Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(b) TABLE OF CONTENTS.—
(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 transmission 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 used, transmits packetized information to or from a subscriber 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;protocol;
(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;information in a packet-based protocol;
(C) may include Internet access services;
(D) does not include—
(i) include any time division multiplexing features, functions, and capabilities; or
(ii) the provision of any video programming package; and
(D)(E) does may be included or offered with, but shall not include customer premises equipment, inside wiring, be treated as subsumed in or mobile personal communications devices.subsuming, VOIP service or broadband video service.
(4) BITS PROVIDER.—The term ‘‘BITS provider’’ means any person who provides or offers to provide BITS, either directly or through an affiliate.affiliate, over facilities the service provider or its affiliate owns or controls.
(5) BROADBAND VIDEO SERVICE.—The term ‘‘broadband video service’’ means a two-way, interactive two-way 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 is offered in a real-time and subscriber customizable basis, manner that enables subscribers to integrate—
(i) a video programming package with package, with
(ii) customizable, interactive voice and data features, functions, or capabilities, which may include caller identification, call management, and capabilities; the ability to access information derived from the Internet; and
(C) integrates the capability to access Internet content of the subscriber’s choosing consistent with section 104 of this Act.may be included or offered with, but shall not be treated as subsumed in or subsuming, VOIP service or BITS.
(6) BROADBAND VIDEO SERVICE PROVIDER.—The PROVIDER.— The term ‘‘broadband video service provider’’ means any person that provides who 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 or its affiliate owns or controls.
(7) BUSINESS INFORMATION STATEMENT.—The term ‘‘business information statement’’ means, with respect to any provider of a service under this Act, a statement of—
(A) the name under which the provider is doing or intends to do business; and
(B) the location of the provider’s principal business office, and the name, address, and telephone and fax number of its agent in the State authorized to receive notice.
(7)(8) 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)(9) FRANCHISE 1 FEE.—The term ‘‘franchise fee’’—
(A) includes any fee or assessment of any kind or nature, including (without limitation) cash, credits, property and in-kind contributions (services or goods), 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
(i) any fee or assessment of general applicability (including any such fee or assessment imposed on utilities, cable operators, BITS providers, 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)(10) 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)(11) LOCAL FRANCHISE AREA.—The term ‘‘local franchise area’’ means the area within the jurisdiction of a local franchising authority.
(11)(12) 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 1 TRANSMISSION SERVICE.—The term ‘‘packet-switched service’’ transmission service’’—
(A) 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.units; but
(B) does not include circuit-switched forwarding of packetized information.
(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 is an end user of, and 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) VIDEO 1 PROGRAMMING PACKAGE.—The term ‘‘video programming package’’ means the offering of a package of video programming, as such term is defined in section 602 of the 1934 Act, whether transmitted in a one-way or two-way manner.
(19)(20) 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)(21) VOIP SERVICE.—The term ‘‘VOIP service’’—
(A) means a packet-switched voice communications service provided over BITS 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; andused;
(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 with—
(I) a telephone number under the North American Numbering Plan or Plan; or
(II) such other identification method as is designated by the Commission;Commission to be a significant alternative or successor to such Plan; and
(iii) assigns to the subscriber such a number or other identification method;
(B) may include integrated, enhanced features, functions, and capabilities; and
(C) does may be included or offered with, but shall not include a cable service be treated as subsumed in or a subsuming, BITS or broadband video service.
(21)(22) 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)(23) 1934 ACT.—The term ‘‘1934 Act’’ means the Communications Act of 1934 (47 U.S.C. 151 et seq.).
(23)(24) 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).
[to be determined]
TRANSMISSION SERVICES
(a) IN GENERAL.—Except as expressly provided in this Act, and notwithstanding the 1934 Act (47 U.S.C. 151 151 et seq.) 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)(c) 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.
(a) FEDERAL AND STATE REGISTRATION.—
(1)(a) REGISTRATION REQUIRED.—Any BITS provider offering BITS in any State shall file a BITS registration statement, and any substantive amendments thereto, statement in accordance with section 402 of this Act with the Commission, and file a complete copy of such statement and amendments with the State commission of such State.
(3) TRANSITION.—If a provider was offering BITS prior to
(b)(c) FEDERAL FORM.—A SUBSTANTIVE AMENDMENTS.—A BITS provider shall file any substantive amendments to its registration statement shall be in such form, contain such information, and be submitted at within such time period as the Commission shall require prescribe by regulation, after consultation with State commissions.regulation.
(c)(d) EFFECTIVENESS OF REGISTRATION.—
(1) NOTICE OF FILING.—No ACCESS TO RIGHTS-OF-WAY.—Subject to section 406 of this Act, registration as a BITS registration statement or any substantial amendment thereof filed with the Commission provider under this section with respect to any State shall be effective earlier than 30 days following issuance deemed to authorize the construction and operation of BITS over public notice by the Commission of the acceptance rights-of-way, and through easements that have been dedicated for filing of compatible uses, in such registration statement or substantial amendment.State.
(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.
Each(a) RIGHTS AND DUTIES.—Each BITS provider has the right and duty to interconnect and exchange traffic traffic, directly or indirectly, with other requesting BITS providers, BIT providers, and telecommunications carriers.
(b) NEGOTIATION.—The rates, terms, and conditions of such interconnection and exchange of traffic shall be negotiated by the parties, subject to the remedies provided by this Act.
(a) DUTIES OF PROVIDERS.—Subject to subsection (b), 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 any lawful content, applications, application, or services;service provided over the Internet;
(2) to permit subscribers to connect and use devices of their choosing in connection with BITS; BITS, including computers, home-networking equipment, and televisions; 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 AUTHORITIES.—Notwithstanding paragraphs (1) and (2) of subsection (a) do not preclude (a), a BITS provider from—is permitted to—
(1) offering offer service plans to subscribers subscribers—
(A) that involve varied and reasonable bandwidth or network capacity limitations, so long as subscribers are provided clear and accurate advance notice of the maximum and minimum levels of bandwidth or network capacity; or
(B) that include other value-added consumer protection services, including services (including software for the prevention of unsolicited commercial electronic messages, parental controls, or other similar capabilities), so long as subscribers are provided clear and accurate advance notice of the subscriber’s ability to refuse or disable any such value-added consumer protection capabilities;
(2) taking take reasonable measures to—
(A) protect the security and integrity reliability of its network and broadband Internet transmission services; or
(B) prevent theft of BITS or other unlawful conduct; or
(3) carrying carry or offering—
(A) offer a broadband video service pursuant to title III, or
(B) or any other premium service that requires managing the capabilities of a BITS provider’s network to provide provides enhanced quality of service to subscribers, subscribers through the BITS provider’s utilization of network and routing management or customized hardware, except that such carrying or offering of such services services—
(A) may not block, or unreasonably impair or interfere with, the offering of, access to, or the use of any lawful content, applications, and services application, or service provided over the Internet, and Internet; and
(B) may not unreasonably restrict the right of subscribers under subsection (a)(2) to connect and use devices.
A(a) person that is a BITS provider or a BIT provider and that is also a telecommunications carrier shall—
(1) for the purpose of ACCESS AND COLOCATION.—A telecommunication carrier’s rights under paragraphs (3) and (6) of section 251(c) of the 1934 Act, continue Act shall not, with respect to have a request by that carrier for the same rights regarding access to unbundled network elements and colocation as a telecommunications carrier purpose of providing a telecommunications service; andservice, be affected by such carrier’s status as a BITS provider or BIT provider under this Act.
(b) SPECIAL ACCESS TARIFFS.—No person’s rights to or under any special access tariff shall be affected—
(1) by such person’s status as a BITS provider or BIT provider under this Act; or
(2) continue to exercise that by the status of such person’s rights under provider of special access tariffs; without regard to such person’s status as a BITS provider or BIT provider under this Act.
(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) IN GENERAL.—Except as expressly provided in this Act, and notwithstanding the 1934 Act (47 U.S.C. 151 151 et seq.) 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.
(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, statement in accordance with section 402 of this Act with the Commission, and file a complete copy of such statement and amendments with the State commission of such State.
(3) TRANSITION.—If a provider was offering VOIP service prior to
(b)(c) FEDERAL FORM.—A SUBSTANTIVE AMENDMENTS.—A VOIP service provider shall file any substantive amendments to its registration statement shall be in such form, contain such information, and be submitted at within such time period as the Commission shall require prescribe by regulation, after consultation with State commissions.regulation.
(c)(d) EFFECTIVENESS OF REGISTRATION.—
(1) NOTICE OF FILING.—No VOIP service registration statement or any substantial amendment thereof filed with the REGULATIONS.—The Commission under shall prescribe such regulations as are necessary to implement 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.section.
(a) EXCHANGE OF TRAFFIC REQUIRED.—Each VOIP service provider shall have the right and duty to exchange voice communications traffic traffic, directly or indirectly, with other VOIP service providers and telecommunications carriers.
(1) COMPENSATION REQUIRED.—A VOIP service provider NEGOTIATION.—The rates, terms, and conditions of such exchange of traffic shall enter into a reciprocal compensation agreement with a telecommunications carrier with which be negotiated by the VOIP service provider exchanges traffic for compensation for parties, subject to 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).remedies provided by this Act.
(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.
(a) 911 AND E–911 SERVICES.—Each SERVICES.—
(1) IN GENERAL.—Each VOIP provider has a duty to ensure that that—
(A) unless the provider is a receive-only provider, 911 services are provided to subscribers of VOIP services in accordance with regulations prescribed by the Commission; and
(B) if the provider is a send-and-receive provider, 911 and E–911 services are provided to subscribers of VOIP services in accordance with regulations prescribed by the Commission. Such Commission.
(2) USE OF EXISTING REGULATIONS.—Until revised by the Commission, the Commission’s regulations that apply to a VOIP services provider and that are in effect on the date of enactment of this Act shall be considered to be the regulations prescribed under paragraph (1), and a VOIP service provider that complies with such regulations shall take into consideration available industry technological and operational standards.be considered to be in compliance with the requirements of this section.
(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 non-discriminatory 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.feasible. In determining the requirements and obligations that are technologically and operationally feasible, the Commission shall take into consideration available industry technological and operational standards.
(e) SUBSCRIBER NOTICE.—A portable receive-only provider of VOIP service provider, services and any other VOIP service provider that is determined by the Commission to not be technologically capable of providing 911 and or E–911 services, service shall provide a clear and conspicuous notice of the unavailability of such services service to each subscriber at the time of entering into a contract service agreement 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)(f) 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 providers to provide location information to PSAPs, comply with E–911 requirements or obligations, 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 E– 911 and E–911 service to portable VOIP service subscribers. service. 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 it is technologically and operationally feasible. feasible for all VOIP service providers to comply with E–911 requirements and obligations. 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 1 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.
(h) DEFINITIONS.—For purposes of this section:
(1) RECEIVE-ONLY PROVIDER.—The term ‘‘ receive-only provider’’ means a VOIP provider that enables a subscriber to receive voice communications in TCP/IP protocol or a successor protocol from, but not to send to such communications to—
(A) a telephone number under the North American Numbering Plan; or
(B) such other identification method as is designated by the Commission to be a significant alternative or successor to such Plan.
(2) SEND-AND-RECEIVE PROVIDER.—The term ‘‘send-and-recieve provider’’ means a VOIP provider that directly or indirectly enables a subscriber to both send and receive voice communications in TCP/ IP protocol or a successor protocol to and from any subscriber with such a telephone number or other identification method.
(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).
A(a) subscriber NUMBER PORTABILITY.—Each VOIP service provider has the duty to VOIP services and a prospective subscriber provide, to such service shall be accorded a right to the extent technically feasible, number portability in accordance with regulations prescribed by the Commission.Commission. The Commission shall by regulation accord to each VOIP service provider the same rights regarding number portability as those accorded to telecommunications carriers under section 251.
(b) ACCESS TO NUMBERS.—The Commission shall make available, on an equitable basis, telephone numbers under the North American Numbering Plan to each VOIP service provider that complies with the regulations prescribed by the Commission regarding numbering resource optimization and portability with which telecommunications carriers must comply.
(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 1 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.
(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.
(a) FEDERAL AND STATE REGISTRATION.—
(1) REGISTRATION REQUIRED.—Any broadband video service provider offering REQUIRED.—Before providing broadband video service in any State local franchise area or other area in any State, a broadband video service provider shall—
(A) file a broadband video service provider registration statement, and any substantive amendment thereto, statement in accordance with section 402 of this Act, if not previously registered with the Commission; andor
(B) on the same day, file a complete copy of such statement and an 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 containing 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 information required with respect to the broadband video service by such provider in such local franchise area of such authority.or other area, if previously registered with the Commission.
(2) FAILURE NOTICE TO SUPPLY INFORMATION.—The Commission may disapprove a broadband video service provider LOCAL FRANCHISE AUTHORITY.—At the time of filing any registration statement or amendment that proposes the Commission determines fails to comply with commencement of, or changes in the requirements of the Commission under subsection (b).
(3) OTHER GROUNDS FOR DISAPPROVAL.—The Commission may disapprove information relating to, service in any local franchise area within a broadband video service provider’s registration statement if—
(A) State, the broadband video service provider filing such statement or any of it officers has violated Commission rules, Federal or State law, or has a amendment shall transmit notice of apparent liability pending at such filing to the Commission; andlocal franchise authority for such area.
(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 FRANCHISE.—A broadband video service provider’s franchise in that with respect to a local franchise area or other area in a State shall be deemed to commence 15 days after the local franchising authority’s receipt of—once—
(2) ABSENCE OF LOCAL FRANCHISING AUTHORITY.—If
(B) a designation by such provider of a local agent.
(3) DURATION, RENEWAL, TERMINATION,
(b)(c) TRANSITION.—If a broadband video service provider was providing a broadband video service in a local franchise area or other area prior to the date of enactment of this Act, the Commission shall provide a reasonable time period for such provider to make the filings required by section 302 of this Act, and the franchise with respect to such local franchise area or such other area shall be deemed to be in effect during such time period.
(d) FRANCHISE FEE.—
(1) ASSESSMENT BY LOCAL FRANCHISING AUTHORITY PERMITTED.—A local franchising authority may assess collect a franchise fee on from a broadband video service provider for the provision of broadband video service within the local franchise area.area of such authority.
(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)(3) 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 collected from the subscriber and attributable to the video programming package provided by the broadband video service provider from the operation as part 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 rebates, or discounts to subscribers, public institutions, or governmental entities.
(c)(e) MANAGEMENT OF RIGHTS-OF-WAY.—
(1) USE OF ACCESS TO RIGHTS-OF-WAYS AND EASEMENTS.—Any 1 EASEMENTS.—Subject to section 406 of this Act, any franchise under this section shall be construed deemed to authorize the construction and operation operation, over public rights-of-way, rights-of-way and through easements, easements that have been dedicated for compatible uses, 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.
(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
(a) COMPARABLE REQUIREMENTS AND OBLIGATIONS.—Each OBLIGATIONS.—
(1) PROMULGATION OF REGULATIONS.—Within one year after the date of enactment of this Act, the following provisions of the 1934 Act, and the regulations under each such provision, that apply Commission shall complete all actions necessary ( including any reconsideration) to a cable operator shall apply to a adopt for broadband video service provider providers comparable regulations as apply to multichannel video programming distributors under this title in accordance with regulations prescribed by the Commission to apply such provisions to such providers in a comparable manner:following provisions:
(10) DISPOSITION OF WIRING AFTER TERMINATION OF SERVICE.—Section 624(i) (47 U.S.C. 544(i)).
(K) DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING DISTRIBUTION.—Section 628 (47 U.S.C. 548).
(2) QUADRENNIAL REVIEW.—Every 4 years after date of enactment of this Act, the Commission shall eliminate any regulations created under paragraph (1) to the extent that the Commission determines that such regulations are no longer necessary as the result of meaningful economic competition.
(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.subject to obligations concerning public, educational, or governmental use.
(C) PRODUCTION AND TRANSMISSION OF PROGRAMMING.—
(i) The production of any programming provided under this subsection shall be the responsibility of the local franchising authority or its designee.
(ii) The broadband video service provider shall be responsible for the transmission of any programming provided under this subsection between the primary signal origination point of the programming and the broadband video service provider’s subscribers.
(iii) A broadband video service provider shall be entitled to access to programming carried by a cable operator or another broadband video service provider to the extent that the broadband video service provider is carrying such programming under this subsection.
(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 may require such provider to continue to provide an institutional network shall continue to have support for the authority to require that person to provide such network.provision of public, educational, or governmental use.
(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, the term ‘‘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)(d) NAVIGATIONAL DEVICE 1 NEUTRALITY.—The Commission shall by regulation prohibit a broadband video service provider from omitting television broadcast stations stations, public, educational, or governmental programs, or other unaffiliated video programming services carried on such system from any navigational device, guide, device or menu.guide.
(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.
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.
(a) REGULATIONS.—
(1)(a) REGULATIONS AS NECESSARY TO IMPLEMENT.—The IMPLEMENT.— The Commission shall have authority under this Act to prescribe only such regulations as are necessary to implement expressly required or expressly authorized by this Act.
(a) FEDERAL FORM.—A registration statement under section 102, 202, or 302 shall be in such form as the Commission shall require by regulation and shall exclusively contain—
(1) a business information statement;
(2) a description of the business to be conducted by the provider, including the State, local franchise areas, or other areas to be served; and
(3) information required under a Federal law other than this Act.
(b) EFFECTIVENESS OF REGISTRATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), a registration statement or amendment thereto is effective upon filing.
(2) FAILURE TO SUPPLY INFORMATION.—The Commission may disapprove a registration statement that fails to comply with subsection (a).
(b)(c) 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.
(d) REGULATIONS.—The Commission shall prescribe such regulations as are necessary to implement this section. Such regulations shall specify requirements for the timely correction of registration statements (as amended) to reflect changes in information contained therein.
(a) NATIONAL STANDARDS REQUIRED.—The Commission shall by rule regulation 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;therein);
(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)(3) 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; dispute; and
(11)(4) 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 a manner comparable to their application to common carriers.
(c) STATE ENFORCEMENT OF NATIONAL CONSUMER PROTECTION STANDARDS.—A STANDARDS.—
(1) COMPLAINTS.—Any person may file a complaint with respect to a violation in a State of the regulations prescribed under subsection (a)—
(A) with the State commission of such State under this subsection; or
(B) with the Commission under section 411 of this Act.
(2) STATE ORDERS REQUIRING COMPLIANCE.— In a proceeding on such a complaint, a State commission may issue an order requiring compliance with the rules promulgated any of such regulations prescribed 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 standards.
(3) ACCESS 1 TO RECORDS.—The State commission shall have authority to require the filing of any contract, agreement, or arrangement between the subscribe and the provider, or any other data, documents, or records, directly related to the alleged violation.
(4) COMMISSION REMEDIES; APPEALS.—Unless appealed to the Commission, such an order of a State commission shall be enforced by the Commission under sections 411 and 414. section 414 of this Act. Any such appeal shall be resolved by the Commission within 30 days after receipt of the appeal by the Commission. A Pending the conclusion of such an appeal, the person to whom the State commission order was issued shall comply with such order.
(5) COST OF STATE ORDERS.—A State commission may charge a provider of service under this Act a nominal fee to cover the costs of issuing such orders.
(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.—
(A) EXPRESS WRITTEN 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. concerned—
(i) a VOIP service provider shall not collect personally identifiable information concerning any subscriber; and
(ii) a BIT provider, BITS provider, or broadband video service provider shall not use any facilities used to provide any service under this Act to collect personally identifiable information concerning any subscriber.
(B) SEPARATE AND DISTINCT FORM.— 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 1 REQUIRED.—
(A) OBLIGATION.—Except as provided in paragraph (2), a service provider under this Act Act—
(i) shall not disclose personally identifiable information concerning any subscriber without the prior, express written or electronic consent of the subscriber concerned and concerned; and
(ii) shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or such provider. provider.
(B) SEPARATE AND DISTINCT FORM.— 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—
(i) to initiate, render, bill, or collect for any service provided by such provider;provider; or
(ii) to share with an affiliate performing such functions on behalf of the service provider, provided that the affiliate does disclose the such information in violation of paragraph (1);
(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) in the case of a portable VOIP provider, such provider has received the authorization described in paragraphs paragraph (1);
(ii) in the case of any provider of any other service under this Act, such provider has extended an opportunity to the subscriber to withdraw object to such authorization disclosure at any time; time, and the subscriber has not objected; 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 providers under this Act, telecommunications carriers, equipment manufacturers, and customers, including telecommunications carriers reselling telecommunications services provided by a telecommunications carrier.
(2) CONFIDENTIALITY OF CARRIER PROVIDER 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—any service under this Act—
(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. The Commission shall, by regulation, ensure that subscribers are not charged for keeping their subscriber list information out of any directory 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, any service under this Act, 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) (i)(9)(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) REGULATIONS.—The Commission shall prescribe such regulations as are necessary to implement this section.
(i) 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)(3) CUSTOMER PROPRIETARY 1 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)(4) EMERGENCY NOTIFICATION SERVICES.—the term ‘‘emergency notification services’’ means services that notify the public of an emergency.
(6)(5) EMERGENCY SERVICES.—The term ‘‘emergency ‘‘ emergency services’’ means 9–1–1 emergency services and emergency notification services.
(7)(6) EMERGENCY 1 SUPPORT SERVICES.—The term ‘‘emergency support services’’ means information or database management services used in support of emergency services.
(8)(7) PERSONALLY IDENTIFIABLE INFORMATION.—The term ‘‘personally identifiable information’’—
(A) means information that allows a living person to be identified individually;
(B) includes individually, including the following: 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)(B) does not include any record of aggregate data that does not permit the identification of particular persons.
(9)(8) 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)(9) SUBSCRIBER 1 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.
(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 1 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.
(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.
(a) ACQUISITIONS BY LEC–RELATED USE OF RIGHTS-OF-WAY AND EASEMENTS.—In using public rights-of-way and easements that have been dedicated to compatible uses, a 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, VOIP services provider, or broadband video service provider who is owned by, operated by, controlled by, shall ensure that—
(1) 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 under common control with an entity that was construction of facilities necessary for such service;
(2) the cost of the installation, construction, operation, relocation, or removal of such facilities be borne by such provider or a cable operator on subscriber to such provider’s service, or a combination of both; and
(3) the date owner of enactment the property be justly compensated by such provider for any damages caused by the installation, construction, operation, relocation, or removal of this section and providing cable service within the local exchange carrier’s telephone service area.such facilities by such provider.
(b) ACQUISITIONS BY CABLE-RELATED PRESERVATION OF AUTHORITY.—No provision of this title shall be construed to prohibit a local franchising authority or other unit of State or local government—
(1) from enforcing the requirements of paragraphs (1), (2), and (3) of subsection (a); or
(2) from imposing reasonable restrictions, as necessary for the purposes described in subsection (a)(1), on the time, place, and manner by which such provider constructs, alters, or maintains facilities that use public rights-of-way and easements for the provision of such service.
(c) MANAGEMENT OF PUBLIC RIGHTS-OF-WAY.— Subject to this section, nothing in this Act affects the authority of a State or local government to manage the public rights-of-way on a competitively neutral and nondiscriminatory basis or to require fair, reasonable, and nondiscriminatory compensation from a BITS AND BROADBAND VIDEO SERVICE PROVIDERS.—No BITS provider provider, VOIP services 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 for 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.management.
(c)(d) JOINT VENTURES.—A BONDS, INSURANCE, ETC.—A State or local exchange carrier and government may require a cable operator, whose telephone service area and cable franchise area, respectively, are in the same market on the date BITS provider to obtain bonds, security funds, letters of enactment of this section, nor any entity credit, insurance, or entities owned by, operated by, controlled by indemnification, or under common control with such entities, may not enter into any joint venture to pay penalties or partnership to provide BITS or broadband video service within such markets.
The Commission shall take measures liquidated damages, to ensure the reliability and integrity of BITS, VOIP services, and broadband video services.compliance with this section.
(a) NONDISCRIMINATORY ACCESS.—A utility shall provide a BITS provider, BIT provider, or broadband video service provider with rates, terms, and conditions for access to any pole, duct, conduit, or right-of-way owned or controlled by such utility that is are nondiscriminatory as compared to the rates, terms, and conditions for such 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 rates, terms, and conditions for access to any pole, duct, conduit, or right-of-way owned or controlled by that provider that is are nondiscriminatory as compared to the rates, terms, and conditions for such access provided to any telecommunications carrier, cable operator, or other BITS provider, BIT provider, or broadband video service provider.
(b) CAPACITY 1 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) REGULATIONS.—The Commission shall prescribe such regulations are necessary to implement this section.
(d) DEFINITIONS.—For purposes of this section, the terms ‘‘utility’’ and ‘‘telecommunications carrier’’ have the meanings provided in section 224(a) of the 1934 Act.
The Commission may investigate recognize standards developed and resolve disputes with respect to delays in adopted by appropriate standards-setting organizations’ approval on a timely basis of standards organizations for equipment used in the provision, delivery, or use of services under this Act.BIT, BITS, VOIP service, or broadband video service.
(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 1 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)(c) 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)(d) 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.
(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) ADDITIONAL RULE OF CONSTRUCTION.— Nothing in this Act shall be construed to modify, impair, or supersede, or authorize the modification, impairment, or supersession of, any State or local law pertaining to taxation.
(b)(c) 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)(d) 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)(e) FOREIGN OWNERSHIP OR 1 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.
(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 INVESTIGATION AND ORDER.—The Commission shall investigate the matters complained of and issue an order concluding such investigation within 6 months the 90-day period after the date on which the complaint was filed.filed, except that the Commission may extend that period for a single additional 90 days. Such order shall grant or deny the complaint, in whole or in part, and shall contain a written explanation of the basis of the decision.
(c) MEDIATION OR ARBITRATION.—The Commission in its discretion may mediate or arbitrate any issue arising under such complaint.
(d) ORDERS FOR THE CONTINUATION OF 1 SERVICE.— The Commission may, at the time that a complaint is made, issue an order requiring a BIT provider, BITS provider, VOIP service provider, or broadband video service provider to continue to provide service while the Commission investigates and resolves such complaint.
(e) PROTECTIVE ORDERS.—The Commission may issue orders protecting the status of the parties or the rights of subscribers, or both, pending resolution of the complaint.
(d)(f) 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.
(g) REGULATIONS.—The Commission shall prescribe such regulations as are necessary to implement this section.
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 411.411 of this Act.
(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.
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.