```

[Journal of the House of Representatives, 1995]
[Friday, August 4, 1995 (109), Para 109.5 Recorded Vote]
[Pages 1258-1265]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.109.5  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. BLILEY:

                              [1. Resale]

       Page 5, beginning on line 19, strike paragraph (3) and 
     insert the following:
       ``(3) Resale.--The duty--
       ``(A) to offer services, elements, features, functions, and 
     capabilities for resale at wholesale rates, and
       ``(B) not to prohibit, and not to impose unreasonable or 
     discriminatory conditions or limitations on, the resale of 
     such services, elements, features, functions, and 
     capabilities, on a bundled or unbundled basis, except that a 
     carrier may prohibit a reseller that obtains at wholesale 
     rates a service, element, feature, function, or capability 
     that is available at retail only to a category of subscribers 
     from offering such service, element, feature, function, or 
     capability to a different category of subscribers.

     For the purposes of this paragraph, wholesale rates shall be 
     determined on the basis of retail rates for the service, 
     element, feature, function, or capability provided, excluding 
     the portion thereof attributable to any marketing, billing, 
     collection, and other costs that are avoided by the local 
     exchange carrier.

                          [2. Entry Schedule]

       Page 10, line 1, strike ``15 months'' and insert ``6 
     months''.

[[Page 1259]]

       Page 12, line 13, strike ``245(d)'' and insert ``245(c)''.
       Page 19, line 19, strike ``18 months'' and insert ``6 
     months''.
       Page 20, line 5, strike ``(d)(2)'' and insert ``(c)(2)''.
       Page 24, beginning on line 1, strike subsection (c) through 
     page 26, line 5, (and redesignate the succeeding subsections 
     accordingly).
       Page 27, line 25, strike ``(d)'' and insert ``(c)''.
       Page 28, line 25, strike ``(g) and (h)'' and insert ``(f), 
     (g), and (h)''.
       Page 29, lines 9 and 12, strike ``subsection (d)'' and 
     insert ``subsection (c)''.
       Page 29, line 14, strike ``subsection (f)'' and insert 
     ``subsection (e)''.
       Page 30, line 2, strike ``(f)'' and insert ``(e)''.
       Page 40, line 20, strike ``270 days'' and insert ``6 
     months''.

                    [3. State/Federal Coordination]

       Page 10, after line 8, insert the following new 
     subparagraph (and redesignate the succeeding subparagraphs 
     accordingly):
       ``(B) Accommodation of state access regulations.--In 
     prescribing and enforcing regulations to implement the 
     requirements of this section, the Commission shall not 
     preclude the enforcement of any regulation, order, or policy 
     of a State commission that--
       ``(i) establishes access and interconnection obligations of 
     local exchange carriers;
       ``(ii) is consistent with the requirements of this section; 
     and
       ``(iii) does not substantially prevent the Commission from 
     fulfilling the requirements of this section and the purposes 
     of this part.
       Page 14, strike lines 1 through 7 and insert the following:
       ``(h) Avoidance of Redundant Regulations.--
       ``(1) Commission regulations.--Nothing in this section 
     shall be construed to prohibit the Commission from enforcing 
     regulations prescribed prior to the date of enactment of this 
     part in fulfilling the requirements of this section, to the 
     extent that such regulations are consistent with the 
     provisions of this section.
       ``(2) State regulations.--Nothing in this section shall be 
     construed to prohibit any State commission from enforcing 
     regulations prescribed prior to the date of enactment of this 
     part, or from prescribing regulations after such date of 
     enactment, in fulfilling the requirements of this section, if 
     (A) such regulations are consistent with the provisions of 
     this section, and (B) the enforcement of such regulations has 
     not been precluded under subsection (b)(4)(B).
       Page 42, after line 2, insert the following new sentence:

     In establishing criteria and procedures pursuant to this 
     paragraph, the Commission shall take into account and 
     accommodate, to the extent reasonable and consistent with the 
     purposes of this section, the criteria and procedures 
     established for such purposes by State commissions prior to 
     the effective date of the Commission's criteria and 
     procedures under this section.
       Page 45, strike lines 12 through 18 and insert the 
     following:
       ``(g) Avoidance of Redundant Regulations.--
       ``(1) Commission regulations.--Nothing in this section 
     shall be construed to prohibit the Commission from enforcing 
     regulations prescribed prior to the date of enactment of this 
     part in fulfilling the requirements of this section, to the 
     extent that such regulations are consistent with the 
     provisions of this section.
       ``(2) State regulations.--Nothing in this section shall be 
     construed to prohibit any State commission from enforcing 
     regulations prescribed prior to the effective date of the 
     Commission's criteria and procedures under this section in 
     fulfilling the requirements of this section, or from 
     prescribing regulations after such date, to the extent such 
     regulations are consistent--
       ``(A) with the provisions of this section; and
       ``(B) after such effective date, with such criteria and 
     procedures.
       Page 77, line 18, insert ``of the Commission'' after ``any 
     regulation''.

                          [4. Joint Marketing]

       Page 12, beginning on line 15, strike paragraph (2) through 
     page 13, line 2, and insert the following:
       ``(2) Competing providers.--Paragraph (1) shall not 
     prohibit joint marketing of services, elements, features, 
     functions, or capabilities acquired from a Bell operating 
     company by an unaffiliated provider that, together with its 
     affiliates, has in the aggregate less than 2 percent of the 
     access lines installed nationwide.

                     [5. Rural Telephone Exemption]

       Page 13, beginning on line 10, strike ``, technologically 
     infeasible'' and all that follows through line 11 and insert 
     ``or technologically infeasible.''.
       Page 13, beginning on line 12, strike subsections (f) and 
     (g) through line 24 and insert the following:
       (f) Exemption for Certain Rural Telephone Companies.--
     Subsections (a) through (d) of this section shall not apply 
     to a rural telephone company, until such company has received 
     a bona fide request for services, elements, features or 
     capabilities described in subsections (a) through (d). 
     Following a bona fide request to the carrier and notice of 
     the request to the State commission, the State commission 
     shall determine within 120 days whether the request would be 
     unduly economically burdensome, be technologically 
     infeasible, and be consistent with subsections (b)(1) through 
     (b)(5), (c)(1), and (c)(3) of section 247. The exemption 
     provided by this subsection shall not apply if such carrier 
     provides video programming services over its telephone 
     exchange facilities in its telephone service area.
       (g) Time and Manner of Compliance.--The State shall 
     establish, after determining pursuant to subsection (f) that 
     a bona fide request is not economically burdensome, is 
     technologically feasible, and is consistent with subsections 
     (b)(1) through (b)(5), (c)(1), and (c)(3) of section 247, an 
     implementation schedule for compliance with such approved 
     bona fide request that is consistent in time and manner with 
     Commission rules.
       Page 45, line 3, strike ``Interstate'', and on line 4, 
     strike ``interstate''.

                    [6. Management of Rights-of-Way]

       Page 14, line 21, strike ``Nothing in this'' and insert the 
     following:
       ``(1) In general.--Nothing in this
       Page 14, line 22, strike ``or local''.
       Page 15, after line 6, insert the following new paragraph:
       ``(2) Management of rights-of-way.--Nothing in subsection 
     (a) of this section shall affect the authority of a local 
     government to manage the public rights-of-way or to require 
     fair and reasonable compensation from telecommunications 
     providers, 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.''.

                    [7. Facilities-Based Competitor]

       Page 20, beginning on line 8, strike subparagraph (A) 
     through line 18 and insert the following:
       ``(A) Presence of a facilities-based competitor.--An 
     agreement that has been approved under section 244 specifying 
     the terms and conditions under which the Bell operating 
     company is providing access and interconnection to its 
     network facilities in accordance with section 242 for the 
     network facilities of an unaffiliated competing provider of 
     telephone exchange service (as defined in section 3(44)(A), 
     but excluding exchange access service) to residential and 
     business subscribers. For the purpose of this subparagraph, 
     such telephone exchange service may be offered by such 
     competing provider either exclusively over its own telephone 
     exchange service facilities or predominantly over its own 
     telephone exchange service facilities in combination with the 
     resale of the services of another carrier. For the purpose of 
     this subparagraph, services provided pursuant to subpart K of 
     part 22 of the Commission's regulations (47 C.F.R. 22.901 et 
     seq.) shall not be considered to be telephone exchange 
     services.
       Page 21, line 2, strike ``243'' and insert ``244''.

           [8. Entry Consultations with the Attorney General]

       Page 27, after line 3, insert the following new paragraph:
       ``(3) Consultation with the attorney general.--The 
     Commission shall notify the Attorney General promptly of any 
     verification submitted for approval under this subsection, 
     and shall identify any verification that, if approved, would 
     relieve the Bell operating company and its affiliates of the 
     prohibition concerning manufacturing contained in section 
     271(a). Before making any determination under this 
     subsection, the Commission shall consult with the Attorney 
     General, and if the Attorney General submits any comments in 
     writing, such comments shall be included in the record of the 
     Commission's decision. In consulting with and submitting 
     comments to the Commission under this paragraph, the Attorney 
     General shall provide to the Commission an evaluation of 
     whether there is a dangerous probability that the Bell 
     operating company or its affiliates would successfully use 
     market power to substantially impede competition in the 
     market such company seeks to enter. In consulting with and 
     submitting comments to the Commission under this paragraph 
     with respect to a verification that, if approved, would 
     relieve the Bell operating company and its affiliates of the 
     prohibition concerning manufacturing contained in section 
     271(a), the Attorney General shall also provide to the 
     Commission an evaluation of whether there is a dangerous 
     probability that the Bell operating company or its affiliates 
     would successfully use market power to substantially impede 
     competition in manufacturing.
       Page 27, lines 4 and 12, redesignate paragraphs (3) and (4) 
     as paragraphs (4) and (5), respectively.

                      [9. Out-of-Region Services]

       Page 31, after line 21, insert the following new subsection 
     (and redesignate the succeeding subsections accordingly):
       ``(h) Out-of-Region Services.--When a Bell operating 
     company and its affiliates have obtained Commission approval 
     under subsection (c) for each State in which such Bell 
     operating company and its affiliates provide telephone 
     exchange service on the date of enactment of this part, such 
     Bell operating company and any affiliate thereof may, 
     notwithstanding subsection (e), provide interLATA services--
       ``(1) for calls originating in, and billed to a customer 
     in, a State in which neither such company nor any affiliate 
     provided telephone exchange service on such date of 
     enactment; or
       ``(2) for calls originating outside the United States.

[[Page 1260]]

       Page 30, beginning on line 20, strike ``between local 
     access and transport areas within a cable system franchise 
     area'' and insert ``and that is located within a State''.

                       [10. Separate Subsidiary]

       At each of the following locations insert ``interLATA'' 
     before ``information'': Page 33, line 8; page 35, lines 9, 
     16, and 20; and page 36, lines 3 and 10.
       Page 33, line 11, after the period insert the following: 
     ``The requirements of this section shall not apply with 
     respect to (1) activities in which a Bell operating company 
     or affiliate may engage pursuant to section 245(f), or (2) 
     incidental services in which a Bell operating company or 
     affiliate may engage pursuant to section 245(g), other than 
     services described in paragraph (4) of such section.''.
       Page 37, beginning on line 20, strike subsection (k) and 
     insert the following:
       ``(k) Sunset.--The provisions of this section shall cease 
     to apply to any Bell operating company in any State 18 months 
     after the date such Bell operating company is authorized 
     pursuant to section 245(c) to provide interLATA 
     telecommunications services in such State.

       [11. Pricing Flexibility: Prohibition on Cross Subsidies]

       Page 42, after line 22, insert the following new paragraph:
       ``(4) Response to competition.--Pricing flexibility 
     implemented pursuant to this subsection shall permit 
     regulated telecommunications providers to respond fairly to 
     competition by repricing services subject to competition, but 
     shall not have the effect of changing prices for 
     noncompetitive services or using noncompetitive services to 
     subsidize competitive services.

                          [12. Accessibility]

       Page 47, beginning on line 17, strike ``whenever an undue 
     burden'' and all that follows through ``paragraph (1),'' on 
     line 19 and insert the following: ``whenever the requirements 
     of paragraph (1) are not readily achievable,''.
       Page 47, beginning on line 24, strike ``would result in'' 
     and all that follows through line 25 and insert the 
     following: ``is not readily achievable.''.
       Page 48, beginning on line 1, strike paragraphs (3) and (4) 
     through page 49, line 7, and insert the following:
       ``(3) Readily achievable.--The term `readily achievable' 
     has the meaning given it by section 301(g) of the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12102(g)).
       Page 49, line 8, redesignate paragraph (5) as paragraph 
     (4).

                           [13. Media Voices]

       Page 50, line 5, strike ``points of view'' and insert 
     ``media voices''.

                             [14. Slamming]

       Page 50, line 23, insert ``(a) Prohibition.--'' before ``No 
     common carrier'', and on page 51, after line 4, insert the 
     following new subsection:
       ``(b) Liability for Charges.--Any common carrier that 
     violates the verification procedures described in subsection 
     (a) and that collects charges for telephone exchange service 
     or telephone toll service from a subscriber shall be liable 
     to the carrier previously selected by the subscriber in an 
     amount equal to all charges paid by such subscriber after 
     such violation, in accordance with such procedures as the 
     Commission may prescribe. The remedies provided by this 
     subsection are in addition to any other remedies available by 
     law.

                         [15. Study Frequency]

       Page 51, line 6, strike ``At least once every three 
     years,'' and insert ``Within 3 years after the date of 
     enactment of this part,''.

                      [16. Territorial Exemption]

       Page 51, beginning on line 23, strike section 253 through 
     page 52, line 6, and conform the table of contents 
     accordingly.
       Page 51, insert close quotation marks and a period at the 
     end of line 22.

                [17. Manufacturing Separate Subsidiary]

       Page 54, beginning on line 5, strike subsections (a) and 
     (b) and insert the following:
       ``(a) Limitations on Manufacturing.--
       ``(1) Access and interconnection required.--It shall be 
     unlawful for a Bell operating company, directly or through an 
     affiliate, to manufacture telecommunications equipment or 
     customer premises equipment, until the Commission has 
     approved under section 245(c) verifications that such Bell 
     operating company, and each Bell operating company with which 
     it is affiliated, are in compliance with the access and 
     interconnection requirements of part II of this title.
       ``(2) Separate subsidiary required.--During the first 18 
     months after the expiration of the limitation contained in 
     paragraph (1), a Bell operating company may engage in 
     manufacturing telecommunications equipment or customer 
     premises equipment only through a separate subsidiary 
     established and operated in accordance with section 246.
       ``(b) Collaboration; Research and Royalty Agreements.--
       ``(1) Collaboration.--Subsection (a) shall not prohibit a 
     Bell operating company from engaging in close collaboration 
     with any manufacturer of customer premises equipment or 
     telecommunications equipment during the design and 
     development of hardware, software, or combinations thereof 
     related to such equipment.
       ``(2) Research; royalty agreements.--Subsection (a) shall 
     not prohibit a Bell operating company, directly or through an 
     subsidiary, from--
       ``(A) engaging in any research activities related to 
     manufacturing, and
       ``(B) entering into royalty agreements with manufacturers 
     of telecommunications equipment.

         [18. Manufacturing by Standard-Setting Organizations]

       Page 56, beginning on line 1, strike subsection (d) through 
     page 57, line 11, and insert the following:
       ``(d) Manufacturing Limitations for Standard-Setting 
     Organizations.--
       ``(1) Application to bell communications research or 
     manufacturers.--Bell Communications Research, Inc., or any 
     successor entity or affiliate--
       ``(A) shall not be considered a Bell operating company or a 
     successor or assign of a Bell operating company at such time 
     as it is no longer an affiliate of any Bell operating 
     company; and
       ``(B) notwithstanding paragraph (3), shall not engage in 
     manufacturing telecommunications equipment or customer 
     premises equipment as long as it is an affiliate of more than 
     1 otherwise unaffiliated Bell operating company or successor 
     or assign of any such company.

     Nothing in this subsection prohibits Bell Communications 
     Research, Inc., or any successor entity, from engaging in any 
     activity in which it is lawfully engaged on the date of 
     enactment of this subsection. Nothing provided in this 
     subsection shall render Bell Communications Research, Inc., 
     or any successor entity, a common carrier under title II of 
     this Act. Nothing in this section restricts any manufacturer 
     from engaging in any activity in which it is lawfully engaged 
     on the date of enactment of this section.
       ``(2) Proprietary information.--Any entity which 
     establishes standards for telecommunications equipment or 
     customer premises equipment, or generic network requirements 
     for such equipment, or certifies telecommunications 
     equipment, or customer premises equipment, shall be 
     prohibited from releasing or otherwise using any proprietary 
     information, designated as such by its owner, in its 
     possession as a result of such activity, for any purpose 
     other than purposes authorized in writing by the owner of 
     such information, even after such entity ceases to be so 
     engaged.
       ``(3) Manufacturing safeguards.--(A) Except as prohibited 
     in paragraph (1), and subject to paragraph (6), any entity 
     which certifies telecommunications equipment or customer 
     premises equipment manufactured by an unaffiliated entity 
     shall only manufacture a particular class of 
     telecommunications equipment or customer premises equipment 
     for which it is undertaking or has undertaken, during the 
     previous 18 months, certification activity for such class of 
     equipment through a separate affiliate.
       ``(B) Such separate affiliate shall--
       ``(i) maintain books, records, and accounts separate from 
     those of the entity that certifies such equipment, consistent 
     with generally acceptable accounting principles;
       ``(ii) not engage in any joint manufacturing activities 
     with such entity; and
       ``(iii) have segregated facilities and separate employees 
     with such entity.
       ``(C) Such entity that certifies such equipment shall--
       ``(i) not discriminate in favor of its manufacturing 
     affiliate in the establishment of standards, generic 
     requirements, or product certification;
       ``(ii) not disclose to the manufacturing affiliate any 
     proprietary information that has been received at any time 
     from an unaffiliated manufacturer, unless authorized in 
     writing by the owner of the information; and
       ``(iii) not permit any employee engaged in product 
     certification for telecommunications equipment or customer 
     premises equipment to engage jointly in sales or marketing of 
     any such equipment with the affiliated manufacturer.
       ``(4) Standard-setting entities.--Any entity which is not 
     an accredited standards development organization and which 
     establishes industry-wide standards for telecommunications 
     equipment or customer premises equipment, or industry-wide 
     generic network requirements for such equipment, or which 
     certifies telecommunications equipment or customer premises 
     equipment manufactured by an unaffiliated entity, shall--
       ``(A) establish and publish any industry-wide standard for, 
     industry-wide generic requirement for, or any substantial 
     modification of an existing industry-wide standard or 
     industry-wide generic requirement for, telecommunications 
     equipment or customer premises equipment only in compliance 
     with the following procedure:
       ``(i) such entity shall issue a public notice of its 
     consideration of a proposed industry-wide standard or 
     industry-wide generic requirement;
       ``(ii) such entity shall issue a public invitation to 
     interested industry parties to fund and participate in such 
     efforts on a reasonable and nondiscriminatory basis, 
     administered in such a manner as not to unreasonably exclude 
     any interested industry party;
       ``(iii) such entity shall publish a text for comment by 
     such parties as have agreed to participate in the process 
     pursuant to clause (ii), provide such parties a full 
     opportunity to submit comments, and respond to comments from 
     such parties;
       ``(iv) such entity shall publish a final text of the 
     industry-wide standard or industry-wide generic requirement, 
     including the comments in their entirety, of any funding 
     party which requests to have its comments so published;

[[Page 1261]]

       ``(v) such entity shall attempt, prior to publishing a text 
     for comment, to agree with the funding parties as a group on 
     a mutually satisfactory dispute resolution process which such 
     parties shall utilize as their sole recourse in the event of 
     a dispute on technical issues as to which there is 
     disagreement between any funding party and the entity 
     conducting such activities, except that if no dispute 
     resolution process is agreed to by all the parties, a funding 
     party may utilize the dispute resolution procedures 
     established pursuant to paragraph (5) of this subsection;
       ``(B) engage in product certification for 
     telecommunications equipment or customer premises equipment 
     manufactured by unaffiliated entities only if--
       ``(i) such activity is performed pursuant to published 
     criteria;
       ``(ii) such activity is performed pursuant to auditable 
     criteria; and
       ``(iii) such activity is performed pursuant to available 
     industry-accepted testing methods and standards, where 
     applicable, unless otherwise agreed upon by the parties 
     funding and performing such activity;
       ``(C) not undertake any actions to monopolize or attempt to 
     monopolize the market for such services; and
       ``(D) not preferentially treat its own telecommunications 
     equipment or customer premises equipment, or that of its 
     affiliate, over that of any other entity in establishing and 
     publishing industry-wide standards or industry-wide generic 
     requirements for, and in certification of, telecommunications 
     equipment and customer premises equipment.
       ``(5) Alternate dispute resolution.--Within 90 days after 
     the date of enactment of this section, the Commission shall 
     prescribe a dispute resolution process to be utilized in the 
     event that a dispute resolution process is not agreed upon by 
     all the parties when establishing and publishing any 
     industry-wide standard or industry-wide generic requirement 
     for telecommunications equipment or customer premises 
     equipment, pursuant to paragraph (4)(A)(v). The Commission 
     shall not establish itself as a party to the dispute 
     resolution process. Such dispute resolution process shall 
     permit any funding party to resolve a dispute with the entity 
     conducting the activity that significantly affects such 
     funding party's interests, in an open, nondiscriminatory, and 
     unbiased fashion, within 30 days after the filing of such 
     dispute. Such disputes may be filed within 15 days after the 
     date the funding party receives a response to its comments 
     from the entity conducting the activity. The Commission shall 
     establish penalties to be assessed for delays caused by 
     referral of frivolous disputes to the dispute resolution 
     process. The overall intent of establishing this dispute 
     resolution provision is to enable all interested funding 
     parties an equal opportunity to influence the final 
     resolution of the dispute without significantly impairing the 
     efficiency, timeliness, and technical quality of the 
     activity.
       ``(6) Sunset.--The requirements of paragraphs (3) and (4) 
     shall terminate for the particular relevant activity when the 
     Commission determines that there are alternative sources of 
     industry-wide standards, industry-wide generic requirements, 
     or product certification for a particular class of 
     telecommunications equipment or customer premises equipment 
     available in the United States. Alternative sources shall be 
     deemed to exist when such sources provide commercially viable 
     alternatives that are providing such services to customers. 
     The Commission shall act on any application for such a 
     determination within 90 days after receipt of such 
     application, and shall receive public comment on such 
     application.
       ``(7) Administration and enforcement authority.--For the 
     purposes of administering this subsection and the regulations 
     prescribed thereunder, the Commission shall have the same 
     remedial authority as the Commission has in administering and 
     enforcing the provisions of this title with respect to any 
     common carrier subject to this Act.
       ``(8) Definitions.--For purposes of this subsection:
       ``(A) The term `affiliate' shall have the same meaning as 
     in section 3 of this Act, except that, for purposes of 
     paragraph (1)(B)--
       ``(i) an aggregate voting equity interest in Bell 
     Communications Research, Inc., of at least 5 percent of its 
     total voting equity, owned directly or indirectly by more 
     than 1 otherwise unaffiliated Bell operating company, shall 
     constitute an affiliate relationship; and
       ``(ii) a voting equity interest in Bell Communications 
     Research, Inc., by any otherwise unaffiliated Bell operating 
     company of less than 1 percent of Bell Communications 
     Research's total voting equity shall not be considered to be 
     an equity interest under this paragraph.
       ``(B) The term `generic requirement' means a description of 
     acceptable product attributes for use by local exchange 
     carriers in establishing product specifications for the 
     purchase of telecommunications equipment, customer premises 
     equipment, and software integral thereto.
       ``(C) The term `industry-wide' means activities funded by 
     or performed on behalf of local exchange carriers for use in 
     providing wireline local exchange service whose combined 
     total of deployed access lines in the United States 
     constitutes at least 30 percent of all access lines deployed 
     by telecommunications carriers in the United States as of the 
     date of enactment.
       ``(D) The term `certification' means any technical process 
     whereby a party determines whether a product, for use by more 
     than one local exchange carrier, conforms with the specified 
     requirements pertaining to such product.
       ``(E) The term `accredited standards development 
     organization' means an entity composed of industry members 
     which has been accredited by an institution vested with the 
     responsibility for standards accreditation by the industry.

                      [19. Electronic Publishing]

       Page 64, after line 21, insert the following new subsection 
     (and redesignate the succeeding subsections accordingly):
       ``(d) Bell Operating Company Requirement.--A Bell operating 
     company under common ownership or control with a separated 
     affiliate or electronic publishing joint venture shall 
     provide network access and interconnections for basic 
     telephone service to electronic publishers at just and 
     reasonable rates that are tariffed (so long as rates for such 
     services are subject to regulation) and that are not higher 
     on a per-unit basis than those charged for such services to 
     any other electronic publisher or any separated affiliate 
     engaged in electronic publishing.
       Page 69, line 4, strike ``wireline telephone exchange 
     service'' and insert ``any wireline telephone exchange 
     service, or wireline telephone exchange service facility,''.

                         [20. Alarm Monitoring]

       Page 71, beginning on line 17, strike ``1995, except that'' 
     and all that follows through line 21 and insert ``1995.''.

                       [21. CMRS Joint Marketing]

       Page 78, line 17, strike the close quotation marks and 
     following period and after line 17, insert the following new 
     subsection:
       ``(c) Commercial Mobile Service Joint Marketing.--
     Notwithstanding section 22.903 of the Commission's 
     regulations (47 C.F.R. 22.903) or any other Commission 
     regulation, or any judicial decree or proposed judicial 
     decree, a Bell operating company or any other company may, 
     except as provided in sections 242(d) and 246 as they relate 
     to wireline service, jointly market and sell commercial 
     mobile services in conjunction with telephone exchange 
     service, exchange access, intraLATA telecommunications 
     service, interLATA telecommunications service, and 
     information services.''.

                    [22. Online Family Empowerment]

       Page 78, before line 18, insert the following new section 
     (and redesignate the succeeding sections and conform the 
     table of contents accordingly):

     SEC. 104. ONLINE FAMILY EMPOWERMENT.

       Title II of the Communications Act of 1934 (47 U.S.C. 201 
     et seq.) is amended by inserting after section 230 (as added 
     by section 103 of this Act) the following new section:

     ``SEC. 231. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF 
                   OFFENSIVE MATERIAL; FCC CONTENT AND ECONOMIC 
                   REGULATION OF COMPUTER SERVICES PROHIBITED.

       ``(a) Findings.--The Congress finds the following:
       ``(1) The rapidly developing array of Internet and other 
     interactive computer services available to individual 
     Americans represent an extraordinary advance in the 
     availability of educational and informational resources to 
     our citizens.
       ``(2) These services offer users a great degree of control 
     over the information that they receive, as well as the 
     potential for even greater control in the future as 
     technology develops.
       ``(3) The Internet and other interactive computer services 
     offer a forum for a true diversity of political discourse, 
     unique opportunities for cultural development, and myriad 
     avenues for intellectual activity.
       ``(4) The Internet and other interactive computer services 
     have flourished, to the benefit of all Americans, with a 
     minimum of government regulation.
       ``(5) Increasingly Americans are relying on interactive 
     media for a variety of political, educational, cultural, and 
     entertainment services.
       ``(b) Policy.--It is the policy of the United States to--
       ``(1) promote the continued development of the Internet and 
     other interactive computer services and other interactive 
     media;
       ``(2) preserve the vibrant and competitive free market that 
     presently exists for the Internet and other interactive 
     computer services, unfettered by State or Federal regulation;
       ``(3) encourage the development of technologies which 
     maximize user control over the information received by 
     individuals, families, and schools who use the Internet and 
     other interactive computer services;
       ``(4) remove disincentives for the development and 
     utilization of blocking and filtering technologies that 
     empower parents to restrict their children's access to 
     objectionable or inappropriate online material; and
       ``(5) ensure vigorous enforcement of criminal laws to deter 
     and punish trafficking in obscenity, stalking, and harassment 
     by means of computer.
       ``(c) Protection for `Good Samaritan' Blocking and 
     Screening of Offensive Material.--No provider or user of 
     interactive computer services shall be treated as the 
     publisher or speaker of any information provided by an 
     information content provider. No provider or user of 
     interactive computer services shall be held liable on account 
     of--
       ``(1) any action voluntarily taken in good faith to 
     restrict access to material that the provider or user 
     considers to be obscene, lewd, lascivious, filthy, 
     excessively violent, harassing, or otherwise objectionable, 
     whether or not such material is constitutionally protected; 
     or

[[Page 1262]]

       ``(2) any action taken to make available to information 
     content providers or others the technical means to restrict 
     access to material described in paragraph (1).
       ``(d) FCC Regulation of the Internet and Other Interactive 
     Computer Services Prohibited.--Nothing in this Act shall be 
     construed to grant any jurisdiction or authority to the 
     Commission with respect to content or other regulation of the 
     Internet or other interactive computer services.
       ``(e) Effect on Other Laws.--
       ``(1) No effect on criminal law.--Nothing in this section 
     shall be construed to impair the enforcement of section 223 
     of this Act, chapter 71 (relating to obscenity) or 110 
     (relating to sexual exploitation of children) of title 18, 
     United States Code, or any other Federal criminal statute.
       ``(2) No effect on intellectual property law.--Nothing in 
     this section shall be construed to limit or expand any law 
     pertaining to intellectual property.
       ``(3) In general.--Nothing in this section shall be 
     construed to prevent any State from enforcing any State law 
     that is consistent with this section.
       ``(f) Definitions.--As used in this section:
       ``(1) Internet.--The term `Internet' means the 
     international computer network of both Federal and non-
     Federal interoperable packet switched data networks.
       ``(2) Interactive computer service.--The term `interactive 
     computer service' means any information service that provides 
     computer access to multiple users via modem to a remote 
     computer server, including specifically a service that 
     provides access to the Internet.
       ``(3) Information content provider.--The term `information 
     content provider' means any person or entity that is 
     responsible, in whole or in part, for the creation or 
     development of information provided by the Internet or any 
     other interactive computer service, including any person or 
     entity that creates or develops blocking or screening 
     software or other techniques to permit user control over 
     offensive material.''.

                           [23. Forbearance]

       Page 77, line 20, strike ``if the Commission'' and insert 
     ``unless the Commission''.
       Page 77, line 23, and page 78, line 4, strike ``is not 
     necessary'' and insert ``is necessary''.
       Page 78, line 4, strike ``and'' and insert ``or''.
       Page 78, line 6, strike ``is consistent'' and insert ``is 
     inconsistent''.

                         [24. Pole Attachments]

       Page 87, line 1, after ``ensuring that'' insert the 
     following: , when the parties fail to negotiate a mutually 
     agreeable rate,''.
       Page 87, line 9, insert ``to'' after ``benefit'', and on 
     line 11, strike ``attachments'' and insert ``attaching 
     entities''.
       Page 87, line 16, strike ``and''; on line 17, redesignate 
     subparagraph (C) as subparagraph (D); and after line 16 
     insert the following new subparagraph:
       ``(C) recognize that the pole, duct, conduit, or right-of-
     way has a value that exceeds costs and that value shall be 
     reflected in any rate; and

               [25. Required Telecommunications Services]

       Page 89, line 21, strike ``A franchising'' and insert 
     ``Except as otherwise permitted by sections 611 and 612, a 
     franchising''.
       Page 89, line 23, before ``as a condition'' insert the 
     following: ``, other than intragovernmental 
     telecommunications services,''.

                        [26. Facilities Siting]

       Page 90, beginning on line 11, strike paragraph (7) through 
     line 6 on page 93 and insert the following:
       ``(7) Facilities siting policies.--(A) Within 180 days 
     after enactment of this paragraph, the Commission shall 
     prescribe and make effective a policy to reconcile State and 
     local regulation of the siting of facilities for the 
     provision of commercial mobile services or unlicensed 
     services with the public interest in fostering competition 
     through the rapid, efficient, and nationwide deployment of 
     commercial mobile services or unlicensed services.
       ``(B) Pursuant to subchapter III of chapter 5, title 5, 
     United States Code, the Commission shall establish a 
     negotiated rulemaking committee to negotiate and develop a 
     proposed policy to comply with the requirements of this 
     paragraph. Such committee shall include representatives from 
     State and local governments, affected industries, and public 
     safety agencies.
       ``(C) The policy prescribed pursuant to this subparagraph 
     shall take into account--
       ``(i) the need to enhance the coverage and quality of 
     commercial mobile services and unlicensed services and foster 
     competition in the provision of commercial mobile services 
     and unlicensed services on a timely basis;
       ``(ii) the legitimate interests of State and local 
     governments in matters of exclusively local concern, and the 
     need to provide State and local government with maximum 
     flexibility to address such local concerns, while ensuring 
     that such interests do not prohibit or have the effect of 
     precluding any commercial mobile service or unlicensed 
     service;
       ``(iii) the effect of State and local regulation of 
     facilities siting on interstate commerce;
       ``(iv) the administrative costs to State and local 
     governments of reviewing requests for authorization to locate 
     facilities for the provision of commercial mobile services or 
     unlicensed services; and
       ``(v) the need to provide due process in making any 
     decision by a State or local government or instrumentality 
     thereof to grant or deny a request for authorization to 
     locate, construct, modify, or operate facilities for the 
     provision of commercial mobile services or unlicensed 
     services.
       ``(D) The policy prescribed pursuant to this paragraph 
     shall provide that no State or local government or any 
     instrumentality thereof may regulate the placement, 
     construction, modification, or operation of such facilities 
     on the basis of the environmental effects of radio frequency 
     emissions, to the extent that such facilities comply with the 
     Commission's regulations concerning such emissions.
       ``(E) The proceeding to prescribe such policy pursuant to 
     this paragraph shall supercede any proceeding pending on the 
     date of enactment of this paragraph relating to preemption of 
     State and local regulation of tower siting for commercial 
     mobile services, unlicensed services, and providers thereof. 
     In accordance with subchapter III of chapter 5, title 5, 
     United States Code, the Commission shall periodically 
     establish a negotiated rulemaking committee to review the 
     policy prescribed by the Commission under this paragraph and 
     to recommend revisions to such policy.
       ``(F) For purposes of this paragraph, the term `unlicensed 
     service' means the offering of telecommunications using duly 
     authorized devices which do not require individual 
     licenses.''.
       Page 94, line 2, strike ``cost-based''.

               [27. Telecommunications Development Fund]

       Page 101, after line 23, insert the following new section 
     (and redesignate the succeeding section and conform the table 
     of contents accordingly):

     SEC. 111. TELECOMMUNICATIONS DEVELOPMENT FUND.

       (a) Deposit and Use of Auction Escrow Accounts.--Section 
     309(j)(8) of the Act (47 U.S.C. 309(j)(8)) is amended by 
     adding at the end the following new subparagraph:
       ``(C) Deposit and use of auction escrow accounts.--Any 
     deposits the Commission may require for the qualification of 
     any person to bid in a system of competitive bidding pursuant 
     to this subsection shall be deposited in an interest bearing 
     account at a financial institution designated for purposes of 
     this subsection by the Commission (after consultation with 
     the Secretary of the Treasury). Within 45 days following the 
     conclusion of the competitive bidding--
       ``(i) the deposits of successful bidders shall be paid to 
     the Treasury;
       ``(ii) the deposits of unsuccessful bidders shall be 
     returned to such bidders; and
       ``(iii) the interest accrued to the account shall be 
     transferred to the Telecommunications Development Fund 
     established pursuant to section 10 of this Act.''.
       (b) Establishment and Operation of Fund.--Title I of the 
     Act is amended by adding at the end the following new 
     section:

     ``SEC. 10. TELECOMMUNICATIONS DEVELOPMENT FUND.

       ``(a) Purpose of Section.--It is the purpose of this 
     section--
       ``(1) to promote access to capital for small businesses in 
     order to enhance competition in the telecommunications 
     industry;
       ``(2) to stimulate new technology development, and promote 
     employment and training; and
       ``(3) to support universal service and promote delivery of 
     telecommunications services to underserved rural and urban 
     areas.
       ``(b) Establishment of Fund.--There is hereby established a 
     body corporate to be known as the Telecommunications 
     Development Fund, which shall have succession until 
     dissolved. The Fund shall maintain its principal office in 
     the District of Columbia and shall be deemed, for purposes of 
     venue and jurisdiction in civil actions, to be a resident and 
     citizen thereof.
       ``(c) Board of Directors.--
       ``(1) Composition of board; chairman.--The Fund shall have 
     a Board of Directors which shall consist of 7 persons 
     appointed by the Chairman of the Commission. Four of such 
     directors shall be representative of the private sector and 
     three of such directors shall be representative of the 
     Commission, the Small Business Administration, and the 
     Department of the Treasury, respectively. The Chairman of the 
     Commission shall appoint one of the representatives of the 
     private sector to serve as chairman of the Fund within 30 
     days after the date of enactment of this section, in order to 
     facilitate rapid creation and implementation of the Fund. The 
     directors shall include members with experience in a number 
     of the following areas: finance, investment banking, 
     government banking, communications law and administrative 
     practice, and public policy.
       ``(2) Terms of appointed and elected members.--The 
     directors shall be eligible to serve for terms of 5 years, 
     except of the initial members, as designated at the time of 
     their appointment--
       ``(A) 1 shall be eligible to service for a term of 1 year;
       ``(B) 1 shall be eligible to service for a term of 2 years;
       ``(C) 1 shall be eligible to service for a term of 3 years;
       ``(D) 2 shall be eligible to service for a term of 4 years; 
     and
       ``(E) 2 shall be eligible to service for a term of 5 years 
     (1 of whom shall be the Chairman).

     Directors may continue to serve until their successors have 
     been appointed and have qualified.
       ``(3) Meetings and functions of the board.--The Board of 
     Directors shall meet at the call of its Chairman, but at 
     least quarterly. The Board shall determine the general 
     policies which shall govern the operations of

[[Page 1263]]

     the Fund. The Chairman of the Board shall, with the approval 
     of the Board, select, appoint, and compensate qualified 
     persons to fill the offices as may be provided for in the 
     bylaws, with such functions, powers, and duties as may be 
     prescribed by the bylaws or by the Board of Directors, and 
     such persons shall be the officers of the Fund and shall 
     discharge all such functions, powers, and duties.
       ``(d) Accounts of the Fund.--The Fund shall maintain its 
     accounts at a financial institution designated for purposes 
     of this section by the Chairman of the Board (after 
     consultation with the Commission and the Secretary of the 
     Treasury). The accounts of the Fund shall consist of--
       ``(1) interest transferred pursuant to section 309(j)(8)(C) 
     of this Act;
       ``(2) such sums as may be appropriated to the Commission 
     for advances to the Fund;
       ``(3) any contributions or donations to the Fund that are 
     accepted by the Fund; and
       ``(4) any repayment of, or other payment made with respect 
     to, loans, equity, or other extensions of credit made from 
     the Fund.
       ``(e) Use of the Fund.--All moneys deposited into the 
     accounts of the Fund shall be used solely for--
       ``(1) the making of loans, investments, or other extensions 
     of credits to eligible small businesses in accordance with 
     subsection (f);
       ``(2) the provision of financial advise to eligible small 
     businesses;
       ``(3) expenses for the administration and management of the 
     Fund;
       ``(4) preparation of research, studies, or financial 
     analyses; and
       ``(5) other services consistent with the purposes of this 
     section.
       ``(f) Lending and Credit Operations.--Loans or other 
     extensions of credit from the Fund shall be made available to 
     eligible small business on the basis of--
       ``(1) the analysis of the business plan of the eligible 
     small business;
       ``(2) the reasonable availability of collateral to secure 
     the loan or credit extension;
       ``(3) the extent to which the loan or credit extension 
     promotes the purposes of this section; and
       ``(4) other lending policies as defined by the Board.
       ``(g) Return of Advances.--Any advances appropriated 
     pursuant to subsection (b)(2) shall be upon such terms and 
     conditions (including conditions relating to the time or 
     times of repayment) as the Board determines will best carry 
     out the purposes of this section, in light of the maturity 
     and solvency of the Fund.
       ``(h) General Corporate Powers.--The Fund shall have 
     power--
       ``(1) to sue and be sued, complain and defend, in its 
     corporate name and through its own counsel;
       ``(2) to adopt, alter, and use the corporate seal, which 
     shall be judicially noticed;
       ``(3) to adopt, amend, and repeal by its Board of 
     Directors, bylaws, rules, and regulations as may be necessary 
     for the conduct of its business;
       ``(4) to conduct its business, carry on its operations, and 
     have officers and exercise the power granted by this section 
     in any State without regard to any qualification or similar 
     statute in any State;
       ``(5) to lease, purchase, or otherwise acquire, own, hold, 
     improve, use, or otherwise deal in and with any property, 
     real, personal, or mixed, or any interest therein, wherever 
     situated;
       ``(6) to accept gifts or donations of services, or of 
     property, real, personal, or mixed, tangible or intangible, 
     in aid of any of the purposes of the Fund;
       ``(7) to sell, convey, mortgage, pledge, lease, exchange, 
     and otherwise dispose of its property and assets;
       ``(8) to appoint such officers, attorneys, employees, and 
     agents as may be required, to determine their qualifications, 
     to define their duties, to fix their salaries, require bonds 
     for them, and fix the penalty thereof; and
       ``(9) to enter into contracts, to execute instruments, to 
     incur liabilities, to make loans and equity investment, and 
     to do all things as are necessary or incidental to the proper 
     management of its affairs and the proper conduct of its 
     business.
       ``(i) Accounting, Auditing, and Reporting.--The accounts of 
     the Fund shall be audited annually. Such audits shall be 
     conducted in accordance with generally accepted auditing 
     standards by independent certified public accountants. A 
     report of each such audit shall be furnished to the Secretary 
     of the Treasury and the Commission. The representatives of 
     the Secretary and the Commission shall have access to all 
     books, accounts, financial records, reports, files, and all 
     other papers, things, or property belonging to or in use by 
     the Fund and necessary to facilitate the audit.
       ``(j) Report on Audits by Treasury.--A report of each such 
     audit for a fiscal year shall be made by the Secretary of the 
     Treasury to the President and to the Congress not later than 
     6 months following the close of such fiscal year. The report 
     shall set forth the scope of the audit and shall include a 
     statement of assets and liabilities, capital and surplus or 
     deficit; a statement of surplus or deficit analysis; a 
     statement of income and expense; a statement of sources and 
     application of funds; and such comments and information as 
     may be deemed necessary to keep the President and the 
     Congress informed of the operations and financial condition 
     of the Fund, together with such recommendations with respect 
     thereto as the Secretary may deem advisable.
       ``(k) Definitions.--As used in this section:
       ``(1) Eligible small business.--The term `eligible small 
     business' means business enterprises engaged in the 
     telecommunications industry that have $50,000,000 or less in 
     annual revenues, on average over the past 3 years prior to 
     submitting the application under this section.
       ``(2) Fund.--The term `Fund' means the Telecommunications 
     Development Fund established pursuant to this section.
       ``(3) Telecommunications industry.--The term 
     `telecommunications industry' means communications businesses 
     using regulated or unregulated facilities or services and 
     includes the broadcasting, telephony, cable, computer, data 
     transmission, software, programming, advanced messaging, and 
     electronics businesses.''.

                       [28. Telemedicine Report]

       Page 101, after line 23, insert the following new section 
     (and redesignate the succeeding sections and conform the 
     table of contents accordingly):

     SEC. 112. REPORT ON THE USE OF ADVANCED TELECOMMUNICATIONS 
                   SERVICES FOR MEDICAL PURPOSES.

       The Assistant Secretary of Commerce for Communications and 
     Information, in consultation with the Secretary of Health and 
     Human Services and other appropriate departments and 
     agencies, shall submit a report to the Committee on Commerce 
     of the House of Representatives and the Committee on 
     Commerce, Science and Transportation of the Senate concerning 
     the activities of the Joint Working Group on Telemedicine, 
     together with any findings reached in the studies and 
     demonstrations on telemedicine funded by the Public Health 
     Service or other Federal agencies. The report shall examine 
     questions related to patient safety, the efficacy and quality 
     of the services provided, and other legal, medical, and 
     economic issues related to the utilization of advanced 
     telecommunications services for medical purposes. The report 
     shall be submitted to the respective Committees annually, by 
     January 31, beginning in 1996.
       Page 101, after line 23, insert the following new section 
     (and redesignate the succeeding sections and conform the 
     table of contents accordingly):

     SEC. 113. TELECOMMUTING PUBLIC INFORMATION PROGRAM.

       (a) Telecommuting Research Programs and Public Information 
     Dissemination.--The Assistant Secretary of Commerce for 
     Communications and Information, in consultation with the 
     Secretary of Transportation, the Secretary of Labor, and the 
     Administrator of the Environmental Protection Agency, shall, 
     within three months of the date of enactment of this Act, 
     carry out research to identify successful telecommuting 
     programs in the public and private sectors and provide for 
     the dissemination to the public of information regarding--
       (1) the establishment of successful telecommuting programs; 
     and
       (2) the benefits and costs of telecommuting.
       (b) Report.--Within one year of the date of enactment of 
     this Act, the Assistant Secretary of Commerce for 
     Communications and Information shall report to Congress the 
     findings, conclusions, and recommendations regarding 
     telecommuting developed under this section.

                          [29. Video Platform]

       Page 103, line 13, insert ``(other than section 652)'' 
     after ``part V''.
       Page 104, strike lines 3 through 5 and insert the 
     following:
       ``(iii) has not established a video platform in accordance 
     with section 653.''.
       Page 109, line 24, strike ``shall'' and insert ``may''.
       Page 113, line 1, strike ``15 months'' and insert ``6 
     months''.
       Page 113, line 25, after ``concerning'' insert the 
     following: ``sports exclusivity (47 C.F.R. 76.67),'', and on 
     page 114, line 1, after the close parenthesis insert a comma.
       Page 115, beginning on line 20, strike paragraph (2) 
     through page 116, line 4, and on page 116, line 5, 
     redesignate subsection (c) as paragraph (2).
       Page 116, beginning on line 9, strike subsection (d) 
     through line 15.
       Page 130, line 22, before ``the Commission'' insert ``270 
     days have elapsed since''.

                    [30. Cable Complaint Threshold]

       Page 127, line 4, strike ``5 percent'' and insert ``3 
     percent''.

                        [31. Navigation Devices]

       Page 136, beginning on line 24, strike ``Such regulations'' 
     and all that follows through the period on page 137, line 2.
       Page 137, line 7, strike ``bundled with or''.
       Page 137, after line 8, insert the following new subsection 
     (and redesignate the succeeding subsections accordingly):
       ``(c) Protection of System Security.--The Commission shall 
     not prescribe regulations pursuant to subsection (b) which 
     would jeopardize the security of a telecommunications system 
     or impede the legal rights of a provider of such service to 
     prevent theft of service.
       Page 137, line 10, strike ``may'' and insert ``shall''.
       Page 137, line 13, strike ``the introduction of a new'' and 
     insert ``assist the development or introduction of a new or 
     improved''.
       Page 137, line 14, insert ``or technology'' after 
     ``service''.
       Page 137, after line 14, insert the following new 
     subsection (and redesignate the succeeding subsection 
     accordingly):
       ``(e) Avoidance of Redundant Regulations.--

[[Page 1264]]

       ``(1) Market competitiveness determinations.--
     Determinations made or regulations prescribed by the 
     Commission with respect to market competitiveness of customer 
     premises equipment prior to the date of enactment of this 
     section shall fulfill the requirements of this section.
       ``(2) Regulations.--Nothing in this section affects the 
     Commission's regulations governing the interconnection and 
     competitive provision of customer premises equipment used in 
     connection with basic telephone service.

               [32. Cable/Broadcast/MMDS Cross Ownership]

       Page 154, lines 9 and 10, strike subsection (b) and insert 
     the following:
       (b) Conforming Amendments.--Section 613(a) of the Act (47 
     U.S.C. 533(a)) is amended--
       (1) by striking paragraph (1);
       (2) by redesignating paragraph (2) as subsection (a);
       (3) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively;
       (4) by striking ``and'' at the end of paragraph (1) (as so 
     redesignated);
       (5) by striking the period at the end of paragraph (2) (as 
     so redesignated) and inserting ``; and''; and
       (6) by adding at the end the following new paragraph:
       ``(3) shall not apply the requirements of this paragraph in 
     any area in which there are two or more unaffiliated wireline 
     providers of video programming services.''

                        [33. Foreign Ownership]

       Page 155, line 8, insert ``held,'' after ``granted,''.
       Page 155, beginning on line 12, strike subparagraph (A) 
     through line 19 and insert the following:
       ``(A) the President determines--
       ``(i) that the foreign country of which such alien is a 
     citizen, in which such corporation is organized, or in which 
     the foreign government is in control is party to an 
     international agreement which requires the United States to 
     provide national or most-favored-nation treatment in the 
     grant of common carrier licenses; and
       ``(ii) that not applying subsection (b) would be consistent 
     with national security and effective law enforcement; or
       Page 155, beginning on line 23, strike paragraphs (2) 
     through (5) through page 157, line 21, and insert the 
     following:
       ``(2) Commission considerations.--In making its 
     determination under paragraph (1), the Commission shall abide 
     by any decision of the President whether application of 
     section (b) is in the public interest due to national 
     security, law enforcement, foreign policy or trade (including 
     direct investment as it relates to international trade 
     policy) concerns, or due to the interpretation of 
     international agreements. In the absence of a decision by the 
     President, the Commission may consider, among other public 
     interest factors, whether effective competitive opportunities 
     are available to United States nationals or corporations in 
     the applicant's home market. Upon receipt of an application 
     that requires a determination under this paragraph, the 
     Commission shall cause notice of the application to be given 
     to the President or any agencies designated by the President 
     to receive such notification. The Commission shall not make a 
     determination under paragraph (1)(B) earlier than 30 days 
     after the end of the pleading cycle or later than 180 days 
     after the end of the pleading cycle.
       ``(3) Further commission review.--The Commission may 
     determine that, due to changed circumstances relating to 
     United States national security or law enforcement, a prior 
     determination under paragraph (1) ought to be reversed or 
     altered. In making this determination, the Commission shall 
     accord great deference to any recommendation of the President 
     with respect to United States national security or law 
     enforcement. If a determination under this paragraph is made 
     then--
       ``(A) subsection (b) shall apply with respect to such 
     aliens, corporation, and government (or their 
     representatives) on the date that the Commission publishes 
     notice of its determination under this paragraph; and
       ``(B) any license held, or application filed, which could 
     not be held or granted under subsection (b) shall be reviewed 
     by the Commission under the provisions of paragraphs (1)(B) 
     and (2).
       ``(4) Notification to congress.--The President and the 
     Commission shall notify the appropriate committees of the 
     Congress of any determinations made under paragraph (1), (2), 
     or (3).
       ``(5) Miscellaneous.--Any Presidential decisions made under 
     the provisions of this subsection shall not be subject to 
     judicial review.''.
       (c) Effective Dates.--The amendments made by this section 
     shall not apply to any proceeding commenced before the date 
     of enactment of this Act.

                         [34. License Renewal]

       Page 161, beginning on line 18, strike ``filed on or after 
     May 31, 1995'' and insert ``pending or filed on or after the 
     date of enactment of this Act''.

                 [35. Ship Distress and Safety Systems]

       Page 162, beginning on line 1, strike section 307 through 
     line 8 and insert the following:

     SEC. 307. AUTOMATED SHIP DISTRESS AND SAFETY SYSTEMS.

       Notwithstanding any provision of the Communications Act of 
     1934 or any other provision of law or regulation, a ship 
     documented under the laws of the United States operating in 
     accordance with the Global Maritime Distress and Safety 
     System provisions of the Safety of Life at Sea Convention 
     shall not be required to be equipped with a radio telegraphy 
     station operated by one or more radio officers or operators. 
     This section shall take effect for each vessel upon a 
     determination by the United States Coast Guard that such 
     vessel has the equipment required to implement the Global 
     Maritime Distress and Safety System installed and operating 
     in good working condition.

              [36. Certification and Testing of Equipment]

       Page 162, after line 22, insert the following new section 
     (and conform the table of contents accordingly):

     SEC. 310. DELEGATION OF EQUIPMENT TESTING AND CERTIFICATION 
                   TO PRIVATE LABORATORIES.

       Section 302 of the Act (47 U.S.C. 302) is amended by adding 
     at the end the following:
       ``(e) Use of Private Organizations for Testing and 
     Certification.--The Commission may--
       ``(1) authorize the use of private organizations for 
     testing and certifying the compliance of devices or home 
     electronic equipment and systems with regulations promulgated 
     under this section;
       ``(2) accept as prima facie evidence of such compliance the 
     certification by any such organization; and
       ``(3) establish such qualifications and standards as it 
     deems appropriate for such private organizations, testing, 
     and certification.''.

                           [37. Supersession]

       Page 163, beginning on line 4, strike subsection (a) 
     through page 164, line 19, and insert the following:
       (a) Modification of Final Judgment.--This Act and the 
     amendments made by title I of this Act shall supersede only 
     the following sections of the Modification of Final Judgment:
       (1) Section II(C) of the Modification of Final Judgment, 
     relating to deadline for procedures for equal access 
     compliance.
       (2) Section II(D) of the Modification of Final Judgment, 
     relating to line of business restrictions.
       (3) Section VIII(A) of the Modification of Final Judgment, 
     relating to manufacturing restrictions.
       (4) Section VIII(C) of the Modification of Final Judgment, 
     relating to standard for entry into the interexchange market.
       (5) Section VIII(D) of the Modification of Final Judgment, 
     relating to prohibition on entry into electronic publishing.
       (6) Section VIII(H) of the Modification of Final Judgment, 
     relating to debt ratios at the time of transfer.
       (7) Section VIII(J) of the Modification of Final Judgment, 
     relating to prohibition on implementation of the plan of 
     reorganization before court approval.
       Page 164, line 20, insert ``or in the amendments made by 
     this Act'' after ``this Act''.
       Page 164, beginning on line 23, strike ``Except as provided 
     in paragraph (2), parts'' and insert ``Parts''.
       Page 165, beginning on line 3, strike paragraph (2) through 
     line 6 and insert the following:
       ``(2) State tax savings provision.--Notwithstanding 
     paragraph (1), nothing in this Act or the amendments made by 
     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, except as 
     provided in sections 243(e) and 622 of the Communications Act 
     of 1934 and section 402 of this Act.''.
       Page 166, after line 5, insert the following new 
     subsection:
       (g) Additional Definitions.--As used in this section, the 
     terms ``Modification of Final Judgment'' and ``Bell operating 
     company'' have the same meanings provided such terms in 
     section 3 of the Communications Act of 1934.

                       [38. 1984 Consent Decree]

       Page 165, beginning on line 7, strike subsection (d) 
     through line 15 and insert the following:
       (d) Application to Other Action.--This Act shall supersede 
     the final judgment entered December 21, 1984 and as restated 
     January 11, 1985, in the action styled United States v. GTE 
     Corp., Civil Action No. 83-1298, in the United States 
     District Court for the District of Columbia, and any judgment 
     or order with respect to such action entered on or after 
     December 21, 1984, and such final judgment shall not be 
     enforced with respect to conduct occurring after the date of 
     the enactment of this Act.

                       [39. Wireless Successors]

       Page 165, beginning on line 17, strike ``subject to the 
     provisions'' and insert ``considered to be an affiliate, a 
     successor, or an assign of a Bell operating company under 
     section III''.

                           [40. DBS Taxation]

       Beginning on page 166, strike line 6 and all that follows 
     through line 20 of page 167, and insert the following:

     SEC. 402. PREEMPTION OF LOCAL TAXATION WITH RESPECT TO DBS 
                   SERVICE.

       (a) Preemption.--A provider of direct-to-home satellite 
     service shall be exempt from the collection or remittance, or 
     both, of any tax or fee imposed by any local taxing 
     jurisdiction with respect to the provision of direct-to-home 
     satellite service. Nothing in this section shall be construed 
     to exempt from collection or remittance any tax or fee on the 
     sale of equipment.

[[Page 1265]]

       (b) Definitions.--For the purposes of this section--
       (1) Direct-to-home satellite service.--The term ``direct-
     to-home satellite service'' means the transmission or 
     broadcasting by satellite of programming directly to the 
     subscribers' premises without the use of ground receiving or 
     distribution equipment, except at the subscribers' premises 
     or in the uplink process to the satellite.
       (2) Provider of direct-to-home satellite service.--For 
     purposes of this section, a ``provider of direct-to-home 
     satellite service'' means a person who transmits, broadcasts, 
     sells, or distributes direct-to-home satellite service.
       (3) Local taxing jurisdiction.--The term ``local taxing 
     jurisdiction'' means any municipality, city, county, 
     township, parish, transportation district, or assessment 
     jurisdiction, or any other local jurisdiction in the 
     territorial jurisdiction of the United States with the 
     authority to impose a tax or fee, but does not include a 
     State.
       (4) State.--The term ``State'' means any of the several 
     States, the District of Columbia, or any territory or 
     possession of the United States.
       (5) Tax or fee.--The terms ``tax'' and ``fee'' mean any 
     local sales tax, local use tax, local intangible tax, local 
     income tax, business license tax, utility tax, privilege tax, 
     gross receipts tax, excise tax, franchise fees, local 
     telecommunications tax, or any other tax, license, or fee 
     that is imposed for the privilege of doing business, 
     regulating, or raising revenue for a local taxing 
     jurisdiction.
       (c) Preservation of State Authority.--This section shall 
     not be construed to prevent taxation of a provider of direct-
     to-home satellite service by a State or to prevent a local 
     taxing jurisdiction from receiving revenue derived from a tax 
     or fee imposed and collected by a State.

                       [41. Protection of Minors]

       Page 167, after line 20, insert the following new section 
     (and conform the table of contents accordingly):

     SEC. 403. PROTECTION OF MINORS AND CLARIFICATION OF CURRENT 
                   LAWS REGARDING COMMUNICATION OF OBSCENE AND 
                   INDECENT MATERIALS THROUGH THE USE OF 
                   COMPUTERS.

       (a) Protection of Minors.--
       (1) Generally.--Section 1465 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``Whoever intentionally communicates by computer, in or 
     affecting interstate or foreign commerce, to any person the 
     communicator believes has not attained the age of 18 years, 
     any material that, in context, depicts or describes, in terms 
     patently offensive as measured by contemporary community 
     standards, sexual or excretory activities or organs, or 
     attempts to do so, shall be fined under this title or 
     imprisoned not more than five years, or both.''.
       (2) Conforming Amendments Relating to Forfeiture.--
       (A) Section 1467(a)(1) of title 18, United States Code, is 
     amended by inserting ``communicated,'' after 
     ``transported,''.
       (B) Section 1467 of title 18, United States Code, is 
     amended in subsection (a)(1), by striking ``obscene''.
       (C) Section 1469 of title 18, United States Code, is 
     amended by inserting ``communicated,'' after ``transported,'' 
     each place it appears.
       (b) Clarification of Current Laws Regarding Communication 
     of Obscene Materials Through the Use of Computers.--
       (1) Importation or transportation.--Section 1462 of title 
     18, United States Code, is amended--
       (A) in the first undesignated paragraph, by inserting 
     ``(including by computer) after ``thereof''; and
       (B) in the second undesignated paragraph--
       (i) by inserting ``or receives,'' after ``takes'';
       (ii) by inserting ``, or by computer,'' after ``common 
     carrier''; and
       (iii) by inserting ``or importation'' after ``carriage''.
       (2) Transportation for purposes of sale or distribution.--
     The first undesignated paragraph of section 1465 of title 18, 
     United States Code, is amended--
       (A) by striking ``transports in'' and inserting 
     ``transports or travels in, or uses a facility or means 
     of,'';
       (B) by inserting ``(including a computer in or affecting 
     such commerce)'' after ``foreign commerce'' the first place 
     it appears; and
       (C) by striking ``, or knowingly travels in'' and all that 
     follows through ``obscene material in interstate or foreign 
     commerce,'' and inserting ``of''.

                           [42. Cable Access]

       Page 170, line 21, after the period insert the following: 
     ``For purposes of section 242, such term shall not include 
     the provision of video programming directly to 
     subscribers.''.

It was decided in the

Yeas

256

affirmative

Nays

149
```