[Congressional Record Volume 152, Number 73 (Friday, June 9, 2006)]
[Extensions of Remarks]
[Pages E1108-E1109]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   COMMUNICATIONS OPPORTUNITY, PROMOTION, AND ENHANCEMENT ACT OF 2006

                                 ______
                                 

                               speech of

                            HON. JANE HARMAN

                             of california

                    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:

  Ms. HARMAN. Mr. Chairman, the House passed the Communications 
Opportunity, Promotion, and Enhancement (COPE) Act. I voted with 105 of 
my Democratic colleagues in favor of the COPE Act, which will spur 
much-needed competition in the market for pay-television and high-speed 
internet services. While communities have expressed concern about the 
local impact of this bill--and I pledge to work with cities in my 
district to address those concerns--I believe the act is a crucial step 
toward providing more affordable broadband services to more consumers.

[[Page E1109]]

  The COPE Act not only encourages innovation and the wider deployment 
of broadband networks, it will help drive down the price that consumers 
pay for broadband services. It requires that service providers pay 5 
percent of local revenues to local governments--more than many cities 
currently receive--and that providers pay an additional 1 percent to 
support public, governmental, and educational programming. It also 
contains provisions to ensure that service providers do not 
discriminate against low-income consumers. These are important 
improvements over existing law.
  The COPE Act is far from perfect. It inappropriately allows the 
Federal Communications Commission to resolve local ``rights-of-way'' 
disputes. These are concerns best handled by local governments. When a 
broken water main interrupts local TV service, it doesn't make much 
sense for customers to call an 800 number at the FCC. Still, two 
amendments added to the bill go a long way toward restoring local 
control. The first institutes a 90-day period during which local 
authorities and service providers must meet to resolve right-of-way and 
fee disputes. Only after the 90-day period can either party bring the 
dispute to the FCC. This amendment empowers local authorities by 
forcing providers to work with local officials to resolve most right-
of-way and fee disputes. The second gives cities the authority to 
resolve consumer complaints about cable service, including complaints 
that a cable provider has failed to provide consumers with fair and 
open access to the Internet. This amendment would give local officials 
the legal authority to protect consumers and prevent unfair and 
discriminatory business practices, which could lead to fines for 
providers up to $750,000 a day.
  Equally troubling is the lack of strong ``net neutrality'' language, 
which would ensure that everyday web surfers have access to the same 
Internet used by big media companies. Both sides of this dispute want a 
vibrant Internet that allows fast and fair access to all users. The 
question is how to get there. Opponents of ``net neutrality'' believe 
that market forces alone will do the job. I am not so sanguine. I voted 
for an amendment that would have prohibited service providers from 
selectively blocking or slowing access to certain Internet content, or 
from charging certain users extra to send information over the 
Internet. Though it is not absolutely clear this language is needed 
now, my vote sends the message that the Internet must remain fair and 
open to all. I believe we will have more opportunities to address this 
issue during the conference on the COPE Act.
  I will work to ensure that the telecommunications legislation 
Congress sends to the President strikes the right balance and is 
reflective of the needs of consumers and our communities. This bill 
makes important progress, but we can make it even better.

                          ____________________