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


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘???? Act of 2005’’.

(b) TABLE OF CONTENTS.—


Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Purposes/principles/findings.
TITLE I—BROADBAND INTERNET TRANSMISSION SERVICES
Sec. 101. Jurisdiction.
Sec. 102. Registration of BITS providers.
Sec. 103. Interconnection.
Sec. 104. Access to BITS.
Sec. 105. Treatment as a telecommunications carrier for certain purposes.
Sec. 106. Coordination for interconnectivity.
TITLE II—VOIP SERVICES
Sec. 201. Jurisdiction.
Sec. 202. Registration of VOIP service providers.
Sec. 203. Exchange of traffic.
Sec. 204. Mediation, arbitration, and dispute resolution.
Sec. 205. Emergency services.
Sec. 206. Revision of universal service requirements.
Sec. 207. Number portability.
Sec. 208. Provision of relay service.
TITLE III—VIDEO SERVICES
Sec. 301. Jurisdiction.
Sec. 302. Registration of broadband video service providers.
Sec. 303. Broadband video service franchising.
Sec. 304. Application of video regulations to broadband video service providers.
Sec. 305. Regulation of carriage agreements.
Sec. 306. Implementation.
TITLE IV—GENERAL PROVISIONS
Sec. 401. Regulations; availability of registration statements.
Sec. 402. National consumer protection standards.
Sec. 403. Protection of consumer privacy.
Sec. 404. Access by persons with disabilities.
Sec. 405. Prohibition on buyouts.
Sec. 406. Reliability and integrity.
Sec. 407. Access to poles, ducts, conduits, and rights-of-way.
Sec. 408. Standard setting delays.
Sec. 409. Government authority to provide services.
Sec. 410. Preservation of existing laws.
Sec. 411. Complaints to the Commission.
Sec. 412. Commission authority over documents.
Sec. 413. Revocation of registration.
Sec. 414. Additional remedies.

SEC. 2. DEFINITIONS.

(a) TERMS.—For purposes of this Act:

(1) BIT.—The term ‘‘BIT’’ or ‘‘broadband Internet transmission’’ means the transmission of information in a packet-based protocol, including TCP/IP protocol or a successor protocol, regardless of the facilities used.

(2) BIT PROVIDER.—The term ‘‘BIT provider’’ means any person who provides or offers to provide BIT, either directly or through an affiliate.

(3) BITS.—The term ‘‘BITS’’ or ‘‘broadband Internet transmission service’’—

(A) means a packet-switched service that is offered to the public, or to such classes of users as to be effectively available directly to the public, with or without a fee, and that, regardless of the facilities used—

(i) is transmitted in a packet-based protocol, including TCP/IP or a successor protocol; and

(ii) provides to subscribers the capability to send and receive packetized information;

(B) includes any features, functions, and capabilities, as well as any associated packetized facilities, network equipment, and electronics, used to transmit or route packetized information;

(C) does not include—

(i) any time division multiplexing features, functions, and capabilities; or

(ii) the provision of any video programming package; and

(D) does not include customer premises equipment, inside wiring, or mobile personal communications devices.

(4) BITS PROVIDER.—The term ‘‘BITS provider’’ means any person who provides or offers to provide BITS, either directly or through an affiliate.

(5) BROADBAND VIDEO SERVICE.—The term ‘‘broadband video service’’ means a two-way, interactive service that—

(A) is offered, with or without a fee, to the public or to such classes of users as to be effectively available to the public, regardless of the facilities used;

(B) integrates, on a real-time and subscriber customizable basis, a video programming package with voice and data features, functions, and capabilities; and

(C) integrates the capability to access Internet content of the subscriber’s choosing consistent with section 104 of this Act.

(6) BROADBAND VIDEO SERVICE PROVIDER.—The term ‘‘broadband video service provider’’ means any person that provides or offers to provide, directly or through an affiliate, a broadband video service that is delivered directly to subscribers over facilities the service provider owns or controls.

(7) FRANCHISE.—The term ‘‘franchise’’ means an authorization, or renewal thereof, that authorizes under section 303 of this Act the operation of a broadband video service in a local franchise area.

(8) FRANCHISE FEE.—The term ‘‘franchise fee’’—

(A) includes any fee or assessment of any kind imposed by a franchising authority or other governmental entity on a broadband video service, broadband video service provider, or broadband video service subscriber, or any combination thereof, solely because of their status as such; and

(B) does not include—

(i) any fee or assessment of general applicability (including any such fee or assessment imposed on utilities, cable operators, and broadband video service providers or their services, but not including a fee or assessment which is unduly discriminatory against broadband video service providers or broadband video service subscribers); or

(ii) the requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages.

(9) ILEC.—The term ‘‘incumbent local exchange carrier’’ has the meaning provided by section 251(h) of the 1934 Act (47 U.S.C. 251(h)).

(10) LOCAL FRANCHISE AREA.—The term ‘‘local franchise area’’ means the area within the jurisdiction of a local franchising authority.

(11) LOCAL FRANCHISING AUTHORITY.—The term ‘‘local franchising authority’’ means any governmental entity that is empowered by Federal, State, or local law to grant a franchise within the meaning of section 602(9) of the 1934 Act (47 U.S.C. 522), and without regard to the definition of franchise in this section.

(12) VIDEO PROGRAMMING PACKAGE.—The term ‘‘video programming package’’ means the offering of a package of multiple programs generally considered to be comparable to programs provided by a television broadcast station.

(13) NECESSARY E–911 INFRASTRUCTURE.— The term ‘‘necessary E–911 infrastructure’’ means the selective routers, selective router databases, automatic location information databases, master street address guides, trunk lines between selective routers and PSAPs, trunk lines between automatic location information databases and PSAPs, and other 911 and E–911 equipment, facilities, databases, interfaces, and related capabilities specified by the Commission.

(14) PACKET-SWITCHED SERVICE.—The term ‘‘packet-switched service’’ means a service that routes or forwards packets, frames, cells, or other data units based on the identification, address, or other routing information contained in the packets, frames, cells, or other data units.

(15) PACKETIZED.—The term ‘‘packetized’’ means the segmentation of information into packets, cells, frames, or other data units for transmission over a network.

(16) PSAP.—The term ‘‘PSAP’’ means a facility that has been designated to receive emergency calls and route them to emergency service personnel.

(17) SUBSCRIBER.—The term ‘‘subscriber’’ means any person who consumes goods or services, whether provided for a fee, in exchange for an explicit benefit, or for free.

(18) TCP/IP PROTOCOL.—The term ‘‘TCP/IP protocol’’ refers to the family of Internet networking protocols that enable the exchange of data across interconnected networks.

(19) VOICE COMMUNICATIONS.—The term ‘‘voice communications’’ means the two-way, realtime transmission of voice conversation, regardless of the facilities and protocol used to transmit the voice conversation.

(20) VOIP SERVICE.—The term ‘‘VOIP service’’—

(A) means a packet-switched voice communications service that—

(i) is offered with or without a fee to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used; and

(ii) enables a subscriber to send or receive voice communications in TCP/IP protocol or a successor protocol over a broadband Internet transmission service to or from any subscriber with a telephone number under the North American Numbering Plan or such other identification method as designated by the Commission;

(B) may include integrated, enhanced features, functions, and capabilities; and

(C) does not include a cable service or a broadband video service.

(21) VOIP SERVICE PROVIDER.—The term ‘‘VOIP service provider’’ means any person who provides or offers to provide a VOIP service, either directly or through an affiliate.

(22) 1934 ACT.—The term ‘‘1934 Act’’ means the Communications Act of 1934 (47 U.S.C. 151 et seq.).

(23) 911 SERVICE.—

(A) 911.—The term ‘‘911’’ means a service that allows a user, by dialing the three-digit code 911, to call a geographically appropriate PSAP operated by a State, local government, Indian tribe, or authorized entity.

(B) E–911.—The term ‘‘E–911’’ means a 911 service that automatically delivers the 911 call to the geographically appropriate PSAP, and provides automatic identification data, including the originating number of an emergency call, the physical location of the caller, and the capability for the PSAP to call the user back if the call is disconnected.

(b) COMMON TERMINOLOGY.—Except as otherwise provided in subsection (a), terms used in this Act have the meanings provided under section 3 of the 1934 Act (47 U.S.C. 153) and section 602 of the 1934 Act (47 U.S.C. 522).

SEC. 3. PURPOSES/PRINCIPLES/FINDINGS.

[to be determined]

TITLE I—BROADBAND INTERNET

TRANSMISSION SERVICES

SEC. 101. JURISDICTION.

(a) IN GENERAL.—Except as expressly provided in this Act, and notwithstanding the 1934 Act (47 U.S.C. 151 et seq.) or any other provision of law, neither the Commission nor any State or political subdivision thereof may establish or enforce any law, rule, regulation, or other provision having the force of law that—

(1) regulates, or requires the approval by the Commission or such State or subdivision of, the rates, charges, terms, or conditions for, or entry into the provision of, any broadband Internet transmission service; or

(2) imposes any such regulation or requirement on any BITS provider that is registered under section 102 of this Act.

(b) EXCLUSIVE FEDERAL JURISDICTION.— Broadband Internet transmission services are interstate services and are subject to exclusive Federal jurisdiction, except as otherwise expressly provided in this Act.

(c) PUBLIC RIGHTS-OF-WAY.—Nothing in this section affects the authority of a State or local government to manage the public rights-of-way or to require fair and reasonable compensation from a BITS provider or BIT provider, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government.

(d) SPECTRUM AUTHORITY.—Notwithstanding subsection (a), this Act does not affect the authority of the Commission under title III of the 1934 Act (47 U.S.C. 301 et seq.) with respect to the licensing of radio communications, except as expressly provided by this Act.

SEC. 102. REGISTRATION OF BITS PROVIDERS.

(a) FEDERAL AND STATE REGISTRATION.—

(1) REGISTRATION REQUIRED.—Any BITS provider offering BITS in any State shall file a BITS registration statement, and any substantive amendments thereto, with the Commission, and file a complete copy of such statement and amendments with the State commission of such State.

(2) PROHIBITION ON SERVICE PENDING REGISTRATION.—Subject to paragraph (3), no BITS provider may offer BITS until such provider’s registration statement has become effective in accordance with subsection (c).

(3) TRANSITION.—If a provider was offering BITS prior to the date of enactment of this Act, the Commission shall, in order to provide for a reasonable transition period, provide a temporary waiver of the prohibition in paragraph (2) during which such provider may offer such service prior to the effective date of the provider’s registration statement.

(b) FEDERAL FORM.—A BITS registration statement shall be in such form, contain such information, and be submitted at such time as the Commission shall require by regulation, after consultation with State commissions.

(c) EFFECTIVENESS OF REGISTRATION.—

(1) NOTICE OF FILING.—No BITS registration statement or any substantial amendment thereof filed with the Commission under this section shall be effective earlier than 30 days following issuance of public notice by the Commission of the acceptance for filing of such registration statement or substantial amendment.

(2) FAILURE TO SUPPLY INFORMATION.—The Commission may disapprove a BITS registration statement that the Commission determines fails to comply with the requirements of the Commission under subsection (b).

(3) OTHER GROUNDS FOR DISAPPROVAL.—The Commission may disapprove a BITS registration statement if—

(A) the BITS provider or any of its officers has violated Commission rules, Federal or State law, or has a notice of apparent liability pending at the Commission; and

(B) the Commission determines that the BITS provider’s offering of BITS would harm consumers.

SEC. 103. INTERCONNECTION.

Each BITS provider has the right and duty to interconnect and exchange traffic with other requesting BITS providers, BIT providers, and telecommunications carriers.

SEC. 104. ACCESS TO BITS.

(a) DUTIES OF PROVIDERS.—Subject to subsection (b), each BITS provider has the duty—

(1) to provide subscribers with access to lawful content, applications, and services provided over the Internet, and not to block, impair, or interfere with the offering of, access to, or the use of such content, applications, or services;

(2) to permit subscribers to connect and use devices of their choosing in connection with BITS; and

(3) not to install network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to section 106 of this Act.

(b) PRESERVED AUTHORITIES.—Paragraphs (1) and (2) of subsection (a) do not preclude a BITS provider from—

(1) offering service plans to subscribers that involve varied and reasonable bandwidth or network capacity limitations, or include other value-added consumer protection services, including software for the prevention of unsolicited commercial electronic messages, parental controls, or other similar capabilities;

(2) taking reasonable measures to—

(A) protect the security and integrity of its network and broadband Internet transmission services; or

(B) prevent theft of BITS or other unlawful conduct; or

(3) carrying or offering—

(A) a broadband video service pursuant to title III, or

(B) any other premium service that requires managing the capabilities of a BITS provider’s network to provide enhanced quality of service to subscribers, except that such carrying or offering of such services may not block, or unreasonably impair or interfere with, the offering of, access to, or the use of lawful content, applications, and services provided over the Internet, and may not unreasonably restrict the right of subscribers under subsection (a)(2) to connect and use devices.

SEC. 105. TREATMENT AS A TELECOMMUNICATIONS CARRIER FOR CERTAIN PURPOSES.

A person that is a BITS provider or a BIT provider and that is also a telecommunications carrier shall—

(1) for the purpose of paragraphs (3) and (6) of section 251(c) of the 1934 Act, continue to have the same rights regarding access to unbundled network elements and colocation as a telecommunications carrier providing a telecommunications service; and

(2) continue to exercise that person’s rights under special access tariffs; without regard to such person’s status as a BITS provider or BIT provider under this Act.

SEC. 106. COORDINATION FOR INTERCONNECTIVITY.

The Commission—

(1) shall establish procedures for Commission oversight of coordinated BITS network planning by BITS providers, and the interconnectivity of devices (including devices from unaffiliated providers) with such networks, for the effective and efficient interconnection of BITS providers’ networks; and

(2) may participate in the development by appropriate industry standards-setting organizations of BITS network interconnectivity standards that promote interconnection with—

(A) BIT and BITS networks; and

(B) network capabilities and services by individuals with disabilities.

TITLE II—VOIP SERVICES

SEC. 201. JURISDICTION.

(a) IN GENERAL.—Except as expressly provided in this Act, and notwithstanding the 1934 Act (47 U.S.C. 151 et seq.) or any other provision of law, neither the Commission nor any State or political subdivision thereof may establish or enforce any law, rule, regulation, or other provision having the force of law that—

(1) regulates, or requires the approval by the Commission or such State or subdivision of, the rates, charges, terms, or conditions for, or entry into the provision of, any VOIP service; or

(2) imposes any such regulation or requirement on any VOIP service provider that is registered under section 202 of this Act.

(b) EXCLUSIVE INTERSTATE JURISDICTION.—VOIP services are interstate services and are subject to exclusive Federal jurisdiction, except as otherwise expressly provided in this Act.

SEC. 202. REGISTRATION OF VOIP SERVICE PROVIDERS.

(a) FEDERAL AND STATE REGISTRATION.—

(1) REGISTRATION REQUIRED.—Any VOIP service provider offering VOIP service in any State shall file a VOIP service registration statement, and any substantive amendments thereto, with the Commission, and file a complete copy of such statement and amendments with the State commission of such State.

(2) PROHIBITION ON SERVICE PENDING REGISTRATION.—Subject to paragraph (3), no VOIP service provider may offer VOIP service until such provider’s registration statement has become effective in accordance with subsection (c).

(3) TRANSITION.—If a provider was offering VOIP service prior to the date of enactment of this Act, the Commission shall, in order to provide for a reasonable transition period, provide a temporary waiver of the prohibition in paragraph (2) during which such provider may offer such service prior to the effective date of the provider’s registration statement.

(b) FEDERAL FORM.—A VOIP service registration statement shall be in such form, contain such information, and be submitted at such time as the Commission shall require by regulation, after consultation with State commissions.

(c) EFFECTIVENESS OF REGISTRATION.—

(1) NOTICE OF FILING.—No VOIP service registration statement or any substantial amendment thereof filed with the Commission under this section shall be effective earlier than 30 days following issuance of public notice by the Commission of the acceptance for filing of such registration statement or substantial amendment.

(2) FAILURE TO SUPPLY INFORMATION.—The Commission may disapprove a VOIP service registration statement that the Commission determines fails to comply with the requirements of the Commission under subsection (b).

(3) OTHER GROUNDS FOR DISAPPROVAL.—The Commission may disapprove a VOIP service registration statement if—

(A) the VOIP service provider or any its officers has violated Commission rules, Federal or State law, or has a notice of apparent liability pending at the Commission; and

(B) the Commission determines that the VOIP service provider’s offering of a VOIP service would harm consumers.

SEC. 203. EXCHANGE OF TRAFFIC.

(a) EXCHANGE OF TRAFFIC REQUIRED.—Each VOIP service provider shall have the right and duty to exchange voice communications traffic with other VOIP service providers and telecommunications carriers.

(b) COMPENSATION.—

(1) COMPENSATION REQUIRED.—A VOIP service provider shall enter into a reciprocal compensation agreement with a telecommunications carrier with which the VOIP service provider exchanges traffic for compensation for the costs of transport and termination of voice communications traffic.

(2) COMMISSION AUTHORITY.—The Commission shall promulgate regulations that determine the reasonable rate for such reciprocal compensation. The Commission shall create a unified compensation regime in which the same methodology and factors for determining such rate shall apply.

(3) BILL-AND-KEEP PERMITTED.—This subsection shall not be construed to preclude arrangements that afford the mutual recovery of costs through the offsetting of reciprocal obligations, including arrangements that waive mutual recovery (such as bill-and-keep arrangements).

SEC. 204. MEDIATION, ARBITRATION, AND DISPUTE RESOLUTION.

(a) NEGOTIATION AND MEDIATION.—

(1) VOLUNTARY NEGOTIATIONS.—A telecommunications carrier and a VOIP service provider shall negotiate in good faith for the purpose of entering into a binding agreement with respect to the exchange of voice communications traffic. If an agreement is reached, the agreement shall be submitted to the Commission and to the State commission of each State within which such exchange of traffic will occur.

(2) MEDIATION.—Any party negotiating an agreement under this section may, if the parties reach an impasse after negotiating in good faith for not less than 30 days, ask the Commission to mediate any differences arising in the course of the negotiation, except that if the differences relate to the exchange of traffic in a single State, such request may be made to the State commission of that State. Any recommendation by the Commission or a State commission under this paragraph shall not be binding on either party.

(b) AGREEMENTS ARRIVED AT THROUGH COMPULSORY ARBITRATION.—

(1) ARBITRATION.—After 90 days after the date on which a telecommunications carrier or VOIP service provider receives a request for negotiation under this section, the telecommunications carrier or VOIP service provider may petition the Commission to arbitrate any unresolved issues, except that—

(A) if the differences relate to the exchange of traffic in a single State, such request may be made to the State commission of that State (hereafter in this section referred to as the ‘‘appropriate State commission’’); but

(B) any decision reached by a State commission may be appealed to the Commission by either party.

(2) OPPORTUNITY TO RESPOND.—A non-petitioning party to an arbitration under this section may respond to the other party’s petition and provide such additional information as it wishes within 14 days after the petition is filed.

(3) ACTION.—

(A) The Commission or any appropriate State commission with which a petition is filed shall limit its consideration of any petition under paragraph (1) (and any response thereto) to the issues that are directly related to the exchange of voice communications traffic and that are set forth in the petition and in the response, if any, filed under paragraph (2).

(B) The Commission or any appropriate State commission with which a petition is filed may require the petitioning party and the responding party to provide such information as may be necessary to reach a decision on the unresolved issues. If any party refuses or fails unreasonably to respond on a timely basis to any reasonable request from the Commission or any appropriate State commission, then the Commission or appropriate State commission may proceed on the basis of the best information available to it from whatever source derived.

(C) The Commission or any appropriate State commission with which a petition is filed shall resolve each issue set forth in the petition and the response, if any, and shall conclude, not later than 90 days after the date on which the Commission or appropriate State commission received the petition under paragraph (1), the resolution of any unresolved issues that are directly related to the exchange of voice communications traffic.

(4) REFUSAL TO NEGOTIATE.—The refusal of any party to the negotiation to participate further in the negotiations, to cooperate with the Commission or any appropriate State commission with which a petition is filed in carrying out its function as an arbitrator, or to continue to negotiate in good faith in the presence, or with the assistance, of the Commission or any appropriate State commission with which a petition is filed shall be considered a failure to negotiate in good faith.

(c) COMMISSION TO ACT IF STATE WILL NOT ACT.— If a State commission fails to act to carry out its responsibility under this section, then the Commission shall issue an order preempting the State commission’s jurisdiction of that proceeding within 60 days after being notified (or taking notice) of such failure, and shall assume the responsibility of the State commission under this section with respect to the proceeding and act for the State commission.

(d) FILING REQUIRED.—Any agreement adopted by negotiation or arbitration shall be submitted to the Commission and any appropriate State commission within 10 days of completion. The Commission and each State commission shall make a copy of each agreement available for public inspection and copying within 10 days after receiving such agreement. The State commission may charge a reasonable and nondiscriminatory fee to the parties to the agreement or to the party filing the statement to cover the costs of filing such agreement.

SEC. 205. EMERGENCY SERVICES.

(a) 911 AND E–911 SERVICES.—Each VOIP provider has a duty to ensure that 911 and E–911 services are provided to subscribers of VOIP services in accordance with regulations prescribed by the Commission. Such regulations shall take into consideration available industry technological and operational standards.

(b) NON-DISCRIMINATORY ACCESS TO CAPABILITIES.—Each entity with ownership or control of the necessary E–911 infrastructure shall provide any requesting VOIP service provider with nondiscriminatory access to such infrastructure. Such entity shall provide access to the infrastructure at just and reasonable, nondiscriminatory rates, terms, and conditions as determined by the Commission. In determining such access terms and conditions, the Commission shall take into consideration appropriate industry standards established by applicable industry standard-setting organizations.

(c) STATE AUTHORITY.—Nothing in this Act, the 1934 Act, or any Commission regulation or order shall prevent the imposition on or collection from a VOIP service provider, of any fee or charge specifically designated or presented as dedicated by a State, political subdivision thereof, or Indian tribe on an equitable, and nondiscriminatory basis for the support of 911 and E–911 services if no portion of the revenue derived from such fee or charge is obligated or expended for any purpose other than support of 911 and E–911 services or enhancements of such services.

(d) FEASIBILITY.—In establishing requirements or obligations under subsections (a) and (b), the Commission shall ensure that such standards impose requirements or obligations on providers of VOIP service and entities with ownership or control of necessary E–911 infrastructure that the Commission determines are technologically and operationally feasible.

(e) SUBSCRIBER NOTICE.—A portable VOIP service provider, and any other VOIP service provider that is determined by the Commission to not be technologically capable of providing 911 and E–911 services, shall provide a clear and conspicuous notice of the unavailability of such services to each subscriber at the time of entering into a contract for VOIP service with that subscriber.

(f) PORTABLE VOIP SERVICES.—

(1) LOCATION-BASED SOLUTION REQUIRED TO EXTENT FEASIBLE.—The Commission shall require by regulation that providers of a portable VOIP service provide 911 and E–911 service to the extent technologically and operationally feasible.

(2) PROCEEDING REQUIRED.—Within 270 days after the date of enactment of this Act, the Commission shall complete a proceeding concerning the technical and operational feasibility of the provision of location information to PSAPs by providers of portable VOIP services.

(3) PROGRESS REPORTS.—To the extent that the initial proceeding conducted by the Commission under paragraph (2) concludes that it is not technologically and operationally feasible for the providers of a portable VOIP service to provide location information to PSAPs, then the Commission shall submit reports to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress in attaining and deploying technology for such a location-based solution to the provision of 911 and E–911 service to portable VOIP service subscribers. Such reports shall be submitted quarterly for each of the first 2 quarters after the conclusion of such proceeding, and shall be submitted semiannually thereafter until the Commission concludes that providing location information to PSAPs for portable VOIP services is technologically and operationally feasible. Such reports may include any recommendations the Commission considers appropriate to encourage the migration of emergency services to TCP/IP protocol or other advanced services.

(g) ACCESS TO INFORMATION.—The Commission shall have the authority to compile a list of PSAP contact information, testing procedures, and classes and types of services supported by PSAPs, or other information concerning the necessary E–911 infrastructure, for the purpose of assisting providers in complying with the requirements of this section.

SEC. 206. REVISION OF UNIVERSAL SERVICE REQUIREMENTS.

(a) INQUIRY REQUIRED.—Within one month after the date of enactment of this Act, the Commission shall initiate an inquiry to determine if, as subscribers migrate from telecommunications services to VOIP services, the contribution base used to support universal service should be expanded to include VOIP service providers to ensure that contributions to the universal service support mechanisms are being made in an equitable and nondiscriminatory manner. The Commission shall complete such inquiry within 180 days after such date of enactment.

(b) COMMISSION RULEMAKING.—If at the conclusion of such inquiry the Commission determines that the contribution base must be expanded to ensure that contributions to the universal service support mechanisms are equitable and nondiscriminatory, the Commission shall conduct a proceeding, in consultation with the Federal-State Joint Board on Universal Service, to revise the universal service support mechanisms to impose contribution requirements on VOIP service providers that are equitable and nondiscriminatory, and that are specific, predictable, and sufficient to achieve the purposes of universal service.

(c) DEADLINE.—If the Commission initiates a rulemaking under subsection (b), the Commission shall implement changes to its universal service support mechanism regulations within 180 days after the conclusion of the inquiry required by subsection (a).

SEC. 207. NUMBER PORTABILITY.

A subscriber to VOIP services and a prospective subscriber to such service shall be accorded a right to number portability in accordance with regulations prescribed by the Commission.

SEC. 208. PROVISION OF RELAY SERVICE.

(a) AVAILABILITY OF RELAY SERVICES.—The Commission shall ensure that relay services are available to VOIP service subscribers who have a hearing or speech disability, to the extent possible and in the most efficient manner.

(b) PROVISION OF SERVICES.—A VOIP service provider shall, not later than 18 months after the date of enactment of this Act, provide relay services throughout the area in which it offers VOIP service, either individually, through a competitively selected vendor, or in concert with other service providers, in accordance with regulations prescribed by the Commission under this section. Each provider of relay services has the duty not to restrict users of text, voice, video, or other relay services to a single relay provider, either contractually or technically.

(c) RULEMAKING.—Within 6 months after the date of enactment of this Act, the Commission shall prescribe regulations to implement this section. With respect to relay services relied upon by VOIP service providers to meet the requirements of this section, such regulations shall—

(1) establish functional requirements, guidelines, and operating procedures for such relay services;

(2) establish minimum standards for such relay services;

(3) require that such relay services operate every day, for 24 hours per day;

(4) ensure that users of such relay services pay no more than functionally equivalent services;

(5) prohibit operators of such relay services from refusing, limiting, or unreasonably restraining calls;

(6) prohibit operators of such relay services from disclosing the content of any relayed conversation;

(7) prohibit operators of such relay services from intentionally altering a relayed conversation; and

(8) develop enforcement and expedited complaint procedures.

(d) TECHNOLOGY.—The Commission shall ensure that regulations prescribed to implement this section encourage the use of new technology and do not discourage or impair the development of improved technology.

(e) SAVINGS CLAUSE.—Nothing in this Act shall affect the authority of a State to continue a State-operated relay program that is certified under section 225(f) of the 1934 Act, regardless of the method of relay transmission.

(f) DEFINITION.—For purposes of this section, the term ‘‘relay service’’ means a transmission service that provides the ability for an individual who has a hearing or speech disability to engage in text, voice, or video communication by wire or radio with other individuals in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using voice communication services by wire or radio.

TITLE III—VIDEO SERVICES

SEC. 301. JURISDICTION.

(a) IN GENERAL.—Except as expressly provided in this Act, and notwithstanding the Communications Act of 1934 (47 U.S.C. 151 et seq.) or any other provision of law, neither the Commission nor any State or political subdivision thereof may establish or enforce any law, rule, regulation, or other provision having the force of law that—

(1) regulates, or requires the approval by the Commission or such State or subdivision of, the rates, charges, terms, or conditions for, or entry into the provision of, any broadband video service; or

(2) imposes any such regulation or requirement on any broadband video service provider that is registered under section 302 of this Act.

(b) EXCLUSIVE FEDERAL JURISDICTION.— Broadband video services are interstate services and are subject to exclusive Federal jurisdiction, except as otherwise expressly provided in this Act.

SEC. 302. REGISTRATION OF BROADBAND VIDEO SERVICE PROVIDERS.

(a) FEDERAL AND STATE REGISTRATION.—

(1) REGISTRATION REQUIRED.—Any broadband video service provider offering broadband video service in any State shall—

(A) file a broadband video service provider registration statement, and any substantive amendment thereto, with the Commission; and

(B) on the same day, file a complete copy of such statement and amendment with the State commission of such State and with each local franchising authority within whose local franchise area such statement or amendment proposes to provide broadband video service (in this section referred to as the ‘‘appropriate State commission and local franchising authority’’).

(2) PROHIBITION ON SERVICE PENDING REGISTRATION.—Subject to paragraph (3), no broadband video service provider shall be permitted to offer broadband video service in any State or local franchise area until such provider’s registration statement has become effective with respect to such State or franchise area in accordance with subsection (c).

(3) TRANSITION.—If a provider was offering a broadband video service in such State or local franchise area prior to the date of enactment of this Act, the Commission shall, in order to provide for a reasonable transition period, provide a temporary waiver of the prohibition in paragraph (2) during which such provider may offer such service prior to the effective date of the provider’s registration statement.

(b) FEDERAL FORM.—A broadband video service provider registration statement shall be in such form, contain such information, and be submitted at such time as the Commission shall require by regulation, in consultation with State commissions and local franchising authorities.

(c) EFFECTIVENESS OF REGISTRATION.—

(1) NOTICE OF FILING.—A broadband video service provider registration statement or any substantial amendment thereof filed with the Commission under this section shall, unless disapproved by the Commission, be effective 30 days following issuance of public notice by the Commission of the acceptance for filing of such registration statement or substantial amendment thereto. The Commission shall—

(A) notify each appropriate State commission of the taking effect of such statement or amendment under this paragraph with respect to such State; and

(B) notify each appropriate local franchising authority of the taking effect of such statement or amendment under this paragraph with respect to the franchise area of such authority.

(2) FAILURE TO SUPPLY INFORMATION.—The Commission may disapprove a broadband video service provider registration statement that the Commission determines fails to comply with the requirements of the Commission under subsection (b).

(3) OTHER GROUNDS FOR DISAPPROVAL.—The Commission may disapprove a broadband video service provider’s registration statement if—

(A) the broadband video service provider or any of it officers has violated Commission rules, Federal or State law, or has a notice of apparent liability pending at the Commission; and

(B) the Commission determines that such broadband video service provider’s offering of broadband video service would harm consumers.

SEC. 303. BROADBAND VIDEO SERVICE FRANCHISING.

(a) COMMENCEMENT AND DURATION OF FRANCHISE.—

(1) IN GENERAL.—If the Commission has, under section 302(c)(1)(B) of this Act, notified a local franchising authority that a broadband video service provider registration statement, or a substantial amendment thereto, has become effective with respect to the local franchise area of such franchising authority, the broadband video service provider’s franchise in that local franchise area shall commence 15 days after the local franchising authority’s receipt of—

(A) any franchise bond payments required under subsection (d);

(B) a statement by the provider agreeing to any public, educational, and governmental use designated by the local franchising authority under section 304(b) of this Act; and

(C) a designation by such provider of a local agent.

(2) ABSENCE OF LOCAL FRANCHISING AUTHORITY.—If the broadband video service provider is seeking to provide broadband video service in an area in which there is no local franchising authority, the franchise under this section shall commence 15 days after the receipt by the State commission of the State in which the broadband service provider is seeking to commence service of—

(A) a notice under section 302(c)(1) of this Act from the Commission that the broadband video service provider registration statement, or amendment thereto, has taken effect; and

(B) a designation by such provider of a local agent.

(3) DURATION, RENEWAL, TERMINATION, AND TRANSFER OF FRANCHISE.—The Commission shall by regulation—

(A) set a uniform term of duration for broadband video service provider franchises under this section; and

(B) consistent with the requirements of this title, establish procedures for the renewal, termination, and transfer of franchises under this section.

(b) FRANCHISE FEE.—

(1) ASSESSMENT BY LOCAL FRANCHISING AUTHORITY PERMITTED.—A local franchising authority may assess a franchise fee on a broadband video service provider for the provision of broadband video service within the local franchise area.

(2) AMOUNT.—For any 12-month period, such franchise fee shall not exceed 5 percent of such broadband video service provider’s gross revenues derived in such period from the provision of broadband video service to subscribers in such local franchise area. Nothing in this subsection shall prohibit a local franchising authority from requiring that the franchise fee which lawfully could be collected for any such 12-month period shall be paid on a prepaid or deferred basis, except that the sum of payments made during the term of the franchise may not exceed the amount, including the time value of money, which would have lawfully been collected if such fee had been paid per year.

(3) DISCLOSURE OF BASIS.—The Commission shall by regulation require a broadband video service provider to provide a statement with each payment to a franchise authority under this subsection stating the amount of the fee and the basis for the calculation of such amount.

(4) DEFINITION OF GROSS REVENUES.—For purposes of this subsection, the term ‘‘gross revenues’’ means all consideration of any kind or nature, including (without limitation) cash, credits, property, and in-kind contributions (services or goods) derived by the broadband video service provider from the operation of the broadband video service in such local franchising area, but does not include—

(A) any revenue not actually received, even if billed, such as bad debt; or

(B) refunds, rebates or discounts to subscribers, public institutions, or governmental entities.

(c) MANAGEMENT OF RIGHTS-OF-WAY.—

(1) USE OF RIGHTS-OF-WAYS AND EASEMENTS.—Any franchise under this section shall be construed to authorize the construction and operation over public rights-of-way, and through easements, of a broadband video service within the area to be served by the broadband video service provider, except that, in using such rights-of-way and easements, the broadband video service provider shall ensure that—

(A) the safety, functioning, and appearance of the property and the convenience and the safety of other persons not be adversely affected by the installation or construction of facilities necessary for a broadband video service;

(B) the cost of the installation, construction, operation, or removal of such facilities be borne by the broadband video service provider or subscriber, or a combination of both; and

(C) the owner of the property be justly compensated by the broadband video service provider for any damages caused by the installation, construction, operation, or removal of such facilities by the broadband video service provider.

(2) PRESERVATION OF AUTHORITY.—Neither paragraph (1) of this subsection nor any other provision of this title shall be construed to prohibit a local franchising authority or other unit of State or local government—

(A) from enforcing the requirements of subparagraphs (A), (B), and (C) of paragraph (1); or

(B) from imposing reasonable restrictions on the time, place, and manner by which a broadband video service provider constructs, alters, or maintains facilities that use public rights-of-way and easements for the provision of broadband video service, as necessary for the purposes described in paragraph (1)(A).

(d) FRANCHISE BONDS, ETC.—In addition to any fees collected under subsection (b), a local franchise authority may require a broadband video service provider to obtain bonds, security funds, letters of credit, insurance, or indemnification, or to pay penalties or liquidated damages, to ensure compliance with this title, subject to Commission regulations.

(e) RESOLUTION OF DISPUTES.—The Commission shall resolve any dispute arising under this section within 90 days of filing of the dispute with the Commission.

SEC. 304. APPLICATION OF VIDEO REGULATIONS TO BROADBAND VIDEO SERVICE PROVIDERS.

(a) COMPARABLE REQUIREMENTS AND OBLIGATIONS.—Each of the following provisions of the 1934 Act, and the regulations under each such provision, that apply to a cable operator shall apply to a broadband video service provider under this title in accordance with regulations prescribed by the Commission to apply such provisions to such providers in a comparable manner:

(1) PROGRAM RATINGS.—Section 303(w)(2) (47 U.S.C. 303(w)(2)).

(2) FACILITIES FOR CANDIDATES FOR PUBLIC OFFICE.—Section 315 (47 U.S.C. 315).

(3) ANNOUNCEMENTS WITH RESPECT TO CERTAIN MATTER BROADCAST AND DISCLOSURE OF CERTAIN PAYMENTS.—Sections 317 (47 U.S.C. 317) and 507 (47 U.S.C. 507).

(4) RETRANSMISSION.—Section 325 (47 U.S.C. 325), and the following provisions of Commission regulations: 47 CFR 76.54 (significantly viewed signals) and 47 CFR 76.92–76.111 (network nonduplication, syndicated exclusivity, and sports blackout).

(5) OWNERSHIP.—Subsections (c), (f), and (h) of section 613 (47 U.S.C. 533(c), (f), (h)).

(6) CARRIAGE OF LOCAL COMMERCIAL AND NONCOMMERCIAL EDUCATIONAL TELEVISION SIGNALS.—Sections 614 and 615 (47 U.S.C. 534, 535).

(7) BASIC TIER.—Section 623(b)(7) (47 U.S.C. 543(b)(7)), except that rates for the basic tier shall not be regulated.

(8) BLOCKING AND SCRAMBLING OF CHANNELS.—Sections 624(d)(2) (47 U.S.C. 544(d)(2)) and 640 (47 U.S.C. 560).

(9) EMERGENCY ALERTS.—Section 624(g) (47 U.S.C. 544(g)).

(10) DISPOSITION OF WIRING AFTER TERMINATION OF SERVICE.—Section 624(i) (47 U.S.C. 544(i)).

(11) CONSUMER ELECTRONICS EQUIPMENT COMPATIBILITY AND COMPETITIVE AVAILABILITY OF NAVIGATION DEVICES.—Sections 624A (47 U.S.C. 544a) and 629 (47 U.S.C. 549).

(12) EQUAL EMPLOYMENT OPPORTUNITY.— Section 634 (47 U.S.C. 554).

(13) CLOSED CAPTIONING.—Sections 711 (47 U.S.C. 611) and 713 (47 U.S.C. 613).

(b) PUBLIC, EDUCATIONAL, OR GOVERNMENTAL USE.—

(1) REQUIREMENTS.—

(A) COMPARABILITY.—A local franchising authority may designate broadband video service provider capacity for public, educational, or governmental use in the local franchising area, so long as such use is comparable to the obligations the local franchising authority applies—

(i) to any cable operator in such local franchising area under section 611 of the 1934 Act (47 U.S.C. 531); and

(ii) to any other broadband video service provider in such area.

(B) LACK OF OTHER PROVIDERS.—The Commission shall provide by regulation for the designation of capacity in a local franchising area in which neither a cable operator nor another broadband video service provider are in operation.

(2) INSTITUTIONAL NETWORKS.—A local franchising authority may, under this subsection, designate or use broadband video service provider capacity for public, educational, or governmental use on any broadband video service provider institutional networks in the local franchising area, except that the Commission shall not require, or allow States, State commissions, or local franchising authorities to require, the construction by broadband video service providers of institutional networks. With respect to a broadband video service provider that was a cable operator, and that, as a condition of the cable franchise, agreed to provide an institutional network, nothing in this title shall be construed to relieve such provider of the obligation to provide such network. Notwithstanding any other provision of Federal or State law or any franchise agreement, a local franchising authority that required a person that was a cable operator to provide an institutional network shall continue to have the authority to require that person to provide such network.

(3) NO EDITORIAL CONTROL.—Neither the Commission nor the broadband video service provider shall exercise any editorial control over any public, educational, or governmental use provided pursuant to this subsection.

(4) DEFINITION.—For purposes of this subsection, ‘‘institutional network’’ means a communication network that is constructed or operated by a cable operator or broadband video service provider and that is generally available only to subscribers who are not residential subscribers.

(c) REDLINING.—The Commission shall ensure that a broadband video service provider does not deny access to its broadband video service to any group of potential residential broadband video service subscribers because of the income of that group. If the Commission determines that a broadband video service provider has denied access to its broadband video service to a group of potential residential broadband video service subscribers because of the income of that group, the Commission shall ensure that the broadband video service provider extends access to that group.

[(d) BUILD OUT.—To be determined]

(e) DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING DISTRIBUTION.—

(1) APPLICATION OF RIGHTS.—Broadband video service providers shall have comparable rights to those granted multichannel video programming distributors under section 628 of the 1934 Act (47 U.S.C. 548).

(2) APPLICATION OF REQUIREMENTS.—The requirements that apply to cable operators under section 628 of the 1934 Act (47 U.S.C. 548) shall also apply to broadband video service providers in accordance with regulations prescribed by the Commission to apply requirements to such providers in a comparable manner.

(f) NAVIGATIONAL DEVICE NEUTRALITY.—The Commission shall by regulation prohibit a broadband video service provider from omitting television broadcast stations or other unaffiliated video programming services carried on such system from any navigational device, guide, or menu.

SEC. 305. REGULATION OF CARRIAGE AGREEMENTS.

(a) REGULATIONS REQUIRED.—The Commission shall establish regulations designed to prevent—

(1) a broadband video service provider from requiring a financial interest in a program service as a condition for carriage;

(2) a broadband video service provider from coercing a video programming vendor to provide, and from retaliating against such a vendor for failing to provide, exclusive rights against other broadband video service providers or multichannel video programming distributors as a condition of carriage; and

(3) a broadband video service provider from engaging in conduct the effect of which is to unreasonably restrain the ability of an unaffiliated video programming vendor to compete fairly by discriminating in video programming distribution on the basis of affiliation or nonaffiliation of vendors in the selection, terms, or conditions for carriage of video programming provided by such vendors.

(b) EXPEDITED REVIEW.—The Commission shall provide for expedited review of any complaints made by a video programming vendor pursuant to this section.

(c) DEFINITION.—As used in this section, the term ‘‘video programming vendor’’ means a person engaged in the production, creation, or wholesale distribution of video programming for sale.

SEC. 306. IMPLEMENTATION.

Within 90 days after the date of enactment of this Act, the Commission shall complete all actions necessary (including any reconsideration) to implement sections 302 and 303 of this Act.

TITLE IV—GENERAL PROVISIONS

SEC. 401. REGULATIONS; AVAILABILITY OF REGISTRATION STATEMENTS.

(a) REGULATIONS.—

(1) REGULATIONS AS NECESSARY TO IMPLEMENT.—The Commission shall prescribe such regulations as are necessary to implement this Act.

(2) DEADLINE.—Except as otherwise expressly provided in this Act, the Commission shall take all actions necessary (including any reconsideration) to prescribe the regulations required by paragraph (1) within 180 days after the date of enactment of this Act.

(b) PUBLIC AVAILABILITY OF REGISTRATION STATEMENTS.—The Commission shall provide for the continuous public availability on the Commission’s Internet website or other electronic facility of all registration statements, and amendments thereto, filed under this Act.

SEC. 402. NATIONAL CONSUMER PROTECTION STANDARDS.

(a) NATIONAL STANDARDS REQUIRED.—The Commission shall by rule establish national consumer protection standards with respect to BITS, VOIP services, and broadband video services, individually or collectively. Such standards shall—

(1) require clear, conspicuous, and timely disclosure of rates, terms, and conditions of service plans (and changes therein), including program lineup changes and rate changes, and may require disclosure of promotional, geographical, time-of-day, or other limitations;

(2) require accurate, complete, clear, and simple statements of the charges for services, and may establish requirements for itemization, refunds, customer service contacts, late fees, determination of when charges accrue, and liability for theft or loss;

(3) prohibit charges for any service or equipment that the subscriber has not affirmatively requested;

(4) establish service termination requirements and procedures, and may limit the penalties imposed on subscribers for early termination;

(5) establish customer service standards, including service appointments and responses to service interruptions and outages;

(6) require service providers to maintain subscriber records, including records of subscriber complaints and actions thereon;

(7) require service providers to establish subscriber dispute resolution mechanisms, including a requirement that the service provider provide a costfree domestic telephone mechanism for a subscriber to initiate an inquiry or dispute;

(8) prohibit the facsimile of unsolicited commercial advertisements to any person without the prior invitation or permission of that person;

(9) with respect to VOIP services, prohibit unwanted solicitations to any person without the prior invitation or permission of that person;

(10) prohibit the use of any equipment used for the provision of BITS, VOIP services, and broadband video services for obscene or indecent communication made—

(A) with the intent to annoy, abuse, threaten, or harass another person; or

(B) knowing that that the recipient is under 18 years of age; and

(11) protect consumers from unfair and deceptive practices.

(b) ADDITIONAL CONSUMER PROTECTION LAWS.—

(1) TELEPHONE HARASSMENT.—The prohibitions contained in section 223(a) of the 1934 Act (47 U.S.C. 223(a)) shall also apply to the use of any equipment used for the provision of BITS, VOIP services, and broadband video services, except that the penalties provided by such section shall not apply under this section.

(2) RESTRICTIONS ON USE OF TELEPHONE EQUIPMENT.—The provisions of section 227 of the 1934 Act (47 U.S.C. 227) that apply to a telephone call, a telephone solicitation, an automatic dialing system, or an unsolicited advertisement or facsimile advertisement shall apply to VOIP service and BITS under this Act, and persons retain the same rights and remedies for violations as permissible pursuant to section 227 of the 1934 Act.

(3) PAY-PER-CALL SERVICES.—The provisions of section 228 of the 1934 Act (47 U.S.C. 228) that—

(A) relate to pay-per-call services shall apply to such services offered over BITS, VOIP service, or broadband video service; and

(B) impose requirements on common carriers shall apply to BITS providers and VOIP providers.

(4) CAN-SPAM.—The provisions of the regulations under section 14 of the CAN-SPAM Act of 2003 (15 U.S.C. 7712) pertaining to unwanted mobile service messages shall apply to BITS providers and VOIP service providers.

(5) AUTHORITY FOR THE COMMISSION TO PRESCRIBE COMPARABLE REGULATIONS.—The Commission shall prescribe regulations to apply the provisions referenced in paragraphs (1) through (4) to providers of BITS, VOIP services, and broadband video services in manner comparable to their application to common carriers.

(c) STATE ENFORCEMENT OF NATIONAL CONSUMER PROTECTION STANDARDS.—A State commission may issue an order requiring compliance with the rules promulgated by the Commission under subsection (a), but a State commission may not create any new standard, or expand upon or modify the Commission’s standards. Unless appealed to the Commission, such an order of a State commission shall be enforced by the Commission under sections 411 and 414. Any such appeal shall be resolved by the Commission within 30 days after receipt of the appeal by the Commission. A State commission may charge a provider of service under this Act a nominal fee to cover the costs of issuing such orders.

SEC. 403. PROTECTION OF CONSUMER PRIVACY.

(a) CONSUMER NOTICE.—At the time of entering into an agreement to provide any service to a subscriber, and at least once a year thereafter, a service provider under this Act shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of—

(1) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information;

(2) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;

(3) the period during which such information will be maintained by such service provider;

(4) the times and place, or mechanism, by which the subscriber may have access to such information in accordance with subsection (d); and

(5) the limitations provided by this section with respect to the collection and disclosure of information by service provider under this Act and the right of the subscriber under subsection (e) to enforce such limitations.

(b) RESTRICTIONS ON COLLECTION OF INFORMATION.—

(1) CONSENT REQUIRED.—Except as provided in paragraph (2), a service provider under this Act shall not collect personally identifiable information concerning any subscriber without the prior, express written or electronic consent of the subscriber concerned. Such consent shall be in the form of an authorization separate and distinct from any authorization or agreement to receive any service from the service provider under this Act.

(2) EXCEPTIONS.—A service provider under this Act may collect personally identifiable information in order to—

(A) obtain information necessary to initiate, render, bill, or collect for any service provided by the service provider under this Act; or

(B) detect unauthorized use of such provider’s services.

(c) DISCLOSURE RESTRICTIONS.—

(1) CONSENT REQUIRED.—Except as provided in paragraph (2), a service provider under this Act shall not disclose personally identifiable information concerning any subscriber without the prior, express written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or such provider. Such consent shall be in the form of an authorization separate and distinct from any authorization or agreement to receive any service from such provider.

(2) EXCEPTIONS.—A service provider under this Act may disclose such information if the disclosure is—

(A) necessary to initiate, render, bill, or collect for any service provided by such provider;

(B) subject to subsection (f), made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; or

(C) a disclosure of the names and addresses of the subscriber to any service provided by the service provider under this Act, if—

(i) such provider has received the authorization described in paragraphs (1);

(ii) such provider has extended an opportunity to the subscriber to withdraw such authorization at any time; and

(iii) the disclosure does not reveal, directly or indirectly—

(I) the nature or extent of any use by the subscriber of the service or services provided by such provider; or

(II) the nature of any transaction made by the subscriber using and service provided by such provider.

(d) ACCESS BY SUBSCRIBER TO INFORMATION.—A subscriber shall be provided access to all personally identifiable information regarding such subscriber which is collected and maintained by the service provider under this Act. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such provider, or through a secure mechanism by which the subscriber may access such information electronically. A subscriber shall be provided a reasonable opportunity to correct any errors in such information.

(e) RIGHTS AND REMEDIES.—The provisions of subsections (f) and (h) of section 631 of the 1934 Act that apply to a cable operator shall apply to a provider of services under this Act.

(f) DESTRUCTION OF INFORMATION.—A service provider under this Act shall destroy all personally identifiable information collected if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (d) or pursuant to court order.

(g) PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION.—

(1) DUTY TO PROTECT INFORMATION.—Every service provider under this Act has a duty to protect the confidentiality of proprietary information of, and relating to, other service provider under this Act, telecommunications carriers, equipment manufacturers, and customers, including telecommunications carriers reselling telecommunications services provided by a telecommunications carrier.

(2) CONFIDENTIALITY OF CARRIER INFORMATION.—A service provider under this Act that receives or obtains proprietary information from another service provider under this Act, or telecommunications carrier for purposes of providing any service shall use such information only for such purpose, and shall not use such information for its own marketing efforts.

(3) CONFIDENTIALITY OF CUSTOMER PROPRIETARY NETWORK INFORMATION.—

(A) PRIVACY REQUIREMENTS.—Except as required by law or with the prior, express authorization of the customer, a service provider under this Act that receives or obtains customer proprietary network information by virtue of its provision of any service shall only use, disclose, or permit access to individually identifiable customer proprietary network information in its provision of—

(i) the service from which such information is derived; or

(ii) services necessary to, or used in, the provision of such service, including the publishing of directories.

(B) DISCLOSURE.—A service provider under this Act shall disclose customer proprietary network information, upon express written or electronic request by the customer to any person designated by the customer.

(C) AGGREGATE CUSTOMER INFORMATION.—A service provider under this Act that receives or obtains customer proprietary network information by virtue of its provision of any service may use, disclose, or permit access to aggregate customer information other than for the purposes described in subparagraph (A) only if it provides such aggregate data to other service providers under this Act, and telecommunications carriers or persons upon reasonable and nondiscriminatory terms and conditions upon reasonable request therefor.

(4) GENERAL EXCEPTIONS.—Nothing in this section prohibits a service provider under this Act from using, disclosing, or permitting access to customer proprietary network information obtained from its customers, either directly or indirectly through its agents—

(A) to initiate, render, bill, and collect for any service;

(B) to protect the rights or property of the service provider under this Act, or to protect users of services provided by such provider or other service providers under this Act, or telecommunications carriers from fraudulent, abusive, or unlawful use of, or subscription to any service;

(C) to provide any inbound telemarketing, referral, or administrative services to the customer for the duration of the call, if such call was initiated by the customer and the customer approves of the use of such information to provide such service; and

(D) to provide call location information concerning the user of portable VOIP service—

(i) to a PSAP, emergency medical service provider, or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility, in order to respond to the user’s call for emergency services;

(ii) to inform the user’s legal guardian or members of the user’s immediate family of the user’s location in an emergency situation that involves the risk of death or serious physical harm; or

(iii) to providers of information or database management services solely for purposes of assisting in the delivery of emergency services in response to an emergency.

(5) SUBSCRIBER LIST INFORMATION.— Notwithstanding paragraphs (1) through (5), a service provider under this Act that provides VOIP services and publishes, either directly or indirectly, subscriber list information in any format, shall provide subscriber list information gathered in its capacity as a provider of VOIP service on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request for the purpose of publishing directories in any format.

(6) AUTHORITY TO USE LOCATION INFORMATION.—For purposes of paragraph (3)(A), without the express prior authorization of the customer, a customer shall not be considered to have approved the use or disclosure of or access to call location information concerning the user of a portable VOIP service, other than in accordance with paragraph (4)(D).

(7) SUBSCRIBER LISTED AND UNLISTED INFORMATION FOR EMERGENCY SERVICES.— Notwithstanding paragraphs (1) through (5), a service provider under this Act that provides VOIP service shall provide information described in subsection (h)(10)(A) (including information pertaining to subscribers whose information is unlisted or unpublished) that is in its possession or control (including information pertaining to subscribers of other service provider under this Act or telecommunications carriers) on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions to providers of emergency services, and providers of emergency support services, solely for purposes of delivering or assisting in the delivery of emergency services.

(h) DEFINITIONS.—For the purposes of this section:

(1) AGGREGATE INFORMATION.—The term ‘‘ aggregate customer information’’ means collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed.

(2) ANY SERVICE.—The term ‘‘any service’’ includes any service provided using any of the facilities of a service provider under this Act.

(3) BITS PROVIDER.—The term ‘‘BITS provider’’ has the same meaning as defined in section 2, but also includes any person who—

(A) is owned or controlled by, or under common ownership or control with, a BITS provider; and

(B) provides BIT, BITS, VOIP service, or broadband video service.

(4) CUSTOMER PROPRIETARY NETWORK INFORMATION.—The term ‘‘customer proprietary network information’’ means—

(A) information that relates to the quantity, technical configuration, type, destination, location, and amount of use of BIT, BITS, VOIP service, or broadband video service subscribed to by any customer of a service provider under this Act, or a telecommunications carrier, and that is made available to the such provider or carrier by the customer solely by virtue of the provider-customer relationship; and

(B) information contained in the bills pertaining to BIT, BITS, VOIP service, or broadband video services received by a customer of a service provider under this Act, except that such term does not include subscriber list information.

(5) EMERGENCY NOTIFICATION SERVICES.—the term ‘‘emergency notification services’’ means services that notify the public of an emergency.

(6) EMERGENCY SERVICES.—The term ‘‘emergency services’’ means 9–1–1 emergency services and emergency notification services.

(7) EMERGENCY SUPPORT SERVICES.—The term ‘‘emergency support services’’ means information or database management services used in support of emergency services.

(8) PERSONALLY IDENTIFIABLE INFORMATION.—The term ‘‘personally identifiable information’’—

(A) means information that allows a living person to be identified individually;

(B) includes the first and last name of an individual, a home or physical address of an individual, date or place of birth, an email address, a telephone number, a Social Security number, a tax identification number, birth certificate number, passport number, driver’s license number, credit card number, bank card number, or any government-issued identification number; and

(C) does not include any record of aggregate data that does not permit the identification of particular persons.

(9) SERVICE PROVIDER UNDER THIS ACT.—The term ‘‘service provider under this Act’’ means a BIT provider, a BITS provider, a VOIP service provider, and a broadband video service provider.

(10) SUBSCRIBER LIST INFORMATION.—The term ‘‘subscriber list information’’ means any information—

(A) identifying the listed names of subscribers of a VOIP service provider and such subscribers’ telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses, or classifications; and

(B) that the VOIP service provider or an affiliate has published, caused to be published or accepted for publication in any directory format.

SEC. 404. ACCESS BY PERSONS WITH DISABILITIES.

(a) MANUFACTURING.—A manufacturer of equipment used for BIT, BITS, VOIP service, or broadband video service shall ensure that equipment designed, developed, or fabricated after the date of enactment of this Act is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, unless the manufacturer demonstrates that taking such steps would result in an undue burden.

(b) SERVICE PROVIDERS.—A BITS provider, VOIP service provider, or broadband video service provider shall ensure that the service it provides is accessible to and usable by individuals with disabilities, unless the provider demonstrates that taking such steps would result in an undue burden.

(c) COMPATIBILITY.—Whenever the requirements of subsections (a) or (b) constitute an undue burden, the manufacturer or provider shall ensure that the equipment or service is compatible with peripheral devices or specialized customer premises equipment widely used by individuals with disabilities to achieve access, unless the manufacturer or provider demonstrates that taking such steps would result in an undue burden.

(d) INTERCONNECTION AND INTEROPERABILITY.— Each BITS provider, VOIP service provider, and broadband video provider has the duty not to install network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to this section.

(e) PERSONS SUBJECT TO DUAL REQUIREMENTS.— Any person that is subject to the requirements of this section and section 255 of the 1934 Act with respect to the same service or equipment shall, after the effective date of the regulations required by subsection (f), be subject only to the requirements of this section with respect to such service or equipment and not to the requirements of such section 255. This subsection shall not apply with respect to equipment fabricated before the effective date of such regulations.

(f) REGULATIONS.—

(1) DEADLINE.—Within 1 year after the date of enactment of this Act, the Commission, in consultation with the Architectural and Transportation Barriers Compliance Board, shall prescribe such regulations as are necessary to implement this section.

(2) CONTENTS.—Such regulations shall—

(A) prohibit BITS, VOIP service, and broadband video service, any provider of that service, and the equipment used for any such service, from impairing or impeding any closedcaptioning or video description that has been incorporated into the content for transmission;

(B) require each BITS provider, VOIP service provider, and broadband video service provider to document steps taken to achieve access, including the provider’s efforts to consult with individuals with disabilities and descriptions of the accessibility features and compatibility of the provider’s products or services; and

(C) develop enforcement and expedited complaint procedures.

(3) REVIEW AND UPDATE.—The Commission shall review and if necessary update such regulations periodically and at least once every four years.

(g) REPORT.—Every four years after the date of enactment of this Act, the Commission shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate. Such report shall assess the level of compliance with this section and evaluate the extent to which any accessibility barriers still exist with respect to BITS, VOIP service, or broadband video service.

(h) DEFINITIONS.—For purposes of this section:

(1) DISABILITY.—The term ‘‘disability’’ has the meaning given such term by section 3(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C 12102(2)(A)).

(2) UNDUE BURDEN.—The term ‘‘undue burden’’ means significant difficulty or expense. In determining whether the requirements of this section would result in an undue burden, the factors to be considered include—

(A) the nature and cost of the steps required for the manufacturer or provider;

(B) the impact on the operation of the manufacturer or provider;

(C) the financial resources of the manufacturer or provider; and

(D) the type of operations of the manufacturer or provider.

SEC. 405. PROHIBITION ON BUYOUTS.

(a) ACQUISITIONS BY LEC–RELATED BITS AND BROADBAND VIDEO SERVICE PROVIDERS.—No BITS provider or broadband video service provider who is owned by, operated by, controlled by, or under common control with an entity that was a local exchange carrier in any area on the date of enactment of this section, or any affiliate or entity owned by, operated by, controlled by, or under common control with such BITS provider or broadband video service provider may purchase or otherwise acquire directly or indirectly more than a 10 percent financial interest, or any management interest, in any cable operator, BITS provider, or broadband video service provider who is owned by, operated by, controlled by, or under common control with an entity that was a cable operator on the date of enactment of this section and providing cable service within the local exchange carrier’s telephone service area.

(b) ACQUISITIONS BY CABLE-RELATED BITS AND BROADBAND VIDEO SERVICE PROVIDERS.—No BITS provider or broadband video service provider who is owned by, operated by, controlled by, or under common control with an entity that was a cable operator in any area on the date of enactment of this section, or any affiliate or entity owned by, operated by, controlled by, or under common control with such BITS provider or broadband video service provider, may purchase or otherwise acquire directly or indirectly more than a 10 percent financial interest, or any management interest, in any BITS provider, broadband video service provider, or local exchange carrier who is owned by, operated by, controlled by, or under common control with any entity that was a local exchange carrier on the date of enactment of this section and providing telephone exchange service within such cable operator’s franchise area.

(c) JOINT VENTURES.—A local exchange carrier and a cable operator, whose telephone service area and cable franchise area, respectively, are in the same market on the date of enactment of this section, nor any entity or entities owned by, operated by, controlled by or under common control with such entities, may not enter into any joint venture or partnership to provide BITS or broadband video service within such markets.

SEC. 406. RELIABILITY AND INTEGRITY.

The Commission shall take measures to ensure the reliability and integrity of BITS, VOIP services, and broadband video services.

SEC. 407. ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY.

(a) NONDISCRIMINATORY ACCESS.—A utility shall provide a BITS provider, BIT provider, or broadband video service provider with access to any pole, duct, conduit, or right-of-way owned or controlled by such utility that is nondiscriminatory as compared to access provided to any telecommunications carrier, cable operator, or other BITS provider, BIT provider, or broadband video service provider. A BITS provider, BIT provider, or broadband video service provider shall provide a cable television system, a telecommunications carrier, or any other BITS provider, BIT provider, or broadband video service provider with access to any pole, duct, conduit, or right-of-way owned or controlled by that provider that is nondiscriminatory as compared to access provided to any telecommunications carrier, cable operator, or other BITS provider, BIT provider, or broadband video service provider.

(b) CAPACITY EXCEPTION.—Notwithstanding paragraph (1), a utility providing electric service may deny a BITS provider or BIT provider access to its poles, ducts, conduits, or rights-of-way, on a nondiscriminatory basis where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.

(c) DEFINITIONS.—For purposes of this section, the terms ‘‘utility’’ and ‘‘telecommunications carrier’’ have the meanings provided in section 224(a) of the 1934 Act.

SEC. 408. STANDARD SETTING DELAYS.

The Commission may investigate and resolve disputes with respect to delays in standards-setting organizations’ approval on a timely basis of standards for equipment used in the provision, delivery, or use of services under this Act.

SEC. 409. GOVERNMENT AUTHORITY TO PROVIDE SERVICES.

(a) IN GENERAL.—Neither the 1934 Act nor any State statute, regulation, or other State legal requirement may prohibit or have the effect of prohibiting any public provider of BITS, VOIP services, or broadband video services from providing such services to any person or entity.

(b) COMPETITION NEUTRALITY.—Any State or political subdivision thereof, or any agency, authority, or instrumentality of a State or political subdivision thereof, that is, owns, controls, or is otherwise affiliated with a public provider of BITS, VOIP services, or broadband video services shall not grant any preference or advantage to any such provider. Such entity shall apply its ordinances, rules, and policies, including those relating to the use of public rights-of-way, permitting, performance bonding, and reporting without discrimination in favor of any such provider as compared to other providers of such services.

[(c) CROSS SUBSIDIZATION.—To be determined.]

(d) COMPLIANCE WITH OTHER LAWS NOT AFFECTED.—Nothing in this section shall exempt a public provider from any law or regulation that applies to providers of BITS, VOIP services, or broadband video services.

(e) DEFINITION OF PUBLIC PROVIDER.—For purposes of this section, the term ‘‘public provider’’ means a State or political subdivision thereof, or any agency, authority, or instrumentality of a State or political subdivision thereof, that provides BITS, a VOIP service, or a broadband video service, or any entity that is owned, controlled, or is otherwise affiliated with such State or political subdivision thereof, or agency, authority, or instrumentality of a State or political subdivision thereof.

SEC. 410. PRESERVATION OF EXISTING LAWS.

(a) IN GENERAL.—Nothing in this Act shall preempt the enforcement of any State law of general applicability, including those relating to theft, fraud, tax, law enforcement, or fair trade.

(b) EMERGENCY COMMUNICATIONS AUTHORITY.— Nothing in this Act shall be construed to restrict or otherwise affect the Commission’s jurisdiction and authority with respect to emergency communications systems, capabilities, and requirements, and the Commission shall have the jurisdiction and authority to take actions or issue regulation on providers of services under this Act with respect to emergency communications systems, capabilities, and requirements.

(c) FEES.—Nothing in this Act prohibits the Commission from imposing or collecting fees under sections 8 and 9 of the 1934 Act (47 U.S.C. 158, 159).

(d) FOREIGN OWNERSHIP OR CONTROL.—A registration statement under section 102, 202, or 302 of this Act shall be considered to be a station license for purposes of section 310 of the 1934 Act.

SEC. 411. COMPLAINTS TO THE COMMISSION.

(a) FILING AND ANSWERS.—Any person, State, State commission, franchising authority, or other instrumentality of a State or local government, may complain to the Commission of anything done or omitted to be done in violation of any duty, obligation, or requirement under this Act. The Commission shall forward the complaint to the relevant party who shall answer the complaint within a reasonable period of time and in a manner to be specified by the Commission.

(b) INVESTIGATION.—The Commission shall investigate the matters complained of and issue an order concluding such investigation within 6 months after the date on which the complaint was filed.

(c) MEDIATION OR ARBITRATION.—The Commission in its discretion may mediate or arbitrate any issue arising under such complaint.

(d) DAMAGES.—The Commission is authorized to issue an order directing a provider of services under this Act to pay the damages to a complaining party for a violation of this Act or the regulations thereunder.

SEC. 412. COMMISSION AUTHORITY OVER DOCUMENTS.

The Commission shall have authority to require the filing of any contract, agreement, or arrangement with any party, or any other data, documents or records, related to the provisions of this Act, including or any complaint filed under section 411.

SEC. 413. REVOCATION OF REGISTRATION.

(a) AUTHORITY TO REVOKE REGISTRATION.—The Commission may revoke a registration statement under section 102, 202, or 302—

(1) for false statements knowingly made in the registration statement or other materials filed with the Commission in connection with registration or renewal;

(2) because of conditions coming to the attention of the Commission for which the Commission would have disapproved of such registration statement; or

(3) for willful or repeated violations of, or willful or repeated omissions of, any duty, obligation, or requirement under this Act or any rule or regulation of the Commission authorized under this Act.

(b) PROCEDURE.—

(1) SHOW CAUSE ORDER.—Before revoking a registration under this Act, the Commission shall issue an order to the registered person to show cause why an order of revocation should not be issued which shall require the person to answer or appear (or both) before the Commission.

(2) REVOCATION ORDER.—If the Commission determines that an order of revocation should issue, it shall issue such order, which shall include a statement of the findings of the Commission and the grounds and reasons for the revocation.

(3) NOTICE TO OTHER AUTHORITIES.—The Commission shall notify the appropriate State commission of such revocation and, if such registration concerns a broadband video service provider, shall notify each local franchising authority for which such registration is effective, of such revocation.

SEC. 414. ADDITIONAL REMEDIES.

This Act shall be enforced by the Commission under titles IV and V of the 1934 Act (47 U.S.C. 401, 501 et seq.). A violation of any provision of this Act shall be treated as a violation of the 1934 Act, and a violation of a regulation issued under this Act shall be treated as a violation of a regulation issued under the 1934 Act.