HR 1698 IH
107th CONGRESS
1st Session
H. R. 1698
To ensure the application of the antitrust laws to local telephone
monopolies; and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 3, 2001
Mr. CANNON (for himself, Mr. Conyers, Mr. Issa, and Mr. Nadler) introduced
the following bill; which was referred to the Committee on the Judiciary, and in
addition to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To ensure the application of the antitrust laws to local telephone
monopolies; 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 `American Broadband Competition Act of
2001'.
SEC. 2. AMENDMENT TO THE CLAYTON ACT ON THE APPLICABILITY OF THE ANTITRUST
LAWS TO CERTAIN VIOLATIONS IN THE TELECOMMUNICATIONS INDUSTRY.
The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the end the
following:
`SEC. 28. (a) In any action based on a claim arising under the antitrust
laws--
`(1) the court shall not dismiss such claim on the ground that the
defendant's conduct was or is subject to the Communications Act of 1934 (47
U.S.C. 101 et seq.), or that such Act takes precedence over, because of its
specificity or recency of enactment, the antitrust laws; and
`(2) the trier of fact may consider any conduct that violates any
obligations or requirements imposed by the Communications Act of 1934 (47
U.S.C. 101 et seq.), or rules adopted pursuant thereto, in determining
whether the defendant has engaged in anticompetitive or exclusionary
conduct.
`SEC. 29. (a) If an adjudicatory body determines that an incumbent local
exchange carrier in any particular State has violated section 251, 252, 271,
or 272 of the Communications Act of 1934, or any rules promulgated pursuant to
such sections, such carrier shall be deemed to have violated the antitrust
laws.
`(b) In addition to any penalty that may be imposed under any other
provision of law, such carrier and all affiliates of such carrier may not
jointly market in such State any advanced telecommunications service with any
other telecommunications or information services offered by such carrier or by
any of such affiliates.
`(c) Not later than 1 year after the enactment of the American Broadband
Competition Act of 2001, the Attorney General shall submit a report to the
Committee on the Judiciary of the House of Representatives and the Committee
on the Judiciary of the Senate--
`(1) identifying suits brought under this section; and
`(2) describing the effect that the enforcement of this section has had
on competitiveness in the telecommunication marketplace.'.
SEC. 3. ESTABLISHMENT OF AN ALTERNATIVE PROCESS TO RESOLVE DISPUTES.
(a) AMENDMENT- Title 9 of the United States Code is amended by inserting
after section 16 the following:
`17. Disputes arising under interconnection agreements
`(a) INTERCONNECTION AGREEMENT CONTROVERSIES SUBJECT TO ARBITRATION- Any
interconnection agreement entered into pursuant to section 252 of the
Communications Act of 1934 (47 U.S.C. 252) shall be treated for purposes of
this chapter as a contract containing a written provision to settle by
arbitration a controversy thereafter arising out of such contract. Any such
controversy shall be subject to arbitration in accordance with the alternate
dispute resolution process established pursuant to this section.
`(b) ESTABLISHMENT REQUIRED- Within 90 days after enactment of the
American Broadband Competition Act of 2001, the Attorney General shall
prescribe a multistate alternative dispute resolution process. The Attorney
General shall not include either the Federal Communications Commission nor any
State commission as a party to such dispute resolution process.
`(c) CRITERIA FOR ESTABLISHMENT OF PROCESS- The multistate alternative
dispute resolution process required by this section shall--
`(1) provide for a private, commercial arbitration process that will
permit a requesting telecommunications carrier to resolve a dispute related
to an interconnection agreement with an incumbent local exchange carrier
arising in 1 or several States in an open, nondiscriminatory, and unbiased
fashion within 45 days after the filing of such dispute;
`(2) incorporate the Commercial Dispute Resolution Procedures of the
American Arbitration Association in effect at the date of enactment of the
American Broadband Competition Act of 2001 to the extent consistent with the
time limits imposed in this section, except that all decisions of
arbitration panels constituted pursuant to this section shall be in writing,
publicly available, and posted on the Internet;
`(3) permit all parties to have the right to discovery; and
`(4) ensure requesting telecommunications carriers do not file frivolous
disputes, and establish penalties to deter such conduct.
`(d) AUTHORITY OF ARBITRATION PANELS- Except as otherwise provided in this
section, awards and decisions of such arbitration panels shall be enforceable
in Federal district courts pursuant to the procedures of this chapter.
`(e) NO COLLATERAL ESTOPPEL- The parties to the controversy shall be bound
by the decision of the arbitration panel as to the matter in controversy under
the interconnection agreement entered into pursuant to section 252 of the
Communications Act of 1934 (47 U.S.C. 252), but otherwise such decision shall
not have the effect of collateral estoppel in any other proceeding involving
any of such parties.
`(f) OTHER REMEDIES NOT LIMITED- Except as provided in subsection (e), the
availability of alternative dispute resolution pursuant to this section shall
not--
`(1) limit any other remedy a requesting telecommunications carrier
might have for the same or similar facts, including relief before the
Attorney General of the United States, the Federal Communications Commission
or State commissions (as defined by section 3 of the Communications Act of
1934), courts of the United States, or any other appropriate forum; or
`(2) modify, affect, or supersede the authority and responsibility of
the Federal Communications Commission to expeditiously administer and
enforce the Communications Act of 1934.'.
(b) CONFORMING AMENDMENT- The table of sections of chapter 1 of title 9 is
amended by inserting after the item relating to section 16 the following:
`17. Disputes arising under interconnection agreements.'.
END