HR 1542 RFS

February 28, 2002

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

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 2001'.

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 and Internet backbone 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 backbone 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, Internet backbone 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 backbone 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 (26) through (57), 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. Such term does not include special access service offered through dedicated transport links between a customer's premises and an interexchange carrier's switch or point of presence.';

(4) by inserting after paragraph (21) the following new paragraphs:

`(22) 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.

`(23) INTERNET ACCESS SERVICE- The term `Internet access service' means a service that combines computer processing, information storage, protocol conversion, and routing with transmission to enable users to access Internet content and services.

`(24) INTERNET BACKBONE- The term `Internet backbone' means a network that carries Internet traffic over high-capacity long-haul transmission facilities and that is interconnected with other such networks via private peering relationships.

`(25) INTERNET BACKBONE SERVICE- The term `Internet backbone service' means any interLATA service that consists of or includes the transmission by means of an Internet backbone of any packets, and shall include related local connectivity.'.

(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, Internet backbone 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, Internet backbone service, or Internet access service; nor shall the Commission impose or require the collection of any fees, taxes, charges, or tariffs upon such service that is not imposed or required on the date of enactment of this section.

`(b) SAVINGS PROVISION- Nothing in this section shall be construed to limit or affect the authority of any State to regulate circuit-switched 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 regulations, and the requirements of the MTS/WATS Market Structure Order (97 FCC 2d 682, 715 (1983)); or

`(2) rules issued pursuant to section 254.

`(d) ADDITIONAL COMMISSION AUTHORITY PRESERVED- Notwithstanding subsection (a), such subsection shall not restrict or affect in any way the authority of the Commission--

`(1) to adopt regulations to prohibit unsolicited commercial e-mail messages;

`(2) to regulate changes in subscriber carrier selections or the imposition of charges on telephone bills for unauthorized services; or

`(3) with respect to--

`(A) customer proprietary network information, as provided in section 222;

`(B) with respect to rules and procedures adopted pursuant to section 223 to restrict the provision of pornography to minors and unconsenting adults; or

`(C) with respect to access by persons with disabilities, as provided in section 255.'.

(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:

`(j) GUARANTEED ACCESS TO CONSUMERS FOR CLECS-

`(1) ACCESS RULES-

`(A) PRESERVATION OF RULES GUARANTEEING CLEC ACCESS TO INCUMBENT CARRIER FACILITIES- Except as provided in subparagraph (E), the Commission is not required to repeal or modify the regulations in effect on May 24, 2001, that enable a requesting carrier to use the facilities of an incumbent local exchange carrier to provide high speed data services.

`(B) TRANSPORT SERVICES AVAILABLE TO CLECS-

`(i) OFFERING REQUIRED- If an incumbent local exchange carrier provides high-speed data services over a fiber local loop or fiber feeder subloop, that carrier shall offer, over such loop or subloop for delivery at the incumbent local exchange carrier's serving central office, a high speed data service that is provided by such carrier utilizing an industry-standard protocol.

`(ii) TRANSMISSION OPTIONS- Such service shall enable a requesting carrier to transmit information over an incumbent local exchange carrier's facilities between that incumbent local exchange carrier's serving central office and (I) a customer's premises served by that serving central office; (II) a remote terminal supplied by the requesting carrier; or (III) a high frequency portion of the copper subloop obtained by such requesting carrier pursuant to the provisions of subsection (c)(3).

`(iii) RATES, TERMS, AND CONDITIONS- Such high speed data service shall be offered on rates, terms, and conditions that are just and reasonable in accordance with section 201(b). For such purposes, such high speed data service shall be deemed a nondominant service.

`(iv) SERVING CENTRAL OFFICE DEFINITION- For the purpose of this subparagraph, the term `serving central office' means the centralized location where the incumbent local exchange carrier has elected to provide access to the high speed data service required by this subparagraph.

`(C) SPACE ADJACENT TO AN INCUMBENT'S REMOTE TERMINAL- Subparagraph (E)(iii) does not relieve an incumbent carrier of any obligation under regulations in effect on May 24, 2001, to provide space adjacent to its remote terminal to a requesting carrier so that the requesting carrier may construct its own remote terminal.

`(D) CLEC ACCESS TO INCUMBENT CARRIER RIGHTS-OF-WAY- Any incumbent local exchange carrier has the duty to afford access to its poles, conduits, and rights-of-way in accordance with subsection (b)(4) for provision of high speed data service.

`(E) SCOPE- Notwithstanding any provision of law, neither the Commission nor any State shall--

`(i) require an incumbent local exchange carrier to provide unbundled access in accordance with subsection (c)(3) to any packet switching network element;

`(ii) require an incumbent local exchange carrier to provide, for the provision of high speed data service, access on an unbundled basis in accordance with subsection (c)(3) to any fiber local loop or fiber feeder subloop; or

`(iii) require an incumbent local exchange carrier to provide for collocation in accordance with subsection (c)(6) in a remote terminal, or to construct or make available space in a remote terminal.

`(F) REINTERPRETATION- Consistent with subparagraph (E), neither the Commission nor any State shall construe, interpret, or apply this section in such a manner as to expand an incumbent local exchange carrier's obligation, as in effect on May 24, 2001, to provide access in accordance with subsection (c)(3) to any network element for the provision of high speed data service, or to provide collocation in accordance with subsection (c)(6) for the provision of high speed data service.

`(G) AUTHORITY TO REDUCE ELEMENTS SUBJECT TO REQUIREMENT- This paragraph shall not prohibit the Commission from modifying the regulation referred to in subparagraph (B) 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.

`(H) PROHIBITION ON DISCRIMINATORY SUBSIDIES- Any network element used in the provision of high speed data service that is not subject to the requirements of subsection (c) shall not be entitled to any subsidy, including any subsidy pursuant to section 254, that is not provided on a nondiscriminatory basis to all providers of high speed data service and Internet access service. This prohibition on discriminatory subsidies shall not be interpreted to authorize or require the extension of any subsidy to any provider of high speed data service or Internet access service.

`(2) RESALE- For a period of three years after the enactment of this subsection, an incumbent local exchange carrier that provides high speed data service shall have a duty to offer for resale any such service at wholesale rates in accordance with subsection (c)(4). After such three-year period, such carrier shall offer such services for resale pursuant to subsection (b)(1).

`(3) DEFINITIONS- For purposes of this subsection--

`(A) the term `fiber feeder subloop' means the entirely fiber optic cable portion of the local loop between the feeder/distribution interface (or its equivalent) and a distribution frame (or its equivalent) in an incumbent local exchange carrier central office, including all features, functions, and capabilities of such portion of the local loop;

`(B) the term `fiber local loop' means an entirely fiber optic cable transmission facility, including all features, functions, and capabilities of such transmission facility, between a distribution frame (or its equivalent) in an incumbent local exchange carrier central office and the loop demarcation point at an end-user customer premise;

`(C) the term `packet switching network element'--

`(i) means a network element that performs, or offers the capability to perform--

`(I) the basic packet switching function of routing or forwarding packets, frames, cells, or other data units based on address or other routing information contained in the packets, frames, cells, or other data units, including the functions that are performed by digital subscriber line access multiplexers; or

`(II) any successor to the functions described in clause (i);

`(ii) includes such element on a stand-alone basis, or as a part of a combination with one or more other network elements; and

`(iii) does not include elements of the signaling system 7 network transmitting signaling information between switching points;

`(D) the term `remote terminal' means a controlled environment hut, controlled environment vault, cabinet, or other structure at a remote location between the central office and a customer's premises; and

`(E) the term `signaling system 7 network' means the network that uses signaling links to transmit routing messages between switches and between switches and call related data bases.'.

(c) PRESERVATION OF EXISTING INTERCONNECTION AGREEMENTS- Nothing in the amendments made by this section--

(1) shall be construed to permit or require the abrogation or modification of any interconnection agreement in effect on the date of enactment of this section during the term of such agreement, except that this paragraph shall not apply to any interconnection agreement beyond the expiration date of the existing current term contained in such agreement on the date of enactment of this section, without regard to any extension or renewal of such agreement; or

(2) affects the implementation of any change of law provision in any such agreement.

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;

`(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; and

`(4) any provider of high speed data services, Internet backbone service, or Internet access service with special access for the provision of Internet access service within a period no longer than the period in which such incumbent local exchange carrier provides special access to itself or any affiliate for the provision of such service.

`(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).

`(3) SPECIAL ACCESS SERVICE- The term `special access service' means the provision of dedicated transport links between a customer's premises and the switch or point of presence of a high speed data service provider, Internet backbone service provider, or Internet service provider.'.

SEC. 6. INCIDENTAL INTERLATA PROVISION OF HIGH SPEED DATA AND INTERNET BACKBONE SERVICES.

(a) INCIDENTAL INTERLATA SERVICE PERMITTED- 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 backbone service.'.

(b) PROHIBITION ON PROVISION OF VOICE TELEPHONE SERVICES- Section 271 of such Act is amended by adding at the end thereof the following new subsection:

`(k) PROHIBITION ON PROVISION OF 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 backbone service pursuant to the provisions of paragraph (7) of subsection (g) may not, in such in-region State provide interLATA voice telecommunications service, regardless of whether there is a charge for such service, by means of the high speed data service or Internet backbone service provided by such company.'.

(c) NOTICE TO ATTORNEY GENERAL- Section 271 of such Act is further amended by adding at the end the following new subsection:

`(l) NOTICE TO ATTORNEY GENERAL-

`(1) STATEMENT REQUIRED- Not less than 30 days before commencing to offer any interLATA high speed data service or Internet backbone service originating in an in-region State pursuant to paragraph (7) of subsection (g), a Bell operating company shall submit to the Attorney General a statement that--

`(A) expresses the intention to commence providing such service in such State;

`(B) provides a description of the service to be offered; and

`(C) identifies the geographic region within the State in which the service will be offered, if the service is not going to be offered Statewide.

`(2) ADDITIONAL CONTENTS PROHIBITED- The Attorney General may not require a statement under this subsection to contain any additional information other than that specified in subparagraph (A), (B), and (C) of paragraph (1).

`(3) CONFIDENTIAL TREATMENT OF STATEMENTS- A statement submitted to the Attorney General under this subsection shall be exempt from disclosure under section 552 of title 5, United States Code, and no such statement may be made public, except as may be relevant to any administrative or judicial action or proceeding.'.

(d) 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.

SEC. 7. DEPLOYMENT OF BROADBAND SERVICES.

Part III of title II of the Communications Act of 1934 is amended by inserting after section 276 (47 U.S.C. 276) the following new section:

`SEC. 277. DEPLOYMENT OF BROADBAND SERVICES.

`(a) DEPLOYMENT REQUIRED- Each Bell operating company and its affiliates shall deploy high speed data services in each State in which such company or affiliate is an incumbent local exchange carrier (as such term is defined in section 251(h)) in accordance with the requirements of this section.

`(b) DEPLOYMENT REQUIREMENTS-

`(1) MILEPOSTS FOR DEPLOYMENT- A Bell operating company or its affiliate shall deploy high speed data services by attaining high speed data capability in its central offices in each State to which subsection (a) applies. Such company or affiliate shall attain such capability in accordance with the following schedule:

`(A) Within one year after the date of enactment of this section, such company or affiliate shall attain high speed data capability in not less than 20 percent of such central offices in such State.

`(B) Within 2 years after the date of enactment of this section, such company or affiliate shall attain high speed data capability in not less than 40 percent of such central offices in such State.

`(C) Within 3 years after the date of enactment of this section, such company or affiliate shall attain high speed data capability in not less than 70 percent of such central offices in such State.

`(D) Within 5 years after the date of enactment of this section, such company or affiliate shall attain high speed data capability in not less than 100 percent of such central offices in such State.

`(2) HIGH SPEED DATA CAPABILITY- For purposes of paragraph (1), a central office shall be considered to have attained high speed capability if--

`(A)(i) such central office is equipped with high speed data multiplexing capability; and

`(ii) each upgradeable customer loop that originates or terminates in such central office is upgraded promptly upon receipt of a customer request for such upgrading, as necessary to permit transmission of high speed data service (including any conditioning of the loop);

`(B) each customer served by such central office (without regard to the upgradeability or length of the customer's loop) is able to obtain the provision of high speed data service from such Bell operating company or its affiliate by means of an alternative technology that does not involve the use of the customer's loop; or

`(C) each such customer is able to obtain the provision of high speed data service by one or the other of the means described in subparagraphs (A) and (B).

`(3) UPGRADEABLE LOOPS- For purposes of paragraph (2), a customer loop is upgradeable if--

`(A) such loop is less than 15,000 feet in length (from the central office to the customer's premises along the line); and

`(B) such loop can, with or without conditioning, transmit high speed data services without such transmission on such loop causing significant degradation of voice service.

`(c) AVAILABILITY OF REMEDIES-

`(1) FORFEITURE PENALTIES- A Bell operating company or its affiliate that fails to comply with this section shall be subject to the penalties provided in section 503(b)(2). In determining whether to impose a forfeiture penalty, and in determining the amount of any forfeiture penalty under section 503(b)(2)(D), the Commission shall take into consideration the extent to which the requirements of this section are technically infeasible.

`(2) JURISDICTION- The Commission shall have exclusive jurisdiction to enforce the requirements of this section, except that any State commission may file a complaint with the Commission seeking the imposition of penalties as provided in paragraph (1).

`(d) ANNUAL REPORT ON DEPLOYMENT-

`(1) ANALYSIS REQUIRED- The Commission shall include in each of its annual reports submitted no more than 18 months after the date of enactment of this section an analysis of the deployment of high speed data service to underserved areas. Such report shall include--

`(A) a statistical analysis of the extent to which high speed data service has been deployed to central offices and customer loops, or is available using different technologies, as compared with the extent of such deployment and availability prior to such date and in prior reports under this subsection;

`(B) a breakdown of the delivery of high speed data service by type of technology and class or category of provider;

`(C) an identification of impediments to such deployment and availability, and developments in overcoming such impediments during the intervening period between such reports; and

`(D) recommendations of the Commission, after consultation with the National Telecommunications and Information Administration, for further extending such deployment and availability and overcoming such impediments.

`(2) DEFINITION OF UNDERSERVED AREA- For purposes of paragraph (1), the term `underserved areas' means areas that--

`(A) are high cost areas that are eligible for services under subpart D of part 54 of the Commission's regulations (47 C.F.R. 54.301 et seq.); or

`(B) are within or comprised of any census tract--

`(i) the poverty level of which is at least 30 percent (based on the most recent census data); or

`(ii) the median family income of which does not exceed--

`(I) in the case of a census tract located in a metropolitan statistical area, 70 percent of the greater of the metropolitan area median family income or the statewide median family income; and

`(II) in the case of a census tract located in a nonmetropolitan statistical area, 70 percent of the nonmetropolitan statewide median family income.

`(3) DESIGNATION OF CENSUS TRACTS- The Commission shall, not later than 90 days after the date of the enactment of this section, designate and publish those census tracts meeting the criteria described in paragraph (2)(B).'.

SEC. 8. COMMISSION AUTHORIZED TO PRESCRIBE JUST AND REASONABLE CHARGES.

The Federal Communications Commission may impose penalties under section 503 of the Communications Act of 1934 not to exceed $1,000,000 for any violation of provisions contained in, or amended by, section 5, 6, or 7 (or any combination thereof) of this Act. Each distinct violation shall be a separate offense, and in the case of a continuing violation, each day shall be deemed a separate offense, except that the amount assessed for any continuing violation shall not exceed a total of $10,000,000 for any single act or failure to act described in section 5, 6, or 7 (or any combination thereof) of this Act.

SEC. 9. CLARIFICATION OF CONTINUING OPERATION OF ANTITRUST LAWS.

Section 601(b) of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 143) is amended by adding at the end the following new paragraph:

`(4) CONTINUING OPERATION OF THE ANTITRUST LAWS- Paragraph (1) shall be interpreted to mean that the antitrust laws are--

`(A) not repealed by,

`(B) not precluded by,

`(C) not diminished by, and

`(D) not incompatible with,

the Communications Act of 1934, this Act, or any law amended by either such Act.'.

SEC. 10. COMMON CARRIER ENFORCEMENT.

(a) CEASE AND DESIST AUTHORITY- Section 501 of the Communications Act of 1934 (47 U.S.C. 501) is amended--

(1) by striking `Any person' and inserting `(a) FINES AND IMPRISONMENT- Any person';

(2) by adding at the end the following new subsection:

`(b) CEASE AND DESIST ORDERS- If, after a hearing, the Commission determines that any common carrier is engaged in an act, matter, or thing prohibited by this Act, or is failing to perform any act, matter, or thing required by this Act, the Commission may order such common carrier to cease or desist from such action or inaction.'.

(b) FORFEITURE PENALTIES- Section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b)) is amended--

(1) in paragraph (2)(B)--

(A) by striking `exceed $100,000' and inserting `exceed $1,000,000'; and

(B) by striking `of $1,000,000' and inserting `of $10,000,000';

(2) in paragraph (2)(C), by striking `subparagraph (A) or (B)' and inserting `subparagraph (A), (B), or (C)';

(3) by redesignating subparagraphs (C) and (D) of paragraph (2) as subparagraphs (D) and (E), respectively;

(4) by inserting after subparagraph (B) of paragraph (2) the following new subparagraph:

`(C) If a common carrier has violated a cease and desist order or has previously been assessed a forfeiture penalty for a violation of a provision of this Act or of any rule, regulation, or order issued by the Commission, and if the Commission or an administrative law judge determines that such common carrier has willfully violated the same provision, rule, regulation, that this repeated violation has caused harm to competition, and that such common carrier has been assessed a forfeiture penalty under this subsection for such previous violation, the Commission may assess a forfeiture penalty not to exceed $2,000,000 for each violation or each day of continuing violation; except that the amount of such forfeiture penalty shall not exceed $20,000,000.'; and

(5) in paragraph (6)(B), by striking `1 year' and inserting `2 years'.

(c) EVALUATION OF IMPACT-

(1) EVALUATION REQUIRED- Within one year after the date of enactment of this Act, the Federal Communications Commission shall conduct an evaluation of the impact of the increased remedies available under the amendments made by this section on improving compliance with the requirements of the Communications Act of 1934, and with the rules, regulations, and orders of the Commission thereunder. Such evaluation shall include--

(A) an assessment of the number of enforcement proceedings commenced before and after such date of enactment;

(B) an analysis of any changes in the number, type, seriousness, or repetition of violations; and

(C) an analysis of such other factors as the Commission considers appropriate to evaluate such impact.

(2) REPORT- Within one year after such date of enactment, the Commission shall submit a report on the evaluation to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

Passed the House of Representatives February 27, 2002.

Attest:

JEFF TRANDAHL,

Clerk.

END