[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5252 Reported in Senate (RS)]
Calendar No. 652
109th CONGRESS
2d Session
H. R. 5252
[Report No. 109-355]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 12, 2006
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
September 29, 2006
Reported by Mr. Stevens, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To promote the deployment of broadband networks and services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the
``Communications Opportunity, Promotion, and Enhancement Act of
2006''.</DELETED>
<DELETED> (b) Table of Contents.--</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--NATIONAL CABLE FRANCHISING
<DELETED>Sec. 101. National cable franchising.
<DELETED>Sec. 102. Definitions.
<DELETED>Sec. 103. Monitoring and reporting.
<DELETED>Sec. 104. Rule of construction.
<DELETED>TITLE II--ENFORCEMENT OF BROADBAND POLICY STATEMENT
<DELETED>Sec. 201. Enforcement of broadband policy statement.
<DELETED>TITLE III--VOIP/911
<DELETED>Sec. 301. Emergency services; interconnection.
<DELETED>Sec. 302. Compensation and contribution.
<DELETED>TITLE IV--MUNICIPAL PROVISION OF SERVICES
<DELETED>Sec. 401. Government authority to provide services.
<DELETED>TITLE V--BROADBAND SERVICE
<DELETED>Sec. 501. Stand-alone broadband service.
<DELETED>Sec. 502. Study of interference potential of broadband over
power line systems.
<DELETED>TITLE VI--SEAMLESS MOBILITY
<DELETED>Sec. 601. Development of seamless mobility.
<DELETED>TITLE I--NATIONAL CABLE FRANCHISING</DELETED>
<DELETED>SEC. 101. NATIONAL CABLE FRANCHISING.</DELETED>
<DELETED> (a) Amendment.--Part III of title VI of the Communications
Act of 1934 (47 U.S.C. 541 et seq.) is amended by adding at the end the
following new section:</DELETED>
<DELETED>``SEC. 630. NATIONAL CABLE FRANCHISING.</DELETED>
<DELETED> ``(a) National Franchises.--</DELETED>
<DELETED> ``(1) Election.--A person or group that is
eligible under subsection (d) may elect to obtain a national
franchise under this section as authority to provide cable
service in a franchise area in lieu of any other authority
under Federal, State, or local law to provide cable service in
such franchise area. A person or group may not provide cable
service under the authority of this section in a franchise area
unless such person or group has a franchise under this section
that is effective with respect to such franchise area. A
franchising authority may not require any person or group that
has a national franchise under this section in effect with
respect to a franchise area to obtain a franchise under section
621 or any other law to provide cable service in such franchise
area.</DELETED>
<DELETED> ``(2) Certification.--To obtain a national
franchise under this section as authority to provide cable
service in a franchise area, a person or group shall--
</DELETED>
<DELETED> ``(A) file with the Commission a
certification for a national franchise containing the
information required by paragraph (3) with respect to
such franchise area, if such person or group has not
previously obtained a national franchise; or</DELETED>
<DELETED> ``(B) file with the Commission a
subsequent certification for additional franchise areas
containing the information required by paragraph (3)
with respect to such additional franchise areas, if
such person or group has previously obtained a national
franchise.</DELETED>
<DELETED> ``(3) Contents of certification.--Such
certification shall be in such form as the Commission shall
require by regulation and shall contain--</DELETED>
<DELETED> ``(A) the name under which such person or
group is offering or intends to offer cable
service;</DELETED>
<DELETED> ``(B) the names and business addresses of
the directors and principal executive officers, or the
persons performing similar functions, of such person or
group;</DELETED>
<DELETED> ``(C) the location of such person or
group's principal business office;</DELETED>
<DELETED> ``(D) the name, business address,
electronic mail address, and telephone and fax number
of such person or group's local agent;</DELETED>
<DELETED> ``(E) a declaration by such person or
group that such person or group is eligible under
subsection (d) to obtain a national franchise under
this section;</DELETED>
<DELETED> ``(F) an identification of each franchise
area in which such person or group seeks authority to
offer cable service pursuant to such certification,
which franchise area shall be--</DELETED>
<DELETED> ``(i) the entirety of a franchise
area in which a cable operator is, on the date
of the filing of such certification, authorized
to provide cable service under section 621 or
any other law (including this section);
or</DELETED>
<DELETED> ``(ii) a geographic area that
covers the entirety of the jurisdiction of a
unit of general local government, except that--
</DELETED>
<DELETED> ``(I) if the geographic
area overlaps with a franchise area in
which a cable operator is, on such
date, authorized to provide cable
service under section 621 or any other
law, the geographic area identified in
the certification under this clause as
a franchise area shall not include the
overlapping area; and</DELETED>
<DELETED> ``(II) if such geographic
area includes areas that are,
respectively, within the jurisdiction
of different franchising authorities,
the certification shall specify each
such area as a separate franchise
area;</DELETED>
<DELETED> ``(G) a declaration that such person or
group transmitted, or will transmit on the day of
filing such declaration, a copy of such certification
to the franchising authority for each franchise area
for which such person or group is filing a
certification for authority to offer cable service
under this section;</DELETED>
<DELETED> ``(H) a declaration by the person or group
that the person or group will comply with the rights-
of-way requirements of the franchising authority in
accordance with subsection (f); and</DELETED>
<DELETED> ``(I) a declaration by the person or group
that--</DELETED>
<DELETED> ``(i) the person or group will
comply with all Commission consumer protection
and customer service rules under section 632(b)
(including the rules adopted under section
632(b) pursuant to subsection (g) of this
section); and</DELETED>
<DELETED> ``(ii) the person or group agrees
that such standards may be enforced by the
Commission or by the franchising authority in
accordance with subsection (g) of this
section.</DELETED>
<DELETED> ``(4) Local notification; preservation of
opportunity to negotiate.--</DELETED>
<DELETED> ``(A) Copy to franchising authority.--On
the day of filing any certification under paragraph
(2)(A) or (B) for a franchise area, the person or group
shall transmit a copy of such certification to the
franchising authority for such area.</DELETED>
<DELETED> ``(B) Negotiated franchise agreements
permitted.--Nothing in this section shall prevent a
person or group from negotiating a franchise agreement
or any other authority to provide cable service in a
franchise area under section 621 or any other law. Upon
entry into any such negotiated franchise agreement,
such negotiated franchise agreement shall apply in lieu
of any national franchise held by that person or group
under this section for such franchise area.</DELETED>
<DELETED> ``(5) Updating of certifications.--A person or
group with a certification under this section shall update any
information contained in such certification that is no longer
accurate and correct.</DELETED>
<DELETED> ``(6) Public availability of certifications.--The
Commission shall provide for the public availability on the
Commission's Internet website or other electronic facility of
all current certifications filed under this section.</DELETED>
<DELETED> ``(b) Effectiveness; Duration.--</DELETED>
<DELETED> ``(1) Effectiveness.--A national franchise under
this section shall be effective with respect to any franchise
area 30 days after the date of the filing of a completed
certification under subsection (a)(2)(A) or (B) that applies to
such franchise area.</DELETED>
<DELETED> ``(2) Duration.--</DELETED>
<DELETED> ``(A) In general.--A franchise under this
section that applies to a franchise area shall be
effective for that franchise area for a term of 10
years.</DELETED>
<DELETED> ``(B) Renewal.--A franchise under this
section for a franchise area shall be renewed
automatically upon expiration of the 10-year period
described in subparagraph (A).</DELETED>
<DELETED> ``(C) Public hearing.--At the request of a
franchising authority in a franchise area, a cable
operator authorized under this section to provide cable
service in such franchise area shall, within the last
year of the 10-year period applicable under
subparagraph (A) to the cable operator's franchise for
such franchise area, participate in a public hearing on
the cable operator's performance in the franchise area,
including the cable operator's compliance with the
requirements of this title. The hearing shall afford
the public the opportunity to participate for the
purpose of identifying cable-related community needs
and interests and assessing the operator's performance.
The cable operator shall provide notice to its
subscribers of the hearing at least 30 days prior to
the hearing. 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.</DELETED>
<DELETED> ``(D) Revocation.--A franchise under this
section for a franchise area may be revoked by the
Commission--</DELETED>
<DELETED> ``(i) for willful or repeated
violation of any Federal or State law, or any
Commission regulation, relating to the
provision of cable service in such franchise
area;</DELETED>
<DELETED> ``(ii) for false statements or
material omissions knowingly made in any filing
with the Commission relating to the provision
of cable service in such franchise
area;</DELETED>
<DELETED> ``(iii) for willful or repeated
violation of the rights-of-way management laws
or regulations of any franchising authority in
such franchise area relating to the provision
of cable service in such franchise area;
or</DELETED>
<DELETED> ``(iv) for willful or repeated
violation of the antidiscrimination requirement
of subsection (h) with respect to such
franchise area.</DELETED>
<DELETED> ``(E) Notice.--The Commission shall send a
notice of such revocation to each franchising authority
with jurisdiction over the franchise areas for which
the cable operator's franchise was revoked.</DELETED>
<DELETED> ``(F) Reinstatement.--After a revocation
under subparagraph (D) of a franchise for a franchise
area of any person or group , the Commission may refuse
to accept for filing a new certification for authority
of such person or group to provide cable service under
this section in such franchise area until the
Commission determines that the basis of such revocation
has been remedied.</DELETED>
<DELETED> ``(G) Return to local franchising if cable
competition ceases.--</DELETED>
<DELETED> ``(i) If only one cable operator
is providing cable service in a franchise area,
and that cable operator obtained a national
franchise for such franchise area under
subsection (d)(2), the franchising authority
for such franchise area may file a petition
with the Commission requesting that the
Commission terminate such national franchise
for such franchise area.</DELETED>
<DELETED> ``(ii) The Commission shall
provide public notice and opportunity to
comment on such petition. If it finds that the
requirements of clause (i) are satisfied, the
Commission shall issue an order granting such
petition. Such order shall take effect one year
from the date of such grant, if no other cable
operator offers cable service in such area
during that one year. If another cable operator
does offer cable service in such franchise area
during that one year, the Commission shall
rescind such order and dismiss such
petition.</DELETED>
<DELETED> ``(iii) A cable operator whose
national franchise is terminated for such
franchise area under this subparagraph may
obtain new authority to provide cable service
in such franchise area under this section,
section 621, or any other law, if and when
eligible.</DELETED>
<DELETED> ``(c) Requirements of National Franchise.--A national
franchise shall contain the following requirements:</DELETED>
<DELETED> ``(1) Franchise fee.--A cable operator authorized
under this section to provide cable service in a franchise area
shall pay to the franchising authority in such franchise area a
franchise fee of up to 5 percent (as determined by the
franchising authority) of such cable operator's gross revenues
from the provision of cable service under this section in such
franchise area. Such payment shall be assessed and collected in
a manner consistent with section 622 and the definitions of
gross revenues and franchise fee in this section.</DELETED>
<DELETED> ``(2) PEG/I-net requirements.--A cable operator
authorized under this section to provide cable service in a
franchise area shall comply with the requirements of subsection
(e).</DELETED>
<DELETED> ``(3) Rights-of-way.--A cable operator authorized
under this section to provide cable service in a franchise area
shall comply with the rights-of-way requirements of the
franchising authority under subsection (f).</DELETED>
<DELETED> ``(4) Consumer protection and customer service
standards.--A cable operator authorized under this section to
provide cable service in a franchise area shall comply with the
consumer protection and customer service standards established
by the Commission under section 632(b).</DELETED>
<DELETED> ``(5) Child pornography.--A cable operator
authorized under this section to provide cable service in a
franchise area shall comply with the regulations on child
pornography promulgated pursuant to subsection (i).</DELETED>
<DELETED> ``(d) Eligibility for National Franchises.--The following
persons or groups are eligible to obtain a national franchise under
this section:</DELETED>
<DELETED> ``(1) Commencement of service after enactment.--A
person or group that is not providing cable service in a
franchise area on the date of enactment of this section under
section 621 or any other law may obtain a national franchise
under this section to provide cable service in such franchise
area.</DELETED>
<DELETED> ``(2) Existing providers of cable service.--A
person or group that is providing cable service in a franchise
area on the date of enactment of this section under section 621
or any other law may obtain a franchise under this section to
provide cable service in such franchise area if, on the date
that the national franchise becomes effective, another person
or group is providing cable service under this section, section
621, or any other law in such franchise area.</DELETED>
<DELETED> ``(e) Public, Educational, and Governmental Use.--
</DELETED>
<DELETED> ``(1) In general.--Subject to paragraph (3), a
cable operator with a national franchise for a franchise area
under this section shall provide channel capacity for public,
educational, and governmental use that is not less than the
channel capacity required of the cable operator with the most
subscribers in such franchise area on the effective date of
such national franchise. If there is no other cable operator in
such franchise area on the effective date of such national
franchise, or there is no other cable operator in such
franchise area on such date that is required to provide channel
capacity for public, educational, and governmental use, the
cable operator shall provide the amount of channel capacity for
such use as determined by Commission rule.</DELETED>
<DELETED> ``(2) PEG and i-net financial support.--A cable
operator with a national franchise under this section for a
franchise area shall pay an amount equal to 1 percent of the
cable operator's gross revenues (as such term is defined in
this section) in the franchise area to the franchising
authority for the support of public, educational, and
governmental use and institutional networks (as such term is
defined in section 611(f)). Such payment shall be assessed and
collected in a manner consistent with section 622, including
the authority of the cable operator to designate that portion
of a subscriber's bill attributable to such payment. A cable
operator that provided cable service in a franchise area on the
date of enactment of this section and that obtains a national
franchise under this section shall continue to provide any
institutional network that it was required to provide on the
day before its national franchise became effective in such
franchise area under section 621 or any other law.
Notwithstanding section 621(b)(3)(D), a franchising authority
may not require a cable operator franchised under this section
to construct a new institutional network.</DELETED>
<DELETED> ``(3) Adjustment.--Every 10 years after the
commencement of a franchise under this section for a franchise
area, a franchising authority may require a cable operator
authorized under such franchise to increase the channel
capacity designated for public, educational, or governmental
use, and the channel capacity designated for such use on any
institutional networks required under paragraph (2). Such
increase shall not exceed the higher of--</DELETED>
<DELETED> ``(A) one channel; or</DELETED>
<DELETED> ``(B) 10 percent of the public,
educational, or governmental channel capacity required
of that operator prior to the increase.</DELETED>
<DELETED> ``(4) Transmission and production of
programming.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) The production of any programming
provided under this subsection shall be the
responsibility of the franchising authority.</DELETED>
<DELETED> ``(C) A cable operator franchised under
this section shall be responsible for the transmission
from the signal origination point (or points) of the
programming, or from the point of interconnection with
another cable operator under subparagraph (D), to the
cable operator's subscribers, of any public,
educational, or governmental programming produced by or
for the franchising authority and carried by the cable
operator pursuant to this section.</DELETED>
<DELETED> ``(D) Unless two cable operators otherwise
agree to the terms for interconnection and cost
sharing, such cable operators shall, if at least one of
the operators is providing cable service in the
franchise area pursuant to a franchise under this
section, comply with regulations prescribed by the
Commission providing for--</DELETED>
<DELETED> ``(i) the interconnection between
two cable operators in a franchise area for
transmission of public, educational, or
governmental programming, without material
deterioration in signal quality or
functionality; and</DELETED>
<DELETED> ``(ii) the reasonable allocation
of the costs of such interconnection between
such cable operators.</DELETED>
<DELETED> ``(E) A cable operator shall display the
program information for public, educational, or
governmental programming carried under this subsection
in any print or electronic program guide in the same
manner in which it displays program information for
other video programming in the franchise area. The
cable operator shall not omit such public, educational,
or governmental programming from any navigational
device, guide, or menu containing other video
programming that is available to subscribers in the
franchise area.</DELETED>
<DELETED> ``(f) Rights-of-Way.--</DELETED>
<DELETED> ``(1) Authority to use.--Any franchise under this
section for a franchise area shall be construed to authorize
the construction of a cable system over public rights-of-way,
and through easements, which is within the area to be served by
the cable system and which have been dedicated for compatible
uses, except that in using such easements the cable operator
shall ensure that--</DELETED>
<DELETED> ``(A) the safety, functioning, and
appearance of the property and the convenience and the
safety of other persons not be adversely affected by
the installation or construction of facilities
necessary for a cable system;</DELETED>
<DELETED> ``(B) the cost of the installation,
construction, operation, or removal of such facilities
be borne by the cable operator or subscriber, or a
combination of both; and</DELETED>
<DELETED> ``(C) the owner of the property be justly
compensated by the cable operator for any damages
caused by the installation, construction, operation, or
removal of such facilities by the cable
operator.</DELETED>
<DELETED> ``(2) Management of public rights-of-way.--Nothing
in this section affects the authority of a State or local
government (including a franchising authority) over a person or
group in their capacity as a cable operator with a franchise
under this section to manage, on a reasonable, competitively
neutral, and non-discriminatory basis, the public rights-of-
way, and easements that have been dedicated for compatible
uses. A State or local government (including a franchising
authority) may, on a reasonable, competitively neutral, and
non-discriminatory basis--</DELETED>
<DELETED> ``(A) impose charges for such management;
and</DELETED>
<DELETED> ``(B) require compliance with such
management, such charges, and paragraphs (1)(A), (B),
and (C).</DELETED>
<DELETED> ``(g) Consumer Protection and Customer Service.--
</DELETED>
<DELETED> ``(1) National standards.--Notwithstanding section
632(d), no State or local law (including any regulation) shall
impose on a cable operator franchised under this section any
consumer protection or customer service requirements other than
consumer protection or customer service requirements of general
applicability.</DELETED>
<DELETED> ``(2) Proceeding.--Within 120 days after the date
of enactment of this section, the Commission shall issue a
report and order that updates for cable operators franchised
under this section the national consumer protection and
customer service rules under section 632(b), taking into
consideration the national nature of a franchise under this
section and the role of State and local governments in
enforcing, but not creating, consumer protection and customer
service standards for cable operators franchised under this
section.</DELETED>
<DELETED> ``(3) Requirements of new rules.--</DELETED>
<DELETED> ``(A) Such rules shall, in addition to the
requirements of section 632(b), address, with
specificity, no less than the following consumer
protection and customer service issues:</DELETED>
<DELETED> ``(i) Billing, billing disputes,
and discontinuation of service, including when
and how any late fees may be assessed (but not
the amount of such fees).</DELETED>
<DELETED> ``(ii) Loss of service or service
quality.</DELETED>
<DELETED> ``(iii) Changes in channel lineups
or other cable services and features.</DELETED>
<DELETED> ``(iv) Availability of parental
control options.</DELETED>
<DELETED> ``(B) The Commission's revised consumer
protection rules shall provide for forfeiture
penalties, or customer rebates, refunds or credits, or
both, and shall establish forfeiture, rebate, refund,
and credit guidelines with respect to violations of
such rules. Such guidelines shall--</DELETED>
<DELETED> ``(i) provide for increased
forfeiture penalties for repeated violations of
the standards in such rules; and</DELETED>
<DELETED> ``(ii) establish procedures by
which any forfeiture penalty assessed by the
Commission under this subsection shall be paid
by the cable operator directly to the
franchising authority affected by the
violation.</DELETED>
<DELETED> ``(4) Complaints.--</DELETED>
<DELETED> ``(A) In general.--Any person may file a
complaint with respect to an alleged violation of the
Commission's revised consumer protection rules in a
franchise area by a cable operator franchised under
this section--</DELETED>
<DELETED> ``(i) with the franchising
authority in such area; or</DELETED>
<DELETED> ``(ii) with the
Commission.</DELETED>
<DELETED> ``(B) Local franchising authority
procedure.--On its own motion or at the request of any
person, a franchising authority for a franchise area
may--</DELETED>
<DELETED> ``(i) initiate its own complaint
proceeding with respect to such an alleged
violation; or</DELETED>
<DELETED> ``(ii) file a complaint with the
Commission regarding such an alleged
violation.</DELETED>
<DELETED> ``(C) Timing.--The Commission or the
franchising authority conducting a proceeding under
this paragraph shall render a decision on any complaint
filed under this paragraph within 90 days of its
filing.</DELETED>
<DELETED> ``(5) Local franchising orders.--</DELETED>
<DELETED> ``(A) Requiring compliance.--In a
proceeding commenced by a franchising authority, a
franchising authority may issue an order requiring
compliance with the Commission's revised consumer
protection rules, but a franchising authority may not
create any new standard or regulation, or expand upon
or modify the Commission's revised consumer protection
rules.</DELETED>
<DELETED> ``(B) Access to records.--In such a
proceeding, the franchising authority may issue an
order requiring the filing of any data, documents, or
records (including any contract, agreement, or
arrangement between the subscriber and the cable
operator) that are directly related to the alleged
violation.</DELETED>
<DELETED> ``(C) Cost of franchising authority
orders.--A franchising authority may charge a cable
operator franchised under this section a nominal fee to
cover the costs of issuing orders under this
paragraph.</DELETED>
<DELETED> ``(6) Commission remedies; appeals.--</DELETED>
<DELETED> ``(A) Remedies.--An order of a franchising
authority under this subsection shall be enforced by
the Commission under this Act if--</DELETED>
<DELETED> ``(i) the order is not appealed to
the Commission;</DELETED>
<DELETED> ``(ii) the Commission does not
agree to grant review during the 30-day period
described in subparagraph (B); or</DELETED>
<DELETED> ``(iii) the order is sustained on
appeal by the Commission.</DELETED>
<DELETED> ``(B) Appeals.--Any party may file a
notice of appeal of an order of a franchising authority
under this subsection with the Commission, and shall
transmit a copy of such notice to the other parties to
the franchising authority proceeding. Such appeal shall
be deemed denied at the end of the 30-day period
beginning on the date of the filing unless the
Commission agrees within such period to grant review of
the appeal.</DELETED>
<DELETED> ``(C) Timing.--After the filing of a
notice of appeal under subparagraph (B), if such notice
is not denied by operation of such subparagraph, the
Commission shall render a decision within 90 days of
such filing.</DELETED>
<DELETED> ``(7) Annual report.--</DELETED>
<DELETED> ``(A) In general.--Not later than 1 year
after the date of enactment of this section, and
annually thereafter, 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 on the
implementation of this subsection, including the
following:</DELETED>
<DELETED> ``(i) The number of complaints
filed with franchising authorities under clause
(4)(A)(i).</DELETED>
<DELETED> ``(ii) Any trends concerning
complaints, such as increases in the number of
particular types of complaints or in new types
of complaints.</DELETED>
<DELETED> ``(iii) The timeliness of the
response of such franchising authorities and
the results of the complaints filed with such
franchising authorities, if not appealed to the
Commission.</DELETED>
<DELETED> ``(iv) The number of complaints
filed with the Commission under clause
(4)(A)(ii).</DELETED>
<DELETED> ``(v) The number of appeals filed
with the Commission under paragraph (6)(B) and
the number of such appeals which the Commission
agreed to hear.</DELETED>
<DELETED> ``(vi) The timeliness of the
Commission's responses to such complaints and
appeals.</DELETED>
<DELETED> ``(vii) The results of such
complaints and appeals filed with the
Commission.</DELETED>
<DELETED> ``(B) Submission of information by
franchising authorities.--The Commission may request
franchising authorities to submit information about the
complaints filed with the franchising authorities under
subparagraph (4)(A)(i), including the number of such
complaints and the timeliness of the response and the
results of such complaints.</DELETED>
<DELETED> ``(8) Definition.--For purposes of this
subsection, the term `Commission's revised consumer protection
rules' means the national consumer protection and customer
service rules under section 632(b) as revised by the Commission
pursuant to paragraph (2) of this subsection.</DELETED>
<DELETED> ``(h) Antidiscrimination.--</DELETED>
<DELETED> ``(1) Prohibition.--A cable operator with a
national franchise under this section to provide cable service
in a franchise area shall not deny access to its cable service
to any group of potential residential cable service subscribers
in such franchise area because of the income of that
group.</DELETED>
<DELETED> ``(2) Enforcement.--</DELETED>
<DELETED> ``(A) Complaint.--If a franchising
authority in a franchise area has reasonable cause to
believe that a cable operator is in violation of this
subsection with respect to such franchise area, the
franchising authority may, after complying with
subparagraph (B), file a complaint with the Commission
alleging such violation.</DELETED>
<DELETED> ``(B) Notice by franchising authority.--
Before filing a complaint with the Commission under
subparagraph (A), a franchising authority--</DELETED>
<DELETED> ``(i) shall give notice of each
alleged violation to the cable
operator;</DELETED>
<DELETED> ``(ii) shall provide a period of
not less than 30 days for the cable operator to
respond to such allegations; and</DELETED>
<DELETED> ``(iii) during such period, may
require the cable operator to submit a written
response stating the reasons why the operator
has not violated this subsection.</DELETED>
<DELETED> ``(C) Biannual report.--A cable operator
with a national franchise under this section for a
franchise area, not later than 180 days after the
effective date of such national franchise, and
biannually thereafter, shall submit a report to the
Commission and the franchising authority in the
franchise area--</DELETED>
<DELETED> ``(i) identifying the geographic
areas in the franchise area where the cable
operator offers cable service; and</DELETED>
<DELETED> ``(ii) describing the cable
operator's progress in extending cable service
to other areas in the franchise area.</DELETED>
<DELETED> ``(D) Notice by commission.--Upon receipt
of a complaint under this paragraph alleging a
violation of this subsection by a cable operator, the
Commission shall give notice of the complaint to the
cable operator.</DELETED>
<DELETED> ``(E) Investigation.--In investigating a
complaint under this paragraph, the Commission may
require a cable operator to disclose to the Commission
such information and documents as the Commission deems
necessary to determine whether the cable operator is in
compliance with this subsection. The Commission shall
maintain the confidentiality of any information or
document collected under this subparagraph.</DELETED>
<DELETED> ``(F) Deadline for resolution of
complaints.--Not more than 60 days after the Commission
receives a complaint under this paragraph, the
Commission shall issue a determination with respect to
each violation alleged in the complaint.</DELETED>
<DELETED> ``(G) Determination.--If the Commission
determines (in response to a complaint under this
paragraph or on its own initiative) that a cable
operator with a franchise under this section to provide
cable service in a franchise area has denied access to
its cable service to a group of potential residential
cable service subscribers in such franchise area
because of the income of that group, the Commission
shall ensure that the cable operator extends access to
that group within a reasonable period of
time.</DELETED>
<DELETED> ``(H) Remedies.--</DELETED>
<DELETED> ``(i) In general.--This subsection
shall be enforced by the Commission under
titles IV and V.</DELETED>
<DELETED> ``(ii) Maximum forfeiture
penalty.--For purposes of section 503, the
maximum forfeiture penalty applicable to a
violation of this subsection shall be $750,000
for each day of the violation.</DELETED>
<DELETED> ``(iii) Payment of penalties to
franchising authority.--The Commission shall
order any cable operator subject to a
forfeiture penalty under this subsection to pay
the penalty directly to the franchising
authority involved.</DELETED>
<DELETED> ``(i) Child Pornography.--Not later than 180 days after
the date of enactment of this section, the Commission shall promulgate
regulations to require a cable operator with a national franchise under
this section to prevent the distribution of child pornography (as such
term is defined in section 254(h)(7)(F)) over its network.</DELETED>
<DELETED> ``(j) Leased Access.--The provisions of section 612(i)
regarding the carriage of programming from a qualified minority
programming source or from any qualified educational programming source
shall apply to a cable operator franchised under this section to
provide cable service in a franchise area.</DELETED>
<DELETED> ``(k) Applicability of Other Provisions.--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 shall not apply in a franchise area to a person or
group franchised under this section in such franchise area, or confer
any authority to regulate or impose obligations on such person or group
in such franchise area: Sections 611(a), 611(b), 611(c), 613(a), 617,
621 (other than subsections (b)(3)(A), (b)(3)(B), (b)(3)(C), and (c)),
624(b), 624(c), 624(h), 625, 626, 627, and 632(a).</DELETED>
<DELETED> ``(l) Emergency Alerts.--Nothing in this section shall be
construed to prohibit a State or local government from accessing the
emergency alert system of a cable operator with a franchise under this
section in the area served by the State or local government to transmit
local or regional emergency alerts.</DELETED>
<DELETED> ``(m) Reporting, Records, and Audits.--</DELETED>
<DELETED> ``(1) Reporting.--A cable operator with a
franchise under this section to provide cable service in a
franchise area shall make such periodic reports to the
Commission and the franchising authority for such franchise
area as the Commission may require to verify compliance with
the fee obligations of subsections (c)(1) and (e)(2).</DELETED>
<DELETED> ``(2) Availability of books and records.--Upon
request under paragraph (3) by a franchising authority for a
franchise area, and upon request by the Commission, a cable
operator with a national franchise for such franchise area
shall make available its books and records to periodic audit by
such franchising authority or the Commission,
respectively.</DELETED>
<DELETED> ``(3) Franchising authority audit procedure.--A
franchising authority may, upon reasonable written request, but
no more than once in any 12-month period, review the business
records of such cable operator to the extent reasonably
necessary to ensure payment of the fees required by subsections
(c)(1) and (e)(2). Such review may include the methodology used
by such cable operator to assign portions of the revenue from
cable service that may be bundled or functionally integrated
with other services, capabilities, or applications. Such review
shall be conducted in accordance with procedures established by
the Commission.</DELETED>
<DELETED> ``(4) Cost recovery.--</DELETED>
<DELETED> ``(A) To the extent that the review under
paragraph (3) identifies an underpayment of an amount
meeting the minimum percentage specified in
subparagraph (B) of the fee required under subsection
(c)(1) or (e)(2) for the period of review, the cable
operator shall reimburse the franchising authority the
reasonable costs of any such review conducted by an
independent third party, as determined by the
Commission, with respect to such fee. The costs of any
contingency fee arrangement between the franchising
authority and the independent reviewer shall not be
subject to reimbursement.</DELETED>
<DELETED> ``(B) The Commission shall determine by
rule the minimum percentage underpayment that requires
cost reimbursement under subparagraph (A).</DELETED>
<DELETED> ``(5) Limitation.--Any fee that is not reviewed by
a franchising authority within 3 years after it is paid or
remitted shall not be subject to later review by the
franchising authority under this subsection and shall be deemed
accepted in full payment by the franchising
authority.</DELETED>
<DELETED> ``(6) Fee dispute resolution.--</DELETED>
<DELETED> ``(A) Complaint.--A franchising authority
or a cable operator may file a complaint at the
Commission to resolve a dispute between such authority
and operator with respect to the amount of any fee
required under subsection (c)(1) or (e)(2) if--
</DELETED>
<DELETED> ``(i) the franchising authority or
the cable operator provides the other entity
written notice of such dispute; and</DELETED>
<DELETED> ``(ii) the franchising authority
and the cable operator have not resolved the
dispute within 90 calendar days after receipt
of such notice.</DELETED>
<DELETED> ``(B) Meetings.--Within 30 calendar days
after receipt of notice of a dispute provided pursuant
to subparagraph (A)(i), representatives of the
franchising authority and the cable operator, with
authority to resolve the dispute, shall meet to attempt
to resolve the dispute.</DELETED>
<DELETED> ``(C) Limitation.--A complaint under
subparagraph (A) shall be filed not later than 3 years
after the end of the period to which the disputed
amount relates, unless such time is extended by written
agreement between the franchising authority and cable
operator.</DELETED>
<DELETED> ``(D) Resolution.--The Commission shall
issue an order resolving any complaint filed under
subparagraph (A) within 90 days of filing.</DELETED>
<DELETED> ``(n) Access to Programming for Shared Facilities.--
</DELETED>
<DELETED> ``(1) Prohibition.--A cable programming vendor in
which a cable operator has an attributable interest shall not
deny a cable operator with a national franchise under this
section access to video programming solely because such cable
operator with a national franchise uses a headend for its cable
system that is also used, under a shared ownership or leasing
agreement, as the headend for another cable system.</DELETED>
<DELETED> ``(2) Definition.--The term `cable programming
vendor' means a person engaged in the production, creation, or
wholesale distribution for sale of video programming which is
primarily intended for the direct receipt by cable operators
for their retransmission to cable subscribers.</DELETED>
<DELETED> ``(o) Gross Revenues.--As used in this section:</DELETED>
<DELETED> ``(1) In general.--Subject to paragraphs (2) and
(3), the term `gross revenues' means all consideration of any
kind or nature, including cash, credits, property, and in-kind
contributions (services or goods) received by the cable
operator from the provision of cable service within the
franchise area.</DELETED>
<DELETED> ``(2) Included items.--Subject to paragraph (3),
the term `gross revenues' shall include the
following:</DELETED>
<DELETED> ``(A) all charges and fees paid by
subscribers for the provision of cable service,
including fees attributable to cable service when sold
individually or as part of a package or bundle, or
functionally integrated, with services other than cable
service;</DELETED>
<DELETED> ``(B) any franchise fee imposed on the
cable operator that is passed on to
subscribers;</DELETED>
<DELETED> ``(C) compensation received by the cable
operator for promotion or exhibition of any products or
services over the cable service, such as on `home
shopping' or similar programming;</DELETED>
<DELETED> ``(D) revenue received by the cable
operator as compensation for carriage of video
programming or other programming service on that
operator's cable service;</DELETED>
<DELETED> ``(E) all revenue derived from the cable
operator's cable service pursuant to compensation
arrangements for advertising; and</DELETED>
<DELETED> ``(F) any advertising commissions paid to
an affiliated third party for cable services
advertising.</DELETED>
<DELETED> ``(3) Excluded items.--The term `gross revenues'
shall not include the following:</DELETED>
<DELETED> ``(A) any revenue not actually received,
even if billed, such as bad debt net of any recoveries
of bad debt;</DELETED>
<DELETED> ``(B) refunds, rebates, credits, or
discounts to subscribers or a municipality to the
extent not already offset by subparagraph (A) and to
the extent such refund, rebate, credit, or discount is
attributable to the cable service;</DELETED>
<DELETED> ``(C) subject to paragraph (4), any
revenues received by the cable operator or its
affiliates from the provision of services or
capabilities other than cable service, including
telecommunications services, Internet access services,
and services, capabilities, and applications that may
be sold as part of a package or bundle, or functionally
integrated, with cable service;</DELETED>
<DELETED> ``(D) any revenues received by the cable
operator or its affiliates for the provision of
directory or Internet advertising, including yellow
pages, white pages, banner advertisement, and
electronic publishing;</DELETED>
<DELETED> ``(E) any amounts attributable to the
provision of cable service to customers at no charge,
including the provision of such service to public
institutions without charge;</DELETED>
<DELETED> ``(F) any tax, fee, or assessment of
general applicability imposed on the customer or the
transaction by a Federal, State, or local government or
any other governmental entity, collected by the
provider, and required to be remitted to the taxing
entity, including sales and use taxes and utility user
taxes;</DELETED>
<DELETED> ``(G) any forgone revenue from the
provision of cable service at no charge to any person,
except that any forgone revenue exchanged for trades,
barters, services, or other items of value shall be
included in gross revenue;</DELETED>
<DELETED> ``(H) sales of capital assets or surplus
equipment;</DELETED>
<DELETED> ``(I) reimbursement by programmers of
marketing costs actually incurred by the cable operator
for the introduction of new programming; and</DELETED>
<DELETED> ``(J) the sale of cable services for
resale to the extent the purchaser certifies in writing
that it will resell the service and pay a franchise fee
with respect thereto.</DELETED>
<DELETED> ``(4) Functionally integrated services.--In the
case of a cable service that is bundled or integrated
functionally with other services, capabilities, or
applications, the portion of the cable operator's revenue
attributable to such other services, capabilities, or
applications shall be included in gross revenue unless the
cable operator can reasonably identify the division or
exclusion of such revenue from its books and records that are
kept in the regular course of business.</DELETED>
<DELETED> ``(5) Affiliate revenue.--Revenue of an affiliate
shall be included in the calculation of gross revenues to the
extent the treatment of such revenue as revenue of the
affiliate has the effect (whether intentional or unintentional)
of evading the payment of franchise fees which would otherwise
be paid for cable service.</DELETED>
<DELETED> ``(6) Affect on other law.--Nothing in this
section is intended to limit a franchising authority's rights
pursuant to section 622(h).</DELETED>
<DELETED> ``(p) Additional Definitions.--For purposes of this
section:</DELETED>
<DELETED> ``(1) Cable operator.--The term `cable operator'
has the meaning provided in section 602(5) except that such
term also includes a person or group with a national franchise
under this section.</DELETED>
<DELETED> ``(2) Franchise fee.--</DELETED>
<DELETED> ``(A) The term `franchise fee' includes
any fee or assessment of any kind imposed by a
franchising authority or other governmental entity on a
person or group providing cable service in a franchise
area under this section, or on a subscriber of such
person or group, or both, solely because of their
status as such.</DELETED>
<DELETED> ``(B) The term `franchise fee' does not
include--</DELETED>
<DELETED> ``(i) any tax, fee, or assessment
of general applicability (including any such
tax, fee, or assessment imposed on both
utilities and a person or group providing cable
service in a franchise area under this section
(or the services of such person or group) but
not including a fee or assessment which is
unduly discriminatory against such person or
group or the subscribers of such person or
group);</DELETED>
<DELETED> ``(ii) any fee assessed under
subsection (e)(2) for support of public,
educational, and governmental use and
institutional networks (as such term is defined
in section 611(f));</DELETED>
<DELETED> ``(iii) requirements or charges
under subsection (f)(2) for the management of
public rights-of-way, including payments for
bonds, security funds, letters of credit,
insurance, indemnification, penalties, or
liquidated damages; or</DELETED>
<DELETED> ``(iv) any fee imposed under title
17, United States Code.</DELETED>
<DELETED> ``(3) Internet access service.--The term `Internet
access service' means a service that enables users to access
content, information, electronic mail, or other services
offered over the Internet.</DELETED>
<DELETED> ``(4) Unit of general local government.--The term
`unit of general local government' means--</DELETED>
<DELETED> ``(A) a county, township, city, or
political subdivision of a county, township, or
city;</DELETED>
<DELETED> ``(B) the District of Columbia;
or</DELETED>
<DELETED> ``(C) the recognized governing body of an
Indian tribe or Alaskan Native village that carries out
substantial governmental duties and
powers.''.</DELETED>
<DELETED> (b) Implementing Regulations.--The Federal Communications
Commission shall prescribe regulations to implement the amendment made
by subsection (a) within 120 days after the date of enactment of this
Act.</DELETED>
<DELETED>SEC. 102. DEFINITIONS.</DELETED>
<DELETED> Section 602 of the Communications Act of 1934 (47 U.S.C.
522) is amended--</DELETED>
<DELETED> (1) in paragraph (4), by inserting before the
semicolon at the end the following: ``, or its equivalent as
determined by the Commission'';</DELETED>
<DELETED> (2) in paragraph (5)(A), by inserting
``(regardless of whether such person or group provides such
service separately or combined with a telecommunications
service or information service)'' after ``over a cable
system'';</DELETED>
<DELETED> (3) by striking paragraph (6) and inserting the
following:</DELETED>
<DELETED> ``(6) the term `cable service' means--</DELETED>
<DELETED> ``(A)(i) the one-way transmission to
subscribers of (I) video programming, or (II) other
programming service; and</DELETED>
<DELETED> ``(ii) subscriber interaction, if any,
which is required for the selection or use of such
video programming or other programming service;
or</DELETED>
<DELETED> ``(B) the transmission to subscribers of
video programming or other programming service provided
through wireline facilities located at least in part in
the public rights-of-way, without regard to delivery
technology, including Internet protocol technology,
except to the extent that such video programming or
other programming service is provided as part of--
</DELETED>
<DELETED> ``(i) a commercial mobile service
(as such term is defined in section 332(d));
or</DELETED>
<DELETED> ``(ii) an Internet access service
(as such term is defined in section
630(p));'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (5) in paragraph (9)--</DELETED>
<DELETED> (A) by inserting ``(A)'' after ``means'';
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 103. MONITORING AND REPORTING.</DELETED>
<DELETED> (a) Report on Cable Service Deployment.--The Federal
Communications Commission shall, commencing not later than one year
after the date of enactment of this Act, issue a report annually on the
deployment of cable service pursuant to the amendments made by this
title. In its report, the Commission shall describe in detail--
</DELETED>
<DELETED> (1) with respect to deployment by new cable
operators--</DELETED>
<DELETED> (A) the progress of deployment of such
service within the telephone service area of cable
operators, if the operator is also an incumbent local
exchange carrier, including a comparison with the
progress of deployment of broadband services not
defined as cable services within such telephone service
area;</DELETED>
<DELETED> (B) the number of franchise areas in which
such service is being deployed and offered;</DELETED>
<DELETED> (C) where such service is not being
deployed and offered; and</DELETED>
<DELETED> (D) the number and locations of franchise
areas in which the cable operator is serving only a
portion of the franchise area, and the extent of such
service within the franchise area;</DELETED>
<DELETED> (2) the number and locations of franchise areas in
which a cable operator with a franchise under section 621 of
the Communications Act of 1934 (47 U.S.C. 541) on the date of
enactment of this Act withdraws service from any portion of the
franchise area for which it previously offered service, and the
extent of such withdrawal of service within the franchise
area;</DELETED>
<DELETED> (3) the rates generally charged for cable
service;</DELETED>
<DELETED> (4) the rates charged by overlapping, competing
multichannel video programming distributors and by competing
cable operators for comparable service or cable
service;</DELETED>
<DELETED> (5) the average household income of those
franchise areas or portions of franchise areas where cable
services is being offered, and the average household income of
those franchise areas, or portions of franchise areas, where
cable service is not being offered;</DELETED>
<DELETED> (6) the proportion of rural households to urban
households, as defined by the Bureau of the Census, in those
franchise areas or portions of franchise areas where cable
service is being offered, and the proportion of rural
households to urban households in those franchise areas or
portions of franchise areas where cable service is not being
offered, including a State-by-State breakdown of such data and
a comparison with the overall ratio of rural and urban
households in each State; and</DELETED>
<DELETED> (7) a comparison of the services and rates in
areas served by national franchisees under section 630 of the
Communications Act of 1934 (as added by section 101 of this
Act) and the services and rates in other areas.</DELETED>
<DELETED> (b) Cable Operator Reports.--The Federal Communications
Commission is authorized--</DELETED>
<DELETED> (1) to require cable operators to report to the
Commission all of the information that the Commission needs to
compile the report required by this section; and</DELETED>
<DELETED> (2) to require cable operators to file the same
information with the relevant franchising authorities and State
commissions.</DELETED>
<DELETED>SEC. 104. RULE OF CONSTRUCTION.</DELETED>
<DELETED> 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).</DELETED>
<DELETED>TITLE II--ENFORCEMENT OF BROADBAND POLICY STATEMENT</DELETED>
<DELETED>SEC. 201. ENFORCEMENT OF BROADBAND POLICY STATEMENT.</DELETED>
<DELETED> Title VII of the Communications Act of 1934 (47 U.S.C. 601
et seq.) is amended by adding at the end the following new
section:</DELETED>
<DELETED>``SEC. 715. ENFORCEMENT OF BROADBAND POLICY
STATEMENT.</DELETED>
<DELETED> ``(a) Authority.--The Commission shall have the authority
to enforce the Commission's broadband policy statement and the
principles incorporated therein.</DELETED>
<DELETED> ``(b) Enforcement.--</DELETED>
<DELETED> ``(1) In general.--This section shall be enforced
by the Commission under titles IV and V. A violation of the
Commission's broadband policy statement or the principles
incorporated therein shall be treated as a violation of this
Act.</DELETED>
<DELETED> ``(2) Maximum forfeiture penalty.--For purposes of
section 503, the maximum forfeiture penalty applicable to a
violation described in paragraph (1) of this subsection shall
be $500,000 for each violation.</DELETED>
<DELETED> ``(3) Adjudicatory authority.--The Commission
shall have exclusive authority to adjudicate any complaint
alleging a violation of the broadband policy statement and the
principles incorporated therein. The Commission shall complete
an adjudicatory proceeding under this subsection not later than
90 days after receipt of the complaint. If, upon completion of
an adjudicatory proceeding pursuant to this section, the
Commission determines that such a violation has occurred, the
Commission shall have authority to adopt an order to require
the entity subject to the complaint to comply with the
broadband policy statement and the principles incorporated
therein. Such authority shall be in addition to the authority
specified in paragraph (1) to enforce this section under titles
IV and V. In addition, the Commission shall have authority to
adopt procedures for the adjudication of complaints alleging a
violation of the broadband policy statement or principles
incorporated therein.</DELETED>
<DELETED> ``(4) Limitation.--Notwithstanding paragraph (1),
the Commission's authority to enforce the broadband policy
statement and the principles incorporated therein does not
include authorization for the Commission to adopt or implement
rules or regulations regarding enforcement of the broadband
policy statement and the principles incorporated therein, with
the sole exception of the authority to adopt procedures for the
adjudication of complaints, as provided in paragraph
(3).</DELETED>
<DELETED> ``(c) Study.--Within 180 days after the date of enactment
of this section, the Commission shall conduct, and submit to the House
Committee on Energy and Commerce and the Senate Committee on Commerce,
Science, and Transportation, a study regarding whether the objectives
of the broadband policy statement and the principles incorporated
therein are being achieved.</DELETED>
<DELETED> ``(d)(1) Rule of Construction.--Nothing in this section
shall be construed to modify, impair, or supersede the applicability of
the antitrust laws or the jurisdiction of the district courts of the
United States to hear claims arising under the antitrust
laws.</DELETED>
<DELETED> ``(2) Definition of Antitrust Laws.--The term `antitrust
laws' has the meaning given it in subsection (a) of the first section
of the Clayton Act (15 U.S.C. 12(a)), except that such term includes
section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the
extent that such section 5 applies to unfair methods of
competition.</DELETED>
<DELETED> ``(e) Definition.--For purposes of this section, the term
`Commission's broadband policy statement' means the policy statement
adopted on August 5, 2005, and issued on September 23, 2005, In the
Matters of Appropriate Framework for Broadband Access to the Internet
over Wireline Facilities, and other Matters (FCC 05-151; CC Docket No.
02-33; CC Docket No. 01-337; CC Docket Nos. 95-20, 98-10; GN Docket No.
00-185; CS Docket No. 02-52).''.</DELETED>
<DELETED>TITLE III--VOIP/911</DELETED>
<DELETED>SEC. 301. EMERGENCY SERVICES; INTERCONNECTION.</DELETED>
<DELETED> Title VII of the Communications Act of 1934 (47 U.S.C. 601
et seq.) is further amended by adding after section 715 (as added by
section 201 of this Act) the following new sections:</DELETED>
<DELETED>``SEC. 716. EMERGENCY SERVICES.</DELETED>
<DELETED> ``(a) 911 and E-911 Services.--</DELETED>
<DELETED> ``(1) In general.--Each VOIP service provider has
a duty to ensure that 911 and E-911 services are provided to
subscribers of VOIP services.</DELETED>
<DELETED> ``(2) Use of existing regulations.--A VOIP service
provider that complies with the Commission's regulations
requiring providers of VOIP service to supply 911 and E911
capabilities to their customers (Report and Order in WC Docket
Nos. 04-36 and 05-196) and that are in effect on the date of
enactment of this section shall be considered to be in
compliance with the requirements of this section, other than
subsection (c), until such regulations are modified or
superseded by subsequent regulations.</DELETED>
<DELETED> ``(b) Non-Discriminatory Access to Capabilities.--
</DELETED>
<DELETED> ``(1) Access.--Each incumbent local exchange
carrier (as such term is defined in section 251(h)) or
government entity with ownership or control of the necessary E-
911 infrastructure shall provide any requesting VOIP service
provider with nondiscriminatory access to such infrastructure.
Such carrier or entity shall provide access to the
infrastructure at just and reasonable, nondiscriminatory rates,
terms, and conditions. Such access shall be consistent with
industry standards established by the National Emergency Number
Association or other applicable industry standards
organizations.</DELETED>
<DELETED> ``(2) Enforcement.--The Commission or a State
commission may enforce the requirements of this subsection and
the Commission's regulations thereunder. A VOIP service
provider may obtain access to such infrastructure pursuant to
section 717 by asserting the rights described in such
section.</DELETED>
<DELETED> ``(c) New Customers.--A VOIP service provider shall make
911 service available to new customers within a reasonable time in
accordance with the following requirements:</DELETED>
<DELETED> ``(1) Connection to selective router.--For all new
customers not within the geographic areas where a VOIP service
provider can immediately provide 911 service to the
geographically appropriate PSAP, a VOIP service provider, or
its third party vendor, shall have no more than 30 days from
the date the VOIP provider has acquired a customer to order
service providing connectivity to the selective router so that
911 service, or E911 service where the PSAP is capable of
receiving and processing such information, can be provided
through the selective router.</DELETED>
<DELETED> ``(2) Interim service.--For all new customers not
within the geographic areas where the VOIP service provider can
immediately provide 911 service to the geographically
appropriate PSAP, a VOIP service provider shall provide 911
service through--</DELETED>
<DELETED> ``(A) an arrangement mutually agreed to by
the VOIP service provider and the PSAP or PSAP
governing authority; or</DELETED>
<DELETED> ``(B) an emergency response center with
national call routing capabilities.</DELETED>
<DELETED>Such service shall be provided 24 hours a day from the
date a VOIP service provider has acquired a customer until the
VOIP service provider can provide 911 service to the
geographically appropriate PSAP.</DELETED>
<DELETED> ``(3) Notice.--Before providing service to any new
customer not within the geographic areas where the VOIP service
provider can immediately provide 911 service to the
geographically appropriate PSAP, a VOIP service provider shall
provide such customer with clear notice that 911 service will
be available only as described in paragraph (2).</DELETED>
<DELETED> ``(4) Restriction on acquisition of new
customers.--A VOIP service provider may not acquire new
customers within a geographic area served by a selective router
if, within 180 days of first acquiring a new customer in the
area served by the selective router, the VOIP service provider
does not provide 911 service, or E911 service where the PSAP is
capable of receiving and processing such information, to the
geographically appropriate PSAP for all existing customers
served by the selective router.</DELETED>
<DELETED> ``(5) Enforcement: no first warnings.--Paragraph
(5) of section 503(b) shall not apply to the assessment of
forfeiture penalties for violations of this subsection or the
regulations thereunder.</DELETED>
<DELETED> ``(d) State Authority.--Nothing in this 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-
discriminatory basis for the support of 911 and E-911 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 E-911 services
or enhancements of such services.</DELETED>
<DELETED> ``(e) Feasibility.--In establishing requirements or
obligations under subsections (a) and (b), the Commission shall ensure
that such standards impose requirements or obligations on VOIP service
providers and entities with ownership or control of necessary E-911
infrastructure that the Commission determines are technologically and
operationally feasible. In determining the requirements and obligations
that are technologically and operationally feasible, the Commission
shall take into consideration available industry technological and
operational standards.</DELETED>
<DELETED> ``(f) Progress Reports.--To the extent that the Commission
concludes that it is not technologically or operationally feasible for
VOIP service providers to comply with E-911 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 E-911 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.</DELETED>
<DELETED> ``(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 E-911 infrastructure, for
the purpose of assisting providers in complying with the requirements
of this section.</DELETED>
<DELETED> ``(h) Emergency Routing Number Administrator.--Within 30
days after the date of enactment of this section, the Federal
Communications Commission shall establish an emergency routing number
administrator to enable VOIP service providers to acquire non-dialable
pseudo-automatic number identification numbers for 9-1-1 routing
purposes on a national scale. The Commission may adopt such rules and
practices as are necessary to guide such administrator in the fair and
expeditious assignment of these numbers.</DELETED>
<DELETED> ``(i) Emergency Response Systems.--</DELETED>
<DELETED> ``(1) Notice prior to installation or number
activation of voip service.--Prior to installation or number
activation of VOIP service for a customer, a VOIP service
provider shall provide clear and conspicuous notice to the
customer that--</DELETED>
<DELETED> ``(A) such customer should arrange with
his or her emergency response system provider, if any,
to test such system after installation;</DELETED>
<DELETED> ``(B) such customer should notify his or
her emergency response system provider after VOIP
service is installed; and</DELETED>
<DELETED> ``(C) a battery backup is required for
customer premises equipment installed in connection
with the VOIP service in order for the signaling of
such system to function in the event of a power
outage.</DELETED>
<DELETED> ``(2) Definition.--In this subsection:</DELETED>
<DELETED> ``(A) The term `emergency response system'
means an alarm or security system, or personal security
or medical monitoring system, that is connected to an
emergency response center by means of a
telecommunications carrier or VOIP service
provider.</DELETED>
<DELETED> ``(B) The term `emergency response center'
means an entity that monitors transmissions from an
emergency response system.</DELETED>
<DELETED> ``(j) Migration to IP-Enabled Emergency Network.--
</DELETED>
<DELETED> ``(1) National report.--No more than 18 months
after the date of the enactment of this section, the National
911 Implementation and Coordination Office shall develop a
report to Congress on migrating to a national IP-enabled
emergency network capable of receiving and responding to all
citizen activated emergency communications.</DELETED>
<DELETED> ``(2) Contents of report.--The report required by
paragraph (1) shall--</DELETED>
<DELETED> ``(A) outline the potential benefits of
such a migration;</DELETED>
<DELETED> ``(B) identify barriers that must be
overcome and funding mechanisms to address those
barriers;</DELETED>
<DELETED> ``(C) include a proposed timetable, an
outline of costs and potential savings;</DELETED>
<DELETED> ``(D) provide recommendations on specific
legislative language,</DELETED>
<DELETED> ``(E) provide recommendations on any
legislative changes, including updating definitions, to
facilitate a national IP-enabled emergency network;
and</DELETED>
<DELETED> ``(F) assess, collect, and analyze the
experiences of the PSAPs and related public safety
authorities who are conducting trial deployments of IP-
enabled emergency networks as of the date of enactment
of this section.</DELETED>
<DELETED> ``(3) Consultation.--In developing the report
required by paragraph (1), the Office shall consult with
representatives of the public safety community, technology and
telecommunications providers, and others it deems
appropriate.</DELETED>
<DELETED> ``(k) Implementation.--</DELETED>
<DELETED> ``(1) Deadline.--The Commission shall prescribe
regulations to implement this section within 120 days after the
date of enactment of this section.</DELETED>
<DELETED> ``(2) Limitation.--Nothing in this section shall
be construed to permit the Commission to issue regulations that
require or impose a specific technology or technological
standard.</DELETED>
<DELETED> ``(l) Definitions.--For purposes of this
section:</DELETED>
<DELETED> ``(1) VOIP service.--The term `VOIP service' means
a service that--</DELETED>
<DELETED> ``(A) provides real-time 2-way voice
communications transmitted through customer premises
equipment using TCP/IP protocol, or a successor
protocol (including when the voice communication is
converted to or from TCP/IP protocol by the VOIP
service provider and transmitted to the subscriber
without use of circuit switching), for a fee or without
a fee;</DELETED>
<DELETED> ``(B) is offered to the public, or such
classes of users as to be effectively available to the
public (whether part of a bundle of services or
separately); and</DELETED>
<DELETED> ``(C) has the capability so that the
service can originate traffic to, and terminate traffic
from, the public switched telephone network.</DELETED>
<DELETED> ``(2) VOIP service provider.--The term `VOIP
service provider' means any person who provides or offers to
provide a VOIP service.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Non-dialable pseudo-automatic number
identification number.--The term `non-dialable pseudo-automatic
number identification number' means a number, consisting of the
same number of digits as numbers used for automatic number
identification, that is not a North American Numbering Plan
telephone directory number and that may be used in place of an
automatic number identification number to convey special
meaning. The special meaning assigned to the non-dialable
pseudo-automatic number identification number is determined by
nationally standard agreements, or by individual agreements, as
necessary, between the system originating the call,
intermediate systems handling and routing the call, and the
destination system.</DELETED>
<DELETED>``SEC. 717. RIGHTS AND OBLIGATIONS OF VOIP SERVICE
PROVIDERS.</DELETED>
<DELETED> ``(a) In General.--</DELETED>
<DELETED> ``(1) Facilities-based voip service providers.--A
facilities-based VOIP service provider shall have the same
rights, duties, and obligations as a requesting
telecommunications carrier under sections 251 and 252, if the
provider elects to assert such rights.</DELETED>
<DELETED> ``(2) Voip service providers.--A VOIP service
provider that is not a facilities-based VOIP service provider
shall have only the same rights, duties, and obligations as a
requesting telecommunications carrier under sections 251(b),
251(e), and 252, if the provider elects to assert such
rights.</DELETED>
<DELETED> ``(3) Clarifying treatment of voip service.--A
telecommunications carrier may use interconnection, services,
and network elements obtained pursuant to sections 251 and 252
from an incumbent local exchange carrier (as such term is
defined in section 251(h)) to exchange VOIP service traffic
with such incumbent local exchange carrier regardless of the
provider originating such VOIP service traffic, including an
affiliate of such telecommunications carrier.</DELETED>
<DELETED> ``(b) Disabled Access.--A VOIP service provider or a
manufacturer of VOIP service equipment shall have the same rights,
duties, and obligations as a telecommunications carrier or
telecommunications equipment manufacturer, respectively, under sections
225, 255, and 710 of the Act. 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. In implementing
this subsection, the Commission shall consider whether a VOIP service
provider or manufacturer of VOIP service equipment primarily markets
such service or equipment as a substitute for telecommunications
service, telecommunications equipment, customer premises equipment, or
telecommunications relay services.</DELETED>
<DELETED> ``(c) Definitions.--For purposes of this
section:</DELETED>
<DELETED> ``(1) Facilities-based voip service provider.--The
term `facilities-based VOIP service provider' means an entity
that provides VOIP service over a physical facility that
terminates at the end user's location and which such entity or
an affiliate owns or over which such entity or affiliate has
exclusive use. An entity or affiliate shall be considered a
facilities-based VOIP service provider only in those geographic
areas where such terminating physical facilities are
located.</DELETED>
<DELETED> ``(2) Voip service provider; voip service.--The
terms `VOIP service provider' and `VOIP service' have the
meanings given such terms by section 716(l).''.</DELETED>
<DELETED>SEC. 302. COMPENSATION AND CONTRIBUTION.</DELETED>
<DELETED> (a) Rule of Construction.--Nothing in this Act (including
the amendments made by this Act) shall be construed to exempt a VOIP
service provider from requirements imposed by the Federal
Communications Commission or a State commission on all VOIP service
providers to--</DELETED>
<DELETED> (1) pay appropriate compensation for the
transmission of a VOIP service over the facilities and
equipment of another provider; or</DELETED>
<DELETED> (2) contribute on an equitable and non-
discriminatory basis to the preservation and advancement
of universal service.</DELETED>
<DELETED> (b) Definitions.--As used in this section--</DELETED>
<DELETED> (1) the terms ``VOIP service provider'' and ``VOIP
service'' have the meanings given such terms in section 716(h)
of the Communications Act of 1934, as added by section 301 of
this Act; and</DELETED>
<DELETED> (2) the term ``State commission'' has the meaning
given such term in section 3 of the Communications Act of 1934
(47 U.S.C. 153).</DELETED>
<DELETED>TITLE IV--MUNICIPAL PROVISION OF SERVICES</DELETED>
<DELETED>SEC. 401. GOVERNMENT AUTHORITY TO PROVIDE SERVICES.</DELETED>
<DELETED> (a) In General.--Neither the Communications Act of 1934
nor any State statute, regulation, or other State legal requirement may
prohibit or have the effect of prohibiting any public provider of
telecommunications service, information service, or cable service (as
such terms are defined in sections 3 and 602 of such Act) from
providing such services to any person or entity.</DELETED>
<DELETED> (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 telecommunications
service, information service, or cable service 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.</DELETED>
<DELETED> (c) Compliance With Other Laws not Affected.--Nothing in
this section shall exempt a public provider from any law or regulation
that applies to providers of telecommunications service, information
service, or cable service.</DELETED>
<DELETED> (d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Federal Communications Commission shall
submit to the Congress a report on the status of the provision of
telecommunications service, information service, and cable service by
States and political subdivisions thereof.</DELETED>
<DELETED> (e) 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
telecommunications service, information service, or cable service, or
any entity that is owned, controlled, or is otherwise affiliated with
such State or political subdivision thereof, or agency, authority, or
instrumentality of a State or political subdivision thereof.</DELETED>
<DELETED>TITLE V--BROADBAND SERVICE</DELETED>
<DELETED>SEC. 501. STAND-ALONE BROADBAND SERVICE.</DELETED>
<DELETED> Title VII of the Communications Act of 1934 (47 U.S.C. 601
et seq.) is further amended by adding after section 717 (as added by
section 301 of this Act) the following new section:</DELETED>
<DELETED>``SEC. 718. STAND-ALONE BROADBAND SERVICE.</DELETED>
<DELETED> ``(a) Prohibition.--A broadband service provider shall not
require a subscriber, as a condition on the purchase of any broadband
service the provider offers, to purchase any cable service,
telecommunications service, or VOIP service offered by the
provider.</DELETED>
<DELETED> ``(b) Definitions.--In this section:</DELETED>
<DELETED> ``(1) The term `broadband service' means a two-way
transmission service that connects to the Internet and
transmits information at an average rate of at least 200
kilobits per second in at least one direction.</DELETED>
<DELETED> ``(2) The term `broadband service provider' means
a person or entity that controls, operates, or resells and
controls any facility used to provide broadband service to the
public, by whatever technology and whether provided for a fee,
in exchange for an explicit benefit, or for free.</DELETED>
<DELETED> ``(3) The term `VOIP service' has the meaning
given such term by section 716(l).''.</DELETED>
<DELETED>SEC. 502. STUDY OF INTERFERENCE POTENTIAL OF BROADBAND OVER
POWER LINE SYSTEMS.</DELETED>
<DELETED> Within 90 days after the date of enactment of this Act,
the Federal Communications Commission shall conduct, and submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate, a
study of the interference potential of broadband over power line
systems.</DELETED>
<DELETED>TITLE VI--SEAMLESS MOBILITY</DELETED>
<DELETED>SEC. 601. DEVELOPMENT OF SEAMLESS MOBILITY.</DELETED>
<DELETED> (a) Streamlined Review.--</DELETED>
<DELETED> (1) The Commission shall further the development
of seamless mobility.</DELETED>
<DELETED> (2) Within 120 days after the date of enactment of
this Act, the Commission shall implement a process for
streamlined review and authorization of multi-mode devices that
permit communication across multiple Internet protocol-enabled
broadband platforms, facilities, and networks.</DELETED>
<DELETED> (b) Study.--The Commission shall undertake an inquiry to
identify barriers to the achievement of seamless mobility. Within 180
days after the date of enactment of this Act, the Commission shall
report to the Congress on its findings and its recommendations for
steps to eliminate those barriers.</DELETED>
<DELETED> (c) Definitions.--For purposes of this section, the term
``seamless mobility'' means the ability of a communications device to
select between and utilize multiple Internet protocol-enabled
technology platforms, facilities, and networks in a real-time manner to
provide a unified service.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Telecommunications and
Opportunities Reform Act'' or the ``Communications Act of 2006''.
SEC. 2. AMENDMENT OF COMMUNICATIONS ACT OF 1934.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Communications Act of
1934 (47 U.S.C. 151 et seq.).
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Amendment of Communications Act of 1934.
Sec. 3. Table of contents.
TITLE I--WAR ON TERRORISM
Subtitle A--Call Home
Sec. 101. Telephone rates for members of armed forces deployed abroad.
Sec. 102. Repeal of existing authorization.
Subtitle B--Interoperability
Sec. 151. Interoperable emergency communications.
Sec. 152. Transfer of Public Safety Grant Program to the Department of
Homeland Security.
Sec. 153. Public safety interoperable communications grants.
Sec. 154. Eligibility of IP-enabled services.
TITLE II--UNIVERSAL SERVICE REFORM; INTERCONNECTION
Sec. 201. Short title.
Subtitle A--Contributions to Universal Service
Sec. 211. Stabilization of universal service funding.
Sec. 212. Modification of rural video service exemption.
Sec. 213. Interconnection.
Sec. 214. Treatment of substitute services under section 254(g).
Subtitle B--Distributions from Universal Service
Sec. 251. Encouraging broadband deployment.
Sec. 252. Establishment of broadband program.
Sec. 253. Competitive neutrality principle.
Sec. 254. Transition rules for modifications adversely affecting
carriers.
Sec. 255. Eligibility guidelines.
Sec. 256. Primary line.
Sec. 257. Phantom traffic.
Sec. 258. Random audits.
Sec. 259. Integrity and accountability.
Sec. 260. Improving effectiveness of rural health care support
mechanism.
Sec. 261. Communications services for libraries.
Sec. 262. USF support for insular areas.
TITLE III--STREAMLINING THE FRANCHISING PROCESS
Sec. 301. Short title.
Subtitle A--Updating the 1934 Act and Leveling the Regulatory Playing
Field
Sec. 311. Application of title VI to video services and video service
providers.
Sec. 312. Franchise applications; scope.
Sec. 313. Standard franchise application form.
Sec. 314. Definitions.
Sec. 315. Family tier study.
Sec. 316. Notice of inquiry on violent programming.
Subtitle B--Streamlining the Provision of Video Services
Sec. 331. Franchise requirements and related provisions.
Sec. 332. Renewal; revocation.
Sec. 333. PEG and institutional network obligations.
Sec. 334. Services, facilities, and equipment.
Sec. 335. Shared facilities.
Sec. 336. Consumer protection and customer service.
Sec. 337. Redlining.
Sec. 338. Application of section 503(b).
Sec. 339. Application of title VII cable provisions to video services.
Sec. 340. Children's Television Act amendment.
Subtitle C--Miscellaneous and Conforming Amendments
Sec. 351. Miscellaneous amendments.
Subtitle D--Effective Dates and Transition Rules
Sec. 381. Effective dates; phase-in.
TITLE IV--VIDEO CONTENT
Subtitle A--National Satellite
Sec. 401. Availability of certain licensed services in noncontiguous
States.
Subtitle B--Video and Audio Flag
Sec. 451. Short title.
Sec. 452. Protection of digital broadcast video content.
Sec. 453. Protection of digital audio broadcasting content.
Sec. 454. Digital Audio Review Board.
TITLE V--MUNICIPAL BROADBAND
Sec. 501. Short title.
Sec. 502. State regulation of municipal broadband networks.
TITLE VI--WIRELESS INNOVATION NETWORKS
Sec. 601. Short title.
Sec. 602. Eligible television spectrum made available for wireless use.
TITLE VII--DIGITAL TELEVISION
Sec. 701. Analog and digital television sets and converter boxes;
consumer education and requirements to
reduce the government cost of the converter
box program.
Sec. 702. Digital stream requirement for the blind.
Sec. 703. Status of international coordination.
Sec. 704. Certain border stations.
TITLE VIII--PROTECTING CHILDREN
Sec. 801. Video transmission of child pornography.
Sec. 802. Additional child pornography amendments.
Sec. 803. Prevention of interactivity with commercial matter during
children's programming.
Sec. 804. FCC study of bus-casting.
TITLE IX--INTERNET CONSUMER BILL OF RIGHTS ACT
Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Consumer Internet bill of rights.
Sec. 904. Application of the First Amendment.
Sec. 905. Stand-alone Internet service shall be offered to the public.
Sec. 906. Network security, worms, viruses, denial of service, parental
controls, and blocking child pornography.
Sec. 907. Enforcement.
Sec. 908. Commission prohibited from issuing regulations.
Sec. 909. FCC review.
Sec. 910. Exceptions.
Sec. 911. FCC to revisit broadband speeds.
Sec. 912. Protection of emergency communications.
Sec. 913. Definitions.
TITLE X--MISCELLANEOUS
Sec. 1001. Commissioner participation in forums and meetings.
Sec. 1002. Office of Indian Affairs.
Sec. 1003. Office of Consumer Advocate.
Sec. 1004. Data on local competition in different product markets.
Sec. 1005. Improved enforcement options.
Sec. 1006. Mobile services term and conditions.
Sec. 1007. Severability.
Sec. 1008. Clarification of certain jurisdictional issues.
Sec. 1009. FCC to issue a further notice of proposed rulemaking before
changing broadcast media ownership rules.
Sec. 1010. Diversity in media ownership.
Sec. 1011. Broadband reporting requirements.
Sec. 1012. Application of one-year restrictions to certain positions.
Sec. 1013. Internet Tax Freedom Act Amendment.
Sec. 1014. Status of E-911 Implementation and Coordination Office.
Sec. 1015. Federal Communications Commission telemedicine report.
Sec. 1016. Federal information and communications technology research.
Sec. 1017. Forbearance.
Sec. 1018. Deadline for certain Commission proceedings.
TITLE XI--LOCAL COMMUNITY RADIO ACT
Sec. 1101. Short title.
Sec. 1102. Repeal of prior law.
Sec. 1103. Minimum distance separation requirements.
Sec. 1104. Protection of radio reading services.
Sec. 1105. Ensuring availability of spectrum for LPFM stations.
Sec. 1106. Federal Communications Commission rules.
TITLE XII--CELL PHONE TAX MORATORIUM
Sec. 1201. Short title.
Sec. 1202. Moratorium.
TITLE XIII--TRUTH IN CALLER ID
Sec. 1301. Short title.
Sec. 1302. Prohibition regarding manipulation of caller identification
information.
TITLE XIV--RURAL WIRELESS AND BROADBAND SERVICE
Sec. 1401. Short title.
Sec. 1402. Small geographic licensing areas.
Sec. 1403. Report on the impact of secondary market transactions.
Sec. 1404. Radio spectrum review.
Sec. 1405. 700 MHz license areas.
Sec. 1406. No interference with DTV transition.
Sec. 1407. Effective date.
TITLE I--WAR ON TERRORISM
Subtitle A--Call Home
SEC. 101. TELEPHONE RATES FOR MEMBERS OF ARMED FORCES DEPLOYED ABROAD.
(a) In General.--The Federal Communications Commission shall take
such action as may be necessary to reduce the cost of calling home for
Armed Forces personnel who are stationed outside the United States
under official military orders or deployed outside the United States in
support of military operations, training exercises, or other purposes
as approved by the Secretary of Defense, including the reduction of
such costs through the waiver of government fees, assessments, or other
charges for such calls. The Commission may not regulate rates in order
to carry out this section.
(b) Factors To Consider.--In taking the action described in
subsection (a), the Commission, in coordination with the Department of
Defense and the Department of State, shall--
(1) evaluate and analyze the costs to Armed Forces
personnel of such telephone calls to and from military bases
abroad;
(2) evaluate methods of reducing the rates imposed on such
calls, including deployment of new technology such as voice
over Internet protocol or successor protocol technology;
(3) encourage providers of telecommunications to adopt
flexible billing procedures and policies for Armed Forces
personnel and their dependents for telephone calls to and from
such Armed Forces personnel; and
(4) seek agreements with foreign governments to reduce
international surcharges on such telephone calls.
(c) Definitions.--In this section:
(1) Armed forces.--The term ``Armed Forces'' has the
meaning given that term by section 2101(2) of title 5, United
States Code.
(2) Military base.--The term ``military base'' includes
official duty stations, including vessels, whether such vessels
are in port or underway outside of the United States.
SEC. 102. REPEAL OF EXISTING AUTHORIZATION.
Section 213 of the Telecommunications Authorization Act of 1992 (47
U.S.C. 201 note) is repealed.
Subtitle B--Interoperability
SEC. 151. INTEROPERABLE EMERGENCY COMMUNICATIONS.
(a) In General.--Section 3006 of Public Law 109-171 (47 U.S.C. 309
note) is amended by redesignating subsection (d) as subsection (i) and
by inserting after subsection (c) the following:
``(d) Interoperable Communications System Equipment Deployment.--
``(1) In general.--The Secretary of Homeland Security shall
allocate at least 25 percent of the funds made available to
carry out this section to make interoperable communications
system equipment grants for equipment that can utilize, or
enable interoperability with systems or networks that can
utilize, reallocated public safety spectrum.
``(2) Allocation of funds.--The Secretary shall allocate--
``(A) a majority of the amounts allocated under
paragraph (1) for distribution to public safety
agencies based on the threat and risk factors used by
the Secretary for the purposes of allocating
discretionary grants under the heading `Office for
Domestic Preparedness, State and Local Programs' in the
Department of Homeland Security Appropriations Act,
2006; and
``(B) the remainder equally to each State for
distribution by the States to public safety agencies.
``(3) Eligibility.--A State may not receive funds allocated
to it under paragraph (2) unless it has established a statewide
interoperable communications plan approved by the Secretary.
``(4) Use of funds.--A public safety agency shall use any
funds received under this subsection for the purchase of
interoperable communications system equipment and
infrastructure that is consistent with SAFECOM guidance,
including any standards that may be referenced by SAFECOM
guidance, and interoperable communications system equipment and
infrastructure that improves interoperability that uses
Internet protocol or any successor protocol.
``(e) Coordination, Planning, and Training Grant Initiative.--
``(1) In general.--The Secretary of Homeland Security shall
allocate at least 25 percent of the funds made available to
carry out this section for interoperable emergency
communications coordination, planning, and training grants. The
grants shall supplement, and be in addition to, any Federal
funds otherwise made available by grant or otherwise to the
States for emergency coordination, planning, or training.
``(2) Allocation.--The Secretary shall allocate--
``(A) a majority of the amounts allocated under
paragraph (1) for distribution to the States based on
the threat and risk factors used by the Secretary for
the purposes of allocating discretionary grants under
the heading ``Office for Domestic Preparedness, State
and Local Programs'' in the Department of Homeland
Security Appropriations Act, 2006; and
``(B) the remainder equally to each State for
distribution to public safety agencies.
``(3) Coordination, planning, and training guidelines.--A
State shall use its emergency communication coordination,
planning, and training grant to establish a statewide plan
consistent with the State communications interoperability
planning methodology developed by the SAFECOM program within
the Department of Homeland Security or a regional plan
established by a regional planning agency consistent with this
section and to establish training programs designed to ensure
effective implementation of coordination and interoperability
plans. In establishing the statewide plan, the Governor or the
Governor's designee shall consult with the Secretary of
Homeland Security or the Secretary of Homeland Security's
designee. A State shall submit its statewide plan to the
Federal Communications Commission and the Secretary of Homeland
Security.
``(4) Medical services.--As part of its statewide plan, a
State shall ensure that--
``(A) there are effective 2-way communications and
information sharing between medical services and other
emergency response entities, including communications
among key strategic emergency responders, emergency
medical care facilities, and Federal, State, and local
authorities in the event of a national, regional, or
other large-scale emergency, and redundancy in the
event of a failure of the primary communications
systems; and
``(B) medical emergency responses are integrated
into all planning and decision-making practices for
emergency response.
``(5) State-specific coordination, planning, and
training.--Grants under this section shall be available for
emergencies and disasters, such as hurricanes, forest fires,
and mining accidents.
``(f) Strategic Technology Reserves Initiative.--
``(1) In general.--The Secretary of Homeland Security shall
allocate up to 25 percent of the funds made available to carry
out this section to establish and implement a strategic
technology reserve to pre-position or secure interoperable
communications systems in advance for immediate deployment in
an emergency or major disaster (as defined in section 102(2) of
Public Law 93-288 (42 U.S.C. 5122)). In carrying out this
paragraph, the Secretary shall take into consideration the
continuing technological evolution of communications
technologies and devices, with its implicit risk of
obsolescence, and ensure that, to the maximum extent feasible,
a substantial part of the reserve involves prenegotiated
contracts and other arrangements for rapid deployment of
equipment, supplies, and systems rather than the warehousing or
storage of equipment and supplies currently available at the
time the reserve is established.
``(2) Requirements and characteristics.--A reserve
established under paragraph (1) shall--
``(A) be capable of re-establishing communications
when existing infrastructure is damaged or destroyed in
an emergency or a major disaster;
``(B) include appropriate current, widely-used
equipment, such as Land Mobile Radio Systems, cellular
telephones, satellite equipment, Cells-On-Wheels,
Cells-On-Light-Trucks, or other self-contained mobile
cell sites that can be towed, backup batteries,
generators, fuel, and computers;
``(C) include equipment on hand for the Governor of
each State, key emergency response officials, and
appropriate State or local personnel;
``(D) include contracts (including prenegotiated
contracts) for rapid delivery of the most current
technology available from commercial sources; and
``(E) include arrangements for training to ensure
that personnel are familiar with the operation of the
equipment and devices to be delivered pursuant to such
contracts.
``(3) Additional characteristics.--Portions of the reserve
may be virtual and may include items donated on an in-kind
contribution basis.
``(4) Consultation.--In developing the reserve, the
Secretary shall seek advice from the Secretary of Defense, as
well as national public safety organizations, emergency
managers, State, local, and tribal governments, and commercial
providers of such systems and equipment.
``(5) Allocation and use of funds.--The Secretary shall
allocate--
``(A) a portion of the reserve's funds for block
grants to States to enable each State to establish a
strategic technology reserve within its borders in a
secure location to allow immediate deployment; and
``(B) a portion of the reserve's funds for regional
Federal strategic technology reserves to facilitate any
Federal response when necessary, to be held in each of
the Federal Emergency Management Agency's regional
offices, including Boston, Massachusetts (Region 1),
New York, New York (Region 2), Philadelphia,
Pennsylvania (Region 3), Atlanta, Georgia (Region 4),
Chicago, Illinois (Region 5), Denton, Texas (Region 6),
Kansas City, Missouri (Region 7), Denver, Colorado
(Region 8), Oakland, California (Region 9), Bothell,
Washington (Region 10), and each of the noncontiguous
States for immediate deployment.
``(g) Consensus Standards; Applications.--
``(1) Consensus standards.--In carrying out this section,
the Secretary of Homeland Security shall identify, and if
necessary encourage the development and implementation of,
consensus standards for interoperable communications systems to
the greatest extent practicable.
``(2) Applications.--To be eligible for assistance under
the programs established in this section, each State shall
submit an application, at such time, in such form, and
containing such information as the Secretary may require,
including--
``(A) a detailed explanation of how assistance
received under the program would be used to improve
local communications interoperability and ensure
interoperability with other appropriate public safety
agencies in an emergency or a major disaster; and
``(B) assurance that the equipment and system
would--
``(i) be compatible with the communications
architecture developed under section
7303(a)(1)(E) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1)(E));
``(ii) meet any voluntary consensus
standards developed under section 7303(a)(1)(D)
of that Act (6 U.S.C. 194(a)(1)(D); and
``(iii) be compatible with the common grant
guidance established under section
7303(a)(1)(H) of that Act (6 U.S.C.
194(a)(1)(H)).
``(h) Deadline for Implementation Regulations.--Within 90 days
after the date of enactment of the Advanced Telecommunications and
Opportunities Reform Act, the Secretary, in consultation with the
Federal Communications Commission, shall promulgate regulations for the
implementation of subsections (d) through (f) of this section.''.
(b) Seamless Mobility.--Within 180 days after the date of enactment
of this Act, the Federal Communications Commission shall streamline its
process for certifying multi-mode devices that permit communication
across multiple platforms, facilities, or networks in a manner
consistent with the public interest.
(c) FCC Report on Emergency Communications Back-Up System.--
(1) In General.--Not later than 1 year after the date of
enactment of this Act, the Federal Communications Commission,
in coordination with the Secretary of Homeland Security, shall
evaluate the technical feasibility of creating a back-up
emergency communications system that complements existing
communications resources and takes into account next generation
and advanced telecommunications technologies. The overriding
objective for the evaluation shall be providing a framework for
the development of a resilient interoperable communications
system for emergency responders in an emergency. The Commission
shall evaluate all reasonable options, including satellites,
wireless, and terrestrial-based communications systems and
other alternative transport mechanisms that can be used in
tandem with existing technologies.
(2) Factors to be evaluated.--The evaluation under
paragraph (1) shall include--
(A) a survey of all Federal agencies that use
terrestrial or satellite technology for communications
security and an evaluation of the feasibility of using
existing systems for the purpose of creating such an
emergency back-up public safety communications system;
(B) the feasibility of using private satellite,
wireless, or terrestrial networks for emergency
communications;
(C) the technical options, cost, and deployment
methods of software, equipment, handsets, or desktop
communications devices for public safety entities in
major urban areas, and nationwide; and
(D) the feasibility and cost of necessary changes
to the network operations center of terrestrial-based
or satellite systems to enable the centers to serve as
emergency back-up communications systems.
(3) Report.--Upon the completion of the evaluation under
paragraph (1), the Commission shall submit a report to Congress
that details the findings of the evaluation, including a full
inventory of existing public and private resources most
efficiently capable of providing emergency communications.
(d) Interoperable Communications and E-911 Services.--The Secretary
of Homeland Security shall take into consideration the role of public
safety answering points and E-911 systems, and shall reserve a portion
of the funds made available to carry out section 3006 of Public Law
109-171 (47 U.S.C. 309 note) to provide interoperable communication
system grants for projects to public safety answering points that
enable interoperability and that advance E-911 deployment.
SEC. 152. TRANSFER OF PUBLIC SAFETY GRANT PROGRAM TO THE DEPARTMENT OF
HOMELAND SECURITY.
(a) In General.--Section 3006 of Public Law 109-171 (47 U.S.C. 309
note) is amended--
(1) by striking ``The Assistant Secretary, in consultation
with the'' in subsection (a) and inserting ``The''; and
(2) by striking ``Assistant Secretary'' each place it
appears in subsection (b) and inserting ``Secretary of Homeland
Security''.
(b) Use of Funds.--In carrying out section 3006(a) of Public Law
109-171 (47 U.S.C. 309 note), as amended by subsection (a), the
Secretary of Homeland Security may not use funds under that section for
any purpose other than those provided in section 3006 of that Act.
SEC. 153. PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANTS.
Pursuant to section 3006 of Public Law 109-171 (47 U.S.C. 309
note), the Secretary of Homeland Security, in coordination with the
Secretary of Commerce, shall award no less than $1,000,000,000 for
public safety interoperable communications grants no later than
September 30, 2006.
SEC. 154. ELIGIBILITY OF IP-ENABLED SERVICES.
Section 158(a)(1)(A) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942(a)(1)(A)) is
amended by striking ``services;'' and inserting ``services and services
related to the migration to an IP-enabled emergency network that
provides E-911 services;''.
TITLE II--UNIVERSAL SERVICE REFORM; INTERCONNECTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Internet and Universal Service Act
of 2006''.
Subtitle A--Contributions to Universal Service
SEC. 211. STABILIZATION OF UNIVERSAL SERVICE FUNDING.
(a) Ensuring an Equitable Contribution Base for Universal
Service.--
(1) In general.--Section 254(d) (47 U.S.C. 254(d)) is
amended to read as follows:
``(d) Universal Service Support Contributions.--
``(1) Contribution mechanism.--
``(A) In general.--Each communications service
provider shall contribute as provided in this
subsection to support universal service.
``(B) Requirements.--The Commission shall ensure
that the contributions required by this subsection
are--
``(i) applied in a manner that is as
competitively and technologically neutral as
possible;
``(ii) specific, predictable, and
sufficient to sustain the funding of networks
used to preserve and advance universal service;
and
``(iii) applied in such a manner that no
methodology results in a communications
services provider being required to contribute
more than once to support Federal universal
service for the same transaction, activity, or
service.
``(C) Adjustments.--The Commission shall adjust the
contribution for communication service providers for
their low-call volume, non-business customers.
``(2) Exemptions.--The Commission may exempt a
communications service provider or any class of communications
service providers from the requirements of this subsection in
the following circumstances:
``(A) The services of such a provider are limited
to such an extent that the level of its contributions
would be de minimis.
``(B) The communications service is provided
pursuant to the Commission's Lifeline Assistance
Program.
``(C) The communications service is provided only
to in-vehicle emergency communications customers.
``(D) The communications service is provided by a
not-for-profit communications service provider that is
neither an affiliate of a for-profit organization nor
has a for-profit affiliate and which provides voice
mailboxes to low income consumers and the homeless.
``(3) Contribution assessment flexibility.--
``(A) Methodology.--To achieve the principles in
this section, the Commission may base universal service
contributions upon--
``(i) revenue from communications service;
``(ii) in-use working phone numbers or any
other identifier protocol or connection to the
networks; or
``(iii) network capacity.
``(B) Use of more than 1 methodology.--If no single
methodology employed under subparagraph (A) achieves
the principles described in this subsection, the
Commission may employ a combination of any such
methodologies.
``(C) Removal of interstate/intrastate
distinction.--Notwithstanding section 2(b) of this Act,
the Commission may assess the interstate, intrastate,
and international portions of communications service
for the purpose of universal service contributions.
``(D) Group plan discount.--If the Commission
utilizes a methodology under subparagraph (A) based in
whole or in part on in-use working phone numbers, it
may provide a discount for additional numbers provided
under a group or family pricing plan for residential
customers provided in 1 bill.
``(4) Non-discriminatory eligibility requirement.--A
communications service provider is not exempted from the
requirements of this subsection solely on the basis that such
provider is not eligible to receive support under this section.
``(5) Billing.--
``(A) In general.--A communications service
provider that contributes to universal service under
this section may place on any customer bill a separate
line item charge that does not exceed the amount for
the customer that the provider is required to
contribute under this subsection that shall be
identified as the `Federal Universal Service Fee'.
``(B) Limitation.--A communications service
provider may not separately bill customers for
administrative costs associated with its collection and
remission of universal service fees under this
subsection.
``(6) Definitions.--In this subsection:
``(A) Broadband service.--The term `broadband
service' means any service (whether part of a bundle of
services or offered separately) used for transmission
of information of a user's choosing with a transmission
speed of at least 200 kilobits per second in at least 1
direction, regardless of the transmission medium or
technology employed, that connects to the public
Internet directly--
``(i) to the public; or
``(ii) to such classes of users as to be
effectively available directly to the public.
``(B) Communications service.--The term
`communications service' means telecommunications
service, broadband service, or IP-enabled voice service
(whether part of a bundle of services or offered
separately).
``(C) Connection.--The term `connection' means the
facilities that provide customers with access to a
public or private network, regardless of whether the
connection is circuit-switched, packet-switched,
wireline or wireless, or leased line.
``(D) In-vehicle emergency communications.--The
term `in-vehicle emergency communications' means
services and technology, including automatic crash
notification, roadside assistance, SOS distress calls,
remote diagnostics, navigation or location-based
services, and other driver assistance services, which
are integrated into passenger automobiles to facilitate
communications from the automobile to emergency
response professionals.
``(E) IP-enabled voice service.--The term `IP-
enabled voice service' means the provision of real-time
2-way voice communications offered to the public, or
such classes of users as to be effectively available to
the public, transmitted through customer premises
equipment using Internet protocol, or a successor
protocol, for a fee (whether part of a bundle of
services or offered separately) with 2-way
interconnection capability such that the service can
originate traffic to, and terminate traffic from, the
public switched telephone network.
``(F) Working phone numbers.--The term `working
phone number' means an assigned number (as defined in
section 52.15 of the Commission's regulations (47
C.F.R. 52.15)) or an intermediate number (as defined in
that section).''.
(2) Conforming amendment.--Section 254(b)(4) (47 U.S.C.
254(b)(4)) is amended by striking ``telecommunications
services'' and inserting ``communications services (as defined
in subsection (d)(6)(B)''.
(3) State authority.--Section 254(f) (47 U.S.C. 254(f)) is
amended to read as follows:
``(f) State Authority.--
``(1) In general.--A State may adopt regulations not
inconsistent with the Commission's rules to preserve and
advance universal service. In adopting those rules, a State may
require telecommunications service providers and IP-enabled
voice service (as defined in subsection (d)(6)(E)) providers to
contribute to universal service on the basis of--
``(A) revenue;
``(B) in-use working phone numbers or any other
identifier protocol or connection to the networks;
``(C) network capacity; or
``(D) any combination of such methodologies.
``(2) Disregard of interstate component.--A State may
require telecommunications service providers and IP-enabled
voice service providers to contribute under paragraph (1)
regardless of whether the service contains an interstate
component.
``(3) Bundling.--If a telecommunications service or IP-
enabled voice service is offered as part of a bundle of
services, the Commission shall determine a fair allocation of
revenue between the telecommunications service or IP-enabled
voice service and other bundled services if the primary place
of use of such bundled services is within the State.
``(4) Guidelines.--Regulations adopted by a State under
this subsection shall result in a specific, predictable, and
sufficient mechanism to support universal service and shall be
competitively and technologically neutral, equitable, and
nondiscriminatory.''.
(b) Proper Accounting of Universal Service Contributions.--
(1) From all budgets.--Notwithstanding any other provision
of law, the receipts and disbursements of universal service
under section 254 of the Communications Act of 1934 (47 U.S.C.
254) shall not be counted as new budget authority, outlays,
receipts, or deficit or surplus for purposes of--
(A) the budget of the United States Government as
submitted by the President;
(B) the Congressional budget;
(C) the Balanced Budget and Emergency Deficit
Control Act of 1985; or
(D) any other law requiring budget sequesters.
(2) Additional exemptions.--Section 1341, subchapter II of
chapter 15, and sections 3302, 3321, 3322, and 3325 of title
31, United States Code, shall not apply to--
(A) the collection and receipt of universal service
contributions, including the interest earned on such
contributions; or
(B) disbursements or other obligations authorized
by the Federal Communications Commission under section
254 and 254A of the Communications Act of 1934 (47
U.S.C. 254 and 254A).
(c) Financial Management.--The Federal Communications Commission
and the Administrator of the Universal Service Fund--
(1) shall account for the financial transactions of the
Fund in accordance with generally accepted accounting
principles for Federal agencies;
(2) shall maintain the accounts of the Fund in accordance
with the United States Government Standard General Ledger; and
(3) may invest unexpended balances only in Federal
securities (as defined in section 113(b)(5) of Office of
Management and Budget circular OMB A-11 or any revision of that
circular).
(d) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Federal Communications Commission shall
issue a rule to implement section 254(d) of the Communications Act of
1934 (47 U.S.C. 254(d)) as amended by this section.
(e) Congressional Review.--Any rule issued under subsection (d)
shall--
(1) be submitted to Congress, along with any data and
information relied upon to establish such rule; and
(2) not take effect until the date that is 90 days after
the date of such submission.
SEC. 212. MODIFICATION OF RURAL VIDEO SERVICE EXEMPTION.
(a) Rural telephone companies.--Section 251(f)(1) (47 U.S.C.
251(f)(1)) is amended--
(1) by striking ``Subsection'' in subparagraph (A) and
inserting ``Except as provided in subparagraph (B),
subsection'';
(2) by striking ``interconnection, services, or network
elements'' in subparagraphs (A) and (B) and inserting
``services or network elements'';
(3) by striking ``(under subparagraph (B))'' in
subparagraph (A) and inserting ``(under subparagraph (C))'';
(4) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E);
(5) by inserting after subparagraph (A) the following:
``(B) Certain carriers.--Subsection (c) (other than
paragraphs (1) and (2) thereof) of this section shall
not apply to a rural telephone company in Alaska with
fewer than 10 access lines per square mile installed in
the aggregate in its service area (as defined in
section 214(e)(5)).
``(C) Interconnection.--Notwithstanding
subparagraphs (A) and (D), paragraphs (1) and (2) of
subsection (c) of this section shall not apply to a
rural telephone company until such company has received
a bona fide request for interconnection.''; and
(6) by striking subparagraph (E), as redesignated.
(b) Other Rural Carriers.--Section 251(f)(2) (47 U.S.C. 251(f)(2))
is amended by inserting ``(other than paragraphs (1) and (2) of
subsection (c))'' after ``subsection (b) or (c)'' in the first
sentence.
(c) Effective Date.--Notwithstanding any other provision of this
Act, the amendments made by this section shall take effect on the date
of enactment of this Act.
SEC. 213. INTERCONNECTION.
Title VII (47 U.S.C. 601 et seq.) is amended by adding after
section 714 the following new section:
``SEC. 715. RIGHTS AND OBLIGATIONS OF IP-ENABLED VOICE SERVICE
PROVIDERS.
``(a) In General.--A facilities-based IP-enabled voice service
provider shall have the same rights, duties, and obligations, including
any obligation imposed under section 276, as a requesting
telecommunications carrier under sections 251 and 252, if the provider
elects to assert such rights. A telecommunications carrier may not
refuse to transport or terminate IP-enabled voice traffic solely on the
basis that it is IP-enabled. A provider originating, transmitting, or
terminating IP-enabled voice traffic shall not be exempted from paying
compensation for interstate traffic owed to another provider or carrier
solely on the basis that such traffic is IP-enabled, and any
obligations to pay compensation with respect to traffic that originates
or terminates on the public switched telephone network shall be
reciprocal, including any payment to an IP-enabled voice service
provider that receives traffic from, or sends traffic to, the public
switched telephone network.
``(b) Disabled Access.--An IP-enabled voice service provider or a
manufacturer of IP-enabled voice service equipment shall have the same
rights, duties, and obligations as a telecommunications carrier or
telecommunications equipment manufacturer, respectively, under sections
225, 255, and 710 of the Act. Within 1 year after the date of enactment
of the Internet and Universal Service Act of 2006, the Commission, in
consultation with the Architectural and Transportation Barriers
Compliance Board, shall prescribe such regulations as are necessary to
implement this section. In prescribing the regulations, the Commission
shall take into account the differences between IP-enabled voice
service and circuit-switched communications, and the functionalities
required by the disabled community. Every 2 years after the date of
enactment of the Internet and Universal Service Act of 2006, the
Commission shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives that assesses the level of
compliance with this section and evaluates the extent to which any
accessibility barriers still exist with respect to new technologies and
hearing aid compatibility.
``(c) IP-Enabled Emergency Response Systems.--Prior to installation
or activation of an IP-enabled voice service for a customer, an IP-
enabled voice service provider shall provide clear and conspicuous
notice to the customer that--
``(1) such customer should arrange with his or her
emergency response system provider, if any, to test such system
after installation;
``(2) such customer should notify his or her emergency
response system provider as soon as the IP-enabled voice
service is installed; and
``(3) a battery backup may be required for customer
premises equipment installed in connection with the IP-enabled
voice service in order for the signaling of such system to
function in the event of a power outage.
``(e) No Effect on Tax Laws.--Nothing in this section shall be
construed to modify, impair, supersede, or authorize the modification,
impairment, or supersession of, any State or local tax law.
``(f) Definitions.--In this section:
``(1) Emergency response system.--The term `emergency
response system' means an alarm or security system, or personal
security or medical monitoring system, that is connected to an
emergency response center by means of a telecommunications
carrier or IP-enabled voice service provider.
``(2) Emergency response center.--The term `emergency
response center' means an entity that monitors transmissions
from an emergency response system.
``(3) Facilities-based.--The term `facilities-based'
includes an IP-enabled voice service provider with control and
operation within a local access transport area of--
``(A) communications switching and routing
equipment;
``(B) long-haul trunks; or
``(C) local transmission facilities.
``(4) IP-enabled voice service.--The term `IP-enabled voice
service' means the provision of real-time 2-way voice
communications offered to the public, or such classes of users
as to be effectively available to the public, transmitted
through customer premises equipment using Internet protocol, or
a successor protocol, for a fee (whether part of a bundle of
services or offered separately) with interconnection capability
such that the service can originate traffic to, and terminate
traffic from, the public switched telephone network.''.
SEC. 214. TREATMENT OF SUBSTITUTE SERVICES UNDER SECTION 254(G).
Section 254(g) (47 U.S.C. 254(g)) is amended by inserting after
``State.'' the following: ``This section shall also apply to any
services within the jurisdiction of the Commission that can be used as
effective substitutes for interexchange telecommunications services,
including any such substitute classified as an information service that
uses telecommunications.''.
Subtitle B--Distributions From Universal Service
SEC. 251. ENCOURAGING BROADBAND DEPLOYMENT.
(a) In General.--Beginning 2 years after the date of enactment of
this Act, and biennially thereafter, an eligible communications carrier
shall submit a report to the Commission and to the State commission in
each State in which it provides communications service that sets forth
the following:
(1) The percentage of households to which it offers
broadband service in each of its service areas.
(2) The percentage of households that subscribe to
broadband service in each of its service areas.
(3) The service plans and speeds at which broadband service
is offered in each of its service areas.
(4) The types of technologies used in offering broadband
service in each of its service areas.
(5) Any planned upgrade or deployment of broadband service
in the next 2 years in each of its service areas.
(b) Information Treated as Confidential.--The Commission and State
commissions shall treat information received pursuant to subsection (a)
as confidential and proprietary, and shall protect sensitive business
information from disclosure in any reports made public.
(c) Commission Report.--The Commission shall incorporate the data
from reports it receives under subsection (a) into its advanced
telecommunications capability reports under section 706 of the
Telecommunications Act of 1996.
SEC. 252. ESTABLISHMENT OF BROADBAND PROGRAM.
Part I of title II (47 U.S.C. 201 et seq.) is amended by inserting
after section 254 the following:
``SEC. 254A. BROADBAND FOR UNSERVED AREAS PROGRAM.
``(a) Program Established.--
``(1) In general.--The Commission shall establish a new
separate program to be known as the `Broadband for Unserved
Areas Program'.
``(2) Purpose.--The purpose of the Program is to provide
financial assistance for the deployment of broadband equipment
and infrastructure necessary for the deployment of broadband
service (including installation costs) to unserved areas
throughout the United States.
``(3) Funding.--The Program shall be funded by amounts
collected under section 254(d).
``(b) Implementation.--
``(1) In general.--Within 180 days after the date of
enactment of the Internet and Universal Service Act of 2006,
the Commission shall issue rules establishing--
``(A) guidelines for determining which areas may be
considered to be unserved areas for purposes of this
section, which may be portions of service areas or
study areas;
``(B) criteria for determining which facilities-
based providers of broadband service and which projects
are eligible for support from the Program;
``(C) procedural guidelines for awarding assistance
from the Program on a merit-based and competitive
basis;
``(D) guidelines for application procedures,
accounting and reporting requirements, and other
appropriate fiscal controls for assistance made
available from the Program, including random audits
with respect to the receipt and use of funds under this
section;
``(E) a procedure for making funds in the Program
available among the several States on an equitable
basis; and
``(F) the Universal Service Administrative Company
as the administrator of the Program, subject to
Commission rules and oversight.
``(2) Facilities-based provider eligibility.--For purposes
of this section, satellite broadband service providers,
terrestrial wireless broadband service providers, and wireline
broadband service providers shall be considered to be
facilities-based providers eligible for support from the
Program. The deployment of satellite broadband service customer
premises equipment shall be considered to be a project eligible
for support from the Program.
``(3) De minimis subscribership exception.--The
availability of satellite broadband service in an area shall
not preclude the designation of that area as an unserved area
if the Commission determines that subscribership to broadband
satellite service in the area is de minimis.
``(4) Multiple areas within state.--There may be more than
1 unserved area within a State.
``(c) Limitations.--
``(1) Annual amount.--Amounts obligated or expended under
subsection (b) for any fiscal year may not exceed $500,000,000.
``(2) Unobligated balances.--To the extent that the full
amount in the program is not obligated for financial assistance
under this section within a fiscal year, any unobligated
balance shall be used to support universal service under
section 254.
``(3) Support limited to single facilities-based provider
per unserved area.--Assistance under this section may be
provided only to 1 facilities-based provider of broadband
service in each unserved area.
``(d) Application With Section 410.--Section 410 shall not apply to
the Broadband for Unserved Areas Program.
``(e) Broadband Service Defined.--
``(1) In general.--In this section, except to the extent
revised by the Commission under paragraph (2), the term
`broadband service' means any service used for transmission of
information of a user's choosing at a transmission speed of at
least 400 kilobits per second in at least 1 direction,
regardless of the transmission medium or technology employed,
that connects to the public Internet directly--
``(A) to the public; or
``(B) to such classes of users as to be effectively
available directly to the public.
``(2) Annual review of transmission speed.--The Commission
shall review the transmission speed component of the definition
in paragraph (1) biannually and revise that component as
appropriate.
``(f) Report.--The Commission shall transmit an annual report to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Commerce making
recommendations for an increase or decrease, if necessary, in the
amounts credited to the program under this section.''.
SEC. 253. COMPETITIVE NEUTRALITY PRINCIPLE.
Section 254(b) (47 U.S.C. 254(b)) is amended by redesignating
paragraph (7) as paragraph (8), and inserting after paragraph (6) the
following:
``(7) Competitive neutrality.--Universal service support
mechanisms and rules should be competitively neutral. In this
context, competitively neutral means that universal service
support mechanisms and rules neither unfairly advantage nor
disadvantage one provider over another, and neither unfairly
favor nor disfavor one technology over another.''.
SEC. 254. TRANSITION RULES FOR MODIFICATIONS ADVERSELY AFFECTING
CARRIERS.
If the Federal Communications Commission modifies the high-cost
distribution rules under section 254 of the Communications Act of 1934
(47 U.S.C. 254), it shall adopt transition mechanisms of not less than
5 years in duration designed to alleviate any harmful affect of those
modifications on existing eligible communications carriers and their
customers.
SEC. 255. ELIGIBILITY GUIDELINES.
Section 214(e) (47 U.S.C. 214(e)) is amended by adding at the end
the following:
``(7) Eligibility guidelines.--
``(A) In general.--A common carrier may not be
designated as a new eligible communications carrier
unless it--
``(i) is committed to providing service
throughout its proposed designated service
area, using its own facilities or a combination
of facilities and resale of another carrier's
facilities, to all customers making a
reasonable request for service;
``(ii) has certified to the State
commission or the Commission that it will
provide service on a timely basis to requesting
customers within its service area, if service
can be provided at reasonable cost;
``(iii) has submitted a plan to the State
commission or the Commission that describes
with specificity proposed improvements or
upgrades to its network that will be
accomplished with high-cost support over the
first 2 years following its designation as an
eligible communications carrier;
``(iv) has demonstrated to the State
commission or the Commission its ability to
remain functional in emergency situations,
including a demonstration that it has a
reasonable amount of back-up power to ensure
functionality without an external power source;
``(v) is committed to following applicable
consumer protection and service quality
standards; and
``(vi) has complied with annual reporting
requirements established by the Commission or
by State Commissions for all carriers receiving
universal service support to ensure that such
support is used for the provision, maintenance,
and upgrading of the facilities for which
support is intended.
``(B) Application limited to post date-of-enactment
designations.--Subparagraph (A) applies only to an
entity designated as an eligible communications carrier
after the date of enactment of the Internet and
Universal Service Act of 2006.
``(C) 6-month designation deadline.--Beginning 6
months after the date of enactment of the Internet and
Universal Service Act of 2006, a State commission or
the Commission shall grant or deny an application for
designation as an eligible communications carrier
within 6 months after the date on which it receives a
complete application.
``(D) Eligible communications carrier.--In this
paragraph, the term `eligible communications carrier'
means an entity designated under paragraph (2), (3), or
(6) of this subsection. Any reference to eligible
telecommunications carrier in this section or in
section 254 refers also to an eligible communications
carrier.''.
SEC. 256. PRIMARY LINE.
Section 214(e) (47 U.S.C. 214(e)), as amended by section 255 of
this Act, is amended by adding at the end the following:
``(8) Primary line.--In implementing the requirements of
this Act with respect to the distribution and use of Federal
universal service support, the Commission shall not limit such
distribution and use to a single connection or primary line,
and all residential and business lines served by an eligible
communications carrier shall be eligible for Federal universal
service support.''.
SEC. 257. PHANTOM TRAFFIC.
(a) In General.--Section 254 (47 U.S.C. 254) is amended by adding
at the end the following:
``(m) Network Traffic Identification Accountability Standards.--
``(1) Network traffic identification accountability
standards.--A provider of voice communications services shall
ensure, to the degree technically possible, that all traffic
that originates on its network contains, or, in the case of
nonoriginated traffic, preserves, sufficient information to
allow for traffic identification by other voice communications
service providers that transport or terminate such traffic,
including information on the identity of the originating
provider, the class of service of the originating line as
required under Commission orders in effect on the date of
enactment of the Internet and Universal Service Act of 2006,
the calling and called parties, and such other information as
the Commission deems appropriate. Except as otherwise permitted
by the Commission, a provider that transports traffic between
communications service providers shall signal-forward without
altering call signaling information it receives from another
provider.
``(2) Network traffic identification rulemaking.--The
Commission, in consultation with the State commissions, shall
initiate a single rulemaking no later than 180 days after the
date of enactment of the Internet and Universal Service Act of
2006 to establish rules and enforcement provisions for traffic
identification.
``(3) Network traffic identification enforcement.--The
Commission shall adopt and enforce clear penalties, fines, and
sanctions under this section.
``(4) Voice communications service defined.--In this
subsection, the term `voice communications service' means
telecommunications service or IP-enabled voice service (as
defined in section 254(d)(6)(E)).''.
(b) Conforming Amendment.--Section 276(d) (47 U.S.C. 276(d)) is
amended--
(1) by striking ``Definition.--'' and inserting
``Definitions.--''; and
(2) by striking ``services.'' and inserting ``services, and
the term `call' includes any communication coming within the
definition of `communications service' (as defined in section
254(d)) when it originated from a payphone.''.
SEC. 258. RANDOM AUDITS.
Section 254 (47 U.S.C. 254), as amended by section 257 of this Act,
is amended by adding at the end the following:
``(n) Audits.--The Commission shall provide for random periodic
audits, to be administered by the Universal Service Administrative
Company, of each recipient of funds collected pursuant to subsection
(d) with respect to its receipt and use of such support. With respect
to an eligible communications carrier, the audit shall include a review
of its relative cost to provide service compared to other, similarly
situated, universal service recipients based on their respective
service areas (as defined in section 214(e)(5)). The Commission shall
take such remedial action as it deems necessary if any audit under this
subsection reveals improper use of universal service support, including
the imposition of fines or other appropriate remedies.''.
SEC. 259. INTEGRITY AND ACCOUNTABILITY.
(a) In General.--The Federal Communications Commission, in
consultation with the Administrator of the Universal Service
Administrative Company, shall--
(1) ensure the integrity and accountability of all programs
established under sections 254 and 254A of the Communications
Act of 1934 (47 U.S.C. 254 and 254A); and
(2) not later than 180 days after the date of enactment of
this Act, establish rules--
(A) identifying appropriate fiscal controls and
accountability standards that shall be applied to
programs under sections 254 and 254A;
(B) establishing a memorandum of understanding, or
contractual relationships, as the Commission determines
appropriate, defining the administrative structure and
processes by which the Universal Service Administrative
Company administers programs under sections 254 and
254A;
(C) creating performance goals and measures for
programs under sections 254 and 254A, that shall be
used by the Commission to determine--
(i) how efficiently and cost-effectively
the Universal Service Administrative Company
spends funds pursuant to its operation of all
universal service programs; and
(ii) areas for improving operations;
(D) creating performance goals and measurements for
the Schools and Libraries Program under section 254(h)
that--
(i) determine the progress of schools and
libraries toward achieving advances in
connectivity goals; and
(ii) reflect the evolving level of advanced
services; and
(E) establishing appropriate enforcement actions,
including the imposition of sanctions on applicants and
vendors who repeatedly and knowingly violate program
rules set forth in section 254(h) or adopted by the
Commission, such as debarment from the program for
individuals convicted of crimes or held civilly liable
for actions taken in connection with the Schools and
Libraries Program.
(b) Permanent Ban of Vendors Convicted of Criminal Fraud.--A vendor
that has been convicted of a criminal fraud violation in connection
with the provision of goods or services under section 254(h) of the
Communications Act of 1934 (47 U.S.C. 254(h)) is not eligible to
provide goods or services to any school, library, or other entity under
the program authorized by that section.
SEC. 260. IMPROVING EFFECTIVENESS OF RURAL HEALTH CARE SUPPORT
MECHANISM.
(a) In General.--Section 254(h) (47 U.S.C. 254(h)) is amended--
(1) by resetting so much of paragraph (1)(A) as follows
``areas.--'' as an indented paragraph 6 ems from the left
margin and inserting ``(i) In general.--'' before ``A
telecommunications'';
(2) by inserting ``deployment of reasonable infrastructure
and'' after ``including'' in the first sentence of paragraph
(1)(A)(i), as designated by paragraph (1) of this subsection;
(3) by striking ``service.'' in paragraph (1)(A)(i), as
designated by paragraph (1) of this subsection, and inserting
``service, and to receive reimbursement promptly of any amount
in excess of such obligations to participate in universal
service mechanisms.'';
(4) by adding at the end of paragraph (1)(A) the following:
``(ii) Limitation.--The discount required
under clause (i) shall be available only to a
public or nonprofit health care provider
located in a rural area.
``(iii) Definition.--For purposes of this
subparagraph, the term `rural area' means--
``(I) any incorporated or
unincorporated area in the United
States, or in the territories or
insular possessions of the United
States that has not more than 20,000
inhabitants based on the most recent
available population statistics
published in the most recent decennial
census issued by the Census Bureau;
``(II) any area located outside the
boundaries of any incorporated or
unincorporated city, county, or borough
that has more than 20,000 inhabitants
based on the most recent available
population statistics published in the
most recent decennial census issued by
the Census Bureau; or
``(III) any area that qualified as
a rural area under the rules of the
Commission in effect on December 1,
2004.'';
(5) by striking ``and'' in paragraph (7)(B)(vi); and
(6) by striking paragraph (7)(B)(vii) and inserting the
following:
``(vii) not-for-profit nursing homes or
skilled nursing facilities;
``(viii) critical access hospitals;
``(ix) emergency medical services
facilities;
``(x) hospice providers;
``(xi) rural dialysis facilities;
``(xii) tribal health clinics;
``(xiii) not-for-profit dental offices;
``(xiv) school health clinics;
``(xv) residential treatment facilities;
``(xvi) rural pharmacies;
``(xvii) consortia of health care providers
consisting of 1 or more entities described in
clauses (i) through (xv); and
``(xviii) any other entity the Commission
determines--
``(I) eligible to receive
discounted telecommunications service
under paragraph (1)(A); and
``(II) essential to the public
health.''.
(b) Schools, Libraries, Rural Health Care, Life-Line, Link-Up, and
Toll Limitation Hold Harmless.--Except as provided in subsections
(h)(1)(A), (h)(7)(B), and (h)(7)(J) of section 254 of the
Communications Act of 1934 (47 U.S.C. 254), as amended by subsection
(a)--
(1) nothing in this Act (or the amendments made by this
Act) shall be construed as limiting, changing, modifying, or
altering the amount of support or means of distribution for the
schools, libraries, rural health care, life-line, link-up, and
toll limitation programs; and
(2) the Federal Communications Commission shall ensure that
such amendments do not result in a decrease of such support to
a level below the level for the fiscal year preceding the
fiscal year in which this Act is enacted.
(c) American Community Survey Residential Internet Access
Question.--The Secretary of Commerce, in consultation with the Federal
Communications Commission, shall expand the American Community Survey
conducted by the Bureau of the Census to elicit information for
residential households, including those located on Indian land (as
defined in section 4(9) of the American Indian Agricultural Resource
Management Act (25 U.S.C. 3703(9))), as to what technology such
households use to access the Internet from home.
SEC. 261. COMMUNICATIONS SERVICES FOR LIBRARIES.
Section 254(h)(4) of the Communications Act of 1934 (47 U.S.C.
254(h)(4)) is amended to read as follows:
``(4) Certain users not eligible.--Notwithstanding any
other provision of this subsection, the following entities are
not entitled to preferential rates or treatment as required by
this subsection:
``(A) An entity operated as a for-profit business.
``(B) A school described in paragraph (7)(A) with
an endowment of more than $50,000,000.
``(C) A library or library consortium not eligible
for assistance under the Library Services and
Technology Act (20 U.S.C. 9101 et seq.) from a State
library administrative agency.
``(D) A library or library consortium not eligible
for assistance funded by a grant under section 261 of
the Library Services and Technology Act (20 U.S.C.
9161) from an Indian tribe or other organization.''.
SEC. 262. USF SUPPORT FOR INSULAR AREAS.
Within 180 days after the date of enactment of this Act, the
Federal Communications Commission shall issue an order in FCC Docket
96-45 establishing a predictable and sufficient support mechanism for
eligible carriers in insular areas, including any insular area that is
a State comprised entirely of islands, that includes assistance for
high-cost communications transport services used by carriers whose
service territory includes multiple noncontiguous service areas.
TITLE III--STREAMLINING THE FRANCHISING PROCESS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Video Competition and Savings for
Consumers Act of 2006''.
Subtitle A--Updating the 1934 Act and Leveling the Regulatory Playing
Field
SEC. 311. APPLICATION OF TITLE VI TO VIDEO SERVICES AND VIDEO SERVICE
PROVIDERS.
(a) Terminology.--Title VI (47 U.S.C. 521 et seq.), except for
section 602 (47 U.S.C. 522), is amended--
(1) by striking ``cable operator'', ``cable operator's'',
and ``cable operators'' each place they appear and inserting
``video service provider'', ``video service provider's'', or
``video service providers'', respectively;
(2) by striking ``cable'' when used in ``cable auxiliary'',
``cable communications'', ``cable network'', ``cable
programmer'', ``cable programmers'', ``cable service'', ``cable
services'', ``cable subscriber'', ``cable system'', ``cable
systems'', or ``cable telecommunications'', each place it
appears and inserting ``video service'';
(3) by striking ``noncable'' in section
614(h)(1)(C)(ii)(IV) and inserting ``non-video service'';
(4) except where amended by paragraph (1), by striking
``operator'', ``operator's'', and ``operators'' each place they
appear and inserting ``provider'', ``provider's'', or
``providers'', respectively;
(5) by striking ``cassette'' each place it appears; and
(6) by striking ``tape'' each place it appears and
inserting ``record''.
(b) Headings.--Title VI (47 U.S.C. 521 et seq.) is amended--
(1) by striking the heading for title VI and inserting
``TITLE VI--VIDEO SERVICES'';
(2) by striking the heading for part II and inserting
``PART II--USE OF VIDEO SERVICES; RESTRICTIONS'';
(3) by striking the heading for part III and inserting
``PART III--FRANCHISING''; and
(4) striking ``CABLE'' in the heading for sections 633 and
640 and inserting ``VIDEO''.
(c) Regulations.--Notwithstanding section 381(a) of this Act:
(1) New regulations.--Within 120 days after the date of
enactment of this Act, the Commission shall issue regulations
to implement sections 603, 611, 612, 621, and 622 of the
Communications Act of 1934, as amended by this Act.
(2) Updating existing regulations.--Within 120 days after
the date of enactment of this Act, the Commission shall issue,
as necessary, updated regulations needed under title VI or
other provisions of the Communications Act of 1934 to reflect
the amendments made by this Act.
SEC. 312. FRANCHISE APPLICATIONS; SCOPE.
Part I of title VI (47 U.S.C. 521 et seq.) is amended by adding at
the end the following:
``SEC. 603. FRANCHISE APPLICATIONS.
``(a) In General.--
``(1) Expedited process.--Except as otherwise provided in
this subsection, a franchising authority shall grant a
franchise to provide video service within its franchise area to
a video service provider within 90 calendar days after
receiving a franchise application that is complete from the
video service provider except for--
``(A) the franchise fee percentage, as provided by
section 622(b)(1);
``(B) the number of public, educational, or
governmental use channels required by section 611;
``(C) any fee percentage that may be assessed under
section 622(b)(4); and
``(D) the point of contact for the franchising
authority.
``(2) Standardized application form.--A video service
provider shall use the standard franchise application form
promulgated by the Commission under section 612.
``(3) Responsibilities of franchising authority--After
receiving a franchise application under paragraph (1), a
franchising authority shall--
``(A) publish public notice of the application
within 15 days after receiving a complete application
from a video service provider if public notice is
required by State or local law; and
``(B) complete and return the application form by
providing the information described in subparagraphs
(A), (B), (C), and (D) of paragraph (1) in a manner
that is consistent with the requirements of this title
within 90 calendar days after the date on which it was
received.
``(4) Acceptance of terms.--A franchising agreement shall
take effect 15 calendar days after the date that the completed
franchise application is received by the applicant under
paragraph (3)(B) unless the applicant notifies the franchising
authority within that 15-day period that the terms offered are
not accepted.
``(5) Exception.--This subsection does not require a
franchising authority to approve or complete an application
from a video service provider if a franchise held by that
provider has been revoked under section 625(b) by the
franchising authority.
``(b) Deemed Approval.--Except as provided in subsection (a)(5), if
a franchising authority fails to act on a franchise application that
meets the requirements of this title within the 90-day period described
in subsection (a)(3)(B), the franchise application shall be deemed
granted--
``(1) effective on the 91st day after the franchising
authority received the application;
``(2) for a term of 15 years;
``(3) with--
``(A) the same percentage of gross revenue paid by
the cable operator with the most subscribers offering
cable service in the franchise area; or
``(B) if there is no cable operator offering cable
service in the franchise area, 5 percent of gross
revenue; and
``(4) with an obligation to provide the number of public,
educational, or governmental use channels required by section
611.
``(c) Procedure.--If an application is not granted within the 90-
day period described in subsection (a)(3)(B) because of subsection
(a)(5), the applicant may avail itself of the procedures in section 635
of this Act.
``SEC. 604. NO EFFECT ON STATE LAWS OF GENERAL APPLICABILITY.
``Nothing in this title is intended to affect State or local laws
of general applicability, except to the extent that such laws are
inconsistent with this title.
``SEC. 605. DIRECT BROADCAST SATELLITE SERVICE.
``No State or local government may regulate direct broadcast
satellite services (as that term is used in section 335 of this Act).
This section shall not be construed to prevent taxation of a provider
of direct-to-home satellite service by a State, to the extent otherwise
permissible, and shall not preempt State or local laws of general
applicability.''.
SEC. 313. STANDARD FRANCHISE APPLICATION FORM.
Section 612 (47 U.S.C. 532) is amended to read as follows:
``SEC. 612. STANDARD FRANCHISE APPLICATION FORM.
``(a) In General.--Within 30 days after the date of enactment of
the Video Competition and Savings for Consumers Act of 2006, the
Commission shall promulgate a standard franchise application form, the
use of which by franchising authorities shall be mandatory.
``(b) Compliance Commitments.--The franchise application form shall
include a statement, to be signed by the video service provider--
``(1) that it agrees to comply with all applicable Federal
and State statutes and regulations that are consistent with
this title;
``(2) that it agrees to comply with all applicable
municipal regulations regarding the use and occupation of
public rights-of-way in the delivery of video service,
including the police powers of the municipalities in which the
service is delivered that are consistent with this title;
``(3) geographically identifying the franchise area in
which the provider intends to offer cable service pursuant to
the standard franchise; and
``(4) certifying that the information contained in the
notice is accurate and correct and that the provider will
immediately notify the franchising authority of any material
changes in that information during the franchise term.
``(c) Provisions To Be Supplied.--The franchise application form
shall include only the following blank spaces to be filled in by the
video service provider and the franchising authority, as appropriate:
``(1) The name of the video service provider.
``(2) The name and business address of each director and
principal executive officer.
``(3) A point of contact for the video service provider.
``(4) A point of contact for the franchising authority.
``(5) The franchise fee percentage under section 622(b)(1).
``(6) Any fee percentage that may be assessed under section
622(b)(4).
``(7) The period during which the franchising agreement
shall be in effect.
``(8) The public, educational, or governmental capacity to
be provided.
``(9) The physical location of the headend.
``(10) A description of the video service to be provided.
``(11) Signatures.
``(12) Dates for each signature.''.
SEC. 314. DEFINITIONS.
(a) In General.--Section 602 (47 U.S.C. 522) is amended--
(1) by striking ``cable system'' in paragraphs (1) and (9)
and inserting ``video service system'';
(2) by striking ``regulation);'' in paragraph (4) and
inserting ``regulation) or its equivalent (as determined by the
Commission).'';
(3) by inserting after paragraph (11) the following:
``(11A) Headend.--The term `headend' means the headend of a
cable system or its equivalent as determined by the
Commission.'';
(4) by inserting after paragraph (12) the following:
``(12A) Institutional network.--The term `institutional
network' means a communication network constructed by a cable
operator that is generally available only to subscribers who
are not residential subscribers.'';
(5) by striking ``cable operator'' in paragraph (14) and
inserting ``video service provider'';
(6) by inserting after paragraph (16) the following:
``(16A) Satellite carrier.--The term `satellite carrier'
means an entity that uses the facilities of a satellite or
satellite service licensed by the Commission and operates in
the Fixed-Satellite Service under part 25 of title 47, Code of
Federal Regulations, or the Direct Broadcast Satellite Service
under part 100 of title 47, Code of Federal Regulations, to
establish and operate a channel of communications for point-to-
multipoint distribution of television station signals, and that
owns or leases capacity or service on a satellite in order to
provide such point-to-multipoint distribution, except to the
extent that such entity provides such distribution pursuant to
tariff under this Act, for purposes other than for private home
viewing.'';
(7) by striking ``cable service'' in paragraph (17) and
inserting ``video service'';
(8) by striking ``cable operator'' each place it appears in
paragraph (17) and inserting ``video service provider''; and
(9) by inserting after paragraph (20) the following:
``(24) Video service.--The term `video service' means--
``(A) the transmission to subscribers of--
``(i) video programming;
``(ii) interactive on-demand service; or
``(iii) other programming service; and
``(B) subscriber interaction, if any, required for
the selection or use of such video programming,
interactive on-demand service, or other programming
service regardless of the transmission technology used
and regardless of how the subscriber interacts with the
service.
``(25) Video service provider.--The term `video service
provider'--
``(A) means a facilities-based (as determined by
the Commission) provider of video service that utilizes
a public right-of-way in the provision of such service
(including cable operators and providers offering open
video systems under section 653), regardless of the
transmission technology used and regardless of how the
subscriber interacts with the service; but
``(B) does not include any person to the extent
that the person is providing--
``(i) satellite service, including if such
service is bundled with, or offered in
conjunction with, an Internet access service or
other broadband capability;
``(ii) video programming using radio
communication directly to the recipient's
premises; or
``(iii) service via commercial mobile
service (as defined in section 332(d)).''.
(b) Stylistic Consistency.--Section 602 (47 U.S.C. 522), as amended
by subsection (a), is amended--
(1) by striking ``title--'' and inserting ``title:'';
(2) by redesignating paragraphs (1) through (20) as
paragraphs (1) through (23);
(3) by striking the semicolon at the end of each such
paragraph and inserting a period; and
(4) by striking ``Commission; and'' in paragraph (22), as
redesignated, and inserting ``Commission.'';
(5) except in paragraphs (12), (14), and (19), as
redesignated--
(A) by inserting after the designation of each such
paragraph a heading, in a form consistent with the form
of the heading of paragraphs (24) and (25), as added by
subsection (a) of this section consisting of the term
defined by such paragraph, or the first term so defined
if the paragraph defines more than 1 term; and
(B) by striking ``the'' the first place it appears
and inserting ``The''.
SEC. 315. FAMILY TIER STUDY.
(a) In General.--The Congress endorses and commends cable
operators, satellite providers, and other multi-channel video
programming distributors for their voluntary efforts to offer family
program tiers that seek to meet consumer demand for programming
packages free of indecent and obscene programming suitable for family
audiences.
(b) Data Collection.--Every multichannel video programming
distributor shall submit an annual report to the Federal Communications
Commission on family tiers that includes whether it offers a family
tier, the retail price of such tier, a description of the channels
included in such tier, a description of the distributor's efforts to
market such tier, and the subscribership level for every tier and
package offered by such distributor. The Commission shall keep
confidential any data that is not available in the public domain on the
date of submission.
(c) Report to Congress.--Within 1 year after the date of enactment
of this Act, and every year thereafter for 5 years, the Commission
shall submit a report to Congress aggregating the data it receives
pursuant to subsection (b).
SEC. 316. NOTICE OF INQUIRY ON VIOLENT PROGRAMMING.
Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall complete its Notice of
Inquiry and issue its finding in the matter of Violent Television
Programming and Its Impact on Children, MB Docket No. 04-261. D23/
Subtitle B--Streamlining the Provision of Video Services
SEC. 331. FRANCHISE REQUIREMENTS AND RELATED PROVISIONS.
(a) General Franchise Requirements.--Section 621 (47 U.S.C. 541) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Award of franchise.--A franchising authority may
not--
``(A) grant an exclusive franchise; or
``(B) grant a franchise for a term shorter than 5
years or longer than 15 years as provided in section
603.
``(2) Preservation of local government authority to manage
public rights-of-way; easements.--
``(A) In general.--Except as provided in this
title, no State or local law may prohibit, or have the
effect of prohibiting, a video service provider from
offering video service.
``(B) Hold harmless.--A State or local government
shall apply its laws or regulations in a manner that is
reasonable, competitively neutral, nondiscriminatory,
and consistent with State police powers, including
permitting, payments for bonds, security funds, letters
of credit, insurance, indemnification, penalties, or
liquidated damages to ensure compliance with such laws
and regulations. Any permitting fees imposed by a State
or local government shall be for the purpose of
compensating that government for the costs incurred in
managing public rights-of-way. Any law or regulation
that meets the requirements of this subparagraph shall
not be held to violate subparagraph (A).
``(C) Property owners.--Nothing in this title
precludes a State or local government from requiring
that a property owner be justly compensated by a video
service provider for damage caused by the installation,
construction, operation, or removal of facilities by
the video service provider.
``(D) Dispute resolution.--If a dispute arises
concerning the application of subparagraph (A), (B), or
(C), the sole recourse of any party to the dispute
shall be to file an action in a court of competent
jurisdiction.
``(3) Use of public rights-of-way.--Any franchise shall be
construed to authorize the construction of a video service
system over public rights-of-way, and through easements, which
is within the area to be served by the video service system and
which have been dedicated for compatible uses, except that in
using such easements the video service provider shall ensure--
``(A) that the safety and functioning of the
property and the safety of other persons not be
adversely affected by the installation or construction
of facilities necessary for a video service system; and
``(B) that the cost of the installation,
construction, operation, or removal of such facilities
be borne by the video service provider or subscriber,
or a combination of both.''; and
(2) by striking paragraph (1) of subsection (b) and
inserting ``(1) Except to the extent provided in subsection
(f), a video service provider may not provide video service
without a franchise.''.
(b) Franchise Fee.--Section 622 (47 U.S.C. 542) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--A franchising authority may impose and collect a
franchise fee from a video service provider that provides video
services within the local franchise area of that authority. A
franchising authority may not discriminate among video service
providers in imposing or collecting any fee assessed under this
section.
``(b) Amount.--
``(1) In general.--The franchise fee imposed by a
franchising authority under subsection (a) for any 12-month
period may not exceed 5 percent of the video service provider's
gross revenue derived in such period. For purposes of this
section, the 12-month period shall be the 12-month period
applicable under the franchise for accounting purposes.
``(2) Prepaid or deferred payment arrangements.--Nothing in
this subsection prohibits a franchising authority and a video
service provider from agreeing that franchise fees 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
the fees paid 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 fees had been paid per annum.
``(3) Franchising authority and video service provider
agreements.--Nothing in this section precludes a State or local
government and a video service provider from entering into a
voluntary commercial agreement, whereby in consideration for a
mutually agreed upon reduction in the franchise fee under
paragraph (1), the video service provider makes available to
the local unit of government services, equipment, capabilities,
or other valuable consideration.
``(4) PEG and institutional network financial support.--
``(A) In general.--Except as provided in
subparagraph (D), a video service provider may be
required to pay a fee equal to--
```(i) not more than 1 percent of the video
service provider's gross revenue in the
franchise area to the franchising authority for
the support of public, educational, and
governmental access facilities and
institutional networks; or
``(ii) the value, on a per subscriber
basis, of all monetary grants or in-kind
services or facilities for public, educational,
or governmental access facilities provided by
the cable operator in the franchise area with
the most cable service subscribers in the
calendar year preceding the date of enactment
of the Video Competition and Savings for
Consumers Act of 2006, pursuant to that cable
operator's existing franchise in effect on the
date of enactment of that Act.
``(B) Calculation data.--A franchising authority
may require a cable operator to provide information
sufficient to calculate the per-subscriber equivalent
fee allowed by subparagraph (A)(ii). The information
shall be treated as confidential and proprietary
business information. The payments made by a video
service provider pursuant to subparagraph (A) shall be
assessed and collected in a manner consistent with this
section.
``(C) Existing institutional networks.--
``(i) Continued service.--Except as
provided in subparagraph (D), a franchising
authority may require a cable operator or video
service provider with a franchise in effect on
the date of enactment of the Video Competition
and Savings for Consumers Act of 2006 to
continue to provide any institutional network
it was required to provide on the date of
enactment of that Act notwithstanding the
expiration or termination of that franchise
pursuant to section 381(b) of the Video
Competition and Savings for Consumers Act of
2006.
``(ii) New network not required.--A
franchising authority may not require a video
service provider to construct a new
institutional network.
``(D) Special rule.--In Hawaii--
``(i) subparagraph (A)(ii) shall be applied
by inserting `and institutional networks' after
`governmental access facilities'; and
``(ii) subparagraph (C)(i) shall be applied
by inserting `or had committed to provide'
after `required to provide'.''; and
(2) by striking subsections (d) through (h), redesignating
subsection (i) as subsection (h), and inserting the following
after subsection (c):
``(d) Other Taxes, Fees, and Assessments Not Affected.--Except as
otherwise provided in this section, nothing in this section shall be
construed to modify, impair, supersede, or authorize the modification,
impairment, or supersession of, any State or local law pertaining to
taxation.
``(e) Annual Review.--
``(1) Franchising authority audit procedure.--A franchising
authority may, upon reasonable written request, but no more
than once in any 12-month period, review the business records
of a video service provider to the extent reasonably necessary
to ensure payment of the fees required by this section. The
review may include the methodology used by the video service
provider to assign portions of the revenue from video service
that may be bundled or functionally integrated with other
services, capabilities, or applications. The review shall be
conducted in accordance with procedures established by the
Commission.
``(2) Availability of books and records.--Upon request
under paragraph (1), a video service provider shall make
available its books and records for periodic audit by a
franchising authority. The franchising authority shall treat
information obtained in the course of such an audit as
confidential and proprietary and protect sensitive information
from public disclosure.
``(3) Cost recovery.--To the extent that the review under
paragraph (1) identifies an underpayment of more than 5 percent
of any fee required by this section for the period of review,
the video service provider shall reimburse the franchising
authority the reasonable costs of any such review conducted by
an independent third party with respect to such fee. The costs
of any contingency fee arrangement between the franchising
authority and the independent reviewer shall not be subject to
reimbursement.
``(4) Limitation.--Any fee that is not reviewed by a
franchising authority within 3 years after it is paid or
remitted shall not be subject to later review by the
franchising authority under this subsection and shall be deemed
accepted in full payment by the franchising authority.
``(f) GAAP Standards.--For purposes of this section, all financial
determinations and computations shall be made in accordance with
generally accepted accounting principles except as otherwise provided.
``(g) Definitions.--In this section:
``(1) Franchise fee.--The term `franchise fee'--
``(A) includes any tax, fee, or assessment of any
kind imposed by a franchising authority or a State or
local governmental entity on a video service provider
or subscriber, or both, solely because of their status
as such; but
``(B) does not include--
``(i) any tax, fee, or assessment of
general applicability (including any such tax,
fee, or assessment imposed on both utilities
and video service providers or their services
but not including a tax, fee, or assessment
which is unduly discriminatory against video
service providers or subscribers);
``(ii) any fee that is required by the
franchise under subsection (b)(4);
``(iii) requirements or charges incidental
to the use of public rights-of-way, including
payments for bonds, security funds, letters of
credit, insurance, indemnification, penalties,
or liquidated damages;
``(iv) costs of fines, penalties, or
recoupment; or
``(v) any fee imposed under title 17,
United States Code.
``(2) Gross revenue.--
``(A) In general.--The term `gross revenue' means
all consideration of any kind or nature including cash,
credits, property, and in-kind contributions (services
or goods) received by a video service provider from the
provision of video service within a franchise area
including--
``(i) all charges and fees paid by
subscribers for the provision of video service,
including fees attributable to video service
when that service is sold individually or as
part of a package or bundle, or is functionally
integrated with services other than video
service;
``(ii) revenue received by a video service
provider as compensation for carriage of video
programming on the provider's system;
``(iii) compensation received by a video
service provider as compensation for promotion
or exhibition of any product or service on the
provider's video service, such as a home
shopping or similar channel, subject to
subparagraph (D)(vi); and
``(iv) a pro rata portion of all revenue
derived by a video service provider or an
affiliate thereof pursuant to a compensation
arrangement for advertising derived from the
operation of the provider's video service or
the video service within a franchise area
subject to subparagraph (D)(ii).
``(B) Affiliates.--The gross revenue of a video
service provider includes gross revenue of an affiliate
to the extent the exclusion of the affiliate's gross
revenue would have the effect of permitting the video
service provider to evade the payment of franchise fees
which would otherwise be paid by that video service
provider for video services provided within the
franchise area of the franchising authority imposing
the fee.
``(C) Revenue from bundled or functionally
integrated service.--In the case of a video service
that is packaged, bundled, or functionally integrated
with other services, capabilities, or applications,
gross revenue shall include only the revenue
attributable to the video service, which shall be
reflected on the books and records of the video service
provider kept in the regular course of business.
``(D) Exclusions.--Gross revenue of a video service
provider (or an affiliate to the extent otherwise
included in the gross revenue of the video service
provider under subparagraph (B)) does not include--
``(i) any revenue not actually received,
even if billed, such as bad debts, net of any
recoveries of bad debts;
``(ii) refunds, rebates, credits, or
discounts to subscribers or a municipality to
the extent not already excluded under clause
(i);
``(iii) subject to subparagraph (C), any
revenues received by a video service provider
or its affiliates from the provision of
services or capabilities other than video
service, including--
``(I) voice, Internet access, or
other broadband-enabled applications
that are not video service; and
``(II) services, capabilities, and
applications that are sold or provided
as part of a package or bundle of
services or capabilities, or that are
functionally integrated with video
service;
``(iv) any revenues received by a video
service provider or its affiliates for the
provision of directory or Internet advertising,
including yellow pages, white pages, banner
advertisement, and electronic publishing;
``(v) any costs attributable to the
provision of video services to subscribers at
no charge, including the provision of such
services to public institutions without charge;
``(vi) any revenue paid by subscribers to a
home shopping programmer directly from the sale
of merchandise through any home shopping
channel offered as part of the video service
provider's video services, but not excluding
any commissions that are paid to the video
service provider as compensation for promotion
or exhibition of any product or service on the
provider's video service, such as a home
shopping or similar channel;
``(vii) any revenue forgone from the
provision of video service at no charge to any
person other than forgone revenue exchanged for
trades, barters, services, or other items of
value;
``(viii) any tax, fee, or assessment of
general applicability imposed on a subscriber
or transaction by Federal, State, or local
government that is required to be collected by
the video service provider and remitted to the
taxing authority, including sales taxes, use
taxes, and utility user taxes;
``(ix) any revenue from the sale of capital
assets or surplus equipment;
``(x) the reimbursement by programmers for
marketing costs actually incurred by a video
service provider for the introduction of new
programming; or
``(xi) any revenue from the sale of video
services for resale to the extent that the
purchaser certifies in writing that it will--
``(I) resell the service; and
``(II) pay any applicable franchise
fee with respect thereto.''.
SEC. 332. RENEWAL; REVOCATION.
Part II of title VI (47 U.S.C. 541 et seq.) is amended by striking
sections 625 and 626 and inserting the following:
``SEC. 625. RENEWAL; REVOCATION.
``(a) Renewal.--A video service provider may submit a written
application for renewal of its franchise to a franchising authority not
more than 180 days before the franchise expires. Any such application
shall be made on the standard application form promulgated by the
Commission under section 612 and shall be treated under section 603 in
the same manner as any other franchise application.
``(b) Revocation.--Notwithstanding any other law of general
applicability, a franchising authority may revoke a video service
provider's franchise if it determines, after notice and an opportunity
for a hearing, that the video service provider has--
``(1) violated any Federal or State law, or any Commission
regulation, relating to the provision of video services in the
franchise area;
``(2) made false statements, or material omissions, in any
filing with the franchising authority or the Commission
relating to the provision of video service in the franchise
area;
``(3) violated the rights-of-way management laws or
regulations of any franchising authority in the franchise area
relating to the provision of video service in the franchise
area; or
``(4) violated the terms of the franchise agreement
(including any commercial agreement permitted under section
622(b)(3)).
``(c) Notice; Opportunity To Cure.--A franchising authority may not
revoke a franchise unless it first provides--
``(1) written notice to the video service provider of the
alleged violation in which the revocation would be based; and
``(2) a reasonable opportunity to cure the violation.
``(d) Finality of Decision.--Any decision of a franchising
authority to revoke a franchise under this section is final for
purposes of appeal. A video service provider whose franchise is revoked
by a franchising authority may avail itself of the procedures in
section 635 of this Act.''.
SEC. 333. PEG AND INSTITUTIONAL NETWORK OBLIGATIONS.
Section 611 (47 U.S.C. 531) is amended to read as follows:
``SEC. 611. CHANNELS FOR PUBLIC, EDUCATIONAL, OR GOVERNMENTAL USE.
``(a) In General.--A video service provider that obtains a
franchise shall provide channel capacity for public, educational, or
governmental use that is not less than the channel capacity required of
the cable operator or video service provider with the greatest number
of public, educational, or governmental use channels in the franchise
area on the effective date of the franchise. If there is no other video
service provider in the franchise area on the effective date of the
franchise, the video service provider may be required to provide up to
3 channels.
``(b) Adjustment.--Every 15 years after the commencement of a
franchise granted after April 30, 2006, a franchising authority may
require a video service provider to increase the channel capacity
designated for public, educational, or governmental use, and the
channel capacity designated for such use on any institutional networks
required under subsection (a). The increase may not exceed the greater
of--
``(1) 1 channel; or
``(2) 10 percent of the public, educational, or
governmental channel capacity required of the video service
provider before the required increase.
``(c) Editorial Control.--Subject to section 624(d)(1), a video
service provider shall not exercise any editorial control over any
public, educational, or governmental use of channel capacity provided
pursuant to this section, but a video service provider may refuse to
transmit any public access program or portion of a public access
program which contains obscenity.
``(d) Transmission and Production of Programming.--
``(1) PEG programming.--A video service provider shall
ensure that all subscribers receive any public, educational, or
governmental programming carried by the video service provider
within the subscriber's franchise area.
``(2) Production responsibility.--The production of any
programming provided under this subsection shall be the
responsibility of the franchising authority.
``(3) Transmission responsibility.--The video service
provider shall be responsible for the transmission from the
signal origination point (or points) of the programming, or
from the point of interconnection with another video service
provider already offering the public, educational, or
governmental programming under paragraph (4), to the video
service provider's subscribers, or any public, educational, or
governmental programming produced by or for the franchising
authority and carried by the video service provider pursuant to
this section.
``(4) Interconnection; cost-sharing.--Unless 2 video
service providers otherwise agree to the terms for
interconnection and cost sharing, such video service providers
shall comply with regulations prescribed by the Commission
providing for--
``(A) the interconnection between 2 video service
providers in a franchise area for transmission of
public, educational, or governmental programming,
without material degradation in signal quality or
functionality; and
``(B) the reasonable allocation of the costs of
such interconnection between such video service
providers.
``(5) Display of program information.--The video service
provider shall display the program information for public,
educational, or governmental programming in any print or
electronic program guide in the same manner in which it
displays program information for other video programming in the
franchise area. The video service provider may not omit public,
educational, or governmental programming from any navigational
device, guide, or menu containing other video programming that
is available to subscribers in the franchise area if the
franchising authority provides such programming to the video
service provider at a location, in the data format, and in
sufficient time normally required for the programming to be
displayed on such device, guide, or menu.''.
SEC. 334. SERVICES, FACILITIES, AND EQUIPMENT.
(a) In General.--Section 624 (47 U.S.C. 544) is amended--
(1) by striking subsections (a), (b), (c), (e), and (h) and
redesignating subsections (d), (f), (g), and (i) as subsections
(a) through (d), respectively; and
(2) by inserting ``or wire'' after `` any cable'' in
subsection (d), as redesignated.
(b) Conforming Amendment.--Section 611(c) (47 U.S.C. 531(c)), as
amended by section 333 of this Act, is amended by striking
``624(d)(1)'' and inserting ``624(a)(1)''.
SEC. 335. SHARED FACILITIES.
Part III of title VI (47 U.S.C. 541 et seq.) is amended--
(1) by striking section 627 and redesignating sections 628
and 629 as sections 626 and 627, respectively; and
(2) by adding at the end the following:
``SEC. 628. ACCESS TO PROGRAMMING FOR SHARED FACILITIES.
``(a) In General.--A video service programming vendor in which a
video service provider has an attributable interest may not deny a
video service provider with a franchise under this title access to
video programming solely because that video service provider uses a
headend for its video service system that is also used, under a shared
ownership or leasing agreement, as the headend for another video
service system.
``(b) Video Service Programming Vendor Defined.--The term `video
service programming vendor' means a person engaged in the production,
creation, or wholesale distribution for sale of video programming that
is primarily intended for receipt by video service providers for
retransmission to their video service subscribers.''.
SEC. 336. CONSUMER PROTECTION AND CUSTOMER SERVICE.
Section 632 (47 U.S.C. 552) is amended to read as follows:
``SEC. 632. CONSUMER PROTECTION AND CUSTOMER SERVICE.
``(a) Regulations.--
``(1) In general.--Not later than 120 days after the date
of enactment of the Video Competition and Savings for Consumers
Act of 2006, the Commission, after receiving comments from
interested parties, including national associations
representing franchising authorities or consumers, shall
promulgate regulations, which shall include penalties to be
paid to subscribers with respect to customer service and
consumer protection requirements for video service providers.
``(2) Effective date of regulations.--The regulations
required by subsection (a) shall take effect 60 days after the
date on which a final rule is promulgated by the Commission.
``(b) Maximum Penalty for Early Termination of Subscription.--It is
unlawful for a video service provider to charge a subscriber an amount
in excess of 1 month's subscription fee as a penalty or service charge
for terminating a subscription to the video service provider's service
before the date on which the subscription term ends.
``(c) Enforcement.--The regulations promulgated by the Commission
under subsection (a) and the provisions of subsection (b) shall be
enforced by franchising authorities. A franchising authority may refer
a matter for enforcement to the State attorney general or the State
consumer protection agency on a case-by-case basis.
``(d) Review by Commission.--A video service provider may appeal
any enforcement action taken against that provider by a franchising
authority to the Commission.''.
SEC. 337. REDLINING.
Part IV of title VI (47 U.S.C. 551 et seq.) is amended by adding at
the end the following:
``SEC. 642. REDLINING.
``(a) In General.--A video service provider may not deny access to
its video service to any group of potential residential video service
subscribers because of the income, race, or religion of that group.
``(b) Enforcement.--
``(1) State attorney general enforcement.--This section may
be enforced by the State attorney general through a complaint-
initiated adjudication process under which a complaint may be
filed by a resident of the franchising area who is aggrieved by
a violation of subsection (a) or by a franchising authority on
behalf of residents of its franchise area. Within 180 days
after receiving the resident's or franchising authority's
complaint, a State attorney general shall act on such a
complaint either by filing a complaint with a court of
competent jurisdiction or notifying the resident or franchising
authority that the State attorney general will not file such a
complaint.
``(2) Evaluation of complaint.--The totality of the video
service provider's deployments in its service areas shall be
considered in any adjudication pursuant to an enforcement
action under this subsection.
``(c) Remedies.--If a court determines that a video service
provider has violated subsection (a) it--
``(1) shall ensure that the video service provider remedies
any violation of subsection (a); and
``(2) may assess a civil penalty in such amount as may be
authorized under State law for the franchising area in which
the violation occurred for violation of that State's
antidiscrimination laws.
``(d) Limitations.--
``(1) Natural and technological barriers.--It is not a
violation of subsection (a) if video service is denied because
technical feasibility, commercial feasibility, operational
limitations, or physical barriers preclude the effective
provision of video service.
``(2) Quotas, goals, or timetables.--Nothing in this
section authorizes the use of quotas, goals, or timetables as a
remedy.
``(e) Reports.--
``(1) Annual reports to commission.--Beginning 3 years
after the date of enactment of the Video Competition and
Savings for Consumers Act of 2006, each franchising authority
shall report to the Commission on video service provider
deployment in its franchise area. The Commission shall develop
and make available to franchising authorities a standardized,
electronic data-based, report form to be used in complying with
the requirements of this paragraph. A video service provider
shall provide such information to the franchising authority as
is needed to complete the report.
``(2) Commission report to congress.--Beginning 4 years
after the date of enactment of the Video Competition and
Savings for Consumers Act of 2006, and every 4 years
thereafter, the Commission shall report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce on the
buildout of video service.''.
SEC. 338. APPLICATION OF SECTION 503(B).
Section 503(b) (47 U.S.C. 503(b)) is amended by adding at the end
the following:
``(7) Application to video service providers.--In this section the
terms `cable television operator' and `cable television system
operator' include a video service provider (as defined in section 602
of this Act).''.
SEC. 339. APPLICATION OF TITLE VII CABLE PROVISIONS TO VIDEO SERVICES.
Title VII (47 U.S.C. 601 et seq.) is amended--
(1) by striking ``cable operators for their retransmission
to cable subscribers;'' in section 705(d)(1) and inserting
``cable operators or video service providers (as defined in
section 602 of this Act) for their retransmission to
subscribers;'';
(2) by striking ``and cable television;'' in section
712(a)(1) and inserting ``cable television, and video service
(as defined in section 602 of this Act);''; and
(3) by inserting ``video service,'' in section 714(k)(3)
after ``cable,''.
SEC. 340. CHILDREN'S TELEVISION ACT AMENDMENT.
Section 102(d) of the Children's Television Act of 1990 (47 U.S.C.
303a(d)) is amended by striking ``a cable operator,'' and inserting
``cable operators and video service providers,''.
Subtitle C--Miscellaneous and Conforming Amendments
SEC. 351. MISCELLANEOUS AMENDMENTS.
(a) Municipal Operators.--Section 621(f) (47 U.S.C. 541(f)) is
amended to read as follows:
``(f) Municipal Operators.--No provision of this title shall be
construed to prohibit a local or municipal authority that is also, or
is affiliated with, a franchising authority from operating as a
multichannel video programming distributor in the franchise area,
notwithstanding the granting of one or more franchises by the
franchising authority.''.
(b) Sunset.--Section 626(c)(5), as redesignated by section 335 of
this Act, is amended--
(1) by striking ``10 years after the date of enactment of
this section,'' and inserting ``on October 5, 2012,''; and
(2) by striking ``last year of such 10-year period,'' and
inserting ``12-month period ending on that date,''.
(c) Updating.--Section 613 (47 U.S.C. 533) is amended--
(1) by striking ``July 1, 1984,'' in subsection (g) and
inserting ``the date of enactment of the Video Competition and
Savings for Consumers Act of 2006''; and
(2) by striking subsection (a) and redesignating
subsections (c) through (h) as subsections (a) through (f),
respectively.
(d) Repeal.--Section 617 (47 U.S.C. 537) is repealed.
(e) Restructuring Part IV.--Part IV of title VI (47 U.S.C. 551 et
seq.) is amended--
(1) by striking sections 636 and 637; and
(2) by redesignating sections 635A, 638, 639, 640, 641, and
642 (as added by section 337 of this Act) as sections 636, 637,
638, 639, 640, and 641, respectively.
(f) Federal Regulation of IP-Enabled Video Service.--Title VI (47
U.S.C. 521 et seq.), as amended by section 337 and subsection (e)(2),
is amended by adding at the end the following:
``SEC. 642. IP-ENABLED VIDEO SERVICE.
``(a) In General.--Notwithstanding any other provision of law, IP-
enabled video service is an interstate service and is subject only to
Federal regulations.
``(b) IP-Enabled Video Service Defined.--In this section, the term
`IP-enabled video service' means a video service provided over the
public Internet utilizing Internet protocol, or any successor protocol
that is not offered by, or not offered as part of a package of video
services offered by, a video service provider or its affiliate.
``(c) Commission Authority.--The commission may not impose any rule
on, apply any regulation to, or otherwise regulate the offering or
provision of IP-enabled video service.
``(d) Law Enforcement.--Nothing in this section shall be construed
to interfere with any lawful activity of a law enforcement agency or to
limit the application of any law the violation of which is punishable
by a fine, imprisonment, or both.
``(e) No Effect on Tax Laws.--Nothing in this section shall be
construed to modify, impair, supersede, or authorize the modification,
impairment, or supersession of, any State or local tax law.''.
(g) Conforming Amendments for Retransmission.--
(1) Section 325(b) (47 U.S.C. 325(b)) is amended--
(A) by striking ``cable system'' in paragraph (1)
and inserting ``video service provider''; and
(B) by inserting ``The term `video service
provider' has the meaning given it in section 602(25)
of this Act.'' after ``title.'' in the matter following
subparagraph (E) of paragraph (2).
(2) Section 336(b) (47 U.S.C. 336(b)) is amended by
striking ``section 614 or 615 or be deemed a multichannel video
programming distributor for purposes of section 628;'' and
inserting ``section 614 or 615;''.
Subtitle D--Effective Dates and Transition Rules
SEC. 381. EFFECTIVE DATES; PHASE-IN.
(a) In General.--
(1) 6-month delay.--Except as provided in paragraph (2),
the amendments made by the Video Competition and Savings for
Consumers Act of 2006 shall take effect 180 days after the date
of enactment of that Act.
(2) Initiation of certain proceedings.--Notwithstanding
paragraph (1), the Federal Communications Commission shall
initiate any proceeding required by title VI of the
Communications Act of 1934, as amended by this Act, or made
necessary by such amendment as soon as practicable after the
date of enactment of this Act.
(b) Application to Existing Franchise Agreements.--
(1) In general.--Except as provided in paragraph (2), the
provisions of title VI of the Communications Act of 1934, as
amended by this Act, shall not apply to a cable operator with a
franchise agreement in effect on the date of enactment of this
Act between a franchising authority and a cable operator before
the expiration date of the agreement, as determined without
regard to any renewal or extension of the agreement. The
provisions of title VI of the Communications Act of 1934 (47
U.S.C. 521 et seq.), as in effect on the day before the date of
enactment of this Act, shall continue to apply to any such
franchise agreement and the cable operator as provided by
subsection (c) until the earlier of--
(A) the expiration date of the agreement; or
(B) the date on which a new franchise agreement
that replaces the existing franchise agreement takes
effect.
(2) Competition trigger.--
(A) Notification of existing franchisee required.--
If a franchising authority authorizes a video service
provider to provide video service in an area in which
cable service is already being provided under an
existing franchise agreement, the franchising authority
shall--
(i) require the video service provider to
notify the franchising authority when the video
service provider commences video service in
that area; and
(ii) immediately notify any cable operator
providing cable service in that area upon
receipt of the notice required under clause
(i).
(B) New franchise agreement supersedes existing
agreement.--Upon receipt of notice under subparagraph
(A)(ii), a cable operator with an existing franchise to
provide cable service in that area may submit an
application for a franchise under section 603 of the
Communications Act of 1934, as amended by this Act.
When the franchise is granted--
(i) the terms and conditions of the new
franchise agreement supersede the existing
franchise agreement; and
(ii) the provisions of title VI of the
Communications Act of 1934, as amended by this
Act, shall apply.
(c) Limited Application of Prior Law.--
(1) In general.--Except as provided in subsection (b) or
otherwise explicitly provided in new title VI, the provisions
of old title VI (and all regulations, rulings, waivers, orders,
and franchise agreements under old title VI) shall continue in
effect after the date of enactment of this Act with respect to
any cable operator to which they applied before that date until
the earlier of--
(A) the expiration date of the franchise agreement
under which the cable operator was operating on the
date of enactment of this Act; or
(B) that date on which a new franchise agreement
takes effect that replaces a cable operator's franchise
agreement described in subparagraph (A).
(2) Preservation of basic tier regulation.--Notwithstanding
any other provision of this subsection, section 623 of old
title VI shall continue to apply in any franchise area until a
franchising authority receives a notice under subsection
(b)(2)(A)(i).
(d) Definitions.--In this section:
(1) Cable operator.--The term ``cable operator'' includes a
local exchange carrier that provides video services to video
service subscribers in its telephone service area through an
open video system that complies with the requirements of
section 653 of the Communications Act of 1934 (47 U.S.C. 573).
(2) New title vi.--The term ``new title VI'' means title VI
of the Communications Act of 1934 (47 U.S.C. 521 et seq.) as
amended by this Act.
(3) Old title vi.--The term ``old title VI'' means title VI
of the Communications Act of 1934 (47 U.S.C. 521 et seq.) as in
effect on the day before the date of enactment of this Act.
TITLE IV--VIDEO CONTENT
Subtitle A--National Satellite
SEC. 401. AVAILABILITY OF CERTAIN LICENSED SERVICES IN NONCONTIGUOUS
STATES.
(a) In General.--Section 335 (47 U.S.C. 335) is amended by adding
at the end thereof the following:
``(c) Alaska and Hawaii Obligations.--
``(1) In general.--Each satellite carrier shall, to the
extent technically feasible given the carrier's satellite
constellation in use, provide a comparable consumer product to
subscribers in Alaska and Hawaii at prices and terms comparable
to those made available to subscribers in the contiguous United
States.
``(2) Conditions on new licenses.--
``(A) In general.--Before the Commission grants a
license for a new satellite used for service in the
contiguous United States to a satellite carrier, it
shall ensure that, to the extent technically feasible,
the following minimum conditions are met:
``(i) If the satellite is used for direct-
to home video services, the satellite shall
be--
``(I) capable of providing services
to consumers in the cities of
Anchorage, Fairbanks, and Juneau,
Alaska, using signal power levels of at
least 45 dBW effective isotropic
radiated power; and
``(II) capable of providing
services to consumers in the islands of
Oahu, Maui, Kauai, Molokai, and Hawaii,
Hawaii, using signal power levels of at
least 46 dBW effective isotropic
radiated power.
``(ii) If the satellite is used for any
other direct-to-consumer service--
``(I) with respect to services
offered on beams covering substantially
the entire contiguous United States,
the carrier must make best efforts to
ensure that the effective isotropic
radiated power of the satellite on the
downlink and, where applicable, the
efficiency of the satellite receive
antenna (G/T) can allow the use of a
commercially available antenna in
Alaska and Hawaii with a gain that is
no more than 4 dB greater than that
used to provide the service in the
contiguous United States; and
``(II) with respect to services
offered over spot beams covering
portions of the contiguous United
States, the carrier must make best
efforts to ensure that the effective
isotropic radiated power of the
satellite on the downlink and, where
applicable, the efficiency of the
satellite receive antenna (G/T) shall
allow the use of the same antenna in
Alaska and Hawaii as provided in the
contiguous United States for the
service.
``(B) Technical feasibility.--It is deemed not
technically feasible for a satellite with a look angle
to any area of less than 8.25 degrees to provide
service to such area at the signal power levels
described in subparagraph (A).
``(3) Satellite carrier defined.--In this subsection, the
term `satellite carrier' means an entity that uses the
facilities of a satellite in the Fixed-Satellite Service, the
Direct Broadcast Satellite service, the Broadcast Satellite
Service, the Mobile-Satellite Service, or the Digital Audio
Radio Service that is licensed by the Commission under part 25
of title 47, Code of Federal Regulations, or is licensed or
authorized by a foreign government.''.
(b) Effective Date.--Section 335(c) of the Communications Act of
1934, as added by subsection (a), shall take effect 36 months after the
date of enactment of this Act.
(c) Exception.--Nothing in this section, nor any amendment made by
this section, shall require any satellite carrier to take any action
that the Commision determines will materially impact the signal quality
or availability of programming available to subscribers of such carrier
in the continental United States.
(d) Implementation by Commission.--
(1) In general.--The Federal Communications Commission
shall adopt such rules and policies as are necessary to
implement and enforce section 335(c) of the Communications Act
of 1934 (47 U.S.C. 335(c)).
(2) Amendment of rules.--Within 30 days after the date of
enactment of this Act, the Commission shall amend section
1.4000(a)(1)(i)(B) of its rules (47 C.F.R. 1.4000(a)(1)(i)(B))
to insert ``and Hawaii'' after ``Alaska''.
Subtitle B--Video and Audio Flag
SEC. 451. SHORT TITLE.
This subtitle may be cited as the ``Digital Content Protection Act
of 2006''.
SEC. 452. PROTECTION OF DIGITAL BROADCAST VIDEO CONTENT.
(a) In General.--Section 303 (47 U.S.C. 303) is amended by adding
at the end the following:
``(z) Have authority with respect to digital television receivers
to adopt such regulations and certifications as are necessary to
implement the Report and Order in the matter of Digital Broadcast
Content Protection, FCC 03-273, as ratified by the Congress in section
102(b) of the Consumer Competition and Broadband Promotion Act, with
the exclusive purpose of limiting the indiscriminate redistribution of
digital television content over the Internet or similar distribution
platforms, including the authority to reconsider, amend, repeal,
supplement, and otherwise modify any such regulations and
certifications, in whole or in part, only for that purpose.''.
(b) Ratification of FCC Report and Orders.--The Report and Order in
the matter of Digital Broadcast Content Protection, FCC 03-273, and the
Order in the matter of Digital Output Protection Technology and
Recording Method Certifications, FCC 04-193, are ratified, subject to
the limitations set forth in subsection (d), and shall become effective
12 months after the date of enactment of this Act.
(c) Expedited Proceeding for Certifying Technologies for Use in
Distance Education.--Within 30 days after the date of enactment of this
Act, the Federal Communications Commission shall initiate a further
proceeding for the approval of digital output protection technologies
and recording methods for use in the course of distance learning
activities. The proceeding shall be conducted in accordance with the
expedited procedures established for the Interim Approval of Authorized
Digital Output Protection Technologies and Authorized Recording Methods
in the Report and Order described in subsection (b). The proceeding
shall have no effect on certifications made pursuant to the Order in
the matter of Digital Output Protection Technology and Recording Method
Certifications described in subsection (b), as ratified in that
subsection.
(d) Limitations.--
(1) In general.--Nothing in this Act or section 303(z) of
the Communications Act of 1934 (47 U.S.C. 303(z)), or in
regulations of the Commission adopted pursuant thereto, shall--
(A) limit the Commission's authority to approve
digital output protection technologies and recording
methods that allow for the redistribution of digital
broadcast content within the home or similar
environment, or the use of the Internet to transmit
digital broadcast content, where such technologies and
recording methods adequately protect such content from
indiscriminate redistribution; or
(B) be construed to affect rights, remedies,
limitations, or defenses to copyright infringement,
including fair use, under title 17, United States Code.
(2) Use of redistribution control descriptor.--Licensees of
television broadcast stations may not utilize the
Redistribution Control Descriptor, as adopted by the Report and
Order described in subparagraph (b), to limit the
redistribution of news and public affairs programming the
primary commercial value of which depends on timeliness. The
Federal Communications Commission shall allow each broadcaster
or broadcasting network to determine whether the primary
commercial value of a particular news program depends on
timeliness. The Commission may review any such determination by
a broadcaster or broadcasting network if it receives bona fide
complaints alleging, or otherwise has reason to believe, that
particular broadcast digital television content has violated
this subsection.
(3) Property rights.--The Commission shall require that any
authorized redistribution control technology and any authorized
recording method technology approved by the Commission under
this section that is publicly offered for adoption by
licensees, be licensed on reasonable and nondiscriminatory
terms and conditions, including terms preserving a licensee's
ability to assert any patent rights necessary for
implementation of the licensed technology.
SEC. 453. PROTECTION OF DIGITAL AUDIO BROADCASTING CONTENT.
Part I of title III (47 U.S.C. 301 et seq.) is amended by adding at
the end the following:
``SEC. 342. PROTECTION OF DIGITAL AUDIO BROADCASTING CONTENT.
``(a) In General.--Subject to section 454(d)(2) of the Digital
Content Protection Act of 2006, the Commission may promulgate
regulations governing the distribution of audio content with respect
to--
``(1) digital radio broadcasts;
``(2) satellite digital radio transmissions; and
``(3) digital radios.
``(b) Monitoring Organizations.--
``(1) In general.--The Commission shall ensure that a
performing rights society or a mechanical rights organization,
or any entity acting on behalf of such a society or
organization, is granted a license for free or for a de minimis
fee to cover only the reasonable costs to the licensor of
providing the license, and on reasonable, nondiscriminatory
terms and conditions, to access and retransmit as necessary any
content contained in such transmissions protected by content
protection or similar technologies, if--
``(A) the license is used to carry out the
activities of such society, organization, or entity in
monitoring the public performance or other uses of
copyrighted works; and
``(B) such society, organization, or entity employs
reasonable methods to protect any such content accessed
from further distribution.
``(2) Protected activities.--Nothing shall preclude or
prevent a performing rights organization, a mechanical rights
organization, a monitoring service, a measuring service, or any
entity owned in whole or in part by, or acting on behalf of,
such an organization or service, from monitoring or measuring
public performances or other uses of copyrighted works,
advertisements, or announcements contained in performances or
other uses, or other information concerning the content or
audience of such performances or other uses.
``(3) Alternative licensing language.--The Commission may
require that any such organization, service, or entity be given
a license on either a gratuitous basis or for a de minimis fee
to cover only the reasonable costs to the licensor of providing
the license, and on reasonable, nondiscriminatory terms, to
access, record, and retransmit as necessary any content
contained in any such performance or use protected by content
protection or similar technology, if--
``(A) the license is used for carrying out the
activities of such organizations, services, or entities
in monitoring or measuring the public performance or
other use of copyrighted works, advertisements, or
announcements, or other information concerning the
content or audience of such performances or uses; and
``(B) the organizations, services, or entities
employ reasonable methods to protect any such content
accessed from further distribution.''.
SEC. 454. DIGITAL AUDIO REVIEW BOARD.
(a) Establishment.--The Federal Communications Commission shall
establish an advisory committee, to be known as the Digital Audio
Review Board.
(b) Membership.--Members of the Board shall be appointed by the
chairman of the Commission and shall include representatives nominated
by--
(1) the information technology industry;
(2) the software industry;
(3) the consumer electronics industry;
(4) the radio broadcasting industry;
(5) the satellite radio broadcasting industry;
(6) the cable industry;
(7) the audio recording industry;
(8) the music publishing industry;
(9) performing rights societies, including--
(A) the American Society of Composers, Authors and
Publishers;
(B) Broadcast Music, Inc.; and
(C) SESAC, Inc.;
(10) public interest organizations;
(11) organizations representing recording artists,
performers and musicians;
(12) organizations representing songwriters; and
(13) any other group that the Commission determines will be
directly affected by adoption of broadcast flag technology
regulations.
(c) Duty.--
(1) In general.--Within 1 year after the date of enactment
of this Act, the Board shall submit to the Commission a
proposed regulation under section 343 of the Communications Act
of 1934 (47 U.S.C. 343) that--
(A) represents a consensus of the members of the
Board; and
(B) is consistent with fair use principles.
(2) Extension of 1-year period.--The Commission may extend,
for good cause shown, the 1-year period described in paragraph
(1) for a period of not more than 6 months, if the Commission
determines that--
(A) substantial progress has been made by the Board
toward the development of a proposed regulation;
(B) the members of the Board are continuing to
negotiate in good faith; and
(C) there is a reasonable expectation that the
Board will draft and submit a proposed regulation
before the expiration of the extended period of time.
(d) Commission Treatment of Proposed Regulation.--
(1) Draft regulation.--Within 30 days after the Commission
receives a proposed regulation from the Board under this
section the Commission shall initiate a rulemaking proceeding
to implement the proposed regulation.
(2) Deference; deadline.--If the Board submits a proposed
regulation under this section the Commission, in promulgating a
regulation under section 343 of the Communications Act of 1934,
shall--
(A) give substantial deference to the proposed
regulation submitted by the Board; and
(B) issue a final rule not later than 6 months
after the date on which the proceeding was initiated.
(3) Commission action if no board action.--If the Board
does not submit a proposed regulation to the Commission within
1 year after the date of enactment of this Act, plus any
extension granted by the Commission under subsection (c)--
(A) the Commission may initiate a proceeding to
determine what, if any, regulations under section 343
of the Communications Act of 1934 regarding digital
audio copy protection are necessary; and
(B) if the Commission determines that such
regulations are necessary, the Commission may
promulgate a rule implementing such protections as long
as such regulations do not harm or delay the continued
roll-out of HD radio.
(e) Administrative Provisions.--
(1) Meetings.--The Board shall meet at the call of the
Chairman of the Commission.
(2) Executive director.--The Chairman of the Commission
may, without regard to civil service laws and regulations,
appoint and terminate an Executive Director and such other
additional personnel as may be necessary to enable the Board to
perform its duties. The Executive Director shall be compensated
at a rate not to exceed the rate of pay payable for level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(3) Temporary and intermittent services.--In carrying out
its duty, the Board may procure temporary and intermittent
services of consultants and experts under section 3109(b) of
title 5, United States Code, at rates for individuals which do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of such title.
(4) Detail of government employees.--Upon request of the
Board, the head of any Federal agency may detail any Federal
Government employee to the Board without reimbursement, and
such detail shall be without interruption or loss of civil
service status or privilege.
(5) Administrative support.--Notwithstanding section 7(c)
of the Federal Advisory Committee Act (5 U.S.C. App.), the
Commission shall provide the Board with such administrative and
supportive services as are necessary to ensure that the Board
can carry out its functions.
(6) Termination.--The Board shall terminate on the date on
which it submits a proposed regulation to the Commission or at
the discretion of the Chairman of the Federal Communications
Commission, but no later than 18 months after the Board's first
meeting.
TITLE V--MUNICIPAL BROADBAND
SEC. 501. SHORT TITLE.
This title may be cited as the ``Community Broadband Act''.
SEC. 502. STATE REGULATION OF MUNICIPAL BROADBAND NETWORKS.
Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 157
note) is amended--
(1) by redesignating subsection (c) as subsection (i);
(2) by inserting after subsection (b) the following:
``(c) Local Government Provision of Advanced Communications
Capability and Services.--No State statute, regulation, or other State
legal requirement may prohibit or have the effect of prohibiting any
public provider from providing, to any person or any public or private
entity, advanced telecommunications capability or any service that
utilizes the advanced telecommunications capability provided by such
public provider.
``(d) Safeguards.--
``(1) Antidiscrimination.--To the extent any public
provider regulates competing providers of advanced
telecommunications capability or any service that utilizes the
advanced telecommunications capability provided by such
providers, the public provider shall apply its ordinances,
rules, policies, and fees, including those relating to public
rights-of-way, permitting, performance bonding, and reporting,
without discrimination in favor of itself or any other advanced
telecommunications capability provider that such public
provider owns or is affiliated with, as compared to other
providers of such capability or services.
``(2) Application of general laws.--Nothing in this
subsection or subsections (e) through (g) shall exempt a public
provider from any Federal or State telecommunications law or
regulation that applies to all providers of--
``(A) advanced telecommunications capability; or
``(B) any service that utilizes the advanced
telecommunications capability provided by such public
provider.
``(e) Public-Private Partnerships Encouraged.--Each public provider
that intends to provide advanced telecommunications capability or any
service that utilizes the advanced telecommunications capability
provided by such public provider to the public shall consider the
potential benefits of a public-private partnership prior to providing
such capability or services.
``(f) Notice and Opportunity To Bid for the Private Sector.--
``(1) Notice and opportunity to bid required.--If a public
provider decides not to initiate a project to provide advanced
telecommunications capability or any service that utilizes the
advanced telecommunications capability provided by such public
provider to the public through a public-private partnership,
then, before the public provider may provide such advanced
telecommunications capability or any such service that utilizes
the advanced telecommunications capability provided by such
public provider to the public, the public provider shall--
``(A)(i) publish notice of its intention in media
generally available to the public in the area in which
it intends to provide such capability or service; or
``(ii) utilize such notice procedures as such
provider already had in effect as of the date of
enactment of the Community Broadband Act, if such
notice has the effect of making such notice generally
known to the public; and
``(B) provide an opportunity for commercial
enterprises to bid to provide such capability or
service during the 30-day period following publication
of the notice.
``(2) Notice requirements.--The public provider shall
include in the notice required by paragraph (1) a description
of the proposed scope of the advanced telecommunications
capability or any service that utilizes the advanced
telecommunications capability provided by such public provider
to be provided, including--
``(A) the services to be provided (including
network capabilities);
``(B) the coverage area;
``(C) service tiers and pricing; and
``(D) any proposal for providing advanced
telecommunications capability or any service that
utilizes the advanced telecommunications capability
provided by such public provider to low-income areas,
or other demographically or geographically defined
areas.
``(3) Public notice and input on proposed projects.--
``(A) In general.--Each public provider shall--
``(i) publish notice of each proposal to
provide advanced telecommunications capability
or any service that utilizes the advanced
telecommunications capability provided by such
public provider to the public by a commercial
enterprise under paragraph (1)(B); and
``(ii) provide local citizens in the
jurisdiction of that public provider and such
commercial enterprises with information on the
specifics of each such project, including--
``(I) the cost to taxpayers, and
the benefits of, the proposed public
provider project; and
``(II) any potential alternatives
to the proposed public provider
project, including any public-private
partnerships.
``(B) 30-day period.--In order to provide local
citizens and commercial enterprises with an adequate
opportunity to be informed, a public provider shall
provide additional notice requesting that any public
comments on the proposed public provider project be
filed not later than 30 days after the date of
publication of the notice required under subparagraph
(A).
``(4) Approval process.--If a public provider decides to
proceed with its own project to provide advanced
telecommunications capability or any service that utilizes the
advanced telecommunications capability provided by such public
provider to the public despite bids by commercial enterprises
received in accordance with paragraph (1)(B), such public
provider shall authorize that project by whatever process
typically would be utilized by such public provider to approve
projects of comparable cost in the jurisdiction of such public
provider.
``(5) Application to existing arrangements and pending
proposals.--This subsection does not apply to--
``(A) any contract or other arrangement under which
a public provider is providing or upgrading advanced
telecommunications capability or any service that
utilizes the advanced telecommunications capability
provided by such public provider to the public as of
April 20, 2006; or
``(B) any public provider proposal to provide
advanced communications capability or any service that
utilizes the advanced telecommunications capability
provided by such public provider to the public that, as
of April 20, 2006--
``(i) is in the request-for-proposals
process;
``(ii) is in the process of being built; or
``(iii) has been approved by referendum but
is the subject of a lawsuit brought before
March 1, 2006.
``(g) No Receipt of Federal Funds.--If any project to provide
advanced telecommunications capability or any service that utilizes the
advanced telecommunications capability provided by a public provider
under this section fails whether due to bankruptcy, insufficient funds,
or any other reason, no Federal funds may be provided to such public
provider to assist such public provider in maintaining, reviving, or
renewing such project, except if such failure occurred in any
jurisdiction that is subject to a declaration by the President of a
major disaster, as defined under section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
``(h) Temporary Services During States of Emergency.--Nothing in
subsections (c) through (g) shall preclude a public provider from--
``(1) immediately deploying a temporary advanced
telecommunications capability or any service that utilizes the
advanced telecommunications capability provided by such public
provider to the public during a state of emergency declared by
the President or the Governor of the State in which such public
provider is located; and
``(2) continuing the operation of such capability or
service until the emergency situation is resolved.''; and
(3) by adding at the end of subsection (i), as
redesignated, the following:
``(3) Public provider.--The term `public provider' means--
``(A) a State or political subdivision thereof;
``(B) any agency, authority, or instrumentality of
a State or political subdivision thereof;
``(C) an Indian tribe (as defined in section 4(e)
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); or
``(D) any entity that is owned, controlled, or
otherwise affiliated with a State, political
subdivision thereof, agency, authority, or
instrumentality, or Indian tribe.''.
TITLE VI--WIRELESS INNOVATION NETWORKS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Wireless Innovation Act of 2006''
or the ``WIN Act of 2006''.
SEC. 602. ELIGIBLE TELEVISION SPECTRUM MADE AVAILABLE FOR WIRELESS USE.
Part I of title III (47 U.S.C. 301 et seq.), as amended by section
453 of this Act, is further amended by adding at the end the following:
``SEC. 343. ELIGIBLE BROADCAST TELEVISION SPECTRUM MADE AVAILABLE FOR
WIRELESS USE.
``(a) In General.--Effective 270 days after the date of enactment
of the WIN Act of 2006, a certified unlicensed device may use eligible
broadcast television frequencies in a manner that protects licensees
from harmful interference.
``(b) Commission To Facilitate Use.--Within 270 days after the date
of enactment of that Act, the Commission shall adopt technical and
device rules in ET Docket No. 04-186 to facilitate the efficient use of
eligible broadcast television frequencies by certified unlicensed
devices, which shall include rules and procedures--
``(1) to protect licensees from harmful interference from
certified unlicensed devices;
``(2) to require certification of unlicensed devices
designed to be operated in the eligible broadcast television
frequencies that includes testing, which may include testing in
an independent laboratory certified by the Commission and field
testing, that demonstrates--
`` (A) compliance with the requirements set forth
pursuant to this paragraph; and
``(B) that such compliance effectively protects
licensees from harmful interference;
``(3) to require manufacturers of such devices to include a
means of disabling or modifying the device remotely if the
Commission determines that certain certified unlicensed devices
may cause harmful interference to licensees;
``(4) to act immediately on any bona fide complaints from
licensees that a certified unlicensed device causes harmful
interference including verification, in the field, of actual
harmful interference; and
``(5) to limit the operation or use of certified unlicensed
devices within any geographic area in which a public safety
entity is authorized to operate as a primary licensee within
the eligible broadcast television frequencies.
``(c) Definitions.--In this section:
``(1) Certified unlicensed device.--The term `certified
unlicensed device' means a device certified under subsection
(b)(2).
``(2) Eligible broadcast television frequencies.--The term
`eligible broadcast television frequencies' means the following
frequencies:
``(A) All frequencies between 54 and 72 megaHertz,
inclusive.
``(B) All frequencies between 76 and 88 megaHertz,
inclusive.
``(C) All frequencies between 174 and 216
megaHertz, inclusive.
``(D) All frequencies between 470 and 608
megaHertz, inclusive.
``(E) All frequencies between 614 and 698
megaHertz, inclusive.
``(3) Licensee.--The term `licensee' means a licensee, as
defined in section 3(24), that is operating in a manner that is
not inconsistent with its license.''.
TITLE VII--DIGITAL TELEVISION
SEC. 701. ANALOG AND DIGITAL TELEVISION SETS AND CONVERTER BOXES;
CONSUMER EDUCATION AND REQUIREMENTS TO REDUCE THE
GOVERNMENT COST OF THE CONVERTER BOX PROGRAM.
(a) Consumer Education Requirements.--Section 330 (47 U.S.C. 330)
is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Consumer Education Requirements Regarding Analog Receivers.--
``(1) Requirements for manufacturers.--The manufacturer of
any analog only television set manufactured in the United
States or shipped in interstate commerce shall--
``(A) place the appropriate removable label
described in paragraph (3) on the screen of such
television set; and
``(B) display the label required by paragraph (3)
on the outside of the retail packaging of the
television set--
``(i) in a clear and conspicuous manner;
and
``(ii) in a manner that cannot be removed.
``(2) Requirements for retailers.--
``(A) In general.--A retailer of analog only
television sets that sells such television sets via
direct mail, catalog, or electronic means, shall
include in all advertisements or descriptions of such
television set the product and the information
described in paragraph (3) within 120 days after the
date of enactment of the Advanced Telecommunications
and Opportunities Reform Act.
``(B) Duty to adequately inform consumers.--
Notwithstanding the requirement in subparagraph (A), it
shall be a violation of this Act for any retailer of
analog-only television sets--
``(i) to fail to adequately inform
consumers about the availability of digital-to-
analog converter boxes; or
``(ii) to provide misleading information
about the availability and cost of such
converter boxes.
``(3) Product and digital television transition
information.--
``(A) Label requirement.--The following product and
digital television transition information shall be
displayed as a label on analog television sets, in both
English and Spanish:
`CONSUMER ALERT
`This TV has only an
``analog'' broadcast tuner and
will require a converter box
after February 17, 2009 to
receive over-the-air broadcasts
with an antenna because of the
Nation's transition to digital
broadcasting on that date as
required by Federal law. It
should continue to work as
before with cable and satellite
TV services, gaming consoles,
VCRs, DVD players, and similar
products.'.
``(B) Blocking technology.--All television sets,
analog or digital, that have a picture screen 13 inches
or greater in size (measured diagonally), shall be
equipped with a feature designed to enable viewers to
block display of all programs with a common rating. For
additional information on such technology, visit http:/
/www.tvguidelines.org.
``(4) Commission outreach.--
``(A) In general.--Beginning within 1 month after
the date of enactment of the Advanced
Telecommunications and Opportunities Reform Act, the
Commission shall initiate a public outreach program the
purpose of which is to educate consumers about the
digital television transition. Not later than October
15, 2007, the Commission shall complete and submit a
national plan to Congress on how to best carry out such
public outreach program. Such plan shall include a
description of how such public outreach program will
carry out the purposes, recommendations, and
requirements described in subparagraphs (A), (B), and
(C) of section 701(b)(3) of the Advanced
Telecommunications and Opportunities Reform Act.
``(B) Website.--The Commission shall maintain and
publicize a website, or an easily accessible page on
its website, containing such consumer information as
well as any links to other websites the Commission
determines to be appropriate.
``(C) Telephone information hotline.--The
Commission shall establish, maintain, and make public a
toll-free information hotline regarding the digital
television transition.
``(5) Public service announcements.--
``(A) In general.--Each television broadcast
licensee or permittee shall broadcast at least 2 30-
second public service announcements daily--
``(i) during the 3-month period beginning
December 1, 2007, such date being 1 month prior
to the commencement of the digital-to-analog
converter box subsidy program authorized under
3005 of the Digital Television Transition and
Public Safety Act of 2005 (Public Law 109-171;
120 Stat. 24); and
``(ii) during the 3-month period beginning
on November 17, 2008, such date being 3 months
prior to the Nation's transition to digital
broadcasting as required under section
309(j)(14) of the Communications Act of 1934
(47 U.S.C. 309(j)(14)).
``(B) Multilingual notices.--The information
required to be provided to consumers under this
paragraph shall be provided in English and Spanish and
may be provided in such other languages as may be
appropriate to the marketing segments of the public to
which the information is addressed.
``(C) Time of broadcast.--The public service
announcements required under subparagraph (A) shall be
broadcast at such times as the Commission, in
accordance with the Working Group established under
section 701(b)(3) of the Advanced Telecommunications
and Opportunities Reform Act, may require in order to
assure the widest possible audience.
``(D) Content of broadcast.--The public service
announcements required under subparagraph (A) shall, at
least--
``(i) notify the public of the--
``(I) date of the digital
transition; and
``(II) starting date of the
digital-to-analog converter box subsidy
program described in subparagraph (A);
and
``(ii) contain the address of the website
and toll-free information hotline provided by
the Commission under subparagraphs (B) and (C)
of paragraph (4).
``(6) Penalty.--In addition to any other civil or criminal
penalty provided by law, the Commission shall issue civil
forfeitures for violations of the requirements of this
subsection in an amount equal to not more than 3 times the
amount of the forfeiture penalty established by section
503(a)(2)(A).
``(7) Sunset.--The requirements of this subsection,
excluding the consumer alert labeling provision described in
paragraph (3), shall cease to apply to manufacturers and
retailers on December 1, 2009.''.
(b) DTV Working Group on Consumer Education, Outreach, and
Technical Assistance.--
(1) In general.--Within 60 days after the date of enactment
of this Act, the Federal Communications Commission shall
establish an advisory committee, to be known as the DTV Working
Group, to consult with State and local governments and the
National Telecommunications and Information Administration to
promote consumer outreach and to provide logistical assistance
on a market-by-market basis to consumers with special needs,
including the converter box subsidy program. The Working Group
shall ensure that the digital-to-analog converter box subsidy
program authorized under section 3005 of Digital Television
Transition and Public Safety Act of 2005 (Public Law 109-171;
120 Stat. 24) includes a means by which to reach and assist
elderly, disabled, low-income, and non-English speaking
households with the delivery and installation of such converter
boxes.
(2) Membership.--The Commission shall appoint to the DTV
Working Group representatives of groups involved with the
transition to digital television, including the Commission, the
National Telecommunications and Information Administration,
other Federal agencies, commercial and noncommercial television
broadcasters, multichannel video programming distributors,
consumer electronics manufacturers and manufacturers of
peripheral devices, broadcast antenna and tuner manufacturers,
retail providers of consumer electronics equipment, as well as
providers of low-income assistance programs, educational
institutions, community groups, consumers, and public interest
groups (including the Television Ratings Oversight Monitoring
Board, the American Association of Retired Persons, the
American Association of People with Disabilities, and the
Seniors Coalition). Members of the DTV Working Group shall
serve without compensation and shall not be considered Federal
employees by reason of their service on the advisory committee.
(3) Purposes.--The purposes of the DTV Working Group are--
(A) to advise the Commission through written
recommendations submitted not later than July 15, 2007,
about the creation and implementation of a national
plan to inform consumers about the digital television
transition as required by section 330(d)(4) of the
Communications Act of 1934 (47 U.S.C. 330(d)(6));
(B) to ensure that the Commission's national plan
includes--
(i) at a minimum, recommended procedures
for public service announcements by
broadcasters, toll-free information hotlines,
and retail displays or notices, and any other
media or non-media outreach methods the
Commission determines necessary, including
methods for reaching consumers after February
17, 2009;
(ii) a requirement that all licensed
broadcasters in a designated market area submit
a joint plan to the Commission and the DTV
Working Group, not later 4 months after the
Commission initiates its public outreach
program under section 330(d) of the
Communications Act of 1934 (47 U.S.C. 330(d)),
that addresses the public outreach and public
service announcement requirements required by
this title to inform consumers in those areas
of the transition to digital television and
that--
(I) includes a description of how
each commercial television broadcaster
will fulfill the public service
announcement requirements required
under section 330(d)(7) of the
Communications Act of 1934 (47 U.S.C.
330(d)(7));
(II) includes market research by
each commercial television broadcaster
regarding projected consumer demand for
converter boxes in their designated
market area; and
(III) will be shared with retailers
inside their designated market area so
that such retailers may stock the
appropriate amount of converter boxes
to meet the needs of consumers within
each designated market area;
(C) to work with the Commission and the National
Telecommunications and Information Administration to
ensure that the digital-to-analog converter box subsidy
program is administered in a manner such that those
consumers with the greatest need, including analog-only
consumers, are adequately served;
(D) to monitor and advise the Commission through 2
DTV Progress Reports regarding the course of the
outreach program during calendar year 2008; such
reports shall describe planned efforts by the private
sector, both nationally and in various television
broadcast markets, to inform consumers about the
digital transition, and shall evaluate the
effectiveness of the outreach program and the digital-
to-analog converter box subsidy program authorized
under section 3005 of Digital Television Transition and
Public Safety Act of 2005 (public Law 109-171; 120
Stat. 24);
(E) to advise the Commission about modifications
necessary to the national plan to minimize potential
disruption to consumers attributable to the transition
to digital broadcasting required under section
309(j)(14) of the Communications Act of 1934 (47 U.S.C.
309(j)(14)); and
(F) to recommend to the Commission procedures for
contacting persons with disabilities, which shall
include--
(i) use of telecommunications relay
services for persons who are deaf, hard of
hearing, or with speech disabilities;
(ii) distribution of printed items
available in alternative formats for persons
with vision and learning disabilities; and
(iii) other alternative formats, including
accessible websites for persons with
disabilities.
(c) Requirements To Promote Sale of Digital Televisions and
Converter Boxes.--
(1) Digital tuner mandate.--Part I of title III (47 U.S.C.
301 et seq.) is amended by inserting after section 303 the
following:
``SEC. 303A. REQUIREMENTS FOR DIGITAL TELEVISION SETS AND CERTAIN OTHER
EQUIPMENT.
``After March 1, 2007, it is unlawful for a manufacturer or
importer to import into the United States or ship in interstate
commerce for sale or resale to the public, a television broadcast
receiver (as defined in section 15.3(w) of the Commission's regulations
(47 C.F.R. 15.3(w))) that is not equipped with a tuner capable of
receiving and decoding digital signals.''.
(2) Commission not to change schedule.--The Federal
Communications Commission may not revise the digital television
reception capability implementation schedule under section
15.117(i) of its regulations (47 C.F.R. 15.117(i)) except to
conform that section to the requirements of section 303A of the
Communications Act of 1934.
(3) Converter boxes.--
(A) Energy standards.--Within 1 year after the date
of enactment of this Act, the Assistant Secretary of
Commerce for Communications and Information, in
consultation with the Secretary of Energy, shall set
the energy standards for digital-to-analog converter
boxes (as defined in section 3005(d) of the Digital
Television Transition and Public Safety Act of 2005 (47
U.S.C. 309 note)), taking into consideration the cost
of the converter box. The standards shall meet the
criteria specified in section 325(o) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(o)).
(B) Application.--Notwithstanding any other
provision of law, the standards set under subparagraph
(A) shall solely govern the energy standards for
converter boxes manufactured or imported for use in the
United States on and after the effective date
established by the Assistant Secretary. This paragraph
shall not apply after May 17, 2010.
(C) Conforming amendment.--Section 3005(d) of the
Digital Television Transition and Public Safety Act of
2005 (47 U.S.C. 309 note)) is amended by inserting ``a
clock, other incidental features, or'' after
``include''.
(d) Downconversion From Digital Signals to Analog Signals.--
(1) Digital-to-analog conversion.--Section 614(b)(4) (47
U.S.C. 534(b)(4)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (I); and
(B) by inserting after subparagraph (A) the
following:
``(B) Digital video signal.--With respect to any
television station that is transmitting broadcast
programming exclusively in the digital television
service in a local market, a cable operator of a cable
system in that market shall carry any digital video
signal requiring carriage under this section and
program-related material in the digital format
transmitted by that station, without material
degradation, if the licensee for that station relies on
this section or section 615 to obtain carriage of the
digital video signal and program-related material on
that cable system in that market.
``(C) Multiple formats permitted.--A cable operator
of a cable system may offer the digital video signal
and program-related material of a local television
station described in subparagraph (A) in any analog or
digital format or formats, whether or not doing so
requires conversion from the format transmitted by the
local television station, so long as--
``(i) the cable operator offers the digital
video signal and program-related material in
the converted analog or digital format or
formats without material degradation; and
``(ii) also offers the digital video signal
and program-related material in the manner or
manners required by this paragraph.
``(D) Transitional conversions.--Notwithstanding
the requirement in subparagraph (B) to carry the
digital video signal and program-related material in
the digital format transmitted by the local television
station, but subject to the prohibition on material
degradation, until February 17, 2014--
``(i) a cable operator--
``(I) shall offer the digital video
signal and program-related material in
the format or formats necessary for
such signal and material to be viewable
on analog and digital televisions; and
``(II) may convert the digital
video signal and program-related
material to standard-definition digital
format in lieu of offering it in the
digital format transmitted by the local
television station; and
``(ii) notwithstanding clause (i), a cable
operator of a cable system with an activated
capacity of 550 megahertz or less--
``(I) shall offer the digital video
signal and program-related material of
the local television station described
in subparagraph (A), converted to an
analog format; and
``(II) may, but shall not be
required to, offer the digital video
signal and program-related material in
any digital format or formats.
``(E) Location and method of conversion.--A cable
operator of a cable system may perform any conversion
permitted or required by this paragraph at any
location, from the cable head-end to the customer
premises, inclusive.
``(F) Conversions not treated as degradation.--Any
conversion permitted or required by this paragraph
shall not, by itself, be treated as a material
degradation.
``(G) Carriage of program-related material.--The
obligation to carry program-related material under this
paragraph is effective only to the extent technically
feasible.
``(H) Definition of standard-definition format.--
For purposes of this paragraph, a signal shall be in
standard definition digital format if such signal meets
the criteria for such format specified in the standard
recognized by the Commission in section 73.682 of its
rules (47 C.F.R. 73.682) or a successor regulation.''.
(2) Tiering.--
(A) Amendment to communications act.--Clause (iii)
of section 623(b)(7)(A) (47 U.S.C. 543(b)(7)(A)(iii))
is amended to read as follows:
``(iii) Any analog signal and any digital
video signal of any television broadcast
station that is provided by the cable operator
to any subscriber, except a signal which is
secondarily transmitted by a satellite carrier
beyond the local service area of such
station.''.
(B) Effective date.--With respect to any television
broadcast station, this subsection and the amendments
made by this paragraph shall take effect on the date
the broadcaster ceases transmissions in the analog
television service.
(3) Material degradation.--Section 614 (47 U.S.C. 534) is
amended--
(A) by redesignating subsection (h) as subsection
(i); and
(B) by inserting after subsection (g) the
following:
``(h) Material Degradation.--For purposes of this section and
section 615, transmission of a digital signal over a cable system in a
compressed bitstream shall not be considered material degradation as
long as such compression does not materially affect the picture quality
the consumer receives.''.
(e) Satellite Downconversion.--Section 338 (47 U.S.C. 338) is
amended by adding at the end the following:
``(l) Specific Carriage Obligations After Digital Transition.--
``(1) Digital video signal.--With respect to any television
broadcast station that is transmitting broadcast programming
exclusively in the digital television service in a local market
in the United States, a satellite carrier carrying the digital
signal of any other television broadcast station in that local
market shall carry the station's primary video required to be
carried and program-related material without material
degradation, if the licensee for that station relies on this
section to obtain carriage of the station's video signal and
program-related material on that satellite carrier's system in
that market.
``(2) Formatting of primary video.--A satellite carrier
shall offer the primary video and program-related material of a
local television station described in paragraph (1) in the
digital format transmitted by the station if the satellite
carrier carries the primary video of any other television
broadcast station in that local market in the same digital
format.
``(3) Multiple formats permitted.--A satellite carrier may
offer the primary video and program-related material of a local
television broadcast station described in paragraph (1) in any
analog or digital format or formats, whether or not doing so
requires conversion from the format transmitted by the local
television broadcast station, so long as--
``(A) the satellite carrier offers the primary
video and program-related material in the converted
analog or digital format or formats without material
degradation; and
``(B) also offers the primary video and program-
related material in the manner or manners required by
this paragraph.
``(4) Transitional conversions.--Notwithstanding any
requirement in paragraph (1) or (2) to carry the primary video
and program-related material in the digital format transmitted
by the local television station, but subject to the prohibition
on material degradation, until February 17, 2014, a satellite
carrier--
``(A) shall offer the primary video and program-
related material of any local television broadcast
station required to be carried under paragraph (1) in
the format or formats necessary for such primary video
and program-related material to be viewable on analog
and digital televisions; and
``(B) may convert the primary video and program-
related material to standard-definition digital format
in lieu of offering it in the digital format
transmitted by the local television station.
``(5) Location and method of conversion.--A satellite
carrier may perform any conversion permitted or required by
this paragraph at any location, from the local receive facility
to the customer premises, inclusive.
``(6) Conversions not treated as degradation.--Any
conversion permitted or required by this paragraph shall not,
by itself, be treated as a material degradation.
``(7) Carriage of program-related material.--The obligation
to carry program-related material under this paragraph is
effective only to the extent technically feasible.
``(8) Definition of standard-definition format.--For
purposes of this subsection, the primary video shall be in
standard definition digital format if such primary video meets
the criteria for such format specified in the standard
recognized by the Commission in section 73.682 of its rules (47
C.F.R. 73.682) or a successor regulation.
``(9) Material degradation.--For purposes of this
subsection, transmission of a digital signal over a satellite
system in a compressed bitstream shall not be considered
material degradation as long as such compression does not
materially affect the picture quality the consumer receives.''.
SEC. 702. DIGITAL STREAM REQUIREMENT FOR THE BLIND.
(a) Rules Reinstated.--The video description rules of the Federal
Communications Commission contained in the report and order identified
as Implementation of Video Description of Video Programming, Report and
Order, 15 F.C.C.R. 15,230 (2000), shall, notwithstanding the decision
of the United States Court of Appeals for the District of Columbia
Circuit in Motion Picture Association of America, Inc., et al., v.
Federal Communications Commission, et al. (309 F. 3d 796, November 8,
2002), be considered to be authorized and ratified by law.
(b) Continuing Authority of Commission.--The Federal Communications
Commission--
(1) shall, within 45 days after the date of enactment of
this Act, republish its video description rules contained in
the report and order Implementation of Video Description of
Video Programming, Report and Order, 15 F.C.C.R. 15,230 (2000);
(2) may amend, repeal, or otherwise modify such rules;
(3) shall initiate a proceeding within 120 days after the
date of enactment of this Act, and complete that proceeding
within 1 year, to consider incorporating accessible information
requirements in its video description rules; and
(4) shall extend the video description rules under this
section to digital broadcast programming and video programming
(as defined in section 602(23) of the Communications Act of
1934), as appropriate, in the public interest.
(c) Accessible Information Defined.--In this section, the term
``accessible information'' may include written information displayed on
television screens during regular programming, hazardous warnings and
other emergency information, local and national news bulletins, and any
other information the Commission deems appropriate.
SEC. 703. STATUS OF INTERNATIONAL COORDINATION.
Until the date on which the international coordination with Canada
and Mexico of the DTV table of allotments is complete (as determined by
the Federal Communications Commission), the Federal Communications
Commission shall submit a report every 6 months on the status of that
international coordination to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Energy and Commerce.
SEC. 704. CERTAIN BORDER STATIONS.
Section 309(j)(14) (47 U.S.C. 309(j)(14)) is amended by adding at
the end the following:
``(D) Border stations.--An analog broadcast
television station, whose programming is broadcast
entirely in the Spanish-language, that prior to
February 17, 2009, is licensed by the Commission to
serve communities located within 50 miles of the common
border with the United Mexican States and can establish
to the satisfaction of the Federal Communications
Commission that its continued operation in analog is in
the public interest, shall be entitled to the renewal
of its television broadcast license authorizing analog
television service and to operate on a channel between
2 and 51 that complies with the following provisions
through February 17, 2011:
``(i) The channel used for analog operation
may not--
``(I) prevent the auction of
recovered spectrum, as provided for in
paragraph (15) of this subsection;
``(II) prevent the use of recovered
spectrum by public safety services, as
provided for by section 337(a)(1) of
this Act; and
``(III) encumber nor interfere with
any channels reserved for public safety
use as designated in FCC ET Docket No.
97-157.
``(ii) The station shall operate on its
assigned analog channel as of February 16,
2009, if that channel--
``(I) is designated between 2 and
51;
``(II) has not been assigned to the
station itself or another station for
digital operation after the digital
transition; and
``(III) could be used by that
station for analog operation after the
digital transition without causing
interference to previously authorized
digital television stations.
``(iii) If the station does not meet the
criteria of clause (ii) for operation on its
assigned analog channel as of February 16,
2009, the station may request, and the
Commission shall promptly act upon such
request, to be assigned a new channel for its
analog operation, if the requested channel--
``(I) is shall between channels 2
and 51; and
``(II) allows the station to
operate on a primary basis without
causing interference to other analog or
digital television stations or to
stations licensed to operate in other
radio services that also operate on
channels between 2 and 51. Where
mutually exclusive applications are
submitted for analog television
operation on a channel under the
provisions of this section, the
Commission shall award the authority to
use that channel through the
application of the procedures of this
subsection and giving due consideration
to the alternative resolution
procedures of paragraph (6)(E) of this
subsection.
``(iv) The station shall, from February 16,
2009, through February 17, 2011, regularly
broadcast Spanish-language public service
announcements that serve to educate the
station's viewers to the digital transition and
the need to secure digital converters or
monitors so that the station's viewers can
receive the station's digital signal after
February 17, 2011.''.
TITLE VIII--PROTECTING CHILDREN
SEC. 801. VIDEO TRANSMISSION OF CHILD PORNOGRAPHY.
Section 621 (47 U.S.C. 541) is amended by adding at the end the
following:
``(g) Child Pornography.--
``(1) In general.--A video service provider authorized to
provide video service in a local franchise area shall comply
with the regulations on child pornography promulgated pursuant
to paragraph (2).
``(2) Regulations.--Not later than 180 days after the date
of enactment of the Advanced Telecommunications and
Opportunities Reform Act, the Commission shall promulgate
regulations to require a video service to prevent the offering
of child pornography (as such term is defined in section
254(h)(7)(F)).''.
SEC. 802. ADDITIONAL CHILD PORNOGRAPHY AMENDMENTS.
(a) Increase in Fine for Failure To Report.--Section 227(b)(4) of
the Crime Control Act of 1990 (42 U.S.C. 13032(b)(4)) is amended--
(1) by striking ``$50,000;'' in subparagraph (A) and
inserting ``$150,000;''; and
(2) by striking ``$100,000.'' in subparagraph (B) and
inserting ``$300,000.''.
(b) Warning Labels for Websites Depicting Sexually Explicit
Material.--
(1) In general.--
(A) Notice requirement.--It is unlawful for the
operator of a website that is primarily operated for
commercial purposes knowingly, and with knowledge of
the character of the material, to place sexually
explicit material on the website unless--
(i) the first page of the website viewable
on the Internet does not include any sexually
explicit material; and
(ii) each page or screen of the website
that does contain sexually explicit material
also displays the matter prescribed by the
Federal Trade Commission under paragraph (2).
(B) Exception for restricted access websites.--
Subparagraph (A)(ii) does not apply to any website
access to which is restricted to a specific set of
individuals through a password or other access
restriction mechanism.
(2) Marks or notices.--Within 90 days after the date of
enactment of this Act, the Federal Trade Commission shall, in
consultation with the Attorney General, promulgate regulations
establishing clearly identifiable marks or notices to be
included in the code, if technologically feasible, or on the
pages or screens of a website that contains sexually explicit
material to inform any person who accesses that website of the
nature of the material and to facilitate the filtering of such
pages or screens.
(3) Inapplicability to carriers and other service
providers.--Subsection (a) does not apply to a person to the
extent that the person is--
(A) a telecommunications carrier (as defined in
section 3(44) of the Communications Act of 1934 (47
U.S.C. 153(44));
(B) engaged in the business of providing an
Internet access service; or
(C) engaged in the transmission, storage,
retrieval, hosting, formatting, or translation of a
communication made by another person, without selection
or alteration of the content (other than by translation
or by lawful selection or deletion of matter).
(4) Definitions.--In this subsection:
(A) Website.--The term ``website'' means any
collection of material placed in a computer server-
based file archive so that it is publicly accessible
over the Internet using hypertext transfer protocol, or
any successor protocol.
(B) Sexually explicit material.--The term
``sexually explicit material'' means material that
depicts sexually explicit conduct (as defined in
section 2256(2)(A) of section 2256 of title 18, United
States Code), unless that depiction constitutes a small
and insignificant part of the whole, the remainder of
which is not primarily devoted to sexual matters.
(C) Internet.--The term ``Internet'' means the
combination of computer facilities and electromagnetic
transmission media, and related equipment and software,
comprising the interconnected worldwide network of
computer networks that employ the Internet protocol or
any successor protocol to transmit information.
(D) Internet access service.--The term ``Internet
access service'' means a service that enables users to
access content, information, electronic mail, or other
services offered over the Internet and may also include
access to proprietary content, information, and other
services as part of a package of services offered to
the public other than telecommunications service (as
defined in section 3(46) of the Communications Act of
1934 (47 U.S.C. 153(46))).
(5) Penalty.--Violation of this subsection is punishable by
a fine under title 18, United States Code, or imprisonment for
not more than 5 years, or both.
(c) Prohibition on Deceptive Website Devices To Trick Individuals
Into Accessing Matter That Is Obscene or Harmful to Children.--
(1) In General.--Chapter 110 of title 18, United States
Code, is amended by inserting after section 2252B the
following:
``Sec. 2252C. Misleading words or images on the Internet
``(a) In General.--
``(1) Matter that is obscene.--It is unlawful for any
person knowingly to embed words, symbols, or digital images
into the source code of a website with the intent to deceive
another person into viewing material that is obscene.
``(2) Matter that is harmful to children.--It is unlawful
for any person knowingly to embed words, symbols, or digital
images into the source code of a website with the intent to
deceive a minor into viewing material that is harmful to
minors.
``(3) Identified matter not deceptive.--For purposes of
this section, a word, symbol, or image that clearly indicates
the sexual content of a website as sexual, pornographic, or
similar terms shall not be considered to be misleading or
deceptive.
``(b) Definitions.--In this section:
``(1) Material harmful to minors.--The term `material that
is harmful to minors' means a communication consisting of
nudity, sex, or excretion that, taken as a whole and with
reference to its content--
``(A) predominantly appeals to a prurient interest
of a minor;
``(B) is patently offensive to prevailing standards
in the adult community as a whole with respect to what
is suitable material for minors; and
``(C) lacks serious literary, artistic, political,
or scientific value for minors.
``(2) Sex.--The term `sex' means acts of masturbation,
sexual intercourse, or physical contact with a person's
genitals, or the condition of human male or female genitals
when in a state of sexual stimulation or arousal.
``(3) Source code.--The term `source code' means the
combination of text and other characters comprising the
content, both viewable and nonviewable, of a web page,
including any website publishing language, programming
language, protocol, or functional content.
``(c) Penalties.--
``(1) Obscene material.--Violation of subsection (a)(1) is
punishable by a fine under this title, or imprisonment for not
more than 2 years, or both.
``(2) Material harmful to minors.--Violation of subsection
(a)(2) is punishable by a fine under this title, or
imprisonment for not more than 4 years, or both.''.
(2) Conforming Amendment.--The chapter analysis for chapter
110 of title 18, United States Code, is amended by inserting
after the item relating to section 2252B the following:
``2252C. Misleading words or images on the Internet.''.
(d) Civil Remedies.--
(1) In General.--Section 2255(a) of title 18, United States
Code, is amended--
(A) by striking ``(a) Any minor who is'' in the
first sentence and inserting ``(a) In General.--Any
person who, while a minor, was'';
(B) by striking ``such violation'' in the first
sentence and inserting ``such violation, regardless of
whether the injury occurred while such person was a
minor,'';
(C) by striking ``such minor'' in the first
sentence and inserting ``such person'';
(D) by striking ``Any minor'' in the second
sentence and inserting ``Any person''; and
(E) by striking ``$50,000'' in the second sentence
and inserting ``$150,000''.
(2) Conforming amendment.--Section 2255(b) of title 18,
United States Code, is amended by striking ``(b) Any action''
and inserting ``(b) Statute of Limitations.--Any action''.
SEC. 803. PREVENTION OF INTERACTIVITY WITH COMMERCIAL MATTER DURING
CHILDREN'S PROGRAMMING.
(a) In General.--It shall be the duty of each cable operator, video
service provider, multichannel video programming distributor, satellite
carrier, or any other provider of cable or over-the-air broadcast
programming to prevent interactivity with commercial matter during any
children's programming whether on, broadcast, cable, satellite
television, or any other means of delivering programming to children,
as well as during advertisements aired during or adjacent to such
programs.
(b) Rule of Construction.--For purposes of this section, the term
``commercial matter'' means any interactivity designed with the purpose
of selling or promoting a product, service, or brand.D23/
SEC. 804. FCC STUDY OF BUS-CASTING.
(a) In General.--The Federal Communications Commission shall
conduct a study of commercial proposals to broadcast radio or
television programs for reception onboard specially equipped school
buses operated by, or under contract with, local public educational
agencies. In the study, the Commission shall examine--
(1) the nature of the material proposed to be broadcast and
whether it is age appropriate for the passengers;
(2) the amount and nature of commercial advertising to be
broadcast; and
(3) whether such broadcasts for reception by public school
buses are in the public interest.
(b) Report.--The Commission shall report its findings and
recommendations to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Energy and
Commerce within 6 months after the date of enactment of this Act.
TITLE IX--INTERNET CONSUMER BILL OF RIGHTS ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Internet Consumer Bill of Rights
Act of 2006''.
SEC. 902. FINDINGS.
Congress finds that the Federal Communications Commission should
seek to--
(1) preserve the free-flow of ideas and information on the
Internet;
(2) promote public discourse on the Internet;
(3) preserve the vibrant and competitive free market that
presently exists for the Internet and other interactive
computer services unfettered by Federal or State regulation;
(4) encourage investment and innovation in Internet
networks and applications markets through a diversity of
business models; and
(5) promote deployment of broadband networks nationwide.
SEC. 903. CONSUMER INTERNET BILL OF RIGHTS.
(a) In General.--Except as otherwise provided in this title, with
respect to Internet services, each Internet service provider shall
allow each subscriber to--
(1) access and post any lawful content of that subscriber's
choosing;
(2) access any web page of that subscriber's choosing;
(3) access and run any voice application, software, or
service of that subscriber's choosing;
(4) access and run any video application, software, or
service of that subscriber's choosing;
(5) access and run any email application, software, or
service of that subscriber's choosing;
(6) access and run any search engine of that subscriber's
choosing;
(7) access and run any other application, software, or
service of that subscriber's choosing;
(8) connect any legal device of that subscriber's choosing
to the Internet access equipment of that subscriber, if such
device does not harm the network of the Internet service
provider; and
(9) receive clear and conspicuous information, in plain
language, about the estimated speeds, capabilities,
limitations, and pricing of any Internet service offered to the
public.
(b) No Interference With the Internet.--A subscriber may exercise
any of the rights enumerated in subsection (a)--
(1) without interference from any Federal, State, or local
government, except as specifically authorized by law;
(2) without interference from an Internet service provider,
except as otherwise provided by law;
(3) for any legal purpose; and
(4) subject to the limitations of the Internet service such
subscriber has purchased.
SEC. 904. APPLICATION OF THE FIRST AMENDMENT.
Consistent with the First Amendment to the United States
Constitution, as applied to the States through the Fourteenth Amendment
to the United States Constitution--
(1) no Federal, State, or local government may limit,
restrict, ban, prohibit, or otherwise regulate content on the
Internet because of the religious views, political views, or
any other views expressed in such content unless specifically
authorized by law; and
(2) no Internet service provider engaged in interstate
commerce may limit, restrict, ban, prohibit, or otherwise
regulate content on the Internet because of the religious
views, political views, or any other views expressed in such
content unless specifically authorized by law.
SEC. 905. STAND-ALONE INTERNET SERVICE SHALL BE OFFERED TO THE PUBLIC.
An Internet service provider shall offer to any potential
subscriber any Internet service such provider offers without requiring
that subscriber to purchase or use any telecommunications service,
information service, IP-enabled voice service, video service, or other
service offered by such Internet service provider.
SEC. 906. NETWORK SECURITY, WORMS, VIRUSES, DENIAL OF SERVICE, PARENTAL
CONTROLS, AND BLOCKING CHILD PORNOGRAPHY.
An Internet service provider may--
(1) protect the security, privacy, or integrity of the
network or facilities of such provider, the computer of any
subscriber, or any service, including by--
(A) blocking worms or viruses; or
(B) preventing denial of service attacks;
(2) facilitate diagnostics, technical support, maintenance,
network management, or repair of the network or service of such
provider;
(3) prevent or detect unauthorized, fraudulent, or
otherwise unlawful uses of the network or service of such
provider;
(4) block access to content, applications, or services that
Federal or State law expressly authorizes to be blocked,
including child pornography;
(5) provide consumers Parental Control applications,
devices, or services, including--
(A) blocking access to websites with obscene or
adult content;
(B) blocking display of video content based on a
common rating; or
(C) offering a family friendly tier of service; and
(6) allow a subscriber to elect to have content,
applications, or services blocked at the request of such
subscriber.
SEC. 907. ENFORCEMENT.
(a) In General.--The Federal Communications Commission shall, by
rule, establish an adjudicatory enforcement procedure under which--
(1) any subscriber aggrieved by a violation of the
requirements of section 903 may initiate an enforcement action
by filing a complaint, in such form and in such manner as the
Commission may prescribe; and
(2) the Commission shall make a determination, after notice
and an opportunity for a hearing, with respect to any bona fide
complaint not later than 120 days after the date on which such
complaint is received.
(b) Penalty for Violations.--Any person who violates any provision
of this title shall be subject to enforcement action by the Commission
under title IV and section 503 of the Communications Act of 1934. For
purposes of any forfeiture imposed pursuant to section 503 for such a
violation, the maximum forfeiture for a violation of this title shall
be $500,000 for each such violation.
(c) Equitable Relief Available.--In response to any complaint of a
violation of this title, the Commission may--
(1) issue an injunction or temporary restraining order; or
(2) provide such other equitable relief as the Commission
determines appropriate.
SEC. 908. COMMISSION PROHIBITED FROM ISSUING REGULATIONS.
Except as provided in section 907(a), the Commission shall not--
(1) promulgate any regulations implementing this title; nor
(2) enlarge or modify the obligations imposed on Internet
service providers through the adjudicatory process under
section 907.
SEC. 909. FCC REVIEW.
(a) In General.--Beginning 1 year after the date of enactment of
this Act, the Federal Communications Commission shall report annually
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives regarding--
(1) the developments in Internet traffic processing,
routing, peering, transport, and interconnection;
(2) how such developments impact the free-flow of
information over the public Internet and the consumer and small
business experience using the public Internet;
(3) business relationships between Internet service
providers and applications and online user service providers;
and
(4) the development of and services available over public
and private Internet offerings.
(b) Determinations and Recommendations.--The Federal Communications
Commission shall make such recommendations under subsection (a), as the
Commission determines appropriate.
SEC. 910. EXCEPTIONS.
Nothing in this title shall--
(1) preclude an Internet service provider from displaying
advertisements in connection with a broadband service; or
(2) apply to a service in which Internet service is not the
primary service, such as a video service offered under Title VI
of the Communications Act of 1934 (47 U.S.C. 521 et seq.).
SEC. 911. FCC TO REVISIT BROADBAND SPEEDS.
Within 90 days after the date of enactment of this Act and
biennially thereafter, the Federal Communications Commission shall
revise its definition of broadband to reflect a data rate--
(1) greater than the 200 kilobits per second standard
established in its Section 706 Report (14 FCC Rec. 2406); and
(2) consistent with data rates for broadband communications
services generally available to the public on the date of
enactment of this Act and thereafter, upon the date of the
Commission's review.
SEC. 912. PROTECTION OF EMERGENCY COMMUNICATIONS.
An Internet service provider shall prioritize, to the extent
technically feasible, 911 and E-911 emergency communications to ensure
timely and effective emergency communications in a manner that is not
inconsistent with other priority levels needed in times of Federal,
State, and local emergencies and for other public safety and homeland
security needs or requirements.
SEC. 913. DEFINITIONS.
In this title:
(1) Internet service.--The term ``Internet service'' means
any service that provides access to the public Internet
directly to the public.
(2) Subscriber.--The term ``subscriber'' means a retail end
user that purchases Internet service.
TITLE X--MISCELLANEOUS
SEC. 1001. COMMISSIONER PARTICIPATION IN FORUMS AND MEETINGS.
(a) In General.--Section 5 (47 U.S.C. 155) is amended by adding at
the end the following:
``(f) Meetings.--
``(1) Attendance required.--Notwithstanding 552b of title
5, United States Code, and section 4(h) of this Act, the
Commission may conduct a meeting that is not open to the public
if the meeting is attended by--
``(A) all members of the Commission; or
``(B) at least 1 member of the political party
whose members are in the minority.
``(2) Voting prohibited.--The Commission may not vote or
make any final decision on any matter pending before it in a
meeting that is not open to the public, unless--
``(A) otherwise authorized by section 552b(b) of
title 5, United States Code; or
``(B) the Commission has moved its operations
outside Washington, D.C., pursuant to a Continuity of
Operations Plan.
``(3) Publication of summary.--If the Commission conducts a
meeting that is not open to the public under this section, the
Commission shall promptly publish an executive summary
describing the matters discussed at that meeting after the
meeting ends, except for such matters as the Commission
determines may be withheld under section 552b(c) of title 5,
United States Code. This paragraph does not apply to a meeting
described in paragraph (4).
``(4) Quorum unnecessary for certain meetings.--Neither
section 552b of title 5, United States Code, nor paragraph (1)
of this subsection applies to--
``(A) a meeting of 3 or more members of the
Commission with the President, any person employed by
the Office of the President, any official of a Federal,
State, or local agency, a Member of Congress or his
staff;
``(B) the attendance, by 3 or more members of the
Commission, at a forum or conference to discuss general
communications issues; or
``(C) a meeting of 3 or more members of the
Commission when the Continuity of Operations Plan is in
effect and the Commission is operating under the terms
of that Plan.
``(5) Savings clause.--Nothing in this subsection shall be
construed to prohibit the Commission from doing anything
authorized by section 552b of title 5, United States Code.''.
SEC. 1002. OFFICE OF INDIAN AFFAIRS.
(a) In General.--There is established within the Federal
Communications Commission an Office of Indian Affairs.
(b) Relationship to Tribal Governments.--The Office shall
recognize--
(1) that the Federal government has a longstanding policy
of promoting tribal self-sufficiency and economic development
as embodied in various Federal statutes;
(2) that the Federal government has a trust responsibility
to and a government-to-government relationship with recognized
tribes;
(3) its own general trust relationship with, and
responsibility to, Federally-recognized Indian Tribes; and
(4) the rights of Tribal governments to establish and
implement their own communications priorities and goals for the
welfare of their membership.
(c) Purposes.--The Office shall--
(1) work with Indian Tribes on a government-to-government
basis consistent with the principles of Tribal self-governance
to ensure, through regulations and policy initiatives, and
consistent with section 1 of the Communications Act of 1934 (47
U.S.C. 151), that Indian Tribes have adequate access to
communications services and to further the goals and priorities
herein;
(2) consult with Tribal governments prior to implementing
any regulatory action or policy that will significantly or
uniquely affect Tribal governments, their members, land, and
resources;
(3) advise directly the Commission, offices, and Bureaus on
matters of Tribal law and sovereignty, conducting outreach to
Indian Tribes, coordinating and preparing an annual report on
status of telecommunications in Indian country, and such other
duties as the Commission shall determine;
(4) strive to develop working relationships with Tribal
governments, and endeavor to identify innovative mechanisms to
facilitate Tribal consultation in agency regulatory processes
that uniquely affect telecommunications compliance activities,
radio spectrum policies, and other telecommunications service-
related issues on Tribal lands;
(5) endeavor to streamline its administrative process and
procedures to remove undue burdens that its decisions and
actions place on Indian Tribes and seek to remove those
impediments to the extent authorized by law;
(6) assist Indian Tribes in complying with Federal
communications statutes and regulations;
(7) seek to identify and establish procedures and
mechanisms to educate Commission staff about Tribal governments
and Tribal cultures, sovereignty rights, Indian law, and Tribal
communications needs;
(8) work cooperatively with other Federal departments and
agencies, Tribal, State, and local governments to further the
goals of this policy and to address communications problems,
such as low penetration rates and poor quality services on
reservations, and other problems of mutual concern;
(9) welcome submission from Tribal governments and other
concerned parties as to other actions the Commission might take
to further the goals and principles presented herein;
(10) facilitate incorporation of these Indian policy goals
into the Commission's ongoing and long-term planning and
management activities, including its policy proposals,
management accountability system, and ongoing policy
development processes; and
(11) perform such other tasks as are necessary to preserve
and advance the trust relationship between the Federal
government and Tribal governments.
SEC. 1003. OFFICE OF CONSUMER ADVOCATE.
(a) In General.--There is established within the Federal
Communications Commission an Office of Consumer Advocate. The Office
shall be headed by a Director, appointed by the Commission.
(b) Independence of the Office.--The Office shall be independent of
the other bureaus and offices of the Commission. The Office and its
staff shall be bound by the same code of conduct, personnel practices,
procurement procedures, contracting procedures, and other relevant
practices and procedures as the Commission.
(c) Appointment of Director; Grounds for Removal from Office.--
(1) In general.--The Director shall be appointed by the
Commissioners of the Commission, in consultation with each
other and with the advisory committee established under
subsection (h).
(2) Initial appointment.--The initial Director shall be
appointed within 180 days after the date of enactment of this
Act.
(3) Term; removal.--The Director--
(A) shall be appointed for a term of 4 years;
(B) may be removed by the Chairman of the
Commission only for cause, such as malfeasance or the
failure to carry out the duties of the position; and
(C) shall be eligible for reappointment.
(4) Qualifications.--The Director shall--
(A) be a citizen of the United States;
(B) be admitted to the practice of law;
(C) be knowledgeable about the various areas within
the Commission's jurisdiction;
(D) have experience in public interest advocacy;
and
(E) be independent of, and have no substantial
pecuniary interest in, any business regulated by the
Commission for at least 3 years preceding appointment.
(5) Compensation.--The Director shall be compensated at the
rate established for GS-15 of the General Schedule under
section 5104 of title 5, United States Code. The salaries paid
to any members of the staff of the Office shall be consistent
with and in the range applicable to salaries paid to employees
of the Commission.
(d) Duties.--The Director of the Office shall act as an attorney
for and represent all residential consumers generally, in any matters
relating to matters within the jurisdiction of the Commission.
(e) Authority.--The Director may--
(1) comment, intervene, or otherwise be a party in any
Commission proceeding or investigation concerning matters
within the Commission's jurisdiction that affect residential
consumers;
(2) have the same access to Commission records as enjoyed
by other Commission officials;
(3) appeal any determination, finding, or order of the
Commission in any proceeding in which the Office has
participated;
(4) appear on behalf of residential consumers before other
Federal agencies and Federal courts in cases as the Director
may determine is consistent with the Office's goals;
(5) participate in any Commission-established committees or
other bodies that consider or review matters that affect
residential consumers of services within the Commission's
jurisdiction; and
(6) appear and testify before Congress regarding matters
within the scope of the Office's duties.
(f) Responsibilities of Director.--The Director shall be
responsible for effectuating the purpose, goals, and administration of
the Office, including the provision of any necessary technical and
professional staff, equipment and other facilities. The members of the
staff of the Office shall be subject to the same protections and
privileges as other equivalent staff of the Commission. The Director
shall have the authority to conduct or contract for studies, surveys,
research, or expert witness testimony relating to matters affecting the
interests of residential consumers of services within the Commission's
jurisdiction. The Director shall have the authority to request the
assistance of personnel from State consumer advocate offices to
effectuate its responsibilities, so that Commission resources are not
overburdened. On no less frequent than an annual basis, the Office
shall issue a written report that contains a description of its
activities and budget allocation for the previous fiscal year, and a
proposed budget and description of priorities for the following fiscal
year.
(g) Representation of Consumers.--In exercising the discretion of
whether the Office will represent or refrain from representing
residential consumers in a particular matter, the Director shall
consider the importance and extent of residential consumers' interests
and whether those interests would be adequately represented. If the
Director determines there may be a conflict among or between classes of
residential consumers in a particular matter, the Director may choose
to represent one of the interests or none of the interests.
(h) Advisory Committee.--
(1) Appointment.--There is established an Advisory
Committee to assist the Director in carrying out the Director's
duties, as appropriate and reasonable. The Advisory Committee
shall be composed of--
(A) 3 members chosen by a national association of
State utility consumer advocates; and
(B) 4 members chosen by the Chairman of the
Commission.
(2) Qualifications.--Each member of the advisory committee
shall have experience in consumer interests in matters within
the jurisdiction of the Commission.
(3) Compensation and Reimbursement for Expenses.--Members
of the advisory committee shall serve without compensation and
may not be reimbursed for travel or related expenses even while
engaged in official business of the advisory committee.
(i) Funding.--The annual budget of the Commission shall include an
account separate from the other bureaus and offices of the Commission,
which account shall be used exclusively by the Office in the
performance of its duties. The budget for the Office shall be
separately identified in the Commission's annual budget request. There
are authorized to be made available to the Office for fiscal year
$200,000.
(j) Standing of State Officials.--The creation of the Office shall
in no way derogate the standing of any State consumer advocate or any
national association of State utility consumer advocates to appear
before the Commission, or appeal any Commission decision.
SEC. 1004. DATA ON LOCAL COMPETITION IN DIFFERENT PRODUCT MARKETS.
(a) Inquiry.--Not later than 180 days after the date of enactment
of this Act, and every year thereafter, the Commission shall conduct an
inquiry regarding the extent to which providers of communications
service have deployed their own local transmission facilities.
(b) Data Collection.--In connection with its inquiry, the
Commission shall require that all providers of communications service
submit annual reports to the Commission describing the extent to which
they have deployed their own local transmission facilities. At a
minimum, providers shall report separately on their deployment of loop
facilities in each wire center used to provide service in different
product markets served by communications service providers. In defining
product markets for these purposes, the Commission shall utilize the
methodology set forth in the United States Department of Justice and
Federal Trade Commission Horizontal Merger Guidelines and shall, at a
minimum, distinguish among the products demanded by--
(1) residential customers;
(2) small and medium-sized business customers; and
(3) large business customers.
(c) Report to Congress.--Not later than one year after the date of
enactment of this Act, and each year thereafter, the Commission shall
submit a report to Congress describing the extent to which providers of
telecommunications service, broadband service, and IP-enabled voice
service have deployed their own local transmission facilities. Such
report shall analyze separately the extent of actual facilities-based
competition in each wire center in the product markets described in
subsection (b).
(d) Definitions.--In this section:
(1) Broadband service.--The term ``broadband service''
means any service used for transmission of information of a
user's choosing with a transmission speed of at least 200
kilobits per second in at least 1 direction, regardless of the
transmission medium or technology employed, that connects to
the public Internet for a fee directly--
(A) to the public; or
(B) to such classes of users as to be effectively
available directly to the public.
(2) Communications service.--The term ``communications
service'' means telecommunications service, broadband service,
or IP-enabled voice service (whether offered separately or as
part of a bundle of services).
(3) IP-enabled voice service.--The term ``IP-enabled voice
service'' means the provision of real-time 2-way voice
communications offered to the public, or such classes of users
as to be effectively available to the public, transmitted
through customer premises equipment using Internet protocol, or
a successor protocol, for a fee (whether part of a bundle of
services or separately) with 2-way interconnection capability
such that the service can originate traffic to, and terminate
traffic from, the public switched telephone network.
(4) Local transmission facilities.--The term ``local
transmission facilities'' means wireless and wireline
transmission facilities used to transmit information or signals
to, from or among locations within a wire center.
SEC. 1005. IMPROVED ENFORCEMENT OPTIONS.
(a) Increased Penalties.--Section 503(b)(2)(B) (47 U.S.C.
503(b)(2)(B)) is amended--
(1) by striking ``$100,000'' and inserting ``$1,000,000'';
and
(2) by striking ``$1,000,000'' and inserting
``$10,000,000''.
(b) Statute of Limitations.--Section 503(b)(6) (47 U.S.C.
503(b)(6)) is amended--
(1) by striking ``or'' after the semicolon in subparagraph
(A)(ii);
(2) redesignating subparagraph (B) as subparagraph (C); and
(3) inserting after subparagraph (A) the following:
``(B) such person is a common carrier subject to the
provisions of this Act or an applicant for any common carrier
license, permit, certificate, or other instrument of
authorization issued by the Commission and if the violation
charged occurred more than 3 years prior to the date of
issuance of the required notice or notice of apparent
liability; or''.
(c) Independent Network Affiliates.--Section 503(b) (47 U.S.C.
503(b)), as amended by section 338, is further amended by adding at the
end the following:
``(8) Independent network affiliates.--
``(A) In general.--No forfeiture penalty shall be
determined or imposed under paragraph (2) of this
subsection against an independent network affiliate for
a violation of any section of title 18, United States
Code, referred to in paragraph (1)(D) with respect to
network-originated programming--
``(i) that the affiliate has not been
afforded the reasonable opportunity to preview
prior to its scheduled air time; or
``(ii) for which the network has failed to
advise the affiliate prior to the scheduled air
time that the programming contains content that
could be in violation of any such section.
``(B) Independent network affiliate defined.--In
this paragraph, the term `independent network
affiliate' means a television broadcast station
licensee that is neither owned nor controlled by a
television network (as defined in section 340(d)(5) of
this Act.''.
SEC. 1006. MOBILE SERVICES TERMS AND CONDITIONS.
(a) In General.--Subparagraph (A) of section 332(c)(3) (47 U.S.C.
332(c)(3)) is amended--
(1) by striking the first sentence and inserting ``(i)
Notwithstanding sections 2(b) and 221(b) or any other provision
of law, a State or local government shall not regulate or
adjudicate--
``(I) the entry of or the rates charged by any
provider of commercial mobile service or private mobile
service for any such mobile service or any or any other
service that is primarily intended for receipt on or
use with a wireless device that is utilized by a
customer of such mobile service in connection with such
mobile service; or
``(II) any terms and conditions of such mobile
service or any other such service, except pursuant to a
law or regulation generally applicable to businesses in
the State other than a law or regulation that regulates
or has the effect of regulating the entry or rates for
any such service.'';
(2) by inserting after the first sentence, as so amended
the following:
``(ii) Nothing in this section shall affect the authority
of the Commission under this Act to adopt consumer protection
requirements applicable to providers of commercial mobile
service or private mobile services.'';
(3) by indenting the sentence beginning ``Nothing in this
subparagraph'' 4 ems from the left margin and inserting
``(iii)'' before ``Nothing''; and
(4) by redesignating clauses (i) and (ii) in the third
sentence as subclauses (I) and (II), respectively, and
indenting them 6 ems from the left margin.
(b) Rulemaking.--Within 1 year after the date of enactment of this
Act, the Federal Communications Commission shall adopt a final rule
establishing customer service and consumer protection requirements for
providers of commercial mobile service or private mobile service (as
such terms are defined in section 332(d)(1) and (3), respectively, of
the Communications Act of 1934 (47 U.S.C. 332(d)(1) and (3))).
(c) Effective Date.--The amendments made by subsection (a) shall
take effect 180 days after the date on which the Commission adopts the
final rule described in subsection (b).
(d) Truth in Billing.--
(1) Findings.--Congress finds the following:
(A) In recent years, carriers have significantly
increased their use of separate, line-item fees for so
called ``regulatory compliance'' charges, that are
generally not included in the advertised price of
communications services.
(B) These line-item fees often fail to adequately
inform consumers of the specific costs being recovered
through such charges and as to whether such charges are
required by government law or rule, or alternatively,
are imposed at the discretion of the carrier.
(C) The proliferation of discretionary line item
surcharges and fees can lead to consumer confusion and
can impede the delivery of basic information necessary
for consumers to compare the cost of communications
services offered by different carriers and to make
informed decisions.
(D) The proper functioning of competitive markets
is predicated on consumers having access to accurate,
meaningful information in a format that they can
understand.
(E) The Federal Communications Commission has an
obligation under the Communications Act of 1934 and
that Act's Truth-in-Billing principles to ensure that
consumers receive clear, accurate, and understandable
bills from providers of communications services.
(2) Commission to issue truth-in-telephone-billing
regulations.--Not later than 180 days after the date of
enactment of this Act, the Federal Communications Commission
shall initiate and conclude a proceeding under part I of title
II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) to
prevent a telecommunications carrier from listing any charge or
fee on the billing statement or other billing charge of a
subscriber as a separately stated charge or fee other than a
charge or fee--
(A) for telecommunications service or other
services provided to a subscriber;
(B) for nonpayment, early termination of service,
or other lawful penalty;
(C) for Federal, State, or local sales, excise, or
other taxes; or
(D) expressly authorized by a Federal, State, or
local statute, regulation, or rule to appear on a
subscriber's billing statement or other billing charge
as a separately stated charge or fee.
(3) Enforcement.--The Commission may enforce the
regulations promulgated under paragraph (2) under section 220
and other appropriate provisions of the Communications Act of
1934 (47 U.S.C. 151 et seq.).
(4) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(B) Telecommunications carrier.--The term
``telecommunications carrier'' has the meaning given
that term by section 3(44) of the Communications Act of
1934 (47 U.S.C. 153(44)).
(C) Telecommunications service.--The term
``telecommunications service'' has the meaning given
that term by section 3(46) of the Communications Act of
1934 (47 U.S.C. 153(46)).
SEC. 1007. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provisions
to any person or circumstance shall not be affected thereby.
SEC. 1008. CLARIFICATION OF CERTAIN JURISDICTIONAL ISSUES.
(a) In General.--Notwithstanding any other provision of law, the
Commission shall have authority to issue, and shall not undermine,
alter, or amend decisions made in Vonage Holdings Corp. Petition for
Declaratory Ruling Concerning an Order of the Minnesota Public
Utilities Commission, WC Docket No. 03-211, Memorandum Opinion and
Order, FCC 04-267 (November 9, 2004) or Petition for Declaratory Ruling
that pulver.com's Free World Dialup is Neither Telecommunications Nor a
Telecommunications Service, WC Docket No. 03-45, Memorandum Opinion and
Order, FCC 04-27 (February, 19, 2004), except to apply such decisions
to other similar services that share similar basic characteristics.
(b) Pending Challenges.--Any pending challenges to the decisions
described in subsection (a) shall be dismissed.
(c) Clarification.--Nothing in this section shall be construed to
supersede or preempt the consumer protection laws of any State,
including any privacy or anti-child pornography law of a State, except
to the extent that such laws regulate the rates for entry or exit by a
provider of such services.
SEC. 1009. FCC TO ISSUE A FURTHER NOTICE OF PROPOSED RULEMAKING BEFORE
CHANGING BROADCAST MEDIA OWNERSHIP RULES.
(a) In General.--Before making any changes to section 73.3555 of
its regulations (47 C.F.R. 73.3555), as those regulations were in
effect on June 1, 2003, the Federal Communications Commission shall
issue a further Notice of Proposed Rulemaking with respect to any such
changes.
(b) Clarification of Applicable Regulations.--The cross-media
limits rule adopted by the Federal Communications Commission on June 2,
2003, pursuant to its proceeding on broadcast media ownership rules,
Report and Order FCC-03-127, is declared null and void, and section
73.3555 of the Commission's regulations (47 C.F.R. 73.3555), as those
regulations were in effect before the adoption of the rule, are
reinstated with effect from June 2, 2003.
SEC. 1010. DIVERSITY IN MEDIA OWNERSHIP.
The Federal Communications Commission shall not promulgate rules
regarding media ownership without first completing regulatory action in
its proceeding DA 04-1690, entitled ``Media Bureau Seeks Comment on
Ways to Further Section 257 Mandate and to Build on Earlier Studies,''
initiated on June 15, 2004.
SEC. 1011. BROADBAND REPORTING REQUIREMENTS.
(a) Reporting Requirements.--
(1) General requirements.--The Commission shall revise FCC
Form 477 reporting requirements within 180 days after the date
of enactment of this Act to require broadband service providers
to report the following information:
(A) Identification of where the provider provides
broadband service to customers, identified by zip code
plus four digit location (hereinafter referred to as
``service area'').
(B) Percentage of households and businesses in each
service area that are offered broadband service by the
provider, and the percentage of such households that
subscribe to each service plan offered.
(C) The average price per megabyte of download
speed and upload speed in each service area.
(D) Identification by service area of the
provider's broadband service's--
(i) actual average throughput; and
(ii) contention ratio of the number of
users sharing the same line.
(2) Exception.--The Commission shall exempt a broadband
service provider from the requirements in subsection (1) if the
Commission determines that a provider's compliance with the
reporting requirements is cost prohibitive, as defined by the
Commission.
(b) Demographic Information for Unserved Areas.--The Commission,
using available Census Bureau data, shall provide to Congress on an
annual basis a report containing the following information for each
service area that is not served by any broadband service provider--
(1) population;
(2) population density; and
(3) average per capita income.
SEC. 1012. APPLICATION OF ONE-YEAR RESTRICTIONS TO CERTAIN POSITIONS.
For purposes of section 207 of title 18, United States Code, an
individual serving in any of the following positions, or in any
successor position, at the Federal Communications Commission is deemed
to be a person described in section 207(c)(2)(A)(ii) of that title,
regardless of the individual's rate of basic pay:
(1) Chief, Office of Engineering and Technology.
(2) Director, Office of Legislative Affairs.
(3) Inspector General, Office of Inspector General.
(4) Managing Director, Office of Managing Director.
(5) General Counsel, Office of General Counsel.
(6) Chief, Office of Strategic Planning and Policy
Analysis.
(7) Chief, Consumer and Governmental Affairs Bureau.
(8) Chief, Enforcement Bureau.
(9) Chief, International Bureau.
(10) Chief, Media Bureau.
(11) Chief, Wireline Competition Bureau.
(12) Chief, Wireless Telecommunications Bureau.
(13) Any position for which the individual was appointed
under section 4(f)(2) of the Communications Act of 1934 (47
U.S.C. 4(f)(2)).
SEC. 1013. INTERNET TAX FREEDOM ACT AMENDMENT.
Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151
note) is amended by striking ``taxes during the period beginning
November 1, 2003, and ending November 1, 2007:'' and inserting
``taxes:''.
SEC. 1014. STATUS OF E-911 IMPLEMENTATION AND COORDINATION OFFICE.
Within 90 days after the date of enactment of this Act, the
Assistant Secretary of the National Telecommunications and Information
Administration (NTIA) and the Administrator of the National Highway
Traffic Safety Administration (NHTSA) shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives on
the progress of the E-911 Implementation and Coordination Office and
plans of the Office to meet the requirements of the Office established
in Public Law 108-494.
SEC. 1015. FEDERAL COMMUNICATIONS COMMISSION TELEMEDICINE REPORT.
The Commission shall conduct a study and report to Congress within
180 days after the date of enactment of this Act of the following:
(1) Speed of a broadband connection necessary to run low,
medium, and high capacity telemedicine applications.
(2) Precise statistics of availability of broadband
connections capable of running telemedicine applications in any
given service area (zip code plus four digit area).
(3) Number of providers in any given service area (zip code
plus four digit area) offering broadband connections capable of
running telemedicine applications.
(4) Average monthly price per megabit of download and
upload speeds for broadband connections capable of running
telemedicine applications in any given service area (zip code
plus four digit area).
SEC. 1016. FEDERAL INFORMATION AND COMMUNICATIONS TECHNOLOGY RESEARCH.
(a) Advanced Information and Communications Technology Research.--
(1) National science foundation information and
communications technology research.--The Director of the
National Science Foundation shall establish a program of basic
research in advanced information and communications
technologies focused on enhancing or facilitating the
availability and affordability of advanced communications
services to all Americans. In developing and carrying out the
program, the Director shall consult with the Board established
under paragraph (2).
(2) Federal advanced information and communications
technology research board.--There is established within the
National Science Foundation a Federal Advanced Information and
Communications Technology Board which shall advise the Director
of the National Science Foundation in carrying out the program
authorized by paragraph (1). The Board Shall be composed of
individuals with expertise in information and communications
technologies, including representatives from the National
Telecommunications and Information Administration, the Federal
Communications Commission, the National Institute of Standards
and Technology, and the Department of Defense.
(3) Grant program.--The Director, in consultation with the
Board, shall award grants for basic research into advanced
information and communications technologies that will
contribute to enhancing or facilitating the availability and
affordability of advanced communications services to all
Americans. Areas of research to be supported through these
grants include--
(A) affordable broadband access, including wireless
technologies;
(B) network security and reliability;
(C) communications interoperability;
(D) networking protocols and architectures,
including resilience to outages or attacks;
(E) trusted software;
(F) privacy;
(G) nanoelectronics for communications
applications;
(H) low-power communications electronics; and
(I) such other related areas as the Director, in
consultation with the Board, finds appropriate.
(4) Centers.--The Director shall award multiyear grants,
subject to the availability of appropriations, to institutions
of higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)), nonprofit research
institutions, or consortia thereof to establish
multidisciplinary Centers for Communications Research. The
purpose of the Centers shall be to generate innovative
approaches to problems in communications and information
technology research, including the research areas described in
paragraph (3). Institutions of higher education nonprofit
research, institutions, or consortia receiving such grants may
partner with 1 or more government laboratories or for-profit
institutions, or other institutions of higher education or
nonprofit research institutions.
(5) Applications.--The Director, in consultation with the
Board, shall establish criteria for the award of grants under
paragraphs (3) and (4). Grants shall be awarded under the
program on a merit-reviewed competitive basis. The Director
shall give priority to grants that offer the potential for
revolutionary rather than evolutionary breakthroughs.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $40,000,000 for fiscal year 2007;
(B) $45,000,000 for fiscal year 2008;
(C) $50,000,000 for fiscal year 2009;
(D) $55,000,000 for fiscal year 2010; and
(E) $60,000,000 for fiscal year 2011.
(b) Spectrum-Sharing Innovation Testbed.--
(1) Spectrum-sharing plan.--Within 1 year after the date of
enactment of this Act, the Federal Communications Commission
and the Assistant Secretary of Commerce for Communications and
Information, in coordination with other Federal agencies,
shall--
(A) develop a plan to increase sharing of spectrum
between Federal and non-Federal government users; and
(B) establish a pilot program for implementation of
the plan.
(2) Technical specifications.--The Commission and the
Assistant Secretary--
(A) shall each identify a segment of spectrum of
equal bandwidth within their respective jurisdiction
for the pilot program that is approximately 10
megaHertz in width for assignment on a shared basis to
Federal and non-Federal government use; and
(B) may take the spectrum for the pilot program
from bands currently allocated on either an exclusive
or shared basis.
(3) Report.--The Commission and the Assistant Secretary
shall transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce 2 years after the inception of
the pilot program describing the results of the program and
suggesting appropriate procedures for expanding the program as
appropriate.
(c) National Institute of Standards and Technology
Responsibilities.--The Director of the National Institute of Standards
and Technology shall continue to support research and support standards
development in advanced information and communications technologies
focused on enhancing or facilitating the availability and affordability
of advanced communications services to all Americans, in order to
implement the Institute's responsibilities under section 2(c)(12) of
the National Institute of Standards and Technology Act (15 U.S.C.
272(c)(12)). The Director shall support intramural research and
cooperative research with institutions of higher education (as defined
in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)) and industry.
SEC. 1017. FORBEARANCE.
Section 10(c) (47 U.S.C. 160(c)) is amended--
(1) by striking ``deemed granted'' and inserting ``voted on
by the Commission''; and
(2) by inserting ``by majority vote'' after ``part'' in the
last sentence.
SEC. 1018. DEADLINE FOR CERTAIN COMMISSION PROCEEDINGS.
The Federal Communications Commission shall complete its
proceedings on special access rates (FCC Docket Nos. 05-25 and 01-321)
not later than 270 days after the date of enactment of this Act.
TITLE XI--LOCAL COMMUNITY RADIO ACT
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Local Community Radio Act of
2006''.
SEC. 1102. REPEAL OF PRIOR LAW.
Section 632 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law
106-553; 114 Stat. 2762A-111), is repealed.
SEC. 1103. MINIMUM DISTANCE SEPARATION REQUIREMENTS.
The Federal Communications Commission shall modify its rules to
eliminate third-adjacent minimum distance separation requirements
between--
(1) low-power FM stations; and
(2) full-service FM stations, FM translator stations, and
FM booster stations.
SEC. 1104. PROTECTION OF RADIO READING SERVICES.
The Federal Communications Commission shall retain its rules that
provide third-adjacent channel protection for full-power non-commercial
FM stations that broadcast radio reading services via a subcarrier
frequency from potential low-power FM station interference.
SEC. 1105. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.
The Federal Communications Commission when licensing FM translator
stations shall ensure--
(1) that licenses are available to both FM translator
stations and low-power FM stations; and
(2) that such decisions are made based on the needs of the
local community.
SEC. 1106. FEDERAL COMMUNICATIONS COMMISSION RULES.
The Federal Communications Commission shall retain its rules that
provide third-adjacent channel protection for full-power FM stations
that are licensed in significantly populated States with more than
3,000,000 housing units and a population density greater than 1,000
people per square mile land area.
TITLE XII--CELL PHONE TAX MORATORIUM
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Cell Phone Tax Moratorium Act of
2006''.
SEC. 1202. MORATORIUM.
(a) In General.--No State or political subdivision thereof shall
impose a new discriminatory tax on or with respect to mobile services,
mobile services providers, or mobile services property, during the 3-
year period beginning on the date of enactment of this Act.
(b) Definitions.--In this title:
(1) Mobile service.--The term ``mobile service'' means
commercial mobile radio service, as such term is defined in
section 20.3 of title 47, Code of Federal Regulations, as in
effect on June 22, 2006, or any other service that is primarily
intended for receipt on or use with a mobile telephone.
(2) Mobile service provider.--The term ``mobile service
provider'' means any entity that markets, sells, or provides
mobile services.
(3) Mobile service property.--The term ``mobile services
property'' means any equipment used in the transmission,
reception, coordination, or switching of mobile services.
(4) New discriminatory tax.--
(A) In general.--The term ``new discriminatory
tax'' means any tax imposed by a State or political
subdivision thereof that--
(i) is imposed on or with respect to--
(I) any mobile service and is not
generally imposed, or is generally
imposed at a lower rate, on or with
respect to other services or on or with
respect to transactions involving
property or goods;
(II) any mobile service provider
and is not generally imposed, or is
generally imposed at a lower rate, on
other persons that provide services
other than mobile services; or
(III) any mobile service property
and is not generally imposed, or is
generally imposed at a lower rate, on
or with respect to other commercial or
industrial property that is devoted to
a commercial or industrial use and
subject to a property tax levy;
(ii) was not generally imposed and actually
enforced prior to the date of enactment of this
Act.
(B) Rule of construction.--For purposes of
subparagraph (A), all exemptions, deductions, credits,
incentives, exclusions, and other similar factors shall
be taken into account in determining whether a tax is a
``new discriminatory tax''.
(5) Tax.--
(A) In general.--The term ``tax'' means any charge
imposed by any governmental entity for the purpose of
generating revenues for governmental purposes, and is
not a fee imposed for a specific privilege, service, or
benefit conferred.
(B) Exclusion.--The term ``tax'' does not include
any fee or charge--
(i) used to preserve and advance Federal
universal service or similar State programs
authorized by section 254 of the Communications
Act of 1934 (47 U.S.C. 254); or
(ii) specifically dedicated by a State or
political subdivision thereof for the support
of E-911 communications systems.
TITLE XII--TRUTH IN CALLER ID
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Truth in Caller ID Act of 2006''.
SEC. 1302. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION
INFORMATION.
Section 227 (47 U.S.C. 227) is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Prohibition on Provision of Inaccurate Caller Identification
Information.--
``(1) In general.--It shall be unlawful for any person
within the United States, in connection with any
telecommunications service or IP-enabled voice service, to
cause any caller identification service to transmit misleading
or inaccurate caller identification information, unless such
transmission is exempted pursuant to paragraph (3)(B).
``(2) Protection for blocking caller identification
information.--Nothing in this subsection may be construed to
prevent or restrict any person from blocking the capability of
any caller identification service to transmit caller
identification information.
``(3) Regulations.--
``(A) In general.--Not later than 6 months after
the enactment of the Truth in Caller ID Act of 2006,
the Commission shall prescribe regulations to implement
this subsection.
``(B) Content of regulations.--
``(i) In general.--The regulations required
under subparagraph (A) shall include such
exemptions from the prohibition under paragraph
(1) as the Commission determines appropriate.
``(ii) Specific exemption for law
enforcement agencies, national security
activities, or court orders.--The regulations
required under subparagraph (A) shall exempt
from the prohibition under paragraph (1)
transmissions in connection with--
``(I) any authorized law
enforcement or national security
activity of an agency of the United
States, a State, or a political
subdivision of a State; or
``(II) a court order that
specifically authorizes the use of
caller identification manipulation.
``(4) Report.--Not later than 6 months after the enactment
of the Truth in Caller ID Act of 2006, the Commission shall
report to Congress whether additional legislation is necessary
to prohibit the provision of inaccurate caller identification
information in technologies that are successor or replacement
technologies to telecommunications service or IP-enabled voice
service.
``(5) Penalties.--
``(A) Civil forfeiture.--
``(i) In general.--Any person that is
determined by the Commission, in accordance
with paragraphs (3) and (4) of section 503(b),
to have violated this subsection shall be
liable to the United States for a forfeiture
penalty. A forfeiture penalty under this
paragraph shall be in addition to any other
penalty provided for by this Act. The amount of
the forfeiture penalty determined under this
paragraph shall not exceed $10,000 for each
violation, or 3 times that amount for each day
of a continuing violation, except that the
amount assessed for any continuing violation
shall not exceed a total of $1,000,000 for any
single act or failure to act.
``(ii) Recovery.--Any forfeiture penalty
determined under clause (i) shall be
recoverable pursuant to section 504(a).
``(iii) Procedure.--No forfeiture liability
shall be determined under clause (i) against
any person unless such person receives the
notice required by section 503(b)(3) or section
503(b)(4).
``(iv) 2-year statute of limitations.--No
forfeiture penalty shall be determined or
imposed against any person under clause (i) if
the violation charged occurred more than 2
years prior to the date of issuance of the
required notice or notice or apparent
liability.
``(B) Criminal fine.--Any person who willfully and
knowingly violates this subsection shall upon
conviction thereof be fined not more than $10,000 for
each violation, or 3 times that amount for each day of
a continuing violation, in lieu of the fine provided by
section 501 for such a violation. This subparagraph
does not supersede the provisions of section 501
relating to imprisonment or the imposition of a penalty
of both fine and imprisonment.
``(6) Enforcement by states.--
``(A) In general.--The chief legal officer of a
State, or any other State officer authorized by law to
bring actions on behalf of the residents of a State,
may bring a civil action, as parens patriae, on behalf
of the residents of that State in an appropriate
district court of the United States to enforce this
subsection or to impose the civil penalties for
violation of this subsection, whenever the chief legal
officer or other State officer has reason to believe
that the interests of the residents of the State have
been or are being threatened or adversely affected by a
violation of this subsection or a regulation under this
subsection.
``(B) Notice.--The chief legal officer or other
State officer shall serve written notice on the
Commission of any civil action under subparagraph (A)
prior to initiating such civil action. The notice shall
include a copy of the complaint to be filed to initiate
such civil action, except that if it is not feasible
for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting
such civil action.
``(C) Authority to intervene.--Upon receiving the
notice required by subparagraph (B), the Commission may
intervene in such civil action and upon intervening--
``(i) be heard on all matters arising in
such civil action; and
``(ii) file petitions for appeal of a
decision in such civil action.
``(D) Construction.--For purposes of bringing any
civil action under subparagraph (A), nothing in this
paragraph shall prevent the chief legal officer or
other State officer from exercising the powers
conferred on that officer by the laws of such State to
conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses
or the production of documentary and other evidence.
``(E) Venue; service of process.--
``(i) Venue.--An action brought under
subparagraph (A) shall be brought in a district
court of the United States that meets
applicable requirements relating to venue under
section 1391 of title 28, United States Code.
``(ii) Service of process.--In an action
brought under subparagraph (A)--
``(I) process may be served without
regard to the territorial limits of the
district or of the State in which the
action is instituted; and
``(II) a person who participated in
an alleged violation that is being
litigated in the civil action may be
joined in the civil action without
regard to the residence of the person.
``(F) Limitation on state action while federal
action is pending.--If the Commission has instituted an
enforcement action or proceeding for violation of this
subsection, the chief legal officer or other State
officer of the State in which the violation occurred
may not bring an action under this section during the
pendency of the proceeding against any person with
respect to whom the Commission has instituted the
proceeding.
``(7) Definitions.--For purposes of this subsection:
``(A) Caller identification information.--The term
`caller identification information' means information
provided by a caller identification service regarding
the telephone number of, or other information regarding
the origination of, a call made using a
telecommunications service or IP-enabled voice service.
``(B) Caller identification service.--The term
`caller identification service' means any service or
device designed to provide the user of the service or
device with the telephone number of, or other
information regarding the origination of, a call made
using a telecommunications service or IP-enabled voice
service. Such term includes automatic number
identification services.
``(C) IP-enabled voice service.--The term `IP-
enabled voice service' means the provision of real-time
2-way voice communications offered to the public, or
such classes of users as to be effectively available to
the public, transmitted through customer premises
equipment using Internet protocol, or a successor
protocol, for a fee (whether part of a bundle of
services or separately) with interconnection capability
such that the service can originate traffic to, or
terminate traffic from, the public switched telephone
network.
``(8) Limitation.--Notwithstanding any other provision of
this section, subsection (f) shall not apply to this subsection
or to the regulations under this subsection.''.
TITLE XIV--RURAL WIRELESS AND BROADBAND SERVICE
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Rural Wireless and Broadband
Service Act of 2006''.
SEC. 1402. SMALL GEOGRAPHIC LICENSING AREAS.
Section 309(j)(4)(C) (47 U.S.C. 309(j)(4)(C)) is amended--
(1) by striking ``service, prescribe'' and inserting the
following: ``service--
``(i) prescribe'';
(2) by striking ``(i) an'' and inserting ``(I) an'';
(3) by striking ``(ii)'' and inserting ``(II)'';
(4) by striking ``(iii)'' and inserting ``(III)'';
(5) by striking ``services;'' and inserting ``services;
and''; and
(6) by adding at the end the following:
``(ii) consider the use of licensing
spectrum in smaller geographic areas in order
to encourage wireless deployment and build-out
in rural and underserved areas of licensing
spectrum in smaller geographic areas;''.
SEC. 1403. REPORT ON THE IMPACT OF SECONDARY MARKET TRANSACTIONS.
Section 309(j) (47 U.S.C. 309(j)) is amended by adding at the end
the following:
``(17) Report on the impact of secondary market
transactions.--Not later than 2 years after the date of
enactment of the Rural Wireless and Broadband Service Act of
2006, and every 2 years thereafter until the database developed
under paragraph (18) is available to the public, the Commission
shall submit a report to Congress analyzing and evaluating the
impact of the Commission's--
``(A) spectrum leasing; and
``(B) spectrum partitioning and disaggregation
rules in facilitating, through the development of
secondary markets, the deployment of spectrum-based
services to the public, particularly to those members
of the public residing in rural and underserved areas.
``(18) Publicly accessible integrated data base.--The
Commission, in coordination with the Assistant Secretary of
Commerce for Communications and Information, shall develop an
integrated national database, accessible by the public, that
identifies by name, address, and contact information for each
licensee, the spectrum assigned to each such licensee, and the
geographic area to which the spectrum is assigned or licensed.
The database may not provide public access to information
protected from public disclosure under chapter 5 of title 5,
United States Code, or the disclosure of which would compromise
national security.''.
SEC. 1404. RADIO SPECTRUM REVIEW.
Part I of title III (47 U.S.C. 301 et seq.), as amended by sections
453 and 602 of this Act, is further amended by adding at the end the
following:
``SEC. 344. RADIO SPECTRUM REVIEW.
``(a) In General.--Not later than 5 years after the date of
enactment of the Rural Wireless and Broadband Service Act of 2006, and
every 5 years thereafter, the Federal Communications Commission and the
National Telecommunications and Information Administration shall--
``(1) conduct a band-by-band analysis of the spectrum
managed by each such agency; and
``(2) report to the Congress any such bands identified, in
the determination of each such agency, as not being utilized in
an effective or efficient manner.
``(b) Agency Authority.--
``(1) Collection of information.--In conducting the
analysis required under subsection (a)(1), the Federal
Communications Commission and the National Telecommunications
and Information Administration may require licensees and other
spectrum users to provide information regarding spectrum usage.
``(2) Exemption from paperwork reduction act.--The
collection of any information required under paragraph (1)
shall be exempt from the provisions of the Paperwork Reduction
Act (44 U.S.C. 3501 et seq.).''.
SEC. 1405. 700 MHZ LICENSE AREAS.
The Federal Communications Commission shall, within 180 days after
the date of enactment of this Act, initiate a rulemaking to reconfigure
the band plans for the upper 700 megaHertz band (currently designated
Auction 31) and for the unauctioned portions of the lower 700 megaHertz
band (currently designated as Channel Blocks A, B, and E) so as to
designate up to 6 megaHertz of recovered analog spectrum (as defined in
section 309(j)(15)(C)(vi) of the Communications Act of 1934 (47 U.S.C.
309(j)(15)(C)(vi))) for small geographic license areas, taking into
consideration--
(1) the January 28, 2008, commencement date for the auction
of recovered analog spectrum as required by section 3003 of
Public Law 109-171 (47 U.S.C. 309 note); and
(2) the desire to promote infrastructure build-out and
service to rural and insular areas and the competitive
benefits, unique characteristics, and special needs of regional
and smaller wireless carriers.
SEC. 1406. NO INTERFERENCE WITH DTV TRANSITION.
The Commission shall not undertake any reconfiguration of the band
plans described in section 1605 if that reconfiguration is determined
to be likely to delay the auction of recovered spectrum or the
terminations of analog licenses required by section 3002(b) of Public
Law 109-171 (47 U.S.C. 309 note) to occur by February 18, 2009.
SEC. 1407. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
on the expiration of the date which is 90 days after the date of
enactment of this Act.
Calendar No. 652
109th CONGRESS
2d Session
H. R. 5252
[Report No. 109-355]
_______________________________________________________________________
AN ACT
To promote the deployment of broadband networks and services.
_______________________________________________________________________
September 29, 2006
Reported with an amendment