S.652
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday, the
third day of January, one thousand nine hundred and
ninety-six
AN ACT
To promote competition and reduce regulation in order to secure
lower prices and higher quality services for American
telecommunications consumers and encourage the rapid deployment of
new telecommunications technologies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.--This Act may be cited as the
"Telecommunications Act of 1996".
(b) REFERENCES.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
0mprovision of the Communications Act of 1934 (47 U.S.C. 151 et seq.).
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title; references.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--TELECOMMUNICATION SERVICES
SUBTITLE A--TELECOMMUNICATIONS SERVICES
Sec. 101. Establishment of part II of title II.
"PART II--DEVELOPMENT OF COMPETITIVE MARKETS
"Sec. 251. Interconnection.
"Sec. 252. Procedures for negotiation, arbitration, and approval of
agreements.
"Sec. 253. Removal of barriers to entry.
"Sec. 254. Universal service.
"Sec. 255. Access by persons with disabilities.
"Sec. 256. Coordination for interconnectivity.
"Sec. 257. Market entry barriers proceeding.
"Sec. 258. Illegal changes in subscriber carrier selections.
"Sec. 259. Infrastructure sharing.
"Sec. 260. Provision of telemessaging service.
"Sec. 261. Effect on other requirements."
Sec. 102. Eligible telecommunications carriers.
Sec. 103. Exempt telecommunications companies.
Sec. 104. Nondiscrimination principle.
SUBTITLE B--SPECIAL PROVISIONS CONCERNING BELL OPERATING
COMPANIES
Sec. 151. Bell operating company provisions.
"PART III--SPECIAL PROVISIONS CONCERNING BELL OPERATING
COMPANIES
"Sec. 271. Bell operating company entry into interLATA services.
"Sec. 272. Separate affiliate; safeguards.
"Sec. 273. Manufacturing by Bell operating companies.
"Sec. 274. Electronic publishing by Bell operating companies.
"Sec. 275. Alarm monitoring services.
"Sec. 276. Provision of payphone service."
TITLE II--BROADCAST SERVICES
Sec. 201. Broadcast spectrum flexibility.
"Sec. 336. Broadcast spectrum flexibility."
Sec. 202. Broadcast ownership.
Sec. 203. Term of licenses.
Sec. 204. Broadcast license renewal procedures.
Sec. 205. Direct broadcast satellite service.
Sec. 206. Automated ship distress and safety systems.
"Sec. 365. Automated ship distress and safety systems."
Sec. 207. Restrictions on over-the-air reception devices.
TITLE III--CABLE SERVICES
Sec. 301. Cable Act reform.
Sec. 302. Cable service provided by telephone companies.
"PART V--VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE
COMPANIES
"Sec. 651. Regulatory treatment of video programming services.
"Sec. 652. Prohibition on buy outs.
"Sec. 653. Establishment of open video systems."
Sec. 303. Preemption of franchising authority regulation of
telecommunications services.
Sec. 304. Competitive availability of navigation devices.
"Sec. 629. Competitive availability of navigation devices."
Sec. 305. Video programming accessibility.
"Sec. 713. Video programming accessibility."
TITLE IV--REGULATORY REFORM
Sec. 401. Regulatory forbearance.
"Sec. 10. Competition in provision of telecommunications service."
Sec. 402. Biennial review of regulations; regulatory relief.
"Sec. 11. Regulatory reform."
Sec. 403. Elimination of unnecessary Commission regulations and
functions.
TITLE V--OBSCENITY AND VIOLENCE
SUBTITLE A--OBSCENE, HARASSING, AND WRONGFUL UTILIZATION
OF TELECOMMUNICATIONS FACILITIES
Sec. 501. Short title.
Sec. 502. Obscene or harassing use of telecommunications facilities
under the Communications Act of 1934.
Sec. 503. Obscene programming on cable television.
Sec. 504. Scrambling of cable channels for nonsubscribers.
"Sec. 640. Scrambling of cable channels for nonsubscribers."
Sec. 505. Scrambling of sexually explicit adult video service
programming.
"Sec. 641. Scrambling of sexually explicit adult video service
programming."
Sec. 506. Cable operator refusal to carry certain programs.
Sec. 507. Clarification of current laws regarding communication of
obscene materials through the use of computers.
Sec. 508. Coercion and enticement of minors.
Sec. 509. Online family empowerment.
"Sec. 230. Protection for private blocking and screening of
offensive material."
SUBTITLE B--VIOLENCE
Sec. 551. Parental choice in television programming.
Sec. 552. Technology fund.
SUBTITLE C--JUDICIAL REVIEW
Sec. 561. Expedited review.
TITLE VI--EFFECT ON OTHER LAWS
Sec. 601. Applicability of consent decrees and other law.
Sec. 602. Preemption of local taxation with respect to direct-to-
home services.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Prevention of unfair billing practices for information or
services provided over toll-free telephone calls.
Sec. 702. Privacy of customer information.
"Sec. 222. Privacy of customer information."
Sec. 703. Pole attachments.
Sec. 704. Facilities siting; radio frequency emission standards.
Sec. 705. Mobile services direct access to long distance carriers.
Sec. 706. Advanced telecommunications incentives.
Sec. 707. Telecommunications Development Fund.
"Sec. 714. Telecommunications Development Fund."
Sec. 708. National Education Technology Funding Corporation.
Sec. 709. Report on the use of advanced telecommunications services
for medical purposes.
Sec. 710. Authorization of appropriations.
SEC. 3. DEFINITIONS.
(a) ADDITIONAL DEFINITIONS.--Section 3 (47 U.S.C. 153) is
amended--
(1) in subsection (r)--
(A) by inserting "(A)" after "means"; and
(B) by inserting before the period at the end the
following: ", or (B) comparable service provided through a
system of switches, transmission equipment, or other
facilities (or combination thereof) by which a subscriber
can originate and terminate a telecommunications service";
and
(2) by adding at the end thereof the following:
"(33) AFFILIATE.--The term `affiliate' means a person that
(directly or indirectly) owns or controls, is owned or
controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term `own'
means to own an equity interest (or the equivalent thereof) of
more than 10 percent.
"(34) AT&T CONSENT DECREE.--The term `AT&T Consent Decree'
means the order entered August 24, 1982, in the antitrust action
styled United States v. Western Electric, Civil Action No. 82-
0192, in the United States District Court for the District of
Columbia, and includes any judgment or order with respect to
such action entered on or after August 24, 1982.
"(35) BELL OPERATING COMPANY.--The term `Bell operating
company'--
"(A) means any of the following companies: Bell
Telephone Company of Nevada, Illinois Bell Telephone Company,
Indiana Bell Telephone Company, Incorporated, Michigan Bell
Telephone Company, New England Telephone and Telegraph
Company, New Jersey Bell Telephone Company, New York
Telephone Company, U S West Communications Company, South
Central Bell Telephone Company, Southern Bell Telephone and
Telegraph Company, Southwestern Bell Telephone Company, The
Bell Telephone Company of Pennsylvania, The Chesapeake and
Potomac Telephone Company, The Chesapeake and Potomac
Telephone Company of Maryland, The Chesapeake and Potomac
Telephone Company of Virginia, The Chesapeake and Potomac
Telephone Company of West Virginia, The Diamond State
Telephone Company, The Ohio Bell Telephone Company, The
Pacific Telephone and Telegraph Company, or Wisconsin
Telephone Company; and
"(B) includes any successor or assign of any such
company that provides wireline telephone exchange service;
but
"(C) does not include an affiliate of any such company,
other than an affiliate described in subparagraph (A) or
(B).
"(36) CABLE SERVICE.--The term `cable service' has the
meaning given such term in section 602.
"(37) CABLE SYSTEM.--The term `cable system' has the
meaning given such term in section 602.
"(38) CUSTOMER PREMISES EQUIPMENT.--The term `customer
premises equipment' means equipment employed on the premises of
a person (other than a carrier) to originate, route, or
terminate telecommunications.
"(39) DIALING PARITY.--The term `dialing parity' means that
a person that is not an affiliate of a local exchange carrier is
able to provide telecommunications services in such a manner
that customers have the ability to route automatically, without
the use of any access code, their telecommunications to the
telecommunications services provider of the customer's
designation from among 2 or more telecommunications services
providers (including such local exchange carrier).
"(40) EXCHANGE ACCESS.--The term `exchange access' means
the offering of access to telephone exchange services or
facilities for the purpose of the origination or termination of
telephone toll services.
"(41) INFORMATION SERVICE.--The term `information service'
means the offering of a capability for generating, acquiring,
storing, transforming, processing, retrieving, utilizing, or
making available information via telecommunications, and
includes electronic publishing, but does not include any use of
any such capability for the management, control, or operation of
a telecommunications system or the management of a
telecommunications service.
"(42) INTERLATA SERVICE.--The term `interLATA service'
means telecommunications between a point located in a local
access and transport area and a point located outside such area.
"(43) LOCAL ACCESS AND TRANSPORT AREA.--The term `local
access and transport area' or `LATA' means a contiguous
geographic area--
"(A) established before the date of enactment of the
Telecommunications Act of 1996 by a Bell operating company
such that no exchange area includes points within more than
1 metropolitan statistical area, consolidated metropolitan
statistical area, or State, except as expressly permitted
under the AT&T Consent Decree; or
"(B) established or modified by a Bell operating
company after such date of enactment and approved by the
Commission.
"(44) LOCAL EXCHANGE CARRIER.--The term `local exchange
carrier' means any person that is engaged in the provision of
telephone exchange service or exchange access. 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
should be included in the definition of such term.
"(45) NETWORK ELEMENT.--The term `network element' means a
facility or equipment used in the provision of a
telecommunications service. Such term also includes features,
functions, and capabilities that are provided by means of such
facility or equipment, including subscriber numbers, databases,
signaling systems, and information sufficient for billing and
collection or used in the transmission, routing, or other
provision of a telecommunications service.
"(46) NUMBER PORTABILITY.--The term `number portability'
means the ability of users of telecommunications services to
retain, at the same location, existing telecommunications
numbers without impairment of quality, reliability, or
convenience when switching from one telecommunications carrier
to another.
"(47) RURAL TELEPHONE COMPANY.--The term `rural telephone
company' means a local exchange carrier operating entity to the
extent that such entity--
"(A) 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 recently
available population statistics of the Bureau of the
Census; or
"(ii) any territory, incorporated or unincorporated,
included in an urbanized area, as defined by the Bureau
of the Census as of August 10, 1993;
"(B) provides telephone exchange service, including
exchange access, to fewer than 50,000 access lines;
"(C) provides telephone exchange service to any local
exchange carrier study area with fewer than 100,000 access
lines; or
"(D) has less than 15 percent of its access lines in
communities of more than 50,000 on the date of enactment of
the Telecommunications Act of 1996.
"(48) TELECOMMUNICATIONS.--The term `telecommunications'
means the transmission, between or among points specified by the
user, of information of the user's choosing, without change in
the form or content of the information as sent and received.
"(49) TELECOMMUNICATIONS CARRIER.--The term
`telecommunications carrier' means any provider of
telecommunications services, except that such term does not
include aggregators of telecommunications services (as defined
in section 226). A telecommunications carrier shall be treated
as a common carrier under this Act only to the extent that it is
engaged in providing telecommunications services, except that
the Commission shall determine whether the provision of fixed
and mobile satellite service shall be treated as common
carriage.
"(50) TELECOMMUNICATIONS EQUIPMENT.--The term
`telecommunications equipment' means equipment, other than
customer premises equipment, used by a carrier to provide
telecommunications services, and includes software integral to
such equipment (including upgrades).
"(51) TELECOMMUNICATIONS SERVICE.--The term
`telecommunications service' means the offering of
telecommunications for a fee directly to the public, or to such
classes of users as to be effectively available directly to the
public, regardless of the facilities used.".
(b) COMMON TERMINOLOGY.--Except as otherwise provided in this
Act, the terms used in this Act have the meanings provided in
section 3 of the Communications Act of 1934 (47 U.S.C. 153), as
amended by this section.
(c) STYLISTIC CONSISTENCY.--Section 3 (47 U.S.C. 153) is
amended--
(1) in subsections (e) and (n), by redesignating clauses
(1), (2), and (3), as clauses (A), (B), and (C), respectively;
(2) in subsection (w), by redesignating paragraphs (1)
through (5) as subparagraphs (A) through (E), respectively;
(3) in subsections (y) and (z), by redesignating paragraphs
(1) and (2) as subparagraphs (A) and (B), respectively;
(4) by redesignating subsections (a) through (ff) as
paragraphs (1) through (32);
(5) by indenting such paragraphs 2 em spaces;
(6) by inserting after the designation of each such
paragraph--
(A) a heading, in a form consistent with the form of
the heading of this subsection, consisting of the term
defined by such paragraph, or the first term so defined if
such paragraph defines more than one term; and
(B) the words "The term";
(7) by changing the first letter of each defined term in
such paragraphs from a capital to a lower case letter (except
for "United States", "State", "State commission", and "Great
Lakes Agreement"); and
(8) by reordering such paragraphs and the additional
paragraphs added by subsection (a) in alphabetical order based
on the headings of such paragraphs and renumbering such
paragraphs as so reordered.
(d) CONFORMING AMENDMENTS.--The Act is amended--
(1) in section 225(a)(1), by striking "section 3(h)" and
inserting "section 3";
(2) in section 332(d), by striking "section 3(n)" each
place it appears and inserting "section 3"; and
(3) in sections 621(d)(3), 636(d), and 637(a)(2), by
striking "section 3(v)" and inserting "section 3".
S 652 Continued >
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