S 877 IS

To encourage the provision of advanced service, and for other purposes.

April 26, 1999

Mr. BROWNBACK (for himself, Mr. NICKLES, and Mr. CRAIG) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To encourage the provision of advanced service, 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 `Broadband Internet Regulatory Relief Act of 1999'.

SEC. 2. DEFINITIONS.

(a) IN GENERAL- Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by--

(1) redesignating paragraph (1) through (51) as paragraphs (3) through (53), respectively;

(2) inserting before paragraph (3), as redesignated, the following:

`(1) ADVANCED SERVICE- The term `advanced service' means a communications service or combination of such services providing a digitally encoded signal downstream from a provider to a consumer at a rated speed of 200 kilobits per second or above and upstream from a consumer to a provider at a rated speed of 128 kilobits per second or above for access to the Internet or other interstate information and data services.

`(2) ADVANCED SERVICE PROVIDER- The term `advanced service provider' means any provider of advanced services.';

(3) redesignating paragraphs (19) through (53), as redesignated by paragraph (1) of this subsection, as paragraphs (20) through (54), respectively; and

(4) inserting before paragraph (20), as redesignated by paragraph (3) of this subsection, the following:

`(19) DSL-CAPABLE LOOP- The term `DSL-capable loop' means a loop capable of transporting an advanced service.'.

(b) CONFORMING AMENDMENT- Section 271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by striking `3(47)(A),' and inserting `3(50)(A),'.

SEC. 3. REGULATION OF ADVANCED SERVICE.

(a) IN GENERAL- Part II of title II of the Communications Act of 1934 (47 U.S.C. 251 et seq.) is amended by adding at the end thereof the following:

`SEC. 262. PROVISION OF ADVANCED SERVICE BY INCUMBENT LOCAL EXCHANGE CARRIER.

`(a) IN GENERAL- Nothwithstanding section 2(b) of this Act, or any other provision of law, an incumbent local exchange carrier shall not be subject to the requirements of--

`(1) section 251(c)(3) with respect to facilities and equipment used exclusively to provide advanced service; and

`(2) section 251(c)(4) for the provision of advanced service,

in any State in which 70 percent of the incumbent local exchange carrier's loops in its service territory are DSL-capable, as determined by that State.

`(b) PRICING FLEXIBILITY-

`(1) COMPETITION FOR ADVANCED SERVICE- Except as provided in paragraph (4), the prices, terms, and conditions of any advanced service by an incumbent local exchange carrier shall not be subject to regulation if the Commission determines that advanced service is being offered by an unaffiliated advanced service provider in competition with the incumbent local exchange carrier within a geographic area served by a central office.

`(2) PETITION- An incumbent local exchange carrier seeking pricing flexibility under paragraph (1) may file a petition with the Commission seeking such relief. A petition under this paragraph is deemed to have been approved if the Commission does not act on it within 30 days after it is filed.

`(3) UNCONDITIONAL RELIEF- If the Commission determines under paragraph (1) that advanced service is being offered by an unaffiliated provider in the manner described in that paragraph, the Commission shall approve the petition of the incumbent local exchange carrier unconditionally.

`(4) ADVANCED SERVICE OUTSIDE AN INCUMBENT'S TERRITORY- The rates, terms, and conditions of advanced service offered by an incumbent local exchange carrier or its affiliate are not subject to regulation in any geographic area in which that carrier, its successor, or assigns was not the local incumbent exchange carrier on February 8, 1996.

`(5) SCHEDULE OF CHARGES- For any advanced service that has not been determined by the Commission to be subject to competition under paragraph (1), the incumbent local exchange carrier furnishing such advanced service shall file with the Commission a schedule of charges and practices for such advanced service in a manner prescribed by the Commission under section 204. Any such schedule of charges and practices shall be deemed lawful and shall be effective 2 days after the date on which it was filed with the Commission unless the Commission takes action under section 204(a)(1) before the end of that 2-day period.

`(c) DEFINITION OF INCUMBENT LOCAL EXCHANGE CARRIER- For purposes of this section, the term `incumbent local exchange carrier' has the meaning given to that term by section 251(h).

`SEC. 263. PROVISION OF ADVANCED SERVICE NOT SUBJECT TO CERTAIN RESALE REQUIREMENTS.

`Notwithstanding section 2(b), or any other provision of law, section 251(b)(1) does not apply to a local exchange carrier with respect to its provision of advanced service.'.

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