[House Report 109-491]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-491

======================================================================



 
 PROVIDING FOR CONSIDERATION OF H.R. 5252, COMMUNICATIONS OPPORTUNITY, 
                 PROMOTION, AND ENHANCEMENT ACT OF 2006

                                _______
                                

June 7, 2006.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mr. Lincoln Diaz-Balart of Florida, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 850]

    The Committee on Rules, having had under consideration 
House Resolution 850, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 5252, the 
Communications Opportunity, Promotion, and Enhancement Act of 
2006, under a structured rule. The rule provides one hour of 
general debate equally divided and controlled by the chairman 
and ranking minority member of the Committee on Energy and 
Commerce. The rule waives all points of order against 
consideration of the bill. The rule provides that the bill 
shall be considered as read.
    The rule makes in order only those amendments printed in 
this report, and provides that those amendments may be offered 
only in the order printed in this report, may be offered only 
by a Member designated in this report, shall be considered as 
read, shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. The rule waives all points of 
order against the amendments printed in this report. Finally, 
the rule provides one motion to recommit with or without 
instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 2(h) of rule XI (requiring 
that a quorum is actually present when a measure is reported by 
a committee), because the Committee on Energy and Commerce 
ordered reported a ``committee print'' rather than a bill 
properly introduced and referred to the committee.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee Record Vote No. 214

    Date: June 7, 2006.
    Measure: H.R. 5252, Communications Opportunity, Promotion, 
and Enhancement Act of 2006.
    Motion by: Mr. McGovern.
    Summary of Motion: To report an open rule.
    Results: Defeated 3 to 7.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; McGovern--
Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 215

    Date: June 7, 2006.
    Measure: H.R. 5252, Communications Opportunity, Promotion, 
and Enhancement Act of 2006.
    Motion by: Mr. McGovern.
    Summary of Motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Doyle, which requires a national franchisee to certify 
compliance with municipal rights-of-way requirements. Clarifies 
that the FCC will not resolve rights-of-way disputes. Provides 
for local enforcement, with an appeal to the FCC, of the 
requirements on national franchisees. Clarifies the gross 
revenues definition. Establishes fee dispute resolution 
procedures to encourage parties to settle their differences. 
Requires the FCC to consult with franchising authorities in 
establishing rules to implement the Act.
    Results: Defeated 3 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--
Nay; McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--
Nay.

Rules Committee Record Vote No. 216

    Date: June 7, 2006.
    Measure: H.R. 5252, Communications Opportunity, Promotion, 
and Enhancement Act of 2006.
    Motion by: Mr. McGovern.
    Summary of Motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Solis, which establishes market-based incremental service 
requirements for a national franchisee's access and use of the 
public rights-of-way within a franchise area so that the 
operator must eventually be capable of providing cable service 
to all households in the franchise area, as is required of 
cable operators under existing law.
    Results: Defeated 3 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--
Nay; McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--
Nay.

Rules Committee Record Vote No. 217

    Date: June 7, 2006.
    Measure: H.R. 5252, Communications Opportunity, Promotion, 
and Enhancement Act of 2006.
    Motion by: Mr. Hastings of Florida.
    Summary of Motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Sensenbrenner, which establishes an antitrust remedy under the 
Clayton Act for anticompetitive and discriminatory practices by 
broadband service providers. Expressly permits a broadband 
network provider to take steps to manage the functioning and 
security of its network, to give priority to emergency 
communications, and to take steps to prevent violations of 
Federal and State law, or to comply with a court order. Also 
allows for an expedited administrative process to resolve 
complaints alleging violations of new Section 28 of the Clayton 
Act. Also clarifies that both the FCC and FTC have authority to 
enforce Section 28 via administrative proceedings and specify 
which agency has lead jurisdiction over various types of 
complaints.
    Results: Defeated 3 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--
Nay; McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--
Nay.

Rules Committee Record Vote No. 218

    Date: June 7, 2006.
    Measure: H.R. 5252, Communications Opportunity, Promotion, 
and Enhancement Act of 2006.
    Motion by: Mr. Hastings of Florida.
    Summary of Motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Hinchey, which allows national franchise providers the option 
of not carrying local channels that fail to conform with the 
fairness doctrine. This doctrine, which was in effect at the 
FCC from 1949 to 1987, requires broadcast channels to provide 
balanced coverage of controversial or political topics.
    Results: Defeated 3 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--
Nay; McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--
Nay.

Rules Committee Record Vote No. 219

    Date: June 7, 2006.
    Measure: H.R. 5252, Communications Opportunity, Promotion, 
and Enhancement Act of 2006.
    Motion by: Mrs. Matsui.
    Summary of Motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Solis, which strengthens the anti-discrimination provision by: 
(1) prohibiting discrimination not just on the basis of income 
but also on the basis of race, color, religion, national 
origin, or sex; (2) forbidding not just the denial of service 
but also the offering of inferior access to such service in a 
manner that has the purpose or effect of discriminating; and 
(3) allowing local enforcement of the provisions with an appeal 
to the FCC.
    Results: Defeated 3 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--
Nay; McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--
Nay.

Rules Committee Record Vote No. 220

    Date: June 7, 2006.
    Measure: H.R. 5252, Communications Opportunity, Promotion, 
and Enhancement Act of 2006.
    Motion by: Mrs. Matsui.
    Summary of Motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Bean, which creates a new Office of Internet Safety and Public 
Awareness within the FTC to coordinate national strategy with 
existing Internet safety initiatives. Also authorizes grants to 
qualifying entities to promote Internet safety and launches a 
national public awareness campaign.
    Results: Defeated 3 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--
Nay; McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--
Nay.

Rules Committee Record Vote No. 221

    Date: June 7, 2006.
    Measure: H.R. 5252, Communications Opportunity, Promotion, 
and Enhancement Act of 2006.
    Motion by: Mr. Lincoln Diaz-Balart.
    Summary of Motion: To report the rule.
    Results: Agreed to 8 to 3.
    Vote by Members: Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Capito--Yea; Cole--Yea; Bishop--Yea; Gingrey--
Yea; McGovern--Nay; Hastings (FL)--Nay; Matsui--Nay; Dreier--
Yea.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Barton (TX): Manager's Amendment. Clarifies the 
following: (1) what constitutes a franchise area; (2) that a 
person or group seeking authority to provide service under a 
national franchise must agree to comply with all requirements 
the FCC promulgates pursuant to the consumer protection and 
customer service provisions in the bill; (3) that anyone with a 
national franchise shall be subject to all the cable operator 
provisions of Title VI of the Communications Act except for the 
ones specifically excepted in the bill; and (4) that nothing in 
the legislation affects existing pole attachment law. (10 
minutes)
    2. Jackson-Lee (TX): Reduces the fee paid to local 
franchise authorities for PEG/iNet support by women-owned, 
small businesses, and socially and economically disadvantaged 
firms from 1% to 0.5%. (10 minutes)
    3. Wynn (MD): Allows a franchising authority to issue an 
order requiring compliance with FCC revised consumer protection 
rules. (10 minutes)
    4. Johnson, Eddie Bernice (TX): Increases discrimination 
penalty from $500,000 to $750,000 for a cable operator that 
denies access to cable service to residents because of the 
income of that group. (10 minutes)
    5. Rush (IL): Sets forth a complaint process to resolve fee 
disputes between a local franchise authority and a cable 
operator. A franchise authority or a cable operator must 
provide written notice to each other if there is a dispute 
regarding franchise fees or PEG/iNet support. Both parties must 
meet within 30 days of notification. If the local franchise 
authority and the cable operator have not resolved the dispute 
within 90 days then both parties can petition the FCC to 
resolve the complaint. The FCC has 90 days to resolve any fee 
disputes. Provides a 3-year limitation in bringing a complaint 
to the FCC regarding fee disputes. (10 minutes)
    6. Smith, Lamar (TX): Clarifies that the language in 
section 201 (i.e. the new section 7l5(b)(3) of the 
Communications Act) that gives exclusive authority to the FCC 
to adjudicate complaints concerning network neutrality does not 
affect the applicability of the antitrust laws to cases 
involving network neutrality or the jurisdiction of the courts 
to hear such cases. (10 minutes)
    7. Markey (MA)/Eshoo (CA)/Boucher (VA)/Inslee (WA): Seeks 
to restore important non-discrimination requirements enforced 
by the Federal Communications Commission that from the 
inception of the Internet until August of 2005 were binding on 
telecommunications carriers. This amendment essentially has 3 
parts: provides a policy statement in addition to the general 
duties of broadband network providers; provides for preserved 
rights and exceptions to the general statutory duties in the 
first part; and provides an expedited complaint process and an 
antitrust savings clause. (20 minutes)
    8. Gutknecht (MN)/Boyd (FL)/Skelton (MO)/Herseth (SD)/
Stupak (MI)/Peterson, John (PA): Preserves FCC authority to 
require VOIP providers to: (1) Contribute to the Federal 
universal service fund when they interconnect, either directly 
or indirectly, with incumbent local exchange carrier networks; 
and (2) Properly compensate network owners for the use of their 
network just as incumbent and competitive carriers do today. 
(10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Barton of Texas, or His 
                   Designee, Debatable for 10 Minutes

  Page 5, line 4, strike ``intends'' and insert ``seeks 
authority''.
  Page 5, lines 13 and 23, and page 6, line 4, strike 
``contiguous''.
  Page 5, beginning on line 17, strike ``within the 
jurisdiction of such unit of general local government 
contains'' and insert ``overlaps with''.
  Page 6, lines 1 and 2, strike ``area contained in the 
franchise area of such cable operator'' and insert 
``overlapping area''.
  Page 6, line 15, after ``certification'' insert ``for 
authority''.
  Page 6, line 20, strike ``under'' and insert ``in accordance 
with''.
  Page 7, line 1, strike ``and subsection (g) of this section'' 
and insert ``(including the rules adopted under section 632(b) 
pursuant to subsection (g) of this section)''.
  Page 8, line 4, strike ``that files'' and insert ``with''.
  Page 9, line 19, after the period insert the following: ``The 
Commission shall by rule specify the methods by which a 
franchising authority shall notify a cable operator of the 
hearing for which its participation is required under this 
subparagraph.''.
  Page 12, line 24, strike ``definition of gross revenues'' and 
insert ``definitions of gross revenues and franchise fee''.
  Page 15, line 25, after ``to provide'' insert ``on the day 
before its national franchise became effective''.
  Page 16, beginning on line 20, strike subparagraph (A) and 
insert the following:
                  ``(A) A cable operator franchised under this 
                section shall ensure that any public, 
                educational, or governmental programming 
                carried by the cable operator under this 
                section within a franchise area is available to 
                all of its subscribers in such franchise area.
  Page 17, line 16, after ``cable operators shall'' insert ``, 
if at least one of the operators is providing cable service in 
the franchise area pursuant to a franchise under this 
section,''.
  Page 19, line 16, strike ``Act'' and insert ``section''.
  Page 22, line 7, strike ``Congress'' and insert ``Committee 
on Energy and Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate''.
  Page 27, beginning on line 24, strike ``The following 
sections'' and insert ``The provisions of this title that apply 
to a cable operator shall apply in a franchise area to a person 
or group with a national franchise under this section to 
provide cable service in such franchise area, except that the 
following sections''.
  Page 28, line 3, before the colon insert ``in such franchise 
area''.
  Page 28, line 7, strike ``Act'' and insert ``section''.
  Page 29, line 22, strike ``subsections (c)(1) and (e)(2)'' 
and insert ``subsection (c)(1) or (e)(2)''.
  Page 30, line 22, after ``cable operator'' insert ``with a 
national franchise''.
  Page 38, line 5, strike ``and''; on page 39, line 2, strike 
the period at the end of the line and insert a semicolon; and 
after such line insert the following:
          (4) in paragraph (7)(D), by inserting after ``section 
        653 of this title'' the following; ``except in a 
        franchise area in which such system is used to provide 
        cable service under a national franchise pursuant to 
        section 630'';
          (5) in paragraph (9)--
                  (A) by inserting ``(A)'' after ``means''; and
                  (B) by inserting before the semicolon at the 
                end the following: ``; and (B) a national 
                franchise that is effective under section 630 
                on the basis of a certification with the 
                Commission''; and
          (6) in paragraph (10), by inserting before the 
        semicolon at the end the following: ``, but does not 
        include the Commission with respect to a national 
        franchise under section 630''.
  Page 39, line 8, before the period insert the following: 
``pursuant to the amendments made by this title''.
  Page 41, after line 20, insert the following new section:

SEC. 104. RULE OF CONSTRUCTION.

  Nothing in this Act or the amendments made by this Act shall 
affect the application or interpretation of section 224 of the 
Communications Act of 1934 (47 U.S.C. 224).
  Page 53, line 24, after ``for a fee'' insert ``or without a 
fee''.
  Page 54, beginning on line 11, strike paragraph (3) and 
insert the following:
          ``(3) Necessary e-911 infrastructure.--The term 
        `necessary E-911 infrastructure' means the originating 
        trucks to the selective routers, selective routers, 
        databases (including automatic location information 
        databases and master street address guides), trunks, or 
        other related facilities necessary for the delivery and 
        completion of 911 and E-911 calls, or other 911 and E-
        911 equipment, facilities, databases, interfaces, and 
        related capabilities specified by the Commission.
  Page 57, line 18, and page 60, line 13, strike ``716(j)'' and 
insert ``716(l)''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  Page 15, line 16, before the period insert ``, except that 
such amount shall be equal to 0.5 percent of such revenues in 
the case of a cable operator that is a small business concern 
owned and controlled by socially and economically disadvantaged 
individuals or a small business concern owned and controlled by 
women (as such terms are defined in section 8(d)(3) of the 
Small Business Act)''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Wynn of Maryland, or 
                 His Designee, Debatable for 10 Minutes

  Page 21, strike line 17 and all that follows through page 23, 
line 22, and insert the following:
                  ``(B) The Commission's revised consumer 
                protection rules shall provide for forfeiture 
                penalties, or customer rebates, refunds or 
                credits, or both, and shall establish 
                forfeiture, rebate, refund, and credit 
                guidelines with respect to violations of such 
                rules. Such guidelines shall--
                          ``(i) provide for increased 
                        forfeiture penalties for repeated 
                        violations of the standards in such 
                        rules; and
                          ``(ii) establish procedures by which 
                        any forfeiture penalty assessed by the 
                        Commission under this subsection shall 
                        be paid by the cable operator directly 
                        to the franchising authority affected 
                        by the violation.
          ``(4) Complaints.--
                  ``(A) In general.--Any person may file a 
                complaint with respect to an alleged violation 
                of the Commission's revised consumer protection 
                rules in a franchise area by a cable operator 
                franchised under this section--
                          ``(i) with the franchising authority 
                        in such area; or
                          ``(ii) with the Commission.
                  ``(B) Local franchising authority 
                procedure.--On its own motion or at the request 
                of any person, a franchising authority for a 
                franchise area may--
                          ``(i) initiate its own complaint 
                        proceeding with respect to such an 
                        alleged violation; or
                          ``(ii) file a complaint with the 
                        Commission regarding such an alleged 
                        violation.
                  ``(C) Timing.--The Commission or the 
                franchising authority conducting a proceeding 
                under this paragraph shall render a decision on 
                any complaint filed under this paragraph within 
                90 days of its filing.
          ``(5) Local franchising orders.--
                  ``(A) Requiring compliance.--In a proceeding 
                commenced by a franchising authority, a 
                franchising authority may issue an order 
                requiring compliance with the Commission's 
                revised consumer protection rules, but a 
                franchising authority may not create any new 
                standard or regulation, or expand upon or 
                modify the Commission's revised consumer 
                protection rules.
                  ``(B) Access to records.--In such a 
                proceeding, the franchising authority may issue 
                an order requiring the filing of any data, 
                documents, or records (including any contract, 
                agreement, or arrangement between the 
                subscriber and the cable operator) that are 
                directly related to the alleged violation.
                  ``(C) Cost of franchising authority orders.--
                A franchising authority may charge a cable 
                operator franchised under this section a 
                nominal fee to cover the costs of issuing 
                orders under this paragraph.
          ``(6) Commission remedies; appeals.--
                  ``(A) Remedies.--An order of a franchising 
                authority under this subsection shall be 
                enforced by the Commission under this Act if--
                          ``(i) the order is not appealed to 
                        the Commission;
                          ``(ii) the Commission does not agree 
                        to grant review during the 30-day 
                        period described in subparagraph (B); 
                        or
                          ``(iii) the order is sustained on 
                        appeal by the Commission.
                  ``(B) Appeals.--Any party may file a notice 
                of appeal of an order of a franchising 
                authority under this subsection with the 
                Commission, and shall transmit a copy of such 
                notice to the other parties to the franchising 
                authority proceeding. Such appeal shall be 
                deemed denied at the end of the 30-day period 
                beginning on the date of the filing unless the 
                Commission agrees within such period to grant 
                review of the appeal.
                  ``(C) Timing.--After the filing of a notice 
                of appeal under subparagraph (B), if such 
                notice is not denied by operation of such 
                subparagraph, the Commission shall render a 
                decision within 90 days of such filing.
          ``(7) Annual report.--
                  ``(A) In general.--Not later than 1 year 
                after the date of enactment of this section, 
                and annually thereafter, the Commission shall 
                submit a report to the Committee on Energy and 
                Commerce of the House of Representatives and 
                the Committee on Commerce, Science, and 
                Transportation of the Senate on the 
                implementation of this subsection, including 
                the following:
                          ``(i) The number of complaints filed 
                        with franchising authorities under 
                        clause (4)(A)(i).
                          ``(ii) Any trends concerning 
                        complaints, such as increases in the 
                        number of particular types of 
                        complaints or in new types of 
                        complaints.
                          ``(iii) The timeliness of the 
                        response of such franchising 
                        authorities and the results of the 
                        complaints filed with such franchising 
                        authorities, if not appealed to the 
                        Commission.
                          ``(iv) The number of complaints filed 
                        with the Commission under clause 
                        (4)(A)(ii).
                          ``(v) The number of appeals filed 
                        with the Commission under paragraph 
                        (6)(B) and the number of such appeals 
                        which the Commission agreed to hear.
                          ``(vi) The timeliness of the 
                        Commission's responses to such 
                        complaints and appeals.
                          ``(vii) The results of such 
                        complaints and appeals filed with the 
                        Commission.
                  ``(B) Submission of information by 
                franchising authorities.--The Commission may 
                request franchising authorities to submit 
                information about the complaints filed with the 
                franchising authorities under subparagraph 
                (4)(A)(i), including the number of such 
                complaints and the timeliness of the response 
                and the results of such complaints.
          ``(8) Definition.--For purposes of this subsection, 
        the term `Commission's revised consumer protection 
        rules' means the national consumer protection and 
        customer service rules under section 632(b) as revised 
        by the Commission pursuant to paragraph (2) of this 
        subsection.
                              ----------                              


 4. An Amendment To Be Offered by Representative Eddie Bernice Johnson 
          of Texas, or Her Designee, Debatable for 10 Minutes

  Page 27, line 5, strike ``$500,000'' and insert ``$750,000''.
                              ----------                              


 5. An Amendment To Be Offered by Representative Rush of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  Page 30, after line 15, insert the following new paragraph:
          ``(6) Fee dispute resolution.--
                  ``(A) Complaint.--A franchising authority or 
                a cable operator may file a complaint at the 
                Commission to resolve a dispute between such 
                authority and operator with respect to the 
                amount of any fee required under subsection 
                (c)(1) or (e)(2) if--
                          ``(i) the franchising authority or 
                        the cable operator provides the other 
                        entity written notice of such dispute; 
                        and
                          ``(ii) the franchising authority and 
                        the cable operator have not resolved 
                        the dispute within 90 calendar days 
                        after receipt of such notice.
                  ``(B) Meetings.--Within 30 calendar days 
                after receipt of notice of a dispute provided 
                pursuant to subparagraph (A)(i), 
                representatives of the franchising authority 
                and the cable operator, with authority to 
                resolve the dispute, shall meet to attempt to 
                resolve the dispute.
                  ``(C) Limitation.--A complaint under 
                subparagraph (A) shall be filed not later than 
                3 years after the end of the period to which 
                the disputed amount relates, unless such time 
                is extended by written agreement between the 
                franchising authority and cable operator.
                  ``(D) Resolution.--The Commission shall issue 
                an order resolving any complaint filed under 
                subparagraph (A) within 90 days of filing.
                              ----------                              


 6. An Amendment To Be Offered by Representative Lamar Smith of Texas, 
               or His Designee, Debatable for 10 Minutes

  Page 44, after line 12, insert the following (and make such 
technical and conforming changes as may be appropriate):
  ``(d)(1) Rule of Construction.--Nothing in this section shall 
be construed to modify, impair, or supersede the applicability 
of the antitrust laws or the jurisdiction of the district 
courts of the United States to hear claims arising under the 
antitrust laws.
  ``(2) Definition of Antitrust Laws.--The term `antitrust 
laws' has the meaning given it in subsection (a) of the first 
section of the Clayton Act (15 U.S.C. 12(a)), except that such 
term includes section 5 of the Federal Trade Commission Act (15 
U.S.C. 45) to the extent that such section 5 applies to unfair 
methods of competition.''
                              ----------                              


       7. An Amendment To Be Offered by Representative Markey of 
        Massachusetts, or His Designee, Debatable for 20 Minutes

  Strike section 201 of the bill and insert the following:

SECTION 201. NETWORK NEUTRALITY.

  (a) Amendment.--Title VII of the Communications Act of 1934 
(47 U.S.C. 601 et seq.) is amended by adding at the end the 
following new section:

``SEC. 715. NETWORK NEUTRALITY.

  ``(a) Policy.--It is the policy of the United States--
          ``(1) to maintain and enhance the vibrant and 
        competitive free market that presently exists for the 
        Internet and Internet services, upon which Internet 
        commerce relies;
          ``(2) to preserve and promote the open and 
        interconnected nature of the Internet and consumer 
        empowerment and choice;
          ``(3) to foster innovation, investment, and 
        competition among network providers, as well as 
        application, content, and service providers;
          ``(4) to ensure vigorous and prompt enforcement of 
        this section's requirements to safeguard innovation, 
        consumer protection, and marketplace certainty; and
          ``(5) to preserve the security and reliability of the 
        Internet and the services that enable consumers to 
        access content, applications, and services over the 
        Internet.
  ``(b) In General.--Each broadband network provider has the 
duty--
          ``(1) not to block, impair, degrade, discriminate 
        against, or interfere with the ability of any person to 
        use a broadband connection to access, use, send, 
        receive, or offer lawful content, applications, or 
        services over the Internet;
          ``(2) to operate its broadband network in a 
        nondiscriminatory manner so that any person can offer 
        or provide content, applications, and services through, 
        or over, such broadband network with equivalent or 
        better capability than the provider extends to itself 
        or affiliated parties, and without the imposition of a 
        charge for such nondiscriminatory network operation;
          ``(3) if the provider prioritizes or offers enhanced 
        quality of service to data of a particular type, to 
        prioritize or offer enhanced quality of service to all 
        data of that type (regardless of the origin of such 
        data) without imposing a surcharge or other 
        consideration for such prioritization or enhanced 
        quality of service;
          ``(4) to enable a user to attach and use any device 
        to the operator's network that does not physically 
        damage, make unauthorized use of, or materially degrade 
        other users' utilization of, the network; and
          ``(5) to clearly and conspicuously disclose to users, 
        in plain language, accurate information about the 
        speed, nature, and limitations of their broadband 
        connection.
  ``(c) Preserved Rights and Exceptions.--Nothing in this 
section shall prevent a broadband network provider from taking 
reasonable and nondiscriminatory measures to--
          ``(1) manage the functioning of its network to 
        protect the security of such network and broadband 
        network services, provided that such management does 
        not depend upon the affiliation with the broadband 
        network provider of the content, applications, or 
        services on the network;
          ``(2) offer varied service plans to users at defined 
        levels of bandwidth and different prices;
          ``(3) offer consumer protection services (including 
        services for the prevention of unsolicited commercial 
        electronic messages, parental controls, or other 
        similar capabilities), or offer cable service, so long 
        as a user may refuse or disable such services;
          ``(4) give priority to emergency communications and 
        telemedicine services; or
          ``(5) prevent any violation of Federal or State law, 
        or comply with any court-ordered law enforcement 
        directive.
  ``(d) Expedited Complaint Process.--Within 180 days after the 
date of enactment of this section, the Commission shall 
prescribe regulations providing for the expedited review of any 
complaints alleging a violation of this section. Such 
regulations shall include a requirement that the Commission 
issue a final order regarding any request for a ruling 
contained in a complaint not later than 30 days after the date 
of submission of such complaint.
  ``(e) Definitions.--As used in this section:
          ``(1) Broadband network provider.--The term 
        `broadband network provider' means a person or entity 
        that owns, controls, operates, or resells and controls 
        any facility used to provide broadband network service 
        to the public, by whatever technology and whether 
        provided for a fee, in exchange for an explicit 
        benefit, or for free.
          ``(2) Broadband network service.--The term `broadband 
        network service' means a two-way transmission service 
        that connects to the Internet and transmits information 
        at an average rate of at least 200 kilobits per second 
        in at least one direction.
          ``(3) User.--The term `user' means any person who 
        takes and uses broadband network service, whether 
        provided for a fee, in exchange for an explicit 
        benefit, or for free.''.
  (b) Savings Provision.--Nothing in this section shall be 
construed to modify, impair, or supersede the applicability of 
the antitrust laws, as such term is defined in section 
602(e)(4) of the Telecommunications Act of 1996.
  In the heading of title II of the bill, strike ``ENFORCEMENT 
OF BROADBAND POLICY STATEMENT'' and insert ``NETWORK 
NEUTRALITY''.
  Conform the table of contents accordingly.
                              ----------                              


8. An Amendment To Be Offered by Representative Gutknecht of Minnesota, 
               or His Designee, Debatable for 10 Minutes

  At the end of title III of the bill, add the following new 
section:

SEC. 302. COMPENSATION AND CONTRIBUTION.

  (a) Rule of Construction.--Nothing in this Act (including the 
amendments made by this Act) shall be construed to exempt a 
VOIP service provider from requirements imposed by the Federal 
Communications Commission or a State commission on all VOIP 
service providers to--
          (1) pay appropriate compensation for the transmission 
        of a VOIP service over the facilities and equipment of 
        another provider; or
          (2) contribute on an equitable and non-discriminatory 
        basis to the preservation and advancement of universal 
        service.
  (b) Definitions.--As used in this section--
          (1) the terms ``VOIP service provider'' and ``VOIP 
        service'' have the meanings given such terms in section 
        716(h) of the Communications Act of 1934, as added by 
        section 301 of this Act; and
          (2) the term ``State commission'' has the meaning 
        given such term in section 3 of the Communications Act 
        of 1934 (47 U.S.C. 153).

                                  
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