An amendment numbered 1 printed in House Report 109-491 to clarify the following: (1) what constitutes a franchise area; (2) that a person or group seeking authority to provide service under a national franchise must agree to comply with all requirements the FCC promulgates pursuant to the consumer protection and customer service provisions in the bill; (3) that anyone with a national franchise shall be subject to all the cable operator provisions of Title VI of the Communications Act except for the ones specifically excepted in the bill; and (4) that nothing in the legislation affects existing pole attachment law.
What it does: 27 changes: replaces text in 12 places, inserts text in 11 places, rewrites 2 provisions, strikes text, adds a section
Rep. Joe Barton (R-TX)Description
Manager's amendment consists of the text of the amendment contained in House Report 109-491 and printed on page H3569 in the Congressional Record for June 8, 2006.
What it changes
27 changes to H.R. 5252
We couldn't match these changes to the text of H.R. 5252, so they're shown as written.
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Replaces “intends” with “seeks authority”
[struck: intends][inserted: seeks authority]Original wording
Page 5, line 4, strike “intends” and insert “seeks authority”.
Change 2: Replaces “within the jurisdiction of such unit of general local government contains” with “overlaps with”
[struck: within the jurisdiction of such unit of general local government contains][inserted: overlaps with]Original wording
Page 5, beginning on line 17, strike “within the jurisdiction of such unit of general local government contains” and insert “overlaps with”.
Change 3: Replaces “area contained in the franchise area of such cable operator” with “overlapping area”
[struck: area contained in the franchise area of such cable operator][inserted: overlapping area]Original wording
Page 6, lines 1 and 2, strike “area contained in the franchise area of such cable operator” and insert “overlapping area”.
Change 4: Inserts “for authority” after “certification”
…certification[inserted: for authority]…
Original wording
Page 6, line 15, after “certification” insert “for authority”.
Change 5: Replaces “under” with “in accordance with”
[struck: under][inserted: in accordance with]Original wording
Page 6, line 20, strike “under” and insert “in accordance with”.
Change 6: Replaces “and subsection (g) of this section” with “(including the rules adopted under section 632(b) pursuant to subsection (g) of this sect…”
[struck: and subsection (g) of this section][inserted: (including the rules adopted under section 632(b) pursuant to subsection (g) of this section)]Original wording
Page 7, line 1, strike “and subsection (g) of this section” and insert “(including the rules adopted under section 632(b) pursuant to subsection (g) of this section)”.
Change 7: Replaces “that files” with “with”
[struck: that files][inserted: with]Original wording
Page 8, line 4, strike “that files” and insert “with”.
Change 8: Inserts “The Commission shall by rule specify the methods by which a franchising authority shall n…” after the period
Inserted: The Commission shall by rule specify the methods by which a franchising authority shall notify a cable operator of the hearing for which its participation is required under this subparagraph.
Original wording
Page 9, line 19, after the period insert the following: “The Commission shall by rule specify the methods by which a franchising authority shall notify a cable operator of the hearing for which its participation is required under this subparagraph.”.
Change 9: Replaces “definition of gross revenues” with “definitions of gross revenues and franchise fee”
[struck: definition of gross revenues][inserted: definitions of gross revenues and franchise fee]Original wording
Page 12, line 24, strike “definition of gross revenues” and insert “definitions of gross revenues and franchise fee”.
Change 10: Inserts “on the day before its national franchise became effective” after “to provide”
…to provide[inserted: on the day before its national franchise became effective]…
Original wording
Page 15, line 25, after “to provide” insert “on the day before its national franchise became effective”.
Change 11: Rewrites subparagraph (A)
Removes subparagraph (A) of the printed bill. See that page
Inserted: (A) A cable operator franchised under this section shall ensure that any public, educational, or governmental programming carried by the cable operator under this section within a franchise area is available to all of its subscribers in such franchise area.
Original wording
Page 16, beginning on line 20, strike subparagraph (A) and insert the following:
Change 12: Inserts “, if at least one of the operators is providing cable service in the franchise area pursu…” after “cable operators shall”
…cable operators shall[inserted: , if at least one of the operators is providing cable service in the franchise area pursuant to a franchise under this section,]…
Original wording
Page 17, line 16, after “cable operators shall” insert “, if at least one of the operators is providing cable service in the franchise area pursuant to a franchise under this section,”.
Change 13: Replaces “Act” with “section”
[struck: Act][inserted: section]Original wording
Page 19, line 16, strike “Act” and insert “section”.
Change 14: Replaces “Congress” with “Committee on Energy and Commerce of the House of Representatives and the Committee on Com…”
[struck: Congress][inserted: Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate]Original wording
Page 22, line 7, strike “Congress” and insert “Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate”.
Change 15: Replaces “The following sections” with “The provisions of this title that apply to a cable operator shall apply in a franchise ar…”
[struck: The following sections][inserted: The provisions of this title that apply to a cable operator shall apply in a franchise area to a person or group with a national franchise under this section to provide cable service in such franchise area, except that the following sections]Original wording
Page 27, beginning on line 24, strike “The following sections” and insert “The provisions of this title that apply to a cable operator shall apply in a franchise area to a person or group with a national franchise under this section to provide cable service in such franchise area, except that the following sections”.
Change 16: Replaces “Act” with “section”
[struck: Act][inserted: section]Original wording
Page 28, line 7, strike “Act” and insert “section”.
Change 17: Replaces “subsections (c)(1) and (e)(2)” with “subsection (c)(1) or (e)(2)”
[struck: subsections (c)(1) and (e)(2)][inserted: subsection (c)(1) or (e)(2)]Original wording
Page 29, line 22, strike “subsections (c)(1) and (e)(2)” and insert “subsection (c)(1) or (e)(2)”.
Change 18: Inserts “with a national franchise” after “cable operator”
…cable operator[inserted: with a national franchise]…
Original wording
Page 30, line 22, after “cable operator” insert “with a national franchise”.
Change 19: Strikes “and”
Struck: and
Original wording
Page 38, line 5, strike “and”;
Change 20: Inserts new text at the paragraph (7)(D)
InsertsOriginal wording
(4) in paragraph (7)(D), by inserting after “section 653 of this title” the following;
Change 21: Inserts “(A)” after “means”
InsertsWherever the words appear…means[inserted: (A)]…
Original wording
(A) by inserting “(A)” after “means”; and
Change 22: Inserts “; and (B) a national franchise that is effective under section 630 on the basis of a cert…” before the semicolon at the end
InsertsWherever the words appearInserted: ; and (B) a national franchise that is effective under section 630 on the basis of a certification with the Commission
Original wording
(B) by inserting before the semicolon at the end the following: “; and (B) a national franchise that is effective under section 630 on the basis of a certification with the Commission”; and
Change 23: Inserts “, but does not include the Commission with respect to a national franchise under section…” before the semicolon at the end
InsertsParagraph (10)Inserted: , but does not include the Commission with respect to a national franchise under section 630
Original wording
(6) in paragraph (10), by inserting before the semicolon at the end the following: “, but does not include the Commission with respect to a national franchise under section 630”.
Change 24: Inserts “pursuant to the amendments made by this title” before the period at the end
Inserted: pursuant to the amendments made by this title
Original wording
Page 39, line 8, before the period insert the following: “pursuant to the amendments made by this title”.
Change 25: Adds SEC. 104. RULE OF CONSTRUCTION on page 41, line 20
Adds a sectionPrinted pageInserted: SEC. 104. RULE OF CONSTRUCTION.
Inserted: Nothing in this Act or the amendments made by this Act shall affect the application or interpretation of section 224 of the Communications Act of 1934 (47 U.S.C. 224).
Original wording
Page 41, after line 20, insert the following new section:
Change 26: Inserts “or without a fee” after “for a fee”
…for a fee[inserted: or without a fee]…
Original wording
Page 53, line 24, after “for a fee” insert “or without a fee”.
Change 27: Rewrites paragraph (3)
Removes paragraph (3) of the printed bill. See that page
Inserted: (3) Necessary e-911 infrastructure.--The term 'necessary E-911 infrastructure' means the originating trucks to the selective routers, selective routers, databases (including automatic location information databases and master street address guides), trunks, or other related facilities necessary for the delivery and completion of 911 and E-911 calls, or other 911 and E-911 equipment, facilities, databases, interfaces, and related capabilities specified by the Commission.
Original wording
Page 54, beginning on line 11, strike paragraph (3) and insert the following:
Shown as written
Page 5, lines 13 and 23, and page 6, line 4, strike “contiguous”.
Page 28, line 3, before the colon insert “in such franchise area”.
on page 39, line 2, strike the period at the end of the line and insert a semicolon; and after such line insert the following:
“except in a franchise area in which such system is used to provide cable service under a national franchise pursuant to section 630”;
(5) in paragraph (9)--
Page 57, line 18, and page 60, line 13, strike “716(j)” and insert “716(l)”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 5, line 4, strike “intends” and insert “seeks authority”.
Page 5, lines 13 and 23, and page 6, line 4, strike “contiguous”.
Page 5, beginning on line 17, strike “within the jurisdiction of such unit of general local government contains” and insert “overlaps with”.
Page 6, lines 1 and 2, strike “area contained in the franchise area of such cable operator” and insert “overlapping area”.
Page 6, line 15, after “certification” insert “for authority”.
Page 6, line 20, strike “under” and insert “in accordance with”.
Page 7, line 1, strike “and subsection (g) of this section” and insert “(including the rules adopted under section 632(b) pursuant to subsection (g) of this section)”.
Page 8, line 4, strike “that files” and insert “with”.
Page 9, line 19, after the period insert the following: “The Commission shall by rule specify the methods by which a franchising authority shall notify a cable operator of the hearing for which its participation is required under this subparagraph.”.
Page 12, line 24, strike “definition of gross revenues” and insert “definitions of gross revenues and franchise fee”.
Page 15, line 25, after “to provide” insert “on the day before its national franchise became effective”.
Page 16, beginning on line 20, strike subparagraph (A) and insert the following:
“(A) A cable operator franchised under this section shall ensure that any public, educational, or governmental programming carried by the cable operator under this section within a franchise area is available to all of its subscribers in such franchise area.
Page 17, line 16, after “cable operators shall” insert “, if at least one of the operators is providing cable service in the franchise area pursuant to a franchise under this section,”.
Page 19, line 16, strike “Act” and insert “section”.
Page 22, line 7, strike “Congress” and insert “Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate”.
Page 27, beginning on line 24, strike “The following sections” and insert “The provisions of this title that apply to a cable operator shall apply in a franchise area to a person or group with a national franchise under this section to provide cable service in such franchise area, except that the following sections”.
Page 28, line 3, before the colon insert “in such franchise area”.
Page 28, line 7, strike “Act” and insert “section”.
Page 29, line 22, strike “subsections (c)(1) and (e)(2)” and insert “subsection (c)(1) or (e)(2)”.
Page 30, line 22, after “cable operator” insert “with a national franchise”.
Page 38, line 5, strike “and”; on page 39, line 2, strike the period at the end of the line and insert a semicolon; and after such line insert the following:
(4) in paragraph (7)(D), by inserting after “section 653 of this title” the following; “except in a franchise area in which such system is used to provide cable service under a national franchise pursuant to section 630”;
(5) in paragraph (9)--
(A) by inserting “(A)” after “means”; and
(B) by inserting before the semicolon at the end the following: “; and (B) a national franchise that is effective under section 630 on the basis of a certification with the Commission”; and
(6) in paragraph (10), by inserting before the semicolon at the end the following: “, but does not include the Commission with respect to a national franchise under section 630”.
Page 39, line 8, before the period insert the following: “pursuant to the amendments made by this title”.
Page 41, after line 20, insert the following new section:
SEC. 104. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall affect the application or interpretation of section 224 of the Communications Act of 1934 (47 U.S.C. 224).
Page 53, line 24, after “for a fee” insert “or without a fee”.
Page 54, beginning on line 11, strike paragraph (3) and insert the following:
“(3) Necessary e-911 infrastructure.--The term ‘necessary E-911 infrastructure' means the originating trucks to the selective routers, selective routers, databases (including automatic location information databases and master street address guides), trunks, or other related facilities necessary for the delivery and completion of 911 and E-911 calls, or other 911 and E-911 equipment, facilities, databases, interfaces, and related capabilities specified by the Commission.
Page 57, line 18, and page 60, line 13, strike “716(j)” and insert “716(l)”.
Legislative Activity
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House amendment offered
June 8, 2006
View full timeline
House amendment offered
June 8, 2006
House amendment agreed to: On agreeing to the Barton (TX) amendment (A001) Agreed to by voice vote.
June 8, 2006 • 7:23 PM
Amendment agreed to Committee of the Whole
June 8, 2006 • 7:23 PM
House amendment offered/reported by : Amendment (A001) offered by Mr. Barton (TX).(consideration: CR H3569-3570; text: CR H3569)
June 8, 2006 • 7:16 PM
Amendment (A001) offered by Mr. Barton (TX). (consideration: CR H3569-3570; text: CR H3569)
June 8, 2006 • 7:16 PM
On agreeing to the Barton (TX) amendment (A001) Agreed to by voice vote.
June 8, 2006 • 7:23 PM