[Amendments to the post-initial-markup Markey-Fields bill HR 3636; see hr3636.bill. 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.* Bill no: 3636 | Amendment no: 1 | ----------------| AMENDMENT OFFERED BY MR. MARKEY TO THE AMENDMENT IN THE NATURE OF SUBSTITUTE OFFERED BY MR. MARKEY Page 17, line 6, insert before the period the following: ",subject to such adjustments as may be necessary to reflect changes in inflation rates and productivity". Page 23, line 18, strike "and" and insert "or". Page 24, strike lines 17 through page 25, line 2, and insert the following: 1 "(ii) would materially delay the de- 2 ployment of new facilities with improved 3 capabilities or efficiencies that will be used 4 to meet the requirements of open platform 5 services. 6 Such petitions shall be decided by the Commis- 7 sion within 180 days of the date of its submis- 8 sion. Page 31, line 19, strike "Commission" and insert "National Telecommunications and Information Administration". Page 31, line 23, strike "Commission" and insert "Administration. Amendment 1 Page 2 Page 31, line 26, strike "Commission's" and insert "Administration's". Page 35, after line 11, insert the following new section: 1 SEC. 107. INQUIRY ON POLICIES TO ENHANCE CIVIC PARTICIPATION. 2 (a) INQUIRY ON POLICIES TO ENHANCE CIVIC PAR- 3 TICIPATION ON THE INTERNET.--The commission, in 4 consultation with the National Telecommunications and 5 Information Administration, shall initiate an inquiry into 6 policies that will enhance civic participation through the 7 Internet. The inquiry shall request public comment on the 8 question of whether common carriers should be required 9 to provide citizens with a flat rate service for gaining ac- 10 cess to the Internet. 11 (b) PARTICIPATION IN REGULATORY AFFAIRS.-- The 12 Commission, in consultation with the Office of Consumer 13 Affairs, shall conduct a study of how to encourage citizen 14 participation in regulatory issues and, within 120 days 15 from the date of enactment of this Act, report to Congress 16 on the results of the study. Page 46, line 4, strike "sole" and strike "all". Page 46, line 17, after "(A)" insert "consistent with the requirements of section 659,". Amendment 1 Page 3 Page 47, line 20, after "carrier" insert "directly or indirectly". Page 47, strike line 24 and all that follows through line 2 on page 48 and insert "a common carrier ensure that there is a suitable identification of the video programming vendor or copyright holder(or both), except that if such identification is transmitted as part of the programming signal, the carrier shall display such identification without change or alteration.". Page 48, line 8, strike "advanced" and all that follows through line 11 and insert "a switched, broadband video programming delivery system.". Page 48, beginning on line 15, strike "The Commission" and all that follows through line 18 and insert the following: "The Commission shall submit to the Congress a report on the results of such study not later than 2 years after the date of enactment of this section.". Page 51, strike lines 10 through 15 and insert the following: 1 "(2) obtain, in addition to any interest, joint 2 venture, or partnership obtained or formed pursuant 3 to paragraph (1), a controlling interest in, or form Amendment 1 Page 4 1 a joint venture or other partnership with, any cable 2 system or systems if-- 3 "(A) such systems in the aggregate serve 4 less than 10 percent of the households in the 5 telephone service area of such carrier; and 6 "(B) no such system serves a franchise 7 area with more than 35,000 inhabitants, except 8 that a common carrier may obtain such interest 9 or form such joint venture or other partnership 10 with a cable system that serves a franchise area 11 with more than 35,000 but not more than 12 50,000 inhabitants if such system is not affili- 13 ated (as such term is defined in section 602) 14 with any other system whose franchise area is 15 contiguous to the franchise area of the acquired 16 system; or Page 51, line 16, after "obtain insert", with the concurrence of the cable operator on the rates, terms and conditions,". Page 55, line 19, strike "BROADCAST STATION" and insert the following: "BROADCASTERS". Page 55, beginning on line 24, strike "broadcast stations" and insert "broadcasters". Amendment 1 Page 5 Page 56, after line 2, insert the following new section ( and redesignate the succeeding sections accordingly): 1 SEC. 203. REVIEW OF STATUTORY OWNERSHIP RESTRIC- 2 TION. 3 Within one year after the date of enactment of this 4 Act, the Commission shall review the ownership restriction 5 in section 613(a)(1) of the Communications Act of 1934 6 (47 U.S.C.553(A)(1) and report to Congress whether or 7 not such restriction continues to serve the public interest. Page 56, line 24, after "interfaces" insert "with such networks". Page 56, line 25, after "broad range of" insert "equipment manufactures and". Page 57, line 1, after "critical interfaces" insert "with advanced networks". Page 57 after line 5, insert the following new paragraph (and redesignate the subsequent paragraphs accordingly): 8 "(6) such identification and assessment must 9 also be accomplished with due recognition of the 10 need for owners and distributors of video program- Amendment 1 Page 6 1 ming and information services to ensure system and 2 signal security and to prevent theft of service;". Page 57, line 13, after "critical interfaces" insert "with advanced networks". Page 57, line 17, strike "systems" and insert "Networks and services". Page 57, line 20, after (b) strike "PROCEEDING" and insert "INQUIRY". Page 57, line 22, strike "proceeding" and insert "inquiry". Page 58, line 6, strike "to assess" and insert "to examine". Page 58, line 9, strike "to assess" and insert "to examine". Page 58, line 10, strike "public" and insert "open". Page 59, lines 6 and 7, strike "systems" and insert "networks". Page 59, line 15, strike "all". Page 59, lines 15 and 19, after "and other" insert "communications". Amendment 1 Page 7 Page 59, line 23, strike "propose" and insert "solicit comment whether,". Page 59, line 24, after "regulations" insert "would be necessary". Page 61, line 18, strike "RIGHTS-OF-WAY" and insert "ACCESS'. Bill no: 3636 | Amendment no: 2 | ----------------| At page 60 line 9 add the following: (d) PRESERVATION OF EXISTING AUTHORITY.--Nothing in this section shall be construed as limiting, superseding, or otherwise modifying the existing authority and responsibilities of the National Institute of Standards and Technology. Bill no: 3636 | Amendment no: 3 | ----------------| AMENDMENT OFFERED BY MR. BOUCHER TO THE AMENDMENT IN THE NATURE OF A SUBSTITUTE OFFERED BY MR. MARKEY Page 3, line 12, strike "and" and insert a comma and insert after "quality" the following: ", and price". Page 3, after line 12 insert the following: 1 SEC. 107. POLE ATTACHMENTS 2 Section 224 of the Communications Act of 1934 (47 3 U.S.C.224) is amended-- 4 (1) in subsection (a)(4), by insert after "sys- 5 tem" the following: "or a provider of telecommuni- 6 cations service"; and 7 (2) by striking the period at the end of sub- 8 section (d)(1) and inserting ",except that the Com- 9 mission shall,no later than 1 year after the date of 10 enactment of the National Communications Com- 11 petition and Information Infrastructure Act of 1994, 12 prescribe regulations for ensuring that utilities 13 charge just and reasonable and nondiscriminatory 14 rates for pole attachments provided to all providers 15 of telecommunications services, including cable tele- 16 vision systems providing telecommunications services 17 as defined in section 3(mm) of this Act. The final Amendment 3 Page 2 1 regulations prescribed by the Commission pursuant 2 to this subsection shall not apply to a pole attach- 3 ment used by a cable television system solely to pro- 4 vide cable service as defined in section 602(6) of this 5 Act.". Bill no: 3636 | Amendment no: 4 | ----------------| AMENDMENT OFFERED BY MR. BOUCHER TO THE AMENDMENT IN THE NATURE OF SUBSTITUTE OFFERED BY MR. MARKEY Page 30, line 19, strike the close quotation marks and following period and after such line insert the following new subsection: l "(e) INFRASTRUCTURE SHARING.-- 2 "(1) REGULATIONS REQUIRED.--Within 180 3 days after the date of enactment of this subsection, 4 the Commission shall prescribe regulations that re- 5 quire local exchange carriers to make available to 6 any qualifying carrier such public switched network 7 infrastructure, technology, information, and tele- 8 communications facilities and functions as may be 9 requested by such qualifying carrier for the purpose 10 of enabling that carrier to provide telecommuni- 11 cations services, or to provide access to information 12 services, in the geographic area in which that carrier 13 has requested and obtained designation as the quali- 14 fying carrier. 15 " (2) QUALIFYING CARRIERS.--For purposes of 16 paragraph (1), the term qualifying carrier' means a 17 local exchange carrier that-- Amendment 4 Page 2 1 "(A) lacks economies of scale or scope, as 2 determined in accordance with regulations pre- 3 scribed by the Commission pursuant to this 4 subsection: and 5 "(B) is a common carrier which offers tele- 6 phone exchange service, telephone exchange ac- 7 cess service, and any other service that is within 8 the definition of universal service, to all cus- 9 tomers without preference throughout a defined 10 geographic area that is not smaller than the ge- 11 ographic area of the corresponding exchange 12 area in existence on the date of enactment of 13 this subsection. 14 "(3) TERMS AND CONDITIONS OF REGULA- 15 tions.--The regulations prescribed by the Commis- 16 sion pursuant to this subsection-- 17 "(A) shall not require any local exchange 18 carrier to take any action that is economically 19 unreasonable or that is contrary to the public 20 interest; 21 "(B) shall permit, but shall not require 22 the joint ownership or operation of public 23 switched network infrastructure and services by 24 or among the local exchange carrier and the 25 qualifying carrier; Amendment 4 Page 3 l "(C) shall ensure that a local exchange 2 carrier shall not be treated by the Commission 3 or any State commission as a common carrier 4 for hire or as offering common carrier services 5 with respect to any infrastructure, technology, 6 information, facilities, or functions made avail- 7 able to a qualifying carrier pursuant to this 8 subsection; 9 "(D) shall ensure that local exchange car- 10 riers make such infrastructure, technology, infor- 11 mation, facilities, or functions available to 12 qualifying carriers on fair and reasonable terms 13 and conditions that permit such qualifying car- 14 riers to fully benefit from the economies of scale 15 and scope of the providing local exchange car- 16 rier, as determined in accordance with guide- 17 lines prescribed by the Commission in such reg- 18 ulations; 19 "(E) shall establish conditions that pro- 20 mote cooperation between local exchange car- 21 riers and qualifying carriers of last resort; and 22 " (F) shall not require any local exchange 23 carrier to engage in any infrastructure sharing 24 agreement for any geographic area where such Amendment 4 Page 4 1 Carrier is required to provide services subject 2 State regulation. 3 "(4) INFORMATION CONCERNING DEPLOYMENT 4 OF NEW SERVICES AND EQUIPMENT.--Any local ex- 5 change carrier that has entered into an agreement 6 with a qualifying carrier under this subsection shall 7 provide to each party to such agreement timely in- 8 formation on the planned deployment of tele- 9 communications services and equipment, including 10 software integral to such telecommunications serv- 11 ices and equipment, including upgrades.". Bill no: 3636 | Amendment no: 5 | ----------------| AMENDMENT OFFERED BY MR. RICHARDSON TO THE AMENDMENT IN THE NATURE OF SUBSTITUTE OFFERED BY MR. MARKEY Page 54, line 2, strike "631 and 632" and insert "631, 632, and 634". Page 54, line 5, strike "and 632" and insert "632, and 634". Bill no: 3636 | Amendment no: 6 | ----------------| AMENDMENT TO H.R. 3636 OFFERED BY MR. HASTERT OF ILLINOIS Amend HR 3636, as amended, on page 16, on line 14, by inserting after the word "capabilities," the following: ",including open platform service,". Bill no: 3636 | Amendment no: 7 | ----------------| AMENDMENT BY CONGRESSMAN SYNAR (D-OK) TO THE AMENDMENT IN THE NATURE OF A SUBSTITUTE OFFERED BY MR. MARKEY OF MASSACHUSETTS On page 19 strike lines 3 through 12 and insert in lieu thereof the following: "(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 exchange service or telephone exchange access service of any operating expenses, costs depreciation charges, competing telecommunications services, information services or video programming services by the common carrier or affiliate. Such regulations shall provide that -- "(A) the rates for telephone exchange service or telephone exchange access service are no greater than they would have been in the absence of such investment in competing telecommunications services, information services or video programming services (taking into account any decline in the real costs of providing such telephone exchange services or telephone exchange access service); and "(B) such competing telecommunications services, information services or video programming services bear a reasonable share of the joint and common costs of facilities used to provide telephone exchange service or telephone exchange access service and competing telecommunications services, information services or video programming services. Bill no: 3636 | Amendment no: 8 | ----------------| AMENDMENT OFFERED BY MR. TAUZIN TO THE AMENDMENT IN THE NATURE OF SUBSTITUTE OFFERED BY MR. MARKEY At the end of the bill add the following new section: 1 SEC. 206. AUTOMATED SHIP DISTRESS AND SAFETY SYS- 2 TEMS. 3 Notwithstanding any provision of the Communica- 4 tions Act of 1934, a ship documented under the laws of 5 the United States operating in accordance with the Global 6 Maritime Distress and Safety System provisions of the 7 Safety of Life at Sea Convention shall not be required to 8 be equipped with a radio station operated by one or more 9 radio officers or operators. Bill no: 3636 | Amendment no: 9 | ----------------| AMENDMENT OFFERED BY MR TAUZIN TO THE AMENDMENT IN THE NATURE OF A SUBSTITUTE OFFERED BY MR. MARKEY After section 202, insert the following new section (and redesignate the succeeding sections accordingly): 1 SEC. 203. BROADCASTER SPECTRUM FLEXIBILITY. 2 (a) REGULATIONS REQUIRED.--Within 1 year after 3 the date of enactment of this Act, the Federal Commu- 4 nications Commission shall, after a notice and comment 5 proceeding, prescribe regulations to permit broadcasters 6 to make use of the broadcast spectrum that they are li- 7 censed to use for services that are ancillary or supple- 8 mentary to the programming services which they are au- 9 thorized to provide. Such regulation shall not relieve a 10 broadcast station from its obligation to serve the public 11 interest, convenience, and necessity. This section shall not 12 be construed to authorize the Commission to reduce, re- 13 strict, or eliminate any condition or obligation applicable 14 to the issuance or renewal of a license in the broadcasting 15 service. Nothing in this section shall be construed to affect 16 the Commission's discretion and responsibility to make de- 17 terminations consistent with the public interest with re- Amendment 9 Page 2 1 spect to advanced television services. Nothing in this sec- 2 tion shall be construed to limit or otherwise affect the 3 Commission's authority to review and revise its regula- 4 tions with respect to a broadcast station's minimum hours 5 of operation. 6 (b) FEES FOR COMMERCIAL SERVICES.--To the ex- 7 tent that a broadcast licensee uses broadcast spectrum to 8 provide commercial services other than broadcast service, 9 the Commission shall, after a notice and comment pro- 10 ceeding, impose a fee upon such licensee in an amount 11 not to exceed the amount that would have been paid if 12 the license to provide such commercial services had been 13 subjected to competitive bidding under section 309(j) of 14 the Communications Act of 1934 (47 U.S.C. 309(J)). The 15 Commission shall, in its notice and comment proceeding, 16 consider criteria it deems appropriate in establishing a 17 reasonable amount to be paid.