Home > 106th Congressional Bills > H.R. 3851 (ih) To provide an election for a special tax treatment of certain S corporation conversions. [Introduced in House] ...

H.R. 3851 (ih) To provide an election for a special tax treatment of certain S corporation conversions. [Introduced in House] ...


Google
 
Web GovRecords.org







                                                 Union Calendar No. 557
106th CONGRESS
  2d Session
                                H. R. 3850

                          [Report No. 106-926]

   To amend the Communications Act of 1934 to promote deployment of 
  advanced services and foster the development of competition for the 
    benefit of consumers in all regions of the Nation by relieving 
    unnecessary burdens on the Nation's two percent local exchange 
          telecommunications carriers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2000

Mrs. Cubin (for herself, Mr. Gordon, Mr. Pickering, and Mr. Barrett of 
  Wisconsin) introduced the following bill; which was referred to the 
                         Committee on Commerce

                            October 3, 2000

Additional sponsors: Mr. Oxley, Mr. Green of Wisconsin, Mr. Petri, Mr. 
Burr of North Carolina, Mr. Hilleary, Mr. Deal of Georgia, Mr. Portman, 
 Mr. Kleczka, Mr. Moran of Kansas, Mr. Largent, Mr. Brown of Ohio, Mr. 
Coburn, Mr. Doolittle, Mr. Spratt, Mr. Ryan of Wisconsin, Mr. Clement, 
  Mr. Chabot, Mr. Kind, Mr. Boehner, Mr. Dickey, Mr. Strickland, Mr. 
 Sawyer, Mr. Klink, Mr. Boucher, Mr. Goodlatte, Mr. Lucas of Kentucky, 
        Mr. Gillmor, Mr. Berry, Mr. Hutchinson, and Mr. Snyder.

                            October 3, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                                8, 2000]

_______________________________________________________________________

                                 A BILL


 
   To amend the Communications Act of 1934 to promote deployment of 
  advanced services and foster the development of competition for the 
    benefit of consumers in all regions of the Nation by relieving 
    unnecessary burdens on the Nation's two percent local exchange 
          telecommunications carriers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Telecommunications 
Consumer Enhancement Act of 2000''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Telecommunications Act of 1996 was enacted to 
        foster the rapid deployment of advanced telecommunications and 
        information technologies and services to all Americans by 
        promoting competition and reducing regulation in 
        telecommunications markets nationwide.
            (2) The Telecommunications Act of 1996 specifically 
        recognized the unique abilities and circumstances of local 
        exchange carriers with fewer than two percent of the Nation's 
        subscriber lines installed in the aggregate nationwide.
            (3) Given the markets two percent carriers typically serve, 
        such carriers are uniquely positioned to accelerate the 
        deployment of advanced services and competitive initiatives for 
        the benefit of consumers in less densely populated regions of 
        the Nation.
            (4) Existing regulations are typically tailored to the 
        circumstances of larger carriers and therefore often impose 
        disproportionate burdens on two percent carriers, impeding such 
        carriers' deployment of advanced telecommunications services 
        and competitive initiatives to consumers in less densely 
        populated regions of the Nation.
            (5) Reducing regulatory burdens on two percent carriers 
        will enable such carriers to devote additional resources to the 
        deployment of advanced services and to competitive initiatives 
        to benefit consumers in less densely populated regions of the 
        Nation.
            (6) Reducing regulatory burdens on two percent carriers 
        will increase such carriers' ability to respond to marketplace 
        conditions, allowing them to accelerate deployment of advanced 
        services and competitive initiatives to benefit consumers in 
        less densely populated regions of the Nation.
    (b) Purposes.--The purposes of this Act are--
            (1) to accelerate the deployment of advanced services and 
        the development of competition in the telecommunications 
        industry for the benefit of consumers in all regions of the 
        Nation, consistent with the Telecommunications Act of 1996, by 
        reducing regulatory burdens on local exchange carriers with 
        fewer than two percent of the Nation's subscriber lines 
        installed in the aggregate nationwide;
            (2) to improve such carriers' flexibility to undertake such 
        initiatives; and
            (3) to allow such carriers to redirect resources from 
        paying the costs of such regulatory burdens to increasing 
        investment in such initiatives.

SEC. 3. DEFINITION.

    Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
amended--
            (1) by redesignating paragraphs (51) and (52) as paragraphs 
        (52) and (53), respectively; and
            (2) by inserting after paragraph (50) the following:
            ``(51) Two percent carrier.--The term `two percent carrier' 
        means an incumbent local exchange carrier within the meaning of 
        section 251(h) that has fewer than two percent of the Nation's 
        subscriber lines installed in the aggregate nationwide.''.

SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.

    Title II of the Communications Act of 1934 is amended by adding at 
the end thereof a new part IV as follows:

         ``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS

``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.

    ``(a) Commission To Take Into Account Differences.--In adopting 
rules that apply to incumbent local exchange carriers (within the 
meaning of section 251(h)), the Commission shall separately evaluate 
the burden that any proposed regulatory, compliance, or reporting 
requirements would have on two percent carriers.
    ``(b) Effect of Reconsideration or Waiver.--If the Commission 
adopts a rule that applies to incumbent local exchange carriers and 
fails to separately evaluate the burden that any proposed regulatory, 
compliance, or reporting requirement would have on two percent 
carriers, the Commission shall not enforce the rule against two percent 
carriers unless and until the Commission performs such separate 
evaluation.
    ``(c) Additional Review Not Required.--Nothing in this section 
shall be construed to require the Commission to conduct a separate 
evaluation under subsection (a) if the rules adopted do not apply to 
two percent carriers, or such carriers are exempted from such rules.
    ``(d) Savings Clause.--Nothing in this section shall be construed 
to prohibit any size-based differentiation among carriers mandated by 
this Act, chapter 6 of title 5, United States Code, the Commission's 
rules, or any other provision of law.
    ``(e) Effective Date.--The provisions of this section shall apply 
with respect to any rule adopted on or after the date of enactment of 
this section.

``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.

    ``(a) Limitation.--The Commission shall not require a two percent 
carrier--
            ``(1) to file cost allocation manuals or to have such 
        manuals audited, but a two percent carrier that qualifies as a 
        class A carrier shall annually certify to the Commission that 
        the two percent carrier's cost allocation complies with the 
        rules of the Commission; or
            ``(2) to file Automated Reporting and Management 
        Information Systems (ARMIS) reports.
    ``(b) Preservation of Authority.--Except as provided in subsection 
(a), nothing in this Act limits the authority of the Commission to 
obtain access to information under sections 211, 213, 215, 218, and 220 
with respect to two percent carriers.

``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.

    ``The Commission shall not require any two percent carrier to 
establish or maintain a separate affiliate to provide any common 
carrier or noncommon carrier services, including local and 
interexchange services, commercial mobile radio services, advanced 
services (within the meaning of section 706 of the Telecommunications 
Act of 1996), paging, Internet, information services or other enhanced 
services, or other services. The Commission shall not require any two 
percent carrier and its affiliates to maintain separate officers, 
directors, or other personnel, network facilities, buildings, research 
and development departments, books of account, financing, marketing, 
provisioning, or other operations.

``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.

    ``(a) NECA Pool.--The participation or withdrawal from 
participation by a two percent carrier of one or more study areas in 
the common line tariff administered and filed by the National Exchange 
Carrier Association or any successor tariff or administrator shall not 
obligate such carrier to participate or withdraw from participation in 
such tariff for any other study area.
    ``(b) Price Cap Regulation.--A two percent carrier may elect to be 
regulated by the Commission under price cap rate regulation, or elect 
to withdraw from such regulation, for one or more of its study areas at 
any time. The Commission shall not require a carrier making an 
election under this paragraph with respect to any study area or areas 
to make the same election for any other study area.

``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO 
              PERCENT COMPANIES.

    ``The Commission shall permit two percent carriers to introduce new 
interstate telecommunications services by filing a tariff on one day's 
notice showing the charges, classifications, regulations and practices 
therefor, without obtaining a waiver, or make any other showing before 
the Commission in advance of the tariff filing. The Commission shall 
not have authority to approve or disapprove the rate structure for such 
services shown in such tariff.

``SEC. 286. ENTRY OF COMPETING CARRIER.

    ``(a) Pricing Flexibility.--Notwithstanding any other provision of 
this Act, any two percent carrier shall be permitted to deaverage its 
interstate switched or special access rates, file tariffs on one day's 
notice, and file contract-based tariffs for interstate switched or 
special access services immediately upon certifying to the Commission 
that a telecommunications carrier unaffiliated with such carrier is 
engaged in facilities-based entry within such carrier's service area.
    ``(b) Pricing Deregulation.--Notwithstanding any other provision of 
this Act, upon receipt by the Commission of a certification by a two 
percent carrier that a local exchange carrier that is not a two percent 
carrier is engaged in facilities-based entry within the two percent 
carrier's service area, the Commission shall regulate such two percent 
carrier as non-dominant, and therefore shall not require the tariffing 
of the interstate service offerings of such two percent carrier.
    ``(c) Participation in Exchange Carrier Association Tariff.--A two 
percent carrier that meets the requirements of subsection (a) or (b) of 
this section with respect to one or more study areas shall be permitted 
to participate in the common line tariff administered and filed by the 
National Exchange Carrier Association or any successor tariff or 
administrator, by electing to include one or more of its study areas in 
such tariff.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Facilities-based entry.--The term `facilities-based 
        entry' means, within the service area of a two percent 
        carrier--
                    ``(A) the provision or procurement of local 
                telephone exchange switching capability; and
                    ``(B) the provision of local exchange service to at 
                least one unaffiliated customer.
            ``(2) Contract-based tariff.--The term `contract-based 
        tariff' shall mean a tariff based on a service contract entered 
        into between a two percent carrier and one or more customers of 
        such carrier. Such tariff shall include--
                    ``(A) the term of the contract, including any 
                renewal options;
                    ``(B) a brief description of each of the services 
                provided under the contract;
                    ``(C) minimum volume commitments for each service, 
                if any;
                    ``(D) the contract price for each service or 
                services at the volume levels committed to by the 
                customer or customers;
                    ``(E) a brief description of any volume discounts 
                built into the contract rate structure; and
                    ``(F) a general description of any other 
                classifications, practices, and regulations affecting 
                the contract rate.
            ``(3) Service area.--The term `service area' has the same 
        meaning as in section 214(e)(5).

``SEC. 287. SAVINGS PROVISIONS.

    ``(a) Commission Authority.--Nothing in this part shall be 
construed to restrict the authority of the Commission under sections 
201 through 205 and 208.
    ``(b) Rural Telephone Company Rights.--Nothing in this part shall 
be construed to diminish the rights of rural telephone companies 
otherwise accorded by this Act, or the rules, policies, procedures, 
guidelines, and standards of the Commission as of the date of enactment 
of this section.''.

SEC. 5. LIMITATION ON MERGER REVIEW

    (a) Amendment.--Section 310 of the Communications Act of 1934 (47 
U.S.C. 310) is amended by adding at the end the following:
    ``(f) Deadline for Making Public Interest Determination.--
            ``(1) Time limit.--In connection with any merger between 
        two percent carriers, or the acquisition, directly or 
        indirectly, by a two percent carrier or its affiliate of the 
        securities or assets of another two percent carrier or its 
        affiliate, the Commission shall make any determination required 
        by subsection (d) of this section or section 214 not later than 
        60 days after the date an application with respect to such 
        merger is submitted to the Commission.
            ``(2) Approval absent action.--If the Commission does not 
        approve or deny an application as described in paragraph (1) by 
        the end of the period specified, the application shall be 
        deemed approved on the day after the end of such period. Any 
        such application deemed approved under this subsection shall be 
        deemed approved without conditions.''.

Pages: 1 2 Next >>

Other Popular 106th Congressional Bills Documents:

1 H.R. 4399 (ih) To designate the facility of the United States Postal Service located at 440 South Orange Blossom Trail in Orlando, Florida, as the ``Arthur `Pappy' Kennedy Post Office Building''. [Introduced in House] ...
2 H.R. 2694 (ih) To increase the availability of child care for children whose parents work nontraditional hours or shifts. [Introduced in House] ...
3 H.R. 5120 (ih) To amend the Small Reclamation Projects Act of 1956 to establish a partnership program in the Bureau of Reclamation for small reclamation projects, and for other purposes. [Introduced in House] ...
4 S. 3059 (rs) To amend title 49, United States Code, to require motor vehicle [Reported in Senate] ...
5 H.Res. 677 (ath) Expressing the commitment of the Members of the House of Representatives to fostering a productive and collegial partnership with the 43rd President. [Agreed to House] ...
6 H.R. 5609 (ih) To ensure the availability of funds for ergonomic protection standards. [Introduced in House] ...
7 S. 3091 (is) To implement the recommendations of the General Accounting Office on improving the administration of the Packers and Stockyards Act, 1921 by the Department of Agriculture. [Introduced in Senate] ...
8 S. 3125 (is) To amend the Public Health Service Act, the Internal Revenue Code of 1986, and title XVIII of the Social Security Act to sustain access to vital emergency medical services in rural areas. [Introduced in Senate] ...
9 H.Con.Res. 253 (ih) Expressing the sense of the Congress strongly objecting to any effort to expel the Holy See from the United Nations as a state participant by removing its status as a Permanent Observer. [Introduced in House] ...
10 S. 3119 (is) To amend the Act entitled ``An Act to provide for the establishment of Fort Clatsop National Memorial in the State of Oregon, and for other purposes.''. [Introduced in Senate] ...
11 S. 2982 (is) To enhance international conservation, to promote the role of carbon sequestration as a means of slowing the build-up of greenhouse gases in the atmosphere, and to reward and encourage voluntary, pro-active environmental efforts on the issue...
12 H.R. 4627 (ih) To provide for a program to educate the public regarding the use of [Introduced in House] ...
13 S. 1508 (es) To provide technical and legal assistance to tribal justice systems and members of Indian tribes, and for other purposes. [Engrossed in Senate] ...
14 H.R. 2035 (rh) To correct errors in the authorizations of certain programs administered by the National Highway Traffic Administration. [Reported in House] ...
15 H.R. 4947 (ih) To amend the 21st Century Community Learning Centers Act to include public libraries. [Introduced in House] ...
16 H.R. 1487 (ih) To provide for public participation in the declaration of national monuments under the Act popularly known as the Antiquities Act of 1906. [Introduced in House] ...
17 H.R. 1452 (ih) To create United States money in the form of noninterest bearing credit [Introduced in House] ...
18 H.R. 4320 (rh) To assist in the conservation of great apes by supporting and providing financial resources for the conservation programs of countries within the range of great apes and projects of persons with demonstrated expertise in the conservation of...
19 H.R. 4870 (eh) To make technical corrections in patent, copyright, and trademark laws. [Engrossed in House] ...
20 S. 2763 (is) To amend the Food Security Act of 1985 to permit owners and operators to use certain practices to meet the requirement for establishing approved vegetative cover on highly erodible cropland subject to conservation reserve contracts. [Introduc...
21 H.R. 3606 (ih) To authorize appropriations to reimburse State and local police and sheriff's departments in the State of New York for certain security- related expenses arising out of the new residency of the President and First Lady in that State. [Intro...
22 H.Con.Res. 119 (ih) Expressing the sense of the Congress that a commemorative postage stamp should be issued in honor of the U.S.S. New Jersey and all those who served aboard her. [Introduced in House] ...
23 H.R. 5489 (ih) To provide Capitol-flown flags to the families of deceased law enforcement officers. [Introduced in House] ...
24 H.R. 3048 (rh) To amend section 879 of title 18, United States Code, to provide clearer coverage over threats against former Presidents and members of their families, and for other purposes. [Reported in House] ...
25 H.R. 1301 (ih) To amend the Clean Air Act to prohibit the listing of liquefied petroleum gas under section 112(r) of that Act. [Introduced in House] ...
26 H.Res. 159 (eh) [Engrossed in House] ...
27 H.R. 5083 (enr) To extend the authority of the Los Angeles Unified School District to use certain park lands in the City of South Gate, California, which were acquired with amounts provided from the land and water conservation fund, for elementary school...
28 H.Con.Res. 158 (enr) [Enrolled bill] ...
29 H.R. 3238 (ih) To name certain facilities of the United States Postal Service in Baltimore, Maryland. [Introduced in House] ...
30 S. 2028 (is) To make permanent the moratorium enacted by the Internet Tax Freedom Act as it applies to new, multiple, and discriminatory taxes on the Internet. [Introduced in Senate] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy