HR 2420 IH
106th CONGRESS
1st Session
H. R. 2420
To deregulate the Internet and high speed data services, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 1, 1999
Mr. TAUZIN (for himself, Mr. DINGELL, Mr. OXLEY, Mr. BONIOR, Mr. LEWIS of
Georgia, Mr. DEAL of Georgia, Mr. GRAHAM, Mr. BOUCHER, Mr. RUSH, Mr. SHIMKUS,
Mr. NORWOOD, Mr. SESSIONS, Mr. FOSSELLA, Mr. DICKS, Mr. BARCIA, Mr. HILL of
Montana, Mr. BLUNT, Mr. HAYES, Mr. WYNN, Mr. BARTON of Texas, Mr. ETHERIDGE, Mr.
TERRY, Mr. GREENWOOD, Mr. GANSKE, Mr. BURR of North Carolina, Mr. GILLMOR, Mr.
BRYANT, Mr. SHADEGG, Mr. BONILLA, Mr. REYNOLDS, Mr. SWEENEY, and Mrs. MYRICK)
introduced the following bill; which was referred to the Committee on Commerce
A BILL
To deregulate the Internet and high speed data services, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Internet Freedom and Broadband Deployment
Act of 1999'.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS- Congress finds the following:
(1) Internet access services are inherently interstate and international
in nature, and should therefore not be subject to regulation by the
States.
(2) The imposition of regulations by the Federal Communications
Commission and the States has impeded the rapid delivery of high speed
Internet access services to the public, thereby reducing consumer choice and
welfare.
(3) The Telecommunications Act of 1996 represented a careful balance
between the need to open up local telecommunications markets to competition
and the need to increase competition in the provision of interLATA voice
telecommunications services.
(4) In enacting the prohibition on Bell operating company provision of
interLATA services, Congress recognized that certain telecommunications
services have characteristics that render them incompatible with the
prohibition on Bell operating company provision of interLATA services, and
exempted such services from the interLATA prohibition.
(5) High speed data services and Internet access services constitute
unique markets that are likewise incompatible with the prohibition on Bell
operating company provision of interLATA services.
(6) Since the enactment of the Telecommunications Act of 1996, the
Federal Communications Commission has construed the prohibition on Bell
operating company provision of interLATA services in a manner that has
impeded the development of advanced telecommunications services, thereby
limiting consumer choice and welfare.
(7) Internet users should have choice among competing Internet service
providers.
(8) Internet service providers should have the right to interconnect
with high speed data networks in order to provide service to Internet
users.
(b) PURPOSES- It is therefore the purpose of this Act to provide market
incentives for the rapid delivery of advanced telecommunications services--
(1) by deregulating high speed data services and Internet access
services;
(2) by clarifying that the prohibition on Bell operating company
provision of interLATA services does not extend to the provision of high
speed data services and Internet access services;
(3) by ensuring that consumers can choose among competing Internet
service providers; and
(4) by ensuring that Internet service providers can interconnect with
competitive high speed data networks in order to provide Internet access
service to the public.
SEC. 3. DEFINITIONS
(a) AMENDMENTS- Section 3 of the Communications Act of 1934 (47 U.S.C.
153) is amended--
(1) by redesignating paragraph (20) as paragraph (21);
(2) by redesignating paragraphs (21) through (52) as paragraphs (24)
through (54), respectively;
(3) by inserting after paragraph (19) the following new paragraph:
`(20) HIGH SPEED DATA SERVICE- The term `high speed data service' means
any service that consists of or includes the offering of a capability to
transmit, using a packet-switched or successor technology, information at a
rate that is generally not less than 384 kilobits per second in at least one
direction.';
(4) by inserting after paragraph (22) the following new
paragraphs:
`(23) INTERNET- The term `Internet' means collectively the myriad of
computer and telecommunications facilities, including equipment and
operating software, which comprise the interconnected world-wide network of
networks that employ the Transmission Control Protocol/Internet Protocol, or
any predecessor or successor protocols to such protocol, to communicate
information of all kinds by wire or radio.
`(24) INTERNET ACCESS SERVICE- The term `Internet access service' means
(A) a service that combines computer processing, information storage,
protocol conversion, and routing with transmission to enable users to access
Internet content and services, and (B) the transmission of such service, but
does not include the portion of such transmission from the user to the
provider of such service.'.
(b) CONFORMING AMENDMENTS-
(1) Section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))
is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (4) as paragraphs (1)
through (3), respectively.
(2) Section 223(h)(2) of such Act (47 U.S.C. 223(h)(2)) is amended by
striking `230(f)(2)' and inserting `230(f)(1)'.
SEC. 4. LIMITATION ON AUTHORITY TO REGULATE HIGH SPEED DATA SERVICES.
(a) IN GENERAL- Part I of title II of the Communications Act of 1934 (47
U.S.C. 201 et seq.) is amended by adding at the end the following new
section:
`SEC. 232. PROVISION OF HIGH SPEED DATA SERVICES.
`(a) FREEDOM FROM REGULATION- Except to the extent that high speed data
service and Internet access service are expressly referred to in this Act,
neither the Commission, nor any State, shall have authority to regulate the
rates, charges, terms, or conditions for, or entry into the provision of, any
high speed data service or Internet access service, or to regulate the
facilities used in the provision of either such service.
`(b) SAVINGS PROVISION- Nothing in this section shall be construed to
limit or affect the authority of any State to regulate voice telephone
exchange services, nor affect the rights of cable franchise authorities to
establish requirements that are otherwise consistent with this Act.
`(c) CONTINUED ENFORCEMENT OF ESP EXEMPTION, UNIVERSAL SERVICE RULES
PERMITTED- Nothing in this section shall affect the ability of the Commission
to retain or modify--
`(1) the exemption from interstate access charges for enhanced service
providers under Part 69 of the Commission's Rules; or
`(2) rules issued pursuant to section 254.'.
(b) CONFORMING AMENDMENT- Section 251 of the Communications Act of 1934
(47 U.S.C. 251) is amended by adding at the end thereof the following new
subsection:
`(1) IN GENERAL- Notwithstanding the provisions of subsections (c) and
(d), the Commission shall not require an incumbent local exchange carrier
to--
`(A) provide unbundled access to any network elements used in the
provision of any high speed data service, other than those network
elements described in section 51.319 of the Commission's regulations (47
C.F.R. 51.319), as in effect on January 1, 1999; or
`(B) offer for resale at wholesale rates any high speed data
service.
`(2) AUTHORITY TO REDUCE ELEMENTS SUBJECT TO REQUIREMENT- Paragraph
(1)(A) shall not prohibit the Commission from modifying the regulation
referred to in that paragraph to reduce the number of network elements
subject to the unbundling requirement, or to forbear from enforcing any
portion of that regulation in accordance with the Commission's authority
under section 706 of the Telecommunications Act of 1996, notwithstanding any
limitation on that authority in section 10 of this Act.'.
SEC. 5. INTERNET CONSUMERS FREEDOM OF CHOICE.
Part I of title II of the Communications Act of 1934, as amended by
section 4, is amended by adding at the end the following new section:
`SEC. 233. INTERNET CONSUMERS FREEDOM OF CHOICE.
`(a) PURPOSE- It is the purpose of this section to ensure that Internet
users have freedom of choice of Internet service provider.
`(b) OBLIGATIONS OF INCUMBENT LOCAL EXCHANGE CARRIERS- - Each incumbent
local exchange carrier has the duty to provide--
`(1) Internet users with the ability to subscribe to and have access to
any Internet service provider that interconnects with such carrier's high
speed data service;
`(2) any Internet service provider with the right to acquire the
facilities and services necessary to interconnect with such carrier's high
speed data service for the provision of Internet access service; and
`(3) any Internet service provider with the ability to collocate
equipment in accordance with the provisions of section 251, to the extent
necessary to achieve the objectives of paragraphs (1) and (2) of this
subsection.
`(c) DEFINITIONS- As used in this section--
`(1) INTERNET SERVICE PROVIDER- The term `Internet service provider'
means any provider of Internet access service.
`(2) INCUMBENT LOCAL EXCHANGE CARRIER- The term `incumbent local
exchange carrier' has the same meaning as provided in section
251(h).'.
SEC. 6. INCIDENTAL INTERLATA PROVISION OF HIGH SPEED DATA AND INTERNET
ACCESS SERVICES.
(a) INCIDENTAL INTERLATA SERVICE PREMITTED- Section 271(g) of the
Communications Act of 1934 (47 U.S.C. 271(g)) is amended--
(1) by striking `or' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and inserting `;
or'; and
(3) by adding at the end thereof the following new paragraph:
`(7) of high speed data service or Internet access service.'.
(b) PROHIBITION ON MARKETING VOICE SERVICES- Section 271 of such Act is
amended by adding at the end thereof the following new subsection:
`(k) PROHIBITION ON MARKETING VOICE TELEPHONE SERVICES- Until the date on
which a Bell operating company is authorized to offer interLATA services
originating in an in-region State in accordance with the provisions of this
section, such Bell operating company offering any high speed data service or
Internet access service pursuant to the provisions of paragraph (7) of
subsection (g) may not, in such in-region State market, bill, or collect for
interLATA voice telecommunications service obtained by means of the high speed
data service or Internet access service provided by such company.'.
(c) CONFORMING AMENDMENTS-
(1) Section 272(a)(2)(B)(i) of such Act is amended to read as
follows:
`(i) incidental interLATA services described in paragraphs (1), (2),
(3), (5), (6), and (7) of section 271(g).'.
(2) Section 272(a)(2)(C) of such Act is repealed.
END