[Note: this bill passed the House in August. The Senate companion bill is still in debate.] [Amended version of Markey-Fields bill, HR 3636, after initial markup. This is NOT the final version. For further amendments to this post- initial-markup Markey-Fields bill HR 3636; see hr3636.amend. Even that is not the final version. More will follow when available. The chronological order: hr3636.old - original markey bill; hr3636.bill - amended Markey bill; hr3636.amend late-breaking amendments to hr3636.bill. Note that the files markey-fields.* are the same as hr3636.* Apologies for the ugly formatting. Do we have a volunteer to fix it?] AMENDMENT IN THE NATURE OF SUBSTITUTE TO H.R. 3636 OFFERED BY MR. MARKEY OF MASSACHUSETTS Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the "National Communica- tions Competition and Information Infrastructure Act of 1994". TITLE I--TELECOMMUNI- CATIONS INFRASTRUCTURE AND COMPETITION SEC. 101. POLICY; DEFINITIONS. (a) Policy--Section 1 of the Communications Act of 1934 (47 U.S.C. 151) is amended- (1) by inserting "(a)" after "SECTION l."; and (2) by adding at the end thereof the following new subsection: "(b) The purposes described in subsection (a), as they relate to common carrier services, include - "(1) to preserve and enhance universal tele- communications service at just and reasonable rates; "(2) to encourage the continued development and deployment of advanced and reliable capabilities and services in telecommunications networks; "(3) to ensure that the costs of such networks and services are allocated equitably among users and are constrained by competition whenever possible; "(4) to ensure a seamless and open nationwide telecommunications network through joint planning, coordination, and service arrangements between and among carriers; and "(5) to ensure that common carriers' networks function at a high standard of quality in delivering advances in network capabilities and services.". (b) DEFINITIONS.--Section 3 of such Act (47 U.S.C. 153) is amended by adding at the end thereof the follow- ing new subsections: "(gg) 'Information service' means the offering of a capability for generating, acquiring, storing, transforming processing, retrieving, utilizing, or making available infor- mation via telecommunications, and includes electronic publishing, but does not include any use of any such capa- bility for the management, control, or operation of a tele- communications system or the management of a tele- communications service. "(hh) 'Equal access' means to afford, to any person seeking to provide an information service or a tele- communications service, reasonable and nondiscriminatory access on an unbundled basis- "(1) to databases, signaling systems, poles, ducts, conduits, and rights-of-way owned or con- trolled by a local exchange carrier, or other facilities, functions, or information (including customer num- bers) integral to the efficient transmission, routing, or other provision of telephone exchange services or telephone exchange access services; "(2) that is at least equal in type and quality to the access which the carrier affords to itself or to any other person; and "(3) that is sufficient to ensure the full inter- operability of the equipment and facilities of the car- rier and of the person seeking such access. "(ii) 'Open platform service' means a switched, end- to-end digital telecommunications service, that is subject to title II of this Act, and that (1) provides subscribers with sufficient network capability to access multimedia in- formation services, (2) is widely available throughout each State, (3) is provided based on industry standards, and (4) is available to all customers on a single line basis upon reasonable request. " (jj) 'Local exchange carrier' means any person that is engaged in the provision of telephone exchange service or telephone exchange access service. Such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under section 332(c), except to the extent that the Commission finds that such service as provided by such person in a State is a replacement for a substantial portion of the landline telephone exchange service within such State. "(kk) 'Telephone exchange access service' means the offering of telephone exchange services or facilities for the purpose of the origination or termination of interexchange telecommunications services to or from an exchange area. "(ll) 'Telecommunications' means the transmission, between or among points specified by the customer, of in- formation of the customer's choosing, without change in the form or content of the information as sent and re- ceived, by means of an electromagnetic transmission me- dium, including all instrumentalities, facilities, apparatus, and services (including the collection, storage, forwarding, switching, and delivery of such information) essential to such transmission. "(mm) 'Telecommunications service' means the offer- ing, on a common carrier basis, of telecommunications fa- cilities, or of telecommunications by means of such facili- ties. Such term does not include an information service.". SEC. 102. EQUAL ACCESS AND NETWORK FUNCTIONALITY AND QUALITY. (a) AMENDMENT.--Section 201 of the Communica- tions Act of 1934 (47 U.S.C. 201) is amended by adding at the end thereof the following new subsections: "(c) EQUAL ACCESS.- "(1) OPENNESS AND ACCESSIBILITY OBLIGA- TIONS.- "(A) COMMON CARRIER OBLIGATIONS.-- The duty of a common carrier under subsection (a) to furnish communications service includes the duty to interconnect the facilities and equipment of other providers of telecommuni- cations services and information services in ac- cordance with such regulations with respect to the openness and accessibility of common car- rier networks as the Commission may prescribe as necessary or desirable in the public interest pursuant to this subsection. "(B) ADDITIONAL OBLIGATIONS OF LOCAL EXCHANGE CARRIERS.--The duty under sub- section (a) of a local exchange carrier includes the duty- "(i) to provide, in accordance with the regulations prescribed under paragraph (2), equal access to and interconnection with the facilities of the carrier's networks to any other carrier or person providing telecommunications services or information services reasonably requesting such equal access and interconnection, so that such networks are fully interoperable with such telecommunications services and informa- tion services; and "(ii) to offer unbundled features, functions, and capabilities whenever tech- nically feasible and economically reason- able, in accordance with requirements pre- scribed by the Commission pursuant to this subsection and other laws. "(2) EQUAL ACCESS AND INTERCONNECTION REGULATIONS.- "(A) REGULATIONS REQUIRED.--The Commission shall, within 1 year after the date of enactment of this subsection, establish regu- lations that provide reasonable and nondiscrim- inatory equal access to and interconnection with the facilities of a local exchange carrier's net- work at any technically feasible and economi- cally reasonable point within the carrier's net- work on reasonable terms and conditions, to any other carrier or person providing tele- communications services requesting such access. The Commission shall establish such regula- tions after consultation with the Joint Board established pursuant to subparagraph (D). Such regulations shall provide for actual col- location of equipment necessary for interconnec- tion at the premises of a local exchange carrier, except that the regulations shall provide for vir- tual collocation where the local exchange carrier demonstrates that actual collocation is not prac- tical for technical reasons or because of space limitations. "(B) COMPENSATION.--The Commission shall establish rules, within 1 year after the date of enactment of this subsection, for the just and reasonable compensation to the ex- change carrier providing such equal access and interconnection pursuant to subparagraph (A) Such rules shall include rules to require the carrier, to the extent it provides a telecommuni- cations service or an information service, to im- pute such access and interconnection charges to itself as the Commission determines are reason- able and nondiscriminatory. "(C) EXEMPTIONS AND MODIFICATIONS.-- Notwithstanding paragraph (1) or subpara- graph (A) of this paragraph, a local exchange carrier in a rural area shall not be required to provide equal access and interconnection to an- other local exchange carrier. The Commission shall not apply the requirements of this para- graph or impose requirements pursuant to paragraph (1)(B)(ii) to any rural telephone company, except to the extent that the Commis- sion determines that compliance with such re- quirements would not be unduly economically burdensome, unfairly competitive, techno- logically infeasible, or otherwise not in the pub- lic interest. The Commission may modify the requirements of this paragraph for any local ex- change carrier that has, in the aggregate na- tionwide, fewer than 500,000 access lines in- stalled, to the extent that the Commission de- termines that compliance with such require- ments (without such modification) would be un- duly economically burdensome, technologically infeasible, or otherwise not in the public inter- est. "(D) JOINT BOARD ON EQUAL ACCESS AND INTERCONNECTION STANDARDS.--Within 30 days after the date of enactment of this sub- section, the Commission shall convene a Fed- eral-State Joint Board under section 410(c) for the purpose of preparing a recommended deci- sion for the Commission with respect to the equal access and interconnection regulations re- quired by this paragraph. "(E) ENFORCEMENT OF EXISTING REGU- LATIONS.--Nothing in this section shall be con- strued to prohibit the Commission from enforc- ing regulations prescribed prior to the date of enactment of this section in fulfilling the re- quirements of this subsection to the extent that such regulations are consistent with the provi- sions of this subsection. "(F) DEFINITION OF RURAL TELEPHONE COMPANY.--For the purpose of subparagraph (C) of this paragraph, the term 'rural telephone company' means a local exchange carrier oper- ating entity that- "(i) provides common carrier service to any local exchange carrier study area, that does not include either- "(I) any incorporated place of 10,000 inhabitants or more, or any part thereof, based on the most recent available population statistics of the Bureau of the Census; or "(II) any territory, incorporated or unincorporated, included in an ur- banized area, as defined by the Bu- reau of the Census as of August 10, 1993; or "(ii) provides telephone exchange serv- ice, including access service subject to part 69 of the Commission's rules, to fewer than 50,000 access lines. "(3) STATE PREEMPTION.-- "(A) LIMITATION.--Notwithstanding sec- tion 2(b), no State or local government may, after one year after the date of enactment of this subsection- "(i) effectively prohibit any person or carrier from providing any telecommuni- cations service or information service, or impose any restriction or condition on entry into the business of providing any such service that is inconsistent with this subsection or any other provision of this Act, or any regulation thereunder; "(ii) prohibit any carrier or other per- son providing telecommunications services or information services from exercising the access and interconnection rights provided under this subsection; or "(iii) impose any limitation on the ex- ercise of such rights that is inconsistent with this subsection or the regulations pre- scribed under this subsection. " (B) PERMITTED TERMS AND CONDI- TIONS.--Subparagraph (A) shall not be con- strued to prohibit a State from imposing a term or condition on providers of telecommunications services or information services if such term or condition is not inconsistent with subparagraph (A) and is necessary and appropriate to- "(i) protect public safety and welfare; "(ii) ensure the continued quality of intrastate telecommunications; "(iii) ensure that rates for intrastate services are just and reasonable; or "(iv) ensure that the provider's busi- ness practices are consistent with consumer protection laws and regulations. "(4) TARIFFS- "(A) GENERALLY.--A local exchange car- rier shall, within 18 months after the date of enactment of this subsection, prepare and file tariffs in accordance with this Act with respect to the services or elements offered to comply with the equal access and interconnection regu- lations required under this subsection. The costs that a carrier incurs in providing such services or elements of telephone exchange serv- ices or telephone exchange access services shall be borne solely by the users of the features and functions comprising such services or of a fea- ture or function that uses or includes such serv- ice element. The Commission shall review such tariffs to ensure that- "(i) the charges for such services or elements of telephone exchange services or telephone exchange access services are cost-based; and "(ii) the terms and conditions con- tained in such tariffs unbundle any sepa- rable elements, features, or functions in ac cordance with paragraph (1) (B) (ii) and any regulations thereunder. " (B) SUPPORTING INFORMATION.--A local exchange carrier shall submit supporting infor- mation with its tariffs for equal access and interconnection that is sufficient to enable the Commission and the public to determine the re- lationship between the proposed charges and the costs of providing such services or elements of telephone exchange services or telephone ex- change access services. The submission of such information shall be pursuant to rules adopted by the Commission to ensure that similarly sit- uated carriers provide such information in a uniform fashion. "(5) PRICING FLEXIBILITY.- "(A) ESTABLISHMENT OF CRITERIA.- Within 270 days after the date of enactment of this subsection, the Commission, by regulation, shall establish criteria for determining- "(i) whether a telecommunications service or provider of such service has be- come, or is substantially certain to become, subject to competition, either within a geo- graphic area or within a class or category of service; "(ii) whether such competition will ef- fectively prevent rates for such service that are unjust or unreasonable or that are un- justly or unreasonably discriminatory; and "(iii) appropriate flexible pricing pro- cedures that can be used in lieu of the fil- ing of tariff schedules, or in lieu of other pricing procedures established by the Com- mission, and that are consistent with the protection of subscribers and the public in- terest, convenience, and necessity. "(B) DETERMINATIONS.-The Commis- sion, with respect to rates for interstate or for- eign communications, and State commissions, with respect to rates for intrastate communica- tions, shall, upon application- "(i) render determinations in accord- ance with the criteria established under clauses (i) and (ii) of subparagraph (A) concerning the services or providers that are the subject of such application; and "(ii) upon a proper showing, establish appropriate flexible pricing procedures con- sistent with the criteria established under clause (iii) of such subparagraph. The Commission shall approve or reject any such application within 180 days after the date of its submission "(6) JOINT BOARD TO PRESERVE UNIVERSAL SERVICE.- "(A) ESTABLISHMENT; FUNCTIONS.-- Within 30 days after the date of enactment of this subsection, the Commission shall convene a Federal-State Joint Board under section 410(c) for the purpose of recommending actions to the Commission and State commissions for the preservation of universal service. As a part of preparing such recommendations, the Joint Board shall survey providers and users of tele- phone exchange service and consult with State commissions in order to determine the pecu- niary difference between the cost of providing universal service and the prices determined to be appropriate for such service. "(B) PRINCIPLES.--The Joint Board shall base policies for the preservation of universal service on the following principles: "(i) A plan adopted by the Commis- sion and the States should ensure the con- tinued viability of universal service by maintaining quality services at just and reasonable rates. "(ii) Such plan should define the na- ture and extent of the services encom- passed within carriers' universal service ob- ligations. Such plan should seek to pro- mote access to advanced telecommuni- cations services and capabilities for all Americans by including access to advanced telecommunications services and capabili- ties in the definition of universal service. Such plan should maintain just and rea- sonable rates, and should ensure reason- ably comparable services for the general public in urban and rural areas. "(iii) Such plan should permit resi- dential customers to continue to receive basic voice grade local telephone service equivalent to the service generally available to residential ratepayers on the date of en- actment of this subsection, at a rate based on the reasonably identifiable cost of pro- viding such service, except that such rate shall not be higher than the rate applicable to such service on such date of enactment. "(iv) Such plan should establish spe- cific and predictable mechanisms to pro- vide adequate and sustainable support for universal service. "(v) All providers of telecommuni- cations services should make an equitable and nondiscriminatory contribution to preservation of universal service. "(C) DEFINITION OF UNIVERSAL SERVICE; ACCESS TO ADVANCED SERVICES.--In defining the nature and extent of the services encom- passed within carriers' universal service obliga- tions under subparagraph (B)(ii), the Joint Board shall consider the extent to which- "(i) a telecommunications service has, through the operation of market choices by customers, been subscribed to by a sub- stantial majority of residential customers; "(ii) denial of access to such service to any individual would unfairly deny that in- dividual educational and economic opportun- ities; "(iii) such service has been deployed in the public, switched network; and "(iv) inclusion of such service within carriers' universal service obligations is otherwise consistent with the public inter- est, convenience, and necessity. The Joint Board may, from time to time, rec- ommend to the Commission modifications in the definition proposed under subparagraph (B). "(D) REPORT; COMMISSION RESPONSE-- The Joint Board convened pursuant to sub- paragraph (A) shall report its recommendations within 270 days after the date of enactment of this subsection. The Commission shall complete any proceeding to act upon such recommenda- tions within one year after such date of enact- ment. A State may adopt regulations to imple- ment the Joint Board's recommendations, ex- cept that such regulations shall not, after 18 months after such date of enactment, be incon- sistent with regulations prescribed by the Com- mission to implement such recommendations- "(7) CROSS SUBSIDIES PROHIBITION.--The Commission shall prescribe regulations to prohibit a common carrier from engaging in any practice that results in the inclusion in rates for telephone ex- change service or telephone exchange access services of any operating expenses, costs, depreciation charges, capital investments, or other expenses asso- ciated with the provision of competing telecommuni- cations services or information services of the com- mon carrier or an affiliate. "(8) RESALE.--The resale or sharing of tele- phone exchange service (or unbundled features, func- tions, or elements of such service) in conjunction with the furnishing of a telecommunications service or any information service shall not be prohibited nor subject to unreasonable conditions by the car- rier, the Commission, or any State. "(9) TELECOMMUNICATIONS NUMBER PORT- ABILITY.--The Commission shall prescribe regula- tions to ensure that- "(A) telecommunications number port- ability shall be available, upon request, as soon as technically feasible and economically reason- able; and "(B) an impartial entity shall administer telecommunications numbering and make such numbers available on an equitable basis. The Commission shall have exclusive jurisdiction over those portions of the North American Number- ing Plan that pertain to the United States. For the purpose of this paragraph, the term 'telecommuni- cations number portability' means the ability of users of telecommunications services to retain exist- ing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one provider of telecommunications services to another. "(10) REVIEW OF STANDARDS REQUIRE- MENTS.--At least once every three years, the Com- mission shall- "(A) conduct a proceeding in which inter- ested parties shall have an opportunity to com- ment on whether the standards and require- ments established by or under this subsection have opened the networks of carriers to reason- able and nondiscriminatory access by providers of telecommunications services and information services; "(B) review the definition of, and the ade- quacy of support for, universal service, and evaluate the extent to which universal service has been protected and access to advanced serv- ices has been facilitated pursuant to this sub- section and the plans and regulations there- under-, and "(C) submit to the Congress a report con- taining a statement of the Commission's find- ings pursuant to such proceeding, and including an identification of any defects or delays ob- served in attaining the objectives of this sub- section and a plan for correcting such defects and delays. "(11) STUDY OF RURAL PHONE SERVICE.-- Within 1 year after the date of enactment of this subsection, the Commission shall initiate an inquiry to examine the effects of competition in the provision of telephone exchange access service and telephone ex- change service on the availability and rates for telephone exchange access service and telephone ex- change service furnished by rural exchange carriers- "(d) NETWORK FUNCTIONALITY AND QUALITY.- "(1) FUNCTIONALITY AND RELIABILITY OBLI- GATIONS.--The duty of a common carrier under subsection (a) to furnish communications service in- cludes the duty to furnish that service in accordance with such regulations of functionality and reliability as the Commission may prescribe as necessary or de- sirable in the public interest pursuant to this sub- section. "(2) COORDINATED PLANNING FOR INTEROPER- ABILITY AND OTHER PURPOSES.--The Commission shall establish- "(A) procedures for the conduct of coordi- nated network planning by common carriers and other providers of telecommunications serv- ices or information services, subject to Commis- sion supervision, for the effective and efficient interconnection and interoperability of public and private networks; and "(B) procedures for Commission oversight of the development by appropriate standards- setting organizations of- "(i) standards for the interconnection and interoperability of such networks; "(ii) standards that promote access to network capabilities and services by indi- viduals with disabilities; and "(iii) standards that promote access to information services by subscribers to telephone exchange service furnished by a rural telephone company (as such term is defined in subsection (c)(2)(F)). "(3) OPEN PLATFORM SERVICE.-- "(A) STUDY.--Within 90 days after the enactment of this subsection, the Commission shall initiate an inquiry to consider the rules and policies necessary to make open platform service available to subscribers at reasonable rates based on the reasonably identifiable costs of providing such services, utilizing existing fa- cilities or new facilities with improved capability and efficiency. The inquiry required under this paragraph shall be completed within 180 days after the date of its initiation. "(B) REGULATIONS.--On the basis of the results of the inquiry required under subpara- graph (A), the Commission shall prescribe and make effective such regulations as are necessary to implement the inquiry's conclusions. Such regulations may require a local exchange carrier to file, in the appropriate jurisdiction, tariffs for the origination and termination of open platform service as soon as such service is eco- nomically and technically feasible. In establish- ing any such regulations, the Commission shall take into account the proximate and long-term deployment plans of local exchange carriers. "(C) TEMPORARY WAIVER.--The Commis- sion shall also establish a procedure to waive temporarily specific provisions of the regula- tions prescribed under this paragraph if a local exchange carrier demonstrates that compliance with such requirement- "(i) would be economically or tech- nically infeasible, or "(ii) would materially delay the de- ployment of new facilities with improved capabilities and efficiencies that are or will be used in the provision of open platform services. Any such petitions for waiver shall include the carrier's plans to meet open platform service re- quirements. Such petitions shall be decided by the Commission within 180 days of the date of its submission. "(D) COST ALLOCATION.--Any such regu- lations shall provide for the allocation of all costs of facilities jointly used to provide open platform service or telephone exchange service or telephone exchange access services. "(E) STATE AUTHORITY.--Nothing in this paragraph shall be construed to limit a State's authority to continue to regulate any services subject to State jurisdiction under this Act. "(F) CONTINUING OVERSIGHT.--Com- mencing not later than 2 years after the date of enactment of this subsection, the Commis- sion shall conduct an inquiry on the progress of open platform service deployment. The Commis- sion shall submit a report to the Congress on the results of such inquiry within 180 days after the commencement of such inquiry and annually thereafter for the succeeding 5 years. "(4) ACCESSIBILITY REGULATIONS.- "(A) REGULATIONS.--The Commission shall, within 1 year after enactment of this sec- tion, prescribe such regulations as are necessary to ensure that advances in network services de- played by local exchange carriers shall be acces- sible and usable by individuals with disabilities, including individuals with functional limitations of hearing, vision, movement, manipulation, speech and interpretation of information, unless the cost of making the services accessible and usable would result in an undue burden or ad- verse competitive impact. Such regulations shall seek to permit the use of both standard and special equipment, and seek to minimize the need of individuals to acquire additional devices beyond those used by the general public to ob- tain such access. Throughout the process of de- veloping such regulations, the Commission shall coordinate and consult with representatives of individuals with disabilities and interested equipment and service providers to ensure their concerns and interests are given full consider- ation in such process. "(B)COMPATIBILITY.--Such regulations shall require that whenever an undue burden or adverse competitive impact would result from the requirements in subparagraph (A), the local exchange carrier that deploys the network serv- ice shall ensure that the network service in question is compatible with existing peripheral devices or specialized customer premises equip- ment commonly used by persons with disabil- ities to achieve access, unless doing so would re- sult in an undue burden or adverse competitive impact. "(C) UNDUE BURDEN.--The term 'undue burden' means significant difficulty or expense. In determining whether the activity necessary to comply with the requirements of this para- graph would result in an undue burden, the fac- tors to be considered include: "(i) The nature and cost of the activ- ity. "(ii) The impact on the operation of the facility involved in the deployment of the network service. "(iii) The financial resources of the local exchange carrier. "(iv) The type of operations of the local exchange carrier. "(D) ADVERSE COMPETITIVE IMPACT.--In determining whether the activity necessary to comply with the requirements of this paragraph would result in adverse competitive impact, the following factors shall be considered: "(i) Whether such activity would raise the cost of the network service in question beyond the level at which there would be sufficient consumer demand by the general population to make the network service profitable. "(ii) Whether such activity would, with respect to the network service in ques- tion, put the local exchange carrier at a competitive disadvantage. This factor may be considered so long as competing net- work service providers are not held to the same obligation with respect to access by persons with disabilities. "(E) REVIEW OF STANDARDS AND RE- QUIREMENTS.--At least once every 3 years, the Commission shall conduct a proceeding in which interested parties shall have an opportunity to comment on whether the regulations established under this paragraph have ensured that ad- vances in network services by providers of tele- communications services and information serv- ices are accessible and usable by individuals with disabilities. "(F) EFFECTIVE DATE.--The regulations required by this paragraph shall become effec- tive 18 months after the date of enactment of this subsection. "(5) QUALITY RULES. "(A)" MEASURES OR BENCHMARKS RE- QUIRED.--The Commission shall designate or otherwise establish network reliability and qual- ity performance measures or benchmarks for common carriers for the purpose of ensuring the continued maintenance and evolution of common carrier facilities and service. Not later than 180 days after the date of enactment of this subsection, the Commission shall initiate a rulemaking proceeding to establish performance measures or benchmarks for maintaining com- mon carrier network quality. "(B) CONTENTS OF REGULATIONS.--Such regulations shall include "(i) quantitative network reliability and service quality performance measures or benchmarks; "(ii) procedures to monitor and evalu- ate common carrier efforts to increase net- work reliability and service quality, and "(iii) procedures to resolve network reliability and service quality complaints. "(C) COORDINATION AND CONSULTA- TION.--Throughout the process of developing network reliability and service quality perform- ance measures or benchmarks, as required by subparagraph (A), the Commission shall coordi- nate and consult with service and equipment providers and users and State regulatory bodies to ensure their concerns and interests are given full consideration in such process. " (6) RURAL EXEMPTION.--The Commission may modify, or grant exemptions from, the require- ments of this subsection in the case of a common carrier providing telecommunications services in a rural area". (b) CONFORMING AMENDMENT.--Section 2(b) of the Communications Act of 1934 (47 U.S.C.152(b)) is amend- ed by inserting "201(c) and (d)," after "Except as pro- vided in sections". SEC. 103. TELECOMMUNICATIONS SERVICES FOR EDU- CATIONAL INSTITUTIONS, HEALTH CAM FA- CILITIES, AND LIBRARIES. Title II of the Communications Act of 1934 if amend ed by adding at the end the following new section: "SEC. 229. TELECOMMUNICATIONS SERVICES FOR EDU- CATIONAL INSTITUTIONS, HEALTH CARE FA- CILITIES, AND LIBRARIES. "(a) PROMOTION OF, DELIVERY OF ADVANCED SERV- ICES.--In fulfillment of its obligation under section 1 to make available to all the people of the United States a rapid, efficient, nationwide, and worldwide communica- tions service, the Commission shall promote the provision of advanced telecommunications services by wire, wireless, cable, and satellite technologies to- "(1) educational institutions; "(2) health care institutions; and "(3) public libraries. "(b) INQUIRY REQUIRED.--The Commission shall, within 180 days of enactment of this section, issue a notice of inquiry into the availability of advanced telecommuni- cations services to educational institutions, health care in- stitutions, and public libraries. The Commission shall com- plete proceedings on the notice of inquiry not later than 1 year after the date of enactment of this section. The Commission's inquiry shall seek to develop information concerning the availability of advanced telecommuni- cations services. Such information shall include- "(1) the number of educational institutions and classrooms, health care institutions, and public li- braries; "(2) the number of educational institutions and classrooms, health care institutions, and public li- braries that have access to advanced telecommuni- cations services; and "(3) the nature of the telecommunications fa- cilities through which such educational institutions, health care institutions, and public libraries obtain access to advanced telecommunications services. "(c) RULEMAKING REQUIRED.--Following comple- tion of the inquiry proceeding required under subsection (b), the Commission shall prescribe regulations that- "(1) enhance, to the extent technically feasible and economically reasonable, the availability of ad- vanced telecommunications services to all edu- cational institutions and classrooms, health care in- stitutions, and public libraries by the year 2000; "(2) ensure that appropriate functional require- ments or performance standards, or both, including interoperability standards, are established for tele- communications systems or facilities that inter- connect educational institutions, health care institu- tions, and public libraries with the public switched telecommunications network; "(3) provide for the tariffing at preferential rates for interstate services used in the provision of advanced telecommunications services for edu- cational institutions, health care institutions, and public libraries; and "(4) address such other related matters as the Commission may determine. "(d) DEFINITIONS.--For purposes of this section- "(1) the term 'educational institutions' means elementary and secondary educational institutions; and "(2) the term 'health care institutions' means not-for profit health care institutions, including hos- pitals and clinics.". SEC. 104.DISCRIMINATORY INTERCONNECTION. Section 208 of the Communications Act of 1934 is amended by adding at the end thereof the following new subsection: "(c) EXPEDITED REVIEW OF CERTAIN COM- PLAINTS.--The Commission shall issue a final order with respect to any complaint arising from alleged violations of the rules and orders prescribed pursuant to section 201(c) within 180 days after the date such complaint is filed. SEC. 105 EXPEDITED LICENSING OF NEW TECHNOLOGIES AND SERVICES. Section 7 of the Communications Act of 1934 (47 U.S.C. 157) is amended by adding at the end thereof the following new subsection: "(c) LICENSING OF, NEW TECHNOLOGIES.-- "(1) EXPEDITED RULEMAKING.-- Within 24 months after making a determination under sub- section (b) that a technology or service related to the furnishing of telecommunications services is in the public interest, the Commission shall, with respect to any such service requiring a license or other author- ization from the Commission, adopt and make effec- tive rules for- "(A) the provision of such technology or service; and "(B) the filing of applications for the li- censes or authorizations necessary to offer such technology or service to the public, and shall act on any such application within 24 months after it is filed. (2) REVIEW OF APPLICATIONS.--Any applica- tion filed by carrier under this subsection for the construction or extension of a line shall also be sub- ject to section 214 and to any necessary approval by the appropriate State commissions.". SEC. 106. NEW OR EXTENDED LINES. Section 214 of the Communications Act of 1934 is amended by adding at the end the following new sub- section: "(e) Any application filed under this section for au- thority to construct or extend a line shall address the means by which such construction or extension will meet the network access needs of individuals with disabilities.". TITLE II-COMMUNICATIONS COMPETITIVENESS SEC.201. CABLE SERVICE PROVIDED BY TELEPHONE COM- PANIES. (a) GENERAL REQUIREMENT.- (1) AMENDMENT.--Section 613(b) of the Com- munications Act of 1934 (47 U.S.C. 533(b)) is amended to read as follows: "(b)(1) Subject to the requirements of part V and the other provisions of this title, any common carrier sub- ject in whole or in part to title II of this Act may, either through its own facilities or through an affiliate owned by, operated by, controlled by, or under common control with the common carrier, provide video programming di- rectly to subscribers in its telephone service area. "(2) Subject to the requirements of part V and the other provisions of this title, any common carrier subject in whole or in part to title II of this Act may provide chan- nels of communications or pole, line, or conduit space, or other rental arrangements, to any entity which is directly or indirectly owned by, operated by, controlled by, or under common control with such common carrier, if such facilities or arrangements are to be used for, or in connec- tion with, the provision of video programming directly to subscribers in its telephone service area. "(3) Notwithstanding paragraphs (1) and (2), an af- filiate that- "(A) is, consistent with section 656, owned, op- erated, or controlled by, or under common control with, a common carrier subject in whole or in part to title II of this Act, and "(B) provides video programming to subscribers in the telephone service area of such carrier, but "(C) does not utilize the local exchange facili- ties or services of any affiliated common carrier in distributing such programming, shall not be subject to the requirements of part V, but shall be subject to the requirements of this part and parts III and IV. (2) CONFORMING AMENDMENT.--Section 602 of the Communications Act of 1934 (47 U.S.C. 531) is amended- (A) in paragraph (6)(B), by inserting "or use" after "the selection"; (B) by redesignating paragraphs (18) and (19) as paragraphs (19) and (20) respectively', and (C) by inserting after paragraph (17) the following new paragraph: "(18) the term 'telephone service area' when used in connection with a common carrier subject in whole or in part to title II of this Act means the area within which such carrier provides telephone ex- change service as of November 20, 1993, but if any common carrier after such date transfers its ex- change service facilities to another common carrier, the area to which such facilities provide telephone exchange service shag be treated as part of the tele- phone service area of the acquiring common carrier and not of the selling common carrier. (b) PROVISIONS FOR REGULATION OF CABLE SERV- ICE PROVIDED BY TELEPHONE COMPANIES.--Title VI of the Communications Act of 1934 (47 U.S.C. 521 et seq.) is amended by adding at the end the following new part: "PART V-CABLE SERVICE PROVIDED BY TELEPHONE COMPANIES "SEC. 651.DEFINITIONS. "For purposes of this part.- "(1) the term 'affiliated video programming means any video program which is (A) owned or controlled by, or under common control with, a common carrier, and (B) provided by the common carrier or an affiliate directly to subscribers- in its telephone service area; "(2) the term 'control' means- "(A) an ownership interest in which an en- tity has the right to vote more than 50 percent of the outstanding common stock or other own- ership interest; or "(B) actual working control, as defined in the order of the Commission entitled "Imple- mentation of Sections 11 and 13 of the Cable Television Consumer Protection and Competi- tive Act of 1992--Horizontal and Vertical Own- ership Limits, Cross-Ownership Limitations, and Anti-Trafficking Provisions", MM Docket 92-264, adopted September 23, 1937 if no sin- gle entity directly or indirectly has the right to vote more than 50 percent of the outstanding common stock or other ownership interest; "(3) the term 'video platform' has the same meaning as the term 'basic platform' in the order of the Commission entitled 'Telephone Company-Cable Television Cross-Ownership Rules, Sections 63.54- 63.58' CC Docket No. 87-266, adopted July 16, 1992; and "(4) the term 'rural area' means a geographic area that does not include either- "(A) any incorporated or unincorporated place of 10,000 inhabitants or more, or any part thereof; or "(B) any territory, incorporated or unin- corporated, included in an urbanized area. "SEC. 652. SEPARATE VIDEO PROGRAMMING AFFILIATE. "(a) IN GENERAL.--Except as provided in subsection (d) of this section, a common carrier subject to title II of this Act shall not provide video programming directly to subscribers in its telephone service area unless such video programming is provided through a video program- ming affiliate that is separate from such carrier. "(b) BOOKS AND MARKETING.- "(1) IN GENERAL.--A video programming affili- ate of a common carrier shall- "(A) maintain books, records, and ac- counts separate from such carrier which iden- tify all transactions with such carrier; "(B) carry out directly (or through any nonaffiliated person) its own promotion, except that institutional advertising carried out by such carrier shall be permitted so long as each party bears its pro rata share of the costs; and "(C) not own real or personal property in common with such carrier. "(2) INBOUND TELEMARKETING.--Notwith- standing paragraph (1)(B), a common carrier may provide inbound telemarketing or referral services related to the provision of video programming by a video programming affiliate of such carrier. If such services are provided to a video programming affili- ate, such services shall be made available to any video programmer or cable operator on request, on nondiscriminatory terms, at compensatory prices, and subject to regulations of the Commission to en- sure that the carrier's method of providing telemarketing or referral and its price structure do not competitively disadvantage any video program- mer or cable operator, regardless of size, including those which do not use the carrier's telemarketing services. (3) JOINT TELEMARKETING.--Notwithstand- ing paragraph (1)(B) a common carrier may peti- tion the Commission for permission to market video programming directly, upon a showing that a cable operator or other entity directly or indirectly pro- vides telecommunications services within the tele- phone service area of the common carrier and mar- kets such telecommunications services jointly with video programming services. The common carrier shall specify the geographic region covered by the petition. Any such petition, shall be granted or de- nied within 180 days after the date of its submis- sion. "(c) BUSINESS TRANSACTIONS WITH CARRIER SUB- JECT TO REGULATION.--Any contract, agreement, ar- rangement, or other manner of conducting business, be- tween a common carrier and its video programming affili- ate, providing for- "(1) the sale, exchange, or leasing of property between such affiliate and such carrier, "(2) the furnishing of goods or services between such affiliate and such carrier, or "(3) the transfer to or use by such affiliate for its benefit of any asset or resource of such carrier, shall be pursuant to regulation prescribed by the Commis- sion, shall be on a fully compensatory and auditable basis, shall be without cost to the telephone service ratepayers of the carrier, shall be filed with the Commission, and shall be in compliance with rules established by the Com- mission that will enable the Commission to assess the com- pliance of any transaction. "(d) WAIVER.- (1) CRITERIA FOR WAIVER.-The Commission may waive any of the requirements of this section for small or rural telephone companies, if the Com- mission determines, after notice and comment, that- "(A) such waiver will not affect the ability of the Commission to ensure that all video pro- gramming activity is carried out without any support from telephone ratepayers; "(B) the interests of telephone ratepayers and cable subscribers will not be harmed if such waiver is granted; "(C) such waiver will not adversely affect the ability of persons to obtain access to the video platform of such carrier; and "(D) such waiver otherwise is in the public interest. " (2) DEADLINE FOR ACTION.--The Commission shall act to approve or disapprove a waiver applica- tion within 180 days after the date it is filed. "(3) CONTINUED APPLICABILITY OF SECTION 659.-In the case of a common carrier that obtains a waiver under this subsection, any requirement that section 659 applies to a video programming affiliate shall instead apply to such carrier. "SEC. 653. ESTABLISHMENT OF VIDEO PLATFORM. "(a) COMMON CARRIER OBLIGATIONS.- "(1) IN GENERAL.-Any common carrier sub- ject to title II of this Act and that provides, through a video programming affiliate, video programming directly to subscribers in its telephone service area, shall establish a video platform. "(2) IDENTIFICATION OF DEMAND FOR CAR- RIAGE.--Any common carrier subject to the require- ments of paragraph (1) shall, prior to establishing a video platform, submit a notice to the Commission of its intention to establish channel capacity for the provision of video programming to meet the bona fide demand for such capacity. Such notice shall be in such form and contain such information as the Commission may require by regulations pursuant to subsection (b) and shall specify the methods by which any entity seeking such channel capacity should submit to such carrier a specification of their channel capacity requirements and the procedures by which such carrier will determine (in accordance with the Commission's regulations under subsection (b)(1)(B)) whether such request for capacity are bona fide. The Commission shall publish any such notice in the Federal Register within 5 days after the date of its submission. "(3) RESPONSE TO REQUEST FOR CARRIAGE.- After receiving and reviewing the requests for capac- ity submitted pursuant to such notice, such common carrier shall, subject to approval of a certificate under section 214, establish channel capacity that is sufficient to provide carriage for- "(A) all bona fide requests submitted pur- suant to such notice, "(B) any additional channels required pur- suant to section 659, and "(C)any additional channels required by the Commission's regulations under subsection (b)(1)(C). "(4) RESPONSES TO CHANGES IN DEMAND FOR CAPACITY.--Any common carrier that establishes a video platform under this section shall- "(A) immediately notify the Commission and each video programming vendor of any delay in or denial of channel capacity or service, and the reasons therefor; "(B) continue to receive and grant car- riage in response to bona fide request for car- riage from existing or additional video program- ming vendors, to the extent of available capac- ity; "(C) if at any time the number of bona fide requests for channel age may reason- ably be expected imminently to exceed the exist- ing capacity of such video platform, imme- diately notify the Commission of such expecta- tion and of the manner and date by which such carrier will provide sufficient capacity to meet such excess demand; and "(D) construct, subject to approval of a certificate under section 214, such additional capacity as may be necessary to meet such ex- cess demand. "(5) DISPUTE RESOLUTION.--The Commission shall have sole authority to resolve all disputes re- garding carriage under this section. Any such dis- pute shall be resolved within 180 days after notice of such dispute is submitted to the Commission. The Commission may award damages sustained in con- sequences of any violation of this section to any per- son injured by a denial of carriage. Any aggrieved party may seek any other remedy available under this Act. "(b) COMMISSION REGULATIONS.- "(1) IN GENERAL.--Within one year after the date of the enactment of this section, the Commis- sion shall prescribe regulations that- "(A) prohibit a common carrier from dis- criminating among video programming vendors with regard to carriage on its video platform, and ensure that the rates, terms, and conditions for such carriage are just, reasonable, and non- discriminatory; "(B)prescribe definitions and criteria for the purposes of determining whether a request shall be considered a bona fide request for pur- poses of this section; "(C) establish a requirement that video platforms contain a suitable margin of unused channel capacity to meet reasonable growth in bona fide demand for such capacity; "(D) extend to video platforms the Com- mission's regulations concerning network non- duplication (47 C.F.R. 76.92 et seq.) and syn- dicated exclusivity (47 C.F.R. 76.151 et seq.); "(E) require the video platform to provide service, transmission, interconnection, and interoperability for unaffiliated or independent video programming vendors that is equivalent to that provided to the common carrier's video programming affiliate; and "(F) prohibit a common carrier from dis- criminating among video programming vendors with regard to material or information provided by the common carrier to subscribers for the purposes of selecting programming on the video platform or in the way such material or infor- mation is presented to subscribers, and require a common carrier to provide suitable identifica- tion of the copyright holder or its licensee (or both). "(2) EXTENSION OF REGULATIONS TO OTHER HIGH CAPACITY SYSTEMS.--The Commission shall extend the requirements of the regulations pre- scribed pursuant to paragraph (1)(A), in lieu of the requirements of section 612, to any cable operator of a cable system that has installed advanced video pro- gramming delivery and storage technology that pro- vides capacity that is comparable to the capacity of a video platform. "(c) COMMISSION INQUIRY.--The Commission shall conduct a study of whether it is in the public interest to extend the requirements of subsection (a) to cable opera- tors in lieu of the requirements of section 612. The Com- mission may extend to cable operators any or all of the requirements of subsection (a), to the extent consistent with the findings of the inquiry. SEC. 654. EQUAL ACCESS COMPLIANCE. "(a) CERTIFICATION REQUIRED "(1) IN GENERAL.--A common carrier subject to title II of this Act shall not provide video pro- gramming directly to subscribers in its telephone service area unless such carrier has certified to the Commission that such carrier is in compliance with the requirements of paragraphs (1) an(i (2) of sec- tion 201(c) of this Act, and regulations prescribed pursuant to such paragraphs. "(2) EXCEPTION.--Notwithstanding paragraph (1), a common carrier subject to title II of this Act may provide video programming directly to subscrib- ers in its telephone service area during any period prior to the date the Commission first prescribes regulations pursuant to paragraphs (1) and (2) of section 201(c) of this Act if such carrier has cer- tified to the Commission that such carrier is in com- pliance with State laws and regulations concerning equal access, connection, and unbundling that are substantially similar to and fully consistent with the requirements of such paragraphs. A common carrier that submits a certification pursuant to this paragraph shall not be exempt from the require- ments of paragraph (1) after the effective date of such regulations. "(b) CERTIFICATION AND APPLICATION AP- PROVAL.--A common carrier that submits a certification under paragraph (1) or (2) of subsection (a) shall be eligi- ble to provide video programming to subscribers in accord- ance with the requirements of this part, subject to the ap- proval of any necessary application under section 214 for authority to establish a video platform. An application under section 214 may be filed simultaneously with the of such certification, and the Commission shall act to approve (with or without modification) or reject such certification and application within 180 days after the date of submission. "SEC. 655. PROHIBITION OF CROSS-SUBSIDIZATION. "(a) COMMON CARRIER PROHIBITIONS.--The Com- mission shall prescribe regulations to prohibit a common carrier from engaging in any practice that results in the inclusion in rates for telephone exchange services or tele- phone exchange access services of any operating expenses, costs, depreciation charges, capital investments, or other expenses associated with the provision of video program- ming by the common carrier or its video programming af- filiate. "(b) CABLE OPERATOR PROHIBITIONS.--The Com- mission shall prescribe regulations to prohibit a cable op- erator from engaging in any practice that results in im- proper cross-subsidization between its regulated cable op- erations and its provision of telecommunications service, either directly or through an affiliate. "SEC. 656. PROHIBITION ON BUYOUTS. "(a) GENERAL PROHIBITION.--No common carrier that provides telephone exchange service, nor any entity owned by or under common ownership or control with such carrier, may purchase or otherwise obtain control over any cable system that is located within its telephone service area and is owned by an unaffiliated person. "(b) EXCEPTIONS.--Notwithstanding subsection (a), a common carrier may- "(1) obtain a controlling interest in, or form a joint venture or other partnership with, a cable sys- tem that serves a rural area; " (2) obtain a controlling interest in, or form a joint venture or other partnership with, a cable sys- tem or systems, if such systems in the aggregate serve less than 10 percent of the households in the telephone service area of such carrier and its affili- ated common carriers; or " (3) obtain the use of that part of the trans- mission facilities of such a cable system extending from the last multi-user terminal to the premises of the end user, if such use is reasonably limited in scope and duration, as determined by the Commis- sion. "(c) WAIVER.- "CRITERIA FOR WAIVER.--The Commission may waive the restrictions in subsection (a) of this section only upon a showing by the applicant that- "(A) because of the nature of the market served by the cable system concerned- "(i) the incumbent cable operator would be subjected to undue economic dis- tress by the enforcement of such sub- section; or "(ii) the cable system would not be economically viable if such subsection were enforced, and "(B) the local franchising authority ap- proves of such waiver. "(2) DEADLINE FOR ACTION.--The Commission shall act to approve or disapprove a waiver applica- tion within 180 days after the date it is filed. "SEC. 657. PENALTIES. "If the Commission finds that any common carrier has knowingly violated any provision of this part, the Commission shall assess such fines and penalties as it deems appropriate pursuant to title V of this Act. "SEC. 658. CONSUMER PROTECTION. "(a) JOINT BOARD REQUIRED.--The Commission shall, within 30 days after the date of enactment of this part, convene a Federal-State Joint Board under the pro- visions of section 410(c) for the purpose of recommending a decision concerning the practices, classifications, and regulations as may be necessary to ensure proper jurisdic- tional separation and allocation of the costs of establishing and providing a video platform and allocations of those costs between regulated and unregulated services, includ- ing affiliated video programming. The Board shall issue its recommendations to the Commission within 270 days after the date of enactment of this part "(b) COMMISSION REGULATIONS REQUIRED.--The Commission, with respect to interstate switched access service, and the States, with respect to telephone exchange service and intrastate interexchange service, shall, within one year after the date of the enactment of this part, es- tablish such rules and regulations as may be necessary to implement section 655. "(c) NO EFFECT ON CARRIER REGULATION AU- THORITY.--Nothing in this section shall be construed to limit or supersede the authority of any State or the Com- mission with respect to the allocation of costs associated with intrastate or interstate communication services. "SEC. 659. APPLICABILITY OF FRANCHISE AND OTHER RE- QUIREMENTS. "(a) IN GENERAL.--Except as provided in subsection (b)- "(1) the provisions of part II and sections 628, 631 and 632 of this title, and section 325 of title III, shall apply, and "(2) the provisions of parts III and IV (other than sections 628, 631, and 632) of this title shall not apply, to any video programming affiliate established by a com- mon carrier in accordance with the requirements of this part. "(b) IMPLEMENTATION OF REQUIREMENTS.- "(1) REGULATIONS.--The Commission shall prescribe regulations to ensure that a video pro- gramming affiliate of a common carrier shall provide (A) capacity, services, facilities, and equipment for public, educational, and governmental use, (B) ca- pacity for commercial use, (C) carriage of commer- cial and non-commercial broadcast television sta- tions, and (D) an opportunity for commercial broad- cast stations to choose between mandatory carriage and reimbursement for retransmission of the signal of such station. Such regulations shall also require that, if a common carrier establishes a video plat- form but does not provide or ceases to provide video programming through a video programming affiliate, such video platform shall comply with such regula- tions. In prescribing such regulations, the Commis- sion shall impose obligations that are no greater or lesser than the obligations contained in the provi- sions described in subsection (a)(1) of this section. "(2) FEES.--A video programming affiliate of any common carrier that establishes a video plat- form under this part shall be subject to the payment of fees imposed by a local franchising authority, in lieu of the fees required under section 622. The rate at which such fees are imposed shall not exceed the rate at which franchise fees are imposed on any cable operator transmitting video programming in the same service area. "SEC. 660. RURAL AREA EXEMPTION. "The provisions of sections 652, 653, 654, and 656 shall not apply to video programming provided in a rural area by a common carrier that provides telephone ex- change service in the same area.". SEC. 202. REVIEW OF BROADCAST STATION OWNERSHIP RESTRICTIONS. Within one year after the date of enactment of this Act the Commission shall, after a notice and comment proceeding, prescribe regulations to modify, maintain, or remove the ownership rules on radio and television broad- cast stations as necessary to ensure that broadcasters are able to compete fairly with other information providers while protecting the goals of diversity and localism. SEC. 203. INTERACTIVE SERVICES AND CRITICAL INTER FACES. (a) FINDINGS.--The Congress finds that- (1) the convergence of communications and computing technologies will permit improvements in interoperability between and among those tech- nologies; (2) in the public switched telecommunications network, open protocols and technical requirements for connection between the network and the consumer have served to broaden consumer choice, lower prices, and spur competition and innovation in the customer equipment industry; (3) set-top boxes and other interactive commu- nications devices could similarly serve as a critical gateway between American homes and businesses and advanced telecommunications and video pro- gramming networks; (4) in order to promote diversity, competition, and technological innovation among suppliers of equipment and services, it may be necessary to make certain critical interfaces open and accessible to a broad range of information providers; (5) the identification of critical interfaces and the assessment of their openness must be accom- plished with due recognition that open and accessible systems may include standards that involve both nonproprietary and proprietary technologies; (6) whenever possible, standards in dynamic in- dustries such as interactive systems are best set by the marketplace or by private sector standard set- ting bodies; and (7) the role of the Commission in this regard is to identify, in consultation with industry groups, consumer interests, and independent experts critical interfaces to ensure that end users connect in- formation devices to such networks and to ensure that information service providers are able to trans- mit information to end users and, if necessary, to take steps to ensure these systems are accessible to a broad range of information providers and program suppliers. (b) PROCEEDING REQUIRED.--Within 6 months after the date of the enactment of this Act, the Commission shall commence a proceeding- (1) to examine the impact of the convergence of technologies on cable, telephone, satellite, and other wireless technologies likely to offer interactive com- munications services; (2) to ascertain the importance of maintaining open and accessible systems in interactive commu- nications services; (3) to assess the costs and benefits of maintain- ing varying levels of interoperability between and among interactive communications services; (4) to assess the costs and benefits of establish- ing public interfaces (A) between the network pro- vider and the set-top box or other interactive com- munications devices used in the home or office, and (B) between network providers and information serv- ice providers, and to determine how best to establish such interfaces; (5) to determine how converter boxes or other interactive communications devices could be sold through third party vendors and to determine the vendors' responsibilities for ensuring that their de- vices are interoperable with interactive networks; (6) to assess how the security of cable and other interactive systems or its service can continue to be ensured with the establishment of an interface between the network and the converter box or other interactive communications device or by the intro- duction of third party vendors of such devices; (7) to ascertain the conditions necessary to en- sure that any critical interface is available to infor- mation and content providers and others who seek to design and build interoperable devices for these sys- tems so as to ensure network access and fair com- petition for independent information providers; (8) to assess the impact of the deployment of digital technologies on individuals with disabilities, with particular emphasis on any regulatory, policy, or design barriers which would limit functionally equivalent access by such individuals; (9) to assess current regulation of telephone, cable, satellite, and all other delivery systems to as- certain how best to ensure interoperability between those systems; (10) to assess current regulation of telephone, cable, satellite, and other delivery systems with re- spect to unbundling requirements for converter boxes or interactive communications devices and for other customer premises equipment; (11) to propose changes in the Commission's regulations to ensure that diversity, competition, and technological innovation are promoted in commu- nications services; and (12) to prepare recommendations to the Con- gress for any legislative changes required. (c) REPORT TO CONGRESS.--Within 12 months after the date of the enactment of this Act the Commission shall submit to the Congress a report on the results of the proceeding required by subsection (b) - SEC. 204. VIDEO PROGRAMMING ACCESSIBILITY. (a) REGULATIONS REQUIRED.--The Federal Com- munications Commission shall, within 1 year after enact- ment of this section, prescribe such regulations as are nec- essary to ensure that all video programming is fully acces- sible to individuals with disabilities through the provision of closed captioning service and video descriptions. (b) CONTENTS OF REGULATIONS.--Such regulations shall include- (1) an appropriate schedule of deadlines for the provision of closed captioning of video programming, and (2) technical standards and an appropriate schedule of deadlines for the provision of video de- scription of video programming. (c) EXEMPTIONS.--Notwithstanding subsections (a) and (b), a provider of video programming may petition the Commission for an exemption from the requirements of this section, upon a showing that the requirements con- tained herein would result in an undue burden. (d) UNDUE BURDEN.--The term 'undue burden' means significant difficulty or expense. In determining whether the service necessary to comply with the require- ments of this paragraph would result in an undue burden, the factors to be considered include- (1) the nature and cost of the service; (2) the impact on the operation of the provider; (3) the financial resources of the provider, and (4) the type of operations of the provider. (e) VIDEO DESCRIPTION.--For purposes of this sec- tion, "video description" means the insertion of audio nar- rated descriptions of a television program's key visual ele- ments into natural pauses between the program's dia- logue. SEC. 205. PUBLIC RIGHTS-OF-WAY. Within one year after the date of enactment of this Act, the Federal Communications Commission shall pre- scribe regulations to reserve appropriate capacity for the public at preferential rates on cable systems and video platforms.