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[DMCA-Activists] Latest Draft of BITS Bill
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From: |
Seth Johnson |
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Subject: |
[DMCA-Activists] Latest Draft of BITS Bill |
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Date: |
Thu, 10 Nov 2005 16:10:19 -0800 |
(Very raw text extract attached. -- Seth)
-------- Original Message --------
Subject: [IP] Latest draft of Internet regulation bill
Date: Wed, 9 Nov 2005 11:21:44 -0500
From: David Farber <address@hidden>
Reply-To: address@hidden
To: address@hidden
Begin forwarded message:
From: Brett Glass <address@hidden>
Date: November 9, 2005 10:43:40 AM EST
To: Dave Farber <address@hidden>
Subject: Latest draft of Internet regulation bill
Dave:
For IP, if you will (and I think that many of the readers of the
list will be interested). Here's the latest draft of the
Internet regulation bill, dated November 3rd. Note that, like
earlier versions, it subjects all ISPs and VoIP providers to
intensive Federal regulation and requires them to register
before providing service. It also pre-empts state and local
control over rights of way. For the draft text, see
http://energycommerce.house.gov/108/news/11032005_Broadband.pdf
--Brett Glass
-------------------------------------
Archives at:
http://www.interesting-people.org/archives/interesting-people/
> http://energycommerce.house.gov/108/news/11032005_Broadband.pdf
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[DISCUSSION DRAFT]
109TH CONGRESS
1ST SESSION H. R. .
To [purpose to be supplied]
IN THE HOUSE OF REPRESENTATIVES
M. . introduced the following bill; which was referred to the
Committee on .
A BILL
To [purpose to be supplied]
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.This Act may be cited as the
5 Act of 2005.
6 (b) TABLE OF CONTENTS.
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE IBROADBAND INTERNET TRANSMISSION SERVICES
Sec. 101. Jurisdiction.
Sec. 102. Registration of BITS providers.
Sec. 103. Interconnection and exchange of traffic.
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2
Sec. 104. Access to BITS.
Sec. 105. Rights with respect to telecommunications services and special access
tariffs.
Sec. 106. Coordination for interconnectivity.
TITLE IIVOIP SERVICES
Sec. 201. Jurisdiction.
Sec. 202. Registration of VOIP service providers.
Sec. 203. Exchange of traffic.
Sec. 204. Emergency services.
Sec. 205. Revision of universal service requirements.
Sec. 206. Number portability and access to numbers.
Sec. 207. Provision of relay service.
TITLE IIIVIDEO SERVICES
Sec. 301. Jurisdiction.
Sec. 302. Registration of broadband video service providers.
Sec. 303. Broadband video service franchising.
Sec. 304. Application of video regulations to broadband video service providers.
Sec. 305. Implementation.
TITLE IVGENERAL PROVISIONS
Sec. 401. Regulations.
Sec. 402. Registration statements.
Sec. 403. National consumer protection standards.
Sec. 404. Protection of consumer privacy.
Sec. 405. Access by persons with disabilities.
Sec. 406. Management of rights-of-way.
Sec. 407. Access to poles, ducts, conduits, and rights-of-way.
Sec. 408. Standard setting.
Sec. 409. Government authority to provide services.
Sec. 410. Preservation of existing laws.
Sec. 411. Complaints to the Commission.
Sec. 412. Commission authority over documents.
Sec. 413. Revocation of registration.
Sec. 414. Additional remedies.
1 SEC. 2. DEFINITIONS.
2 (a) TERMS.For purposes of this Act:
3 (1) BIT.The term BIT or broadband
4 Internet transmission means the transmission of
5 information in a packet-based protocol, including
6 TCP/IP protocol or a successor protocol, regardless
7 of the facilities used.
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(2) BIT PROVIDER.The term BIT provider
means any person who provides or offers to provide
BIT, either directly or through an affiliate.
(3) BITS.The term BITS or broadbandInternet transmission service
(A) means a packet-switched transmissionservice that is offered to the public,
or to such
classes of users as to be effectively available directly
to the public, with or without a fee, and
that, regardless of the facilities used, transmits
packetized information to or from a subscriber
in a packet-based protocol, including TCP/IP or
a successor protocol;
(B) includes any features, functions, andcapabilities, as well as any
associated
packetized facilities, network equipment, and
electronics, used to transmit or route packetized
information in a packet-based protocol;
(C) may include Internet access services;
(D) does not include any time divisionmultiplexing features, functions, and
capabilities;
and
(E) may be included or offered with, butshall not be treated as subsumed in or
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subsuming, VOIP service or broadband video
service.
(4) BITS PROVIDER.The term BITS provider
means any person who provides or offers to
provide BITS, either directly or through an affiliate,
over facilities the service provider or its affiliate
owns or controls.
(5) BROADBAND VIDEO SERVICE.The term
broadband video service means a two-way service
that
(A) is offered, with or without a fee, to thepublic or to such classes of users
as to be effectively
available to the public, regardless of the
facilities used;
(B) is offered in a manner that enablessubscribers to integrate
(i) a video programming package,
with
(ii) customizable, interactive voice anddata features, functions, or
capabilities,
which may include caller identification, call
management, and the ability to access information
derived from the Internet; and
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(C) may be included or offered with, butshall not be treated as subsumed in or
subsuming, VOIP service or BITS.
(6) BROADBAND VIDEO SERVICE PROVIDER.
The term broadband video service provider means
any person who provides, or offers to provide, directly
or through an affiliate, a broadband video
service that is delivered directly to subscribers over
facilities the service provider or its affiliate owns or
controls.
(7) BUSINESS INFORMATION STATEMENT.The
term business information statement means, with
respect to any provider of a service under this Act,
a statement of
(A) the name under which the provider isdoing or intends to do business; and
(B) the location of the providers principalbusiness office, and the name,
address, and
telephone and fax number of its agent in the
State authorized to receive notice.
(8) FRANCHISE.The term franchise means
an authorization, or renewal thereof, that authorizes
under section 303 of this Act the operation of a
broadband video service in a local franchise area.
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(9) FRANCHISE FEE.The term franchise
fee
(A) includes any fee or assessment of anykind or nature, including (without
limitation)
cash, credits, property and in-kind contributions
(services or goods), imposed by a franchising
authority or other governmental entity on a
broadband video service, broadband video service
provider, or broadband video service subscriber,
or any combination thereof, solely because
of their status as such; and
(B) does not include
(i) any fee or assessment of generalapplicability (including any such fee or
assessment
imposed on utilities, cable operators,
BITS providers, and broadband video
service providers or their services, but not
including a fee or assessment which is unduly
discriminatory against broadband
video service providers or broadband video
service subscribers); or
(ii) the requirements or charges inci-
dental to the awarding or enforcing of the
franchise, including payments for bonds,
security funds, letters of credit, insurance,
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indemnification, penalties, or liquidated
damages.
(10) ILEC.The term incumbent local ex-
change carrier has the meaning provided by section
251(h) of the 1934 Act (47 U.S.C. 251(h)).
(11) LOCAL FRANCHISE AREA.The term
local franchise area means the area within the jurisdiction
of a local franchising authority.
(12) LOCAL FRANCHISING AUTHORITY.The
term local franchising authority means any governmental
entity that is empowered by Federal,
State, or local law to grant a franchise within the
meaning of section 602(9) of the 1934 Act (47
U.S.C. 522), and without regard to the definition offranchise in this section.
(13) NECESSARY E911 INFRASTRUCTURE.
The term necessary E911 infrastructure means
the selective routers, selective router databases,
automatic location information databases, master
street address guides, trunk lines between selective
routers and PSAPs, trunk lines between automatic
location information databases and PSAPs, and
other 911 and E911 equipment, facilities, databases,
interfaces, and related capabilities specified
by the Commission.
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(14) PACKET-SWITCHED TRANSMISSION SERV-
ICE.The term packet-switched transmission
service
(A) means a service that routes or for-
wards packets, frames, cells, or other data units
based on the identification, address, or other
routing information contained in the packets,
frames, cells, or other data units; but
(B) does not include circuit-switched for-
warding of packetized information.
(15) PACKETIZED.The term packetized
means the segmentation of information into packets,
cells, frames, or other data units for transmission
over a network.
(16) PSAP.The term PSAP means a facil-
ity that has been designated to receive emergency
calls and route them to emergency service personnel.
(17) SUBSCRIBER.The term subscriber
means any person who is an end user of, and who
consumes, goods or services, whether provided for a
fee, in exchange for an explicit benefit, or for free.
(18) TCP/IP PROTOCOL.The term TCP/IP
protocol refers to the family of Internet networking
protocols that enable the exchange of data across
interconnected networks.
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(19) VIDEO PROGRAMMING PACKAGE.The
term video programming package means the offering
of a package of video programming, as such
term is defined in section 602 of the 1934 Act,
whether transmitted in a one-way or two-way manner.
(20) VOICE COMMUNICATIONS.The term
voice communications means the two-way, realtime
transmission of voice conversation, regardless
of the facilities and protocol used to transmit the
voice conversation.
(21) VOIP SERVICE.The term VOIP
service
(A) means a voice communications serviceprovided over BITS that
(i) is offered with or without a fee tothe public, or to such classes of users
as to
be effectively available directly to the public,
regardless of the facilities used;
(ii) enables a subscriber to send or re-
ceive voice communications in TCP/IP protocol
or a successor protocol to or from
any subscriber with
(I) a telephone number under theNorth American Numbering Plan; or
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(II) such other identification
method as is designated by the Commission
to be a significant alternative
or successor to such Plan; and
(iii) assigns to the subscriber such anumber or other identification method;
(B) may include integrated, enhanced fea-
tures, functions, and capabilities; and
(C) may be included or offered with, butshall not be treated as subsumed in or
subsuming, BITS or broadband video service.
(22) VOIP SERVICE PROVIDER.The term
VOIP service provider means any person who provides
or offers to provide a VOIP service, either directly
or through an affiliate.
(23) 1934 ACT.The term 1934 Act means
the Communications Act of 1934 (47 U.S.C. 151 et
seq.).
(24) 911 SERVICE.
(A) 911.The term 911 means a serv-
ice that allows a user, by dialing the three-digit
code 911, to call a geographically appropriate
PSAP operated by a State, local government,
Indian tribe, or authorized entity.
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(B) E911.The term E911 means a
911 service that automatically delivers the 911
call to the geographically appropriate PSAP,
and provides automatic identification data, including
the originating number of an emergency
call, the physical location of the caller, and the
capability for the PSAP to call the user back if
the call is disconnected.
(b) COMMON TERMINOLOGY.Except as otherwise
provided in subsection (a), terms used in this Act have
the meanings provided under section 3 of the 1934 Act
(47 U.S.C. 153) and section 602 of the 1934 Act (47
U.S.C. 522).
TITLE IBROADBAND INTERNET
TRANSMISSION SERVICES
SEC. 101. JURISDICTION.
(a) IN GENERAL.Except as expressly provided in
this Act, and notwithstanding the 1934 Act (47 U.S.C.
151 et seq.) or any other provision of law, neither the
Commission nor any State or political subdivision thereof
may establish or enforce any law, rule, regulation, or other
provision having the force of law that
(1) regulates, or requires the approval by theCommission or such State or
subdivision of, the
rates, charges, terms, or conditions for, or entry into
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the provision of, any broadband Internet transmission
service; or
(2) imposes any such regulation or requirementon any BITS provider that is
registered under section
102 of this Act.
(b) EXCLUSIVE FEDERAL JURISDICTION.
Broadband Internet transmission services are interstate
services and are subject to exclusive Federal jurisdiction,
except as otherwise expressly provided in this Act.
(c) SPECTRUM AUTHORITY.Notwithstanding subsection
(a), this Act does not affect the authority of the
Commission under title III of the 1934 Act (47 U.S.C.
301 et seq.) with respect to the licensing of radio communications,
except as expressly provided by this Act.
SEC. 102. REGISTRATION OF BITS PROVIDERS.
(a) REGISTRATION REQUIRED.Any BITS provider
offering BITS in any State shall file a registration statement
in accordance with section 402 of this Act with the
Commission, and file a complete copy of such statement
with the State commission of such State.
(b) TIME FOR FILING.A BITS provider shall file
the registration statement required by this section within
30 days after commencing to offer BITS in such State,
or within 30 days after the Commission prescribes the
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form required by section 402 of this Act, whichever is
later.
(c) SUBSTANTIVE AMENDMENTS.A BITS provider
shall file any substantive amendments to its registration
statement within such time period as the Commission shall
prescribe by regulation.
(d) ACCESS TO RIGHTS-OF-WAY.Subject to section
406 of this Act, registration as a BITS provider under
this section with respect to any State shall be deemed to
authorize the construction and operation of BITS over
public rights-of-way, and through easements that have
been dedicated for compatible uses, in such State.
(e) REGULATIONS.The Commission shall prescribe
such regulations as are necessary to implement this section.
SEC. 103. INTERCONNECTION AND EXCHANGE OF TRAFFIC.
(a) RIGHTS AND DUTIES.Each BITS provider has
the right and duty to interconnect and exchange traffic,
directly or indirectly, with other BITS providers, BIT providers,
and telecommunications carriers.
(b) NEGOTIATION.The rates, terms, and conditions
of such interconnection and exchange of traffic shall be
negotiated by the parties, subject to the remedies provided
by this Act.
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SEC. 104. ACCESS TO BITS.
(a) DUTIES OF PROVIDERS.Subject to subsection
(b), each BITS provider has the duty
(1) not to block, impair, or interfere with theoffering of, access to, or the
use of any lawful content,
application, or service provided over the Internet;
(2) to permit subscribers to connect and use de-
vices of their choosing in connection with BITS, including
computers, home-networking equipment, and
televisions; and
(3) not to install network features, functions, orcapabilities that do not
comply with the guidelines
and standards established pursuant to section 106 of
this Act.
(b) PRESERVED AUTHORITIES.Notwithstanding
paragraphs (1) and (2) of subsection (a), a BITS provider
is permitted to
(1) offer service plans to subscribers
(A) that involve varied and reasonablebandwidth or network capacity
limitations, so
long as subscribers are provided clear and accurate
advance notice of the maximum and minimum
levels of bandwidth or network capacity;
or
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(B) that include value-added consumerprotection services (including software
for the
prevention of unsolicited commercial electronic
messages, parental controls, or other similar capabilities),
so long as subscribers are provided
clear and accurate advance notice of the sub-
scribers ability to refuse or disable any such
value-added consumer protection capabilities;
(2) take reasonable measures to
(A) protect the security and reliability ofits network and broadband Internet
transmission
services; or
(B) prevent theft of BITS or other unlaw-
ful conduct; or
(3) carry or offer a broadband video service orany other service that provides
enhanced quality of
service to subscribers through the BITS providers
utilization of network and routing management or
customized hardware, except that such carrying or
offering of such services
(A) may not block, or unreasonably impairor interfere with, the offering of,
access to, or
the use of any lawful content, application, or
service provided over the Internet; and
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(B) may not unreasonably restrict theright of subscribers under subsection
(a)(2) to
connect and use devices.
SEC. 105. RIGHTS WITH RESPECT TO TELECOMMUNI-
CATIONS SERVICES AND SPECIAL ACCESS
TARIFFS.
(a) ACCESS AND COLOCATION.A telecommunication
carriers rights under paragraphs (3) and (6) of
section 251(c) of the 1934 Act shall not, with respect to
a request by that carrier for the purpose of providing a
telecommunications service, be affected by such carriers
status as a BITS provider or BIT provider under this Act.
(b) SPECIAL ACCESS TARIFFS.No persons rights
to or under any special access tariff shall be affected
(1) by such persons status as a BITS provideror BIT provider under this Act;
or
(2) by the status of such persons provider ofspecial access as a BITS provider
or BIT provider
under this Act.
SEC. 106. COORDINATION FOR INTERCONNECTIVITY.
The Commission may participate in the development
by appropriate industry standards-setting organizations of
BITS network interconnectivity standards that promote
interconnection with
(1) BIT and BITS networks; and
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(2) network capabilities and services by individ-
uals with disabilities.
TITLE IIVOIP SERVICES
SEC. 201. JURISDICTION.
(a) IN GENERAL.Except as expressly provided in
this Act, and notwithstanding the 1934 Act (47 U.S.C.
151 et seq.) or any other provision of law, neither the
Commission nor any State or political subdivision thereof
may establish or enforce any law, rule, regulation, or other
provision having the force of law that
(1) regulates, or requires the approval by theCommission or such State or
subdivision of, the
rates, charges, terms, or conditions for, or entry into
the provision of, any VOIP service; or
(2) imposes any such regulation or requirementon any VOIP service provider that
is registered
under section 202 of this Act.
(b) EXCLUSIVE INTERSTATE JURISDICTION.VOIP
services are interstate services and are subject to exclusive
Federal jurisdiction, except as otherwise expressly provided
in this Act.
SEC. 202. REGISTRATION OF VOIP SERVICE PROVIDERS.
(a) REGISTRATION REQUIRED.Any VOIP service
provider offering VOIP service in any State shall file a
registration statement in accordance with section 402 of
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this Act with the Commission, and file a complete copy
of such statement with the State commission of such
State.
(b) TIME FOR FILING.A VOIP service provider
shall file the registration statement required by this section
within 30 days after commencing to offer VOIP service
in such State, or within 30 days after the Commission
prescribes the form required by section 402 of this Act,
whichever is later.
(c) SUBSTANTIVE AMENDMENTS.A VOIP service
provider shall file any substantive amendments to its registration
statement within such time period as the Commission
shall prescribe by regulation.
(d) REGULATIONS.The Commission shall prescribe
such regulations as are necessary to implement this section.
SEC. 203. EXCHANGE OF TRAFFIC.
(a) EXCHANGE OF TRAFFIC REQUIRED.Each
VOIP service provider shall have the right and duty to
exchange voice communications traffic, directly or indirectly,
with other VOIP service providers and telecommunications
carriers.
(b) NEGOTIATION.The rates, terms, and conditions
of such exchange of traffic shall be negotiated by the parties,
subject to the remedies provided by this Act.
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SEC. 204. EMERGENCY SERVICES.
(a) 911 AND E911 SERVICES.
(1) IN GENERAL.Each VOIP provider has a
duty to ensure that
(A) unless the provider is a receive-onlyprovider, 911 services are provided to
subscribers
of VOIP services in accordance with
regulations prescribed by the Commission; and
(B) if the provider is a send-and-receiveprovider, 911 and E911 services are
provided
to subscribers of VOIP services in accordance
with regulations prescribed by the Commission.
(2) USE OF EXISTING REGULATIONS.Until revised
by the Commission, the Commissions regulations
that apply to a VOIP services provider and
that are in effect on the date of enactment of this
Act shall be considered to be the regulations prescribed
under paragraph (1), and a VOIP service
provider that complies with such regulations shall be
considered to be in compliance with the requirements
of this section.
(b) NON-DISCRIMINATORY ACCESS TO CAPABILI-
TIES.Each entity with ownership or control of the necessary
E911 infrastructure shall provide any requesting
VOIP service provider with nondiscriminatory access to
such infrastructure. Such entity shall provide access to the
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infrastructure at just and reasonable, nondiscriminatory
rates, terms, and conditions as determined by the Commission.
In determining such access terms and conditions,
the Commission shall take into consideration appropriate
industry standards established by applicable industry
standard-setting organizations.
(c) STATE AUTHORITY.Nothing in this Act, the
1934 Act, or any Commission regulation or order shall
prevent the imposition on or collection from a VOIP service
provider, of any fee or charge specifically designated
or presented as dedicated by a State, political subdivision
thereof, or Indian tribe on an equitable, and non-discrimi-
natory basis for the support of 911 and E911 services
if no portion of the revenue derived from such fee or
charge is obligated or expended for any purpose other than
support of 911 and E911 services or enhancements of
such services.
(d) FEASIBILITY.In establishing requirements or
obligations under subsections (a) and (b), the Commission
shall ensure that such standards impose requirements or
obligations on providers of VOIP service and entities with
ownership or control of necessary E911 infrastructure
that the Commission determines are technologically and
operationally feasible. In determining the requirements
and obligations that are technologically and operationally
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feasible, the Commission shall take into consideration
available industry technological and operational standards.
(e) SUBSCRIBER NOTICE.A receive-only provider of
VOIP services and any other VOIP service provider that
is determined by the Commission to not be technologically
capable of providing 911 or E911 service shall provide
a clear and conspicuous notice of the unavailability of such
service to each subscriber at the time of entering into a
service agreement for VOIP service with that subscriber.
(f) PROGRESS REPORTS.To the extent that the
Commission concludes that it is not technologically and
operationally feasible for VOIP service providers to comply
with E911 requirements or obligations, then the Commission
shall submit reports to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate on the progress in attaining and deploying E
911 service. Such reports shall be submitted semiannually
until the Commission concludes that it is technologically
and operationally feasible for all VOIP service providers
to comply with E911 requirements and obligations. Such
reports may include any recommendations the Commission
considers appropriate to encourage the migration of emergency
services to TCP/IP protocol or other advanced services.
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(g) ACCESS TO INFORMATION.The Commission
shall have the authority to compile a list of PSAP contact
information, testing procedures, and classes and types of
services supported by PSAPs, or other information concerning
the necessary E911 infrastructure, for the purpose
of assisting providers in complying with the requirements
of this section.
(h) DEFINITIONS.For purposes of this section:
(1) RECEIVE-ONLY PROVIDER.The term re-
ceive-only provider means a VOIP provider that enables
a subscriber to receive voice communications in
TCP/IP protocol or a successor protocol from, but
not to send to such communications to
(A) a telephone number under the NorthAmerican Numbering Plan; or
(B) such other identification method as isdesignated by the Commission to be a
significant
alternative or successor to such Plan.
(2) SEND-AND-RECEIVE PROVIDER.The term
send-and-recieve provider means a VOIP provider
that directly or indirectly enables a subscriber to
both send and receive voice communications in TCP/
IP protocol or a successor protocol to and from any
subscriber with such a telephone number or other
identification method.
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SEC. 205. REVISION OF UNIVERSAL SERVICE REQUIRE-
MENTS.
(a) INQUIRY REQUIRED.Within one month after
the date of enactment of this Act, the Commission shall
initiate an inquiry to determine if, as subscribers migrate
from telecommunications services to VOIP services, the
contribution base used to support universal service should
be expanded to include VOIP service providers to ensure
that contributions to the universal service support mechanisms
are being made in an equitable and nondiscriminatory
manner. The Commission shall complete such inquiry
within 180 days after such date of enactment.
(b) COMMISSION RULEMAKING.If at the conclusion
of such inquiry the Commission determines that the contribution
base must be expanded to ensure that contributions
to the universal service support mechanisms are equitable
and nondiscriminatory, the Commission shall conduct
a proceeding, in consultation with the Federal-State
Joint Board on Universal Service, to revise the universal
service support mechanisms to impose contribution requirements
on VOIP service providers that are equitable
and nondiscriminatory, and that are specific, predictable,
and sufficient to achieve the purposes of universal service.
(c) DEADLINE.If the Commission initiates a rulemaking
under subsection (b), the Commission shall implement
changes to its universal service support mechanism
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regulations within 180 days after the conclusion of the inquiry
required by subsection (a).
SEC. 206. NUMBER PORTABILITY AND ACCESS TO NUM-
BERS.
(a) NUMBER PORTABILITY.Each VOIP service provider
has the duty to provide, to the extent technically feasible,
number portability in accordance with regulations
prescribed by the Commission. The Commission shall by
regulation accord to each VOIP service provider the same
rights regarding number portability as those accorded to
telecommunications carriers under section 251.
(b) ACCESS TO NUMBERS.The Commission shall
make available, on an equitable basis, telephone numbers
under the North American Numbering Plan to each VOIP
service provider that complies with the regulations prescribed
by the Commission regarding numbering resource
optimization and portability with which telecommunications
carriers must comply.
SEC. 207. PROVISION OF RELAY SERVICE.
(a) AVAILABILITY OF RELAY SERVICES.The Commission
shall ensure that relay services are available to
VOIP service subscribers who have a hearing or speech
disability, to the extent possible and in the most efficient
manner.
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(b) PROVISION OF SERVICES.A VOIP service provider
shall, not later than 18 months after the date of
enactment of this Act, provide relay services throughout
the area in which it offers VOIP service, either individually,
through a competitively selected vendor, or in concert
with other service providers, in accordance with regulations
prescribed by the Commission under this section.
Each provider of relay services has the duty not to restrict
users of text, voice, video, or other relay services to a single
relay provider, either contractually or technically.
(c) RULEMAKING.Within 6 months after the date
of enactment of this Act, the Commission shall prescribe
regulations to implement this section. With respect to
relay services relied upon by VOIP service providers to
meet the requirements of this section, such regulations
shall
(1) establish functional requirements, guide-
lines, and operating procedures for such relay services;
(2) establish minimum standards for such relayservices;
(3) require that such relay services operateevery day, for 24 hours per day;
(4) ensure that users of such relay services payno more than functionally
equivalent services;
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(5) prohibit operators of such relay servicesfrom refusing, limiting, or
unreasonably restraining
calls;
(6) prohibit operators of such relay servicesfrom disclosing the content of any
relayed conversation;
(7) prohibit operators of such relay servicesfrom intentionally altering a
relayed conversation;
and
(8) develop enforcement and expedited com-
plaint procedures.
(d) TECHNOLOGY.The Commission shall ensure
that regulations prescribed to implement this section encourage
the use of new technology and do not discourage
or impair the development of improved technology.
(e) SAVINGS CLAUSE.Nothing in this Act shall affect
the authority of a State to continue a State-operated
relay program that is certified under section 225(f) of the
1934 Act, regardless of the method of relay transmission.
(f) DEFINITION.For purposes of this section, the
term relay service means a transmission service that
provides the ability for an individual who has a hearing
or speech disability to engage in text, voice, or video communication
by wire or radio with other individuals in a
manner that is functionally equivalent to the ability of an
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individual who does not have a hearing or speech disability
to communicate using voice communication services by
wire or radio.
TITLE IIIVIDEO SERVICES
SEC. 301. JURISDICTION.
(a) IN GENERAL.Except as expressly provided in
this Act, and notwithstanding the Communications Act of
1934 (47 U.S.C. 151 et seq.) or any other provision of
law, neither the Commission nor any State or political subdivision
thereof may establish or enforce any law, rule,
regulation, or other provision having the force of law
that
(1) regulates, or requires the approval by theCommission or such State or
subdivision of, the
rates, charges, terms, or conditions for, or entry into
the provision of, any broadband video service; or
(2) imposes any such regulation or requirementon any broadband video service
provider that is registered
under section 302 of this Act.
(b) EXCLUSIVE FEDERAL JURISDICTION.
Broadband video services are interstate services and are
subject to exclusive Federal jurisdiction, except as otherwise
expressly provided in this Act.
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SEC. 302. REGISTRATION OF BROADBAND VIDEO SERVICE
PROVIDERS.
(a) FEDERAL AND STATE REGISTRATION.
(1) REGISTRATION REQUIRED.Before providing
broadband video service in any local franchise
area or other area in any State, a broadband video
service provider shall
(A) file a registration statement in accord-
ance with section 402 of this Act, if not previously
registered with the Commission; or
(B) file an amendment to such registrationstatement containing the information
required
with respect to the broadband video service by
such provider in such local franchise area or
other area, if previously registered with the
Commission.
(2) NOTICE TO LOCAL FRANCHISE AUTHOR-
ITY.At the time of filing any registration statement
or amendment that proposes the commencement
of, or changes in the information relating to,
service in any local franchise area within a State,
the broadband video service provider filing such
statement or amendment shall transmit notice of
such filing to the local franchise authority for such
area.
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(b) REGULATIONS.The Commission shall prescribe
such regulations as are necessary to implement this section.
SEC. 303. BROADBAND VIDEO SERVICE FRANCHISING.
(a) COMMENCEMENT OF FRANCHISE.A broadband
video service providers franchise with respect to a local
franchise area or other area in a State shall be deemed
to commence once
(1) the registration statement or amendmentpertaining to the commencement of
broadband video
service in a local franchise area or other area in a
State are effective under section 402 of this Act
with respect to such local franchise area or such
other area;
(2) the broadband video service provider hastransmitted the notice required by
section 302(a)(2)
of this Act; and
(3) the broadband video service provider hasdesignated an agent with respect to
such local franchise
area or such other area.
(b) DURATION AND RENEWAL OF FRANCHISE.The
Commission shall by regulation
(1) set a uniform term of duration for
broadband video service provider franchises under
this section; and
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(2) provide that such a franchise shall be re-
newed automatically upon the expiration of such
term unless the Commission revokes the broadband
video service providers registration under section
413 of this Act.
(c) TRANSITION.If a broadband video service provider
was providing a broadband video service in a local
franchise area or other area prior to the date of enactment
of this Act, the Commission shall provide a reasonable
time period for such provider to make the filings required
by section 302 of this Act, and the franchise with respect
to such local franchise area or such other area shall be
deemed to be in effect during such time period.
(d) FRANCHISE FEE.
(1) ASSESSMENT BY LOCAL FRANCHISING AU-
THORITY PERMITTED.A local franchising authority
may collect a franchise fee from a broadband video
service provider for the provision of broadband video
service within the local franchise area of such authority.
(2) AMOUNT.For any 12-month period, such
franchise fee shall not exceed 5 percent of such
broadband video service providers gross revenues
derived in such period from the provision of
broadband video service to subscribers in such local
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franchise area. Nothing in this subsection shall prohibit
a local franchising authority from requiring
that the franchise fee which lawfully could be collected
for any such 12-month period shall be paid on
a prepaid or deferred basis, except that the sum of
payments made during the term of the franchise
may not exceed the amount, including the time value
of money, which would have lawfully been collected
if such fee had been paid per year.
(3) DEFINITION OF GROSS REVENUES.For
purposes of this subsection, the term gross revenues
means all consideration of any kind or nature,
including (without limitation) cash, credits, property,
and in-kind contributions (services or goods) collected
from the subscriber and attributable to the
video programming package provided by the
broadband video service provider as part of the
broadband video service in such local franchising
area, but does not include
(A) any revenue not actually received, evenif billed, such as bad debt; or
(B) refunds, rebates, or discounts to sub-
scribers, public institutions, or governmental
entities.
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(e) ACCESS TO RIGHTS-OF-WAYS AND EASE-
MENTS.Subject to section 406 of this Act, any franchise
under this section shall be deemed to authorize the construction
and operation, over public rights-of-way and
through easements that have been dedicated for compatible
uses, of a broadband video service within the area to
be served by the broadband video service provider.
(f) REGULATIONS.The Commission shall prescribe
such regulations as are necessary to implement this section.
SEC. 304. APPLICATION OF VIDEO REGULATIONS TO
BROADBAND VIDEO SERVICE PROVIDERS.
(a) COMPARABLE REQUIREMENTS AND OBLIGA-
TIONS.
(1) PROMULGATION OF REGULATIONS.Within
one year after the date of enactment of this Act, the
Commission shall complete all actions necessary (including
any reconsideration) to adopt for broadband
video service providers comparable regulations as
apply to multichannel video programming distributors
under the following provisions:
(A) PROGRAM RATINGS.Section
303(w)(2) (47 U.S.C. 303(w)(2)).
(B) FACILITIES FOR CANDIDATES FOR
PUBLIC OFFICE.Section 315 (47 U.S.C. 315).
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(C) ANNOUNCEMENTS WITH RESPECT TO
CERTAIN MATTER BROADCAST AND DISCLOSURE
OF CERTAIN PAYMENTS.Sections 317 (47
U.S.C. 317) and 507 (47 U.S.C. 507).
(D) RETRANSMISSION.Section 325 (47
U.S.C. 325), and the following provisions ofCommission regulations: 47 CFR
76.54 (significantly
viewed signals) and 47 CFR 76.92
76.111 (network non-duplication, syndicated exclusivity,
and sports blackout).
(E) OWNERSHIP.Subsections (c), (f),
and (h) of section 613 (47 U.S.C. 533(c), (f),
(h)).
(F) CARRIAGE OF LOCAL COMMERCIAL
AND NONCOMMERCIAL EDUCATIONAL TELE-
VISION SIGNALS.Sections 614 and 615 (47
U.S.C. 534, 535).
(G) BASIC TIER.Paragraphs (7) and (8)
of section 623(b) (47 U.S.C. 543(b)(7), (8)),
except that rates for the basic tier shall not be
regulated.
(H) BLOCKING AND SCRAMBLING OF
CHANNELS.Sections 624(d)(2) (47 U.S.C.
544(d)(2)) and 640 (47 U.S.C. 560).
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(I) EMERGENCY ALERTS.Section 624(g)
(47 U.S.C. 544(g)).
(J) CONSUMER ELECTRONICS EQUIPMENT
COMPATIBILITY AND COMPETITIVE AVAIL-
ABILITY OF NAVIGATION DEVICES.Sections
624A (47 U.S.C. 544a) and 629 (47 U.S.C.
549).
(K) DEVELOPMENT OF COMPETITION AND
DIVERSITY IN VIDEO PROGRAMMING DISTRIBU-
TION.Section 628 (47 U.S.C. 548).
(L) EQUAL EMPLOYMENT OPPORTUNITY.
Section 634 (47 U.S.C. 554).
(M) CLOSED CAPTIONING.Sections 711
(47 U.S.C. 611) and 713 (47 U.S.C. 613).
(2) QUADRENNIAL REVIEW.Every 4 years
after date of enactment of this Act, the Commission
shall eliminate any regulations created under paragraph
(1) to the extent that the Commission determines
that such regulations are no longer necessary
as the result of meaningful economic competition.
(b) PUBLIC, EDUCATIONAL, OR GOVERNMENTAL
USE.
(1) REQUIREMENTS.
(A) COMPARABILITY.A local franchising
authority may designate broadband video serv-
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ice provider capacity for public, educational, or
governmental use in the local franchising area,
so long as such use is comparable to the obligations
the local franchising authority applies
(i) to any cable operator in such localfranchising area under section 611 of
the
1934 Act (47 U.S.C. 531); and
(ii) to any other broadband video serv-
ice provider in such area.
(B) LACK OF OTHER PROVIDERS.The
Commission shall provide by regulation for the
designation of capacity in a local franchising
area in which neither a cable operator nor another
broadband video service provider are subject
to obligations concerning public, educational,
or governmental use.
(C) PRODUCTION AND TRANSMISSION OF
PROGRAMMING.
(i) The production of any program-
ming provided under this subsection shall
be the responsibility of the local franchising
authority or its designee.
(ii) The broadband video service pro-
vider shall be responsible for the transmission
of any programming provided
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under this subsection between the primary
signal origination point of the programming
and the broadband video service pro-
viders subscribers.
(iii) A broadband video service pro-
vider shall be entitled to access to programming
carried by a cable operator or
another broadband video service provider
to the extent that the broadband video
service provider is carrying such programming
under this subsection.
(2) INSTITUTIONAL NETWORKS.A local franchising
authority may, under this subsection, designate
or use broadband video service provider capacity
for public, educational, or governmental use
on any broadband video service provider institutional
networks in the local franchising area, except that
the Commission shall not require, or allow States,
State commissions, or local franchising authorities to
require, the construction by broadband video service
providers of institutional networks. With respect to
a broadband video service provider that was a cable
operator, and that, as a condition of the cable franchise,
agreed to provide an institutional network, a
local franchising authority may require such pro-
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vider to continue to provide support for the provision
of public, educational, or governmental use.
(3) NO EDITORIAL CONTROL.Neither the
Commission nor the broadband video service provider
shall exercise any editorial control over any
public, educational, or governmental use provided
pursuant to this subsection.
(4) DEFINITION.For purposes of this subsection,
the term institutional network means a
communication network that is constructed or operated
by a cable operator or broadband video service
provider and that is generally available only to subscribers
who are not residential subscribers.
(c) REDLINING.The Commission shall ensure that
a broadband video service provider does not deny access
to its broadband video service to any group of potential
residential broadband video service subscribers because of
the income of that group. If the Commission determines
that a broadband video service provider has denied access
to its broadband video service to a group of potential residential
broadband video service subscribers because of the
income of that group, the Commission shall ensure that
the broadband video service provider extends access to
that group.
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(d) NAVIGATIONAL DEVICE NEUTRALITY.The
Commission shall by regulation prohibit a broadband video
service provider from omitting television broadcast stations,
public, educational, or governmental programs, or
other unaffiliated video programming services carried on
such system from any navigational device or guide.
SEC. 305. IMPLEMENTATION.
Within 90 days after the date of enactment of this
Act, the Commission shall complete all actions necessary
(including any reconsideration) to implement sections 302
and 303 of this Act.
TITLE IVGENERAL
PROVISIONS
SEC. 401. REGULATIONS.
(a) REGULATIONS AS NECESSARY TO IMPLEMENT.
The Commission shall have authority under this Act to
prescribe only such regulations as are expressly required
or expressly authorized by this Act.
(b) DEADLINE.Except as otherwise expressly provided
in this Act, the Commission shall take all actions
necessary (including any reconsideration) to prescribe the
regulations expressly required by this Act within 180 days
after the date of enactment of this Act.
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SEC. 402. REGISTRATION STATEMENTS.
(a) FEDERAL FORM.A registration statement
under section 102, 202, or 302 shall be in such form as
the Commission shall require by regulation and shall exclusively
contain
(1) a business information statement;
(2) a description of the business to be con-
ducted by the provider, including the State, local
franchise areas, or other areas to be served; and
(3) information required under a Federal lawother than this Act.
(b) EFFECTIVENESS OF REGISTRATION.
(1) IN GENERAL.Except as provided in paragraph
(2), a registration statement or amendment
thereto is effective upon filing.
(2) FAILURE TO SUPPLY INFORMATION.The
Commission may disapprove a registration statement
that fails to comply with subsection (a).
(c) PUBLIC AVAILABILITY OF REGISTRATION STATE-
MENTS.The Commission shall provide for the continuous
public availability on the Commissions Internet
website or other electronic facility of all registration statements,
and amendments thereto, filed under this Act.
(d) REGULATIONS.The Commission shall prescribe
such regulations as are necessary to implement this section.
Such regulations shall specify requirements for the
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timely correction of registration statements (as amended)
to reflect changes in information contained therein.
SEC. 403. NATIONAL CONSUMER PROTECTION STANDARDS.
(a) NATIONAL STANDARDS REQUIRED.The Commission
shall by regulation establish national consumer
protection standards with respect to BITS, VOIP services,
and broadband video services, individually or collectively.
Such standards shall
(1) require clear, conspicuous, and timely dis-
closure of rates, terms, and conditions of service
plans (and changes therein);
(2) prohibit charges for any service or equip-
ment that the subscriber has not affirmatively requested;
(3) require service providers to establish sub-
scriber dispute resolution mechanisms, including a
requirement that the service provider provide a costfree
domestic telephone mechanism for a subscriber
to initiate an inquiry or dispute; and
(4) protect consumers from unfair and decep-
tive practices.
(b) ADDITIONAL CONSUMER PROTECTION LAWS.
(1) TELEPHONE HARASSMENT.The prohibitions
contained in section 223(a) of the 1934 Act
(47 U.S.C. 223(a)) shall also apply to the use of any
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equipment used for the provision of BITS, VOIP
services, and broadband video services, except that
the penalties provided by such section shall not
apply under this section.
(2) RESTRICTIONS ON USE OF TELEPHONE
EQUIPMENT.The provisions of section 227 of the
1934 Act (47 U.S.C. 227) that apply to a telephone
call, a telephone solicitation, an automatic dialing
system, or an unsolicited advertisement or facsimile
advertisement shall apply to VOIP service and BITS
under this Act, and persons retain the same rights
and remedies for violations as permissible pursuant
to section 227 of the 1934 Act.
(3) PAY-PER-CALL SERVICES.The provisions
of section 228 of the 1934 Act (47 U.S.C. 228)
that
(A) relate to pay-per-call services shallapply to such services offered over
BITS, VOIP
service, or broadband video service; and
(B) impose requirements on common car-
riers shall apply to BITS providers and VOIP
providers.
(4) CAN-SPAM.The provisions of the regulations
under section 14 of the CAN-SPAM Act of
2003 (15 U.S.C. 7712) pertaining to unwanted mo-
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bile service messages shall apply to BITS providers
and VOIP service providers.
(5) AUTHORITY FOR THE COMMISSION TO PRE-
SCRIBE COMPARABLE REGULATIONS.The Commission
shall prescribe regulations to apply the provisions
referenced in paragraphs (1) through (4) to
providers of BITS, VOIP services, and broadband
video services in a manner comparable to their application
to common carriers.
(c) STATE ENFORCEMENT OF NATIONAL CONSUMER
PROTECTION STANDARDS.
(1) COMPLAINTS.Any person may file a complaint
with respect to a violation in a State of the
regulations prescribed under subsection (a)
(A) with the State commission of suchState under this subsection; or
(B) with the Commission under section411 of this Act.
(2) STATE ORDERS REQUIRING COMPLIANCE.
In a proceeding on such a complaint, a State commission
may issue an order requiring compliance
with any of such regulations prescribed by the Commission
under subsection (a), but a State commission
may not create any new standard, or expand
upon or modify the Commissions standards.
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(3) ACCESS TO RECORDS.The State commission
shall have authority to require the filing of any
contract, agreement, or arrangement between the
subscribe and the provider, or any other data, documents,
or records, directly related to the alleged violation.
(4) COMMISSION REMEDIES; APPEALS.Unless
appealed to the Commission, such an order of a
State commission shall be enforced by the Commission
under section 414 of this Act. Any such appeal
shall be resolved by the Commission within 30 days
after receipt of the appeal by the Commission. Pending
the conclusion of such an appeal, the person to
whom the State commission order was issued shall
comply with such order.
(5) COST OF STATE ORDERS.A State commission
may charge a provider of service under this Act
a nominal fee to cover the costs of issuing such orders.
SEC. 404. PROTECTION OF CONSUMER PRIVACY.
(a) CONSUMER NOTICE.At the time of entering
into an agreement to provide any service to a subscriber,
and at least once a year thereafter, a service provider
under this Act shall provide notice in the form of a sepa-
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rate, written statement to such subscriber which clearly
and conspicuously informs the subscriber of
(1) the nature of personally identifiable infor-
mation collected or to be collected with respect to
the subscriber and the nature of the use of such information;
(2) the nature, frequency, and purpose of anydisclosure which may be made of
such information,
including an identification of the types of persons to
whom the disclosure may be made;
(3) the period during which such informationwill be maintained by such service
provider;
(4) the times and place, or mechanism, bywhich the subscriber may have access
to such information
in accordance with subsection (d); and
(5) the limitations provided by this section withrespect to the collection and
disclosure of information
by service provider under this Act and the right
of the subscriber under subsection (e) to enforce
such limitations.
(b) RESTRICTIONS ON COLLECTION OF INFORMA-
TION.
(1) CONSENT REQUIRED.
(A) EXPRESS WRITTEN CONSENT RE-
QUIRED.Except as provided in paragraph (2),
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without the prior, express written or electronic
consent of the subscriber concerned
(i) a VOIP service provider shall notcollect personally identifiable
information
concerning any subscriber; and
(ii) a BIT provider, BITS provider, orbroadband video service provider shall
not
use any facilities used to provide any service
under this Act to collect personally
identifiable information concerning any
subscriber.
(B) SEPARATE AND DISTINCT FORM.
Such consent shall be in the form of an authorization
separate and distinct from any authorization
or agreement to receive any service from
the service provider under this Act.
(2) EXCEPTIONS.A service provider under
this Act may collect personally identifiable information
in order to
(A) obtain information necessary to ini-
tiate, render, bill, or collect for any service provided
by the service provider under this Act; or
(B) detect unauthorized use of such pro-
viders services.
(c) DISCLOSURE RESTRICTIONS.
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(1) CONSENT REQUIRED.
(A) OBLIGATION.Except as provided in
paragraph (2), a service provider under this
Act
(i) shall not disclose personally identi-
fiable information concerning any subscriber
without the prior, express written
or electronic consent of the subscriber concerned;
and
(ii) shall take such actions as are nec-
essary to prevent unauthorized access to
such information by a person other than
the subscriber or such provider.
(B) SEPARATE AND DISTINCT FORM.
Such consent shall be in the form of an authorization
separate and distinct from any authorization
or agreement to receive any service from
such provider.
(2) EXCEPTIONS.A service provider under
this Act may disclose such information if the disclosure
is
(A) necessary
(i) to initiate, render, bill, or collectfor any service provided by such
provider;
or
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(ii) to share with an affiliate per-
forming such functions on behalf of the
service provider, provided that the affiliate
does disclose the such information in violation
of paragraph (1);
(B) subject to subsection (f), made pursu-
ant to a court order authorizing such disclosure,
if the subscriber is notified of such order
by the person to whom the order is directed; or
(C) a disclosure of the names and address-
es of the subscriber to any service provided by
the service provider under this Act, if
(i) in the case of a portable VOIPprovider, such provider has received the
authorization described in paragraph (1);
(ii) in the case of any provider of anyother service under this Act, such
provider
has extended an opportunity to the subscriber
to object to such disclosure at any
time, and the subscriber has not objected;
and
(iii) the disclosure does not reveal, di-
rectly or indirectly
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(I) the nature or extent of anyuse by the subscriber of the service or
services provided by such provider; or
(II) the nature of any transactionmade by the subscriber using and
service provided by such provider.
(d) ACCESS BY SUBSCRIBER TO INFORMATION.A
subscriber shall be provided access to all personally identifiable
information regarding such subscriber which is collected
and maintained by the service provider under this
Act. Such information shall be made available to the subscriber
at reasonable times and at a convenient place designated
by such provider, or through a secure mechanism
by which the subscriber may access such information electronically.
A subscriber shall be provided a reasonable opportunity
to correct any errors in such information.
(e) RIGHTS AND REMEDIES.The provisions of subsections
(f) and (h) of section 631 of the 1934 Act that
apply to a cable operator shall apply to a provider of services
under this Act.
(f) DESTRUCTION OF INFORMATION.A service provider
under this Act shall destroy all personally identifiable
information collected if the information is no longer
necessary for the purpose for which it was collected and
there are no pending requests or orders for access to such
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information under subsection (d) or pursuant to court
order.
(g) PROTECTION OF CUSTOMER PROPRIETARY NET-
WORK INFORMATION.
(1) DUTY TO PROTECT INFORMATION.Every
service provider under this Act has a duty to protect
the confidentiality of proprietary information of, and
relating to, other service providers under this Act,
telecommunications carriers, equipment manufacturers,
and customers, including telecommunications
carriers reselling telecommunications services provided
by a telecommunications carrier.
(2) CONFIDENTIALITY OF PROVIDER INFORMA-
TION.A service provider under this Act that receives
or obtains proprietary information from another
service provider under this Act, or telecommunications
carrier for purposes of providing
any service shall use such information only for such
purpose, and shall not use such information for its
own marketing efforts.
(3) CONFIDENTIALITY OF CUSTOMER PROPRI-
ETARY NETWORK INFORMATION.
(A) PRIVACY REQUIREMENTS.Except as
required by law or with the prior, express authorization
of the customer, a service provider
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under this Act that receives or obtains customer
proprietary network information by virtue of its
provision of any service shall only use, disclose,
or permit access to individually identifiable customer
proprietary network information in its
provision of
(i) the service from which such infor-
mation is derived; or
(ii) services necessary to, or used in,
the provision of such service, including the
publishing of directories.
(B) DISCLOSURE.A service provider
under this Act shall disclose customer proprietary
network information, upon express written
or electronic request by the customer to any
person designated by the customer.
(C) AGGREGATE CUSTOMER INFORMA-
TION.A service provider under this Act that
receives or obtains customer proprietary network
information by virtue of its provision of
any service may use, disclose, or permit access
to aggregate customer information other than
for the purposes described in subparagraph (A)
only if it provides such aggregate data to other
service providers under this Act, and tele-
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communications carriers or persons upon reasonable
and nondiscriminatory terms and conditions
upon reasonable request therefor.
(4) GENERAL EXCEPTIONS.Nothing in this
section prohibits a service provider under this Act
from using, disclosing, or permitting access to customer
proprietary network information obtained
from its customers, either directly or indirectly
through its agents
(A) to initiate, render, bill, and collect forany service;
(B) to protect the rights or property of theservice provider under this Act, or
to protect
users of services provided by such provider or
other service providers under this Act, or telecommunications
carriers from fraudulent, abusive,
or unlawful use of, or subscription to any
service;
(C) to provide any inbound telemarketing,
referral, or administrative services to the customer
for the duration of the call, if such call
was initiated by the customer and the customer
approves of the use of such information to provide
such service; and
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(D) to provide location information con-
cerning the user of any service under this Act
(i) to a PSAP, emergency medicalservice provider, or emergency dispatch
provider, public safety, fire service, or law
enforcement official, or hospital emergency
or trauma care facility, in order to respond
to the users call for emergency services;
(ii) to inform the users legal guardianor members of the users immediate
family
of the users location in an emergency situation
that involves the risk of death or serious
physical harm; or
(iii) to providers of information ordatabase management services solely for
purposes of assisting in the delivery of
emergency services in response to an emergency.
(5) SUBSCRIBER LIST INFORMATION.Notwith-
standing paragraphs (1) through (5), a service provider
under this Act that provides VOIP services
and publishes, either directly or indirectly, subscriber
list information in any format, shall provide
subscriber list information gathered in its capacity
as a provider of VOIP service on a timely and
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unbundled basis, under nondiscriminatory and reasonable
rates, terms, and conditions, to any person
upon request for the purpose of publishing directories
in any format. The Commission shall, by regulation,
ensure that subscribers are not charged for
keeping their subscriber list information out of any
directory in any format.
(6) AUTHORITY TO USE LOCATION INFORMA-
TION.For purposes of paragraph (3)(A), without
the express prior authorization of the customer, a
customer shall not be considered to have approved
the use or disclosure of or access to location information
concerning the user of any service under this
Act, other than in accordance with paragraph
(4)(D).
(7) SUBSCRIBER LISTED AND UNLISTED INFOR-
MATION FOR EMERGENCY SERVICES.Notwith-
standing paragraphs (1) through (5), a service provider
under this Act that provides VOIP service
shall provide information described in subsection
(i)(9)(A) (including information pertaining to subscribers
whose information is unlisted or unpublished)
that is in its possession or control (including
information pertaining to subscribers of other service
provider under this Act or telecommunications car-
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riers) on a timely and unbundled basis, under nondiscriminatory
and reasonable rates, terms, and conditions
to providers of emergency services, and providers
of emergency support services, solely for purposes
of delivering or assisting in the delivery of
emergency services.
(h) REGULATIONS.The Commission shall prescribe
such regulations as are necessary to implement this section.
(i) DEFINITIONS.For the purposes of this section:
(1) AGGREGATE INFORMATION.The term aggregate
customer information means collective data
that relates to a group or category of services or
customers, from which individual customer identities
and characteristics have been removed.
(2) BITS PROVIDER.The term BITS provider
has the same meaning as defined in section
2, but also includes any person who
(A) is owned or controlled by, or undercommon ownership or control with, a BITS
provider;
and
(B) provides BIT, BITS, VOIP service, orbroadband video service.
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(3) CUSTOMER PROPRIETARY NETWORK INFOR-
MATION.The term customer proprietary network
information means
(A) information that relates to the quan-
tity, technical configuration, type, destination,
location, and amount of use of BIT, BITS,
VOIP service, or broadband video service subscribed
to by any customer of a service provider
under this Act, or a telecommunications carrier,
and that is made available to the such provider
or carrier by the customer solely by virtue of
the provider-customer relationship; and
(B) information contained in the bills per-
taining to BIT, BITS, VOIP service, or
broadband video services received by a customer
of a service provider under this Act, except that
such term does not include subscriber list information.
(4) EMERGENCY NOTIFICATION SERVICES.the
term emergency notification services means services
that notify the public of an emergency.
(5) EMERGENCY SERVICES.The term emergency
services means 911 emergency services
and emergency notification services.
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(6) EMERGENCY SUPPORT SERVICES.The
term emergency support services means information
or database management services used in support
of emergency services.
(7) PERSONALLY IDENTIFIABLE INFORMA-
TION.The term personally identifiable
information
(A) means information that allows a livingperson to be identified individually,
including
the following: the first and last name of an individual,
a home or physical address of an individual,
date or place of birth, an email address,
a telephone number, a Social Security number,
a tax identification number, birth certificate
number, passport number, drivers license number,
credit card number, bank card number, or
any government-issued identification number;
and
(B) does not include any record of aggre-
gate data that does not permit the identification
of particular persons.
(8) SERVICE PROVIDER UNDER THIS ACT.The
term service provider under this Act means a BIT
provider, a BITS provider, a VOIP service provider,
and a broadband video service provider.
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(9) SUBSCRIBER LIST INFORMATION.The
term subscriber list information means any
information
(A) identifying the listed names of sub-
scribers of a VOIP service provider and such
subscribers telephone numbers, addresses, or
primary advertising classifications (as such
classifications are assigned at the time of the
establishment of such service), or any combination
of such listed names, numbers, addresses,
or classifications; and
(B) that the VOIP service provider or anaffiliate has published, caused to be
published
or accepted for publication in any directory format.
SEC. 405. ACCESS BY PERSONS WITH DISABILITIES.
(a) MANUFACTURING.A manufacturer of equipment
used for BIT, BITS, VOIP service, or broadband
video service shall ensure that equipment designed, developed,
or fabricated after the date of enactment of this Act
is designed, developed, and fabricated to be accessible to
and usable by individuals with disabilities, unless the manufacturer
demonstrates that taking such steps would result
in an undue burden.
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(b) SERVICE PROVIDERS.A BITS provider, VOIP
service provider, or broadband video service provider shall
ensure that the service it provides is accessible to and usable
by individuals with disabilities, unless the provider
demonstrates that taking such steps would result in an
undue burden.
(c) COMPATIBILITY.Whenever the requirements of
subsections (a) or (b) constitute an undue burden, the
manufacturer or provider shall ensure that the equipment
or service is compatible with peripheral devices or specialized
customer premises equipment widely used by individuals
with disabilities to achieve access, unless the manufacturer
or provider demonstrates that taking such steps
would result in an undue burden.
(d) INTERCONNECTION AND INTEROPERABILITY.
Each BITS provider, VOIP service provider, and
broadband video provider has the duty not to install network
features, functions, or capabilities that do not comply
with the guidelines and standards established pursuant
to this section.
(e) PERSONS SUBJECT TO DUAL REQUIREMENTS.
Any person that is subject to the requirements of this section
and section 255 of the 1934 Act with respect to the
same service or equipment shall, after the effective date
of the regulations required by subsection (f), be subject
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only to the requirements of this section with respect to
such service or equipment and not to the requirements of
such section 255. This subsection shall not apply with respect
to equipment fabricated before the effective date of
such regulations.
(f) REGULATIONS.
(1) DEADLINE.Within 1 year after the date
of enactment of this Act, the Commission, in consultation
with the Architectural and Transportation
Barriers Compliance Board, shall prescribe such regulations
as are necessary to implement this section.
(2) CONTENTS.Such regulations shall
(A) prohibit BITS, VOIP service, andbroadband video service, any provider of
that
service, and the equipment used for any such
service, from impairing or impeding any closedcaptioning
or video description that has been
incorporated into the content for transmission;
(B) require each BITS provider, VOIPservice provider, and broadband video
service
provider to document steps taken to achieve access,
including the providers efforts to consult
with individuals with disabilities and descriptions
of the accessibility features and compat-
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ibility of the providers products or services;
and
(C) develop enforcement and expeditedcomplaint procedures.
(3) REVIEW AND UPDATE.The Commission
shall review and if necessary update such regulations
periodically and at least once every four years.
(g) REPORT.Every four years after the date of enactment
of this Act, the Commission shall submit a report
to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce,
Science and Transportation of the Senate. Such report
shall assess the level of compliance with this section and
evaluate the extent to which any accessibility barriers still
exist with respect to BITS, VOIP service, or broadband
video service.
(h) DEFINITIONS.For purposes of this section:
(1) DISABILITY.The term disability has the
meaning given such term by section 3(2)(A) of the
Americans with Disabilities Act of 1990 (42 U.S.C
12102(2)(A)).
(2) UNDUE BURDEN.The term undue burden
means significant difficulty or expense. In determining
whether the requirements of this section
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would result in an undue burden, the factors to be
considered include
(A) the nature and cost of the steps re-
quired for the manufacturer or provider;
(B) the impact on the operation of themanufacturer or provider;
(C) the financial resources of the manufac-
turer or provider; and
(D) the type of operations of the manufac-
turer or provider.
SEC. 406. MANAGEMENT OF RIGHTS-OF-WAY.
(a) USE OF RIGHTS-OF-WAY AND EASEMENTS.In
using public rights-of-way and easements that have been
dedicated to compatible uses, a BITS provider, VOIP services
provider, or broadband video service provider shall ensure
that
(1) the safety, functioning, and appearance ofthe property and the convenience
and the safety of
other persons not be adversely affected by the installation
or construction of facilities necessary for such
service;
(2) the cost of the installation, construction, op-
eration, relocation, or removal of such facilities be
borne by such provider or a subscriber to such pro-
viders service, or a combination of both; and
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(3) the owner of the property be justly com-
pensated by such provider for any damages caused
by the installation, construction, operation, relocation,
or removal of such facilities by such provider.
(b) PRESERVATION OF AUTHORITY.No provision of
this title shall be construed to prohibit a local franchising
authority or other unit of State or local government
(1) from enforcing the requirements of para-
graphs (1), (2), and (3) of subsection (a); or
(2) from imposing reasonable restrictions, asnecessary for the purposes
described in subsection
(a)(1), on the time, place, and manner by which
such provider constructs, alters, or maintains facilities
that use public rights-of-way and easements for
the provision of such service.
(c) MANAGEMENT OF PUBLIC RIGHTS-OF-WAY.
Subject to this section, nothing in this Act affects the authority
of a State or local government to manage the public
rights-of-way on a competitively neutral and non-dis-
criminatory basis or to require fair, reasonable, and nondiscriminatory
compensation from a BITS provider, VOIP
services provider, or broadband video service provider for
such management.
(d) BONDS, INSURANCE, ETC.A State or local government
may require a BITS provider to obtain bonds,
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security funds, letters of credit, insurance, or indemnification,
or to pay penalties or liquidated damages, to ensure
compliance with this section.
SEC. 407. ACCESS TO POLES, DUCTS, CONDUITS, AND
RIGHTS-OF-WAY.
(a) NONDISCRIMINATORY ACCESS.A utility shall
provide a BITS provider, BIT provider, or broadband
video service provider with rates, terms, and conditions for
access to any pole, duct, conduit, or right-of-way owned
or controlled by such utility that are nondiscriminatory as
compared to the rates, terms, and conditions for such access
provided to any telecommunications carrier, cable operator,
or other BITS provider, BIT provider, or
broadband video service provider. A BITS provider, BIT
provider, or broadband video service provider shall provide
a cable television system, a telecommunications carrier, or
any other BITS provider, BIT provider, or broadband
video service provider with rates, terms, and conditions for
access to any pole, duct, conduit, or right-of-way owned
or controlled by that provider that are nondiscriminatory
as compared to the rates, terms, and conditions for such
access provided to any telecommunications carrier, cable
operator, or other BITS provider, BIT provider, or
broadband video service provider.
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(b) CAPACITY EXCEPTION.Notwithstanding paragraph
(1), a utility providing electric service may deny a
BITS provider or BIT provider access to its poles, ducts,
conduits, or rights-of-way, on a nondiscriminatory basis
where there is insufficient capacity and for reasons of
safety, reliability, and generally applicable engineering
purposes.
(c) REGULATIONS.The Commission shall prescribe
such regulations are necessary to implement this section.
(d) DEFINITIONS.For purposes of this section, the
terms utility and telecommunications carrier have the
meanings provided in section 224(a) of the 1934 Act.
SEC. 408. STANDARD SETTING.
The Commission may recognize standards developed
and adopted by appropriate standards-setting organizations
for equipment used in the provision, delivery, or use
of BIT, BITS, VOIP service, or broadband video service.
SEC. 409. GOVERNMENT AUTHORITY TO PROVIDE SERV-
ICES.
(a) IN GENERAL.Neither the 1934 Act nor any
State statute, regulation, or other State legal requirement
may prohibit or have the effect of prohibiting any public
provider of BITS, VOIP services, or broadband video services
from providing such services to any person or entity.
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(b) COMPETITION NEUTRALITY.Any State or political
subdivision thereof, or any agency, authority, or instrumentality
of a State or political subdivision thereof,
that is, owns, controls, or is otherwise affiliated with a
public provider of BITS, VOIP services, or broadband
video services shall not grant any preference or advantage
to any such provider. Such entity shall apply its ordinances,
rules, and policies, including those relating to the
use of public rights-of-way, permitting, performance bonding,
and reporting without discrimination in favor of any
such provider as compared to other providers of such services.
(c) COMPLIANCE WITH OTHER LAWS NOT AF-
FECTED.Nothing in this section shall exempt a public
provider from any law or regulation that applies to providers
of BITS, VOIP services, or broadband video services.
(d) DEFINITION OF PUBLIC PROVIDER.For purposes
of this section, the term public provider means
a State or political subdivision thereof, or any agency, authority,
or instrumentality of a State or political subdivision
thereof, that provides BITS, a VOIP service, or a
broadband video service, or any entity that is owned, controlled,
or is otherwise affiliated with such State or polit-
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ical subdivision thereof, or agency, authority, or instrumentality
of a State or political subdivision thereof.
SEC. 410. PRESERVATION OF EXISTING LAWS.
(a) IN GENERAL.Nothing in this Act shall preempt
the enforcement of any State law of general applicability,
including those relating to theft, fraud, law enforcement,
or fair trade.
(b) ADDITIONAL RULE OF CONSTRUCTION.Noth-
ing in this Act shall be construed to modify, impair, or
supersede, or authorize the modification, impairment, or
supersession of, any State or local law pertaining to taxation.
(c) EMERGENCY COMMUNICATIONS AUTHORITY.
Nothing in this Act shall be construed to restrict or otherwise
affect the Commissions jurisdiction and authority
with respect to emergency communications systems, capabilities,
and requirements, and the Commission shall have
the jurisdiction and authority to take actions or issue regulation
on providers of services under this Act with respect
to emergency communications systems, capabilities, and
requirements.
(d) FEES.Nothing in this Act prohibits the Commission
from imposing or collecting fees under sections 8
and 9 of the 1934 Act (47 U.S.C. 158, 159).
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(e) FOREIGN OWNERSHIP OR CONTROL.A registration
statement under section 102, 202, or 302 of this Act
shall be considered to be a station license for purposes
of section 310 of the 1934 Act.
SEC. 411. COMPLAINTS TO THE COMMISSION.
(a) FILING AND ANSWERS.Any person, State, State
commission, franchising authority, or other instrumentality
of a State or local government, may complain to the
Commission of anything done or omitted to be done in
violation of any duty, obligation, or requirement under this
Act. The Commission shall forward the complaint to the
relevant party who shall answer the complaint within a
reasonable period of time and in a manner to be specified
by the Commission.
(b) INVESTIGATION AND ORDER.The Commission
shall investigate the matters complained of and issue an
order concluding such investigation within the 90-day period
after the date on which the complaint was filed, except
that the Commission may extend that period for a
single additional 90 days. Such order shall grant or deny
the complaint, in whole or in part, and shall contain a
written explanation of the basis of the decision.
(c) MEDIATION OR ARBITRATION.The Commission
in its discretion may mediate or arbitrate any issue arising
under such complaint.
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(d) ORDERS FOR THE CONTINUATION OF SERVICE.
The Commission may, at the time that a complaint is
made, issue an order requiring a BIT provider, BITS provider,
VOIP service provider, or broadband video service
provider to continue to provide service while the Commission
investigates and resolves such complaint.
(e) PROTECTIVE ORDERS.The Commission may
issue orders protecting the status of the parties or the
rights of subscribers, or both, pending resolution of the
complaint.
(f) DAMAGES.The Commission is authorized to
issue an order directing a provider of services under this
Act to pay the damages to a complaining party for a violation
of this Act or the regulations thereunder.
(g) REGULATIONS.The Commission shall prescribe
such regulations as are necessary to implement this section.
SEC. 412. COMMISSION AUTHORITY OVER DOCUMENTS.
The Commission shall have authority to require the
filing of any contract, agreement, or arrangement with any
party, or any other data, documents or records, related
to the provisions of this Act, including or any complaint
filed under section 411 of this Act.
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SEC. 413. REVOCATION OF REGISTRATION.
(a) AUTHORITY TO REVOKE REGISTRATION.The
Commission may revoke a registration statement under
section 102, 202, or 302
(1) for false statements knowingly made in theregistration statement or other
materials filed with
the Commission in connection with registration or
renewal;
(2) because of conditions coming to the atten-
tion of the Commission for which the Commission
would have disapproved of such registration statement;
or
(3) for willful or repeated violations of, or will-
ful or repeated omissions of, any duty, obligation, or
requirement under this Act or any rule or regulation
of the Commission authorized under this Act.
(b) PROCEDURE.
(1) SHOW CAUSE ORDER.Before revoking a
registration under this Act, the Commission shall
issue an order to the registered person to show
cause why an order of revocation should not be
issued which shall require the person to answer or
appear (or both) before the Commission.
(2) REVOCATION ORDER.If the Commission
determines that an order of revocation should issue,
it shall issue such order, which shall include a state-
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ment of the findings of the Commission and the
grounds and reasons for the revocation.
(3) NOTICE TO OTHER AUTHORITIES.The
Commission shall notify the appropriate State commission
of such revocation and, if such registration
concerns a broadband video service provider, shall
notify each local franchising authority for which
such registration is effective, of such revocation.
SEC. 414. ADDITIONAL REMEDIES.
This Act shall be enforced by the Commission under
titles IV and V of the 1934 Act (47 U.S.C. 401, 501 et
seq.). A violation of any provision of this Act shall be
treated as a violation of the 1934 Act, and a violation of
a regulation issued under this Act shall be treated as a
violation of a regulation issued under the 1934 Act.
F:\V9\110305\110305.068 (333744|14)
November 3, 2005 (12:16 PM)
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- [DMCA-Activists] Latest Draft of BITS Bill,
Seth Johnson <=