[Congressional Record Volume 152, Number 73 (Friday, June 9, 2006)]
[Extensions of Remarks]
[Page E1104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   COMMUNICATIONS OPPORTUNITY, PROMOTION, AND ENHANCEMENT ACT OF 2006

                                 ______
                                 

                               speech of

                           HON. RICK BOUCHER

                              of virginia

                    in the house of representatives

                         Thursday, June 8, 2006

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 5252) to 
     promote the deployment of broadband networks and services:

  Mr. BOUCHER. Mr. Chairman, I rise in support of the bill and I urge 
its approval by the House. In my view, it will bring urgently needed 
competition to cable television and benefit consumers nationwide with 
more varied program offerings and the better pricing that competition 
inevitably brings.
  The bill also opens the door for local governments to offer 
commercial telecommunications services, filling the gap where broadband 
is either not available or is available but is priced beyond the reach 
of residential subscribers and the small business community. Section 
401 of the measure prohibits states from barring local governments from 
providing telecommunications, information or cable services. This 
provision applies to all current and future state measures that may 
have this effect. Section 401 also prohibits local governments from 
discriminating in favor of municipal providers over commercial 
providers of such services. This prohibition does not apply to local 
governments to the extent that they are providing services to 
themselves or to other government entities. Finally, nothing in this 
section exempts a public provider from any law or regulation that 
applies to private sector providers of a telecommunications service, 
information service or cable service.
  The manager's amendment contains provisions I recommended that will 
assure fair treatment for electric utilities and telephone companies in 
pole attachment pricing, and I want to thank the gentleman from Texas 
(Mr. Barton), who chairs the full committee, for his assistance with 
that provision. And the bill will assure that consumers who desire to 
purchase a freestanding broadband service can do so without having to 
buy telephone or cable service from the broadband provider. That 
provision was added in an amendment I offered during the markup of the 
bill in subcommittee.
  I also urge support for the net neutrality amendment that the 
gentleman from Massachusetts Mr. Markey will be offering. I am pleased 
to be a co-sponsor of that amendment. It is essential to preserve the 
Internet as a platform for innovation. Broadband providers plan to 
create a two-lane Internet, a fast lane for their own content and for 
others who can pay for fast-lane access, and a slow lane for everyone 
else. That plan fundamentally changes the character of the Internet and 
would eliminate the openness and the accessibility that have enabled 
the Internet to be a platform for innovation unequaled in American 
history.
  I will have more to say about that when the Markey amendment is 
offered, but I want to take the opportunity during these remarks to say 
that the net neutrality amendment is fundamental, and I strongly urge 
its adoption when it is offered.

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