106th CONGRESS
2d Session
H. R. 3850
AN ACT
To amend the Communications Act of 1934 to promote deployment of advanced
services and foster the development of competition for the benefit of consumers
in all regions of the Nation by relieving unnecessary burdens on the Nation's
two percent local exchange telecommunications carriers, and for other purposes.
HR 3850 EH
106th CONGRESS
2d Session
H. R. 3850
AN ACT
To amend the Communications Act of 1934 to promote deployment of
advanced services and foster the development of competition for the benefit of
consumers in all regions of the Nation by relieving unnecessary burdens on the
Nation's two percent local exchange telecommunications carriers, 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 `Independent Telecommunications Consumer
Enhancement Act of 2000'.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS- Congress finds the following:
(1) The Telecommunications Act of 1996 was enacted to foster the rapid
deployment of advanced telecommunications and information technologies and
services to all Americans by promoting competition and reducing regulation
in telecommunications markets nationwide.
(2) The Telecommunications Act of 1996 specifically recognized the
unique abilities and circumstances of local exchange carriers with fewer
than two percent of the Nation's subscriber lines installed in the aggregate
nationwide.
(3) Given the markets two percent carriers typically serve, such
carriers are uniquely positioned to accelerate the deployment of advanced
services and competitive initiatives for the benefit of consumers in less
densely populated regions of the Nation.
(4) Existing regulations are typically tailored to the circumstances of
larger carriers and therefore often impose disproportionate burdens on two
percent carriers, impeding such carriers' deployment of advanced
telecommunications services and competitive initiatives to consumers in less
densely populated regions of the Nation.
(5) Reducing regulatory burdens on two percent carriers will enable such
carriers to devote additional resources to the deployment of advanced
services and to competitive initiatives to benefit consumers in less densely
populated regions of the Nation.
(6) Reducing regulatory burdens on two percent carriers will increase
such carriers' ability to respond to marketplace conditions, allowing them
to accelerate deployment of advanced services and competitive initiatives to
benefit consumers in less densely populated regions of the Nation.
(b) PURPOSES- The purposes of this Act are--
(1) to accelerate the deployment of advanced services and the
development of competition in the telecommunications industry for the
benefit of consumers in all regions of the Nation, consistent with the
Telecommunications Act of 1996, by reducing regulatory burdens on local
exchange carriers with fewer than two percent of the Nation's subscriber
lines installed in the aggregate nationwide;
(2) to improve such carriers' flexibility to undertake such initiatives;
and
(3) to allow such carriers to redirect resources from paying the costs
of such regulatory burdens to increasing investment in such
initiatives.
SEC. 3. DEFINITION.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(1) by redesignating paragraphs (51) and (52) as paragraphs (52) and
(53), respectively; and
(2) by inserting after paragraph (50) the following:
`(51) TWO PERCENT CARRIER- The term `two percent carrier' means an
incumbent local exchange carrier within the meaning of section 251(h) that
has fewer than two percent of the Nation's subscriber lines installed in the
aggregate nationwide.'.
SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.
Title II of the Communications Act of 1934 is amended by adding at the end
thereof a new part IV as follows:
`PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS
`SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.
`(a) COMMISSION TO TAKE INTO ACCOUNT DIFFERENCES- In adopting rules that
apply to incumbent local exchange carriers (within the meaning of section
251(h)), the Commission shall separately evaluate the burden that any proposed
regulatory, compliance, or reporting requirements would have on two percent
carriers.
`(b) EFFECT OF RECONSIDERATION OR WAIVER- If the Commission adopts a rule
that applies to incumbent local exchange carriers and fails to separately
evaluate the burden that any proposed regulatory, compliance, or reporting
requirement would have on two percent carriers, the Commission shall not
enforce the rule against two percent carriers unless and until the Commission
performs such separate evaluation.
`(c) ADDITIONAL REVIEW NOT REQUIRED- Nothing in this section shall be
construed to require the Commission to conduct a separate evaluation under
subsection (a) if the rules adopted do not apply to two percent carriers, or
such carriers are exempted from such rules.
`(d) SAVINGS CLAUSE- Nothing in this section shall be construed to
prohibit any size-based differentiation among carriers mandated by this Act,
chapter 6 of title 5, United States Code, the Commission's rules, or any other
provision of law.
`(e) EFFECTIVE DATE- The provisions of this section shall apply with
respect to any rule adopted on or after the date of the enactment of this
section.
`SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.
`(a) LIMITATION- The Commission shall not require a two percent
carrier--
`(1) to file cost allocation manuals or to have such manuals audited,
but a two percent carrier that qualifies as a class A carrier shall annually
certify to the Commission that the two percent carrier's cost allocation
complies with the rules of the Commission; or
`(2) to file Automated Reporting and Management Information Systems
(ARMIS) reports.
`(b) PRESERVATION OF AUTHORITY- Except as provided in subsection (a),
nothing in this Act limits the authority of the Commission to obtain access to
information under sections 211, 213, 215, 218, and 220 with respect to two
percent carriers.
`SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.
`The Commission shall not require any two percent carrier to establish or
maintain a separate affiliate to provide any common carrier or noncommon
carrier services, including local and interexchange services, commercial
mobile radio services, advanced services (within the meaning of section 706 of
the Telecommunications Act of 1996), paging, Internet, information services or
other enhanced services, or other services. The Commission shall not require
any two percent carrier and its affiliates to maintain separate officers,
directors, or other personnel, network facilities, buildings, research and
development departments, books of account, financing, marketing, provisioning,
or other operations.
`SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.
`(a) NECA POOL- The participation or withdrawal from participation by a
two percent carrier of one or more study areas in the common line tariff
administered and filed by the National Exchange Carrier Association or any
successor tariff or administrator shall not obligate such carrier to
participate or withdraw from participation in such tariff for any other study
area.
`(b) PRICE CAP REGULATION- A two percent carrier may elect to be regulated
by the Commission under price cap rate regulation, or elect to withdraw from
such regulation, for one or more of its study areas at any time. The
Commission shall not require a carrier making an election under this paragraph
with respect to any study area or areas to make the same election for any
other study area.
`SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO PERCENT
COMPANIES.
`The Commission shall permit two percent carriers to introduce new
interstate telecommunications services by filing a tariff on one day's notice
showing the charges, classifications, regulations and practices therefor,
without obtaining a waiver, or make any other showing before the Commission in
advance of the tariff filing. The Commission shall not have authority to
approve or disapprove the rate structure for such services shown in such
tariff.
`SEC. 286. ENTRY OF COMPETING CARRIER.
`(a) PRICING FLEXIBILITY- Notwithstanding any other provision of this Act,
any two percent carrier shall be permitted to deaverage its interstate
switched or special access rates, file tariffs on one day's notice, and file
contract-based tariffs for interstate switched or special access services
immediately upon certifying to the Commission that a telecommunications
carrier unaffiliated with such carrier is engaged in facilities-based entry
within such carrier's service area.
`(b) PRICING DEREGULATION- Notwithstanding any other provision of this
Act, upon receipt by the Commission of a certification by a two percent
carrier that a local exchange carrier that is not a two percent carrier is
engaged in facilities-based entry within the two percent carrier's service
area, the Commission shall regulate such two percent carrier as non-dominant,
and therefore shall not require the tariffing of the interstate service
offerings of such two percent carrier.
`(c) PARTICIPATION IN EXCHANGE CARRIER ASSOCIATION TARIFF- A two percent
carrier that meets the requirements of subsection (a) or (b) of this section
with respect to one or more study areas shall be permitted to participate in
the common line tariff administered and filed by the National Exchange Carrier
Association or any successor tariff or administrator, by electing to include
one or more of its study areas in such tariff.
`(d) DEFINITIONS- For purposes of this section:
`(1) FACILITIES-BASED ENTRY- The term `facilities-based entry' means,
within the service area of a two percent carrier--
`(A) the provision or procurement of local telephone exchange
switching capability; and
`(B) the provision of local exchange service to at least one
unaffiliated customer.
`(2) CONTRACT-BASED TARIFF- The term `contract-based tariff' shall mean
a tariff based on a service contract entered into between a two percent
carrier and one or more customers of such carrier. Such tariff shall
include--
`(A) the term of the contract, including any renewal options;
`(B) a brief description of each of the services provided under the
contract;
`(C) minimum volume commitments for each service, if any;
`(D) the contract price for each service or services at the volume
levels committed to by the customer or customers;
`(E) a brief description of any volume discounts built into the
contract rate structure; and
`(F) a general description of any other classifications, practices,
and regulations affecting the contract rate.
`(3) SERVICE AREA- The term `service area' has the same meaning as in
section 214(e)(5).
`SEC. 287. SAVINGS PROVISIONS.
`(a) COMMISSION AUTHORITY- Nothing in this part shall be construed to
restrict the authority of the Commission under sections 201 through 205 and
208.
`(b) RURAL TELEPHONE COMPANY RIGHTS- Nothing in this part shall be
construed to diminish the rights of rural telephone companies otherwise
accorded by this Act, or the rules, policies, procedures, guidelines, and
standards of the Commission as of the date of the enactment of this
section.'.
SEC. 5. LIMITATION ON MERGER REVIEW
(a) AMENDMENT- Section 310 of the Communications Act of 1934 (47 U.S.C.
310) is amended by adding at the end the following:
`(f) DEADLINE FOR MAKING PUBLIC INTEREST DETERMINATION-
`(1) TIME LIMIT- In connection with any merger between two percent
carriers, or the acquisition, directly or indirectly, by a two percent
carrier or its affiliate of the securities or assets of another two percent
carrier or its affiliate, the Commission shall make any determination
required by subsection (d) of this section or section 214 not later than 60
days after the date an application with respect to such merger is submitted
to the Commission.
`(2) APPROVAL ABSENT ACTION- If the Commission does not approve or deny
an application as described in paragraph (1) by the end of the period
specified, the application shall be deemed approved on the day after the end
of such period. Any such application deemed approved under this subsection
shall be deemed approved without conditions.'.
(b) EFFECTIVE DATE- The provisions of this section shall apply with
respect to any application that is submitted to the Commission on or after the
date of the enactment of this Act. Applications pending with the Commission on
the date of the enactment of this Act shall be subject to the requirements of
this section as if they had been filed with the Commission on the date of the
enactment of this Act.
SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR
WAIVER.
(a) AMENDMENT- Section 405 of the Communications Act of 1934 (47 U.S.C.
405) is amended by adding to the end the following:
`(c) EXPEDITED ACTION REQUIRED-
`(1) TIME LIMIT- Within 90 days after receiving from a two percent
carrier a petition for reconsideration filed under this section or a
petition for waiver of a rule, policy, or other Commission requirement, the
Commission shall issue an order granting or denying such petition. If the
Commission fails to act on a petition for waiver subject to the requirements
of this section within this 90-day period, the relief sought in such
petition shall be deemed granted. If the Commission fails to act on a
petition for reconsideration subject to the requirements of this section
within this 90 day period, the Commission's enforcement of any rule the
reconsideration of which was specifically sought by the petitioning party
shall be stayed with respect to that party until the Commission issues an
order granting or denying such petition.
`(2) FINALITY OF ACTION- Any order issued under paragraph (1), or any
grant of a petition for waiver that is deemed to occur as a result of the
Commission's failure to act under paragraph (1), shall be a final order and
may be appealed.'.
(b) EFFECTIVE DATE- The provisions of this section shall apply with
respect to any petition for reconsideration or petition for waiver that is
submitted to the Commission on or after the date of the enactment of this Act.
Pending petitions for reconsideration or petitions for waiver shall be subject
to the requirements of this section as if they had been filed on the date of
the enactment of this Act.
Passed the House of Representatives October 3, 2000.
Attest:
Clerk.
END