S 2572 IS

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.

May 16, 2000

Mr. BURNS (for himself, Mr. BREAUX, Mr. ENZI, Mr. GRAMS, and Mrs. LINCOLN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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 `Facilitating Access to Speedy Transmissions for Networks, E-commerce, and Telecommunications Act' or the `FASTNET Act'.

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 by adding at the end thereof the following:

`(53) TWO PERCENT CARRIER- The term `two percent carrier' means a local exchange carrier with fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide, within the meaning of section 251(f)(2) and that meets the requirements of section 251(h).'.

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, the Commission shall adopt separate and less burdensome regulatory, compliance, or reporting requirements, or exemptions from such requirements, or both, for two percent carriers that take into account the more limited resources available to such carriers and the greater burden such rules impose on such carriers and their customers.

`(b) EFFECT OF RECONSIDERATION OR WAIVER- If the Commission adopts a rule that applies to incumbent local exchange carriers and does not adopt such separate and less burdensome regulatory, compliance, or reporting requirements, or exemptions from such requirements, for two percent carriers and if a two percent carrier or carriers seek a waiver or reconsideration of the rule as adopted in accordance with the Commission's rules, the Commission shall not enforce the rule against such carrier or carriers unless and until the Commission adopts separate and less burdensome requirements or exemptions in accordance with subsection (a).

`(c) ADDITIONAL REGULATION NOT REQUIRED- Nothing in this section shall be construed to require the Commission to adopt regulatory, compliance, or reporting requirements of any kind for two percent carriers where none currently exist. Nothing in this section shall be construed to require any additional regulation to be imposed on commercial mobile radio service.

`(d) SAVINGS CLAUSE- Nothing in this section shall be construed to prohibit any size-based differentiation among carriers mandated by this Act, the Regulatory Flexibility Act, 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 enactment of this section.

`SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.

`The Commission shall not require a two percent carrier--

`(1) to file cost allocation manuals or to have audited or attested such manuals; or

`(2) to file Automated Reporting and Management Information Systems (ARMIS).

`SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.

`The Commission shall not adopt or enforce any regulation the purpose or effect of which is to impair the ability of a two percent carrier to integrate its operations in one or more entities, at its discretion. Such operations may include the provision of common carrier and 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 or other enhanced services, or other services. The Commission shall not require companies to which this paragraph applies 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. REVIEW OF MERGERS.

`Except as required by section 310(f), the Commission shall have no authority to approve, disapprove, delay, condition, or modify the terms of any merger between two percent carriers or their affiliates, or any 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, if after the merger, the resulting entry would still be a two percent carrier.

`SEC. 286. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO PERCENT COMPANIES.

`Two percent carriers shall be permitted 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. 287. 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 has engaged in facilities-based entry or resale-based entry within such carrier's service area.

`(b) PRICING DEREGULATION- Notwithstanding any other provision of this Act, the Commission shall have no authority to regulate the rates for interstate services provided by a two percent carrier immediately upon certifying to the Commission by such carrier that a local exchange carrier that is not a two percent carrier has engaged in facilities-based entry within such two percent carrier's service area.

`(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) RESALE-BASED ENTRY- The term `resale-based entry' means, within the service area of a two percent carrier, the provision of telecommunications service using resale offered under section 251(c).

`(3) 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.

`(4) SERVICE AREA- The term `service area' has the same meaning as in section 214(e)(5).

`SEC. 288. SAVINGS PROVISION.

`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 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 the determination required by subsection (d) of this section not later than 45 days after the date the application 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 enactment of this Act. Applications pending with the Commission on the date of 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 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 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 enactment of this Act.

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