[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5252 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5252
To promote the deployment of broadband networks and services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2006
Mr. Barton of Texas (for himself, Mr. Rush, Mr. Upton, Mr. Pickering,
Mr. Stearns, Mr. Buyer, Mrs. Blackburn, Mr. Gillmor, Mr. Shadegg, Mr.
Radanovich, Mr. Rogers of Michigan, Mr. Ferguson, Mr. Norwood, Mr.
Whitfield, Mr. Shimkus, Mrs. Myrick, and Mr. Burgess) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
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.
TITLE II--ENFORCEMENT OF BROADBAND POLICY STATEMENT
Sec. 201. Enforcement of broadband policy statement.
TITLE III--VOIP/911
Sec. 301. Emergency services; interconnection.
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 intends 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 contiguous geographic area that
covers the entirety of the jurisdiction of a
unit of general local government, except that--
``(I) if the geographic area within
the jurisdiction of such unit of
general local government contains 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 contiguous
geographic area identified in the
certification under this clause as a
franchise area shall not include the
area contained in the franchise area of
such cable operator; and
``(II) if such contiguous
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 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 under
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) and
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 that
files 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.
``(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 definition of
gross revenues 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 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 all subscribers receive any
public, educational, or governmental programming
carried by the cable operator within the subscriber's
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 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
Act 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) Such rules shall require forfeiture penalties
or customer rebates, or both, as determined by the
Commission, that may be imposed for violations of such
Commission rules in a franchise area, and shall provide
for increased forfeiture penalties or customer rebates,
or both, for repeated violations of the standards in
such rules.
``(C) The Commission's rules shall also 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.
``(D) The Commission shall report to the Congress
no less than once a year--
``(i) on complaints filed, and penalties
imposed, under this subsection; and
``(ii) on any new consumer protection or
customer service issues arising under this
subsection.
``(E) The Commission's rules established under this
subsection shall be revised as needed.
``(4) Complaints.--Any person may file a complaint with
respect to a violation of the regulations prescribed under
section 632(b) in a franchise area by a cable operator
franchised under this section--
``(A) with the franchising authority in such area;
or
``(B) with the Commission.
``(5) Local franchising orders requiring compliance.--In a
proceeding commenced with a franchising authority on such a
complaint, a franchising authority may issue an order requiring
compliance with any of such regulations prescribed by the
Commission, but a franchising authority may not create any new
standard or regulation, or expand upon or modify the
Commission's standards or regulations.
``(6) Access to records.--In such a proceeding, the
franchising authority may issue an order requiring the filing
of any contract, agreement, or arrangement between the
subscriber and the provider, or any other data, documents, or
records, directly related to the alleged violation.
``(7) Commission remedies; appeals.--Unless appealed to the
Commission, an order of a franchising authority under this
subsection shall be enforced by the Commission. Any such appeal
shall be resolved by the Commission within 30 days after
receipt of the appeal by the Commission.
``(8) Cost of franchising authority orders.--A franchising
authority may charge a provider of cable service under this
section a nominal fee to cover the costs of issuing such
orders.
``(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 $500,000 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 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: 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 Act 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 subsections (c)(1) and (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.
``(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
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''; and
(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)).''.
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. 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.
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) 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;
``(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 selective routers, selective
router databases, automatic location information databases,
master street address guides, trunk lines between selective
routers and PSAPs, trunk lines between automatic location
information databases and PSAPs, and 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(j).''.
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(j).''.
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.
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