[Congressional Record Volume 141, Number 96 (Tuesday, June 13, 1995)]
[Senate]
[Pages S8265-S8288]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


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

                                 ______


                    DORGAN AMENDMENTS NOS. 1272-1273

  (Ordered to lie on the table.)
  Mr. DORGAN submitted two amendments intended to be proposed by him to 
the bill (S. 652) to provide for a procompetitive, deregulatory 
national policy framework designed to accelerate rapidly private sector 
deployment of [[Page S8266]] advanced telecommunications and 
information technologies and services to all Americans by opening all 
telecommunications markets to competition, and for other purposes; as 
follows:

                           Amendment No. 1272

       On page 82, between lines 4 and 5, insert the following:
       (3) This section shall operate only if the Commission shall 
     amend its ``Application for renewal of License for AM, FM, 
     TV, Translator or LPTV Station'' (FCC Form 303-S) to require 
     that, for commercial TV applicants only, the applicant attach 
     as an exhibit to the application a summary of written 
     comments and suggestions received from the public and 
     maintained by the licensee in accordance with 47 C.F.R. sec. 
     73.1202 that comment on the applicant's programming, if any, 
     characterized by the commentor as constituting violent 
     programming.
                                                                    ____


                           Amendment No. 1273

       On page 77, line 2, strike the word ``and'' and all that 
     follows through line 4 on the same page and insert the 
     following:
       (B) it shall apply similar rules to use of existing 
     television spectrum; and
       (C) it shall adopt regulations that would require broadcast 
     stations to transmit, by way of line 21 of the vertical 
     blanking interval, signals which enable viewers to block the 
     display of programs with common ratings based on violent 
     content determined by such stations.
                                 ______


                 DORGAN (AND HELMS) AMENDMENT NO. 1274

  (Ordered to lie on the table.)
  Mr. DORGAN (for himself and Mr. Helms) submitted an amendment 
intended to be proposed by them to the bill S. 652, supra; as follows:

       Strike paragraph (1) of subsection (b) of Section (207) and 
     insert in lieu thereof the following:
       ``(b) Review and Modification of Broadcast Rules.--The 
     Commission shall:
       ``(1) modify or remove such national and local ownership 
     rules on radio and television broadcasters as are necessary 
     to ensure that broadcasters are able to compete fairly with 
     other media providers while ensuring that the public receives 
     information from a diversity of media sources and localism 
     and service in the public interest in protected, taking into 
     consideration the economic dominance of providers in a market 
     and
       ``(2) review the ownership restriction in section 
     613(a)(1).''
                                 ______


                 CONRAD (AND OTHERS) AMENDMENT NO. 1275

  Mr. CONRAD (for himself, Ms. Mikulski, and Mr. Graham) proposed an 
amendment to the bill, S. 652, supra; as follows:

       On page 146, below line 14, add the following:

                         TITLE V--MISCELLANEOUS

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Parental Choice in 
     Television Act of 1995''.

     SEC. 502. FINDINGS.

       Congress makes the following findings:
       (1) On average, a child in the United States is exposed to 
     27 hours of television each week and some children are 
     exposed to as much as 11 hours of television each day.
       (2) The average American child watches 8,000 murders and 
     100,000 acts of other violence on television by the time the 
     child completes elementary school.
       (3) By the age of 18 years, the average American teenager 
     has watched 200,000 acts of violence on television, including 
     40,000 murders.
       (4) On several occasions since 1975, The Journal of the 
     American Medical Association has alerted the medical 
     community to the adverse effects of televised violence on 
     child development, including an increase in the level of 
     aggressive behavior and violent behavior among children who 
     view it.
       (5) The National Commission on Children recommended in 1991 
     that producers of television programs exercise greater 
     restraint in the content of programming for children.
       (6) A report of the Harry Frank Guggenheim Foundation, 
     dated May 1993, indicates that there is an irrefutable 
     connection between the amount of violence depicted in the 
     television programs watched by children and increased 
     aggressive behavior among children.
       (7) It is a compelling National interest that parents be 
     empowered with the technology to block the viewing by their 
     children of television programs whose content is overly 
     violent or objectionable for other reasons.
       (8) Technology currently exists to permit the manufacture 
     of television receivers that are capable of permitting 
     parents to block television programs having violent or 
     otherwise objectionable content.

     SEC. 503. ESTABLISHMENT OF TELEVISION VIOLENCE RATING CODE.

       (a) In General.--Section 303 (47 U.S.C. 303) is amended by 
     adding at the end the following:
       ``(v) Prescribe, in consultation with television 
     broadcasters, cable operators, appropriate public interest 
     groups, and interested individuals from the private sector, 
     rules for rating the level of violence or other objectionable 
     content in television programming, including rules for the 
     transmission by television broadcast stations and cable 
     systems of--
       ``(1) signals containing ratings of the level of violence 
     or objectionable content in such programming; and
       ``(2) signals containing specifications for blocking such 
     programming.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall take effect 1 year after the date of the enactment of 
     this Act, but only if the Commission determines, in 
     consultation with appropriate public interest groups and 
     interested individuals from the private sector, on that date 
     that television broadcast stations and cable systems have 
     not--
       (1) established voluntarily rules for rating the level of 
     violence or other objectionable content in television 
     programming which rules are acceptable to the Commission; and
       (2) agreed voluntarily to broadcast signals that contain 
     ratings of the level of violence or objectionable content in 
     such programming.

     SEC. 504. REQUIREMENT FOR MANUFACTURE OF TELEVISIONS THAT 
                   BLOCK PROGRAMS.

       (a) Requirement.--Section 303 (47 U.S.C. 303), as amended 
     by this Act, is further amended by adding at the end the 
     following:
       ``(w) Require, in the case of apparatus designed to receive 
     television signals that are manufactured in the United States 
     or imported for use in the United States and that have a 
     picture screen 13 inches or greater in size (measured 
     diagonally), that such apparatus--
       ``(1) be equipped with circuitry designed to enable viewers 
     to block the display of channels during particular time 
     slots; and
       ``(2) enable viewers to block display of all programs with 
     a common rating.''.
       (b) Implementation.--In adopting the requirement set forth 
     in section 303(w) of the Communications Act of 1934, as added 
     by subsection (a), the Federal Communications Commission, in 
     consultation with the television receiver manufacturing 
     industry, shall determine a date for the applicability of the 
     requirement to the apparatus covered by that section.

     SEC. 505. SHIPPING OR IMPORTING OF TELEVISIONS THAT BLOCK 
                   PROGRAMS.

       (a) Regulations.--Section 330 (47 U.S.C. 330) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by adding after subsection (b) the following new 
     subsection (c):
       ``(c)(1) Except as provided in paragraph (2), no person 
     shall ship in interstate commerce, manufacture, assemble, or 
     import from any foreign country into the United States any 
     apparatus described in section 303(w) of this Act except in 
     accordance with rules prescribed by the Commission pursuant 
     to the authority granted by that section.
       ``(2) This subsection shall not apply to carriers 
     transporting apparatus referred to in paragraph (1) without 
     trading it.
       ``(3) The rules prescribed by the Commission under this 
     subsection shall provide performance standards for blocking 
     technology. Such rules shall require that all such apparatus 
     be able to receive transmitted rating signals which conform 
     to the signal and blocking specifications established by the 
     Commission.
       ``(4) As new video technology is developed, the Commission 
     shall take such action as the Commission determines 
     appropriate to ensure that blocking service continues to be 
     available to consumers.''.
       (b) Conforming Amendment.--Section 330(d), as redesignated 
     by subsection (a)(1), is amended by striking ``section 
     303(s), and section 303(u)'' and inserting in lieu thereof 
     ``and sections 303(s), 303(u), and 303(w)''.

                                 ______


                       McCAIN AMENDMENT NO. 1276

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

       On page 43, strike out line 2 and insert in lieu thereof 
     the following:
     Act.
       ``(k) Transition to Alternative Support System.--
     Notwithstanding any other provision of this Act, beginning 2 
     years after the date of the enactment the Telecommunications 
     Act of 1995, support payments for universal service under 
     this Act shall occur in accordance with the provisions of 
     subsection (l) rather than any other provisions of this Act.
       ``(l) Voucher System.--
       ``(1) In general.--Not later than 2 years after the date of 
     the enactment of the Telecommunications Act of 1995, the 
     Commission shall prescribe regulations to provide for the 
     payment of support payments for universal service through a 
     voucher system under this subsection.
       ``(2) Individuals eligible to make payments by voucher.--
     Payment of support payments for universal service by voucher 
     under this subsection may be made only by individuals--
       ``(A) who are customers of telecommunications carriers 
     described in paragraph (3); and
       ``(B) whose income in the preceding year was an amount 
     equal to or less than the amount equal to 200 percent of the 
     poverty level for that year.
       ``(3) Carriers eligible to receive vouchers.--
     Telecommunications carriers eligible to receive support 
     payments for universal service by voucher under this 
     subsection are telecommunications carriers designated as 
     essential telecommunications carriers in accordance with 
     subsection (f). [[Page S8267]] 
       ``(4) Vouchers.--
       ``(A) In general.--The Commission shall provide in the 
     regulations under this subsection for the distribution to 
     individuals described in paragraph (2) of vouchers that may 
     be used by such individuals as payment for telecommunications 
     services received by such individuals from telecommunications 
     carriers described in paragraph (3).
       ``(B) Value of vouchers.--The Commission shall determine 
     the value of vouchers distributed under this paragraph.
       ``(C) Use of vouchers.--Individuals to whom vouchers are 
     distributed under this paragraph may utilize such vouchers as 
     payment for the charges for telecommunications services that 
     are imposed on such persons by telecommunications carriers 
     referred to in subparagraph (A).
       ``(D) Acceptance of vouchers.--Each telecommunications 
     carrier referred to in subparagraph (A) shall accept vouchers 
     under this paragraph as payment for charges for 
     telecommunications services that are imposed by the 
     telecommunications carrier on individuals described in 
     paragraph (2).
       ``(E) Reimbursement.--The Commission shall, upon submittal 
     of vouchers by a telecommunications carrier, reimburse the 
     telecommunications carrier in an amount equal to the value of 
     the vouchers submitted. Amounts necessary for reimbursements 
     under this subparagraph shall be derived from contributions 
     for universal support under subsection (c).''
                                 ______


                       GORTON AMENDMENT NO. 1277

  Mr. GORTON proposed an amendment to amendment No. 1270 proposed by 
Mrs. Feinstein to the bill, S. 652, supra; as follows:

       In the matter proposed to be stricken, strike ``or is 
     inconsistent with this section, the Commission shall 
     promptly'' and insert ``subsection (a) or (b), the Commission 
     shall''.
                                 ______


                 DORGAN (AND OTHERS) AMENDMENT NO. 1278

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

       Strike paragraph (1) of subsection (b) of Section (207) and 
     insert in lieu thereof the following:
       ``(b) Review and Modification of Broadcast Rules.--The 
     Commission shall:
       ``(1) modify or remove such national and local ownership 
     rules on radio and television broadcasters as are necessary 
     to ensure that broadcasters are able to compete fairly with 
     other media providers while ensuring that the public receives 
     information from a diversity of media sources and localism 
     and service in the public interest is protected, taking into 
     consideration the economic dominance of providers in a market 
     and
       ``(2) review the ownership restriction in section 
     613(a)(1).''
                                 ______


                      THURMOND AMENDMENT NO. 1279

  (Ordered to lie on the table.)
  Mr. THURMOND submitted an amendment intended to be proposed by him to 
the bill S. 652, supra; as follows:

       On page 82, line 23, strike all after the word ``service'' 
     through page 91, line 2, and insert the following:
     ``to the extent approved by the Commission and the Attorney 
     General of the United States in accordance with the 
     provisions of subsection (c);
       ``(2) interLATA telecommunications services originating in 
     any area where that company is not the dominant provider of 
     wireline telephone exchange service or exchange access 
     service in accordance with the provisions of subsection (d); 
     and
       ``(3) interLATA services that are incidental services in 
     accordance with the provisions of subsection (e).
       ``(b) Specific InterLATA Interconnection Requirements.--
       ``(1) In general.--A Bell operating company may provide 
     interLATA services in accordance with this section only if 
     that company has reached an interconnection agreement under 
     section 251 and that agreement provides, at a minimum, for 
     interconnection that meets the competitive checklist 
     requirements of paragraph (2).
       ``(2) Competitive checklist.--Interconnection provided by a 
     Bell operating company to other telecommunications carriers 
     under section 251 shall include:
       ``(A) Nondiscriminatory access on an unbundled basis to the 
     network functions and services of the Bell operating 
     company's telecommunications network that is at least equal 
     in type, quality, and price to the access the Bell operating 
     company affords to itself or any other entity.
       ``(B) The capability to exchange telecommunications between 
     customers of the Bell operating company and the 
     telecommunications carrier seeking interconnection.
       ``(C) Nondiscriminatory access to the poles, ducts, 
     conduits, and rights-of-way owned or controlled by the Bell 
     operating company at just and reasonable rates where it has 
     the legal authority to permit such access.
       ``(D) Local loop transmission from the central office to 
     the customer's premises, unbundled from local switching or 
     other services.
       ``(E) Local transport from the trunk side of a wireline 
     local exchange carrier switch unbundled from switching or 
     other services.
       ``(F) Local switching unbundled from transport, local loop 
     transmission, or other services.
       ``(G) Nondiscriminatory access to--
       ``(i) 911 and E911 services;
       ``(ii) directory assistance services to allow the other 
     carrier's customers to obtain telephone numbers; and
       ``(iii) operator call completion services.
       ``(H) White pages directory listings for customers of the 
     other carrier's telephone exchange service.
       ``(I) Until the date by which neutral telephone number 
     administration guidelines, plan, or rules are established, 
     nondiscriminatory access to telephone numbers for assignment 
     to the other carrier's telephone exchange service customers. 
     After that date, compliance with such guidelines, plan, or 
     rules.
       ``(J) Nondiscriminatory access to databases and associated 
     signaling, including signaling links, signaling service 
     control points, and signaling service transfer points, 
     necessary for call routing and completion.
       ``(K) Until the date by which the Commission determines 
     that final telecommunications number portability is 
     technically feasible and must be made available, interim 
     telecommunications number portability through remote call 
     forwarding, direct inward dialing trunks, or other comparable 
     arrangements, with as little impairment of functioning, 
     quality, reliability, and convenience as possible. After that 
     date, full compliance with final telecommunications number 
     portability.
       ``(L) Nondiscriminatory access to whatever services or 
     information may be necessary to allow the requesting carrier 
     to implement local dialing parity in a manner that permits 
     consumers to be able to dial the same number of digits when 
     using any telecommunications carrier providing telephone 
     exchange service or exchange access service.
       ``(M) Reciprocal compensation arrangements on a 
     nondiscriminatory basis for the origination and termination 
     of telecommunications.
       ``(N) Telecommunications services and network functions 
     provided on an unbundled basis without any conditions or 
     restrictions on the resale or sharing of those services or 
     functions, including both origination and termination of 
     telecommunications services, other than reasonable conditions 
     required by the Commission or a State. For purposes of this 
     subparagraph, it is not an unreasonable condition for the 
     Commission or a State to limit the resale--
       ``(i) of services included in the definition of universal 
     service to a telecommunications carrier who intends to resell 
     that service to a category of customers different from the 
     category of customers being offered that universal service by 
     such carrier if the Commission or State orders a carrier to 
     provide the same service to different categories of customers 
     at different prices necessary to promote universal service; 
     or
       ``(ii) of subsidized universal service in a manner that 
     allows companies to charge another carrier rates which 
     reflect the actual cost of providing those services to that 
     carrier, exclusive of any universal service support received 
     for providing such services in accordance with section 
     214(d)(5).
       ``(3) Joint marketing of local and long distance 
     services.--Until a Bell operating company is authorized to 
     provide interLATA services in a telephone exchange where that 
     company is the dominant provider of wireline telephone 
     exchange service or exchange access service, a 
     telecommunications carrier may not jointly market in such 
     telephone exchange area telephone exchange service purchased 
     from such company with interLATA services offered by that 
     telecommunications carrier.
       ``(4) Commission may not expand competitive checklist.--The 
     Commission may not, by rule or otherwise, limit or extend the 
     terms used in the competitive checklist.
       ``(c) In-Region Services.--
       ``(1) Application.--Upon the enactment of the 
     Telecommunications Act of 1995, a Bell operating company or 
     its affiliate may apply to the Commission and the Attorney 
     General for authorization notwithstanding the Modification of 
     Final Judgment to provide interLATA telecommunications 
     service originating in any area where such Bell operating 
     company is the dominant provider of wireline telephone 
     exchange service or exchange access service. The application 
     shall describe with particularity the nature and scope of the 
     activity and of each product market or service market, and 
     each geographic market for which authorization is sought.
       ``(2) Determination by commission and attorney general.--
       ``(A) Determination.--Not later than 90 days after 
     receiving an application under paragraph (1), the Commission 
     and the Attorney General shall each issue a written 
     determination, on the record after a hearing and opportunity 
     for comment, granting or denying the application in whole or 
     in part.
       ``(B) Approval by commission.--The Commission may only 
     approve the authorization requested in an application 
     submitted under paragraph (1) if it--
       ``(i) finds that the petitioning Bell operating company has 
     fully implemented the competitive checklist found in 
     subsection (b)(2);

[[Page S8268]]

       ``(ii) finds that the requested authority will be carried 
     out in accordance with the requirements of section 252; and 
     ``(iii) determines that the requested authorization is 
     consistent with the public interest, convenience, and 
     necessity, in making its determination whether the requested 
     authorization is consistent with the public interest 
     convenience, and necessity, the Commission shall not consider 
     the antitrust effects of such authorization in any market for 
     which authorization is sought. Nothing in this subsection 
     shall limit the authority of the Commission under any other 
     section. If the Commission does not approve an application 
     under this subparagraph it shall state the basis for its 
     denial of the application.
       (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 the 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. These provisions shall become 
     effective one day after date of enactment.
       ``(3) Publication.--Not later than 10 days after issuing a 
     determination under paragraph (2), the Commission and the 
     Attorney General shall each publish in the Federal Register a 
     brief description of the determination.
       ``(4) Judicial review.--
       ``(A) Commencement of action.--Not later than 45 days after 
     a determination by the Commission or the Attorney General is 
     published under paragraph (3), the Bell operating company or 
     its subsidiary or affiliate that applied to the Commission 
     and the Attorney General under paragraph (1), or any person 
     who would be threatened with loss or damage as a result of 
     the determination regarding such company's engaging in the 
     activity described in its application, may commence an action 
     in any United States Court of Appeals against the Commission 
     or the Attorney General for judicial review of the 
     determination regarding the application.''
                                 ______


                        ROBB AMENDMENT NO. 1280

  (Ordered to lie on the table.)
  Mr. ROBB submitted an amendment intended to be proposed by him to the 
bill, S. 652, supra; as follows:

       On page 146, below line 14, add the following:

     SEC. 409. RESTRICTIONS ON ACCESS BY CHILDREN TO OBSCENE AND 
                   INDECENT MATERIAL ON ELECTRONIC INFORMATION 
                   NETWORKS OPEN TO THE PUBLIC.

       In order.
       (1) to encourage the voluntary use of tags in the names, 
     addresses, or text of electronic files containing obscene, 
     indecent, or mature text or graphics that are made available 
     to the public through public information networks in order to 
     ensure the ready identification of files containing such text 
     or graphics;
       (2) to encourage developers of computer software that 
     provides access to or interface with a public information 
     network to develop software that permits users of such 
     software to block access to or interface with text or 
     graphics identified by such tags; and
       (3) to encourage the telecommunications industry and the 
     providers and users of public information networks to take 
     practical actions (including the establishment of a board 
     consisting of appropriate members of such industry, 
     providers, and users) to develop a highly effective means of 
     preventing the access of children through public information 
     networks to electronic files that contain such text or 
     graphics,
       The Secretary of Commerce shall take appropriate steps to 
     make information on the tags established and utilized in 
     voluntary compliance with subsection (a) available to the 
     public through public information networks.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the tags established and utilized in 
     voluntary compliance with this section. The report shall--
       (1) describe the tags so established and utilized;
       (2) assess the effectiveness of such tags in preventing the 
     access of children to electronic files that contain obscene, 
     indecent, or mature text or graphics through public 
     information networks; and
       (3) provide recommendations for additional means of 
     preventing such access.
       (d) Definitions.--In this section:
       (2) The term ``public information network'' means the 
     Internet, electronic bulletin boards, and other electronic 
     information networks that are open to the public.
       (2) The term ``tag'' means a part or segment of the name, 
     address, or text of an electronic file.
                                 ______


                  EXON (AND COATS) AMENDMENT NO. 1281

  (Ordered to lie on the table.)
  Mr. EXON (for himself and Mr. Coats) submitted an amendment intended 
to be proposed by them to the bill S. 652, supra; as follows:

       On page 137 beginning with line 12 strike through line 10 
     on page 143 and insert the following:
       (1) by striking subsection (a) and inserting in lieu 
     thereof:
       ``(a) Whoever--
       ``(1) in the District of Columbia or in interstate or 
     foreign communications--
       ``(A) by means of telecommunications device knowingly--
       ``(i) makes, creates, or solicits, and
       ``(ii) initiates the transmission of,

     any comment, request, suggestion, proposal, image, or other 
     communication which is obscene, lewd, lascivious, filthy, or 
     indecent, with intent to annoy, abuse, threaten, or harass 
     another person;
       ``(B) makes a telephone call or utilizes a 
     telecommunications device, whether or not conversation or 
     communication ensues, without disclosing his identity and 
     with intent to annoy, abuse, threaten, or harass any person 
     at the called number or who receives the communication;
       ``(C) makes or causes the telephone of another repeatedly 
     or continuously to ring, with intent to harass any person at 
     the called number; or
       ``(D) makes repeated telephone calls or repeatedly 
     initiates communication with a telecommunications device, 
     during which conversation or communication ensues, solely to 
     harass any person at the called number or who receives the 
     communication; or
       ``(2) knowingly permits any telecommunications facility 
     under his control to be used for any activity prohibited by 
     paragraph (1) with the intent that it be used for
      such activity,

     shall be fined not more than $100,000 or imprisoned not more 
     than two years, or both.''; and
       (2) by adding at the end the following new subsections:
       ``(d) Whoever--
       ``(1) knowingly within the United States or in foreign 
     communications with the United States by means of 
     telecommunications device makes or makes available any 
     obscene communications in any form including any comment, 
     request, suggestion, proposal, or image regardless of whether 
     the maker of such communication placed the call or initiated 
     the communications; or
       ``(2) knowingly permits any telecommunications facility 
     under such person's control to be used for an activity 
     prohibited by subsection (d)(1) with the intent that it be 
     used for such activity;

     shall be fined not more than $100,000 or imprisoned not more 
     than two years or both.
       ``(e) Whoever--
       ``(1) knowingly within the United States or in foreign 
     communications with the United States by means of 
     telecommunications device makes or makes available any 
     indecent communications in any form including any comment, 
     request, suggestion, proposal, or image to any person under 
     18 years of age regardless of whether the maker of such 
     communication placed the call or initiated the 
     communications; or
       ``(2) knowingly permits any telecommunications facility 
     under such person's control to be used for an activity 
     prohibited by subsection (1) with the intent that it be used 
     for such activity;

     shall be fined not more than $100,000 or imprisoned not more 
     than two years or both.
       ``(f) Defenses to the subsections (a), (d), and (e), 
     restrictions on access, judicial remedies respecting 
     restrictions for persons providing information services and 
     access to information services--
       ``(1) No person shall be held to have violated
        subsections (a), (d), or (e) solely for providing access 
     or connection to or from a facility, system, or network 
     over which that person has no control, including related 
     capabilities which are incidental to providing access or 
     connection. This subsection shall not be applicable to an 
     individual who is owned or controlled by, or a conspirator 
     with, an entity actively involved in the creation, editing 
     or knowing distribution of communications which violate 
     this section.
       ``(2) No employer shall be held liable under this section 
     for the actions of an employee or agent unless the employee's 
     or agent's conduct is within the scope of his employment or 
     agency and the employer has knowledge of, authorizes, or 
     ratifies the employee's or agent's conduct.
       ``(3) It is a defense to prosecution under subsection (a), 
     (d)(2), or (e) that a person has taken reasonable, effective 
     and appropriate actions in good faith to restrict or prevent 
     the transmission of, or access to a communication specified 
     in such subsections, or complied with procedures as the 
     Commission may prescribe in furtherance of this section. 
     Until such regulations become effective, it is a defense to 
     prosecution that the person has complied with the procedures 
     prescribed by regulation pursuant to subsection (b)(3). 
     Nothing in this subsection shall be construed to treat 
     enhanced information services as common carriage.
       ``(4) No cause of action may be brought in any court or 
     administrative agency against any person on account of any 
     activity which is not in violation of any law punishable by 
     criminal or civil penalty, which activity the person has 
     taken in good faith to implement a defense authorized under 
     this section or otherwise to restrict or prevent the 
     transmission of, or access to, a communication specified in 
     this section.
       ``(g) No State or local government may impose any liability 
     for commercial activities [[Page S8269]] or actions by 
     commercial entities in connection with an activity or action 
     which constitutes a violation described in subsection (a)(2), 
     (d)(2), or (e)(2) that is inconsistent with the treatment of 
     those activities or actions under this section provided, 
     however, that nothing herein shall preclude any State or
      local government from enacting and enforcing complementary 
     oversight, liability, and regulatory systems, procedures, 
     and requirements, so long as such systems, procedures, and 
     requirements govern only intrastate services and do not 
     result in the imposition of inconsistent rights, duties or 
     obligations on the provision of interstate services. 
     Nothing in this subsection shall preclude any State or 
     local government from governing conduct not covered by 
     this section.
       ``(h) Nothing in subsection (a), (d), (e), or (f) or in the 
     defenses to prosecution under (a), (d), or (e) shall be 
     construed to affect or limit the application or enforcement 
     of any other Federal law.
       ``(i) The use of the term `telecommunications device' in 
     this section shall not impose new obligations on (one-way) 
     broadcast radio or (one-way) broadcast television operators 
     licensed by the Commission or (one-way) cable service 
     registered with the Federal Communications Commission and 
     covered by obscenity and indecency provisions elsewhere in 
     this Act.
       ``(j) Within two years from the date of enactment and every 
     two years thereafter, the Commission shall report on the 
     effectiveness of this section.''
       On page 144, strike lines 1 through 17, and in lieu thereof 
     insert the following:

     SEC. 405. DISSEMINATION OF INDECENT MATERIAL ON CABLE 
                   TELEVISION SERVICE.

       (a) In General.--Chapter 71 of title 18, United States 
     Code, is amended by inserting after section 1464 the 
     following:

     ``Sec. 1464A. Dissemination of indecent material on cable 
       television

       ``(a) Whoever knowingly disseminates any indecent material 
     on any channel provided to all subscribers as part of a basic 
     cable television package shall be imprisoned not more than 
     two years or fined under this title, or both.
       ``(b) As used in this section, the term `basic cable 
     television package' means those channels provided by any 
     means for a basic cable subscription fee to all cable 
     subscribers, including `basic cable service' and `other 
     programming service' as those terms are defined in section 
     602 of the Communications Act of 1934 but does not include 
     separate channels that are provided to subscribers upon 
     specific request, whether or not a separate or additional fee 
     is charged.''.
       ``(c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 71 of title 18, United States Code, is 
     amended by inserting after the item relating to section 1464 
     the following new item:
       ``1464A. Dissemination of indecent material on cable 
     television.''.
       At the end of bill add:

     SEC. 409. SEPARABILITY.

       If any provision of this title, including amendments to 
     this title or the application thereof to any person or 
     circumstance is held invalid, the remainder of this title and 
     the application of such provision to other persons or 
     circumstances shall not be affected thereby.
                                 ______


                    MOSELEY-BRAUN AMENDMENT NO. 1282

  (Ordered to lie on the table)
  Ms. MOSELEY-BRAUN submitted an amendment intended to be proposed by 
her to the bill S. 652, supra; as follows:

       At the end of the bill, insert the following:

      TITLE   --NATIONAL EDUCATION TECHNOLOGY FUNDING CORPORATION

     SEC.  01. SHORT TITLE.

       This title may be cited as the ``National Education 
     Technology Funding Corporation Act of 1995''.

     SEC.   02. FINDINGS; PURPOSE.

       (a) Findings.--The Congress finds as follows:
       (1) Corporation.--There has been established in the 
     District of Columbia a private, nonprofit corporation known 
     as the National Education Technology Funding Corporation 
     which is not an agency or independent establishment of the 
     Federal Government.
       (2) Board of directors.--The Corporation is governed by a 
     Board of Directors, as prescribed in the Corporation's 
     articles of incorporation, consisting of 15 members, of 
     which--
       (A) five members are representative of public agencies 
     representative of schools and public libraries;
       (B) five members are representative of State government, 
     including persons knowledgeable about State finance, 
     technology and education; and
       (C) five members are representative of the private sector, 
     with expertise in network technology, finance and management.
       (3) Corporate purposes.--The purposes of the Corporation, 
     as set forth in its articles of incorporation, are--
       (A) to leverage resources and stimulate private investment 
     in education technology infrastructure;
       (B) to designate State education technology agencies to 
     receive loans, grants or other forms of assistance from the 
     Corporation;
       (C) to establish criteria for encouraging States to--
       (i) create, maintain, utilize and upgrade interactive high 
     capacity networks capable of providing audio, visual and data 
     communications for elementary schools, secondary schools and 
     public libraries;
       (ii) distribute resources to assure equitable aid to all 
     elementary schools and secondary schools in the State and 
     achieve universal access to network technology; and
       (iii) upgrade the delivery and development of learning 
     through innovative technology-based instructional tools and 
     applications;
       (D) to provide loans, grants and other forms of assistance 
     to State education technology agencies, with due regard for 
     providing a fair balance among types of school districts and 
     public libraries assisted and the disparate needs of such 
     districts and libraries;
       (E) to leverage resources to provide maximum aid to 
     elementary schools, secondary schools and public libraries; 
     and
       (F) to encourage the development of education 
     telecommunications and information technologies through 
     public-private ventures, by serving as a clearinghouse for 
     information on new education technologies, and by providing 
     technical assistance, including assistance to States, if 
     needed, to establish State education technology agencies.
       (b) Purpose.--The purpose of this title is to recognize the 
     Corporation as a nonprofit corporation operating under the 
     laws of the District of Columbia, and to provide
      authority for Federal departments and agencies to provide 
     assistance to the Corporation.

     SEC.    03. DEFINITIONS.

       For the purpose of this title--
       (1) the term ``Corporation'' means the National Education 
     Technology Funding Corporation described in section 02(a)(1);
       (2) the terms ``elementary school'' and ``secondary 
     school'' have the same meanings given such terms in section 
     14101 of the Elementary and Secondary Education Act of 1965; 
     and
       (3) the term ``public library'' has the same meaning given 
     such term in section 3 of the Library Services and 
     Construction Act.

     SEC.     04. ASSISTANCE FOR EDUCATION TECHNOLOGY PURPOSES.

       (a) Authorization of Assistance.--Each Federal department 
     or agency is authorized to award grants or contracts, or 
     provide gifts, contributions, or technical assistance, to the 
     Corporation to enable the Corporation to carry out the 
     corporate purposes described in section       02(a)(3).
       (b) Agreement.--In order to receive any assistance 
     described in subsection (a) the Corporation shall enter into 
     an agreement with the Federal department or agency providing 
     such assistance, under which the Corporation agrees--
       (1) to use such assistance to provide funding and technical 
     assistance only for activities which the Board of Directors 
     of the Corporation determines are consistent with the 
     corporate purposes described in section       02(a)(3);
       (2) to review the activities of State education technology 
     agencies and other entities receiving assistance from the 
     Corporation to assure that the corporate purposes described 
     in section       02(a)(3) are carried out;
       (3) that no part of the assets of the Corporation shall 
     accrue to the benefit of any member of the Board of Directors 
     of the Corporation, any officer or employee of the 
     Corporation, or any other individual, except as salary or 
     reasonable compensation for services;
       (4) that the Board of Directors of the Corporation will 
     adopt policies and procedures to prevent conflicts of 
     interest;
       (5) to maintain a Board of Directors of the Corporation 
     consistent with section     02(a)(2);
       (6) that the Corporation, and any entity receiving the 
     assistance from the Corporation, are subject to the 
     appropriate oversight procedures of the Congress; and
       (7) to comply with--
       (A) the audit requirements described in section 05; and
       (B) the reporting and testimony requirements described in 
     section 06.
       (c) Construction.--Nothing in this title shall be construed 
     to establish the Corporation as an agency or independent 
     establishment of the Federal Government, or to establish the 
     members of the Board of Directors of the Corporation, or the 
     officers and employees of the Corporation, as officers or 
     employees of the Federal Government.

     SEC.     05. AUDITS

       (a) Audits by Independent Certified Public Accountants.--
       (1) In general.--The Corporation's financial statements 
     shall be audited annual in accordance with generally accepted 
     auditing standards by independent certified public 
     accountants who are members of a nationally recognized 
     accounting firm and who are certified by a regulatory 
     authority of a State or other political subdivision of the 
     United States. The audits shall be conducted at the place or 
     places where the accounts of the Corporation are
      normally kept. All books, accounts, financial records, 
     reports, files, and all other papers, things, or property 
     belonging to or in use by the Corporation and necessary to 
     facilitate the audit shall be made available to the person 
     or persons conducting the audits, and full facilities for 
     verifying transactions with the balances or securities 
     held by depositories, fiscal agents, and custodians shall 
     be afforded to such person or persons.
       (2) Reporting requirements.--The report of each annual 
     audit described in paragraph [[Page S8270]] (1) shall be 
     included in the annual report required by section   06(a).
       (b) Audits by the Comptroller General of the United 
     States.--
       (1) Audits.--The programs, activities and financial 
     transactions of the Corporation shall be subject to audit by 
     the Comptroller General of the United States under such rules 
     and regulations as may be prescribed by the Comptroller 
     General. The representatives of the Comptroller General shall 
     have access to such books, accounts, financial records, 
     reports, files and such other papers, things, or property 
     belonging to or in use by the Corporation and necessary to 
     facilitate the audit, and the representatives shall be 
     afforded full facilities for verifying transactions with the 
     balances or securities held by depositories, fiscal agents, 
     and custodians. The representatives of the Comptroller 
     General shall have access, upon request to the Corporation or 
     any auditor for an audit of the Corporation under this 
     section, to any books, financial records, reports, files or 
     other papers, things, or property belonging to or in use by 
     the Corporation and used in any such audit and to papers, 
     records, files, and reports of the auditor used in such an 
     audit.
       (2) Report.--A report on each audit described in paragraph 
     (1) shall be made by the Comptroller General to the Congress. 
     The report to the Congress shall contain such comments and 
     information as the Comptroller General may deem necessary to 
     inform the Congress of the financial operations and condition 
     of the Corporation, together with such recommendations as the 
     Comptroller General may deem advisable. The report shall also 
     show specifically any program, expenditure, or other 
     financial transaction or undertaking observed or reviewed in 
     the course of the audit, which, in the opinion of the 
     Comptroller General, has been carried on or made contrary to 
     the requirements of this title. A copy of each such report 
     shall be furnished to the President and to the Corporation at 
     the time such report is submitted to the Congress.
       (c) Audit by Inspector General of the Department of 
     Commerce.--The financial transactions of the Corporation may 
     also be audited by the Inspector General of the Department of 
     Commerce under the same conditions set forth in subsection 
     (b) for audits by the Comptroller General of the United 
     States.
       (d) Recordkeeping Requirements; Audit and Examination of 
     Books.--
       (1) Recordkeeping requirements.--The Corporation shall 
     ensure that each recipient of assistance from the Corporation 
     keeps--
       (A) separate accounts with respect to such assistance;
       (B) such records as may be reasonably necessary to fully 
     disclose--
       (i) the amount and the disposition by such recipient of the 
     proceeds of such assistance;
       (ii) the total cost of the project or undertaking in 
     connection with which such assistance is given or used; and
       (iii) the amount and nature of that portion of the cost of 
     the project or undertaking supplied by other sources; and
       (C) such other records as will facilitate an effective 
     audit.
       (2) Audit and examination of books.--The Corporation shall 
     ensure that the Corporation, or any of the Corporation's duly 
     authorized representatives, shall have access for the purpose 
     of audit and examination to any books, documents, papers, and 
     records of any recipient of assistance from the Corporation 
     that are pertinent to such assistance. Representatives of the 
     Comptroller General shall also have such access for such 
     purpose.

     SEC.  06. ANNUAL REPORT; TESTIMONY TO THE CONGRESS.

       (a) Annual Report.--Not later than April 30 of each year, 
     the Corporation shall publish an annual report for the 
     preceding fiscal year and submit that report to the President 
     and the Congress. The report shall include a comprehensive 
     and detailed evaluation of the Corporation's operations, 
     activities, financial condition, and accomplishments under 
     this title and may include such recommendations as the 
     Corporation deems appropriate.
       (b) Testimony Before Congress.--The members of the Board of 
     Directors, and officers, of the Corporation shall be 
     available to testify before appropriate committees of the 
     Congress with respect to the report described in subsection 
     (a), the report of any audit made by the Comptroller General 
     pursuant to this title, or any other matter which any such 
     committee may determine appropriate.
                                 ______


                    SIMON AMENDMENTS NOS. 1283-1284

  (Ordered to lie on the table.)
  Mr. SIMON submitted an amendment intended to be proposed by him to 
the bill S. 652, supra; as follows:

                           Amendment No. 1283

       On page 82, between lines 4 and 5, insert the following:
       (e) Superseding Rule on Radio Ownership.--In lieu of making 
     the modification required by the first sentence of subsection 
     (b)(2), the Commission shall modify its rules set forth in 47 
     CFR 73,3555 by limiting to 50 AM or 50 FM broadcast stations 
     the number of such stations which may be owned or controlled 
     by one entity nationally.
                                                                    ____


                           Amendment No. 1284

       On page 31, insert at the appropriate place the following:
       ``(d) Biennial Audit.--
       ``(1) General requirement.--A company required to operate a 
     separate subsidiary under this section shall obtain and pay 
     for an audit every 2 years conducted by an independent 
     auditor selected by, and working at the direction of, the 
     State
      commission of each State in which such company provides 
     service, to determine whether such company has complied 
     with this section and the regulations promulgated under 
     this section, and particularly whether such company has 
     complied with the separate accounting requirements under 
     subsection (b).
       ``(2) Results submitted to commission; state commissions.--
     The auditor described in paragraph (1) shall submit the 
     results of the audit to the Commission and to the State 
     commission of each State in which the company audited 
     provides service, which shall make such results available for 
     public inspection. Any party may submit comments on the final 
     audit report.
       ``(3) Regulations.--The audit required under paragraph (1) 
     shall be conducted in accordance with procedures established 
     by regulation by the State commission of the State in which 
     such company provides service. The regulations shall include 
     requirements that--
       ``(A) each audit submitted to the Commission and to the 
     State commission is certified by the auditor responsible for 
     conducting the audit; and
       ``(B) each audit shall be certified by the person who 
     conducted the audit and shall identify with particularity any 
     qualifications or limitations on such certification and any 
     other information relevant to the enforcement of the 
     requirements of this section.
       ``(4) Commission review.--The Commission shall periodically 
     review and analyze the audits submitted to it under this 
     subsection.
       ``(5) Access to documents.--For purposes of conducting 
     audits and reviews under this subsection--
       ``(A) the independent auditor, the Commission, and the 
     State commission shall have access to the financial accounts 
     and records of each company and of its subsidiaries necessary 
     to verify transactions conducted with that company that are 
     relevant to the specific activities permitted under this 
     section and that are necessary for the regulation of rates;
       ``(B) the Commission and the State commission shall have 
     access to the working papers and supporting materials of any 
     auditor who performs an audit under this section; and
       ``(C) the State commission shall implement appropriate 
     procedures to ensure the protection of any proprietary 
     information submitted to it under this section.
                                 ______


                 McCAIN (AND OTHERS) AMENDMENT NO. 1285

  (Ordered to lie on the table.)
  Mr. McCAIN (for himself, Ms. Snowe, Mr. Rockefeller, Mr. Exon, Mr. 
Kerrey, and Mr. Craig) submitted an amendment intended to be proposed 
by him to the bill, S. 652, supra; as follows:

       At the end of section 310 of the Act, add the following:
       (  ) No entity listed in this section shall be entitled for 
     preferential rates or treatment as required by this section, 
     if such entity operates as a for-profit business, is a school 
     as defined in sec. 264(d)(1) with an endowment of more than 
     $50 million dollars, or is a library not eligible for 
     participation in state-based plane for Library Services and 
     Construction Act Title III funds.
                                 ______


                        SIMON AMENDMENT NO. 1286

  (Ordered to lie on the table.)
  Mr. SIMON submitted an amendment intended to be proposed by him to 
the bill, S. 652, supra; as follows:

       On page 79, line 11, in the language added by the Dole 
     amendment #1255 (as modified), insert the following:
       (3) Superseding Rule on Radio Ownership.--In lieu of making 
     the modification required by the first sentence of subsection 
     (b)(2), the Commission shall modify its rules set forth in 47 
     CFR 73,3555 by limiting to 50 AM or 50 FM broadcast stations 
     the number of such stations which may be owned or controlled 
     by one entity nationally.
                                 ______


                       BUMPERS AMENDMENT NO. 1287

  (Ordered to lie on the table.)
  Mr. BUMPERS submitted an amendment intended to be proposed by him to 
the bill, S. 652, supra; as follows:

       In section 206(b) of the bill, strike ``described in 
     subsection (a)(1)''.
                                 ______


                 LEAHY (AND OTHERS) AMENDMENT NO. 1288

  (Ordered to lie on the table.)
  Mr. LEAHY (for himself, Ms. Moseley-Braun, Mr. Feingold, and Mr. 
Kerrey) submitted an amendment intended to be proposed by him to the 
bill, S. 652, supra; as follows:

       On page 137, strike out line 7 and all that follows through 
     page 144, line 19, and insert in lieu thereof the following:
     [[Page S8271]]
     
     SEC. 402. OBSCENE PROGRAMMING ON CABLE TELEVISION.

       Section 639 (47 U.S.C. 559) is amended by striking 
     ``$10,000'' and inserting ``$100,000''.

     SEC. 403. BROADCASTING OBSCENE LANGUAGE ON RADIO.

       Section 1464 of title 18, United States Code, is amended by 
     striking out ``$10,000'' and inserting ``$100,000''.

     SEC. 404. REPORT ON MEANS OF RESTRICTING ACCESS TO UNWANTED 
                   MATERIAL IN INTERACTIVE TELECOMMUNICATIONS 
                   SYSTEMS.

       (a) Report.--Not later than 150 days after the date of the 
     enactment of this Act, the Attorney General shall submit to 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives a report containing--
       (1) an evaluation of the enforceability with respect to 
     interactive media of current criminal laws governing the 
     distribution of obscenity over computer networks and the 
     creation and distribution of child pornography by means of 
     computers;
       (2) an assessment of the Federal, State, and local law 
     enforcement resources that are currently available to enforce 
     such laws;
       (3) an evaluation of the technical means available--
       (A) to enable parents to exercise control over the 
     information that their children receive by interactive 
     telecommunications systems so that children may avoid 
     violent, sexually explicit, harassing, offensive, and other 
     unwanted material on such systems;
       (B) to enable other users of such systems to exercise 
     control over the commercial and noncommercial information 
     that they receive by such systems so that such users may 
     avoid violent, sexually explicit, harassing, offensive, and 
     other unwanted material on such systems; and
       (C) to promote the free flow of information, consistent 
     with the values expressed in the Constitution, in interactive 
     media; and
       (4) recommendations on means of encouraging the development 
     and deployment of technology, including computer hardware and 
     software, to enable parents and other users of interactive 
     telecommunications systems to exercise the control described 
     in subparagraphs (A) and (B) of paragraph (3).
       (b) Consultation.--In preparing the report under subsection 
     (a), the Attorney General shall consult with the Assistant 
     Secretary of Commerce for Communications and Information.

     SEC. 405. ADDITIONAL PROHIBITION ON BILLING FOR TOLL-FREE 
                   TELEPHONE CALLS.
                                 ______


                 LEAHY (AND OTHERS) AMENDMENT NO. 1289

  (Ordered to lie on the table.)
  Mr. LEAHY (for himself, Mr. Feingold, Mr. Simpson, Mr. Simon, and Mr. 
Kerrey) submitted an amendment intended to be proposed by them to the 
bill, S. 652, supra; as follows:

       On page 93, strike out line 7 and all that follows through 
     line 12 and insert in lieu thereof the following:
       ``(ii) Nothing in this subsection shall prevent a State 
     from ordering the implementation of toll dialing parity in an 
     intraLATA area by a Bell operating company before the Bill 
     operating company has been granted authority under this 
     subsection to provide interLATA services in that area.''.
                                 ______


                    LEAHY AMENDMENTS NOS. 1290-1291

  (Ordered by lie on the table.)
  Mr. LEAHY submitted two amendments intended to be proposed by him to 
the bill, S. 652, supra; as follows:

                           Amendment No. 1290

       On page 116, between lines 2 and e, insert the following:
       ``(D) Notwithstanding any other provision this Act, the 
     Commission and the States may, in establishing any such 
     alternative form of regulation, take into account the 
     earnings of a telecommunications carrier in order to ensure 
     that the rates for the services of such carrier which are not 
     subject to effective competition are just, reasonable, and 
     affordable.''.
                                                                    ____


                           Amendment No. 1291

       On page 24, beginning on line 20, strike out ``no State 
     court'' and all that follows through ``under this section''.
                                 ______


                     ROCKEFELLER AMENDMENT NO. 1292

  (Ordered to lie on the table.)
  Mr. ROCKEFELLER submitted an amendment intended to be proposed by him 
to the bill, S. 652, supra; as follows:

       In section 264 of the Communications Act of 1934, as added 
     by section 310 of the bill beginning on page 132, strike 
     subsections (a) and (b) and insert the following:
       ``(a) In General.--
       ``(1) Health care providers for rural areas.--A 
     telecommunications carrier shall, upon receiving a bona fide 
     request, provide telecommunications services which are 
     necessary for the provision of health care services, 
     including instruction relating to such services, at rates 
     that are reasonably comparable to rates charged for similar 
     services in urban areas to any public or nonprofit health 
     care provider that serves persons who reside in rural areas. 
     A telecommunications carrier providing service pursuant to 
     this paragraph shall be entitled to have an amount equal to 
     the difference, if any, between the price for services 
     provided to health care providers for rural areas and the 
     price for similar services provided to other customers in 
     comparable urban areas treated as a service obligation as a 
     part of its obligation to participate in the mechanisms to 
     preserve and advance universal service under section 253(c).
       ``(2) Educational providers and libraries.--All 
     telecommunications carriers serving a geographic area shall, 
     upon a bona fide request, provide to elementary schools, 
     secondary schools, and libraries universal services (as 
     defined in section 253) that permit such schools and 
     libraries to provide or receive telecommunications services 
     for educational purposes at rates less than the amounts 
     charged for similar services to other parties. The discount 
     shall be an amount that the Commission and the States 
     determine is appropriate and necessary to ensure affordable 
     access to and use of such telecommunications by such 
     entities. A telecommunications carrier providing service 
     pursuant to this paragraph shall be entitled to have an 
     amount equal to the amount of the discount treated as a 
     service obligation as part of its obligation to participate 
     in the mechanisms to preserve and advance universal service 
     under section 253(c).
       ``(b) Universal Service Mechanisms.--The Commission shall 
     include consideration of the universal service provided to 
     public institutional telecommunications users in any 
     universal service mechanism it may establish under section 
     253.
                                 ______


                 McCAIN (AND OTHERS) AMENDMENT NO. 1293

  (Ordered to lie on the table.)
  Mr. McCAIN (for himself, Mr. Packwood, and Mr. Craig) submitted an 
amendment intended to be proposed by them to the bill, S. 652, supra; 
as follows:

       On page 119, strike out line 3 and all that follows through 
     page 120, line 4, and insert in lieu thereof the following:
       ``(a) Regulatory Forbearance.--The Commission shall forbear 
     from applying any regulation or any provision of this Act to 
     a telecommunications carrier or service, or class of carriers 
     or services, in any or some of its or their geographic 
     markets, if the Commission determines that--
       ``(1) enforcement of such regulation or provision is not 
     necessary for the protection of consumers; and
       ``(2) the absence of such regulation or provision will not 
     constitute a barrier to competition.
       ``(b) Elimination of Regulation of Common Carriers Other 
     Than Local Exchange Carriers.--The Commission shall not apply 
     any provision of part I of title II (except sections 201, 
     202, 208, and 223 through 229) to any carrier other than a 
     local exchange carrier in any market.
       ``(c) Elimination of Regulation of Local Exchange 
     Carriers.--The Commission shall not apply any provision of 
     part I of title II (except sections 201, 202, 208, and 223 
     through 229) to any service of a local exchange carrier in 
     any market that is open for competition as a result of--
       ``(1) the elimination of the barriers to entry pursuant to 
     section 254;
       ``(2) compliance by the carrier providing such service with 
     section 251; and
       ``(3) compliance by a Bell operating company with section 
     252, except to the extent granted an exception from such 
     compliance pursuant to subsection (g) of that section.
       ``(d) Determinations.--A carrier may apply to the 
     Commission for a determination that the provisions of 
     subsection (a) or (c) apply to the carrier. The Commission 
     shall determine whether or not such provisions apply to the 
     carrier not later than 180 days after the date of its 
     submission. If the Commission does not make a determination 
     on an application within the time required for the 
     determination in the preceding sentence, such provisions 
     shall be deemed to apply to the carrier.
       ``(e) Rates.--A carrier to which section 203 does not apply 
     by reason of subsection (b) or (c) shall, upon request, make 
     available for public inspection the rates such carrier 
     charges for telecommunications services.
       ``(f) Limitation.--Except as provided in section
                                 ______


                       SPECTER AMENDMENT NO. 1294

  (Ordered to lie on the table.)
  Mr. SPECTER submitted an amendment intended to be proposed by him to 
the bill, S. 652, supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC.   . TELECOMMUTING PUBLIC INFORMATION PROGRAM.

       (a) Findings.--Congress makes the following findings--
       (1) Telecommuting is the practice of allowing people to 
     work either at home or in nearby centers located closer to 
     home during their normal working hours, substituting 
     telecommunications services, either partially or completely, 
     for transportation to a more traditional workplace;
       (2) Telecommuting is now practiced by an estimated two to 
     seven million Americans, including individuals with impaired 
     mobility, who are taking advantage of computer 
     [[Page S8272]] and telecommunications advances in recent 
     years;
       (3) Telecommuting has the potential to dramatically reduce 
     fuel consumption, mobile source air pollution, vehicle miles 
     traveled, and time spent commuting, thus contributing to an 
     improvement in the quality of life for millions of Americans; 
     and
       (4) It is in the public interest for the Federal Government 
     to collect and disseminate information encouraging the 
     increased use of telecommuting and identifying the potential 
     benefits and costs of telecommuting.
       (b) Telecommuting Research and Public Information 
     Dissemination Program.--The Secretary of Transportation, in 
     consultation with the Secretary of Labor and the 
     Administrator of the Environmental Protection Agency, shall, 
     in accordance with this section and within three months of 
     the date of enactment of this Act, establish a comprehensive 
     program to--
       (1) Carry out research to identify successful telecommuting 
     programs in the public and private sectors; and
       (2) Provide for the dissemination of information described 
     in paragraph (b)(1) to the public.
       (c) Report.--Within one year of the establishment of the 
     program described in subsection (b), the Secretary of 
     Transportation shall report to Congress the findings and 
     conclusions reached under this program.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation such 
     sums as may be necessary to carry out the program established 
     by this section.
                                 ______


                  LIEBERMAN AMENDMENTS NOS. 1295-1298

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted four amendments intended to be proposed by 
him to the bill, S. 652, supra; as follows:

                           Amendment No. 1295

       At the appropriate place, insert the following new section:

     SEC.   . DETERMINATION OF REASONABLENESS OF CABLE RATES.

       (a) Commission Consideration.--Notwithstanding any other 
     provision of this Act or section 623(c), as amended by this 
     Act, for purposes of section 623(c), the Commission may only 
     consider a rate for cable programming services to be 
     unreasonable if it substantially exceeds the average rate for 
     comparable programming services in cable systems subject to 
     effective competition.
       (b) Rates of Small Cable Companies.--
       (1) In general.--Notwithstanding any other provision of 
     this Act or the amendments made by this Act, the regulations 
     prescribed under section 623(c) shall not apply to the rates 
     charged by small cable companies for the cable programming 
     services provided by such companies.
       (2) Definition.--As used in this subsection, the term 
     `small cable company' means the following:
       (A) A cable operator whose number of subscribers is less 
     than 35,000.
       (B) A cable operator that operates multiple cable systems, 
     but only if the total number of subscribers of such operator 
     is less than 400,000 and only with respect to each system of 
     the operator that has less than 35,000 subscribers.
                                                                    ____


                           Amendment No. 1296

       At the appropriate place, insert the following new section:

     SEC.   . DETERMINATION OF REASONABLENESS OF CABLE RATES.

       (a) Commission Consideration.--Notwithstanding any other 
     provision of this Act or section 623(c), as amended by this 
     Act, for purposes of section 623(c), the Commission may only 
     consider a rate for cable programming services to be 
     unreasonable if it exceeds the national average rate for 
     comparable programming services in cable systems subject to 
     effective competition.
       (b) Rates of Small Cable Companies.--
       (1) In general.--Notwithstanding any other provision of 
     this Act or the amendments made by this Act, the regulations 
     prescribed under section 623(c) shall not apply to the rates 
     charged by small cable companies for the cable programming 
     services provided by such companies.
       (2) Definition.--As used in this subsection, the term 
     `small cable company' means the following:
       (A) A cable operator whose number of subscribers is less 
     than 35,000.
       (B) A cable operator that operates multiple cable systems, 
     but only if the total number of subscribers of such operator 
     is less than 400,000 and only with respect to each system of 
     the operator that has less than 35,000 subscribers.
                                                                    ____

                           Amendment No. 1297

       On page 71, between lines 5 and 6, insert the following:
       (d) Limitation on Increase in Cable Rates.--(1) 
     Notwithstanding any other provision of this Act, the rate 
     charged by a cable system for cable programming services in a 
     calendar year may not exceed the rate charged by the system 
     for such services in the calendar year preceding such 
     calendar year by an amount whose percentage of the rate 
     charged in such preceding calendar year is greater than the 
     percentage by which--
       (A) the Consumer Price Index (all items, United States city 
     average) for the 12-month period ending on January 1 of the 
     year concerned, exceeds
       (B) such Consumer Price Index for the 12-month period 
     preceding the 12-month period referred to in subparagraph 
     (A).
       (2) For purposes of this subsection:
       (A) The term ``cable programming services'' has the meaning 
     given such term in section 634(l)(2) of the Communications 
     Act of 1934 (47 U.S.C. 543(l)(2)).
       (B) The term ``cable system'' has the meaning given such 
     term in section 602(7) of such Act (47 U.S.C. 522(7)).
                                                                    ____


                           Amendment No. 1298

       At the appropriate place, insert the following new section:

     SEC.   . DETERMINATION OF REASONABLENESS OF CABLE RATES.

       (a) Commission Consideration.--Notwithstanding any other 
     provision of this Act or section 623(c), as amended by this 
     Act, for purposes of section 623(c), the Commission may only 
     consider a rate for cable programming services to be 
     unreasonable if it substantially exceeds the national average 
     rate for comparable programming services in cable systems 
     subject to effective competition.
       (b) Rates of Small Cable Companies.--
       (1) In general.--Notwithstanding any other provision of 
     this Act or the amendments made by this Act, the regulations 
     prescribed under section 623(c) shall not apply to the rates 
     charged by small cable companies for the cable programming 
     services provided by such companies.
       (2) Definition.--As used in this subsection, the term 
     `small cable company' means the following:
       (A) A cable operator whose number of subscribers is less 
     than 35,000.
       (B) A cable operator that operates multiple cable systems, 
     but only if the total number of subscribers of such operator 
     is less than 400,000 and only with respect to each system of 
     the operator that has less than 35,000 subscribers.
                                 ______


                       BREAUX AMENDMENT NO. 1299

  (Ordered to lie on the table.)
  Mr. BREAUX submitted an amendment intended to be proposed by him to 
the bill, S. 652, supra; as follows:

       On page 123, line 10, add the following new sentence:
       ``This section shall take effect upon a determination by 
     the United States Coast Guard that at least 80% of vessels 
     required to implement the Global Maritime Distress and Safety 
     System have the equipment required by such System installed 
     and operating in good working condition.''
                                 ______


                   STEVENS AMENDMENTS NOS. 1300-1302

  (Ordered to lie on the table.)
  Mr. STEVENS submitted three amendments intended to be proposed by him 
to the bill, S. 652, supra; as follows:

                           Amendment No. 1300

       On page 36, between lines 23 and 24, insert the following 
     new subsection and renumber the remaining subsections 
     accordingly:
       (a) Findings.--The Congress finds that--
       (1) the existing system of universal service has evolved 
     since 1930 through an ongoing dialogue between industry, 
     various Federal-State Joint Boards, the Commission, and the 
     courts;
       (2) this system has been predicated on rates established by 
     the Commission and the States that require implicit cost 
     shifting by monopoly providers of telephone exchange service 
     through both local rates and access charges to interexchange 
     carriers;
       (3) the advent of competition for the provision of 
     telephone exchange service has led to industry requests that 
     the existing system be modified to make support for universal 
     service explicit and to require that all telecommunications 
     carriers participate in the modified system on a 
     competitively neutral basis; and
       (4) modification of the existing system is necessary to 
     promote competition in the provision of telecommunications 
     services and to allow competition and new technologies to 
     reduce the need for universal service support mechanisms.
       On page 38, beginning on line 15, strike all through page 
     43, line 2, and insert the following:

     ``SEC. 253. UNIVERSAL SERVICE.

       ``(a) Universal Service Principles.--The Joint Board and 
     the Commission shall base policies for the preservation and 
     advancement of universal service on the following principles:
       ``(1) Quality services are to be provided at just, 
     reasonable, and affordable rates.
       ``(2) Access to advanced telecommunications and information 
     services should be provided in all regions of the Nation.
       ``(3) Consumers in rural and high cost areas should have 
     access to telecommunications and information services, 
     including interexchange services, that are reasonably 
     comparable to those services provided in urban areas.
       ``(4) Consumers in rural and high cost areas should have 
     access to telecommunications and information services at 
     rates that are reasonably comparable to rates charged for 
     similar services in urban areas.
       ``(5) Consumers in rural and high cost areas should have 
     access to the benefits of advanced telecommunications and 
     information [[Page S8273]] services for health care, 
     education, economic development, and other public purposes.
       ``(6) There should be a coordinated Federal-State universal 
     service system to preserve and advance universal service 
     using specific and predictable Federal and State mechanisms 
     administered by an independent, non-governmental entity or 
     entities.
       ``(7) Elementary and secondary schools and classrooms 
     should have access to advanced telecommunications services.
       ``(b) Definition.--
       ``(1) In general.--Universal service is an evolving level 
     of intrastate and interstate telecommunications services that 
     the Commission, based on recommendations from the public, 
     Congress, and the Federal-State Joint Board periodically 
     convened under section 103 of the Telecommunications Act of 
     1995, and taking into account advances in telecommunications 
     and information technologies and services, determines--
       ``(A) should be provided at just, reasonable, and 
     affordable rates to all Americans, including those in rural 
     and high cost areas and those with disabilities;
       ``(B) are essential in order for Americans to participate 
     effectively in the economic, academic, medical, and 
     democratic processes of the Nation; and
       ``(C) are, through the operation of market choices, 
     subscribed to by a substantial majority of residential 
     customers.
       ``(2) Different definition for certain purposes.--The 
     Commission may establish a different definition of universal 
     service for schools, libraries, and health care providers for 
     the purposes of section 264.
       ``(c) All Telecommunications Carriers Must Participate.--
     Every telecommunications carrier engaged in instrastate, 
     interstate, or foreign communication shall participate, on an 
     equitable and nondiscriminatory basis, in the specific and 
     predictable mechanisms established by the Commission and the 
     States to preserve and advance universal service. Such 
     participation shall be in the manner determined by the 
     Commission and the States to be reasonably necessary to 
     preserve and advance universal service. Any other provider of 
     telecommunications may be required to participate in the 
     preservation and advancement of universal service, if the 
     public interest so requires.
       ``(d) State Authority.--A State may adopt regulations to 
     carry out its responsibilities under this section, or to 
     provide for additional definitions, mechanisms, and standards 
     to preserve and advance universal service within that State, 
     to the extent that such regulations do not conflict with the 
     Commission's rules to implement this section. A State may 
     only enforce additional definitions or standards to the 
     extent that it adopts additional specific and predictable 
     mechanisms to support such definitions or standards.
       ``(e) Eligibility for Universal Service Support.--To the 
     extent necessary to provide for specific and predictable 
     mechanisms to achieve the purposes of this section, the 
     Commission shall modify its existing rules for the 
     preservation and advancement of universal service. Only 
     essential telecommunications carriers designated under 
     section 214(d) shall be eligible to receive support for the 
     provision of universal service. Such support, if any, shall 
     accurately reflect what is necessary to preserve and advance 
     universal service in accordance with this section and the 
     other requirements of this Act.
       ``(f) Universal Service Support.--The Commission and the 
     States shall have as their goal the need to make any support 
     for universal service explicit, and to target that support to 
     those essential telecommunications carriers that serve areas 
     for which such support is necessary. The specific and 
     predictable mechanisms adopted by the Commission and the 
     States shall ensure that essential telecommunications 
     carriers are able to provide universal service at just, 
     reasonable, and affordable rates. A carrier that receives 
     universal service support shall use that support only for the 
     provision, maintenance, and upgrading of facilities and 
     services for which the support is intended.
       ``(g) Interexchange Service.--The rates charged by any 
     provider of interexchange telecommunications service to 
     customers in rural and high cost areas shall be no higher 
     than those charged by such provider to its customers in urban 
     areas.
       ``(h) Subsidy of Competitive Services Prohibited--A 
     telecommunications carrier may not use services that are not 
     competitive to subsidize competitive services. The 
     Commission, with respect to interstate services, and the 
     States, with respect to intrastate services, shall establish 
     any necessary cost allocation rules, accounting safeguards, 
     and guidelines to ensure that services included in the 
     definition of universal service bear no more than a 
     reasonable share of the joint and common costs of facilities 
     used to provide those services.
       ``(i) Congressional Notification Required.--
       ``(1) In general.--The Commission may not take action to 
     require participation by telecommunications carriers or other 
     providers of telecommunications under subsection (c), or to 
     modify its rules to increase support for the preservation and 
     advancement of universal service, until--
       ``(A) 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 
     participation required, or the increase in support proposed, 
     as appropriate; and
       ``(B) a period of 120 days has elapsed since the date the 
     report required under paragraph (1) was submitted.
       ``(2) Not applicable to reductions.--This subsection shall 
     not apply to any action taken to reduce costs to carriers or 
     consumers.
       ``(j) Effect on Commission's Authority.--Nothing in this 
     section shall be construed to expand or limit the authority 
     of the Commission to preserve and advance universal service 
     under this Act. Further, nothing in this section shall be 
     construed to require or prohibit the adoption of any specific 
     type of mechanism for the preservation and advancement of 
     universal service.
       ``(k) Effective Date.--This section takes effect on the 
     date of enactment of the Telecommunications Act of 1995, 
     except for subsections (c), (d), (e), (f), and (i) which take 
     effect one year after the date of enactment of that Act.''.
       The language on page 43, beginning with ``receive'' on line 
     25, through ``253.'' on page 44, line 1, is deemed to read 
     ``receive universal service support under section 253.''.
       In section 264 of the Communications Act of 1934, as added 
     by section 310 of the bill beginning on page 132, strike 
     subsections (a) and (b) and insert the following:
       ``(a) In General.--
       ``(1) Health care providers for rural areas.--A 
     telecommunications carrier shall, upon receiving a bona fide 
     request, provide telecommunications services which are 
     necessary for the provision of health care services, 
     including instruction relating to such services, at rates 
     that are reasonably comparable to rates charged for similar 
     services in urban areas to any public or non-profit health 
     care provider that serves persons who reside in rural areas. 
     A telecommunications carrier providing service pursuant to 
     this paragraph shall be entitled to have an amount equal to 
     the difference, if any, between the price for services 
     provided to health care providers for rural areas and the 
     price for similar services provided to other customers in 
     comparable urban areas treated as a service obligation as a 
     part of its obligation to participate in the mechanisms to 
     preserve and advance universal service under section 253(c).
       ``(2) Educational providers and libraries.--All 
     telecommunications carriers serving a geographic area shall, 
     upon a bona fide request, provide to elementary schools, 
     secondary schools, and libraries universal services (as 
     defined in section 253) that permit such schools and 
     libraries to provide or receive telecommunications services 
     for educational purposes at rates less than the amounts 
     charged for similar services to other parties. The discount 
     shall be an amount that the Commission and the States 
     determine is appropriate and necessary to ensure affordable 
     access to and use of such telecommunications by such 
     entities. A telecommunications carrier providing service 
     pursuant to this paragraph shall be entitled to have an 
     amount equal to the amount of the discount treated as a 
     service obligation as part of its obligation to participate 
     in the mechanisms to preserve and advance universal service 
     under section 253(c).
       ``(b) Universal Service Mechanisms.--The Commission shall 
     include consideration of the universal service provided to 
     public institutional telecommunications users in any 
     universal service mechanism it may establish under section 
     253.
                                                                    ____

                           Amendment No. 1301

       At the appropriate place insert the following:
       In section 3(tt) of the Communications Act of 1934, as 
     added by section 8(b) of the bill on page 14, strike 
     ``services.'' and insert the following: ``provided, however, 
     that in the case of a Bell operating company affiliate, such 
     geographic area shall be no smaller than the LATA area for 
     such affiliate on the date of enactment of the 
     Telecommunications Act of 1995.''
                                                                    ____


                           Amendment No. 1302

       On page 28 before line 6 insert the following:
       ``(m) Commercial Mobile Service Providers.--The 
     requirements of this section shall not apply to commercial 
     mobile services provided by a wireline local exchange carrier 
     unless the Commission determines under subsection (a)(3) that 
     such carrier has market power in the provision of commercial 
     mobile service.''
                                 ______


                STEVENS (AND OTHERS) AMENDMENT NO. 1303

  (Ordered to lie on the table.)
  Mr. STEVENS (for himself and Mr. Inouye) submitted an amendment 
intended to be proposed by them to the bill, S. 652, supra; as follows:

       Page 86, line 25, after ``basis'' insert a comma and 
     ``reflecting the actual cost of providing those services or 
     functions to another carrier,''
                                 ______


                       STEVENS AMENDMENT NO. 1304
  (Ordered to lie on the table.)
  Mr. STEVENS submitted an amendment intended to be proposed by him to 
the bill, S. 652, supra; as follows:

       In subsection (d) of the section captioned ``SPECTRUM 
     AUCTIONS'' added to the bill by amendment, strike ``three 
     frequency [[Page S8274]] bands (225-400 megahertz, 3625-3650 
     megahertz,'' and insert ``two frequency bands (3625-3650 
     megahertz''.
                                 ______


                       DASCHLE AMENDMENT NO. 1305

  (Ordered to lie on the table.)
  Mr. DASCHLE submitted an amendment intended to be proposed by them to 
the bill, S. 652, supra; as follows:

       On page 93 strike line 7 and all that follows through line 
     12, and insert in lieu thereof the following:
       ``(ii) During the period beginning on the date of enactment 
     of this Act, and ending 36 months after such date, a State 
     may not require a Bell operating company to implement toll 
     dialing parity in an intraLATA area before a Bell operating 
     company has been granted authority under this subsection to 
     provide interLATA services in that area, except that a State 
     may order the implementation of toll dialing parity in an 
     intraLATA area during such period if the state issued an 
     order by June 1, 1995 requiring a Bell operating company to 
     implement toll dialing parity.''.
                                 ______


                    KERREY AMENDMENTS NOS. 1306-1316

  Mr. KERREY submitted 11 amendments intended to be proposed by him to 
the bill, S. 652, supra; as follows:

                           Amendment No. 1306

       On page 107, after line 23, insert the following:
       ``(d) Payment of Civil Penalties.--No civil penalties 
     assessed against a local exchange carrier as a result of a 
     violation of this section will be charged directly or 
     indirectly to that company's rate payers.''
                                                                    ____


                           Amendment No. 1307

       On page 83, strike out line 12 and all that follows through 
     line 20 and insert in lieu thereof the following:
       ``(b) Specific InterLATA Interconnection Requirements.--
       ``(1) In general.--A Bell operating company may provide 
     interLATA services in accordance with this section only if 
     that company has reached interconnection agreements under 
     section 251 with telecommunications carriers that have 
     requested interconnection for the purpose of providing 
     telephone exchange service or exchange access service, 
     including telecommunications carriers capable of providing a 
     substantial number of business and residential customers with 
     telephone exchange or exchange access service. Those 
     agreements shall provide, at a minimum, for interconnection 
     that meets the competitive checklist requirements of 
     paragraph (2).
                                                                    ____

                           Amendment No. 1308

       Strike Section 204.
                                                                    ____


                          Amendment No. 1309.

       Strike subsection (b) of Section (207).
                                                                    ____


                           Amendment No. 1310

       On page 112, at the end of line 17, insert the following 
     sentence: ``Pricing flexibility implemented pursuant to this 
     section shall be for the purpose of allowing a regulated 
     telecommunications provider to respond fairly to competition 
     by repricing services subject to competition but shall not 
     have the effect of shifting revenues from competitive 
     services to non-competitive services.''
                                                                    ____


                           Amendment No. 1311

       On page 36, strike line 23 and insert in lieu thereof the 
     following:

     SEC. 103. NATIONAL POLICY GOALS.

       Section 1 (47 U.S.C. 151) is amended by inserting ``(a)'' 
     before ``For the purpose of'' and by adding at the end the 
     following new subsection:
       ``(b) The primary objective of United States national and 
     international communications policy shall be to protect the 
     public interest. The public interest shall include the 
     following:
       ``(1) To ensure that every person has access to reasonably 
     evolving telecommunications services at just, reasonable, and 
     affordable rates taking into account advances in 
     telecommunications and information technology.
       ``(2) To promote the development and widespread 
     availability of new technologies and advanced 
     telecommunications and information services to all persons 
     regardless of location or disability.
       ``(3) To ensure that consumers have access to diverse 
     sources of information.
       ``(4) To promote learning, education, and knowledge.
       ``(5) To ensure reasonably comparable services at 
     reasonably comparable rates for consumers in urban and rural 
     areas.
       ``(6) To allow each individual the opportunity to 
     contribute to the free flow of ideas and information through 
     telecommunications and information services.
       ``(7) To maximize the contribution of communications and 
     information technologies and services to economic development 
     and quality of life.
       ``(8) To protect each individual's right to control the use 
     of information concerning his or her use of 
     telecommunications services.
       ``(9) To provide secure and reliable services for Federal, 
     State, and local government emergency response.
       ``(10) To make available so far as possible, to all the 
     people of the United States, regardless of race, color, 
     national origin, income, residence in a rural or urban area, 
     or disability, high capacity two-way communications networks 
     capable of enabling users to originate and receive affordable 
     and accessible high quality voice, data, graphics, video, and 
     other types of telecommunications services.''.

     SEC. 103. UNIVERSAL SERVICE PROTECTION AND ADVANCEMENT.

       (a) In General.--Title II (47 U.S.C. 201 et seq.) is 
     amended by inserting after section 201 the following new 
     section:

     ``SEC. 201A. UNIVERSAL SERVICE PROTECTION AND ADVANCEMENT.

       ``(a) Universal Service Principles.--The Joint Board and 
     the Commission shall base policies for the preservation and 
     advancement of universal service on the following principles:
       ``(1) Quality services are to be provided at just, 
     reasonable, and affordable rates.
       ``(2) Access to advanced telecommunications and information 
     services should be provided in all regions of the Nation.
       ``(3) Consumers in rural and high cost areas should have 
     access to telecommunications and information services, 
     including interexchange services, reasonably comparable to 
     those services provided in urban areas.
       ``(4) Consumers in rural and high cost areas should have 
     access to telecommunications and information services at 
     rates that are reasonably comparable to rates charged for 
     similar services in urban areas.
       ``(5) Citizens in rural and high cost areas should have 
     access to the benefits of advanced telecommunications and 
     information services for health care, education, economic 
     development, and other public purposes.
       ``(6) There should be a coordinated Federal-State universal 
     service system to preserve and advance universal service 
     administered by an independent, non-governmental entity or 
     person using specific and predictable Federal and State 
     mechanisms.
       ``(7) Consumers should be permitted to exercise choice 
     among telecommunications carriers offering universal service.
       ``(8) Consumers of universal service should have the right 
     to control the use of information concerning their individual 
     use of such service.
                                                                    ____

                           Amendment No. 1312

       Beginning on line 1 of page 117, add the following new 
     paragraphs:
       ``(c) Determination of Average Universal Service Rate.--As 
     part of the Federal-State Joint Board proceeding required 
     under section 103(a)(1), the Commission and the Joint Board 
     shall determine the average rate charged to consumers 
     nationwide for the provision of those services included in 
     the definition of universal service. The Commission and the 
     Joint Board may periodically revise such determination as 
     part of any Federal-State Joint Board proceeding periodically 
     convened under section 103(a)(2).
       ``(d) Support Payments for Costs Above Average Rate.--If 
     the Commission adopts rules for the distribution of 
     interstate support payments to essential telecommunications 
     carriers for the preservation and advancement of universal 
     service under section 253 of the Communications Act of 1934, 
     such rules shall provide that a carrier may only receive such 
     interstate support payments to the extent that the reasonable 
     cost to that carrier of providing the services included in 
     the definition of universal service exceed the amount such 
     carrier may recover from consumers at the average rate 
     determined under subsection (c), or the rate such carrier is 
     allowed to charge the consumer, if such rate is higher than 
     the average rate, whichever results in the lower amount of 
     support payments being made to the carrier.''
                                                                    ____


                           Amendment No. 1313

       On page 116, between lines 2 and 3 insert the following:
       (D) Nothing in this section shall prohibit the Commission, 
     for interstate services, and the States, for interstate 
     services, from considering the profitability of 
     telecommunications carriers when using alternative forms of 
     regulation other than rate of return regulation (including 
     price regulation and incentive regulation) to ensure that 
     regulated rates are just and reasonable.
                                                                    ____


                           Amendment No. 1314

       Strike Section 5 and insert in lieu thereof the following:
     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) Congress has not passed comprehensive changes to the 
     Communications Act of 1934 since that Act was originally 
     passed.
       (2) Congress must pass comprehensive communications 
     legislation to promote the development and growth of the 
     national information superhighway.
       (3) Changes in the telecommunications marketplace have made 
     some of the provisions of the Communications Act of 1934 
     obsolete, unnecessary, or inimical to advances in 
     communications technologies and services.
       (4) Competition has emerged in many services that were 
     previously thought to be natural monopolies, but the 
     Communications Act of 1934 requires all carriers to be 
     regulated as if they were monopolies.
       (5) As communications markets change, government must 
     ensure that the public interest, convenience, and necessity 
     are preserved. [[Page S8275]] 
       (6) The public interest requires that universal service is 
     protected and advanced, that new telecommunications 
     technologies are deployed rapidly and equitably, and that 
     access by schools, hospitals, public broadcasters, libraries, 
     and museums to advanced telecommunications services is 
     assisted.
       (7) Access to telecommunications services is fundamental to 
     safety of life and participation in a democratic society.
       (8) Telecommunications networks make substantial use of 
     public rights of way in real property and in spectrum 
     frequencies, and carriers that make use of such public rights 
     of way have an obligation to provide preferential rates to 
     entities that provide significant public benefits.
       (9) Advanced telecommunications services can enhance the 
     quality of life and promote economic development and 
     international competitiveness.
       (10) Telecommunications infrastructure development is 
     particularly crucial to the continued economic development of 
     rural areas that may lack an adequate industrial or service 
     base for continued development.
       (11) Advancements in the Nation's telecommunications 
     infrastructure will enhance the public welfare by helping to 
     speed the delivery of new services, such as distance 
     learning, remote medical sensing, and distribution of health 
     information.
       (12) Infrastructure advancement can be assisted by joint 
     planning and infrastructure sharing by carriers and other 
     providers of network facilities and services providing 
     communications services.
       (13) Increased competition in telecommunications services 
     can, if subject to appropriate safeguards, encourage 
     infrastructure development and have beneficial effects on the 
     price, universal availability, variety, and quality of 
     telecommunications services.
       (14) The emergence of competition in telecommunications 
     services has already contributed, and can be expected to 
     continue contributing, to the modernization of the 
     infrastructure.
       (15) Competition in the long distance industry and the 
     communications equipment market has brought about lower 
     prices and higher quality services.
       (16) Competition for local communications services has 
     already begun to benefit the public; competitive access 
     providers have deployed thousands of miles of optical fiber 
     in their local networks; local exchange carriers have been 
     prompted by competition to accelerate the installation of 
     optical fiber in their own networks.
       (17) Electric utilities, satellite carriers, and others are 
     prepared to enter the local telephone market over the next 
     few years.
       (18) A diversity of telecommunications carriers enhances 
     network reliability by providing redundant capacity, thereby 
     lessening the impact of any network failure.
       (19) Competition must proceed under rules that protect 
     consumers and are fair to all telecommunications carriers.
       (20) All telecommunications carriers, including competitors 
     to the telephone companies, should contribute to universal 
     service and should make their networks available for 
     interconnection by others.
       (21) Removal of all State and local barriers to entry into 
     the telecommunications services market and provision of 
     interconnection are warranted after mechanisms to protect 
     universal service and rules are established to ensure that 
     competition develops.
       (22) Increasing the availability of interconnection and 
     interoperability among the facilities of telecommunications 
     carriers will help stimulate the development of fair 
     competition among providers.
       (23) The portability of telecommunications numbers will 
     eliminate a significant advantage held by traditional 
     telephone companies over competitors in the provision of 
     telecommunications services.
       (24) Unreasonable restrictions on resale and sharing of 
     telecommunications networks retard the growth of competition 
     and restrict the diversity of services available to the 
     public.
       (25) Additional regulatory measures are needed to allow 
     consumers in rural markets and noncompetitive markets the 
     opportunity to benefit from high-quality telecommunications 
     capabilities.
       (26) Regulatory flexibility for existing providers of 
     telephone exchange service is necessary to allow them to 
     respond to competition.
       (27) The Federal Communications Commission (referred to 
     elsewhere in this Act as the ``Commission'') and the States 
     must have the flexibility to ad
      just their regulations of each provider of 
     telecommunications services to serve the public interest.
       (28) If the efforts of the private sector fail, the 
     Commission should take steps to ensure network reliability 
     and the development of network standards.
       (29) Access to switched, digital telecommunications service 
     for all segments of the population promotes the core First 
     Amendment goal of diverse information sources by enabling 
     individuals and organizations alike to publish and otherwise 
     make information available in electronic form.
       (30) The national welfare will be enhanced if community 
     newspapers are provided ease of entry into the operation of 
     information services disseminated through electronic means 
     primarily to customers in the localities served by such 
     newspapers at rates that are not higher, on a per-unit basis, 
     than the rates charged for such services to any other 
     electronic publisher.
       (31) A clear national mandate is needed for full 
     participation in access to telecommunications networks and 
     services by individuals with disabilities.
       (32) The obligations of telecommunications carriers include 
     the duty to furnish telecommunications services which are 
     designed to be fully accessible to individuals with 
     disabilities in accordance with such standards as the 
     Commission may prescribe.
       (33) Permitting the Bell operating companies to enter the 
     manufacturing market will stimulate greater research and 
     development, create more jobs, and enhance our international 
     competitiveness.
       (34) The Bell operating companies should not be permitted 
     to enter the market for other long distance services until 
     they have eliminated the barriers to competition and 
     interconnection.
       (35) Safeguards are necessary to ensure that the Bell 
     operating companies do not abuse their market power over 
     local telephone service to discriminate against competitors 
     in the markets for electronic publishing, alarm services, and 
     other information services.
       (36) Amending the legal barriers to the provision of video 
     programming by telephone companies in their service areas 
     will encourage telephone companies to upgrade their 
     telecommunications facilities to enable them to deliver video 
     programming, as long as telephone companies and cable 
     companies are prohibited from buying or joint venturing with 
     each other in their service areas (except for certain rural 
     areas).
       (37) As communications technologies and services 
     proliferate, consumers must be given the right to control 
     information concerning their use of those technologies and 
     services.
       (38) As competition in the media increases, the Commission 
     should re-examine the need for national and local ownership 
     limits on broadcast stations, consistent with the need to 
     maintain diversity of information sources.
                                                                    ____

                           Amendment No. 1315

       On page 82, beginning with ``Sec. 255'' on line 11, strike 
     all that follows through line 2, page 99.
       On page 82, after line 10, add the attached paragraphs, 
     except on page 136, line 7, of attachment strike the word 
     ``there'', and all that follows through line 13, and add 
     ``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.''

     ``SEC. 255. INTERLATA TELECOMMUNICATIONS SERVICES.

       ``(a) Authority.--Notwithstanding any restriction or 
     obligation imposed before the date of enactment of the 
     Communications Act of 1994 pursuant to section II(D) of the 
     Modification of Final Judgment, a Bell operating company may 
     engage in the provision of interLATA telecommunications 
     services subject to the requirements of this section and any 
     regulations prescribed thereunder. No Bell operating company 
     or affiliate of a Bell operating company shall engage in the 
     provision of interLATA telecommunications services, except as 
     authorized under this section.
       ``(b) Currently Authorized Activities.--Subsection (a) 
     shall not prohibit a Bell operating company from engaging, at 
     any time after the date of enactment of the Communications 
     Act of 1994, in any activity as authorized by an order 
     entered by the United States District Court for the District 
     of Columbia pursuant to the Modification of Final Judgment if 
     such order was entered on or before such date of enactment.
       ``(c) Petition for Authority for InterLATA 
     Telecommunication Services.--
       ``(l) Application--
       ``(A) In region.--On or after the date of enactment of the 
     Communications Act of 1994, a Bell operating company or 
     affiliate may apply to the Attorney General and the 
     Commission for authorization notwithstanding the Modification 
     of Final Judgment to provide interLATA telecommunications 
     service originating in any area where such Bell operating 
     company is the dominant provider of wireline telephone 
     exchange service. The application shall describe with 
     particularity the nature and scope of the activity and of 
     each product market or service market, and each geographic 
     market for which authorization is sought.
       ``(B) Out of region.--On or after the date of enactment of 
     the Communications Act of 1994, a Bell operating company or 
     affiliate may apply to the Attorney General and the 
     Commission for authorization, notwithstanding the 
     Modification of Final Judgment, to provide interLATA 
     telecommunications services not described in subparagraph 
     (A). The application shall describe with particularity the 
     nature and scope of the activity and of each product market 
     or service market, and each geographic market for which 
     authorization is sought.
       ``(2) Determination by attorney general and commission.--
       ``(A) Determination.--Not later than 180 days after 
     receiving an application made under paragraph (1), the 
     Attorney General and the Commission each shall issue a 
     written determination, on the record after an opportunity for 
     a hearing, with respect to the authorization for which a Bell 
     operating company or affiliate has applied. In making such 
     determinations, the Attorney General and the Commission shall 
     review the whole record.
       ``(B) Approval.--
       ``(i) The Attorney General shall approve the authorization 
     requested in any application submitted under paragraph (1) 
     only to [[Page S8276]] the extent that the Attorney General 
     finds that there is no substantial possibility that such 
     company or its affiliates could use monopoly power in a 
     telephone exchange or exchange access service market to 
     impede competition in the inteLATA telecommunications 
     services market such company or affiliate seeks to enter. The 
     Attorney General shall deny the remainder of the requested 
     authorization.
       (ii) The Commission shall approve the requested 
     authorization only to the extent that the Commission finds 
     that the requested authorization is consistent with the 
     public interest, convenience and necessity. The Commission 
     shall deny the remainder of the requested authorization. For 
     applications submitted under paragraph (1)(A), the Commission 
     shall only find that the requested authorization is 
     consistent with the public interest, convenience, and 
     necessity if the requirements of clause (iii) are satisfied, 
     and shall take into account--
       ``(I) the extent to which granting the requested 
     authorization would benefit consumers;
       ``(II) the likely effect that granting the requested 
     authorization would have on the rates for, and availability 
     of, telephone exchange, interchange, and other 
     telecommunications services;
       ``(III) the availability of alternative providers of 
     telephone exchange service throughout the geographic area in 
     which the Bell operating company or its affiliate seeks to 
     provide service;
       ``(IV) the extent to which there exist barriers to entering 
     the telephone exchange services market, including the extent 
     to which consumers have an opportunity to select their 
     presubscribed telephone exchange service providers by means 
     of a balloting process; and
       ``(V) the potential for cross-subsidization or 
     anticompetitive activity by the Bell operating company. For 
     applications submitted under paragraph (1)(B), the Commission 
     shall take into account subclauses (I), (II), and (V).
       ``(iii) The Commission shall approve a requested 
     authorization for applications submitted under paragraph 
     (1)(A) only if--
       ``(I) the Commission finds that, as prescribed by section 
     230(a), no State or local statute, regulations, or other 
     State or local requirement in effect in the area in which the 
     petitioning Bell operating company or affiliate seeks to 
     originate interLATA telecommunications, prohibits or has the 
     effect of prohibiting the ability of any entity to provide 
     interstate or intrastate telecommunications services in the 
     State and local area where the Bell operating company seeks 
     to originate interLATA services;
       ``(II) either the Commission has adopted and made effective 
     regulations to implement and enforce the requirements of 
     section 201A, or 21 months after the date of enactment of the 
     Communications Act of 1994, whichever is earlier; and
       ``(III) the Commission finds that the Bell operating 
     company has fully implemented the requirements of 
     subparagraphs (A) through (G) of section 230(c)(1), and finds 
     that, at the time of consideration of its application, the 
     Bell operating company is in full compliance with the 
     Commission's regulations to implement and enforce the 
     requirements of section 230(e) and (f), and any State 
     regulations under 230(c)(2), where the Bell operating company 
     seeks to originate interLATA services.
       ``(iv) Any Bell operating company granted authority under 
     paragraph (1)(A) shall provide intraLATA toll dialing parity 
     throughout the market coincident with its exercise of that 
     authority. If the Commission finds that such a Bell operating 
     company has provided interLATA service authorized under this 
     clause before its implementation of intraLATA toll dialing 
     parity throughout that market, or fails to maintain intraLATA 
     toll dialing parity throughout that market, the Commission, 
     except in cases of inadvertent interruptions or other events 
     beyond the control of the Bell operating company, shall 
     suspend the authority to provide interLATA service for that 
     market until the Commission determines that intra LATA toll 
     dialing parity is implemented or reinstated.
       ``(C) Description.--A determination that approves any part 
     of a requested authorization shall describe with 
     particularity the nature and scope of the activity, and of 
     each product market or service market, and each geographic 
     market, to which approval applies.
       ``(3) Publication.--Not later than 10 days after issuing a 
     determination under paragraph (2), the Attorney General and 
     the Federal Communications Commission each shall publish in 
     the Federal Register a brief description of the 
     determination.
       ``(4) Authorization granted.--A requested authorization is 
     granted only to the extent that--
       ``(A) both the Attorney General and the Federal 
     Communications Commission approve the authorization under 
     paragraph (2), unless either of their approvals is vacated, 
     reversed, or remanded as a result of judicial review, or
       ``(B) as a result of such judicial review of either or both 
     determinations, both the Attorney General and the Federal 
     Communications Commission approve the requested 
     authorization.
       ``(d) Judicial Review--
       ``(1) Commencement of action.--Not later than 45 days after 
     a determination by the Attorney General or the Federal 
     Communications Commission is published under subsection 
     (c)(3), the Bell operating company or affiliate that applied 
     to the Attorney General and the Federal Communications 
     Commission under subsection (c)(1), or any person who would 
     be threatened with loss or damage as a result of the 
     determination regarding such company's engaging in the 
     activity described in such company's application, may 
     commence an action in any United States Court of Appeals 
     against the Attorney General or the Federal Communications 
     Commission, as the case may be, for judicial review of the 
     determination regarding the application.
       ``(2) Judgment.--
       ``(A) The Court shall enter a judgment after reviewing the 
     determination in accordance with section 706 of title 5 of 
     the United States State Code.
       ``(B) A judgment--
       ``(i) affirming any part of the determination that approves 
     granting all or part of the requested authorization, or
       ``(ii) reversing any part of the determination that denies 
     all or part of the requested authorization, shall describe 
     with particularity the nature and scope of the activity, and 
     of each product market or service market, and each geographic 
     market, to which the affirmance of reversal applies.
       ``(e) Enforcement.--
       ``(1) Private right of action.--Any person who is injured 
     in its business or property by reason of a violation of this 
     section--
       ``(A) may bring a civil action in any district court of the 
     United States in the district in which the defendant resides 
     or is found or has an agent, without respect to the amount in 
     controversy, and
       ``(B) shall recover threefold the damages sustained, and 
     the costs of suit (including a reasonable attorney's fee). 
     The court may award under this section, pursuant to a motion 
     by such person promptly made, simple interest on actual 
     damages for the period beginning on the date of service of 
     such person's pleading setting forth a claim under this title 
     and ending on the date of judgment, or for any shorter period 
     therein, if the court finds that the award of such interest 
     for such period is just in the circumstances.
       ``(2) Private injunctive relief.--Any person shall be 
     entitled to sue for and have injunctive relief, in any court 
     of the United States having jurisdiction over the parties, 
     against threatened loss or damage by a violation of this 
     section, when and under the same conditions and principles as 
     injunctive relief is available under section 16 of the 
     Clayton Act (15 U.S.C. 26). In any action under this 
     subsection in which the plaintiff substantially prevails, the 
     court shall award the cost of suit, including a reasonable 
     attorney's fee, to such plaintiff.
       ``(f) InterLATA Telecommunications Service Safeguards.--
       ``(1) Separate subsidiary.--Other than interLATA services 
     authorized by an order entered by the United States District 
     Court for the District of Columbia pursuant to the 
     Modification of Final Judgment before the date of the 
     enactment of the Communications Act of 1994, a Bell operating 
     company providing interLATA services authorized under 
     subsection (c) shall provide such interLATA services in that 
     market only through a subsidiary that is separate from any 
     Bell operating company entity that provides regulated local 
     telephone exchange service. The subsidiary required by this 
     section need not be separate from affiliates required in 
     sections 231, 233, and 613 of this Act or any other affiliate 
     that does not provide regulated local telephone exchange 
     service.
       ``(2) Nondiscrimination safeguards.--The Bell operating 
     company shall--
       ``(A) fulfill any requests from an unaffiliated entity for 
     exchange access service within a period no longer than that 
     in which it provides such exchange access service to itself 
     or to its affiliates;
       ``(B) fulfill any such requests with exchange access 
     service of a quality that meets or exceeds the quality of 
     exchange access services provided by the Bell operating 
     company or it affiliates to itself or its affiliate;
       ``(C) provide exchange access to all carriers at rates that 
     are not unreasonably discriminatory and are based on costs 
     and any explicit subsidy;
       ``(D) in any transaction with the subsidiary required by 
     this section, not prefer or discriminate in favor of such 
     subsidiary;
       ``(E) not provide any facilities, services, or information 
     concerning its provision of exchange access service to the 
     subsidiary required by this section unless such facilities, 
     services, or information are made available to other 
     providers of interLATA services in that market on the same 
     terms and conditions;
       ``(F) not enter into any joint venture or partnership with 
     the subsidiary required by this section; and
       `(G) charge the subsidiary required by this section, and 
     impute to itself or any intraLATA toll affiliate, the same 
     rates for access to its local exchange and exchange access 
     services that it charges other, unaffiliated, toll carriers 
     for such services.
       ``(3) Separate subsidiary safeguards.--The separate 
     subsidiary required by this section shall--
       ``(A) carry out its marketing and sales directly and 
     separate from its affiliate Bell operating company or any 
     affiliates of such company;
       ``(B) maintain books, records, and accounts in the manner 
     prescribed by the Commission which shall be separate from the 
     books, [[Page S8277]] records, and accounts maintained by its 
     affiliated Bell operating company or any affiliates of such 
     company;
       ``(C) charge rates to consumers, and any intraLATA toll 
     affiliate shall charge rates to consumers, for intraLATA 
     service and interLATA toll service that are no less than 
     rates the Bell operating company charges other interLATA 
     carriers for its local exchange and exchange access services 
     plus the other costs to the subsidiary of providing such 
     services.
       ``(D) be permitted to use interLATA facilities and services 
     provided by its affiliated Bell operating company, so long as 
     it costs are appropriately allocated and such facilities and 
     services are provided to its subsidiaries and other carriers 
     on nondiscriminatory rates, terms and conditions;
       ``(E) comply with Commission regulations to ensure that the 
     economic risks associated with the provision of interLATA 
     services by such subsidiary are not borne by customers of the 
     company's telephone exchange services; and
       ``(F) shall not obtain credit under any arrangement that 
     would permit a creditor, upon default, to have recourse to 
     the assets of the local exchange carrier.
       ``(4) Triennial audit.--
       ``(A) General requirement.--A Bell operating company that 
     engages in interLATA services shall obtain and pay for an 
     audit every 3 years conducted by an independent auditor 
     selected by, and working at the direction of, the State 
     commission of each State in which such Bell operating company 
     provides local exchange service, to determine whether such 
     Bell operating company has complied with this section and the 
     regulations promulgated under this section, and particularly 
     whether such Bell operating company has complied with the 
     separate accounting requirements under subsection (c).
       ``(B) Results submitted to commission; state commissions.--
     The auditor described in clause (i) shall submit the results 
     of the audit to the Commission and to the State commission of 
     each State in which the Bell operating company audited 
     provides telephone exchange service, which shall make such 
     results available for public inspection. Any party may submit 
     comments on the final audit report.
       ``(C) Regulations.--The audit required under paragraph (1) 
     shall be conducted in accordance with procedures established 
     by regulation by the State commission of the State in which 
     such Bell operating company provides local exchange service. 
     The regulations shall include requirements that--
       ``(i) each audit submitted to the Commission and to the 
     State commission is certified by the auditor responsible for 
     conducting the audit; and
       ``(ii) each audit shall be certified by the person who 
     conducted the audit and shall identify with particularity any 
     qualifications or limitations on such certification and any 
     other information relevant to the enforcement of the 
     requirements of this section.
       ``(D) Commission review.--The Commission shall periodically 
     review and analyze the audits submitted to it under this 
     subsection.
       ``(E) Access to documents.--For purposes of conducting 
     audits and reviews under this subsection--
       ``(i) the independent auditor, the Commission, and the 
     State commission shall have access to the financial accounts 
     and records of each Bell operating company and of its 
     subsidiaries necessary to verify transactions conducted with 
     that Bell operating company that are relevant to the specific 
     activities permitted under this section and that are 
     necessary for the regulation of rates for telephone exchange 
     and exchange access;
       ``(ii) the Commission and the State Commission shall have 
     access to the working papers and supporting materials of any 
     auditor who performs an audit under this section; and
       ``(iii) the State commission shall implement appropriate 
     procedures to ensure the protection of any proprietary 
     information submitted to it under this section.
       ``(F) Commission action on complaints.--With respect to any 
     complaint brought under section 208 alleging a violation of 
     this section or the regulations implementing it, the 
     Commission shall issue a final order within 1 year after such 
     complaint if filed.
       ``(g) Additional Authority to Provide InterLATA Services 
     Relating to Commercial Mobile Radio Services.--
     Notwithstanding any restriction or obligation imposed 
     pursuant to the Modification of Final Judgment before the 
     date of enactment of the Communications Act of 1994, the 
     Commission shall prescribe uniform equal access and long 
     distance presubscription requirements for providers of all 
     cellular and two-way wireless services.
       ``(h) Exceptions for Incidental Services.--
       ``(1) Subsection (a) shall not prohibit a Bell operating 
     company at any time after the date of enactment of the 
     Communications Act of 1994 from providing interLATA 
     telecommunications services incidental to the purpose of--
       ``(A)(i) providing audio programming, video programming, or 
     other programming services to subscribers of such company,
       ``(ii) providing the capability for interaction by such 
     subscribers to select or respond to such audio programming, 
     video programming, or other programming services, to order, 
     or control transmission of the programming, polling or 
     balloting, and ordering other goods or services, or
       ``(iii) providing to distributors audio programming or 
     video programming that such company owns, controls, or is 
     licensed by the copyright owner of such programming, or by an 
     assignee of such owner, to distribute,
       ``(B) providing a telecommunications service, using the 
     transmission facilities of a cable system that is an 
     affiliate of such company, between LATAs within a cable 
     system franchise area in which such company is not, on the 
     date of the enactment of the Communications Act of 1994, a 
     provider of wireline telephone exchange service,
       ``(C) providing a commercial mobile service except where 
     such service is a replacement for land line telephone 
     exchange service for a substantial portion of the telephone 
     land line exchange service in a State in accordance with 
     section 332(c) of the Communications Act of 1934 (47 U.S.C. 
     332(c)) and with the regulations prescribed by the 
     Commission,
       ``(D) providing a service that permits a customer that is 
     located in one LATA to retrieve stored information from, or 
     file information for storage in, information storage 
     facilities of such company that are located in another LATA 
     area, so long as the customer acts affirmatively to initiate 
     the storage or retrieval of information, except that--
       ``(i) such service shall not cover any service that 
     establishes a direct connection between end users or any 
     real-time voice and data transmission,
       ``(ii) such service shall not include voice, data, or 
     facsimile distribution services in which the Bell operating 
     company or affiliate forwards customer-supplied information 
     to customer- or carrier-selected recipients,
       ``(iii) such service shall not include any service in which 
     the Bell operating company or affiliate searches for and 
     connects with the intended recipient of information, or any 
     service in which the Bell operating company or affiliate 
     automatically forwards stored voicemail or other information 
     to the intended recipient; and
       ``(iv) customers of such service shall not be billed a 
     separate charge for the interLATA telecommunications 
     furnished in conjunction with the provision of such service;
       ``(E) providing signaling information used in connection 
     with the provision or exchange or exchange access services to 
     a local exchange carrier that, together with any affiliated 
     local exchange carriers, has aggregate annual revenues of 
     less than $100,000,000; or
       ``(F) providing network control signaling information to, 
     and receiving such signaling information from, interexchange 
     carriers at any location within the area in which such 
     company provides exchange services or exchange access.
       ``(2) The provisions of paragraph (1) are intended to be 
     narrowly construed. Nothing in this subsection permits a Bell 
     operating company or any affiliate of such a company to 
     provide interLATA telecommunications services not described 
     in paragraph (1) without receiving the approval of the 
     Commission and the Attorney General under subsection (c). The 
     transmission facilities used by a Bell operating company or 
     affiliate thereof to provide interLATA telecommunications 
     under subparagraphs (C) and (D) of paragraph (1) shall be 
     leased by that company from unaffiliated entities on terms 
     and conditions (including price) no more favorable than those 
     available to the competitors of that company until approval 
     is obtained from the Commission and the Attorney General 
     under subsection (c). The interLATA services provided under 
     paragraph (1)(A) are limited to those interLATA transmissions 
     incidental to the provision by a Bell operating company or 
     its affiliate of video, audio, and other programming services 
     that the company or its affiliate is engaged in providing to 
     the public and, except as provided in paragraph (1)(A)(iii), 
     does not include the interLATA transmission of audio, video, 
     or other programming services provided by others.
       ``(3)(A) The Commission, in consultation with the Attorney 
     General, shall prescribe regulations for the provision by a 
     Bell operating company or any of its affiliates of the 
     interLATA services authorized under this subsection. The 
     regulations shall ensure that the provision of such service 
     by a Bell operating company or its affiliate does not--
       ``(i) permit that company to provide telecommunications 
     services not described in paragraph (1) without receiving the 
     approvals required by subsection (c), or
       ``(ii) adversely affect telephone exchange ratepayers or 
     competition in any telecommunications services market.
       ``(B) Nothing in this paragraph shall delay the ability of 
     a Bell operating company to provide the interLATA services 
     described in paragraph (1) immediately upon enactment of the 
     Communications Act of 1994.
       ``(4) As used in this subsection--
       ``(A) `audio programming services' means programming 
     provided by, or generally considered to be comparable to 
     programming provided by, a radio broadcast station, and
       ``(B) `video programming service' and `other programming 
     services' have the same meanings as such terms have under 
     section 602 of this Act.
       ``(i) Definitions.--As used in this section:
       ``(1) The term `LATA' means the local access and transport 
     area as defined in United States v. Western Electric Co., 569 
     F.Supp. 990 (United States District Court, District of 
     Columbia) and subsequent judicial orders relating thereto.
       ``(2) The term `cable service' has the meaning given that 
     term under section 602.''.

     SEC. 442. JURISDICTION.

       Section 2(b) of the Communications Act of 1934 (47 U.S.C. 
     153) is amended by striking [[Page S8278]] ``section 332'' 
     and inserting in lieu thereof ``sections 229, 230, 234, 235, 
     237, and 332''.
                                                                    ____

       On page 82, beginning with ``Sec. 255 on line 11, strike 
     all that follows through line 2, page 99.
       On page 82, after line 10, add the attached paragraphs:

     ``SEC. 255. INTERLATA TELECOMMUNICATIONS SERVICES.

       ``(a) Authority.--Notwithstanding any restriction or 
     obligation imposed before the date of enactment of the 
     Communications Act of 1994 pursuant to section II(D) of the 
     Modification of Final Judgment, a Bell operating company may 
     engage in the provision of interLATA telecommunications 
     services subject to the requirements of this section and any 
     regulations prescribed thereunder. No Bell operating company 
     or affiliate of a Bell operating company shall engage in the 
     provision of interLATA telecommunications services, except as 
     authorized under this section.
       ``(b) Currently Authorized Activities.--Subsection (a) 
     shall not prohibit a Bell operating company from engaging, at 
     any time after the date of enactment of the Communications 
     Act of 1994, in any activity as authorized by an order 
     entered by the United States District Court for the District 
     of Columbia pursuant to the Modification of Final Judgment if 
     such order was entered on or before such date of enactment.
       ``(c) Petition for Authority for InterLATA 
     Telecommunication Services--
       ``(1) Application--
       ``(A) In region.--On or after the date of enactment of the 
     Communications Act of 1994, a Bell operating company or 
     affiliate may apply to the Attorney General and the 
     Commission for authorization notwithstanding the Modification 
     of Final Judgment to provide interLATA telecommunications 
     service originating in any area where such Bell operating 
     company is the dominant provider of wireline telephone 
     exchange service. The application shall describe with 
     particularity the nature and scope of the activity and of 
     each product market or service market, and each geographic 
     market for which authorization is sought.
       ``(B) Out of region.--On or after the date of enactment of 
     the Communications Act of 1994, a Bell operating company or 
     affiliate may apply to the Attorney General and the 
     Commission for authorization, notwithstanding the 
     Modification of Final Judgment, to provide interLATA 
     telecommunications services not described in subparagraph 
     (A). The application shall describe with particularity the 
     nature and scope of the activity and of each product market 
     or service market, and each geographic market for which 
     authorization is sought.
       ``(2) Determination by Attorney General and Commission.--
       ``(A) Determination.--Not later than 180 days after 
     receiving an application made under paragraph (1), the 
     Attorney General and the Commission each shall issue a 
     written determination, on the record after an opportunity for 
     a hearing, with respect to the authorization for which a Bell 
     operating company or affiliate has applied. In making such 
     determinations, the Attorney General and the Commission shall 
     review the whole record.
       ``(B) Approval.--
       ``(i) 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 
     affiliates could use monopoly power in a telephone exchange 
     or exchange access service market to impede competition in 
     the interLATA telecommunications services market such company 
     or affiliate seeks to enter. The Attorney General shall deny 
     the remainder of the requested authorization.
       ``(ii) The Commission shall approve the requested 
     authorization only to the extent that the Commission finds 
     that the requested authorization is consistent with the 
     public interest, convenience and necessity. The Commission 
     shall deny the remainder of the requested authorization. For 
     applications submitted under paragraph (1)(A), the Commission 
     shall only
      find that the requested authorization is consistent with the 
     public interest, convenience, and necessity if the 
     requirements of clause (iii) are satisfied, and shall take 
     into account--
       ``(I) the extent to which granting the requested 
     authorization would benefit consumers;
       ``(II) the likely effect that granting the requested 
     authorization would have on the rates for, and availability 
     of, telephone exchange, interexchange, and other 
     telecommunications services;
       ``(III) the availability of alternative providers of 
     telephone exchange service throughout the geographic area in 
     which the Bell operating company or its affiliate seeks to 
     provide service;
       ``(IV) the extent to which there exist barriers to entering 
     the telephone exchange services market, including the extent 
     to which consumers have an opportunity to select their 
     presubscribed telephone exchange service providers by means 
     of a balloting process; and
       ``(V) the potential for cross-subsidization or 
     anticompetitive activity by the Bell operating company.

     For applications submitted under paragraph (1)(B), the 
     Commission shall take into account subclauses (I), (II), and 
     (V).
       ``(iii) The Commission shall approve a requested 
     authorization for applications submitted under paragraph 
     (1)(A) only if--
       ``(I) the Commission finds that, as prescribed by section 
     230(a), no State or local statute, regulations, or other 
     State or local requirement in effect in the area in which the 
     petitioning Bell operating company or affiliate seeks to 
     originate interLATA telecommunications, prohibits or has the 
     effect of prohibiting the ability of any entity to provide 
     interstate or intrastate telecommunications services in the 
     State and local area where the Bell operating company seeks 
     to originate interLATA services;
       ``(II) either the Commission has adopted and made effective 
     regulations to implement and enforce the requirements of 
     section 201A, or 21 months after the date of enactment of the 
     Communications Act of 1994, whichever is earlier; and
       ``(III) the Commission finds that the Bell operating 
     company has fully implemented the requirements of 
     subparagraphs (A) through (G) of section 230(c)(1), and finds 
     that, at the time of consideration of its application, the 
     Bell operating company is in full compliance with the 
     Commission's regulations to implement and enforce the 
     requirements of section 230 (e) and (f), and any State 
     regulations under 230(c)(2), where the Bell operating company 
     seeks to originate interLATA services.
       ``(iv) Any Bell operating company granted authority under 
     paragraph (1)(A) shall provide intraLATA toll dialing parity 
     throughout that market coincident with its exercise of that 
     authority. If the Commission finds that such a Bell operating 
     company has provided interLATA service authorized under this 
     clause before its implementation of intraLATA toll dialing 
     parity throughout that market, or fails to maintain intraLATA
      toll dialing parity throughout that market, the Commission, 
     except in cases of inadvertent interruptions or other 
     events beyond the control of the Bell operating company, 
     shall suspend the authority to provide interLATA service 
     for that market until the Commission determines that 
     intraLATA toll dialing parity is implemented or 
     reinstated.
       ``(C) Description.--A determination that approves any part 
     of a requested authorization shall describe with 
     particularity the nature and scope of the activity, and of 
     each product market or service market, and each geographic 
     market, to which approval applies.
       ``(3) Publication.--Not later than 10 days after issuing a 
     determination under paragraph (2), the Attorney General and 
     the Federal Communications Commission each shall publish in 
     the Federal Register a brief description of the 
     determination.
       ``(4) Authorization granted.--A requested authorization is 
     granted only to the extent that--
       ``(A) both the Attorney General and the Federal 
     Communications Commission approve the authorization under 
     paragraph (2), unless either of their approvals is vacated, 
     reversed, or remanded as a result of judicial review, or
       ``(B) as a result of such judicial review of either or both 
     determinations, both the Attorney General and the Federal 
     Communications Commission approved the requested 
     authorization.
       ``(d) Judicial Review--
       ``(1) Commencement of action.--Not later than 45 days after 
     a determination by the Attorney General or the Federal 
     Communications Commission is published under subsection 
     (c)(3), the Bell operating company or affiliate that applied 
     to the Attorney General and the Federal Communications 
     Commission under subsection (c)(1), or any person who would 
     be threatened with loss or damage as a result of the 
     determination regarding such company's engaging in the 
     activity described in such company's application, may 
     commence an action in any United States Court of Appeals 
     against the Attorney General or the Federal Communications 
     Commission, as the case may be, for judicial review of the 
     determination regarding the application.
       ``(2) Judgment.--
       ``(A) The Court shall enter a judgment after reviewing the 
     determination in accordance with section 706 of title 5 of 
     the United State Code.
       ``(B) A judgment.--
       ``(i) affirming any part of the determination that approves 
     granting all or part of the requested authorization, or
       ``(ii) reversing any part of the determination that denies 
     all or part of the requested authorization, shall describe 
     with particularity the nature and scope of the activity, and 
     of each product market or service market, and each geographic 
     market, to which the affirmance or reversal applies.
       ``(e) Enforcement.--
       ``(1) Private right of action.--Any person who is injured 
     in its business or property by reason of a violation of this 
     section--
       ``(A) may bring a civil action in any district court of the 
     United States in the district in which the defendant resides 
     or is found or has an agent, without respect to the amount in 
     controversy, and
       ``(B) shall recover threefold the damages sustained, and 
     the costs of suit (including a reasonable attorney's fee). 
     The court may award under this action, pursuant to a motion 
     by such person promptly made, simple interest on actual 
     damages for the period beginning on
      the date of service of such person's pleading setting forth 
     a claim under this title and ending on the date of 
     judgment, or for any shorter period therein, if 
     [[Page S8279]] the court finds that the award of such 
     interest for such period is just in the circumstances.
       ``(2) Private injunctive relief.--Any person shall be 
     entitled to sue for and have injunctive relief, in any court 
     of the United States having jurisdiction over the parties, 
     against threatened loss or damage by a violation of this 
     section, when and under the same conditions and principles as 
     injunctive relief is available under section 16 of the 
     Clayton Act (15 U.S.C. 26). In any action under this 
     subsection in which the plaintiff substantially prevails, the 
     court shall award the cost of suit, including a reasonable 
     attorney's fee, to such plaintiff.
       ``(f) InterLATA Telecommunications Service Safeguards.--
       ``(1) Separate subsidiary.--Other than interLATA services 
     authorized by an order entered by the United States District 
     Court for the District of Columbia pursuant to the 
     Modification of Final Judgment before the date of the 
     enactment of the Communications Act of 1994, a Bell operating 
     company providing interLATA services authorized under 
     subsection (c) shall provide such interLATA services in that 
     market only through a subsidiary that is separate from any 
     Bell operating company entity that provides regulated local 
     telephone exchange service. The subsidiary required by this 
     section need not be separate from affiliates requires in 
     sections 231, 233, and 613 of this Act or any other affiliate 
     that does not provide regulated local telephone exchange 
     service.
       ``(2) Nondiscrimination safeguards.--The Bell operating 
     company shall--
       ``(A) fulfill any requests from an unaffiliated entity for 
     exchange access service within a period no longer than that 
     in which it provides such exchange access service to itself 
     or to its affiliates;
       ``(B) fulfill any such requests with exchange access 
     service of a quality that meets or exceeds the quality of 
     exchange access services provided by the Bell operating 
     company or its affiliates to itself or its affiliate;
       ``(C) provide exchange access to all carriers at rates that 
     are not unreasonably discriminatory and are based on costs 
     and any explicit subsidy;
       ``(D) in any transaction with the subsidiary required by 
     this section, not prefer or discriminate in favor of such 
     subsidiary;
       ``(E) not provide any facilities, services, or information 
     concerning its provision of exchange access service to the 
     subsidiary required by this section unless such facilities, 
     services, or information are made available to other 
     providers of interLATA services in that market on the same 
     terms and conditions;
       ``(F) not enter into any joint venture or partnership with 
     the subsidiary required by this section; and
       ``(G) charge the subsidiary required by this section, and 
     impute to itself or any intraLATA toll affiliate, the same 
     rates for access to its local exchange and exchange access 
     services that it charges other, unaffiliated, toll carriers 
     for such services.
       ``(3) Separate subsidiary safeguards.--The separate 
     subsidiary required by this section shall--
       ``(A) carry out its marketing and sales directly and 
     separate from its affiliated Bell operating company or any 
     affiliates of such company;
       ``(B) maintain books, records, and accounts in the manner 
     prescribed by the Commission which shall be separate from the 
     books, records, and accounts maintained by its affiliated 
     Bell operating company or any affiliates of such company;
       ``(C) charge rates to consumers, and any intraLATA toll 
     affiliate shall charge rates to consumers, for interLATA 
     service and intraLATA toll service that are no less than the 
     rates the Bell operating company charges other interLATA 
     carriers for its local exchange and exchange access services 
     plus the other costs to the subsidiary of providing such 
     services;
       ``(D) be permitted to use interLATA facilities and services 
     provided by its affiliated Bell operating company, so long as 
     its costs are appropriately allocated and such facilities and 
     services are provided to its subsidiaries and other carriers 
     on nondiscriminatory rates, terms and conditions;
       ``(E) comply with Commission regulations to ensure that the 
     economic risks associated with the provision of interLATA 
     services by such subsidiary are not borne by customers of the 
     company's telephone exchange services; and
       ``(F) shall not obtain credit under any arrangement that 
     would permit a creditor, upon default, to have recourse to 
     the assets of the local exchange carrier.
       ``(4) Triennial audit.--
       ``(A) General Requirement.--A Bell operating company that 
     engages in interLATA services shall obtain and pay for an 
     audit every 3 years conducted by an independent auditor 
     selected by, and working at the direction of, the State 
     commission of each State in which such Bell operating company 
     provides local exchange service, to determine whether such 
     Bell operating company has complied with this section and the 
     regulations promulgated under this section, and particularly 
     whether such Bell operating company has complied with the 
     separate accounting requirements under subsection (c).
       ``(B) Results submitted to commission; state commissions.--
     The auditor described in clause (i) shall submit the results 
     of the audit to the Commission and to the State commission of 
     each State in which the Bell operating company audited 
     provides telephone exchange service, which shall make such 
     results available for public inspection. Any party may submit 
     comments on the final audit report.
       ``(C) Regulations.--The audit required under paragraph (1) 
     shall be conducted in accordance with procedures established 
     by regulation by the State commission of the State in which 
     such Bell operating company provides local exchange service. 
     The regulations shall include requirements that--
       ``(i) each audit submitted to the Commissions and to the 
     State commission is certified by the auditor responsible for 
     conducting the audit; and
       ``(ii) each audit shall be certified by the person who 
     conducted the audit and shall identify with particularity any 
     qualifications or limitations on such certification and any 
     other information relevant to the enforcement of the 
     requirements of this section.
       ``(D) Commission review.--The Commission shall periodically 
     review and analyze the audits submitted to it under this 
     subsection.
       ``(E) Access to documents.--For purposes of conducting 
     audits and reviews under this subsection--
       ``(i) the independent auditor, the Commission, and the 
     State commission shall have access to the financial accounts 
     and records of each Bell operating company and of its 
     subsidiaries necessary to verify transactions conducted with 
     that Bell operating company that are relevant to the specific 
     activities permitted under this section and that are 
     necessary for the regulation of rates for telephone exchange 
     and exchange access;
       ``(ii) the Commission and the State Commission shall have 
     access to the working papers and supporting materials of any 
     auditor who performs an audit under this section; and
       ``(iii) the State commission shall implement appropriate 
     procedures to ensure the protection of any proprietary 
     information submitted to it under this section.
       ``(F) Commission action on complaints.--With respect to any 
     complaint brought under section 208 alleging a violation of 
     this section or the regulations implementing it, the 
     Commission shall issue a final order within 1 year after such 
     complaint is filed.
       ``(g) Additional Authority to Provide InterLATA Services 
     Relating to Commercial Mobile Radio Services.--
     Notwithstanding any restriction or obligation imposed 
     pursuant to the Modification of Final Judgment before the 
     date of enactment of the Communications Act of 1994, the 
     Commission shall prescribe uniform equal access and long 
     distance presubscription requirements for providers of all 
     cellular and two-way wireless services.
       ``(h) Exceptions for Incidental Services.--
       ``(l) Subsection (a) shall not prohibit a Bell operating 
     company at any time after the date of enactment of the 
     Communications Act of 1994 from providing interLATA 
     telecommunications services incidental to the purpose of--
       ``(A)(i) providing audio programming, video programming, or 
     other programming services to subscribers of such company,
       ``(ii) providing the capability for interaction by such 
     subscribers to select or respond to such audio programming, 
     video programming, or other programming services, to order, 
     or control transmission of the programming, polling or 
     balloting, and ordering other goods or services, or
       ``(iii) providing to distributors audio programming or 
     video programming that such company owns, controls, or is 
     licensed by the copyright owner of such programming, or by an 
     assignee of such owner, to distribute.
       ``(B) providing a telecommunications service, using the 
     transmission facilities of a cable system that is an 
     affiliate of such company, between LATAs within a cable 
     system franchise area in which such company is not, on the 
     date of the enactment of the Communications Act of 1994, a 
     provider of wireline telephone exchange service,
       ``(C) providing a commercial mobile service except where 
     such service is a replacement for land line telephone 
     exchange service for a substantial portion of the telephone 
     land line exchange service in a State in accordance with 
     section 332(c) of the Communications Act of 1934 (47 U.S.C. 
     332(c)) and with the regulations prescribed by the 
     Commission,
       ``(D) providing a service that permits a customer that is 
     located in one LATA to retrieve stored information from, or 
     file information for storage in, information storage 
     facilities of such company that are located in another LATA 
     area, so long as the customer acts affirmatively to initiate 
     the storage or retrieval of information, except that--
       ``(i) such service shall not cover any service that 
     establishes a direct connection between end users or any 
     real-time voice and data transmission,
       ``(ii) such service shall not include voice, data, or 
     facsimile distribution services in which the Bell operating 
     company or affiliate forwards customer-supplied information 
     to customer- or carrier-selected recipients,
       ``(iii) such service shall not include any service in which 
     the
      Bell operating company or affiliate searches for and 
     connects with the intended recipient of information, or 
     any service in which the Bell operating company or 
     affiliate automatically forwards stored voicemail or other 
     information to the intended recipient; and
       ``(iv) customers of such service shall not be billed a 
     separate charge for the interLATA telecommunications 
     furnished in conjunction with the provision of such 
     service; [[Page S8280]] 
       ``(E) providing signaling information used in connection 
     with the provision or exchange access services to a local 
     exchange carrier that, together with any affiliated local 
     exchange carriers, has aggregate annual revenues of less than 
     $100,000,000; or
       ``(F) providing network control signaling information to, 
     and receiving such signaling information from, interexchange 
     carriers at any location within the area which such company 
     provides exchange services or exchange access.
       ``(2) The provisions of paragraph (1) are intended to be 
     narrowly construed. Nothing in this subsection permits a Bell 
     operating company or any affiliate of such a company to 
     provide interLATA telecommunications services not described 
     in paragraph (1) without receiving the approval of the 
     Commission and the Attorney General under subsection (c). The 
     transmission facilities used by a Bell operating company or 
     affiliate thereof to provide interLATA telecommunications 
     under subparagraphs (C) and (D) of paragraph (1) shall be 
     leased by that company from unaffiliated entities on terms 
     and conditions (including price) no more favorable than those 
     available to the competitors of that company until approval 
     is obtained from the Commission and the Attorney General 
     under subsection (c). The interLATA services provided under 
     paragraph (1)(A) are limited to this interLATA transmissions 
     incidental to the provision by a Bell operating company or 
     its affiliate of video, audio, and other programming services 
     that the company or its affiliate is engaged in providing to 
     the public and, except as provided in paragraph (1)(A)(iii), 
     does not include the interLATA transmission of audio, video, 
     or other programming services provided by others.
       ``(3)(A) The Commission, in consultation with the Attorney 
     General, shall prescribe regulations for the provision by a 
     Bell operating company or any of its affiliates of the 
     interLATA services authorized under this subsection. The 
     regulations shall ensure that the provision of such service 
     by a Bell operating company or its affiliate does not--
       ``(i) permit that company to provide telecommunications 
     services not described in paragraph (1) without receiving the 
     approvals required by subsection (c), or
       ``(ii) adversely affect telephone exchange ratepayers or 
     competition in any telecommunications services market.
       ``(B) Nothing in this paragraph shall delay the ability of 
     a Bell operating company to provide the interLATA services 
     described in paragraph (1) immediately upon enactment of the 
     Communications Act of 1994.
       ``(4) As used in this subsection--
       ``(A) `audio programming services' means programming 
     provided by, or generally considered to be comparable to 
     programming provided by, a radio broadcast station, and
       ``(B) `video programming service' and `other programming 
     services' have the same meanings as such terms have under 
     section 602 of this Act.
       ``(i) Definitions.--As used in this section:
       ``(1) The term `LATA' means the local access and transport 
     area as defined in United States v. Western Electric Co., 569 
     F.Supp. 990 (United States District Court, District of 
     Columbia) and subsequent judicial orders relating thereto.
       ``(2) The term `cable service' has the meaning given that 
     term under section 602.''.

     SEC. 442. JURISDICTION.

       Section 2(b) of the Communications Act of 1934 (47 U.S.C. 
     153) is amended by striking ``section 332'' and inserting in 
     lieu thereof ``sections 229, 230, 234, 235, 237, and 332''.
                                 ______


                    BROWN AMENDMENTS NOS. 1317-1320

  (Ordered to lie on the table.)
  Mr. BROWN submitted four amendments intended to be proposed by him to 
the bill S. 652, supra; as follows:

                           Amendment No. 1317

       In managers' amendment, on page 13, line 20, after 
     ``programming'' insert: ``by any means''.
                                                                    ____


                           Amendment No. 1318

       On page 12, line 10 insert after ``services''` ``or its 
     affiliate''.
                                                                    ____


                           Amendment No. 1319

       At the appropriate point in the bill, insert the following:
       (  ) Digital Video Standards.--Section 624 of the 
     Communications Act of 1934 (47 U.S.C. 544) is amended by 
     adding at the end the following new subsection:
       ``(j) Digital Video Standards.--The Commission may 
     participate, in a manner consistent with its authority and 
     practice prior to the date of enactment of this subsection, 
     in the development by appropriate voluntary industry 
     standards-setting organizations of technical standards for 
     the digital transmission and reception of the signals of 
     video programming. The Commission shall have no authority to 
     prescribe such standards, except with respect to the over-
     the-air transmission and reception of the signals of 
     broadcast television stations between such stations and 
     members of the public directly receiving such signals.''.
                                                                    ____


                           Amendment No. 1320

       In managers' amendment, on page 15, line 1, insert the 
     following: ``(1) by inserting after `organized' in subsection 
     (a)(1) the following: `any person who was a nondominant 
     telecommunications carrier on January 1, 1995.'.''
                                 ______


                   BYRD (AND EXON) AMENDMENT NO. 1321

  (Ordered to lie on the table.)
  Mr. BYRD (for himself and Mr. Exon) submitted an amendment intended 
to be proposed by them to the bill S. 652, supra; as follows:

       On page 1 of the amendment, line 4, strike out 
     ``determination,'' and insert in lieu thereof the following: 
     ``determination. If the President objects to a determination, 
     the President shall, immediately upon such objection, submit 
     to Congress a written report (in unclassified form, but with 
     a classified annex if necessary) that sets forth a detailed 
     explanation of the findings made and factors considered in 
     objecting to the determination.''
       On page 49, line 17, insert after the period the following: 
     ``While determining whether such opportunities are equivalent 
     on that basis, the Commission shall also conduct an 
     evaluation of opportunities for access to all segments of the 
     telecommunications market of the applicant.''
                                 ______


                    HARKIN AMENDMENTS NOS. 1322-1324

  (Ordered to lie on the table.)
  Mr. HARKIN submitted three amendments intended to be proposed by him 
to the bill S. 652, supra; as follows:
                           Amendment No. 1322

       On page 146, below line 14, add the following:

     SEC. 409. PREVENTION OF UNFAIR BILLING PRACTICES FOR 
                   INFORMATION OR SERVICES PROVIDED OVER TOLL-FREE 
                   TELEPHONE CALLS.

       (a) Findings.--Congress makes the following findings:
       (1) Reforms required by the Telephone Disclosure and 
     Dispute Resolution Act of 1992 have improved the reputation 
     of the pay-per-call industry and resulted in regulations that 
     have reduced the incidence of misleading practices that are 
     harmful to the public interest.
       (2) Among the successful reforms is a restriction on 
     charges being assessed for calls to 800 telephone numbers or 
     other telephone numbers advertised or widely understood to be 
     toll free.
       (3) Nevertheless, certain interstate pay-per-call 
     businesses are taking advantage of an exception in the 
     restriction on charging for information conveyed during a 
     call to a ``toll-free'' number to continue to engage in 
     misleading practices. These practices are not in compliance 
     with the intent of Congress in passing the Telephone 
     Disclosure and Dispute Resolution Act.
       (4) It is necessary for Congress to clarify that its intent 
     is that charges for information provided during a call to an 
     800 number or other number widely advertised and understood 
     to be toll free shall not be assessed to the calling party 
     unless the calling party agrees to be billed according to the 
     terms of a written subscription agreement or by other 
     appropriate means.
       (b) Prevention of Unfair Billing Practices.--
       (1) In general.--Section 228(c) (47 U.S.C. 228(c)) is 
     amended--
       (A) by striking out subparagraph (C) of paragraph (7) and 
     inserting in lieu thereof the following:
       ``(C) the calling party being charged for information 
     conveyed during the call unless--
       ``(i) the calling party has a written agreement (including 
     an agreement transmitted through electronic medium) that 
     meets the requirements of paragraph (8); or
       ``(ii) the calling party is charged for the information in 
     accordance with paragraph (9); or''; and
       (B) by adding at the end the following new paragraphs:
       ``(8) Subscription agreements for billing for information 
     provided via toll-free calls.--
       ``(A) In general.--For purposes of paragraph (7)(C), a 
     written subscription does not meet the requirements of this 
     paragraph unless the agreement specifies the material terms 
     and conditions under which the information is offered and 
     includes--
       ``(i) the rate at which charges are assessed for the 
     information;
       ``(ii) the information provider's name;
       ``(iii) the information provider's business address;
       ``(iv) the information provider's regular business 
     telephone number;
       ``(v) the information provider's agreement to notify the 
     subscriber of all future changes in the rates charged for the 
     information; and
       ``(vi) the subscriber's choice of payment method, which may 
     be by direct remit, debit, prepaid account, phone bill or 
     credit or calling card.
       ``(B) Billing arrangements.--If a subscriber elects, 
     pursuant to subparagraph (A)(vi), to pay by means of a phone 
     bill--
       ``(i) the agreement shall clearly explain that charges for 
     the service will appear on the subscriber's phone bill;
       ``(ii) the phone bill shall include, in prominent type, the 
     following disclaimer:

       `Common carriers may not disconnect local or long distance 
     telephone service for [[Page S8281]] failure to pay disputed 
     charges for information services.'; and

       ``(iii) the phone bill shall clearly list the 800 number 
     dialed.
       ``(C) Use of pins to prevent unauthorized use.--A written 
     agreement does not meet the requirements of this paragraph 
     unless it requires the subscriber to use a personal 
     identification number to obtain access to the information 
     provided, and includes instructions on its use.
       ``(D) Exceptions.--Notwithstanding paragraph (7)(C), a 
     written agreement that meets the requirements of this 
     paragraph is not required--
       ``(i) for calls utilizing telecommunications devices for 
     the deaf;
       ``(ii) for services provided pursuant to a tariff that has 
     been approved or permitted to take effect by the Commission 
     or a State commission; or
       ``(iii) for any purchase of goods or of services that are 
     not information services.
       ``(E) Termination of service.--On receipt by a common 
     carrier of a complaint by any person that an information 
     provider is in violation of the provisions of this section, a 
     carrier shall--
       ``(i) promptly investigate the complaint; and
       ``(ii) if the carrier reasonably determines that the 
     complaint is valid, it may terminate the provision of service 
     to an information provider unless the provider supplies 
     evidence of a written agreement that meets the requirements 
     of this section.
       ``(F) Treatment of remedies.--The remedies provided in this 
     paragraph are in addition to any other remedies that are 
     available under title V of this Act.
       ``(9) Charges in absence of agreement.--A calling party is 
     charged for a call in accordance with this paragraph if the 
     provider of the information conveyed during the call--
       ``(A) clearly states to the calling party the total cost 
     per minute of the information provided during the call and 
     for any other information or service provided by the provider 
     to which the calling party requests connection during the 
     call; and
       ``(B) receives from the calling party--
       ``(i) an agreement to accept the charges for any 
     information or services provided by the provider during the 
     call; and
       ``(ii) a credit, calling, or charge card number or 
     verification of a prepaid account to which such charges are 
     to be billed.
       ``(10) Definition.--As used in paragraphs (8) and (9), the 
     term `calling card' means an identifying number or code 
     unique to the individual, that is issued to the individual by 
     a common carrier and enables the individual to be charged by 
     means of a phone bill for charges incurred independent of 
     where the call originates.''
       (2) Regulations.--The Federal Communications Commission 
     shall revise its regulations to comply with the amendment 
     made by paragraph (1) not later than 180 days after the date 
     of the enactment of this Act.
       (3) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the date of the enactment of this Act.
       (c) Clarification of ``Pay-Per-Call Services'' Under 
     Telephone Disclosure and Dispute Resolution Act.--Section 
     204(1) of the Telephone Disclosure and Dispute Resolution Act 
     (15 U.S.C. 5714(1)) is amended to read as follows:
       ``(1) The term `pay-per-call services' has the meaning 
     provided in section 228(j)(1) of the Communications Act of 
     1934, except that the Commission by rule may, notwithstanding 
     subparagraphs (B) and (C) of such section, extend such 
     definition to other similar services providing audio 
     information or audio entertainment if the Commission 
     determines that such services are susceptible to the unfair 
     and deceptive practices that are prohibited by the rules 
     prescribed pursuant to section 201(a).''.
                                                                    ____

                           Amendment No. 1323

       On page 109, line 4, strike out ``3 years'' and insert in 
     lieu thereof ``6 years''.
                                                                    ____


                           Amendment No. 1324

       On page 146, below line 14, add the following:

     SEC. 409. DISCLOSURE OF CERTAIN RECORDS FOR INVESTIGATIONS OF 
                   TELEMARKETING FRAUD.

       Section 2703(c)(1)(B) of title 18, United States Code, is 
     amended--
       (1) by striking out ``or'' at the end of clause (ii);
       (2) by striking out the period at the end of clause (iii) 
     and inserting in lieu thereof ``; or''; and
       (3) by adding at the end the following:
       ``(iv) submits a formal written request for information 
     relevant to a legitimate law enforcement investigation of the 
     governmental entity for the name, address, and place of 
     business of a subscriber or customer of such provider, which 
     subscriber or customer is engaged in telemarketing (as such 
     term is in section 2325 of this title).''.
                                 ______


                       WARNER AMENDMENT NO. 1325

  (Ordered to lie on the table.)
  Mr. WARNER submitted an amendment intended to be proposed by him to 
the bill S. 652, supra; as follows:

       At the end of section 222 of the bill, insert the 
     following:
       (c) Additional Requirements Relating to Research and Design 
     Activities with Respect to Manufacturing.--(1) In addition to 
     the rules required under section 256(a)(2) of the 
     Communications Act of 1934, as added by subsection (a), a 
     Bell operating company may not engage in the activities or 
     enter into the agreements referred to in such section 
     256(a)(2) until the Commission adopts the rules required 
     under paragraph (2).
       (2) The Commission shall adopt rules that--
       (A) provide for the full, ongoing disclosure by the Bell 
     operating companies of all protocols and technical 
     specifications required for connection with and to the 
     telephone exchange networks of such companies, and of any 
     proposed research and design activities or other planned 
     revisions to the networks that might require a revision of 
     such protocols or specifications;
       (B) prevent discrimination and cross-subsidization by the 
     Bell operating companies in their transactions [regarding 
     what?] with third parties and with the affiliates of such 
     companies; and
       (C) ensure that the research and design activities [by the 
     Bell operating companies?] [with respect to what?] are 
     clearly delineated and kept separate from other manufacturing 
     activities [of the Bell operating companies?].
                                 ______


                       GORTON AMENDMENT NO. 1326

  (Ordered to lie on the table.)
  Mr. GORTON submitted an amendment intended to be proposed by him to 
the bill S. 652, supra; as follows:

       On page 144, strike out lines 13 through 17, and insert the 
     following in lieu thereof:
       (2) In paragraph (2)(a)(1)--
       (A) by striking ``wire or electronic communication'' each 
     place it appears and inserting ``wire, electronic, or digital 
     communication'' for the first occurrence and ``such 
     communication'' for the second and third occurrence;
       (B) by inserting a comma after ``activity''; and
       (C) by adding thereafter ``including the investigation of 
     fraudulent or unlawful use of wire, electronic, or digital 
     communication services by any person,''.
                                 ______


                      EXON AMENDMENT NO. 1327-1329

  (Ordered to lie on the table.)
  Mr. EXON submitted three amendments intended to be proposed by him to 
the bill S. 652, supra; as follows:

                           Amendment No. 1327

       On page 144, strike lines 1 through 17, and in lieu thereof 
     insert the following:

     SEC. 405. DISSEMINATION OF INDECENT MATERIAL ON CABLE 
                   TELEVISION SERVICE.

       (a) In General.--Chapter 71 of title 18, United States 
     Code, is amended by inserting after section 1464 the 
     following:

     ``Sec. 1464A. Dissemination of indecent material on cable 
       television

       ``(a) Whoever knowingly disseminates any indecent material 
     on any channel provided to all subscribers as part of a basic 
     cable television package shall be imprisoned not more than 
     two years or fined under this title, or both.
       ``(b) As used in this section, the term `basic cable 
     television package' means those channels provided by any 
     means for a basic cable subscription fee to all cable 
     subscribers, including `basic cable service' and `other 
     programming service' as those terms are defined in section 
     602 of the Communications Act of 1939 but does not include 
     separate channels that are provided to subscribers upon 
     specific request, whether or not a separate or additional fee 
     is charged.''.
       ``(c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 71 of title 18, United States Code, is 
     amended by inserting after the item relating to section 1464 
     the following new item:
``1464A. Dissemination of indecent material on cable television.''.

                                                                    ____
                           Amendment No. 1328

       On page 144, strike lines 1 through 17.
                                                                    ____

                           Amendment No. 1329

       On page 137 beginning with line 12 strike through line 10 
     on page 143 and insert the following:
       (1) by striking subsection (a) and inserting in lieu 
     thereof:
       ``(a) Whoever--
       ``(1) in the District of Columbia or in interstate or 
     foreign communications
       ``(A) by means of telecommunications device knowingly--
       ``(i) makes, creates, or solicits, and
       ``(ii) initiates the transmission of,

     any comment, request, suggestion, proposal, image, or other 
     communication which is obscene, lewd, lascivious, filthy, or 
     indecent, with intent to annoy, abuse, threaten, or harass 
     another person;
       ``(B) makes a telephone call or utilizes a 
     telecommunications device, whether or not conversation or 
     communication ensures, without disclosing his identify and 
     with intent to annoy, abuse, threaten, or harass any person 
     at the called number or who receives the communication;
       ``(C) makes or causes the telephone of another repeatedly 
     or continuously to ring, with intent to harass any person at 
     the called number; or
       ``(D) makes repeated telephone calls or repeatedly 
     initiates communication with a telecommunications device, 
     during which conversation or communication ensues, solely to 
     harass any person at the called number or who receives the 
     communication; or [[Page S8282]] 
       ``(2) knowingly permits any telecommunications facility 
     under his control to be used for any activity prohibited by 
     paragraph (1) with the intent that it be used for such 
     activity,

     shall be fined not more than $100,000 or imprisoned not more 
     than two years, or both.''; and
       (2) by adding at the end the following new subsections:
       ``(d) Whoever--
       ``(1) knowingly within the United States or in foreign 
     communications with the United States by means of 
     telecommunications device makes or makes available any 
     obscene communication in any form including any comment, 
     request, suggestion, proposal, or image regardless of whether 
     the maker of such communication placed the call or initiated 
     the communications; or
       ``(2) knowingly permits any telecommunications facility 
     under such person's control to be used for an activity 
     prohibited by subsection (d)(1) with the intent that it be 
     used for such activity;

     shall be fined not more than $100,000 or imprisoned nor more 
     than two years or both.
       ``(e) Whoever--
       ``(1) knowingly within the United States or in foreign 
     communications with the United States by means of 
     telecommunications device makes or makes available any 
     indecent communication in any form including any comment, 
     request, suggestion, proposal, image, to any person under 18 
     years of age regardless of whether the maker of such 
     communication placed the call or initiated the communication; 
     or
       ``(2) knowingly permits any telecommunications facility 
     under such person's control to be used for activity 
     prohibited by paragraph (1) with the intent that it be used 
     for such activity,

     shall be fined not more than $100,000 or imprisoned not more 
     than two years or both.
       ``(f) Defense to the subsections (a), (d), and (e), 
     restrictions on access, judicial remedies respecting 
     restrictions for persons providing information services and 
     access to information services--
       ``(1) No person shall be held to have violated subsections 
     (a), (d), or (e) solely for providing access or connection to 
     or from a facility, system, or network over which that person 
     has no control, including related capabilities which are 
     incidental to providing access or connection. This subsection 
     shall not be applicable to an individual who is owned or 
     controlled by, or a conspirator with, an entity actively 
     involved in the creation, editing or knowing distribution of 
     communications which violate this section.
       ``(2) No employer shall be held liable under this section 
     for the actions of an employee or agent unless the employee's 
     or agent's conduct is within the scope of his employment or 
     agency and the employer has knowledge of, authorizes, or 
     ratifies the employee's or agent's conduct.
       ``(3) It is a defense to prosecution under subsection (a), 
     (d)(2), or (e) that a person has taken reasonable, effective 
     and appropriate actions in good faith to restrict or prevent 
     the transmission of, or access to a communication specified 
     in such subsections, or complied with procedures as the 
     Commission may prescribe in furtherance of this section. 
     Until such
      regulations become effective, it is a defense to prosecution 
     that the person has complied with the procedures 
     prescribed by regulation pursuant to subsection (b)(3). 
     Nothing in this subsection shall be construed to treat 
     enhanced information services as common carriage.
       ``(4) No cause of action may be brought in any court or 
     administrative agency against any person on account of any 
     activity which is not in violation of any law punishable by 
     criminal or civil penalty, which activity the person has 
     taken in good faith to implement a defense authorized under 
     this section or otherwise to restrict or prevent the 
     transmission of, or access to, a communication specified in 
     this section.
       ``(g) No State or local government may impose any liability 
     for commercial activities or actions by commercial entities 
     in connection with an activity or action which constitutes a 
     violation described in subsection (a)(2), (d)(2), or (e)(2) 
     that is inconsistent with the treatment of those activities 
     or actions under this section provided, however, that nothing 
     herein shall preclude any State or local government from 
     enacting and enforcing complementary oversight, liability, 
     and regulatory systems, procedures, and requirements, so long 
     as such systems, procedures, and requirements govern only 
     intrastate services and do not result in the imposition of 
     inconsistent rights, duties or obligations on the provision 
     of interstate services. Nothing in this subsection shall 
     preclude any State or local government from governing conduct 
     not covered by this section.
       ``(h) Nothing in subsection (a), (d), (e), or (f) or in the 
     defenses to prosecution under (a), (d), or (e) shall be 
     construed to affect or limit the application or enforcement 
     of any other Federal law.
       ``(i) The use of the term `telecommunications device' in 
     this section shall not impose new obligations on (one-way) 
     broadcast radio or (one-way) broadcast television operators 
     licensed by the Commission or (one-way) cable service 
     registered with the Federal Communications Commission and 
     covered by obscenity and indecency provisions elsewhere in 
     this Act.''
       ``(j) Within two years from the date of enactment and every 
     two years thereafter, the Commission shall report on the 
     effectiveness of this section.''.
                                 ______


                  EXON (AND OTHERS) AMENDMENT NO. 1330

  (Ordered to lie on the table.)
  Mr. EXON (for himself, Mr. Dorgan, and Mr. Byrd) submitted an 
amendment intended to be proposed by them to the bill S. 652, supra; as 
follows:

       On page 49, line 15 after ``Government (or its 
     representative)'' add the following: ``provided that the 
     President does not object within 15 days of such 
     determination'' and on page 50 between lines 14 and 15 insert 
     the following:
       ``(c) The Application of the Exon-Florio Law.--Nothing in 
     this section (47 U.S.C. 310) shall limit in any way the 
     application of 50 U.S.C. App. 2170 (the Exon-Florio law) to 
     any transaction.''
                                 ______


                    KERRY AMENDMENTS NOS. 1331-1334

  (Ordered to lie on the table.)
  Mr. KERRY submitted four amendments intended to be proposed by him to 
the bill S. 652, supra; as follows:

                           Amendment No. 1331

       Strike Section 311 (Kerry payphone amendment) in its 
     entirety and insert the following:
     SEC. 311. PROVISION OF PAYPHONE SERVICES AND TELEMESSAGING 
                   SERVICES.

       Part II of title II (47 U.S.C. 251 et seq.), as amended by 
     this Act, is amended by adding after section 264 the 
     following new section:

     ``SEC. 265. PROVISION OF PAYPHONE SERVICES AND TELEMESSAGING 
                   SERVICES.

       ``(a) Nondiscrimination Safeguards.--Any Bell operating 
     company that provides payphone services or telemessaging 
     services--
       ``(1) shall not subsidize its payphone services or 
     telemessaging services directly or indirectly with revenue 
     from its telephone exchange services or its exchange access 
     services; and
       ``(2) shall not prefer or discriminate in favor of its 
     payphone services or telemessaging services.
       ``(b) Regulations.--
       ``(1) In order to promote competition among payphone 
     service providers and promote the widespread deployment of 
     payphone services to the benefit of the general public, not 
     later than six months after the date of enactment of the Act 
     the Commission shall adopt rules, with such rules to take 
     effect concurrently no later than nine months after the date 
     of enactment of the Act, that:
       ``(A) Establish a per call compensation plan to ensure that 
     all payphone services providers are fairly compensated for 
     each and every completed intrastate and interstate call using 
     their payphone, except that emergency calls and 
     telecommunications relay services calls for hearing disabled 
     individuals shall not be subject to such compensation;
       ``(B) Discontinue the current intrastate carrier access 
     charge payphone service elements and payments, and all 
     intrastate and interstate payphone subsidies from basic 
     exchange and exchange access revenues, in favor of a 
     compensation plan as specified in subparagraph (A) above;
       ``(C) Prescribe a set of nonstructural safeguards for Bell 
     operating company payphone service to implement the 
     provisions of paragraphs (1) and (2) of subsection (a), which 
     safeguards shall, at a minimum, include the nonstructural 
     safeguards equal to those adopted in the Computer Inquiry-
     III, CC Docket No. 90-623 proceeding; and
       ``(D) Provide for Bell operating company payphone service 
     providers to have the same right that independent payphone 
     providers have to negotiate with the location provider on 
     selecting and contracting with, and, subject to the terms of 
     any agreement with the location provider, to select and 
     contract with the carriers that carry interLATA calls from 
     their payphones, and provide for all payphone service 
     providers to have the right to negotiate with the location 
     provider on selecting and contracting with, and, subject to 
     the terms of any agreement with the location provider, to 
     select and contract with the carriers that carry intraLATA 
     calls from their payphones. Nothing in this section shall 
     affect any existing contracts between location providers and 
     payphone service providers or interLATA or intraLATA carriers 
     that are in force and effect as of the date of enactment.
       ``(2) Public interest telephones.--In the rulemaking 
     conducted pursuant to Paragraph (1), the Commission shall 
     determine whether public interest payphones, which are 
     provided in the interest of public health, safety, and 
     welfare, in locations where there would otherwise not be 
     payphone, should be maintained, and if so, ensure that such 
     public interest payphones are supported fairly and equitably.
       ``(c) State Preemption.--To the extent that any State 
     requirements are inconsistent with the Commission's 
     regulations, the Commission's regulations on such matters 
     shall preempt such State requirements.
       ``(d) Rulemaking for Telemessaging.--In a separate 
     proceeding, the Commission shall determine whether, to 
     enforce the requirements of this section, it is appropriate 
     to require the Bell operating companies to provide 
     telemessaging services through a separate subsidiary that 
     meets the requirements of Section 252. [[Page S8283]] 
       ``(e) Modification of Final Judgment.--Notwithstanding any 
     other provision of law, or any prior prohibition or 
     limitation established pursuant to the Modification of Final 
     Judgment, the Commission is directed and authorized to 
     implement this section.
       ``(f) Definitions.--As used in the Act:
       ``(1) The term `payphone service' means the provision of 
     public or semi-public pay telephones, the provision of inmate 
     telephone in correctional institutions, and any ancillary 
     services;''
       ``(2) the term `telemessaging services' means voice mail 
     and voice storage and retrieval services provided over 
     telephone lines, any live operator services used to record, 
     transcribe, or relay messages (other than telecommunication 
     relay services), and any ancillary services offered in 
     combination with these services.''.
                                                                    ____

                           Amendment No. 1332

       Strike Section 311 (Kerry payphone amendment) in its 
     entirety and insert the following:

     ``SEC. 311. PROVISION OF PAYPHONE SERVICES AND TELEMESSAGING 
                   SERVICES.

       Part II of title II (47 U.S.C. 251 et seq.), as amended by 
     this Act, is amended by adding after section 264 the follow 
     new section:

     ``SEC 265. PROVISION OF PAYPHONE SERVICES AND TELEMESSAGING 
                   SERVICES.

       ``(a) Nondiscrimination Safeguards.--Any Bell operating 
     company that provides payphone services or telemessaging 
     services--
       ``(1) shall not subsidize its payphone services or 
     telemessaging services directly or indirectly with revenue 
     from its telephone exchange services or its exchange access 
     services; and
       ``(2) shall not prefer or discriminate in favor of its 
     payphone services or telemessaging services.
       ``(b) Regulations.--
       ``(1) In order to promote competition among payphone 
     service providers and promote the widespread deployment of 
     payphone services to the benefit of the general public, not 
     later than six months after the date of enactment of the Act 
     the Commission shall----
       ``(A) adopt rules, with such rules to take effect 
     concurrently no later than nine months after the date of 
     enactment of the Act, that----
       ``(i) Establish a per call compensation plan to ensure that 
     all payphone services providers are fairly compensated for 
     each and every completed intrastate and interstate call using 
     their payphone, except that emergency calls and 
     telecommunications relay service calls for hearing disabled 
     individuals shall not be subject to such compensation;
       ``(ii) Discontinue the current intrastate and interstate 
     carrier access charge payphone service elements and payments, 
     and all intrastate and interstate payphone subsidies from 
     basic exchange and exchange access revenues, in favor of a 
     compensation plan as specified in subparagraph (A) above;
       ``(iii) Prescribe a set of nonstructural safeguards for 
     Bell operating company payphone service to implement the 
     provisions of paragraphs (1) and (2) of subsection (a), which 
     safeguards shall, at a minimum, include the nonstructural 
     safeguards equal to those adopted in the Computer Inquiry-
     III, CC Docket No. 90-623 proceeding; and
       ``(B) In the rulemaking conducted pursuant to subparagraph 
     (A), determine whether to provide for Bell operating company 
     payphone service providers to have the same right that 
     independent payphone providers have to negotiate with the 
     location provider on selecting and contracting with, and, 
     subject to the terms of any agreement with the location 
     provider, to select and contract with the carriers that carry 
     interLATA calls from their payphones, and provide for all 
     payphone service providers to have the right to negotiate 
     with the location provider on selecting and contracting with, 
     and, subject to the terms of any agreement with the location 
     provider, to select and contract with the carriers that carry 
     intraLATA calls from their payphones, provided that nothing 
     in this section or in any regulations adopted by the 
     Commission shall affect any existing contracts between 
     location providers and payphone service providers or
      interLATA or intraLATA carriers that are in force and effect 
     as of the date of enactment.
       ``(2) Public interest payphones.--In the rulemaking 
     conducted pursuant to Paragraph (1), the Commission shall 
     determine whether public interest payphones, which are 
     provided in the interest of public health, safety, and 
     welfare, in locations where there would otherwise not be a 
     payphone, should be maintained, and if so, ensure that such 
     public interest payphones are supported fairly and equitably.
       ``(c) State Preemption.--To the extent that any State 
     requirements are inconsistent with the Commission's 
     regulations, adopted in the rulemaking conducted pursuant to 
     subsection (b) the Commission's regulations on such matters 
     shall preempt such State requirements.
       ``(d) Rulemaking for Telemessaging.--In a separate 
     proceeding, the Commission shall determine whether, to 
     enforce the requirements of this section, it is appropriate 
     to require the Bell operating companies to provide 
     telemessaging services through a separate subsidiary that 
     meets the requirements of Section 252.
       ``(e) Modification of Final Judgment.--Notwithstanding any 
     other provision of law, or any prior prohibition or 
     limitation established pursuant to the Modification of Final 
     Judgment, the Commission is directed and authorized to 
     implement this section.
       ``(f) Definitions.--As used in the Act:
       ``(1) the term `payphone service' means the provision of 
     public or semi-public pay telephones, the provision of inmate 
     telephone in correctional institutions, and any ancillary 
     services;
       ``(2) the term `telemessaging services' means voice mail 
     and voice storage and retrieval services provided over 
     telephone lines, any live operator services used to record, 
     transcribe, or relay messages (other than telecommunication 
     relay services), and any ancillary services offered in 
     combination with these services.''
                                                                    ____


                           Amendment No. 1333

       Strike Section 311 (Kerry payphone amendment) in its 
     entirety and insert the following:

     SEC. 311. PROVISION OF PAYPHONE SERVICES AND TELEMESSAGING 
                   SERVICES.

       Part II of title 11 (47 U.S.C. 251 et seq.), as amended by 
     this Act, is amended by adding after section 264 the 
     following new section:

     ``SEC. 265. PROVISION OF PAYPHONE SERVICES AND TELEMESSAGING 
                   SERVICES

       ``(a) Nondiscrimination Safeguards.--On the date that the 
     regulations issued pursuant to subsection (b) take effect, 
     any Bell operating company that provides payphone services or 
     telemessaging services----
       ``(1) shall not subsidize its payphone services or 
     telemessaging services directly or indirectly with revenue 
     from its telephone exchange services or its exchange access 
     services; and
       ``(2) shall not prefer or discriminate in favor of its 
     payphone services or 13 telemessaging services.
       ``(b) Regulations.--
       (1) In order to promote competition among payphone service 
     providers and promote the widespread deployment of payphone 
     services to the benefit of the general public, the Commission 
     shall conduct a rulemaking, with such rulemaking to be 
     concluded not later than six months after the date of 
     enactment of the Act and with such rules as the Commission 
     may adopt in such rulemaking to take effect concurrently no 
     later than nine months after the date of enactment of the 
     Act, in which the Commission shall determine whether:
       ``(A) To establish a compensation plan to ensure that all 
     payphone services providers are fairly compensated for each 
     and every completed intrastate and interstate call using 
     their payphone, which plan shall take into consideration the 
     payphone provider's demonstrated costs or some other means of 
     determining the value of providing payphone access service, 
     except that emergency calls and telecommunications relay 
     service calls for hearing disabled individuals shall not be 
     subject to such compensation;
       ``(B) To discontinue the current intrastate and interstate 
     carrier access charge payphone service elements and payments, 
     and all intrastate and interstate payphone subsidies from 
     basic exchange and exchange access revenues;
       ``(C) To prescribe a set of nonstructural safeguards for 
     Bell operating company payphone service to implement the 
     provisions of paragraphs (1) and (2) of subsection (a), which 
     safeguards shall, at a minimum, include the nonstructural 
     safeguards equal to those adopted in the Computer Iizquiry-
     III, CC Docket No. 90-623 proceeding; and
       ``(D) To provide for Bell operating company payphone 
     service providers to have the same right that independent 
     payphone providers have to negotiate with the location 
     provider on selecting and contracting with, and, subject to 
     the terms of any agreement with the location provider, to 
     select and contract with the carriers that carry interLATA 
     calls from their payphones, and provide for all payphone 
     service providers to have the right to negotiate with the 
     location provider on selecting and contracting with, and, 
     subject to the terms of any agreement with the location 
     provider, to select and contract with the carriers that carry 
     intraLATA calls from their payphones, provided that nothing 
     in this section or in any regulation adopted by the 
     Commission shall affect any existing contracts between 
     location providers and payphone service providers or 
     interLATA or intraLATA carriers that are in force and effect 
     as of the date of enactment
       ``(2) Public interest telephones.--In the rulemaking 
     conducted pursuant to Paragraph (1), the Commission shall 
     determine whether public interest payphones, which are 
     provided in the interest of public health, safety, and 
     welfare, in locations where there would otherwise not be a 
     payphone, should be maintained, and if so, ensure that such 
     public interest payphones are supported fairly and equitably.
       ``(c) State Preemption.--To the extent that any State 
     requirements are inconsistent with the Commission's 
     regulations adopted in the rulemaking conducted pursuant to 
     subsection (b), the Commission's regulations on such matters 
     shall preempt such State requirements.
       ``(d) Rulemaking for Telemessaging.--In a separate 
     proceeding, the Commission shall determine whether, to 
     enforce the requirements of this section, it is appropriate 
     to require the Bell operating companies to provide 
     telemessaging services through a separate subsidiary that 
     meets the requirements of Section 252.
       ``(e) Modification of Final Judgment.--Notwithstanding any 
     other provision of law, or any prior prohibition or 
     limitation established pursuant to the Modification of Final 
     Judgment, the Commission is directed and authorized to 
     implement this section.
        [[Page S8284]] ``(f) Definitions.--As used in the Act:
       ``(1) the term `payphone service' means the provision of 
     public or semi-public pay telephones, the provision of inmate 
     telephone in correctional institutions, and ancillary 
     services;
       ``(2) the term `telemessaging services' means voice mail 
     and voice storage retrieval services provided over telephone 
     lines, any live operator services used to record, transcribe, 
     or relay messages (other than telecommunication relay 
     services), and ancillary services offered in combination with 
     these services.''
                                                                    ____

                           Amendment No. 1334

     SEC. 311. PROVISION OF PAYPHONE SERVICE AND TELEMESSAGING 
                   SERVICE

       Part II of title II (47 U.S.C. 251 et seq.), as added by 
     this Act, is amended by adding after section 264 the 
     following new section:

     ``SEC. 265. PROVISION OF PAYPHONE SERVICE AND TELEMESSAGING 
                   SERVICE.

       ``(a) Nondiscrimination Safeguards.--Any Bell operating 
     company that provides payphone service or telemessaging 
     service--
       ``(1) shall not subsidize its payphone service or 
     telemessaging service directly or indirectly with revenue 
     from its telephone exchange service or its exchange access 
     service; and
       ``(2) shall not prefer or discriminate in favor of its 
     payphone service or telemessaging service.
       ``(b) Definitions.--As used in this section--
       ``(1) The term `payphone service' means the provision of 
     telecommunications service through public or semi-public pay 
     telephones, and includes the provision of service to inmates 
     in correctional institutions.
       ``(2) The term `telemessaging service' means voice mail and 
     voice storage and retrieval services, any live operator 
     services used to record, transcribe, or relay messages (other 
     than telecommunications relay services), and any ancillary 
     services offered in combination with these services.
       ``(c) Regulations.--Not later than 9 months after the date 
     of enactment of the Telecommunications Act of 1995, the 
     Commission shall complete a rulemaking proceeding to 
     prescribe regulations to carry out this section and 
     [determine whether to] adopt a per call compensation system 
     to provide fair compensation for all payphone providers that 
     applies to local exchange carriers once payphone service is 
     removed from the regulated accounts of local exchange 
     carriers. In that rulemaking proceeding, the Commission shall 
     determine whether, in order to enforce the requirements of 
     this section, it is appropriate to adopt regulations to 
     require the Bell operating companies to provide payphone 
     service or telemessaging service through a separate 
     subsidiary that meets the requirements of section 252, allow 
     the Bell operating companies to choose the interLATA carrier 
     from Bell operating company payphones, and adopt other 
     regulations to carry out the purposes of this Section. The 
     rules adopted pursuant to this subsection shall take effect 
     concurrently.''.
                                 ______


                       KERREY AMENDMENT NO. 1335

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

       On page 94, strike out line 16 and all that follows page 
     94, line 23, and insert in lieu thereof the following:
       ``(B) providing--
       ``(i) a telecommunications service, using the transmission 
     facilities of a cable system that is an affiliate of such 
     company, between LATAs within a cable system franchise area 
     in which such company is not, on the date of enactment of the 
     Telecommunications Act of 1995, a provider of wireline 
     telephone exchange service, or
       ``(ii) two-way interactive video services or Internet 
     services over dedicated facilities to or for elementary and 
     secondary schools as defined in section 264(d),''
                                 ______


                      FEINSTEIN AMENDMENT NO. 1336

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
to the bill S. 652, supra; as follows:

       On page 136, below line 21, add the following:

     SEC. 312. CABLE EQUIPMENT COMPATIBILITY.

       (a) Findings.--Subsection (a) of section 624A (47 U.S.C. 
     544A) is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following:
       ``(4) compatibility among televisions, video cassette 
     recorders, and cable systems can be assured with narrow 
     technical standards that mandate a minimum degree of common 
     design and operation, leaving all features, functions, 
     protocols, and other product and service options for 
     selection through open competition in the market.''.
       (b) Rulemaking Requirements.--Subsection (c) of such 
     section is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively; and
       (B) by inserting before subparagraph (B), as so 
     redesignated, the following new subparagraph (A):
       ``(A) the need to maximize open competition in the market 
     for all features, functions, protocols, and other products 
     and service options of converter boxes and other cable 
     converters unrelated to the descrambling or decryption of 
     cable television signals;''; and
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (B) by inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) to ensure that any standards or regulations developed 
     under the authority of this section to ensure compatibility 
     between television, video cassette recorders, and cable 
     systems do not affect features, functions, protocols, and 
     other product and service options (including 
     telecommunications interface equipment, home automation 
     communications, and computer network services) other than 
     those specified in paragraph (1)(B);''.
                                 ______


                      LIEBERMAN AMENDMENT NO. 1337

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted an amendment intended to be proposed by him 
to the bill S. 652, supra; as follows:

       On page 3, strike out line 12 and all that follows through 
     page 4, line 16, and insert in lieu thereof the following:

     SEC. 503. RATING CODE FOR VIOLENCE AND OTHER OBJECTIONABLE 
                   CONTENT ON TELEVISION.

       (a) Sense of Congress on Voluntary Establishment of Rating 
     Code.--It is the sense of Congress--
       (1) to encourage appropriate representatives of the 
     broadcast television industry and the cable television 
     industry to establish in a voluntary manner rules for rating 
     the level of violence or other objectionable content in 
     television programming, including rules for the transmission 
     by television broadcast stations and cable systems of--
       (A) signals containing ratings of the level of violence or 
     objectionable content in such programming; and
       (B) signals containing specifications for blocking such 
     programming;
       (2) to encourage such representatives to establish such 
     rules in consultation with appropriate public interest groups 
     and interested individuals from the private sector; and
       (3) to encourage television broadcasters and cable 
     operators to comply voluntarily with such rules upon the 
     establishment of such rules.
       (b) Requirement for Establishment of Rating Code.--
       (1) In general.--If the representatives of the broadcast 
     television industry and the cable television industry do not 
     establish the rules referred to in subsection (a)(1) by the 
     end of the 1-year period beginning on the date of the 
     enactment of this Act, there shall be established on the day 
     following the end of that period a commission to be known as 
     the Television Rating Commission (hereafter in this section 
     referred to as the ``Television Commission''). The Television 
     Commission shall be an independent establishment in the 
     executive branch as defined under section 104 of title 5, 
     United States Code.
       (2) Members.--
       (A) In general.--The Television Commission shall be 
     composed of 5 members, of whom--
       (i) three shall be appointed by the President, by and with 
     the advice and consent of the Senate; and
       (ii) two shall be representatives of the broadcast 
     television industry and the cable television industry.
       (B) Nomination.--Individuals shall be nominated for 
     appointment under subparagraph (A)(i) not later than 60 days 
     after the date of the establishment of the Television 
     Commission.
       (D) Terms.--Each member of the Television Commission shall 
     serve until the termination of the commission.
       (E) Vacancies.--A vacancy on the Television Commission 
     shall be filled in the same manner as the original 
     appointment.
       (2) Duties of television commission.--The Television 
     Commission shall establish rules for rating the level of 
     violence or other objectionable content in television 
     programming, including rules for the transmission by 
     television broadcast stations and cable systems of--
       (A) signals containing ratings of the level of violence or 
     objectionable content in such programming; and
       (B) signals containing specifications for blocking such 
     programming.
       (3) Compensation of Members.--
       (A) Chairman.--The Chairman of the Television Commission 
     shall be paid at a rate equal to the daily equivalent of the 
     minimum annual rate of basic pay payable for level IV of the 
     Executive Schedule under section 5314 of
      title 5, United States Code, for each day (including 
     traveltime) during which the Chairman is engaged in the 
     performance of duties vested in the commission.
       (B) Other members.--Except for the Chairman who shall be 
     paid as provided under subparagraph (A), each member of the 
     Television Commission shall be paid at a rate equal to the 
     daily equivalent of the minimum annual rate of basic pay 
     payable for level V of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day (including 
     traveltime) during which the member is engaged in the 
     performance of duties vested in the 
     commission. [[Page S8285]] 
       (4) Staff.--
       (A) In general.--The Chairman of the Television Commission 
     may, without regard to the civil service laws and 
     regulations, appoint and terminate an executive director and 
     such other additional personnel as may be necessary to enable 
     the commission to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     commission.
       (B) Compensation.--The Chairman of the Television 
     Commission may fix the compensation of the executive director 
     and other personnel without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the executive director and other personnel may not exceed 
     the rate payable for level V of the Executive Schedule under 
     section 5316 of such title.
       (5) Consultants.--The Television Commission may procure by 
     contract, to the extent funds are available, the temporary or 
     intermittent services of experts or consultants under section 
     3109 of title 5, United States Code. The commission shall 
     give public notice of any such contract before entering into 
     such contract.
       (6) Funding.--Funds for the activities of the Television 
     Commission shall be derived from fees imposed upon and 
     collected from television broadcast stations and cable 
     systems by the Federal Communications Commission. The Federal 
     Communications Commission shall determine the amount of such 
     fees in order to ensure that sufficient funds are available 
     to the Television Commission to support the activities of the 
     Television Commission under this subsection.
                                 ______


                        BROWN AMENDMENT NO. 1338

  (Ordered to lie on the table.)
  Mr. BROWN submitted an amendment intended to be proposed by him 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:
       ``(4) Determination by attorney general.--
       (A) Revised standard.--Notwithstanding the standard of 
     approval set forth in subparagraph (C) of section 255(c)(2) 
     of the Communications Act of 1934, as added by section 221(a) 
     of this Act, the Attorney General shall approve an 
     authorization requested in an application referred to in that 
     subparagraph unless the Attorney General finds that there is 
     a dangerous probability that the Bell operating company 
     covered by the application or its affiliates would 
     successfully use market power to impede competition in the 
     market such company seeks to enter.
       (B) Deadline for approval.--Notwithstanding any provision 
     of section 225(c) of the Communications Act of 1934, as so 
     added, if the Attorney General does not approve or deny an 
     application referred to in paragraph (1) of that section 
     within 90 days of its submittal to the Attorney General, the 
     application shall be deemed approved by the Attorney General.
       ``(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''.
                                 ______


                        GRAMM AMENDMENT NO. 1339

  (Ordered to lie on the table.)
  Mr. GRAMM submitted an amendment intended to be proposed by him to 
the bill S. 652, supra; as follows:

       Strike section 206(f)(3), and insert in lieu thereof the 
     following:
       ``(3) Availability of auditor's report.--The auditor's 
     report shall be provided to the State commission within 180 
     days after the selection of the auditor, and provided to the 
     public utility company 60 days thereafter.''
                                 ______


                  BOXER (AND LEVIN) AMENDMENT NO. 1340

  (Ordered to lie on the table.)
  Mrs. BOXER (for herself and Mr. Levin) submitted an amendment 
intended to be proposed by them to the bill S. 652, supra; as follows:

       On page 71, between lines 2 and 3, insert the following:
       (d) Preservation of Basic Tier Service.--Section 623 (47 
     U.S.C. 543) is further amended by adding at the end the 
     following:
       ``(n) Preservation of Basic Tier Service.--A cable operator 
     may not cease to furnish as part of its basic service tier 
     any programming that is part of such basic service tier on 
     January 1, 1995, unless the franchising authority for the 
     franchise area concerned approves the action.''.
                                 ______


                        DOLE AMENDMENT NO. 1341

  (Ordered to lie on the table.)
  Mr. DOLE submitted an amendment intended to be proposed by him to the 
bill S. 652, supra; as follows:

       On page 70, beginning with line 22, strike through line 2 
     on page 71.
                                 ______


                        KERRY AMENDMENT NO. 1342

  (Ordered to lie on the table.)
  Mr. KERRY submitted an amendment intended to be proposed by him to 
the bill S. 652, supra; as follows:

       On page 146, strike line 14 and insert in lieu the 
     following: ``cency, or nudity''.
       This section shall not become effective unless the 
     Commission shall prohibit any telecommunications carrier from 
     excluding from any of such carrier's services any high-cost 
     area, or any area on the basis of the rural location or the 
     income of the residents of such area; provided that a carrier 
     may exclude an area in which the carrier can demonstrate 
     that--
       (1) providing a service to such area will be less 
     profitable for the carrier than providing the service in 
     areas to which the carrier is already providing or has 
     proposed to provide the service; and--
       (2) there will be insufficient consumer demand for the 
     carrier to earn some return over the long term on the capital 
     invested to provide such service to such area.
       The Commission shall provide for public comment on the 
     adequacy of the carrier's proposed service area on the basis 
     of the requirements of this section.
                                 ______


                       DORGAN AMENDMENT NO. 1343

  (Ordered to lie on the table.)
  Mr. DORGAN submitted an amendment intended to be proposed by him to 
the bill S. 652, supra; as follows:

       On page 93, after line 12, insert the following:
       ``(6) Notification of attorney general.--
       ``(A) Notification.--The Commission shall immediately 
     notify the Attorney General of any approval of an application 
     under paragraph (l).
       ``(B) Action by attorney general.--Upon notification of an 
     approval of an application under paragraph (l), the Attorney 
     may commence an action in any United States District Court 
     if--
       ``(i) the Attorney General determines that the 
     authorization granted by the Commission may substantially 
     lessen competition or tend to create a monopoly; or
       ``(ii) the Attorney General determines that the 
     authorization granted by the Commission is inconsistent with 
     any recommendation of the Attorney General provided to the 
     Commission pursuant to paragraph (2) of this section.

     ``The commencement of such an action shall stay the 
     effectiveness of the Commission's approval unless the court 
     shall otherwise specifically order.
       ``(C) Standard of review.--In any such action, the court 
     shall review de novo the issues presented. The court may only 
     uphold the Commission's authorization if the court finds that 
     the effect of such authorization will not be substantially to 
     lessen competition or to tend to create a monopoly in any 
     line of commerce in any section of the country. The court may 
     uphold all or part of the authorization.''
                                 ______

                    KERREY AMENDMENTS NOS. 1344-1345

  (Ordered to lie on the table.)
  Mr. KERREY submitted two amendments intended to be proposed by him to 
the bill S. 652, supra; as follows:

                           Amendment No. 1344

       On page 37, line 7, insert after ``service.'' the 
     following: ``In addition to the members of the Joint Board 
     required under such section 410(c), one member of the Joint 
     Board shall be an appointed utility consumer advocate of a 
     State who is nominated by a national organization of State 
     utility consumer advocates.''.
                                                                    ____


                           Amendment No. 1345

       On page 37, on line 7, after ``service.'', insert: ``In 
     addition to the members required under section 410(c) of the 
     Communications Act of 1934, one member of the Joint Board 
     shall be a State-appointed utility consumer advocate 
     nominated by a national organization of State utility 
     consumer advocates.''
                                 ______


                       HEFLIN AMENDMENT NO. 1346

  (Ordered to lie on the table.)
  Mr. HEFLIN submitted an amendment intended to be proposed by him to 
the bill S. 652, supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC.   . AUTHORITY TO ACQUIRE CABLE SYSTEMS.

       (a) In General.--Notwithstanding the provisions of section 
     613(b)(b)(6) of the Communications Act of 1934, as added by 
     section 213(a) of this Act, or any other provision of law, a 
     local exchange carrier (or any affiliate of such carrier 
     owned by, operated by, controlled by, or under common control 
     with [[Page S8286]] such carrier) may obtain a controlling 
     interest in, management interest in, or enter into a joint 
     venture or partnership with any cable system described in 
     subsection (b).
       (b) Covered Cable Systems.--Subsection (a) applies to any 
     cable system that serves incorporated or unincorporated 
     places or territories having fewer than 50,000 inhabitants if 
     more than----percent the subscriber base of such system 
     serves individuals living outside an urbanized area, as 
     defined by the Bureau of the Census.
       (c) Definition.--For purposes of this section, the term 
     ``local exchange carrier'' has the meaning given such term in 
     section 3(kk) of the Communications Act of 1934, as added by 
     section 8(b) of this Act.
                                 ______


                      LIEBERMAN AMENDMENT NO. 1347

  Mr. LIEBERMAN proposed an amendment to amendment No. 1275 proposed by 
Mr. Conrad to the bill S. 652, supra; as follows:

       On page 3, strike out line 12 and all that follows through 
     page 4, line 16, and insert in lieu thereof the following:

     SEC. 503. RATING CODE FOR VIOLENCE AND OTHER OBJECTIONABLE 
                   CONTENT ON TELEVISION.

       (a) Sense of Congress on Voluntary Establishment of Rating 
     Code.--It is the sense of Congress--
       (1) to encourage appropriate representatives of the 
     broadcast television industry and the cable television 
     industry to establish in a voluntary manner rules for rating 
     the level of violence or other objectionable content in 
     television programming, including rules for the transmission 
     by television broadcast stations and cable systems of--
       (A) signals containing ratings of the level of violence or 
     objectionable content in such programming; and
       (B) signals containing specifications for blocking such 
     programming;
       (2) to encourage such representatives to establish such 
     rules in consultation with appropriate public interest groups 
     and interested individuals from the private sector; and
       (3) to encourage television broadcasters and cable 
     operators to comply voluntarily with such rules upon the 
     establishment of such rules.
       (b) Requirement for Establishment of Rating Code.--
       (1) In general.--If the representatives of the broadcast 
     television industry and the cable television industry do not 
     establish the rules referred to in subsection (a)(1) by the 
     end of the 1-year period beginning on the date of the 
     enactment of this Act, there shall be established on the day 
     following the end of that period a commission to be known as 
     the Television Rating Commission (hereafter in this section 
     referred to as the ``Television Commission''). The Television 
     Commission shall be an independent establishment in the 
     executive branch as defined under section 104 of title 5, 
     United States Code.
       (2) Members.--
       (A) In general.--The Television Commission shall be 
     composed of 5 members, of whom--
       (i) three shall be appointed by the President, as 
     representatives of the public by and with the advice and 
     consent of the Senate; and
       (ii) two shall be appointed by the President, as 
     representatives of the broadcast television industry and the 
     cable television industry, by and with the advice and consent 
     of the Senate;
       (B) Nomination.--Individuals shall be nominated for 
     appointment under subparagraph (A)(i) not later than 60 days 
     after the date of the establishment of the Television 
     Commission.
       (D) Terms.--Each member of the Television Commission shall 
     serve until the termination of the commission.
       (E) Vacancies.--A vacancy on the Television Commission 
     shall be filled in the same manner as the original 
     appointment.
       (2) Duties of television commission.--The Television 
     Commission shall establish rules for rating the level of 
     violence or other objectionable content in television 
     programming, including rules for the transmission by 
     television broadcast stations and cable systems of--
       (A) signals containing ratings of the level of violence or 
     objectionable content in such programming; and
       (B) signals containing specifications for blocking such 
     programming.
       (3) Compensation of members.--
       (A) Chairman.--The Chairman of the Television Commission 
     shall be paid at a rate equal to the daily equivalent of the 
     minimum annual rate of basic pay payable for level IV of the 
     Executive Schedule under section 5314 of title 5, United 
     States Code, for each day (including traveltime) during which 
     the Chairman is engaged in the performance of duties vested 
     in the commission.
       (B) Other members.--Except for the Chairman who shall be 
     paid as provided under subparagraph (A), each member of the 
     Television Commission shall be paid at a rate equal to the 
     daily equivalent of the minimum annual rate of basic pay 
     payable for level V of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day (including 
     traveltime) during which the member is engaged in the 
     performance of duties vested in the commission.
       (4) Staff.--
       (A) In general.--The Chairman of the Television Commission 
     may, without regard to the civil service laws and 
     regulations, appoint and terminate an executive director and 
     such other additional personnel as may be necessary to enable 
     the commission to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     commission.
       (B) Compensation.--The Chairman of the Television 
     Commission may fix the compensation of the executive director 
     and other personnel without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the executive director and other personnel may not exceed 
     the rate payable for level V of the Executive Schedule under 
     section 5316 of such title.
       (5) Consultants.--The Television Commission may procure by 
     contract, to the extent funds are available, the temporary or 
     intermittent services of experts or consultants under section 
     3109 of title 5, United States Code. The commission shall 
     give public notice of any such contract before entering into 
     such contract.
       (6) Funding.--Funds for the activities of the Television 
     Commission shall be derived from fees imposed upon and 
     collected from television broadcast stations and cable 
     systems by the Federal Communications Commission. The Federal 
     Communications Commission shall determine the amount of such 
     fees in order to ensure that sufficient funds are available 
     to the Television Commission to support the activities of the 
     Television Commission under this subsection.

                                 ______


                BUMPERS (AND DASCHLE) AMENDMENT NO. 1348

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

       On page 76 after line 10, insert the following new 
     subsection: ``Authority to Disallow recovery of certain 
     costs.--Section 318 of the Federal Power Act (16 U.S.C. 825q) 
     is amended--
       (A) by inserting ``(a)'' after ``Sec. 318.''; and
       (B) by adding at the end of thereof the following:
       ``(b)(1) The Commission shall have the authority to 
     disallow recovery in jurisdictional rates of any costs 
     incurred by a public utility pursuant to a transaction that 
     has been authorized under section 13(b) of the Public Utility 
     Holding Company Act of 1935, including costs allocated to 
     such public utility in accordance with paragraph (d), if the 
     Commission determines that the recovery of such costs is 
     unjust, unreasonable, or unduly preferential or 
     discriminatory under sections 205 or 206 of this Act.
       ``(2) Nothing in the Public Utility Holding Company Act of 
     1935, or any actions taken thereunder, shall prevent a State 
     Commission from exercising its jurisdiction to the extent 
     otherwise authorized under applicable law with respect to the 
     recovery of a public utility in its retail rates of costs 
     incurred by such public utility pursuant to a transaction 
     authorized by the Securities and Exchange Commission under 
     section 13(b) between an associate company and such public 
     utility, including costs allocated to such public utility in 
     accordance with paragraph (d).
       ``(c) In any proceeding of the Commission to consider the 
     recovery of costs described in subsection (b)(1), there shall 
     be a rebuttable presumption that such costs are just, 
     reasonable, and not unduly discriminatory or preferential 
     within the meaning of this Act.
       ``(d)(1) In any proceeding of the Commission to consider 
     the recovery of costs, the Commission shall give substantial 
     deference to an allocation of charges for services, 
     construction work, or goods among associate companies under 
     section 13 of the Public Utility Holding Company Act of 1935, 
     whether made by rule, regulation, or order of the Securities 
     Exchange Commission prior to or following the enactment of 
     the Telecommunications Competition and Deregulation Act of 
     1995.
       ``(2) If the Commission pursuant to paragraph (1) 
     establishes an allocation of charges that differ from an 
     allocation established by the Securities and Exchange 
     Commission with respect to the same charges, the allocation 
     established by the Federal Energy Regulatory Commission shall 
     be effective 12 months from the date of the order of the 
     Federal Energy Regulatory Commission establishing such 
     allocation, and binding on the Securities and Exchange 
     Commission as of that date.
       ``(e) An allocation of charges for services, construction 
     work, or goods among associate companies under section 13 of 
     the Public Utility Holding Company Act of 1935, whether made 
     by rule, regulation, or order of the Securities and Exchange 
     Commission prior to or following enactment of the 
     Telecommunications Competition and Deregulation Act of 1995, 
     shall prevent a State Commission from using a different 
     allocation with respect to the assignment of costs to any 
     associate company.
       ``(f) Subsection (b) shall not apply--
       ``(1) to any cost incurred and recovered prior to July 15, 
     1994, whether or not subject to refund or adjustment; 
     [[Page S8287]] 
       ``(2) to any uncontested settlement approved by the 
     Commission or State Commission prior to the enactment of the 
     Telecommunications Competition and Deregulation Act of 
     1995''; or
       ``(3) to any cost incurred and recovered prior to September 
     1, 1994 pursuant to a contract or other arrangement for the 
     sale of fuel from Windsor Coal Company or Central Ohio Coal 
     Company which has been the subject of a determination by the 
     Securities and Exchange Commission prior to September 1, 
     1994, or any cost prudently incurred after that date pursuant 
     to such a contract or other such arrangement before January 
     1, 2001.''.
                                 ______


                 SIMON (AND OTHERS) AMENDMENT NO. 1349

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

       At the appropriate place add the following:

     SEC.   : FINDINGS.

       The Senate finds that--
       Violence is a pervasive and persistent feature of the 
     entertainment industry. According to the Carnegie Council on 
     Adolescent Development, by the age of 18, children will have 
     been exposed to nearly 18,000 televised murders and 800 
     suicides.
       Violence on television is likely to have a serious and 
     harmful effect on the emotional development of young 
     children. The American Psychological Association has reported 
     that children who watch ``a large number of aggressive 
     programs tend to hold attitudes and values that favor the use 
     of aggression to solve conflicts.'' The National Institute of 
     Mental health has stated similarly that ``violence on 
     television does lead to aggressive behavior by children and 
     teenagers.''
       The Senate recognizes that television violence is not the 
     sole cause of violence in society.
       There is a broad recognition in the U.S. Congress that the 
     television industry has an obligation to police the content 
     of its own broadcasts to children. That understanding was 
     reflected in the Television Violence Act of 1990, which was 
     specifically designed to permit industry participants to work 
     together to create a self-monitoring system.
       After years of denying that television violence has any 
     detrimental effect, the entertainment industry has begun to 
     address the problem of television violence. In the Spring of 
     1994, for example, the network and cable industries announced 
     the appointment of an independent monitoring group to assess 
     the amount of violence on television. These reports are due 
     out in the Fall of 1995 and Winter of 1996, respectively.
       The Senate recognizes that self-regulation by the private 
     sector is generally preferable to direct regulation by the 
     federal government.

     SEC.   : SENSE OF THE SENATE--.

       It is the Sense of the Senate that the entertainment 
     industry should do everything possible to limit the amount of 
     violent and aggressive entertainment programming, 
     particularly during the hours when children are most likely 
     to be watching.
                                 ______


                  EXON (AND OTHERS) AMENDMENT NO. 1350

  Mr. PRESSLER (for Mr. Exon, for himself, Mr. Dorgan, and Mr. Byrd) 
proposed an amendment to the bill, S. 652, supra; as follows:

       On page 49, line 15 after ``Government (or its 
     representative)'' add the following: ``provided that the 
     President does not object within 15 days of such 
     determination''
       On page 50 between line 14 and 15 insert the following:
       ``(c) The Application of the Exon-Florio Law.--Nothing in 
     this section (47 U.S.C. 310) shall limit in any way the 
     application of 50 U.S.C. App. 2170 (the Exon-Florio law) to 
     any transaction.''
                                 ______


                   BYRD (AND EXON) AMENDMENT NO. 1351

  Mr. PRESSLER (for Mr. Byrd, for himself and Mr. Exon) proposed an 
amendment to the bill S. 652, supra; as follows:

       On page 1 of the amendment, line 4, strike out 
     ``determination.'' and insert in lieu thereof the following: 
     ``determination. If the President objects to a determination, 
     the President shall, immediately upon such objection, submit 
     to Congress a written report (in unclassified form, but with 
     a classified annex if necessary) that sets forth a detailed 
     explanation of the findings made and factors considered in 
     objecting to the determination.''
       On page 49, line 17, insert after the period the following: 
     ``While determining whether such opportunities are equivalent 
     on that basis, the Commission shall also conduct an 
     evaluation of opportunities for access to all segments of the 
     telecommunications market of the applicant.''
                                 ______


                  LIEBERMAN AMENDMENTS NOS. 1352-1353

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted two amendments intended to be proposed by him 
to an amendment to the bill, S. 652, supra, as follows:

                           Amendment No. 1352

       Strike all after the first word in the pending amendment 
     and insert the following:
       At the appropriate place, insert the following new section:

     SEC.   . DETERMINATION OF REASONABLENESS OF CABLE RATES.

       (a) Commission Consideration.--Notwithstanding any other 
     provision of this Act or section 623(c), as amended by this 
     Act, for purposes of section 623(c), the Commission may only 
     consider a rate for cable programming services to be 
     unreasonable if it substantially exceeds the national average 
     rate for comparable programming services in cable systems 
     subject to effective competition.
       (b) Rates of Small Cable Companies.--
       (1) In general.--Notwithstanding any other provision of 
     this Act or the amendments made by this Act, the regulations 
     prescribed under section 623(c) shall not apply to the rates 
     charged by small cable companies for the cable programming 
     services provided by such companies.
       (2) Definition.--As used in this subsection, the term 
     `small cable company' means the following:
       (A) A cable operator whose number of subscribers is less 
     than 35,000.
       (B) A cable operator that operates multiple cable systems, 
     but only if the total number of subscribers of such operator 
     is less than 400,000 and only with respect to each system of 
     the operator that has less than 35,000 subscribers.
                                                                    ____


                           Amendment No. 1353

       At the end of the amendment, add the following:
       At the appropriate place, insert the following new section:

     SEC.   . DETERMINATION OF REASONABLENESS OF CABLE RATES.

       (a) Commission Consideration.--Notwithstanding any other 
     provision of this Act or section 623(c), as amended by this 
     Act, for purposes of section 623(c), the Commission may only 
     consider a rate for cable programming services to be 
     unreasonable if it substantially exceeds the national average 
     rate for comparable programming services in cable systems 
     subject to effective competition.
       (b) Rates of Small Cable Companies.--
       (1) In general.--Notwithstanding any other provision of 
     this Act or the amendments made by this Act, the regulations 
     prescribed under section 623(c) shall not apply to the rates 
     charged by small cable companies for the cable programming 
     services provided by such companies.
       (2) Definition.--As used in this subsection, the term 
     `small cable company' means the following:
       (A) A cable operator whose number of subscribers is less 
     than 35,000.
       (B) A cable operator that operates multiple cable systems, 
     but only if the total number of subscribers of such operator 
     is less than 400,000 and only with respect to each system of 
     the operator that has less than 35,000 subscribers.
                                 ______


              BOXER (AND LEVIN) AMENDMENTS NOS. 1354-1355

  (Ordered to lie on the table.)
  Mrs. BOXER (for herself and Mr. Levin) submitted two amendments 
intended to be proposed by them to an amendment to the bill, S. 652, 
supra; as follows:

                           Amendment No. 1354

       Strike all after ``(d)'' in the pending amendment and 
     insert the following:
       Preservation of Basic Tier Service.--Section 623 (47 U.S.C. 
     543) is further amended by adding at the end the following:
       ``(n) Preservation of Basic Tier Service.--A cable operator 
     may not cease to furnish as part of its basic service tier 
     any programming that is part of such basic service tier on 
     January 1, 1995, unless the franchising authority for the 
     franchise area concerned approves the action. This provision 
     shall expire three (3) years after the date of enactment.''
                                                                    ____


                           Amendment No. 1355

       At the end of the amendment, add the following; ``This 
     provision shall expire three (3) years after the date of 
     enactment.''
                                 ______


                    LEAHY AMENDMENTS NOS. 1356-1358

  (Ordered to lie on the table.)
  Mr. LEAHY submitted three amendments intended to be proposed by him 
to an amendment to the bill, S. 652, supra; as follows:
                           Amendment No. 1356

       On page 1, strike line 7 and all that follows through the 
     end of the amendment and insert the following: ``amended by 
     section 204 of this Act, for purposes of section 623(c), the 
     Commission may only consider a rate for cable programming 
     services to be unreasonable if it substantially exceeds the 
     national average rate for comparable programming services in 
     cable systems subject to effective competition.
       ``(b) Rates of Small Cable Companies.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act or the amendments made by this Act, the regulations 
     prescribed under section 623(c) shall not apply 
     [[Page S8288]] to the rates charged by small cable companies 
     for the cable programming services provided by such 
     companies.
       ``(2) Definition.--As used in this subsection, the term 
     `small cable company' means the following:
       ``(A) A cable operator whose number of subscribers in less 
     than 35,000.
       ``(B) A cable operator that operates multiple cable 
     systems, but only if the total number of subscribers of such 
     operator is less than 400,000 and only with respect to each 
     system of the operator that has less than 35,000 
     subscribers.''.
                                                                    ____


                           Amendment No. 1357

       On page 1, strike line 7 and all that follows through the 
     end of the amendment and insert the following: ``amended by 
     section 204 of this Act, for purposes of section 623(c), the 
     Commission may only consider a rate for cable programming 
     services to be unreasonable if it substantially exceeds the 
     national average rate for comparable programming services in 
     cable systems subject to effective competition.
       ``(b) Rates of Small Cable Companies.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act or the amendments made by this Act, the regulations 
     prescribed under section 623(c) shall not apply to the rates 
     charged by small cable companies for the cable programming 
     services provided by such companies.
       ``(2) Definition.--As used in this subsection, the term 
     `small cable company' means the following:
       ``(A) A cable operator whose number of subscribers in less 
     than 35,000.
       ``(B) A cable operator that operates multiple cable 
     systems, but only if the total number of subscribers of such 
     operator is less than 400,000 and only with respect to each 
     system of the operator that has less than 35,000 
     subscribers.''.
                                                                    ____

                           Amendment No. 1358

       On page 2, strike out line 3 and all that follows through 
     page 2, line 19, and insert in lieu thereof the following:
       (b) Rates of Small Cable Companies.--Notwithstanding any 
     other provision of this Act or the amendments made by this 
     Act, the regulations prescribed under section 623(c) of the 
     Communications Act of 1934 shall not apply to the rates 
     charged by small cable companies for the cable programming 
     services provided by such companies.
                                 ______


                    BREAUX AMENDMENTS NOS. 1359-1361

  (Ordered to lie on the table.)
  Mr. BREAUX submitted three amendments intended to be proposed by him 
to an amendment to the bill, S. 652, supra; as follows:

                           Amendment No. 1359

       At the appropriate place add the following:
       ``Notwithstanding any other provisions of this act.
       ``(ii) Except for single-LATA States, a State may not 
     require a Bell operating company to implement toll dialing 
     parity in an intra-LATA area before a Bell operating company 
     has been granted authority under this subsection to provide 
     inter-LATA services in that area or before three years after 
     the date of enactment of the Telecommunications Act, 
     whichever is earlier. Nothing in this clause precludes a 
     State from issuing an order requiring toll dialing parity in 
     an intra-LATA area prior to either such date so long as such 
     order does not take effect until after the earlier of either 
     such dates.''
                                                                    ____


                           Amendment No. 1360

       In the amendment, strike all after the first word and 
     insert the following:
       ``Notwithstanding any other provisions of this act.
       ``(ii) Except for single-LATA States, a State may not 
     require a Bell operating company to implement toll dialing 
     parity in an intra-LATA area before a Bell operating company 
     has been granted authority under this subsection to provide 
     inter-LATA services in that area or before three years after 
     the date of enactment of the Telecommunications Act, 
     whichever is earlier. Nothing in this clause precludes a 
     State from issuing an order requiring toll dialing parity in 
     an intra-LATA area prior to either such date so long as such 
     order does not take effect until after the earlier of either 
     such dates.''
                                                                    ____


                           Amendment No. 1361

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(ii) Except for single-LATA States, a State may not 
     require a Bell operating company to implement toll dialing 
     parity in an intra-LATA area before a Bell operating company 
     has been granted authority under this subsection to provide 
     inter-LATA services in that area or before three years after 
     the date of enactment of the Telecommunications Act, 
     whichever is earlier. Nothing in this clause precludes a 
     State from issuing an order requiring toll dialing parity in 
     an intra-LATA area prior to either such date so long as such 
     order does not take effect until after the earlier of either 
     such dates.''
     

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