Internet Freedom and Broadband Deployment Act of 2001
HR 1542 RH
other purposes.
Mr. TAUZIN (for himself, Mr. DINGELL, Mr. GOODLATTE, Mr. BOUCHER, Mr.
ENGLISH, Mr. FROST, Mr. SMITH of Washington, Mr. LUCAS of Kentucky, Mr.
WHITFIELD, Mr. MURTHA, Mr. COLLINS, Mr. BLAGOJEVICH, Mr. FOSSELLA, Mr. DICKS,
Mr. GILLMOR, Mr. BARTON of Texas, Mr. KIND, Mr. GREENWOOD, Mr. MEEKS of New
York, Mr. CAMP, Mr. BALDACCI, Mr. RAHALL, Mr. HOLDEN, Mrs. MCCARTHY of New York,
Mr. BRADY of Pennsylvania, Mr. SIMPSON, Mr. BOYD, Mrs. NORTHUP, Mr. ENGEL, Mr.
SANDLIN, Mr. EVERETT, Mr. BOEHNER, Mr. REYNOLDS, Mr. WELDON of Pennsylvania, Mr.
SESSIONS, Mr. BONIOR, Mr. MALONEY of Connecticut, Mr. BUYER, Mr. CUNNINGHAM, Mr.
MCCRERY, Mr. BISHOP, Mr. LAMPSON, Mr. VITTER, Mr. BASS, Mr. ACKERMAN, Mr. BLUNT,
Mr. MCHUGH, Mr. RYAN of Wisconsin, Mr. QUINN, Mr. BACA, Mr. GONZALEZ, Mr. BAKER,
Mr. WALSH, Mr. GREEN of Texas, Mr. WEXLER, Mr. OXLEY, Mr. RADANOVICH, Mr.
DIAZ-BALART, Mr. COOKSEY, Mr. CLEMENT, Mr. LARSEN of Washington, Mr. SCHROCK,
Mr. PETRI, Mr. WATKINS, Ms. ROS-LEHTINEN, Mr. HILLIARD, Mr. OTTER, Mr. SHADEGG,
Mr. BRYANT, Mr. PLATTS, Mr. PUTNAM, Mr. CUMMINGS, Mr. RODRIGUEZ, Mr. CONDIT, Mr.
BURR of North Carolina, and Mr. WYNN) introduced the following bill; which was
referred to the Committee on Energy and Commerce
Reported by the Committee on Energy and Commerce with an amendment
italic]
Referred to the Committee on the Judiciary for a period ending not later than
June 18, 2001 for consideration of such provisions of the bill and amendment
recommended by the Committee on Energy and Commerce as proposed to narrow the
purview of the Attorney General under section 271 of the Communications Act of
1934
Additional sponsors: Mr. SWEENEY, Mr. GRUCCI, Mr. TURNER, Mr. GALLEGLY, Mr.
BACHUS, Mr. FOLEY, Ms. GRANGER, Mr. CROWLEY, Mr. LEVIN, Mr. RANGEL, Mr.
VISCLOSKY, Mr. HILLEARY, Mr. BONILLA, Mr. FLETCHER, Mr. BENTSEN, Mr. RILEY, Mr.
REYES, Mr. BERRY, Mr. SHOWS, Ms. BROWN of Florida, Mr. WELDON of Florida, Ms.
BALDWIN, Mr. TANCREDO, Mrs. MEEK of Florida, Mr. HAYES, Mr. ROSS, Mr. LAHOOD,
Mr. ACEVEDO-VILA, Mr. MOLLOHAN, Mr. HASTINGS of Florida, Mr. ORTIZ, Mr. KILDEE,
Mr. ALLEN, Mr. SERRANO, Mr. BROWN of South Carolina, Mr. SMITH of Texas, and Mr.
LATOURETTE
Reported with amendments, adversely, from the Committee on the Judiciary,
committed to the Committee of the Whole House on the State of the Union, and
ordered to be printed
boldface roman]
24, 2001]
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, or to regulate any network element to the
extent it is used in the provision of any such service; nor shall the
Commission impose or require the collection of any fees, taxes, charges, or
tariffs upon such service.
- `(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.’.
- (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) EXEMPTION-
- `(1) ACCESS TO NETWORK ELEMENTS FOR HIGH SPEED DATA SERVICE-
- `(A) LIMITATION- Subject to subparagraphs (B), (C), and (D) of
this paragraph, neither the Commission nor any State shall require an
incumbent local exchange carrier to provide unbundled access to any
network element for the provision of any high speed data
service.
- `(B) PRESERVATION OF REGULATIONS AND LINE SHARING ORDER-
Notwithstanding subparagraph (A), the Commission shall, to the extent
consistent with subsections (c)(3) and (d)(2), require the provision of
unbundled access to those network elements described in section 51.319 of
the Commission’s regulations (47 C.F.R. 51.319), as–
- `(i) in effect on January 1, 1999; and
- `(ii) subject to subparagraphs (C) and (D), as modified by the
Commission’s Line Sharing Order.
- `(C) EXCEPTIONS TO PRESERVATION OF LINE SHARING ORDER-
- `(i) UNBUNDLED ACCESS TO REMOTE TERMINAL NOT REQUIRED- An
incumbent local exchange carrier shall not be required to provide
unbundled access to the high frequency portion of the loop at a remote
terminal.
- `(ii) CHARGES FOR ACCESS TO HIGH FREQUENCY PORTION- The
Commission and the States shall permit an incumbent local exchange
carrier to charge requesting carriers for the high frequency portion of
a loop an amount equal to which such incumbent local exchange carrier
imputes to its own high speed data service.
- `(D) LIMITATIONS ON REINTERPRETATION OF LINE SHARING ORDER-
Neither the Commission nor any State Commission shall construe, interpret,
or reinterpret the Commission’s Line Sharing Order in such manner as would
expand an incumbent local exchange carrier’s obligation to provide access
to any network element for the purpose of line sharing.
- `(E) 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.
- `(F) 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 `Commission’s Line Sharing Order’ means the Third Report
and Order in CC Docket No. 98-147 and the Fourth Report and Order in CC
Docket 96-98 (FCC 99-355), as adopted November 18, 1999, and without
regard to any clarification or interpretation in the further notice of
proposed rulemaking in such Dockets adopted January 19, 2001 (FCC 01-26);
and
- `(B) the term `remote terminal’ means an accessible terminal
located outside of the central
office to which analog signals are carried from customer premises, in
which such signals are converted to digital, and from which such signals are
carried, generally over fiber, to the central office.’.
- (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
, subject to subsection (l).’.- (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) APPLICATION PREREQUISITE TO PROVIDING HIGH SPEED DATA SERVICE OR
INTERNET BACKBONE SERVICE- Section 271 of the Communications Act of 1934 (47
U.S.C. 271), as amended by subsection (b), is amended by adding at the end the
following:
- `(l) APPLICATION PREREQUISITE TO PROVIDING HIGH SPEED DATA SERVICE OR
INTERNET BACKBONE SERVICE-
- `(1) REQUIREMENT TO FILE APPLICATION WITH ATTORNEY GENERAL OF THE UNITED
STATES- Neither a Bell operating company, nor any affiliate of a Bell
operating company, may begin providing high speed data service or Internet
backbone service in any in-region State under the authority of subsection
(g)(7)–
- `(A) unless it files with the Attorney General of the United States an
application to provide such service; and
- `(B) until the Attorney General —
- `(i) approves such application before the expiration of the 90-day
period beginning on the date such application is filed; or
- `(ii) fails to approve or to disapprove such application during such
90-day period.
- `(2) AUTHORITY OF ATTORNEY GENERAL- The Attorney General of the United
States–
- `(A) may issue rules to establish requirements applicable to the form
and contents of applications filed under paragraph (1);
- `(B) may make recommendations to an applicant regarding–
- `(i) withdrawal of an application filed under paragraph (1);
or
- `(ii) filing of an application under paragraph (1), with or without
modifications, subsequent to the withdrawal of an application filed
under such paragraph; and
- `(C) may not approve an application filed in compliance with this
subsection unless the Attorney General determines that the applicant has
demonstrated that it meets the substantive requirements of subsections (c)
and (d) with respect to high speed data service or Internet backbone
service in the State for which such application is filed.
- `(3) WITHDRAWAL OF APPLICATION- An application filed under paragraph (1)
may be withdrawn by the applicant at any time before the Attorney General
approves or disapproves such application, but may not be modified after
being filed.’.
- [Struck out->]
(c)
[<-Struck out] (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.
- (e) CONTINUED FULL APPLICATION OF THE ANTITRUST LAWS TO MATTERS INVOLVED
IN THE TELECOMMUNICATIONS INDUSTRY- Section 601(b) of the Telecommunications
Act of 1996 (47 U.S.C. 152 note) is amended by adding at the end the
following:
- `(4) CONTINUING OPERATION OF THE ANTITRUST LAWS- The rights,
obligations, powers, and remedies provided under the antitrust laws are in
addition to, and are–
- `(A) not preempted by;
- `(B) not inconsistent with; and
- `(C) not incompatible with;
- any of the rights, obligations, powers, and remedies provided under the
Communications Act of 1934 (47 U.S.C. 151 et seq.), under this Act, or under
any law amended by either such Act, regardless of the progress of
competition in any market.’.
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.
Union Calendar No. 54
To deregulate the Internet and high speed data services, and for other
purposes.
Judiciary, committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed