H.R. 1542 was ordered reported as amended, by a record vote of 32 yeas to 23 nays. (Record Vote No. 5)

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An amendment in the nature of a substitute offered by Mr. Tauzin, No. 1, (1) creating a new definition for Internet Backbone Service so that such service is not included in the definition of Internet Access Service, but is still deregulated; (2) clarifying that the prohibition on federal and state regulation of network elements only applies to the extent that those elements are used in the provision of high speed data services, Internet backbone services, or Internet access services; (3) reinstating the FCC’s line-sharing order that requires ILECs to provide the high frequency portion of a copper loop on a unbundled basis to requesting carriers, with two exceptions; (4) preventing the FCC and the States from expanding the line-sharing obligation; and (5) requiring ILECs to resell high speed data services at wholesale rates to competitors for three years, after which the ILEC still has a duty to resell such services to competitors, but only on a reasonable and nondiscriminatory basis was agreed to by a voice vote.

An amendment to the amendment in the nature of a substitute offered by Mr. Stearns, No. 1a, to prevent the abrogation or modification of existing interconnection agreements, although the amendment would not affect any change of law provisions in such agreements, nor permit an agreement to remain in effect longer than its existing term was agreed to by a voice vote.

An amendment to the amendment in the nature of a substitute offered by Mr. Stupak, No. 1b, (1) to require Bell operating companies to meet certain milestones regarding broadband deployment; (2) would require Bell operating companies to install digital switches in central offices and service any customer with a loop of 150,00 feet or less within statutorily-defined time frames; and (3) would impose penalties for a failure to meet the deployment milestones, and the FCC would have had the authority to suspend the deregulation provided by the Internet Freedom and Broadband Deployment Act if the milestones were not met was not agreed to by a record vote of 17 yeas and 37 nays. (Record Vote No. 1)

An amendment to the amendment in the nature of a substitute offered by Mr. Sawyer, No. 1c, requiring the Bell operating companies to meet the following broadband deployment milestones: 20 percent of a company’s central offices in a State will have to be high speed data capable within the first year after enactment; 40 percent will have to be high speed data capable within two years; 70 percent within three years; and 100 percent within five years. High speed data capability is defined as (1) a central office being equipped with high speed data multiplexing capability and (2) each customer being able to obtain high speed data service over an upgradeable loop or through the use of an alternative technology. An upgradeable loop is defined as a loop that is less than 15,000 feet from a central office over which high speed data service can be provided without causing a degradation of voice service. The amendment also requires the FCC to conduct a study and report to Congress regarding the deployment of high speed data services to underserved areas. Penalties may be imposed if the deployment milestones are not met, and the amendment was agreed to by a voice vote.

An amendment to the amendment in the nature of a substitute offered by Mr. Davis, No. 1d, to change the definition of high speed data service so that such service only includes services that are transmitted at a rate not less than 1.5 megabits per second downstream to the subscriber and not less than 128 kilobits per second upstream to the provider was not agreed to by a record vote of 18 yeas and 33 nays. (Record Vote No. 2)

An amendment to the amendment in the nature of a substitute offered by Mr. Stearns, No. 1e, to change the definition of high speed data service so that the definition did not include any service that consists of or includes the offering of a capability to transmit information between or among switching offices was withdrawn.

An amendment to the amendment in the nature of a substitute offered by Mr. Boucher, No. 1f, to ensure that an ISP could purchase facilities and services for the provision of Internet access service from ILECs on nondiscriminatory rates, terms, and conditions was withdrawn.

An en bloc amendment to the amendment in the nature of a substitute offered by Mr. Davis, No. 1g, to require the FCC to promulgate rules for new ILEC reporting requirements on provisioning issues and for performance standards for nondiscriminatory provisioning, and impose penalties on all ILECs for violations of new sections 232 and 233 of the Communications Act, and different, more onerous penalties on Bell operating companies for violations of new sections 232, 233, and 271k of the Communications Act was not agreed to by a voice vote.

An amendment to the amendment in the nature of a substitute offered by Ms. Eshoo, No. 1h, to prevent the FCC from forbearing from requiring any carrier engaged in the provision of high speed data or Internet access services to file certain service quality reporting information unless that carrier provided local exchange service to fewer than 60 percent of the access lines in a region was not agreed to by a record vote of 18 yeas and 28 nays. (Record Vote No. 3)

An amendment to the amendment in the nature of a substitute offered by Mr. Luther, No. 1i, to enable the FCC and the States to require ILECs to provide unbundled access to any network element (current or future), notwithstanding the bill’s design to prevent the FCC and the States from regulating the provision of high speed data services or network elements to the extent that those elements are used in the provision of high speed data services was not agreed to by a record vote of 27 yeas and 27 nays. (Record Vote No. 4)

An amendment to the amendment in the nature of a substitute offered by Mr. Davis, No. 1j, to require an ILEC to provide special access to any provider of high speed data, Internet backbone, or Internet access services within the same period of time that an ILEC provided special access to itself or an affiliate was withdrawn.

An amendment to the amendment in the nature of a substitute offered by Mrs. Wilson, No. 1k, to provide a compensation methodology for rights-of-way granted by a Federal, State, or local government agency based upon the actual costs incurred in managing the rights-of-way and the amount of public rights-of-way actually used by a particular telecommunications carrier was withdrawn.

An amendment to the amendment in the nature of a substitute offered by Mr. Largent,, No. 1l, to prevent any modification of interconnection agreement provisions related to the rates, terms, and conditions for access to network elements was ruled as non-germane.

An amendment to the amendment in the nature of a substitute offered by Mr. Davis, No. 1m, to require an ILEC to provide special access for the provision of Internet access service to any provider of high speed data, Internet backbone, or Internet access services within the same period of time that an ILEC provided special access to itself or an affiliate for the provision of Internet access service was approved by voice vote.