any fee or charge specifically designated 
or presented as dedicated by a State, political subdivision thereof, or 
Indian tribe on an equitable, and non-discriminatory basis for the 
support of 911 and E-911 services if no portion of the revenue derived 
from such fee or charge is obligated or expended for any purpose other 
than support of 911 and E-911 services or enhancements of such 
services.
    ``(e) Feasibility.--In establishing requirements or obligations 
under subsections (a) and (b), the Commission shall ensure that such 
standards impose requirements or obligations on VOIP service providers 
and entities with ownership or control of necessary E-911 
infrastructure that the Commission determines are technologically and 
operationally feasible. In determining the requirements and obligations 
that are technologically and operationally feasible, the Commission 
shall take into consideration available industry technological and 
operational standards.
    ``(f) Progress Reports.--To the extent that the Commission 
concludes that it is not technologically or operationally feasible for 
VOIP service providers to comply with E-911 requirements or 
obligations, then the Commission shall submit reports to the Committee 
on Energy and Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate on the 
progress in attaining and deploying E-911 service. Such reports shall 
be submitted semiannually until the Commission concludes that it is 
technologically and operationally feasible for all VOIP service 
providers to comply with E-911 requirements and obligations. Such 
reports may include any recommendations the Commission considers 
appropriate to encourage the migration of emergency services to TCP/IP 
protocol or other advanced services.
    ``(g) Access to Information.--The Commission shall have the 
authority to compile a list of PSAP contact information, testing 
procedures, and classes and types of services supported by PSAPs, or 
other information concerning the necessary E-911 infrastructure, for 
the purpose of assisting providers in complying with the requirements 
of this section.
    ``(h) Emergency Routing Number Administrator.--Within 30 days after 
the date of enactment of this section, the Federal Communications 
Commission shall establish an emergency routing number administrator to 
enable VOIP service providers to acquire non-dialable pseudo-automatic 
number identification numbers for 9-1-1 routing purposes on a national 
scale. The Commission may adopt such rules and practices as are 
necessary to guide such administrator in the fair and expeditious 
assignment of these numbers.
    ``(i) Emergency Response Systems.--
            ``(1) Notice prior to installation or number activation of 
        voip service.--Prior to installation or number activation of 
        VOIP service for a customer, a VOIP service provider shall 
        provide clear and conspicuous notice to the customer that--
                    ``(A) such customer should arrange with his or her 
                emergency response system provider, if any, to test 
                such system after installation;
                    ``(B) such customer should notify his or her 
                emergency response system provider after VOIP service 
                is installed; and
                    ``(C) a battery backup is required for customer 
                premises equipment installed in connection with the 
                VOIP service in order for the signaling of such system 
                to function in the event of a power outage.
            ``(2) Definition.--In this subsection:
                    ``(A) The term `emergency response system' means an 
                alarm or security system, or personal security or 
                medical monitoring system, that is connected to an 
                emergency response center by means of a 
                telecommunications carrier or VOIP service provider.
                    ``(B) The term `emergency response center' means an 
                entity that monitors transmissions from an emergency 
                response system.
    ``(j) Migration to IP-Enabled Emergency Network.--
            ``(1) National report.--No more than 18 months after the 
        date of the enactment of this section, the National 911 
        Implementation and Coordination Office shall develop a report 
        to Congress on migrating to a national IP-enabled emergency 
        network capable of receiving and responding to all citizen 
        activated emergency communications.
            ``(2) Contents of report.--The report required by paragraph 
        (1) shall--
                    ``(A) outline the potential benefits of such a 
                migration;
                    ``(B) identify barriers that must be overcome and 
                funding mechanisms to address those barriers;
                    ``(C) include a proposed timetable, an outline of 
                costs and potential savings;
                    ``(D) provide recommendations on specific 
                legislative language,
                    ``(E) provide recommendations on any legislative 
                changes, including updating definitions, to facilitate 
                a national IP-enabled emergency network; and
                    ``(F) assess, collect, and analyze the experiences 
                of the PSAPs and related public safety authorities who 
                are conducting trial deployments of IP-enabled 
                emergency networks as of the date of enactment of this 
                section.
            ``(3) Consultation.--In developing the report required by 
        paragraph (1), the Office shall consult with representatives of 
        the public safety community, technology and telecommunications 
        providers, and others it deems appropriate.
    ``(k) Implementation.--
            ``(1) Deadline.--The Commission shall prescribe regulations 
        to implement this section within 120 days after the date of 
        enactment of this section.
            ``(2) Limitation.--Nothing in this section shall be 
        construed to permit the Commission to issue regulations that 
        require or impose a specific technology or technological 
        standard.
    ``(l) Definitions.--For purposes of this section:
            ``(1) VOIP service.--The term `VOIP service' means a 
        service that--
                    ``(A) provides real-time 2-way voice communications 
                transmitted through customer premises equipment using 
                TCP/IP protocol, or a successor protocol (including 
                when the voice communication is converted to or from 
                TCP/IP protocol by the VOIP service provider and 
                transmitted to the subscriber without use of circuit 
                switching), for a fee or without a fee;
                    ``(B) is offered to the public, or such classes of 
                users as to be effectively available to the public 
                (whether part of a bundle of services or separately); 
                and
                    ``(C) has the capability so that the service can 
                originate traffic to, and terminate traffic from, the 
                public switched telephone network.
            ``(2) VOIP service provider.--The term `VOIP service 
        provider' means any person who provides or offers to provide a 
        VOIP service.
            ``(3) Necessary e-911 infrastructure.--The term `necessary 
        E-911 infrastructure' means the originating trucks to the 
        selective routers, selective routers, databases (including 
        automatic location information databases and master street 
        address guides), trunks, or other related facilities necessary 
        for the delivery and completion of 911 and E-911 calls, or 
        other 911 and E-911 equipment, facilities, databases, 
        interfaces, and related capabilities specified by the 
        Commission.
            ``(4) Non-dialable pseudo-automatic number identification 
        number.--The term `non-dialable pseudo-automatic number 
        identification number' means a number, consisting of the same 
        number of digits as numbers used for automatic number 
        identification, that is not a North American Numbering Plan 
        telephone directory number and that may be used in place of an 
        automatic number identification number to convey special 
        meaning. The special meaning assigned to the non-dialable 
        pseudo-automatic number identification number is determined by 
        nationally standard agreements, or by individual agreements, as 
        necessary, between the system originating the call, 
        intermediate systems handling and routing the call, and the 
        destination system.

``SEC. 717. RIGHTS AND OBLIGATIONS OF VOIP SERVICE PROVIDERS.

    ``(a) In General.--
            ``(1) Facilities-based voip service providers.--A 
        facilities-based VOIP service provider shall have the same 
        rights, duties, and obligations as a requesting 
        telecommunications carrier under sections 251 and 252, if the 
        provider elects to assert such rights.
            ``(2) Voip service providers.--A VOIP service provider that 
        is not a facilities-based VOIP service provider shall have only 
        the same rights, duties, and obligations as a requesting 
        telecommunications carrier under sections 251(b), 251(e), and 
        252, if the provider elects to assert such rights.
            ``(3) Clarifying treatment of voip service.--A 
        telecommunications carrier may use interconnection, services, 
        and network elements obtained pursuant to sections 251 and 252 
        from an incumbent local exchange carrier (as such term is 
        defined in section 251(h)) to exchange VOIP service traffic 
        with such incumbent local exchange carrier regardless of the 
        provider originating such VOIP service traffic, including an 
        affiliate of such telecommunications carrier.
    ``(b) Disabled Access.--A VOIP service provider or a manufacturer 
of VOIP service equipment shall have the same rights, duties, and 
obligations as a telecommunications carrier or telecommunications 
equipment manufacturer, respectively, under sections 225, 255, and 710 
of the Act. Within 1 year after the date of enactment of this Act, the 
Commission, in consultation with the Architectural and Transportation 
Barriers Compliance Board, shall prescribe such regulations as are 
necessary to implement this section. In implementing this subsection, 
the Commission shall consider whether a VOIP service provider or 
manufacturer of VOIP service equipment primarily markets such service 
or equipment as a substitute for telecommunications service, 
telecommunications equipment, customer premises equipment, or 
telecommunications relay services.
    ``(c) Definitions.--For purposes of this section:
            ``(1) Facilities-based voip service provider.--The term 
        `facilities-based VOIP service provider' means an entity that 
        provides VOIP service over a physical facility that terminates 
        at the end user's location and which such entity or an 
        affiliate owns or over which such entity or affiliate has 
        exclusive use. An entity or affiliate shall be considered a 
        facilities-based VOIP service provider only in those geographic 
        areas where such terminating physical facilities are located.
            ``(2) Voip service provider; voip service.--The terms `VOIP 
        service provider' and `VOIP service' have the meanings given 
        such terms by section 716(l).''.

SEC. 302. COMPENSATION AND CONTRIBUTION.

    (a) Rule of Construction.--Nothing in this Act (including the 
amendments made by this Act) shall be construed to exempt a VOIP 
service provider from requirements imposed by the Federal 
Communications Commission or a State commission on all VOIP service 
providers to--
            (1) pay appropriate compensation for the transmission of a 
        VOIP service over the facilities and equipment of another 
        provider; or
            (2) contribute on an equitable and non-discriminatory basis 
        to the preservation and advancement of universal service.
    (b) Definitions.--As used in this section--
            (1) the terms ``VOIP service provider'' and ``VOIP 
        service'' have the meanings given such terms in section 716(h) 
        of the Communications Act of 1934, as added by section 301 of 
        this Act; and
            (2) the term ``State commission'' has the meaning given 
        such term in section 3 of the Communications Act of 1934 (47 
        U.S.C. 153).

               TITLE IV--MUNICIPAL PROVISION OF SERVICES

SEC. 401. GOVERNMENT AUTHORITY TO PROVIDE SERVICES.

    (a) In General.--Neither the Communications Act of 1934 nor any 
State statute, regulation, or other State legal requirement may 
prohibit or have the effect of prohibiting any public provider of 
telecommunications service, information service, or cable service (as 
such terms are defined in sections 3 and 602 of such Act) from 
providing such services to any person or entity.
    (b) Competition Neutrality.--Any State or political subdivision 
thereof, or any agency, authority, or instrumentality of a State or 
political subdivision thereof, that is, owns, controls, or is otherwise 
affiliated with a public provider of telecommunications service, 
information service, or cable service shall not grant any preference or 
advantage to any such provider. Such entity shall apply its ordinances, 
rules, and policies, including those relating to the use of public 
rights-of-way, permitting, performance bonding, and reporting without 
discrimination in favor of any such provider as compared to other 
providers of such services.
    (c) Compliance With Other Laws not Affected.--Nothing in this 
section shall exempt a public provider from any law or regulation that 
applies to providers of telecommunications service, information 
service, or cable service.
    (d) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Federal Communications Commission shall submit to the 
Congress a report on the status of the provision of telecommunications 
service, information service, and cable service by States and political 
subdivisions thereof.
    (e) Definition of Public Provider.--For purposes of this section, 
the term ``public provider'' means a State or political subdivision 
thereof, or any agency, authority, or instrumentality of a State or 
political subdivision thereof, that provides telecommunications 
service, information service, or cable service, or any entity that is 
owned, controlled, or is otherwise affiliated with such State or 
political subdivision thereof, or agency, authority, or instrumentality 
of a State or political subdivision thereof.

                       TITLE V--BROADBAND SERVICE

SEC. 501. STAND-ALONE BROADBAND SERVICE.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) 
is further amended by adding after section 717 (as added by section 301 
of this Act) the following new section:

``SEC. 718. STAND-ALONE BROADBAND SERVICE.

    ``(a) Prohibition.--A broadband service provider shall not require 
a subscriber, as a condition on the purchase of any broadband service 
the provider offers, to purchase any cable service, telecommunications 
service, or VOIP service offered by the provider.
    ``(b) Definitions.--In this section:
            ``(1) The term `broadband service' means a two-way 
        transmission service that connects to the Internet and 
        transmits information at an average rate of at least 200 
        kilobits per second in at least one direction.
            ``(2) The term `broadband service provider' means a person 
        or entity that controls, operates, or resells and controls any 
        facility used to provide broadband service to the public, by 
        whatever technology and whether provided for a fee, in exchange 
        for an explicit benefit, or for free.
            ``(3) The term `VOIP service' has the meaning given such 
        term by section 716(l).''.

SEC. 502. STUDY OF INTERFERENCE POTENTIAL OF BROADBAND OVER POWER LINE 
              SYSTEMS.

    Within 90 days after the date of enactment of this Act, the Federal 
Communications Commission shall conduct, and submit to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate, a study of the 
interference potential of broadband over power line systems.

                      TITLE VI--SEAMLESS MOBILITY

SEC. 601. DEVELOPMENT OF SEAMLESS MOBILITY.

    (a) Streamlined Review.--
            (1) The Commission shall further the development of 
        seamless mobility.
            (2) Within 120 days after the date of enactment of this 
        Act, the Commission shall implement a process for streamlined 
        review and authorization of multi-mode devices that permit 
        communication across multiple Internet protocol-enabled 
        broadband platforms, facilities, and networks.
    (b) Study.--The Commission shall undertake an inquiry to identify 
barriers to the achievement of seamless mobility. Within 180 days after 
the date of enactment of this Act, the Commission shall report to the 
Congress on its findings and its recommendations for steps to eliminate 
those barriers.
    (c) Definitions.--For purposes of this section, the term ``seamless 
mobility'' means the ability of a communications device to select 
between and utilize multiple Internet protocol-enabled technology 
platforms, facilities, and networks in a real-time manner to provide a 
unified service.

            Passed the House of Representatives June 8, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 5252

_______________________________________________________________________

                                 AN ACT

     To promote the deployment of broadband networks and services.