[Congressional Record Volume 143, Number 150 (Friday, October 31, 1997)]
[Senate]
[Page S11546]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Campbell, Mr. Inouye, Mr. 
        Daschle, and Mr. Dorgan):
  S. 1354. A bill to amend the Communications Act of 1934 to provide 
for the designation of common carriers not subject to the jurisdiction 
of a State commission as eligible telecommunications carriers; to the 
Committee on Commerce, Science, and Transportation.


     the communications act of 1934 technical amendment act of 1997

  Mr. McCAIN. Mr. President, I rise to introduce an amendment to the 
Communications Act of 1934 on behalf of Senators Dorgan, Daschle, 
Inouye, Campbell, and myself. This amendment enables the Federal 
Communications Commission [FCC] to designate common carriers not under 
the jurisdiction of a State commission as eligible recipients of 
universal service support.
  Universal Service provides intercarrier support for the provision of 
telecommunications services in rural and high-cost areas throughout the 
United States. However, section 254(e) of the 1996 act states that only 
an eligible carrier designated under section 214(e) of the 
Communications Act shall be eligible to receive specific federal 
universal support after the FCC issues regulations implementing the new 
universal service provisions into the law. Section 214(e) does not 
account for the fact that State commissions in a few states have no 
jurisdiction over certain carriers. Typically, States also have no 
jurisdiction over tribally owned companies which may or may not be 
regulated by a tribal authority that is not a State commission per se.
  The failure to account for these situations means that carriers not 
subject to the jurisdiction of a State commission have no way of 
becoming an eligible carrier that can receive universal service 
support. This would be the case whether these carriers are traditional 
local exchange carriers that provide services otherwise included in the 
program, have previously obtained universal service support, or will 
likely be the carrier that continues to be the carrier of last resort 
for customers in the area.
  Mr. President. This simple amendment will address this oversight 
within the 1996 act, and prevent the unintentional consequences it will 
have on common carriers which Congress intended to be covered under the 
umbrella of universal service support.
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