[Congressional Record Volume 145, Number 57 (Monday, April 26, 1999)]
[Senate]
[Page S4189]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BROWNBACK (for himself, Mr. Nickles, and Mr. Craig):
  S. 877. A bill to encourage the provision of advanced service, and 
for other purposes; to the Committee on Commerce, Science, and 
Transportation.


            BROADBAND INTERNET REGULATORY RELIEF ACT OF 1999

  Mr. BROWNBACK. Mr. President, I rise today to introduce the Broadband 
Internet Regulatory Relief Act of 1999 on behalf of myself, Senator 
Nickles, and Senator Craig. This bill is intended to speed up the 
deployment of broadband networks throughout the United States and to 
make residential high-speed Internet access a widely-available service.
  Mr. President, the Internet has revolutionized the way we 
communicate, conduct business, shop, and learn. The Internet presents 
us with the opportunity to remove distance as an obstacle to employment 
and education. But while tens of millions of Americans now log onto the 
Internet every day, narrowband connections to the Internet make using 
the Net a slow and cumbersome process.
  Broadband connections, on the other hand, provide ultra-fast access 
to the Internet. With a broadband connection, users may download and 
upload data from and to the Internet at substantially greater speeds 
than with a narrowband connection. From downloading full-motion video 
to uploading an architect's plans, broadband permits consumers to 
utilize many more applications that will increase the value of the 
Internet as a communications medium.
  The technology to provide broadband connections to the Internet is a 
reality. Cable companies are deploying hybrid fiber-coax (HFC) networks 
that will enable cable modems to provide high-speed Internet access. In 
addition, telephone companies have discovered a way to provide high-
speed Internet access over their copper-based telephone loops. With the 
addition of a digital switch in a telephone company's central office, a 
digital modem at a customer's premises, and the conditioning of a 
copper loop, consumers may obtain access to the Internet at more than 
ten time the speed of narrowband connections.
  The most promising technology employed by telephone companies for 
residential high-speed Internet access is digital subscriber line (DSL) 
technology. The family of DSL services, especially asymmetric digital 
subscriber line (ADSL) service, have the greatest potential to ensure 
that all consumers throughout the United States obtain high-speed 
Internet access. Cable service has penetration rates approaching 
telephone service in urban and densely-populated suburban areas. 
However, cable penetration is much lower in rural areas whereas the 
ubiquity of the telephone network makes telephone penetration rates 
close to one hundred percent even in rural areas. Thus, for many rural 
consumers, including those in Kansas, high-speed Internet access may 
only be available in the next several years through the telephone 
network.
  As a result, Congress needs to ensure that high-speed Internet access 
is being made available over the public telephone network as rapidly as 
possible. While ADSL service is being rolled out in may urban and 
densely-populated suburban areas, most rural consumers do not have 
access to it.
  I am introducing the Broadband Internet Regulatory Relief Act to 
ensure that high-speed Internet access is available to my rural 
constituents as soon as possible. To accomplish this goal, I am 
proposing to provide regulatory relief to telephone companies willing 
to deliver broadband connections to rural areas. My proposal has 
several components.
  First, incumbent local exchange carriers that make seventy percent of 
their loops ready to support high-speed Internet access will not have 
to resell their advanced services to competitors and will not have to 
make the network elements used exclusively for the provision of 
advanced services available to competitors. Second, the prices for 
advanced services offered by incumbent local exchange carriers that 
face competition in the provision of such services will be deregulated. 
Third, where incumbent local exchange carriers are offering advanced 
services but do not face competition, the companies will receive 
pricing flexibility. Fourth, competitive local exchange carriers will 
not be required to resell their advanced services.
  Mr. President, the ubiquity of our nation's telephone network 
presents us with a tremendous opportunity to deliver high-speed 
Internet access to our rural constituents at a pace comparable with the 
rate at which urban and suburban consumers will be offered such 
service. But to realize this goal, we must remove unnecessary 
regulation that has impeded the rapid deployment of broadband networks. 
Advanced services should not be regulated in the same manner as basic 
telephone service. Broadband services are an entirely new market, one 
in which no company can exercise market power.
  In the absence of market power, the incumbents should not have to 
resell their advanced services or provide competitors with access to 
unbundled advanced service elements. And pricing regulations applied to 
telephone service should not be applied to advanced services. In 
addition, a competitive local exchange carrier willing to deploy the 
facilities necessary to provide broadband services should not be forced 
to resell its service.
  Mr. President, I am confident that we can ensure the rapid deployment 
of broadband networks to rural areas. But to do so, we must be willing 
to provide companies with an incentive to build out their broadband 
networks in rural areas. The Broadband Internet Regulatory Relief Act 
would provide companies with such incentives, and I hope that my 
colleagues will support this crucial legislation.
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