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H.R.1542
Internet Freedom and Broadband Deployment Act of 2001 (Referred to Senate Committee after being Received from House)
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--
`(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.
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