[Congressional Record Volume 141, Number 93 (Thursday, June 8, 1995)]
[Senate]
[Pages S8043-S8045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

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    THE TELECOMMUNICATIONS COMPETITION AND DEREGULATION ACT OF 1995 
                   COMMUNICATIONS DECENCY ACT OF 1995

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                       DORGAN AMENDMENT NO. 1259

  Mr. DORGAN proposed an amendment to the bill (S. 652) to provide for 
a pro-competitive, deregulatory national policy framework designed to 
accelerate rapidly private sector deployment of advanced 
telecommunications and information technologies and services to all 
Americans by opening all telecommunications markets to competition, and 
for other purposes; as follows:

       On line 24 of page 44, strike the word ``may'' and insert 
     in lieu thereof ``shall''.
                                 ______


                       McCAIN AMENDMENT NO. 1260

  Mr. McCAIN proposed an amendment to the bill S. 652, supra; as 
follows:

       On page 42, strike out line 23 and all that follows through 
     page 43, line 2, and insert in lieu thereof the following:
       ``(j) Congressinal Notification of Universal Service 
     Contributions.--The Commission may not take action to impose 
     universal service contributions under subsection (c), or take 
     action to increase the amount of such contributions, until--
       ``(1) the Commission submits to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Commerce of the House of Representatives a report on the 
     contributions, or increase in such contributions, to be 
     imposed; and
       ``(2) a period of 120 days has elapsed after the date of 
     the submittal of the report.
       ``(k) Effective Date.--This section takes effect on the 
     date of the enactment of the Telecommunications Act of 1995, 
     except for subsections (c), (e), (f), (g), and (j), which 
     shall take effect one year after the date of the enactment of 
     that Act.''.
                                 ______


                 McCAIN (AND OTHERS) AMENDMENT NO. 1261

  Mr. McCAIN (for himself, Mr. Packwood, Mr. Craig, Mr. Kyl, Mr. Gramm, 
Mr. Abraham, Mr. Domenici, Mr. Thomas, Mr. Kempthorne, and Mr. Burns) 
proposed an amendment to the bill S. 652, supra; as follows:

       On page 90, line 6, after ``necessity.'', insert: ``Full 
     implementation of the checklist found in subsection (b)(2) 
     shall be deemed in full satisfaction of the public interest, 
     convenience, and necessity requirement of this 
     subparagraph.''
                                 ______


                       McCAIN AMENDMENT NO. 1262

  Mr. McCAIN proposed an amendment to the bill S. 652, supra; as 
follows:

       Strike section 310 of the Act and renumber the subsequent 
     sections as appropriate.
                                 ______


                 COHEN (AND OTHERS) AMENDMENT NO. 1263

  Mr. COHEN (for himself, Ms. Snowe, Mr. Thurmond, Mrs. Hutchinson, and 
Mr. Leahy) proposed an amendment to bill S. 652, supra; as follows:

       On page 8, between lines 12 and 13, insert the following:
       (15) When devices for achieving access to 
     telecommunications systems have been available directly to 
     consumers on a competitive basis, consumers have enjoyed 
     expanded choice, lower prices, and increased innovation.
       (16) While recognizing the legitimate interest of 
     multichannel video programming distributors to ensure the 
     delivery of services to authorized recipients only, 
     addressable converter boxes should be available to consumers 
     on a competitive basis. The private sector has the expertise 
     to develop and adopt standards that will ensure competition 
     of these devices. When the private sector fails to develop 
     and adopt such standards, the Federal government may play a 
     role by taking transitional actions to ensure competition.
       On page 82, between lines 4 and 5, insert the following:

     SEC. 208. COMPETITIVE AVAILABILITY OF CONVERTER BOXES.

       Part III of title VI (47 U.S.C. 521 et seq.) is amended by 
     inserting after section 624A the following:

     ``SEC. 624B. COMPETITIVE AVAILABILITY OF CONVERTER BOXES.

       ``(a) Availability.--The Commission shall, after notice and 
     opportunity for public comment, adopt regulations to ensure 
     the competitive availability of addressable converter boxes 
     to subscribers of services of multichannel video programming 
     distributors from manufacturers, retailers, and other vendors 
     that are not telecommunications carriers and not affiliated 
     with providers of telecommunications service. Such 
     regulations shall take into account--
       ``(1) the needs of owners and distributors of video 
     programming and information services to ensure system and 
     signal security and prevent theft of the programming or 
     services; and
       ``(2) the need to ensure the further deployment of new 
     technology relating to converter boxes.
       ``(b) Termination of Regulations.--The regulations adopted 
     pursuant to this section shall provide for the termination of 
     such regulations when the Commission determines that there 
     exists a competitive market for multichannel video 
     programming services and addressable converter boxes among 
     manufacturers, retailers, and other vendors that are not 
     telecommunications carriers and not affiliated with providers 
     of telecommunications service.''.
                                 ______


                 DORGAN (AND OTHERS) AMENDMENT NO. 1264

  Mr. DORGAN (for himself, Mr. Simon, Mr. Kerrey, Mr. Reid, and Mr. 
Leahy) proposed an amendment to the bill S. 652, supra, as follows:

       On page 82, line 23, beginning with the word ``after'', 
     delete all that follows through the word ``services'' on line 
     2, page 83 and insert therein the following: ``to the extent 
     approved by the Commission and the Attorney General''.
       On page 88, line 17, after the word ``Commission'', add the 
     words ``and Attorney General''.
       On page 89, beginning with the word ``before'' on line 9, 
     strike all that follows through line 15.
       On page 90, line 10, replace ``(3)'' with ``(C)''; after 
     the word ``Commission'' on line 17, add the words ``or 
     Attorney General''; and after the word ``Commission'' on line 
     19, add the words ``and Attorney General''.
       On page 90, after line 13, add the following 
     paragraphs: [[Page S8044]] 
       ``(4) Determination by attorney general.--
       ``(A) Determination.--Not later than 90 days after 
     receiving an application made under paragraph (1), the 
     Attorney General shall issue a written determination with 
     respect to the authorization for which a Bell operating 
     company or its subsidiary or affiliate has applied. In making 
     such determination, the Attorney General shall review the 
     whole record.
       ``(B) Approval.--The Attorney General shall approve the 
     authorization requested in any application submitted under 
     paragraph (1) only to the extent that the Attorney General 
     finds that there is no substantial possibility that such 
     company or its subsidiaries or its affiliates could use 
     monopoly power in a telephone exchange or exchange access 
     service market to impede competition in the interLATA 
     telecommunications service market such company or its 
     subsidiary or affiliate seeks to enter. The Attorney General 
     shall deny the remainder of the requested authorization.''
       ``(C) Publication.--Not later than 10 days after issuing a 
     determination under paragraph (4), the Attorney General shall 
     publish the determination in the Federal Register.''
       On page 91, line 1, after the word ``Commission'' add the 
     words ``or the Attorney General''.
                                 ______


                THURMOND (AND OTHERS) AMENDMENT NO. 1265

  Mr. THURMOND (for himself, Mr. D'Amato, and Mr. DeWine) proposed an 
amendment to amendment No. 1264 proposed by Mr. Dorgan to the bill S. 
652, supra, as follows:

       On page 82, line 23, strike ``after'' and all that follows 
     through ``services,'' on page 83, line 2, and insert in lieu 
     thereof ``to the extent approved by the Commission and the 
     Attorney General of the United States,''.
       On page 88, line 17, insert ``and the Attorney General'' 
     after ``Commission''.
       On page 89, line 3, insert ``and Attorney General''. after 
     ``Commission''.
       On page 89, line 6, strike ``shall'' and insert ``and the 
     Attorney General shall each''.
       On page 89, line 9, strike ``Before'' and all that follows 
     through page 89, line 15.
       On page 89, line 16, insert ``by commission'' after 
     ``Approval''.
       On page 90, line 6, after ``necessity'', insert: ``In 
     making its determination whether the requested authorization 
     is consistent with the public interest, convenience, and 
     necessity, the Commission shall not consider the effect of 
     such authorization on competition in any market for which 
     authorization is sought.''
       On page 90, between lines 9 and 10, insert the following:
       ``(C) Approval by attorney general.--The Attorney General 
     may only approve the authorization requested in an 
     application submitted under paragraph (1) if the Attorney 
     General finds that the effect of such authorization will not 
     substantially lessen competition, or tend to create a 
     monopoly in any line of commerce in any section of the 
     country. The Attorney General may approve all or part of the 
     request. If the Attorney General does not approve an 
     application under this subparagraph, the Attorney General 
     shall state the basis for the denial of the application.''.
       On page 90, line 12, strike ``shall'' and insert in lieu 
     thereof ``and the Attorney General shall each''.
       Page 90, line 17, insert ``or the Attorney General'' after 
     ``commission''.
       On page 90, line 19, insert ``and the Attorney General'' 
     after ``Commission''.
       On page 91, line 1, insert ``or the Attorney General'' 
     before ``for judicial review''.
       On page 99, line 15, strike out ``Commission authorizes'' 
     and insert in lieu thereof ``Commission and the Attorney 
     General authorize''.
       On page 99, line 18, insert ``and the Attorney General'' 
     after ``Commission''.
                                 ______


               HOLLINGS (AND DASCHLE) AMENDMENT NO. 1266

  Mr. HOLLINGS (for himself and Mr. Daschle) proposed an amendment to 
the bill S. 652, supra, as follows:

       On page 53, after line 25, insert the following:

     SEC. 107. COORDINATION FOR TELECOMMUNICATIONS NETWORK-LEVEL 
                   INTEROPERABILITY.

       (a) In General.--To promote nondiscriminatory access to 
     telecommunications networks by the broadest number of users 
     and vendors of communications products and services through--
       (1) coordinated telecommunications network planning and 
     design by common carriers and other providers of 
     telecommunications services, and
       (2) interconnection of telecommunications networks, and of 
     devices with such networks, to ensure the ability of users 
     and information providers to seamlessly and transparently 
     transmit and receive information between and across 
     telecommunications networks,

     the Commission may participate, in a manner consistent with 
     its authority and practice prior to the date of enactment of 
     this Act, in the development by appropriate voluntary 
     industry standards-setting organizations to promote 
     telecommunications network-level interoperability.
       (b) Definition of telecommunications network-level 
     interoperability.--As used in this section, the term 
     ``telecommunications network-level interoperability'' means 
     the ability of 2 or more telecommunications networks to 
     communicate and interact in concert with each other to 
     exchange information without degeneration.
       (c) Commission's Authority Not Limited.--Nothing in this 
     section shall be construed as limiting the existing authority 
     of the Commission.
       On page 66, line 13, strike the closing quotation marks and 
     the second period.
       On page 66, between lines 13 and 14, insert the following:
       ``(6) Acquisitions; joint ventures; partnerships; joint use 
     of facilities.--
       ``(A) Local exchange carriers.--No local exchange carrier 
     or any affiliate of such carrier owned by, operated by, 
     controlled by, or under common control with such carrier may 
     purchase or otherwise acquire more than a 10 percent 
     financial interest, or any management interest, in any cable 
     operator providing cable service within the local exchange 
     carrier's telephone service area.
       ``(B) Cable operators.--No cable operator or affiliate of a 
     cable operator that is owned by, operated by, controlled by, 
     or under common ownership with such cable operator may 
     purchase or otherwise acquire, directly or indirectly, more 
     than a 10 percent financial interest, or any management 
     interest, in any local exchange carrier providing telephone 
     exchange service within such cable operator's franchise area.
       ``(C) Joint Venture.--A local exchange carrier and a cable 
     operator whose telephone service area and cable franchise 
     area, respectively, are in the same market may not enter into 
     any joint venture or partnership to provide video programming 
     directly to subscribers or to provide telecommunications 
     services within such market.
       ``(D) Exception.--Notwithstanding subparagraphs (A), (B), 
     and (C) of this paragraph, a local exchange carrier (with 
     respect to a cable system located in its telephone service 
     area) and a cable operator (with respect to the facilities of 
     a local exchange carrier used to provide telephone exchange 
     service in its cable franchise area) may obtain a controlling 
     interest in, management interest in, or enter into a joint 
     venture or partnership with such system or facilities to the 
     extent that such system or facilities only serve incorporated 
     or unincorporated--
       ``(i) places or territories that have fewer than 50,000 
     inhabitants; and
       ``(ii) are outside an urbanized area, as defined by the 
     Bureau of the Census.
       ``(E) Waiver.--The Commission may waive the restrictions of 
     subparagraph (A), (B),
      or (C) only if the Commission determines that, because of 
     the nature of the market served by the affected cable 
     system or facilities used to provide telephone exchange 
     service--
       ``(i) the incumbent cable operator or local exchange 
     carrier would be subjected to undue economic distress by the 
     enforcement of such provisions,
       ``(ii) the system or facilities would not be economically 
     viable if such provisions were enforced, or
       ``(iii) the anticompetitive effects of the proposed 
     transaction are clearly outweighed in the public interest by 
     the probable effect of the transaction in meeting the 
     convenience and needs of the community to be served.
       ``(F) Joint use.--Notwithstanding subparagraphs (A), (B), 
     and (C), a telecommunications carrier may obtain within such 
     carrier's telephone service area, with the concurrence of the 
     cable operator on the rates, terms, and conditions, the use 
     of that portion of the transmission facilities of such a 
     cable system extending from the last multiuser terminal to 
     the premises of the end user in excess of the capacity that 
     the cable operator uses to provide its own cable services. A 
     cable operator that provides access to such portion of its 
     transmission facilities to one telecommunications carrier 
     shall provide nondiscriminatory access to such portion of its 
     transmission facilities to any other telecommunications 
     carrier requesting such access.
       ``(G) Savings clause.--Nothing in this paragraph affects 
     the authority of a local franchising authority (in the case 
     of the purchase or acquisition of a cable operator, or a 
     joint venture to provide cable service) or a State Commission 
     (in the case of the acquisition of a local exchange carrier, 
     or a joint venture to provide telephone exchange service) to 
     approve or disapprove a purchase, acquisition, or joint 
     venture.''.
       On page 70, line 7, strike ``services.'' and insert 
     ``services provided by cable systems other than small cable 
     systems, determined on a per-channel basis as of June 1, 
     1995, and redetermined, and adjusted if necessary, every 2 
     years thereafter.''.
       On page 70, line 21, strike ``area.'' and insert ``area, 
     but only if the video programming services offered by the 
     carrier in that area are comparable to the video programming 
     services provided by the unaffiliated cable operator in that 
     area.''.
       On page 79, before line 12, insert the following:
       (3) Local marketing agreement.--Nothing in this Act shall 
     be construed to prohibit the continuation or renewal of any 
     television local marketing agreement that is in effect on the 
     date of enactment of this Act and that is in compliance with 
     the Commission's regulations.
       On page 88, line 4, strike ``area,'' and insert ``area or 
     until 36 months have passed since the enactment of the 
     Telecommunications Act of 1995, whichever is 
     earlier,''. [[Page S8045]] 
       On page 88, line 5, after ``carrier'' insert ``that serves 
     greater than 5 percent of the nation's presubscribed access 
     lines''.
     

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