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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5252 Reported in Senate (RS)]

                                                       Calendar No. 652
109th CONGRESS
  2d Session
                                H. R. 5252

                          [Report No. 109-355]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2006

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           September 29, 2006

               Reported by Mr. Stevens, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT

 
     To promote the deployment of broadband networks and services.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Communications Opportunity, Promotion, and Enhancement Act of 
2006''.</DELETED>
<DELETED>    (b) Table of Contents.--</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
              <DELETED>TITLE I--NATIONAL CABLE FRANCHISING

<DELETED>Sec. 101. National cable franchising.
<DELETED>Sec. 102. Definitions.
<DELETED>Sec. 103. Monitoring and reporting.
<DELETED>Sec. 104. Rule of construction.
      <DELETED>TITLE II--ENFORCEMENT OF BROADBAND POLICY STATEMENT

<DELETED>Sec. 201. Enforcement of broadband policy statement.
                      <DELETED>TITLE III--VOIP/911

<DELETED>Sec. 301. Emergency services; interconnection.
<DELETED>Sec. 302. Compensation and contribution.
           <DELETED>TITLE IV--MUNICIPAL PROVISION OF SERVICES

<DELETED>Sec. 401. Government authority to provide services.
                  <DELETED>TITLE V--BROADBAND SERVICE

<DELETED>Sec. 501. Stand-alone broadband service.
<DELETED>Sec. 502. Study of interference potential of broadband over 
                            power line systems.
                  <DELETED>TITLE VI--SEAMLESS MOBILITY

<DELETED>Sec. 601. Development of seamless mobility.

         <DELETED>TITLE I--NATIONAL CABLE FRANCHISING</DELETED>

<DELETED>SEC. 101. NATIONAL CABLE FRANCHISING.</DELETED>

<DELETED>    (a) Amendment.--Part III of title VI of the Communications 
Act of 1934 (47 U.S.C. 541 et seq.) is amended by adding at the end the 
following new section:</DELETED>

<DELETED>``SEC. 630. NATIONAL CABLE FRANCHISING.</DELETED>

<DELETED>    ``(a) National Franchises.--</DELETED>
        <DELETED>    ``(1) Election.--A person or group that is 
        eligible under subsection (d) may elect to obtain a national 
        franchise under this section as authority to provide cable 
        service in a franchise area in lieu of any other authority 
        under Federal, State, or local law to provide cable service in 
        such franchise area. A person or group may not provide cable 
        service under the authority of this section in a franchise area 
        unless such person or group has a franchise under this section 
        that is effective with respect to such franchise area. A 
        franchising authority may not require any person or group that 
        has a national franchise under this section in effect with 
        respect to a franchise area to obtain a franchise under section 
        621 or any other law to provide cable service in such franchise 
        area.</DELETED>
        <DELETED>    ``(2) Certification.--To obtain a national 
        franchise under this section as authority to provide cable 
        service in a franchise area, a person or group shall--
        </DELETED>
                <DELETED>    ``(A) file with the Commission a 
                certification for a national franchise containing the 
                information required by paragraph (3) with respect to 
                such franchise area, if such person or group has not 
                previously obtained a national franchise; or</DELETED>
                <DELETED>    ``(B) file with the Commission a 
                subsequent certification for additional franchise areas 
                containing the information required by paragraph (3) 
                with respect to such additional franchise areas, if 
                such person or group has previously obtained a national 
                franchise.</DELETED>
        <DELETED>    ``(3) Contents of certification.--Such 
        certification shall be in such form as the Commission shall 
        require by regulation and shall contain--</DELETED>
                <DELETED>    ``(A) the name under which such person or 
                group is offering or intends to offer cable 
                service;</DELETED>
                <DELETED>    ``(B) the names and business addresses of 
                the directors and principal executive officers, or the 
                persons performing similar functions, of such person or 
                group;</DELETED>
                <DELETED>    ``(C) the location of such person or 
                group's principal business office;</DELETED>
                <DELETED>    ``(D) the name, business address, 
                electronic mail address, and telephone and fax number 
                of such person or group's local agent;</DELETED>
                <DELETED>    ``(E) a declaration by such person or 
                group that such person or group is eligible under 
                subsection (d) to obtain a national franchise under 
                this section;</DELETED>
                <DELETED>    ``(F) an identification of each franchise 
                area in which such person or group seeks authority to 
                offer cable service pursuant to such certification, 
                which franchise area shall be--</DELETED>
                        <DELETED>    ``(i) the entirety of a franchise 
                        area in which a cable operator is, on the date 
                        of the filing of such certification, authorized 
                        to provide cable service under section 621 or 
                        any other law (including this section); 
                        or</DELETED>
                        <DELETED>    ``(ii) a geographic area that 
                        covers the entirety of the jurisdiction of a 
                        unit of general local government, except that--
                        </DELETED>
                                <DELETED>    ``(I) if the geographic 
                                area overlaps with a franchise area in 
                                which a cable operator is, on such 
                                date, authorized to provide cable 
                                service under section 621 or any other 
                                law, the geographic area identified in 
                                the certification under this clause as 
                                a franchise area shall not include the 
                                overlapping area; and</DELETED>
                                <DELETED>    ``(II) if such geographic 
                                area includes areas that are, 
                                respectively, within the jurisdiction 
                                of different franchising authorities, 
                                the certification shall specify each 
                                such area as a separate franchise 
                                area;</DELETED>
                <DELETED>    ``(G) a declaration that such person or 
                group transmitted, or will transmit on the day of 
                filing such declaration, a copy of such certification 
                to the franchising authority for each franchise area 
                for which such person or group is filing a 
                certification for authority to offer cable service 
                under this section;</DELETED>
                <DELETED>    ``(H) a declaration by the person or group 
                that the person or group will comply with the rights-
                of-way requirements of the franchising authority in 
                accordance with subsection (f); and</DELETED>
                <DELETED>    ``(I) a declaration by the person or group 
                that--</DELETED>
                        <DELETED>    ``(i) the person or group will 
                        comply with all Commission consumer protection 
                        and customer service rules under section 632(b) 
                        (including the rules adopted under section 
                        632(b) pursuant to subsection (g) of this 
                        section); and</DELETED>
                        <DELETED>    ``(ii) the person or group agrees 
                        that such standards may be enforced by the 
                        Commission or by the franchising authority in 
                        accordance with subsection (g) of this 
                        section.</DELETED>
        <DELETED>    ``(4) Local notification; preservation of 
        opportunity to negotiate.--</DELETED>
                <DELETED>    ``(A) Copy to franchising authority.--On 
                the day of filing any certification under paragraph 
                (2)(A) or (B) for a franchise area, the person or group 
                shall transmit a copy of such certification to the 
                franchising authority for such area.</DELETED>
                <DELETED>    ``(B) Negotiated franchise agreements 
                permitted.--Nothing in this section shall prevent a 
                person or group from negotiating a franchise agreement 
                or any other authority to provide cable service in a 
                franchise area under section 621 or any other law. Upon 
                entry into any such negotiated franchise agreement, 
                such negotiated franchise agreement shall apply in lieu 
                of any national franchise held by that person or group 
                under this section for such franchise area.</DELETED>
        <DELETED>    ``(5) Updating of certifications.--A person or 
        group with a certification under this section shall update any 
        information contained in such certification that is no longer 
        accurate and correct.</DELETED>
        <DELETED>    ``(6) Public availability of certifications.--The 
        Commission shall provide for the public availability on the 
        Commission's Internet website or other electronic facility of 
        all current certifications filed under this section.</DELETED>
<DELETED>    ``(b) Effectiveness; Duration.--</DELETED>
        <DELETED>    ``(1) Effectiveness.--A national franchise under 
        this section shall be effective with respect to any franchise 
        area 30 days after the date of the filing of a completed 
        certification under subsection (a)(2)(A) or (B) that applies to 
        such franchise area.</DELETED>
        <DELETED>    ``(2) Duration.--</DELETED>
                <DELETED>    ``(A) In general.--A franchise under this 
                section that applies to a franchise area shall be 
                effective for that franchise area for a term of 10 
                years.</DELETED>
                <DELETED>    ``(B) Renewal.--A franchise under this 
                section for a franchise area shall be renewed 
                automatically upon expiration of the 10-year period 
                described in subparagraph (A).</DELETED>
                <DELETED>    ``(C) Public hearing.--At the request of a 
                franchising authority in a franchise area, a cable 
                operator authorized under this section to provide cable 
                service in such franchise area shall, within the last 
                year of the 10-year period applicable under 
                subparagraph (A) to the cable operator's franchise for 
                such franchise area, participate in a public hearing on 
                the cable operator's performance in the franchise area, 
                including the cable operator's compliance with the 
                requirements of this title. The hearing shall afford 
                the public the opportunity to participate for the 
                purpose of identifying cable-related community needs 
                and interests and assessing the operator's performance. 
                The cable operator shall provide notice to its 
                subscribers of the hearing at least 30 days prior to 
                the hearing. The Commission shall by rule specify the 
                methods by which a franchising authority shall notify a 
                cable operator of the hearing for which its 
                participation is required under this 
                subparagraph.</DELETED>
                <DELETED>    ``(D) Revocation.--A franchise under this 
                section for a franchise area may be revoked by the 
                Commission--</DELETED>
                        <DELETED>    ``(i) for willful or repeated 
                        violation of any Federal or State law, or any 
                        Commission regulation, relating to the 
                        provision of cable service in such franchise 
                        area;</DELETED>
                        <DELETED>    ``(ii) for false statements or 
                        material omissions knowingly made in any filing 
                        with the Commission relating to the provision 
                        of cable service in such franchise 
                        area;</DELETED>
                        <DELETED>    ``(iii) for willful or repeated 
                        violation of the rights-of-way management laws 
                        or regulations of any franchising authority in 
                        such franchise area relating to the provision 
                        of cable service in such franchise area; 
                        or</DELETED>
                        <DELETED>    ``(iv) for willful or repeated 
                        violation of the antidiscrimination requirement 
                        of subsection (h) with respect to such 
                        franchise area.</DELETED>
                <DELETED>    ``(E) Notice.--The Commission shall send a 
                notice of such revocation to each franchising authority 
                with jurisdiction over the franchise areas for which 
                the cable operator's franchise was revoked.</DELETED>
                <DELETED>    ``(F) Reinstatement.--After a revocation 
                under subparagraph (D) of a franchise for a franchise 
                area of any person or group , the Commission may refuse 
                to accept for filing a new certification for authority 
                of such person or group to provide cable service under 
                this section in such franchise area until the 
                Commission determines that the basis of such revocation 
                has been remedied.</DELETED>
                <DELETED>    ``(G) Return to local franchising if cable 
                competition ceases.--</DELETED>
                        <DELETED>    ``(i) If only one cable operator 
                        is providing cable service in a franchise area, 
                        and that cable operator obtained a national 
                        franchise for such franchise area under 
                        subsection (d)(2), the franchising authority 
                        for such franchise area may file a petition 
                        with the Commission requesting that the 
                        Commission terminate such national franchise 
                        for such franchise area.</DELETED>
                        <DELETED>    ``(ii) The Commission shall 
                        provide public notice and opportunity to 
                        comment on such petition. If it finds that the 
                        requirements of clause (i) are satisfied, the 
                        Commission shall issue an order granting such 
                        petition. Such order shall take effect one year 
                        from the date of such grant, if no other cable 
                        operator offers cable service in such area 
                        during that one year. If another cable operator 
                        does offer cable service in such franchise area 
                        during that one year, the Commission shall 
                        rescind such order and dismiss such 
                        petition.</DELETED>
                        <DELETED>    ``(iii) A cable operator whose 
                        national franchise is terminated for such 
                        franchise area under this subparagraph may 
                        obtain new authority to provide cable service 
                        in such franchise area under this section, 
                        section 621, or any other law, if and when 
                        eligible.</DELETED>
<DELETED>    ``(c) Requirements of National Franchise.--A national 
franchise shall contain the following requirements:</DELETED>
        <DELETED>    ``(1) Franchise fee.--A cable operator authorized 
        under this section to provide cable service in a franchise area 
        shall pay to the franchising authority in such franchise area a 
        franchise fee of up to 5 percent (as determined by the 
        franchising authority) of such cable operator's gross revenues 
        from the provision of cable service under this section in such 
        franchise area. Such payment shall be assessed and collected in 
        a manner consistent with section 622 and the definitions of 
        gross revenues and franchise fee in this section.</DELETED>
        <DELETED>    ``(2) PEG/I-net requirements.--A cable operator 
        authorized under this section to provide cable service in a 
        franchise area shall comply with the requirements of subsection 
        (e).</DELETED>
        <DELETED>    ``(3) Rights-of-way.--A cable operator authorized 
        under this section to provide cable service in a franchise area 
        shall comply with the rights-of-way requirements of the 
        franchising authority under subsection (f).</DELETED>
        <DELETED>    ``(4) Consumer protection and customer service 
        standards.--A cable operator authorized under this section to 
        provide cable service in a franchise area shall comply with the 
        consumer protection and customer service standards established 
        by the Commission under section 632(b).</DELETED>
        <DELETED>    ``(5) Child pornography.--A cable operator 
        authorized under this section to provide cable service in a 
        franchise area shall comply with the regulations on child 
        pornography promulgated pursuant to subsection (i).</DELETED>
<DELETED>    ``(d) Eligibility for National Franchises.--The following 
persons or groups are eligible to obtain a national franchise under 
this section:</DELETED>
        <DELETED>    ``(1) Commencement of service after enactment.--A 
        person or group that is not providing cable service in a 
        franchise area on the date of enactment of this section under 
        section 621 or any other law may obtain a national franchise 
        under this section to provide cable service in such franchise 
        area.</DELETED>
        <DELETED>    ``(2) Existing providers of cable service.--A 
        person or group that is providing cable service in a franchise 
        area on the date of enactment of this section under section 621 
        or any other law may obtain a franchise under this section to 
        provide cable service in such franchise area if, on the date 
        that the national franchise becomes effective, another person 
        or group is providing cable service under this section, section 
        621, or any other law in such franchise area.</DELETED>
<DELETED>    ``(e) Public, Educational, and Governmental Use.--
</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraph (3), a 
        cable operator with a national franchise for a franchise area 
        under this section shall provide channel capacity for public, 
        educational, and governmental use that is not less than the 
        channel capacity required of the cable operator with the most 
        subscribers in such franchise area on the effective date of 
        such national franchise. If there is no other cable operator in 
        such franchise area on the effective date of such national 
        franchise, or there is no other cable operator in such 
        franchise area on such date that is required to provide channel 
        capacity for public, educational, and governmental use, the 
        cable operator shall provide the amount of channel capacity for 
        such use as determined by Commission rule.</DELETED>
        <DELETED>    ``(2) PEG and i-net financial support.--A cable 
        operator with a national franchise under this section for a 
        franchise area shall pay an amount equal to 1 percent of the 
        cable operator's gross revenues (as such term is defined in 
        this section) in the franchise area to the franchising 
        authority for the support of public, educational, and 
        governmental use and institutional networks (as such term is 
        defined in section 611(f)). Such payment shall be assessed and 
        collected in a manner consistent with section 622, including 
        the authority of the cable operator to designate that portion 
        of a subscriber's bill attributable to such payment. A cable 
        operator that provided cable service in a franchise area on the 
        date of enactment of this section and that obtains a national 
        franchise under this section shall continue to provide any 
        institutional network that it was required to provide on the 
        day before its national franchise became effective in such 
        franchise area under section 621 or any other law. 
        Notwithstanding section 621(b)(3)(D), a franchising authority 
        may not require a cable operator franchised under this section 
        to construct a new institutional network.</DELETED>
        <DELETED>    ``(3) Adjustment.--Every 10 years after the 
        commencement of a franchise under this section for a franchise 
        area, a franchising authority may require a cable operator 
        authorized under such franchise to increase the channel 
        capacity designated for public, educational, or governmental 
        use, and the channel capacity designated for such use on any 
        institutional networks required under paragraph (2). Such 
        increase shall not exceed the higher of--</DELETED>
                <DELETED>    ``(A) one channel; or</DELETED>
                <DELETED>    ``(B) 10 percent of the public, 
                educational, or governmental channel capacity required 
                of that operator prior to the increase.</DELETED>
        <DELETED>    ``(4) Transmission and production of 
        programming.--</DELETED>
                <DELETED>    ``(A) A cable operator franchised under 
                this section shall ensure that any public, educational, 
                or governmental programming carried by the cable 
                operator under this section within a franchise area is 
                available to all of its subscribers in such franchise 
                area.</DELETED>
                <DELETED>    ``(B) The production of any programming 
                provided under this subsection shall be the 
                responsibility of the franchising authority.</DELETED>
                <DELETED>    ``(C) A cable operator franchised under 
                this section shall be responsible for the transmission 
                from the signal origination point (or points) of the 
                programming, or from the point of interconnection with 
                another cable operator under subparagraph (D), to the 
                cable operator's subscribers, of any public, 
                educational, or governmental programming produced by or 
                for the franchising authority and carried by the cable 
                operator pursuant to this section.</DELETED>
                <DELETED>    ``(D) Unless two cable operators otherwise 
                agree to the terms for interconnection and cost 
                sharing, such cable operators shall, if at least one of 
                the operators is providing cable service in the 
                franchise area pursuant to a franchise under this 
                section, comply with regulations prescribed by the 
                Commission providing for--</DELETED>
                        <DELETED>    ``(i) the interconnection between 
                        two cable operators in a franchise area for 
                        transmission of public, educational, or 
                        governmental programming, without material 
                        deterioration in signal quality or 
                        functionality; and</DELETED>
                        <DELETED>    ``(ii) the reasonable allocation 
                        of the costs of such interconnection between 
                        such cable operators.</DELETED>
                <DELETED>    ``(E) A cable operator shall display the 
                program information for public, educational, or 
                governmental programming carried under this subsection 
                in any print or electronic program guide in the same 
                manner in which it displays program information for 
                other video programming in the franchise area. The 
                cable operator shall not omit such public, educational, 
                or governmental programming from any navigational 
                device, guide, or menu containing other video 
                programming that is available to subscribers in the 
                franchise area.</DELETED>
<DELETED>    ``(f) Rights-of-Way.--</DELETED>
        <DELETED>    ``(1) Authority to use.--Any franchise under this 
        section for a franchise area shall be construed to authorize 
        the construction of a cable system over public rights-of-way, 
        and through easements, which is within the area to be served by 
        the cable system and which have been dedicated for compatible 
        uses, except that in using such easements the cable operator 
        shall ensure that--</DELETED>
                <DELETED>    ``(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 cable system;</DELETED>
                <DELETED>    ``(B) the cost of the installation, 
                construction, operation, or removal of such facilities 
                be borne by the cable operator or subscriber, or a 
                combination of both; and</DELETED>
                <DELETED>    ``(C) the owner of the property be justly 
                compensated by the cable operator for any damages 
                caused by the installation, construction, operation, or 
                removal of such facilities by the cable 
                operator.</DELETED>
        <DELETED>    ``(2) Management of public rights-of-way.--Nothing 
        in this section affects the authority of a State or local 
        government (including a franchising authority) over a person or 
        group in their capacity as a cable operator with a franchise 
        under this section to manage, on a reasonable, competitively 
        neutral, and non-discriminatory basis, the public rights-of-
        way, and easements that have been dedicated for compatible 
        uses. A State or local government (including a franchising 
        authority) may, on a reasonable, competitively neutral, and 
        non-discriminatory basis--</DELETED>
                <DELETED>    ``(A) impose charges for such management; 
                and</DELETED>
                <DELETED>    ``(B) require compliance with such 
                management, such charges, and paragraphs (1)(A), (B), 
                and (C).</DELETED>
<DELETED>    ``(g) Consumer Protection and Customer Service.--
</DELETED>
        <DELETED>    ``(1) National standards.--Notwithstanding section 
        632(d), no State or local law (including any regulation) shall 
        impose on a cable operator franchised under this section any 
        consumer protection or customer service requirements other than 
        consumer protection or customer service requirements of general 
        applicability.</DELETED>
        <DELETED>    ``(2) Proceeding.--Within 120 days after the date 
        of enactment of this section, the Commission shall issue a 
        report and order that updates for cable operators franchised 
        under this section the national consumer protection and 
        customer service rules under section 632(b), taking into 
        consideration the national nature of a franchise under this 
        section and the role of State and local governments in 
        enforcing, but not creating, consumer protection and customer 
        service standards for cable operators franchised under this 
        section.</DELETED>
        <DELETED>    ``(3) Requirements of new rules.--</DELETED>
                <DELETED>    ``(A) Such rules shall, in addition to the 
                requirements of section 632(b), address, with 
                specificity, no less than the following consumer 
                protection and customer service issues:</DELETED>
                        <DELETED>    ``(i) Billing, billing disputes, 
                        and discontinuation of service, including when 
                        and how any late fees may be assessed (but not 
                        the amount of such fees).</DELETED>
                        <DELETED>    ``(ii) Loss of service or service 
                        quality.</DELETED>
                        <DELETED>    ``(iii) Changes in channel lineups 
                        or other cable services and features.</DELETED>
                        <DELETED>    ``(iv) Availability of parental 
                        control options.</DELETED>
                <DELETED>    ``(B) The Commission's revised consumer 
                protection rules shall provide for forfeiture 
                penalties, or customer rebates, refunds or credits, or 
                both, and shall establish forfeiture, rebate, refund, 
                and credit guidelines with respect to violations of 
                such rules. Such guidelines shall--</DELETED>
                        <DELETED>    ``(i) provide for increased 
                        forfeiture penalties for repeated violations of 
                        the standards in such rules; and</DELETED>
                        <DELETED>    ``(ii) establish procedures by 
                        which any forfeiture penalty assessed by the 
                        Commission under this subsection shall be paid 
                        by the cable operator directly to the 
                        franchising authority affected by the 
                        violation.</DELETED>
        <DELETED>    ``(4) Complaints.--</DELETED>
                <DELETED>    ``(A) In general.--Any person may file a 
                complaint with respect to an alleged violation of the 
                Commission's revised consumer protection rules in a 
                franchise area by a cable operator franchised under 
                this section--</DELETED>
                        <DELETED>    ``(i) with the franchising 
                        authority in such area; or</DELETED>
                        <DELETED>    ``(ii) with the 
                        Commission.</DELETED>
                <DELETED>    ``(B) Local franchising authority 
                procedure.--On its own motion or at the request of any 
                person, a franchising authority for a franchise area 
                may--</DELETED>
                        <DELETED>    ``(i) initiate its own complaint 
                        proceeding with respect to such an alleged 
                        violation; or</DELETED>
                        <DELETED>    ``(ii) file a complaint with the 
                        Commission regarding such an alleged 
                        violation.</DELETED>
                <DELETED>    ``(C) Timing.--The Commission or the 
                franchising authority conducting a proceeding under 
                this paragraph shall render a decision on any complaint 
                filed under this paragraph within 90 days of its 
                filing.</DELETED>
        <DELETED>    ``(5) Local franchising orders.--</DELETED>
                <DELETED>    ``(A) Requiring compliance.--In a 
                proceeding commenced by a franchising authority, a 
                franchising authority may issue an order requiring 
                compliance with the Commission's revised consumer 
                protection rules, but a franchising authority may not 
                create any new standard or regulation, or expand upon 
                or modify the Commission's revised consumer protection 
                rules.</DELETED>
                <DELETED>    ``(B) Access to records.--In such a 
                proceeding, the franchising authority may issue an 
                order requiring the filing of any data, documents, or 
                records (including any contract, agreement, or 
                arrangement between the subscriber and the cable 
                operator) that are directly related to the alleged 
                violation.</DELETED>
                <DELETED>    ``(C) Cost of franchising authority 
                orders.--A franchising authority may charge a cable 
                operator franchised under this section a nominal fee to 
                cover the costs of issuing orders under this 
                paragraph.</DELETED>
        <DELETED>    ``(6) Commission remedies; appeals.--</DELETED>
                <DELETED>    ``(A) Remedies.--An order of a franchising 
                authority under this subsection shall be enforced by 
                the Commission under this Act if--</DELETED>
                        <DELETED>    ``(i) the order is not appealed to 
                        the Commission;</DELETED>
                        <DELETED>    ``(ii) the Commission does not 
                        agree to grant review during the 30-day period 
                        described in subparagraph (B); or</DELETED>
                        <DELETED>    ``(iii) the order is sustained on 
                        appeal by the Commission.</DELETED>
                <DELETED>    ``(B) Appeals.--Any party may file a 
                notice of appeal of an order of a franchising authority 
                under this subsection with the Commission, and shall 
                transmit a copy of such notice to the other parties to 
                the franchising authority proceeding. Such appeal shall 
                be deemed denied at the end of the 30-day period 
                beginning on the date of the filing unless the 
                Commission agrees within such period to grant review of 
                the appeal.</DELETED>
                <DELETED>    ``(C) Timing.--After the filing of a 
                notice of appeal under subparagraph (B), if such notice 
                is not denied by operation of such subparagraph, the 
                Commission shall render a decision within 90 days of 
                such filing.</DELETED>
        <DELETED>    ``(7) Annual report.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 1 year 
                after the date of enactment of this section, and 
                annually thereafter, 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 on the 
                implementation of this subsection, including the 
                following:</DELETED>
                        <DELETED>    ``(i) The number of complaints 
                        filed with franchising authorities under clause 
                        (4)(A)(i).</DELETED>
                        <DELETED>    ``(ii) Any trends concerning 
                        complaints, such as increases in the number of 
                        particular types of complaints or in new types 
                        of complaints.</DELETED>
                        <DELETED>    ``(iii) The timeliness of the 
                        response of such franchising authorities and 
                        the results of the complaints filed with such 
                        franchising authorities, if not appealed to the 
                        Commission.</DELETED>
                        <DELETED>    ``(iv) The number of complaints 
                        filed with the Commission under clause 
                        (4)(A)(ii).</DELETED>
                        <DELETED>    ``(v) The number of appeals filed 
                        with the Commission under paragraph (6)(B) and 
                        the number of such appeals which the Commission 
                        agreed to hear.</DELETED>
                        <DELETED>    ``(vi) The timeliness of the 
                        Commission's responses to such complaints and 
                        appeals.</DELETED>
                        <DELETED>    ``(vii) The results of such 
                        complaints and appeals filed with the 
                        Commission.</DELETED>
                <DELETED>    ``(B) Submission of information by 
                franchising authorities.--The Commission may request 
                franchising authorities to submit information about the 
                complaints filed with the franchising authorities under 
                subparagraph (4)(A)(i), including the number of such 
                complaints and the timeliness of the response and the 
                results of such complaints.</DELETED>
        <DELETED>    ``(8) Definition.--For purposes of this 
        subsection, the term `Commission's revised consumer protection 
        rules' means the national consumer protection and customer 
        service rules under section 632(b) as revised by the Commission 
        pursuant to paragraph (2) of this subsection.</DELETED>
<DELETED>    ``(h) Antidiscrimination.--</DELETED>
        <DELETED>    ``(1) Prohibition.--A cable operator with a 
        national franchise under this section to provide cable service 
        in a franchise area shall not deny access to its cable service 
        to any group of potential residential cable service subscribers 
        in such franchise area because of the income of that 
        group.</DELETED>
        <DELETED>    ``(2) Enforcement.--</DELETED>
                <DELETED>    ``(A) Complaint.--If a franchising 
                authority in a franchise area has reasonable cause to 
                believe that a cable operator is in violation of this 
                subsection with respect to such franchise area, the 
                franchising authority may, after complying with 
                subparagraph (B), file a complaint with the Commission 
                alleging such violation.</DELETED>
                <DELETED>    ``(B) Notice by franchising authority.--
                Before filing a complaint with the Commission under 
                subparagraph (A), a franchising authority--</DELETED>
                        <DELETED>    ``(i) shall give notice of each 
                        alleged violation to the cable 
                        operator;</DELETED>
                        <DELETED>    ``(ii) shall provide a period of 
                        not less than 30 days for the cable operator to 
                        respond to such allegations; and</DELETED>
                        <DELETED>    ``(iii) during such period, may 
                        require the cable operator to submit a written 
                        response stating the reasons why the operator 
                        has not violated this subsection.</DELETED>
                <DELETED>    ``(C) Biannual report.--A cable operator 
                with a national franchise under this section for a 
                franchise area, not later than 180 days after the 
                effective date of such national franchise, and 
                biannually thereafter, shall submit a report to the 
                Commission and the franchising authority in the 
                franchise area--</DELETED>
                        <DELETED>    ``(i) identifying the geographic 
                        areas in the franchise area where the cable 
                        operator offers cable service; and</DELETED>
                        <DELETED>    ``(ii) describing the cable 
                        operator's progress in extending cable service 
                        to other areas in the franchise area.</DELETED>
                <DELETED>    ``(D) Notice by commission.--Upon receipt 
                of a complaint under this paragraph alleging a 
                violation of this subsection by a cable operator, the 
                Commission shall give notice of the complaint to the 
                cable operator.</DELETED>
                <DELETED>    ``(E) Investigation.--In investigating a 
                complaint under this paragraph, the Commission may 
                require a cable operator to disclose to the Commission 
                such information and documents as the Commission deems 
                necessary to determine whether the cable operator is in 
                compliance with this subsection. The Commission shall 
                maintain the confidentiality of any information or 
                document collected under this subparagraph.</DELETED>
                <DELETED>    ``(F) Deadline for resolution of 
                complaints.--Not more than 60 days after the Commission 
                receives a complaint under this paragraph, the 
                Commission shall issue a determination with respect to 
                each violation alleged in the complaint.</DELETED>
                <DELETED>    ``(G) Determination.--If the Commission 
                determines (in response to a complaint under this 
                paragraph or on its own initiative) that a cable 
                operator with a franchise under this section to provide 
                cable service in a franchise area has denied access to 
                its cable service to a group of potential residential 
                cable service subscribers in such franchise area 
                because of the income of that group, the Commission 
                shall ensure that the cable operator extends access to 
                that group within a reasonable period of 
                time.</DELETED>
                <DELETED>    ``(H) Remedies.--</DELETED>
                        <DELETED>    ``(i) In general.--This subsection 
                        shall be enforced by the Commission under 
                        titles IV and V.</DELETED>
                        <DELETED>    ``(ii) Maximum forfeiture 
                        penalty.--For purposes of section 503, the 
                        maximum forfeiture penalty applicable to a 
                        violation of this subsection shall be $750,000 
                        for each day of the violation.</DELETED>
                        <DELETED>    ``(iii) Payment of penalties to 
                        franchising authority.--The Commission shall 
                        order any cable operator subject to a 
                        forfeiture penalty under this subsection to pay 
                        the penalty directly to the franchising 
                        authority involved.</DELETED>
<DELETED>    ``(i) Child Pornography.--Not later than 180 days after 
the date of enactment of this section, the Commission shall promulgate 
regulations to require a cable operator with a national franchise under 
this section to prevent the distribution of child pornography (as such 
term is defined in section 254(h)(7)(F)) over its network.</DELETED>
<DELETED>    ``(j) Leased Access.--The provisions of section 612(i) 
regarding the carriage of programming from a qualified minority 
programming source or from any qualified educational programming source 
shall apply to a cable operator franchised under this section to 
provide cable service in a franchise area.</DELETED>
<DELETED>    ``(k) Applicability of Other Provisions.--The provisions 
of this title that apply to a cable operator shall apply in a franchise 
area to a person or group with a national franchise under this section 
to provide cable service in such franchise area, except that the 
following sections shall not apply in a franchise area to a person or 
group franchised under this section in such franchise area, or confer 
any authority to regulate or impose obligations on such person or group 
in such franchise area: Sections 611(a), 611(b), 611(c), 613(a), 617, 
621 (other than subsections (b)(3)(A), (b)(3)(B), (b)(3)(C), and (c)), 
624(b), 624(c), 624(h), 625, 626, 627, and 632(a).</DELETED>
<DELETED>    ``(l) Emergency Alerts.--Nothing in this section shall be 
construed to prohibit a State or local government from accessing the 
emergency alert system of a cable operator with a franchise under this 
section in the area served by the State or local government to transmit 
local or regional emergency alerts.</DELETED>
<DELETED>    ``(m) Reporting, Records, and Audits.--</DELETED>
        <DELETED>    ``(1) Reporting.--A cable operator with a 
        franchise under this section to provide cable service in a 
        franchise area shall make such periodic reports to the 
        Commission and the franchising authority for such franchise 
        area as the Commission may require to verify compliance with 
        the fee obligations of subsections (c)(1) and (e)(2).</DELETED>
        <DELETED>    ``(2) Availability of books and records.--Upon 
        request under paragraph (3) by a franchising authority for a 
        franchise area, and upon request by the Commission, a cable 
        operator with a national franchise for such franchise area 
        shall make available its books and records to periodic audit by 
        such franchising authority or the Commission, 
        respectively.</DELETED>
        <DELETED>    ``(3) Franchising authority audit procedure.--A 
        franchising authority may, upon reasonable written request, but 
        no more than once in any 12-month period, review the business 
        records of such cable operator to the extent reasonably 
        necessary to ensure payment of the fees required by subsections 
        (c)(1) and (e)(2). Such review may include the methodology used 
        by such cable operator to assign portions of the revenue from 
        cable service that may be bundled or functionally integrated 
        with other services, capabilities, or applications. Such review 
        shall be conducted in accordance with procedures established by 
        the Commission.</DELETED>
        <DELETED>    ``(4) Cost recovery.--</DELETED>
                <DELETED>    ``(A) To the extent that the review under 
                paragraph (3) identifies an underpayment of an amount 
                meeting the minimum percentage specified in 
                subparagraph (B) of the fee required under subsection 
                (c)(1) or (e)(2) for the period of review, the cable 
                operator shall reimburse the franchising authority the 
                reasonable costs of any such review conducted by an 
                independent third party, as determined by the 
                Commission, with respect to such fee. The costs of any 
                contingency fee arrangement between the franchising 
                authority and the independent reviewer shall not be 
                subject to reimbursement.</DELETED>
                <DELETED>    ``(B) The Commission shall determine by 
                rule the minimum percentage underpayment that requires 
                cost reimbursement under subparagraph (A).</DELETED>
        <DELETED>    ``(5) Limitation.--Any fee that is not reviewed by 
        a franchising authority within 3 years after it is paid or 
        remitted shall not be subject to later review by the 
        franchising authority under this subsection and shall be deemed 
        accepted in full payment by the franchising 
        authority.</DELETED>
        <DELETED>    ``(6) Fee dispute resolution.--</DELETED>
                <DELETED>    ``(A) Complaint.--A franchising authority 
                or a cable operator may file a complaint at the 
                Commission to resolve a dispute between such authority 
                and operator with respect to the amount of any fee 
                required under subsection (c)(1) or (e)(2) if--
                </DELETED>
                        <DELETED>    ``(i) the franchising authority or 
                        the cable operator provides the other entity 
                        written notice of such dispute; and</DELETED>
                        <DELETED>    ``(ii) the franchising authority 
                        and the cable operator have not resolved the 
                        dispute within 90 calendar days after receipt 
                        of such notice.</DELETED>
                <DELETED>    ``(B) Meetings.--Within 30 calendar days 
                after receipt of notice of a dispute provided pursuant 
                to subparagraph (A)(i), representatives of the 
                franchising authority and the cable operator, with 
                authority to resolve the dispute, shall meet to attempt 
                to resolve the dispute.</DELETED>
                <DELETED>    ``(C) Limitation.--A complaint under 
                subparagraph (A) shall be filed not later than 3 years 
                after the end of the period to which the disputed 
                amount relates, unless such time is extended by written 
                agreement between the franchising authority and cable 
                operator.</DELETED>
                <DELETED>    ``(D) Resolution.--The Commission shall 
                issue an order resolving any complaint filed under 
                subparagraph (A) within 90 days of filing.</DELETED>
<DELETED>    ``(n) Access to Programming for Shared Facilities.--
</DELETED>
        <DELETED>    ``(1) Prohibition.--A cable programming vendor in 
        which a cable operator has an attributable interest shall not 
        deny a cable operator with a national franchise under this 
        section access to video programming solely because such cable 
        operator with a national franchise uses a headend for its cable 
        system that is also used, under a shared ownership or leasing 
        agreement, as the headend for another cable system.</DELETED>
        <DELETED>    ``(2) Definition.--The term `cable programming 
        vendor' means a person engaged in the production, creation, or 
        wholesale distribution for sale of video programming which is 
        primarily intended for the direct receipt by cable operators 
        for their retransmission to cable subscribers.</DELETED>
<DELETED>    ``(o) Gross Revenues.--As used in this section:</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraphs (2) and 
        (3), the term `gross revenues' means all consideration of any 
        kind or nature, including cash, credits, property, and in-kind 
        contributions (services or goods) received by the cable 
        operator from the provision of cable service within the 
        franchise area.</DELETED>
        <DELETED>    ``(2) Included items.--Subject to paragraph (3), 
        the term `gross revenues' shall include the 
        following:</DELETED>
                <DELETED>    ``(A) all charges and fees paid by 
                subscribers for the provision of cable service, 
                including fees attributable to cable service when sold 
                individually or as part of a package or bundle, or 
                functionally integrated, with services other than cable 
                service;</DELETED>
                <DELETED>    ``(B) any franchise fee imposed on the 
                cable operator that is passed on to 
                subscribers;</DELETED>
                <DELETED>    ``(C) compensation received by the cable 
                operator for promotion or exhibition of any products or 
                services over the cable service, such as on `home 
                shopping' or similar programming;</DELETED>
                <DELETED>    ``(D) revenue received by the cable 
                operator as compensation for carriage of video 
                programming or other programming service on that 
                operator's cable service;</DELETED>
                <DELETED>    ``(E) all revenue derived from the cable 
                operator's cable service pursuant to compensation 
                arrangements for advertising; and</DELETED>
                <DELETED>    ``(F) any advertising commissions paid to 
                an affiliated third party for cable services 
                advertising.</DELETED>
        <DELETED>    ``(3) Excluded items.--The term `gross revenues' 
        shall not include the following:</DELETED>
                <DELETED>    ``(A) any revenue not actually received, 
                even if billed, such as bad debt net of any recoveries 
                of bad debt;</DELETED>
                <DELETED>    ``(B) refunds, rebates, credits, or 
                discounts to subscribers or a municipality to the 
                extent not already offset by subparagraph (A) and to 
                the extent such refund, rebate, credit, or discount is 
                attributable to the cable service;</DELETED>
                <DELETED>    ``(C) subject to paragraph (4), any 
                revenues received by the cable operator or its 
                affiliates from the provision of services or 
                capabilities other than cable service, including 
                telecommunications services, Internet access services, 
                and services, capabilities, and applications that may 
                be sold as part of a package or bundle, or functionally 
                integrated, with cable service;</DELETED>
                <DELETED>    ``(D) any revenues received by the cable 
                operator or its affiliates for the provision of 
                directory or Internet advertising, including yellow 
                pages, white pages, banner advertisement, and 
                electronic publishing;</DELETED>
                <DELETED>    ``(E) any amounts attributable to the 
                provision of cable service to customers at no charge, 
                including the provision of such service to public 
                institutions without charge;</DELETED>
                <DELETED>    ``(F) any tax, fee, or assessment of 
                general applicability imposed on the customer or the 
                transaction by a Federal, State, or local government or 
                any other governmental entity, collected by the 
                provider, and required to be remitted to the taxing 
                entity, including sales and use taxes and utility user 
                taxes;</DELETED>
                <DELETED>    ``(G) any forgone revenue from the 
                provision of cable service at no charge to any person, 
                except that any forgone revenue exchanged for trades, 
                barters, services, or other items of value shall be 
                included in gross revenue;</DELETED>
                <DELETED>    ``(H) sales of capital assets or surplus 
                equipment;</DELETED>
                <DELETED>    ``(I) reimbursement by programmers of 
                marketing costs actually incurred by the cable operator 
                for the introduction of new programming; and</DELETED>
                <DELETED>    ``(J) the sale of cable services for 
                resale to the extent the purchaser certifies in writing 
                that it will resell the service and pay a franchise fee 
                with respect thereto.</DELETED>
        <DELETED>    ``(4) Functionally integrated services.--In the 
        case of a cable service that is bundled or integrated 
        functionally with other services, capabilities, or 
        applications, the portion of the cable operator's revenue 
        attributable to such other services, capabilities, or 
        applications shall be included in gross revenue unless the 
        cable operator can reasonably identify the division or 
        exclusion of such revenue from its books and records that are 
        kept in the regular course of business.</DELETED>
        <DELETED>    ``(5) Affiliate revenue.--Revenue of an affiliate 
        shall be included in the calculation of gross revenues to the 
        extent the treatment of such revenue as revenue of the 
        affiliate has the effect (whether intentional or unintentional) 
        of evading the payment of franchise fees which would otherwise 
        be paid for cable service.</DELETED>
        <DELETED>    ``(6) Affect on other law.--Nothing in this 
        section is intended to limit a franchising authority's rights 
        pursuant to section 622(h).</DELETED>
<DELETED>    ``(p) Additional Definitions.--For purposes of this 
section:</DELETED>
        <DELETED>    ``(1) Cable operator.--The term `cable operator' 
        has the meaning provided in section 602(5) except that such 
        term also includes a person or group with a national franchise 
        under this section.</DELETED>
        <DELETED>    ``(2) Franchise fee.--</DELETED>
                <DELETED>    ``(A) The term `franchise fee' includes 
                any fee or assessment of any kind imposed by a 
                franchising authority or other governmental entity on a 
                person or group providing cable service in a franchise 
                area under this section, or on a subscriber of such 
                person or group, or both, solely because of their 
                status as such.</DELETED>
                <DELETED>    ``(B) The term `franchise fee' does not 
                include--</DELETED>
                        <DELETED>    ``(i) any tax, fee, or assessment 
                        of general applicability (including any such 
                        tax, fee, or assessment imposed on both 
                        utilities and a person or group providing cable 
                        service in a franchise area under this section 
                        (or the services of such person or group) but 
                        not including a fee or assessment which is 
                        unduly discriminatory against such person or 
                        group or the subscribers of such person or 
                        group);</DELETED>
                        <DELETED>    ``(ii) any fee assessed under 
                        subsection (e)(2) for support of public, 
                        educational, and governmental use and 
                        institutional networks (as such term is defined 
                        in section 611(f));</DELETED>
                        <DELETED>    ``(iii) requirements or charges 
                        under subsection (f)(2) for the management of 
                        public rights-of-way, including payments for 
                        bonds, security funds, letters of credit, 
                        insurance, indemnification, penalties, or 
                        liquidated damages; or</DELETED>
                        <DELETED>    ``(iv) any fee imposed under title 
                        17, United States Code.</DELETED>
        <DELETED>    ``(3) Internet access service.--The term `Internet 
        access service' means a service that enables users to access 
        content, information, electronic mail, or other services 
        offered over the Internet.</DELETED>
        <DELETED>    ``(4) Unit of general local government.--The term 
        `unit of general local government' means--</DELETED>
                <DELETED>    ``(A) a county, township, city, or 
                political subdivision of a county, township, or 
                city;</DELETED>
                <DELETED>    ``(B) the District of Columbia; 
                or</DELETED>
                <DELETED>    ``(C) the recognized governing body of an 
                Indian tribe or Alaskan Native village that carries out 
                substantial governmental duties and 
                powers.''.</DELETED>
<DELETED>    (b) Implementing Regulations.--The Federal Communications 
Commission shall prescribe regulations to implement the amendment made 
by subsection (a) within 120 days after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 102. DEFINITIONS.</DELETED>

<DELETED>     Section 602 of the Communications Act of 1934 (47 U.S.C. 
522) is amended--</DELETED>
        <DELETED>    (1) in paragraph (4), by inserting before the 
        semicolon at the end the following: ``, or its equivalent as 
        determined by the Commission'';</DELETED>
        <DELETED>    (2) in paragraph (5)(A), by inserting 
        ``(regardless of whether such person or group provides such 
        service separately or combined with a telecommunications 
        service or information service)'' after ``over a cable 
        system'';</DELETED>
        <DELETED>    (3) by striking paragraph (6) and inserting the 
        following:</DELETED>
        <DELETED>    ``(6) the term `cable service' means--</DELETED>
                <DELETED>    ``(A)(i) the one-way transmission to 
                subscribers of (I) video programming, or (II) other 
                programming service; and</DELETED>
                <DELETED>    ``(ii) subscriber interaction, if any, 
                which is required for the selection or use of such 
                video programming or other programming service; 
                or</DELETED>
                <DELETED>    ``(B) the transmission to subscribers of 
                video programming or other programming service provided 
                through wireline facilities located at least in part in 
                the public rights-of-way, without regard to delivery 
                technology, including Internet protocol technology, 
                except to the extent that such video programming or 
                other programming service is provided as part of--
                </DELETED>
                        <DELETED>    ``(i) a commercial mobile service 
                        (as such term is defined in section 332(d)); 
                        or</DELETED>
                        <DELETED>    ``(ii) an Internet access service 
                        (as such term is defined in section 
                        630(p));'';</DELETED>
        <DELETED>    (4) in paragraph (7)(D), by inserting after 
        ``section 653 of this title'' the following; ``except in a 
        franchise area in which such system is used to provide cable 
        service under a national franchise pursuant to section 
        630'';</DELETED>
        <DELETED>    (5) in paragraph (9)--</DELETED>
                <DELETED>    (A) by inserting ``(A)'' after ``means''; 
                and</DELETED>
                <DELETED>    (B) by inserting before the semicolon at 
                the end the following: ``; and (B) a national franchise 
                that is effective under section 630 on the basis of a 
                certification with the Commission''; and</DELETED>
        <DELETED>    (6) in paragraph (10), by inserting before the 
        semicolon at the end the following: ``, but does not include 
        the Commission with respect to a national franchise under 
        section 630''.</DELETED>

<DELETED>SEC. 103. MONITORING AND REPORTING.</DELETED>

<DELETED>    (a) Report on Cable Service Deployment.--The Federal 
Communications Commission shall, commencing not later than one year 
after the date of enactment of this Act, issue a report annually on the 
deployment of cable service pursuant to the amendments made by this 
title. In its report, the Commission shall describe in detail--
</DELETED>
        <DELETED>    (1) with respect to deployment by new cable 
        operators--</DELETED>
                <DELETED>    (A) the progress of deployment of such 
                service within the telephone service area of cable 
                operators, if the operator is also an incumbent local 
                exchange carrier, including a comparison with the 
                progress of deployment of broadband services not 
                defined as cable services within such telephone service 
                area;</DELETED>
                <DELETED>    (B) the number of franchise areas in which 
                such service is being deployed and offered;</DELETED>
                <DELETED>    (C) where such service is not being 
                deployed and offered; and</DELETED>
                <DELETED>    (D) the number and locations of franchise 
                areas in which the cable operator is serving only a 
                portion of the franchise area, and the extent of such 
                service within the franchise area;</DELETED>
        <DELETED>    (2) the number and locations of franchise areas in 
        which a cable operator with a franchise under section 621 of 
        the Communications Act of 1934 (47 U.S.C. 541) on the date of 
        enactment of this Act withdraws service from any portion of the 
        franchise area for which it previously offered service, and the 
        extent of such withdrawal of service within the franchise 
        area;</DELETED>
        <DELETED>    (3) the rates generally charged for cable 
        service;</DELETED>
        <DELETED>    (4) the rates charged by overlapping, competing 
        multichannel video programming distributors and by competing 
        cable operators for comparable service or cable 
        service;</DELETED>
        <DELETED>    (5) the average household income of those 
        franchise areas or portions of franchise areas where cable 
        services is being offered, and the average household income of 
        those franchise areas, or portions of franchise areas, where 
        cable service is not being offered;</DELETED>
        <DELETED>    (6) the proportion of rural households to urban 
        households, as defined by the Bureau of the Census, in those 
        franchise areas or portions of franchise areas where cable 
        service is being offered, and the proportion of rural 
        households to urban households in those franchise areas or 
        portions of franchise areas where cable service is not being 
        offered, including a State-by-State breakdown of such data and 
        a comparison with the overall ratio of rural and urban 
        households in each State; and</DELETED>
        <DELETED>    (7) a comparison of the services and rates in 
        areas served by national franchisees under section 630 of the 
        Communications Act of 1934 (as added by section 101 of this 
        Act) and the services and rates in other areas.</DELETED>
<DELETED>    (b) Cable Operator Reports.--The Federal Communications 
Commission is authorized--</DELETED>
        <DELETED>    (1) to require cable operators to report to the 
        Commission all of the information that the Commission needs to 
        compile the report required by this section; and</DELETED>
        <DELETED>    (2) to require cable operators to file the same 
        information with the relevant franchising authorities and State 
        commissions.</DELETED>

<DELETED>SEC. 104. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    Nothing in this Act or the amendments made by this Act 
shall affect the application or interpretation of section 224 of the 
Communications Act of 1934 (47 U.S.C. 224).</DELETED>

 <DELETED>TITLE II--ENFORCEMENT OF BROADBAND POLICY STATEMENT</DELETED>

<DELETED>SEC. 201. ENFORCEMENT OF BROADBAND POLICY STATEMENT.</DELETED>

<DELETED>    Title VII of the Communications Act of 1934 (47 U.S.C. 601 
et seq.) is amended by adding at the end the following new 
section:</DELETED>

<DELETED>``SEC. 715. ENFORCEMENT OF BROADBAND POLICY 
              STATEMENT.</DELETED>

<DELETED>    ``(a) Authority.--The Commission shall have the authority 
to enforce the Commission's broadband policy statement and the 
principles incorporated therein.</DELETED>
<DELETED>    ``(b) Enforcement.--</DELETED>
        <DELETED>    ``(1) In general.--This section shall be enforced 
        by the Commission under titles IV and V. A violation of the 
        Commission's broadband policy statement or the principles 
        incorporated therein shall be treated as a violation of this 
        Act.</DELETED>
        <DELETED>    ``(2) Maximum forfeiture penalty.--For purposes of 
        section 503, the maximum forfeiture penalty applicable to a 
        violation described in paragraph (1) of this subsection shall 
        be $500,000 for each violation.</DELETED>
        <DELETED>    ``(3) Adjudicatory authority.--The Commission 
        shall have exclusive authority to adjudicate any complaint 
        alleging a violation of the broadband policy statement and the 
        principles incorporated therein. The Commission shall complete 
        an adjudicatory proceeding under this subsection not later than 
        90 days after receipt of the complaint. If, upon completion of 
        an adjudicatory proceeding pursuant to this section, the 
        Commission determines that such a violation has occurred, the 
        Commission shall have authority to adopt an order to require 
        the entity subject to the complaint to comply with the 
        broadband policy statement and the principles incorporated 
        therein. Such authority shall be in addition to the authority 
        specified in paragraph (1) to enforce this section under titles 
        IV and V. In addition, the Commission shall have authority to 
        adopt procedures for the adjudication of complaints alleging a 
        violation of the broadband policy statement or principles 
        incorporated therein.</DELETED>
        <DELETED>    ``(4) Limitation.--Notwithstanding paragraph (1), 
        the Commission's authority to enforce the broadband policy 
        statement and the principles incorporated therein does not 
        include authorization for the Commission to adopt or implement 
        rules or regulations regarding enforcement of the broadband 
        policy statement and the principles incorporated therein, with 
        the sole exception of the authority to adopt procedures for the 
        adjudication of complaints, as provided in paragraph 
        (3).</DELETED>
<DELETED>    ``(c) Study.--Within 180 days after the date of enactment 
of this section, the Commission shall conduct, and submit to the House 
Committee on Energy and Commerce and the Senate Committee on Commerce, 
Science, and Transportation, a study regarding whether the objectives 
of the broadband policy statement and the principles incorporated 
therein are being achieved.</DELETED>
<DELETED>    ``(d)(1) Rule of Construction.--Nothing in this section 
shall be construed to modify, impair, or supersede the applicability of 
the antitrust laws or the jurisdiction of the district courts of the 
United States to hear claims arising under the antitrust 
laws.</DELETED>
<DELETED>    ``(2) Definition of Antitrust Laws.--The term `antitrust 
laws' has the meaning given it in subsection (a) of the first section 
of the Clayton Act (15 U.S.C. 12(a)), except that such term includes 
section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the 
extent that such section 5 applies to unfair methods of 
competition.</DELETED>
<DELETED>    ``(e) Definition.--For purposes of this section, the term 
`Commission's broadband policy statement' means the policy statement 
adopted on August 5, 2005, and issued on September 23, 2005, In the 
Matters of Appropriate Framework for Broadband Access to the Internet 
over Wireline Facilities, and other Matters (FCC 05-151; CC Docket No. 
02-33; CC Docket No. 01-337; CC Docket Nos. 95-20, 98-10; GN Docket No. 
00-185; CS Docket No. 02-52).''.</DELETED>

                 <DELETED>TITLE III--VOIP/911</DELETED>

<DELETED>SEC. 301. EMERGENCY SERVICES; INTERCONNECTION.</DELETED>

<DELETED>    Title VII of the Communications Act of 1934 (47 U.S.C. 601 
et seq.) is further amended by adding after section 715 (as added by 
section 201 of this Act) the following new sections:</DELETED>

<DELETED>``SEC. 716. EMERGENCY SERVICES.</DELETED>

<DELETED>    ``(a) 911 and E-911 Services.--</DELETED>
        <DELETED>    ``(1) In general.--Each VOIP service provider has 
        a duty to ensure that 911 and E-911 services are provided to 
        subscribers of VOIP services.</DELETED>
        <DELETED>    ``(2) Use of existing regulations.--A VOIP service 
        provider that complies with the Commission's regulations 
        requiring providers of VOIP service to supply 911 and E911 
        capabilities to their customers (Report and Order in WC Docket 
        Nos. 04-36 and 05-196) and that are in effect on the date of 
        enactment of this section shall be considered to be in 
        compliance with the requirements of this section, other than 
        subsection (c), until such regulations are modified or 
        superseded by subsequent regulations.</DELETED>
<DELETED>    ``(b) Non-Discriminatory Access to Capabilities.--
</DELETED>
        <DELETED>    ``(1) Access.--Each incumbent local exchange 
        carrier (as such term is defined in section 251(h)) or 
        government 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 carrier or entity shall provide access to the 
        infrastructure at just and reasonable, nondiscriminatory rates, 
        terms, and conditions. Such access shall be consistent with 
        industry standards established by the National Emergency Number 
        Association or other applicable industry standards 
        organizations.</DELETED>
        <DELETED>    ``(2) Enforcement.--The Commission or a State 
        commission may enforce the requirements of this subsection and 
        the Commission's regulations thereunder. A VOIP service 
        provider may obtain access to such infrastructure pursuant to 
        section 717 by asserting the rights described in such 
        section.</DELETED>
<DELETED>    ``(c) New Customers.--A VOIP service provider shall make 
911 service available to new customers within a reasonable time in 
accordance with the following requirements:</DELETED>
        <DELETED>    ``(1) Connection to selective router.--For all new 
        customers not within the geographic areas where a VOIP service 
        provider can immediately provide 911 service to the 
        geographically appropriate PSAP, a VOIP service provider, or 
        its third party vendor, shall have no more than 30 days from 
        the date the VOIP provider has acquired a customer to order 
        service providing connectivity to the selective router so that 
        911 service, or E911 service where the PSAP is capable of 
        receiving and processing such information, can be provided 
        through the selective router.</DELETED>
        <DELETED>    ``(2) Interim service.--For all new customers not 
        within the geographic areas where the VOIP service provider can 
        immediately provide 911 service to the geographically 
        appropriate PSAP, a VOIP service provider shall provide 911 
        service through--</DELETED>
                <DELETED>    ``(A) an arrangement mutually agreed to by 
                the VOIP service provider and the PSAP or PSAP 
                governing authority; or</DELETED>
                <DELETED>    ``(B) an emergency response center with 
                national call routing capabilities.</DELETED>
        <DELETED>Such service shall be provided 24 hours a day from the 
        date a VOIP service provider has acquired a customer until the 
        VOIP service provider can provide 911 service to the 
        geographically appropriate PSAP.</DELETED>
        <DELETED>    ``(3) Notice.--Before providing service to any new 
        customer not within the geographic areas where the VOIP service 
        provider can immediately provide 911 service to the 
        geographically appropriate PSAP, a VOIP service provider shall 
        provide such customer with clear notice that 911 service will 
        be available only as described in paragraph (2).</DELETED>
        <DELETED>    ``(4) Restriction on acquisition of new 
        customers.--A VOIP service provider may not acquire new 
        customers within a geographic area served by a selective router 
        if, within 180 days of first acquiring a new customer in the 
        area served by the selective router, the VOIP service provider 
        does not provide 911 service, or E911 service where the PSAP is 
        capable of receiving and processing such information, to the 
        geographically appropriate PSAP for all existing customers 
        served by the selective router.</DELETED>
        <DELETED>    ``(5) Enforcement: no first warnings.--Paragraph 
        (5) of section 503(b) shall not apply to the assessment of 
        forfeiture penalties for violations of this subsection or the 
        regulations thereunder.</DELETED>
<DELETED>    ``(d) State Authority.--Nothing in this 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 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.</DELETED>
<DELETED>    ``(e) Feasibility.--In establishing requirements or 
obligations under subsections (a) and (b), the Commission shall ensure 
that such standards impose requirements or obligations on VOIP service 
providers and entities with ownership or control of necessary E-911 
infrastructure that the Commission determines are technologically and 
operationally 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.</DELETED>
<DELETED>    ``(f) Progress Reports.--To the extent that the Commission 
concludes that it is not technologically or operationally feasible for 
VOIP service providers to 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 E-911 service. Such reports shall 
be submitted semiannually until the Commission concludes that it is 
technologically and operationally 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.</DELETED>
<DELETED>    ``(g) Access to Information.--The Commission shall have 
the authority to compile a list of PSAP contact information, testing 
procedures, and classes and types of services supported by PSAPs, or 
other information concerning the necessary E-911 infrastructure, for 
the purpose of assisting providers in complying with the requirements 
of this section.</DELETED>
<DELETED>    ``(h) Emergency Routing Number Administrator.--Within 30 
days after the date of enactment of this section, the Federal 
Communications Commission shall establish an emergency routing number 
administrator to enable VOIP service providers to acquire non-dialable 
pseudo-automatic number identification numbers for 9-1-1 routing 
purposes on a national scale. The Commission may adopt such rules and 
practices as are necessary to guide such administrator in the fair and 
expeditious assignment of these numbers.</DELETED>
<DELETED>    ``(i) Emergency Response Systems.--</DELETED>
        <DELETED>    ``(1) Notice prior to installation or number 
        activation of voip service.--Prior to installation or number 
        activation of VOIP service for a customer, a VOIP service 
        provider shall provide clear and conspicuous notice to the 
        customer that--</DELETED>
                <DELETED>    ``(A) such customer should arrange with 
                his or her emergency response system provider, if any, 
                to test such system after installation;</DELETED>
                <DELETED>    ``(B) such customer should notify his or 
                her emergency response system provider after VOIP 
                service is installed; and</DELETED>
                <DELETED>    ``(C) a battery backup is required for 
                customer premises equipment installed in connection 
                with the VOIP service in order for the signaling of 
                such system to function in the event of a power 
                outage.</DELETED>
        <DELETED>    ``(2) Definition.--In this subsection:</DELETED>
                <DELETED>    ``(A) The term `emergency response system' 
                means an alarm or security system, or personal security 
                or medical monitoring system, that is connected to an 
                emergency response center by means of a 
                telecommunications carrier or VOIP service 
                provider.</DELETED>
                <DELETED>    ``(B) The term `emergency response center' 
                means an entity that monitors transmissions from an 
                emergency response system.</DELETED>
<DELETED>    ``(j) Migration to IP-Enabled Emergency Network.--
</DELETED>
        <DELETED>    ``(1) National report.--No more than 18 months 
        after the date of the enactment of this section, the National 
        911 Implementation and Coordination Office shall develop a 
        report to Congress on migrating to a national IP-enabled 
        emergency network capable of receiving and responding to all 
        citizen activated emergency communications.</DELETED>
        <DELETED>    ``(2) Contents of report.--The report required by 
        paragraph (1) shall--</DELETED>
                <DELETED>    ``(A) outline the potential benefits of 
                such a migration;</DELETED>
                <DELETED>    ``(B) identify barriers that must be 
                overcome and funding mechanisms to address those 
                barriers;</DELETED>
                <DELETED>    ``(C) include a proposed timetable, an 
                outline of costs and potential savings;</DELETED>
                <DELETED>    ``(D) provide recommendations on specific 
                legislative language,</DELETED>
                <DELETED>    ``(E) provide recommendations on any 
                legislative changes, including updating definitions, to 
                facilitate a national IP-enabled emergency network; 
                and</DELETED>
                <DELETED>    ``(F) assess, collect, and analyze the 
                experiences of the PSAPs and related public safety 
                authorities who are conducting trial deployments of IP-
                enabled emergency networks as of the date of enactment 
                of this section.</DELETED>
        <DELETED>    ``(3) Consultation.--In developing the report 
        required by paragraph (1), the Office shall consult with 
        representatives of the public safety community, technology and 
        telecommunications providers, and others it deems 
        appropriate.</DELETED>
<DELETED>    ``(k) Implementation.--</DELETED>
        <DELETED>    ``(1) Deadline.--The Commission shall prescribe 
        regulations to implement this section within 120 days after the 
        date of enactment of this section.</DELETED>
        <DELETED>    ``(2) Limitation.--Nothing in this section shall 
        be construed to permit the Commission to issue regulations that 
        require or impose a specific technology or technological 
        standard.</DELETED>
<DELETED>    ``(l) Definitions.--For purposes of this 
section:</DELETED>
        <DELETED>    ``(1) VOIP service.--The term `VOIP service' means 
        a service that--</DELETED>
                <DELETED>    ``(A) provides real-time 2-way voice 
                communications transmitted through customer premises 
                equipment using TCP/IP protocol, or a successor 
                protocol (including when the voice communication is 
                converted to or from TCP/IP protocol by the VOIP 
                service provider and transmitted to the subscriber 
                without use of circuit switching), for a fee or without 
                a fee;</DELETED>
                <DELETED>    ``(B) is offered to the public, or such 
                classes of users as to be effectively available to the 
                public (whether part of a bundle of services or 
                separately); and</DELETED>
                <DELETED>    ``(C) has the capability so that the 
                service can originate traffic to, and terminate traffic 
                from, the public switched telephone network.</DELETED>
        <DELETED>    ``(2) VOIP service provider.--The term `VOIP 
        service provider' means any person who provides or offers to 
        provide a VOIP service.</DELETED>
        <DELETED>    ``(3) Necessary e-911 infrastructure.--The term 
        `necessary E-911 infrastructure' means the originating trucks 
        to the selective routers, selective routers, databases 
        (including automatic location information databases and master 
        street address guides), trunks, or other related facilities 
        necessary for the delivery and completion of 911 and E-911 
        calls, or other 911 and E-911 equipment, facilities, databases, 
        interfaces, and related capabilities specified by the 
        Commission.</DELETED>
        <DELETED>    ``(4) Non-dialable pseudo-automatic number 
        identification number.--The term `non-dialable pseudo-automatic 
        number identification number' means a number, consisting of the 
        same number of digits as numbers used for automatic number 
        identification, that is not a North American Numbering Plan 
        telephone directory number and that may be used in place of an 
        automatic number identification number to convey special 
        meaning. The special meaning assigned to the non-dialable 
        pseudo-automatic number identification number is determined by 
        nationally standard agreements, or by individual agreements, as 
        necessary, between the system originating the call, 
        intermediate systems handling and routing the call, and the 
        destination system.</DELETED>

<DELETED>``SEC. 717. RIGHTS AND OBLIGATIONS OF VOIP SERVICE 
              PROVIDERS.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Facilities-based voip service providers.--A 
        facilities-based VOIP service provider shall have the same 
        rights, duties, and obligations as a requesting 
        telecommunications carrier under sections 251 and 252, if the 
        provider elects to assert such rights.</DELETED>
        <DELETED>    ``(2) Voip service providers.--A VOIP service 
        provider that is not a facilities-based VOIP service provider 
        shall have only the same rights, duties, and obligations as a 
        requesting telecommunications carrier under sections 251(b), 
        251(e), and 252, if the provider elects to assert such 
        rights.</DELETED>
        <DELETED>    ``(3) Clarifying treatment of voip service.--A 
        telecommunications carrier may use interconnection, services, 
        and network elements obtained pursuant to sections 251 and 252 
        from an incumbent local exchange carrier (as such term is 
        defined in section 251(h)) to exchange VOIP service traffic 
        with such incumbent local exchange carrier regardless of the 
        provider originating such VOIP service traffic, including an 
        affiliate of such telecommunications carrier.</DELETED>
<DELETED>    ``(b) Disabled Access.--A VOIP service provider or a 
manufacturer of VOIP service equipment shall have the same rights, 
duties, and obligations as a telecommunications carrier or 
telecommunications equipment manufacturer, respectively, under sections 
225, 255, and 710 of the Act. 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. In implementing 
this subsection, the Commission shall consider whether a VOIP service 
provider or manufacturer of VOIP service equipment primarily markets 
such service or equipment as a substitute for telecommunications 
service, telecommunications equipment, customer premises equipment, or 
telecommunications relay services.</DELETED>
<DELETED>    ``(c) Definitions.--For purposes of this 
section:</DELETED>
        <DELETED>    ``(1) Facilities-based voip service provider.--The 
        term `facilities-based VOIP service provider' means an entity 
        that provides VOIP service over a physical facility that 
        terminates at the end user's location and which such entity or 
        an affiliate owns or over which such entity or affiliate has 
        exclusive use. An entity or affiliate shall be considered a 
        facilities-based VOIP service provider only in those geographic 
        areas where such terminating physical facilities are 
        located.</DELETED>
        <DELETED>    ``(2) Voip service provider; voip service.--The 
        terms `VOIP service provider' and `VOIP service' have the 
        meanings given such terms by section 716(l).''.</DELETED>

<DELETED>SEC. 302. COMPENSATION AND CONTRIBUTION.</DELETED>

<DELETED>    (a) Rule of Construction.--Nothing in this Act (including 
the amendments made by this Act) shall be construed to exempt a VOIP 
service provider from requirements imposed by the Federal 
Communications Commission or a State commission on all VOIP service 
providers to--</DELETED>
        <DELETED>    (1) pay appropriate compensation for the 
        transmission of a VOIP service over the facilities and 
        equipment of another provider; or</DELETED>
        <DELETED>    (2) contribute on an equitable and non-
        discriminatory basis to the preservation and advancement 
        of universal service.</DELETED>
<DELETED>    (b) Definitions.--As used in this section--</DELETED>
        <DELETED>    (1) the terms ``VOIP service provider'' and ``VOIP 
        service'' have the meanings given such terms in section 716(h) 
        of the Communications Act of 1934, as added by section 301 of 
        this Act; and</DELETED>
        <DELETED>    (2) the term ``State commission'' has the meaning 
        given such term in section 3 of the Communications Act of 1934 
        (47 U.S.C. 153).</DELETED>

      <DELETED>TITLE IV--MUNICIPAL PROVISION OF SERVICES</DELETED>

<DELETED>SEC. 401. GOVERNMENT AUTHORITY TO PROVIDE SERVICES.</DELETED>

<DELETED>    (a) In General.--Neither the Communications Act of 1934 
nor any State statute, regulation, or other State legal requirement may 
prohibit or have the effect of prohibiting any public provider of 
telecommunications service, information service, or cable service (as 
such terms are defined in sections 3 and 602 of such Act) from 
providing such services to any person or entity.</DELETED>
<DELETED>    (b) Competition Neutrality.--Any State or political 
subdivision thereof, or any agency, authority, or instrumentality of a 
State or political subdivision thereof, that is, owns, controls, or is 
otherwise affiliated with a public provider of telecommunications 
service, information service, or cable service 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.</DELETED>
<DELETED>    (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 telecommunications service, information 
service, or cable service.</DELETED>
<DELETED>    (d) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Federal Communications Commission shall 
submit to the Congress a report on the status of the provision of 
telecommunications service, information service, and cable service by 
States and political subdivisions thereof.</DELETED>
<DELETED>    (e) Definition of Public Provider.--For purposes of this 
section, the term ``public provider'' means a State or political 
subdivision thereof, or any agency, authority, or instrumentality of a 
State or political subdivision thereof, that provides 
telecommunications service, information service, or cable 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.</DELETED>

             <DELETED>TITLE V--BROADBAND SERVICE</DELETED>

<DELETED>SEC. 501. STAND-ALONE BROADBAND SERVICE.</DELETED>

<DELETED>    Title VII of the Communications Act of 1934 (47 U.S.C. 601 
et seq.) is further amended by adding after section 717 (as added by 
section 301 of this Act) the following new section:</DELETED>

<DELETED>``SEC. 718. STAND-ALONE BROADBAND SERVICE.</DELETED>

<DELETED>    ``(a) Prohibition.--A broadband service provider shall not 
require a subscriber, as a condition on the purchase of any broadband 
service the provider offers, to purchase any cable service, 
telecommunications service, or VOIP service offered by the 
provider.</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) The term `broadband service' means a two-way 
        transmission service that connects to the Internet and 
        transmits information at an average rate of at least 200 
        kilobits per second in at least one direction.</DELETED>
        <DELETED>    ``(2) The term `broadband service provider' means 
        a person or entity that controls, operates, or resells and 
        controls any facility used to provide broadband service to the 
        public, by whatever technology and whether provided for a fee, 
        in exchange for an explicit benefit, or for free.</DELETED>
        <DELETED>    ``(3) The term `VOIP service' has the meaning 
        given such term by section 716(l).''.</DELETED>

<DELETED>SEC. 502. STUDY OF INTERFERENCE POTENTIAL OF BROADBAND OVER 
              POWER LINE SYSTEMS.</DELETED>

<DELETED>    Within 90 days after the date of enactment of this Act, 
the Federal Communications Commission shall conduct, and submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate, a 
study of the interference potential of broadband over power line 
systems.</DELETED>

             <DELETED>TITLE VI--SEAMLESS MOBILITY</DELETED>

<DELETED>SEC. 601. DEVELOPMENT OF SEAMLESS MOBILITY.</DELETED>

<DELETED>    (a) Streamlined Review.--</DELETED>
        <DELETED>    (1) The Commission shall further the development 
        of seamless mobility.</DELETED>
        <DELETED>    (2) Within 120 days after the date of enactment of 
        this Act, the Commission shall implement a process for 
        streamlined review and authorization of multi-mode devices that 
        permit communication across multiple Internet protocol-enabled 
        broadband platforms, facilities, and networks.</DELETED>
<DELETED>    (b) Study.--The Commission shall undertake an inquiry to 
identify barriers to the achievement of seamless mobility. Within 180 
days after the date of enactment of this Act, the Commission shall 
report to the Congress on its findings and its recommendations for 
steps to eliminate those barriers.</DELETED>
<DELETED>    (c) Definitions.--For purposes of this section, the term 
``seamless mobility'' means the ability of a communications device to 
select between and utilize multiple Internet protocol-enabled 
technology platforms, facilities, and networks in a real-time manner to 
provide a unified service.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advanced Telecommunications and 
Opportunities Reform Act'' or the ``Communications Act of 2006''.

SEC. 2. AMENDMENT OF COMMUNICATIONS ACT OF 1934.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Communications Act of 
1934 (47 U.S.C. 151 et seq.).

SEC. 3. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Amendment of Communications Act of 1934.
Sec. 3. Table of contents.

                       TITLE I--WAR ON TERRORISM

                         Subtitle A--Call Home

Sec. 101. Telephone rates for members of armed forces deployed abroad.
Sec. 102. Repeal of existing authorization.

                      Subtitle B--Interoperability

Sec. 151. Interoperable emergency communications.
Sec. 152. Transfer of Public Safety Grant Program to the Department of 
                            Homeland Security.
Sec. 153. Public safety interoperable communications grants.
Sec. 154. Eligibility of IP-enabled services.

          TITLE II--UNIVERSAL SERVICE REFORM; INTERCONNECTION

Sec. 201. Short title.

             Subtitle A--Contributions to Universal Service

Sec. 211. Stabilization of universal service funding.
Sec. 212. Modification of rural video service exemption.
Sec. 213. Interconnection.
Sec. 214. Treatment of substitute services under section 254(g).

            Subtitle B--Distributions from Universal Service

Sec. 251. Encouraging broadband deployment.
Sec. 252. Establishment of broadband program.
Sec. 253. Competitive neutrality principle.
Sec. 254. Transition rules for modifications adversely affecting 
                            carriers.
Sec. 255. Eligibility guidelines.
Sec. 256. Primary line.
Sec. 257. Phantom traffic.
Sec. 258. Random audits.
Sec. 259. Integrity and accountability.
Sec. 260. Improving effectiveness of rural health care support 
                            mechanism.
Sec. 261. Communications services for libraries.
Sec. 262. USF support for insular areas.

            TITLE III--STREAMLINING THE FRANCHISING PROCESS

Sec. 301. Short title.

 Subtitle A--Updating the 1934 Act and Leveling the Regulatory Playing 
                                 Field

Sec. 311. Application of title VI to video services and video service 
                            providers.
Sec. 312. Franchise applications; scope.
Sec. 313. Standard franchise application form.
Sec. 314. Definitions.
Sec. 315. Family tier study.
Sec. 316. Notice of inquiry on violent programming.

        Subtitle B--Streamlining the Provision of Video Services

Sec. 331. Franchise requirements and related provisions.
Sec. 332. Renewal; revocation.
Sec. 333. PEG and institutional network obligations.
Sec. 334. Services, facilities, and equipment.
Sec. 335. Shared facilities.
Sec. 336. Consumer protection and customer service.
Sec. 337. Redlining.
Sec. 338. Application of section 503(b).
Sec. 339. Application of title VII cable provisions to video services.
Sec. 340. Children's Television Act amendment.

          Subtitle C--Miscellaneous and Conforming Amendments

Sec. 351. Miscellaneous amendments.

            Subtitle D--Effective Dates and Transition Rules

Sec. 381. Effective dates; phase-in.

                        TITLE IV--VIDEO CONTENT

                     Subtitle A--National Satellite

Sec. 401. Availability of certain licensed services in noncontiguous 
                            States.

                    Subtitle B--Video and Audio Flag

Sec. 451. Short title.
Sec. 452. Protection of digital broadcast video content.
Sec. 453. Protection of digital audio broadcasting content.
Sec. 454. Digital Audio Review Board.

                      TITLE V--MUNICIPAL BROADBAND

Sec. 501. Short title.
Sec. 502. State regulation of municipal broadband networks.

                 TITLE VI--WIRELESS INNOVATION NETWORKS

Sec. 601. Short title.
Sec. 602. Eligible television spectrum made available for wireless use.

                     TITLE VII--DIGITAL TELEVISION

Sec. 701. Analog and digital television sets and converter boxes; 
                            consumer education and requirements to 
                            reduce the government cost of the converter 
                            box program.
Sec. 702. Digital stream requirement for the blind.
Sec. 703. Status of international coordination.
Sec. 704. Certain border stations.

                    TITLE VIII--PROTECTING CHILDREN

Sec. 801. Video transmission of child pornography.
Sec. 802. Additional child pornography amendments.
Sec. 803. Prevention of interactivity with commercial matter during 
                            children's programming.
Sec. 804. FCC study of bus-casting.

             TITLE IX--INTERNET CONSUMER BILL OF RIGHTS ACT

Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Consumer Internet bill of rights.
Sec. 904. Application of the First Amendment.
Sec. 905. Stand-alone Internet service shall be offered to the public.
Sec. 906. Network security, worms, viruses, denial of service, parental 
                            controls, and blocking child pornography.
Sec. 907. Enforcement.
Sec. 908. Commission prohibited from issuing regulations.
Sec. 909. FCC review.
Sec. 910. Exceptions.
Sec. 911. FCC to revisit broadband speeds.
Sec. 912. Protection of emergency communications.
Sec. 913. Definitions.

                         TITLE X--MISCELLANEOUS

Sec. 1001. Commissioner participation in forums and meetings.
Sec. 1002. Office of Indian Affairs.
Sec. 1003. Office of Consumer Advocate.
Sec. 1004. Data on local competition in different product markets.
Sec. 1005. Improved enforcement options.
Sec. 1006. Mobile services term and conditions.
Sec. 1007. Severability.
Sec. 1008. Clarification of certain jurisdictional issues.
Sec. 1009. FCC to issue a further notice of proposed rulemaking before 
                            changing broadcast media ownership rules.
Sec. 1010. Diversity in media ownership.
Sec. 1011. Broadband reporting requirements.
Sec. 1012. Application of one-year restrictions to certain positions.
Sec. 1013. Internet Tax Freedom Act Amendment.
Sec. 1014. Status of E-911 Implementation and Coordination Office.
Sec. 1015. Federal Communications Commission telemedicine report.
Sec. 1016. Federal information and communications technology research.
Sec. 1017. Forbearance.
Sec. 1018. Deadline for certain Commission proceedings.

                  TITLE XI--LOCAL COMMUNITY RADIO ACT

Sec. 1101. Short title.
Sec. 1102. Repeal of prior law.
Sec. 1103. Minimum distance separation requirements.
Sec. 1104. Protection of radio reading services.
Sec. 1105. Ensuring availability of spectrum for LPFM stations.
Sec. 1106. Federal Communications Commission rules.

                  TITLE XII--CELL PHONE TAX MORATORIUM

Sec. 1201. Short title.
Sec. 1202. Moratorium.

                     TITLE XIII--TRUTH IN CALLER ID

Sec. 1301. Short title.
Sec. 1302. Prohibition regarding manipulation of caller identification 
                            information.

            TITLE XIV--RURAL WIRELESS AND BROADBAND SERVICE

Sec. 1401. Short title.
Sec. 1402. Small geographic licensing areas.
Sec. 1403. Report on the impact of secondary market transactions.
Sec. 1404. Radio spectrum review.
Sec. 1405. 700 MHz license areas.
Sec. 1406. No interference with DTV transition.
Sec. 1407. Effective date.

                       TITLE I--WAR ON TERRORISM

                         Subtitle A--Call Home

SEC. 101. TELEPHONE RATES FOR MEMBERS OF ARMED FORCES DEPLOYED ABROAD.

    (a) In General.--The Federal Communications Commission shall take 
such action as may be necessary to reduce the cost of calling home for 
Armed Forces personnel who are stationed outside the United States 
under official military orders or deployed outside the United States in 
support of military operations, training exercises, or other purposes 
as approved by the Secretary of Defense, including the reduction of 
such costs through the waiver of government fees, assessments, or other 
charges for such calls. The Commission may not regulate rates in order 
to carry out this section.
    (b) Factors To Consider.--In taking the action described in 
subsection (a), the Commission, in coordination with the Department of 
Defense and the Department of State, shall--
            (1) evaluate and analyze the costs to Armed Forces 
        personnel of such telephone calls to and from military bases 
        abroad;
            (2) evaluate methods of reducing the rates imposed on such 
        calls, including deployment of new technology such as voice 
        over Internet protocol or successor protocol technology;
            (3) encourage providers of telecommunications to adopt 
        flexible billing procedures and policies for Armed Forces 
        personnel and their dependents for telephone calls to and from 
        such Armed Forces personnel; and
            (4) seek agreements with foreign governments to reduce 
        international surcharges on such telephone calls.
    (c) Definitions.--In this section:
            (1) Armed forces.--The term ``Armed Forces'' has the 
        meaning given that term by section 2101(2) of title 5, United 
        States Code.
            (2) Military base.--The term ``military base'' includes 
        official duty stations, including vessels, whether such vessels 
        are in port or underway outside of the United States.

SEC. 102. REPEAL OF EXISTING AUTHORIZATION.

    Section 213 of the Telecommunications Authorization Act of 1992 (47 
U.S.C. 201 note) is repealed.

                      Subtitle B--Interoperability

SEC. 151. INTEROPERABLE EMERGENCY COMMUNICATIONS.

    (a) In General.--Section 3006 of Public Law 109-171 (47 U.S.C. 309 
note) is amended by redesignating subsection (d) as subsection (i) and 
by inserting after subsection (c) the following:
    ``(d) Interoperable Communications System Equipment Deployment.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        allocate at least 25 percent of the funds made available to 
        carry out this section to make interoperable communications 
        system equipment grants for equipment that can utilize, or 
        enable interoperability with systems or networks that can 
        utilize, reallocated public safety spectrum.
            ``(2) Allocation of funds.--The Secretary shall allocate--
                    ``(A) a majority of the amounts allocated under 
                paragraph (1) for distribution to public safety 
                agencies based on the threat and risk factors used by 
                the Secretary for the purposes of allocating 
                discretionary grants under the heading `Office for 
                Domestic Preparedness, State and Local Programs' in the 
                Department of Homeland Security Appropriations Act, 
                2006; and
                    ``(B) the remainder equally to each State for 
                distribution by the States to public safety agencies.
            ``(3) Eligibility.--A State may not receive funds allocated 
        to it under paragraph (2) unless it has established a statewide 
        interoperable communications plan approved by the Secretary.
            ``(4) Use of funds.--A public safety agency shall use any 
        funds received under this subsection for the purchase of 
        interoperable communications system equipment and 
        infrastructure that is consistent with SAFECOM guidance, 
        including any standards that may be referenced by SAFECOM 
        guidance, and interoperable communications system equipment and 
        infrastructure that improves interoperability that uses 
        Internet protocol or any successor protocol.
    ``(e) Coordination, Planning, and Training Grant Initiative.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        allocate at least 25 percent of the funds made available to 
        carry out this section for interoperable emergency 
        communications coordination, planning, and training grants. The 
        grants shall supplement, and be in addition to, any Federal 
        funds otherwise made available by grant or otherwise to the 
        States for emergency coordination, planning, or training.
            ``(2) Allocation.--The Secretary shall allocate--
                    ``(A) a majority of the amounts allocated under 
                paragraph (1) for distribution to the States based on 
                the threat and risk factors used by the Secretary for 
                the purposes of allocating discretionary grants under 
                the heading ``Office for Domestic Preparedness, State 
                and Local Programs'' in the Department of Homeland 
                Security Appropriations Act, 2006; and
                    ``(B) the remainder equally to each State for 
                distribution to public safety agencies.
            ``(3) Coordination, planning, and training guidelines.--A 
        State shall use its emergency communication coordination, 
        planning, and training grant to establish a statewide plan 
        consistent with the State communications interoperability 
        planning methodology developed by the SAFECOM program within 
        the Department of Homeland Security or a regional plan 
        established by a regional planning agency consistent with this 
        section and to establish training programs designed to ensure 
        effective implementation of coordination and interoperability 
        plans. In establishing the statewide plan, the Governor or the 
        Governor's designee shall consult with the Secretary of 
        Homeland Security or the Secretary of Homeland Security's 
        designee. A State shall submit its statewide plan to the 
        Federal Communications Commission and the Secretary of Homeland 
        Security.
            ``(4) Medical services.--As part of its statewide plan, a 
        State shall ensure that--
                    ``(A) there are effective 2-way communications and 
                information sharing between medical services and other 
                emergency response entities, including communications 
                among key strategic emergency responders, emergency 
                medical care facilities, and Federal, State, and local 
                authorities in the event of a national, regional, or 
                other large-scale emergency, and redundancy in the 
                event of a failure of the primary communications 
                systems; and
                    ``(B) medical emergency responses are integrated 
                into all planning and decision-making practices for 
                emergency response.
            ``(5) State-specific coordination, planning, and 
        training.--Grants under this section shall be available for 
        emergencies and disasters, such as hurricanes, forest fires, 
        and mining accidents.
    ``(f) Strategic Technology Reserves Initiative.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        allocate up to 25 percent of the funds made available to carry 
        out this section to establish and implement a strategic 
        technology reserve to pre-position or secure interoperable 
        communications systems in advance for immediate deployment in 
        an emergency or major disaster (as defined in section 102(2) of 
        Public Law 93-288 (42 U.S.C. 5122)). In carrying out this 
        paragraph, the Secretary shall take into consideration the 
        continuing technological evolution of communications 
        technologies and devices, with its implicit risk of 
        obsolescence, and ensure that, to the maximum extent feasible, 
        a substantial part of the reserve involves prenegotiated 
        contracts and other arrangements for rapid deployment of 
        equipment, supplies, and systems rather than the warehousing or 
        storage of equipment and supplies currently available at the 
        time the reserve is established.
            ``(2) Requirements and characteristics.--A reserve 
        established under paragraph (1) shall--
                    ``(A) be capable of re-establishing communications 
                when existing infrastructure is damaged or destroyed in 
                an emergency or a major disaster;
                    ``(B) include appropriate current, widely-used 
                equipment, such as Land Mobile Radio Systems, cellular 
                telephones, satellite equipment, Cells-On-Wheels, 
                Cells-On-Light-Trucks, or other self-contained mobile 
                cell sites that can be towed, backup batteries, 
                generators, fuel, and computers;
                    ``(C) include equipment on hand for the Governor of 
                each State, key emergency response officials, and 
                appropriate State or local personnel;
                    ``(D) include contracts (including prenegotiated 
                contracts) for rapid delivery of the most current 
                technology available from commercial sources; and
                    ``(E) include arrangements for training to ensure 
                that personnel are familiar with the operation of the 
                equipment and devices to be delivered pursuant to such 
                contracts.
            ``(3) Additional characteristics.--Portions of the reserve 
        may be virtual and may include items donated on an in-kind 
        contribution basis.
            ``(4) Consultation.--In developing the reserve, the 
        Secretary shall seek advice from the Secretary of Defense, as 
        well as national public safety organizations, emergency 
        managers, State, local, and tribal governments, and commercial 
        providers of such systems and equipment.
            ``(5) Allocation and use of funds.--The Secretary shall 
        allocate--
                    ``(A) a portion of the reserve's funds for block 
                grants to States to enable each State to establish a 
                strategic technology reserve within its borders in a 
                secure location to allow immediate deployment; and
                    ``(B) a portion of the reserve's funds for regional 
                Federal strategic technology reserves to facilitate any 
                Federal response when necessary, to be held in each of 
                the Federal Emergency Management Agency's regional 
                offices, including Boston, Massachusetts (Region 1), 
                New York, New York (Region 2), Philadelphia, 
                Pennsylvania (Region 3), Atlanta, Georgia (Region 4), 
                Chicago, Illinois (Region 5), Denton, Texas (Region 6), 
                Kansas City, Missouri (Region 7), Denver, Colorado 
                (Region 8), Oakland, California (Region 9), Bothell, 
                Washington (Region 10), and each of the noncontiguous 
                States for immediate deployment.
    ``(g) Consensus Standards; Applications.--
            ``(1) Consensus standards.--In carrying out this section, 
        the Secretary of Homeland Security shall identify, and if 
        necessary encourage the development and implementation of, 
        consensus standards for interoperable communications systems to 
        the greatest extent practicable.
            ``(2) Applications.--To be eligible for assistance under 
        the programs established in this section, each State shall 
        submit an application, at such time, in such form, and 
        containing such information as the Secretary may require, 
        including--
                    ``(A) a detailed explanation of how assistance 
                received under the program would be used to improve 
                local communications interoperability and ensure 
                interoperability with other appropriate public safety 
                agencies in an emergency or a major disaster; and
                    ``(B) assurance that the equipment and system 
                would--
                            ``(i) be compatible with the communications 
                        architecture developed under section 
                        7303(a)(1)(E) of the Intelligence Reform and 
                        Terrorism Prevention Act of 2004 (6 U.S.C. 
                        194(a)(1)(E));
                            ``(ii) meet any voluntary consensus 
                        standards developed under section 7303(a)(1)(D) 
                        of that Act (6 U.S.C. 194(a)(1)(D); and
                            ``(iii) be compatible with the common grant 
                        guidance established under section 
                        7303(a)(1)(H) of that Act (6 U.S.C. 
                        194(a)(1)(H)).
    ``(h) Deadline for Implementation Regulations.--Within 90 days 
after the date of enactment of the Advanced Telecommunications and 
Opportunities Reform Act, the Secretary, in consultation with the 
Federal Communications Commission, shall promulgate regulations for the 
implementation of subsections (d) through (f) of this section.''.
    (b) Seamless Mobility.--Within 180 days after the date of enactment 
of this Act, the Federal Communications Commission shall streamline its 
process for certifying multi-mode devices that permit communication 
across multiple platforms, facilities, or networks in a manner 
consistent with the public interest.
    (c) FCC Report on Emergency Communications Back-Up System.--
            (1) In General.--Not later than 1 year after the date of 
        enactment of this Act, the Federal Communications Commission, 
        in coordination with the Secretary of Homeland Security, shall 
        evaluate the technical feasibility of creating a back-up 
        emergency communications system that complements existing 
        communications resources and takes into account next generation 
        and advanced telecommunications technologies. The overriding 
        objective for the evaluation shall be providing a framework for 
        the development of a resilient interoperable communications 
        system for emergency responders in an emergency. The Commission 
        shall evaluate all reasonable options, including satellites, 
        wireless, and terrestrial-based communications systems and 
        other alternative transport mechanisms that can be used in 
        tandem with existing technologies.
            (2) Factors to be evaluated.--The evaluation under 
        paragraph (1) shall include--
                    (A) a survey of all Federal agencies that use 
                terrestrial or satellite technology for communications 
                security and an evaluation of the feasibility of using 
                existing systems for the purpose of creating such an 
                emergency back-up public safety communications system;
                    (B) the feasibility of using private satellite, 
                wireless, or terrestrial networks for emergency 
                communications;
                    (C) the technical options, cost, and deployment 
                methods of software, equipment, handsets, or desktop 
                communications devices for public safety entities in 
                major urban areas, and nationwide; and
                    (D) the feasibility and cost of necessary changes 
                to the network operations center of terrestrial-based 
                or satellite systems to enable the centers to serve as 
                emergency back-up communications systems.
            (3) Report.--Upon the completion of the evaluation under 
        paragraph (1), the Commission shall submit a report to Congress 
        that details the findings of the evaluation, including a full 
        inventory of existing public and private resources most 
        efficiently capable of providing emergency communications.
    (d) Interoperable Communications and E-911 Services.--The Secretary 
of Homeland Security shall take into consideration the role of public 
safety answering points and E-911 systems, and shall reserve a portion 
of the funds made available to carry out section 3006 of Public Law 
109-171 (47 U.S.C. 309 note) to provide interoperable communication 
system grants for projects to public safety answering points that 
enable interoperability and that advance E-911 deployment.

SEC. 152. TRANSFER OF PUBLIC SAFETY GRANT PROGRAM TO THE DEPARTMENT OF 
              HOMELAND SECURITY.

    (a) In General.--Section 3006 of Public Law 109-171 (47 U.S.C. 309 
note) is amended--
            (1) by striking ``The Assistant Secretary, in consultation 
        with the'' in subsection (a) and inserting ``The''; and
            (2) by striking ``Assistant Secretary'' each place it 
        appears in subsection (b) and inserting ``Secretary of Homeland 
        Security''.
    (b) Use of Funds.--In carrying out section 3006(a) of Public Law 
109-171 (47 U.S.C. 309 note), as amended by subsection (a), the 
Secretary of Homeland Security may not use funds under that section for 
any purpose other than those provided in section 3006 of that Act.

SEC. 153. PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANTS.

    Pursuant to section 3006 of Public Law 109-171 (47 U.S.C. 309 
note), the Secretary of Homeland Security, in coordination with the 
Secretary of Commerce, shall award no less than $1,000,000,000 for 
public safety interoperable communications grants no later than 
September 30, 2006.

SEC. 154. ELIGIBILITY OF IP-ENABLED SERVICES.

    Section 158(a)(1)(A) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 942(a)(1)(A)) is 
amended by striking ``services;'' and inserting ``services and services 
related to the migration to an IP-enabled emergency network that 
provides E-911 services;''.

          TITLE II--UNIVERSAL SERVICE REFORM; INTERCONNECTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Internet and Universal Service Act 
of 2006''.

             Subtitle A--Contributions to Universal Service

SEC. 211. STABILIZATION OF UNIVERSAL SERVICE FUNDING.

    (a) Ensuring an Equitable Contribution Base for Universal 
Service.--
            (1) In general.--Section 254(d) (47 U.S.C. 254(d)) is 
        amended to read as follows:
    ``(d) Universal Service Support Contributions.--
            ``(1) Contribution mechanism.--
                    ``(A) In general.--Each communications service 
                provider shall contribute as provided in this 
                subsection to support universal service.
                    ``(B) Requirements.--The Commission shall ensure 
                that the contributions required by this subsection 
                are--
                            ``(i) applied in a manner that is as 
                        competitively and technologically neutral as 
                        possible;
                            ``(ii) specific, predictable, and 
                        sufficient to sustain the funding of networks 
                        used to preserve and advance universal service; 
                        and
                            ``(iii) applied in such a manner that no 
                        methodology results in a communications 
                        services provider being required to contribute 
                        more than once to support Federal universal 
                        service for the same transaction, activity, or 
                        service.
                    ``(C) Adjustments.--The Commission shall adjust the 
                contribution for communication service providers for 
                their low-call volume, non-business customers.
            ``(2) Exemptions.--The Commission may exempt a 
        communications service provider or any class of communications 
        service providers from the requirements of this subsection in 
        the following circumstances:
                    ``(A) The services of such a provider are limited 
                to such an extent that the level of its contributions 
                would be de minimis.
                    ``(B) The communications service is provided 
                pursuant to the Commission's Lifeline Assistance 
                Program.
                    ``(C) The communications service is provided only 
                to in-vehicle emergency communications customers.
                    ``(D) The communications service is provided by a 
                not-for-profit communications service provider that is 
                neither an affiliate of a for-profit organization nor 
                has a for-profit affiliate and which provides voice 
                mailboxes to low income consumers and the homeless.
            ``(3) Contribution assessment flexibility.--
                    ``(A) Methodology.--To achieve the principles in 
                this section, the Commission may base universal service 
                contributions upon--
                            ``(i) revenue from communications service;
                            ``(ii) in-use working phone numbers or any 
                        other identifier protocol or connection to the 
                        networks; or
                            ``(iii) network capacity.
                    ``(B) Use of more than 1 methodology.--If no single 
                methodology employed under subparagraph (A) achieves 
                the principles described in this subsection, the 
                Commission may employ a combination of any such 
                methodologies.
                    ``(C) Removal of interstate/intrastate 
                distinction.--Notwithstanding section 2(b) of this Act, 
                the Commission may assess the interstate, intrastate, 
                and international portions of communications service 
                for the purpose of universal service contributions.
                    ``(D) Group plan discount.--If the Commission 
                utilizes a methodology under subparagraph (A) based in 
                whole or in part on in-use working phone numbers, it 
                may provide a discount for additional numbers provided 
                under a group or family pricing plan for residential 
                customers provided in 1 bill.
            ``(4) Non-discriminatory eligibility requirement.--A 
        communications service provider is not exempted from the 
        requirements of this subsection solely on the basis that such 
        provider is not eligible to receive support under this section.
            ``(5) Billing.--
                    ``(A) In general.--A communications service 
                provider that contributes to universal service under 
                this section may place on any customer bill a separate 
                line item charge that does not exceed the amount for 
                the customer that the provider is required to 
                contribute under this subsection that shall be 
                identified as the `Federal Universal Service Fee'.
                    ``(B) Limitation.--A communications service 
                provider may not separately bill customers for 
                administrative costs associated with its collection and 
                remission of universal service fees under this 
                subsection.
            ``(6) Definitions.--In this subsection:
                    ``(A) Broadband service.--The term `broadband 
                service' means any service (whether part of a bundle of 
                services or offered separately) used for transmission 
                of information of a user's choosing with a transmission 
                speed of at least 200 kilobits per second in at least 1 
                direction, regardless of the transmission medium or 
                technology employed, that connects to the public 
                Internet directly--
                            ``(i) to the public; or
                            ``(ii) to such classes of users as to be 
                        effectively available directly to the public.
                    ``(B) Communications service.--The term 
                `communications service' means telecommunications 
                service, broadband service, or IP-enabled voice service 
                (whether part of a bundle of services or offered 
                separately).
                    ``(C) Connection.--The term `connection' means the 
                facilities that provide customers with access to a 
                public or private network, regardless of whether the 
                connection is circuit-switched, packet-switched, 
                wireline or wireless, or leased line.
                    ``(D) In-vehicle emergency communications.--The 
                term `in-vehicle emergency communications' means 
                services and technology, including automatic crash 
                notification, roadside assistance, SOS distress calls, 
                remote diagnostics, navigation or location-based 
                services, and other driver assistance services, which 
                are integrated into passenger automobiles to facilitate 
                communications from the automobile to emergency 
                response professionals.
                    ``(E) IP-enabled voice service.--The term `IP-
                enabled voice service' means the provision of real-time 
                2-way voice communications offered to the public, or 
                such classes of users as to be effectively available to 
                the public, transmitted through customer premises 
                equipment using Internet protocol, or a successor 
                protocol, for a fee (whether part of a bundle of 
                services or offered separately) with 2-way 
                interconnection capability such that the service can 
                originate traffic to, and terminate traffic from, the 
                public switched telephone network.
                    ``(F) Working phone numbers.--The term `working 
                phone number' means an assigned number (as defined in 
                section 52.15 of the Commission's regulations (47 
                C.F.R. 52.15)) or an intermediate number (as defined in 
                that section).''.
            (2) Conforming amendment.--Section 254(b)(4) (47 U.S.C. 
        254(b)(4)) is amended by striking ``telecommunications 
        services'' and inserting ``communications services (as defined 
        in subsection (d)(6)(B)''.
            (3) State authority.--Section 254(f) (47 U.S.C. 254(f)) is 
        amended to read as follows:
    ``(f) State Authority.--
            ``(1) In general.--A State may adopt regulations not 
        inconsistent with the Commission's rules to preserve and 
        advance universal service. In adopting those rules, a State may 
        require telecommunications service providers and IP-enabled 
        voice service (as defined in subsection (d)(6)(E)) providers to 
        contribute to universal service on the basis of--
                    ``(A) revenue;
                    ``(B) in-use working phone numbers or any other 
                identifier protocol or connection to the networks;
                    ``(C) network capacity; or
                    ``(D) any combination of such methodologies.
            ``(2) Disregard of interstate component.--A State may 
        require telecommunications service providers and IP-enabled 
        voice service providers to contribute under paragraph (1) 
        regardless of whether the service contains an interstate 
        component.
            ``(3) Bundling.--If a telecommunications service or IP-
        enabled voice service is offered as part of a bundle of 
        services, the Commission shall determine a fair allocation of 
        revenue between the telecommunications service or IP-enabled 
        voice service and other bundled services if the primary place 
        of use of such bundled services is within the State.
            ``(4) Guidelines.--Regulations adopted by a State under 
        this subsection shall result in a specific, predictable, and 
        sufficient mechanism to support universal service and shall be 
        competitively and technologically neutral, equitable, and 
        nondiscriminatory.''.
    (b) Proper Accounting of Universal Service Contributions.--
            (1) From all budgets.--Notwithstanding any other provision 
        of law, the receipts and disbursements of universal service 
        under section 254 of the Communications Act of 1934 (47 U.S.C. 
        254) shall not be counted as new budget authority, outlays, 
        receipts, or deficit or surplus for purposes of--
                    (A) the budget of the United States Government as 
                submitted by the President;
                    (B) the Congressional budget;
                    (C) the Balanced Budget and Emergency Deficit 
                Control Act of 1985; or
                    (D) any other law requiring budget sequesters.
            (2) Additional exemptions.--Section 1341, subchapter II of 
        chapter 15, and sections 3302, 3321, 3322, and 3325 of title 
        31, United States Code, shall not apply to--
                    (A) the collection and receipt of universal service 
                contributions, including the interest earned on such 
                contributions; or
                    (B) disbursements or other obligations authorized 
                by the Federal Communications Commission under section 
                254 and 254A of the Communications Act of 1934 (47 
                U.S.C. 254 and 254A).
    (c) Financial Management.--The Federal Communications Commission 
and the Administrator of the Universal Service Fund--
            (1) shall account for the financial transactions of the 
        Fund in accordance with generally accepted accounting 
        principles for Federal agencies;
            (2) shall maintain the accounts of the Fund in accordance 
        with the United States Government Standard General Ledger; and
            (3) may invest unexpended balances only in Federal 
        securities (as defined in section 113(b)(5) of Office of 
        Management and Budget circular OMB A-11 or any revision of that 
        circular).
    (d) Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, the Federal Communications Commission shall 
issue a rule to implement section 254(d) of the Communications Act of 
1934 (47 U.S.C. 254(d)) as amended by this section.
    (e) Congressional Review.--Any rule issued under subsection (d) 
shall--
            (1) be submitted to Congress, along with any data and 
        information relied upon to establish such rule; and
            (2) not take effect until the date that is 90 days after 
        the date of such submission.

SEC. 212. MODIFICATION OF RURAL VIDEO SERVICE EXEMPTION.

    (a) Rural telephone companies.--Section 251(f)(1) (47 U.S.C. 
251(f)(1)) is amended--
            (1) by striking ``Subsection'' in subparagraph (A) and 
        inserting ``Except as provided in subparagraph (B), 
        subsection'';
            (2) by striking ``interconnection, services, or network 
        elements'' in subparagraphs (A) and (B) and inserting 
        ``services or network elements'';
            (3) by striking ``(under subparagraph (B))'' in 
        subparagraph (A) and inserting ``(under subparagraph (C))'';
            (4) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (D) and (E);
            (5) by inserting after subparagraph (A) the following:
                    ``(B) Certain carriers.--Subsection (c) (other than 
                paragraphs (1) and (2) thereof) of this section shall 
                not apply to a rural telephone company in Alaska with 
                fewer than 10 access lines per square mile installed in 
                the aggregate in its service area (as defined in 
                section 214(e)(5)).
                    ``(C) Interconnection.--Notwithstanding 
                subparagraphs (A) and (D), paragraphs (1) and (2) of 
                subsection (c) of this section shall not apply to a 
                rural telephone company until such company has received 
                a bona fide request for interconnection.''; and
            (6) by striking subparagraph (E), as redesignated.
    (b) Other Rural Carriers.--Section 251(f)(2) (47 U.S.C. 251(f)(2)) 
is amended by inserting ``(other than paragraphs (1) and (2) of 
subsection (c))'' after ``subsection (b) or (c)'' in the first 
sentence.
    (c) Effective Date.--Notwithstanding any other provision of this 
Act, the amendments made by this section shall take effect on the date 
of enactment of this Act.

SEC. 213. INTERCONNECTION.

    Title VII (47 U.S.C. 601 et seq.) is amended by adding after 
section 714 the following new section:

``SEC. 715. RIGHTS AND OBLIGATIONS OF IP-ENABLED VOICE SERVICE 
              PROVIDERS.

    ``(a) In General.--A facilities-based IP-enabled voice service 
provider shall have the same rights, duties, and obligations, including 
any obligation imposed under section 276, as a requesting 
telecommunications carrier under sections 251 and 252, if the provider 
elects to assert such rights. A telecommunications carrier may not 
refuse to transport or terminate IP-enabled voice traffic solely on the 
basis that it is IP-enabled. A provider originating, transmitting, or 
terminating IP-enabled voice traffic shall not be exempted from paying 
compensation for interstate traffic owed to another provider or carrier 
solely on the basis that such traffic is IP-enabled, and any 
obligations to pay compensation with respect to traffic that originates 
or terminates on the public switched telephone network shall be 
reciprocal, including any payment to an IP-enabled voice service 
provider that receives traffic from, or sends traffic to, the public 
switched telephone network.
    ``(b) Disabled Access.--An IP-enabled voice service provider or a 
manufacturer of IP-enabled voice service equipment shall have the same 
rights, duties, and obligations as a telecommunications carrier or 
telecommunications equipment manufacturer, respectively, under sections 
225, 255, and 710 of the Act. Within 1 year after the date of enactment 
of the Internet and Universal Service Act of 2006, the Commission, in 
consultation with the Architectural and Transportation Barriers 
Compliance Board, shall prescribe such regulations as are necessary to 
implement this section. In prescribing the regulations, the Commission 
shall take into account the differences between IP-enabled voice 
service and circuit-switched communications, and the functionalities 
required by the disabled community. Every 2 years after the date of 
enactment of the Internet and Universal Service Act of 2006, the 
Commission shall submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Energy and 
Commerce of the House of Representatives that assesses the level of 
compliance with this section and evaluates the extent to which any 
accessibility barriers still exist with respect to new technologies and 
hearing aid compatibility.
    ``(c) IP-Enabled Emergency Response Systems.--Prior to installation 
or activation of an IP-enabled voice service for a customer, an IP-
enabled voice service provider shall provide clear and conspicuous 
notice to the customer that--
            ``(1) such customer should arrange with his or her 
        emergency response system provider, if any, to test such system 
        after installation;
            ``(2) such customer should notify his or her emergency 
        response system provider as soon as the IP-enabled voice 
        service is installed; and
            ``(3) a battery backup may be required for customer 
        premises equipment installed in connection with the IP-enabled 
        voice service in order for the signaling of such system to 
        function in the event of a power outage.
    ``(e) No Effect on Tax Laws.--Nothing in this section shall be 
construed to modify, impair, supersede, or authorize the modification, 
impairment, or supersession of, any State or local tax law.
    ``(f) Definitions.--In this section:
            ``(1) Emergency response system.--The term `emergency 
        response system' means an alarm or security system, or personal 
        security or medical monitoring system, that is connected to an 
        emergency response center by means of a telecommunications 
        carrier or IP-enabled voice service provider.
            ``(2) Emergency response center.--The term `emergency 
        response center' means an entity that monitors transmissions 
        from an emergency response system.
            ``(3) Facilities-based.--The term `facilities-based' 
        includes an IP-enabled voice service provider with control and 
        operation within a local access transport area of--
                    ``(A) communications switching and routing 
                equipment;
                    ``(B) long-haul trunks; or
                    ``(C) local transmission facilities.
            ``(4) IP-enabled voice service.--The term `IP-enabled voice 
        service' means the provision of real-time 2-way voice 
        communications offered to the public, or such classes of users 
        as to be effectively available to the public, transmitted 
        through customer premises equipment using Internet protocol, or 
        a successor protocol, for a fee (whether part of a bundle of 
        services or offered separately) with interconnection capability 
        such that the service can originate traffic to, and terminate 
        traffic from, the public switched telephone network.''.

SEC. 214. TREATMENT OF SUBSTITUTE SERVICES UNDER SECTION 254(G).

    Section 254(g) (47 U.S.C. 254(g)) is amended by inserting after 
``State.'' the following: ``This section shall also apply to any 
services within the jurisdiction of the Commission that can be used as 
effective substitutes for interexchange telecommunications services, 
including any such substitute classified as an information service that 
uses telecommunications.''.

            Subtitle B--Distributions From Universal Service

SEC. 251. ENCOURAGING BROADBAND DEPLOYMENT.

    (a) In General.--Beginning 2 years after the date of enactment of 
this Act, and biennially thereafter, an eligible communications carrier 
shall submit a report to the Commission and to the State commission in 
each State in which it provides communications service that sets forth 
the following:
            (1) The percentage of households to which it offers 
        broadband service in each of its service areas.
            (2) The percentage of households that subscribe to 
        broadband service in each of its service areas.
            (3) The service plans and speeds at which broadband service 
        is offered in each of its service areas.
            (4) The types of technologies used in offering broadband 
        service in each of its service areas.
            (5) Any planned upgrade or deployment of broadband service 
        in the next 2 years in each of its service areas.
    (b) Information Treated as Confidential.--The Commission and State 
commissions shall treat information received pursuant to subsection (a) 
as confidential and proprietary, and shall protect sensitive business 
information from disclosure in any reports made public.
    (c) Commission Report.--The Commission shall incorporate the data 
from reports it receives under subsection (a) into its advanced 
telecommunications capability reports under section 706 of the 
Telecommunications Act of 1996.

SEC. 252. ESTABLISHMENT OF BROADBAND PROGRAM.

    Part I of title II (47 U.S.C. 201 et seq.) is amended by inserting 
after section 254 the following:

``SEC. 254A. BROADBAND FOR UNSERVED AREAS PROGRAM.

    ``(a) Program Established.--
            ``(1) In general.--The Commission shall establish a new 
        separate program to be known as the `Broadband for Unserved 
        Areas Program'.
            ``(2) Purpose.--The purpose of the Program is to provide 
        financial assistance for the deployment of broadband equipment 
        and infrastructure necessary for the deployment of broadband 
        service (including installation costs) to unserved areas 
        throughout the United States.
            ``(3) Funding.--The Program shall be funded by amounts 
        collected under section 254(d).
    ``(b) Implementation.--
            ``(1) In general.--Within 180 days after the date of 
        enactment of the Internet and Universal Service Act of 2006, 
        the Commission shall issue rules establishing--
                    ``(A) guidelines for determining which areas may be 
                considered to be unserved areas for purposes of this 
                section, which may be portions of service areas or 
                study areas;
                    ``(B) criteria for determining which facilities-
                based providers of broadband service and which projects 
                are eligible for support from the Program;
                    ``(C) procedural guidelines for awarding assistance 
                from the Program on a merit-based and competitive 
                basis;
                    ``(D) guidelines for application procedures, 
                accounting and reporting requirements, and other 
                appropriate fiscal controls for assistance made 
                available from the Program, including random audits 
                with respect to the receipt and use of funds under this 
                section;
                    ``(E) a procedure for making funds in the Program 
                available among the several States on an equitable 
                basis; and
                    ``(F) the Universal Service Administrative Company 
                as the administrator of the Program, subject to 
                Commission rules and oversight.
            ``(2) Facilities-based provider eligibility.--For purposes 
        of this section, satellite broadband service providers, 
        terrestrial wireless broadband service providers, and wireline 
        broadband service providers shall be considered to be 
        facilities-based providers eligible for support from the 
        Program. The deployment of satellite broadband service customer 
        premises equipment shall be considered to be a project eligible 
        for support from the Program.
            ``(3) De minimis subscribership exception.--The 
        availability of satellite broadband service in an area shall 
        not preclude the designation of that area as an unserved area 
        if the Commission determines that subscribership to broadband 
        satellite service in the area is de minimis.
            ``(4) Multiple areas within state.--There may be more than 
        1 unserved area within a State.
    ``(c) Limitations.--
            ``(1) Annual amount.--Amounts obligated or expended under 
        subsection (b) for any fiscal year may not exceed $500,000,000.
            ``(2) Unobligated balances.--To the extent that the full 
        amount in the program is not obligated for financial assistance 
        under this section within a fiscal year, any unobligated 
        balance shall be used to support universal service under 
        section 254.
            ``(3) Support limited to single facilities-based provider 
        per unserved area.--Assistance under this section may be 
        provided only to 1 facilities-based provider of broadband 
        service in each unserved area.
    ``(d) Application With Section 410.--Section 410 shall not apply to 
the Broadband for Unserved Areas Program.
    ``(e) Broadband Service Defined.--
            ``(1) In general.--In this section, except to the extent 
        revised by the Commission under paragraph (2), the term 
        `broadband service' means any service used for transmission of 
        information of a user's choosing at a transmission speed of at 
        least 400 kilobits per second in at least 1 direction, 
        regardless of the transmission medium or technology employed, 
        that connects to the public Internet directly--
                    ``(A) to the public; or
                    ``(B) to such classes of users as to be effectively 
                available directly to the public.
            ``(2) Annual review of transmission speed.--The Commission 
        shall review the transmission speed component of the definition 
        in paragraph (1) biannually and revise that component as 
        appropriate.
    ``(f) Report.--The Commission shall transmit an annual report to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Energy and Commerce making 
recommendations for an increase or decrease, if necessary, in the 
amounts credited to the program under this section.''.

SEC. 253. COMPETITIVE NEUTRALITY PRINCIPLE.

    Section 254(b) (47 U.S.C. 254(b)) is amended by redesignating 
paragraph (7) as paragraph (8), and inserting after paragraph (6) the 
following:
            ``(7) Competitive neutrality.--Universal service support 
        mechanisms and rules should be competitively neutral. In this 
        context, competitively neutral means that universal service 
        support mechanisms and rules neither unfairly advantage nor 
        disadvantage one provider over another, and neither unfairly 
        favor nor disfavor one technology over another.''.

SEC. 254. TRANSITION RULES FOR MODIFICATIONS ADVERSELY AFFECTING 
              CARRIERS.

    If the Federal Communications Commission modifies the high-cost 
distribution rules under section 254 of the Communications Act of 1934 
(47 U.S.C. 254), it shall adopt transition mechanisms of not less than 
5 years in duration designed to alleviate any harmful affect of those 
modifications on existing eligible communications carriers and their 
customers.

SEC. 255. ELIGIBILITY GUIDELINES.

    Section 214(e) (47 U.S.C. 214(e)) is amended by adding at the end 
the following:
            ``(7) Eligibility guidelines.--
                    ``(A) In general.--A common carrier may not be 
                designated as a new eligible communications carrier 
                unless it--
                            ``(i) is committed to providing service 
                        throughout its proposed designated service 
                        area, using its own facilities or a combination 
                        of facilities and resale of another carrier's 
                        facilities, to all customers making a 
                        reasonable request for service;
                            ``(ii) has certified to the State 
                        commission or the Commission that it will 
                        provide service on a timely basis to requesting 
                        customers within its service area, if service 
                        can be provided at reasonable cost;
                            ``(iii) has submitted a plan to the State 
                        commission or the Commission that describes 
                        with specificity proposed improvements or 
                        upgrades to its network that will be 
                        accomplished with high-cost support over the 
                        first 2 years following its designation as an 
                        eligible communications carrier;
                            ``(iv) has demonstrated to the State 
                        commission or the Commission its ability to 
                        remain functional in emergency situations, 
                        including a demonstration that it has a 
                        reasonable amount of back-up power to ensure 
                        functionality without an external power source;
                            ``(v) is committed to following applicable 
                        consumer protection and service quality 
                        standards; and
                            ``(vi) has complied with annual reporting 
                        requirements established by the Commission or 
                        by State Commissions for all carriers receiving 
                        universal service support to ensure that such 
                        support is used for the provision, maintenance, 
                        and upgrading of the facilities for which 
                        support is intended.
                    ``(B) Application limited to post date-of-enactment 
                designations.--Subparagraph (A) applies only to an 
                entity designated as an eligible communications carrier 
                after the date of enactment of the Internet and 
                Universal Service Act of 2006.
                    ``(C) 6-month designation deadline.--Beginning 6 
                months after the date of enactment of the Internet and 
                Universal Service Act of 2006, a State commission or 
                the Commission shall grant or deny an application for 
                designation as an eligible communications carrier 
                within 6 months after the date on which it receives a 
                complete application.
                    ``(D) Eligible communications carrier.--In this 
                paragraph, the term `eligible communications carrier' 
                means an entity designated under paragraph (2), (3), or 
                (6) of this subsection. Any reference to eligible 
                telecommunications carrier in this section or in 
                section 254 refers also to an eligible communications 
                carrier.''.

SEC. 256. PRIMARY LINE.

    Section 214(e) (47 U.S.C. 214(e)), as amended by section 255 of 
this Act, is amended by adding at the end the following:
            ``(8) Primary line.--In implementing the requirements of 
        this Act with respect to the distribution and use of Federal 
        universal service support, the Commission shall not limit such 
        distribution and use to a single connection or primary line, 
        and all residential and business lines served by an eligible 
        communications carrier shall be eligible for Federal universal 
        service support.''.

SEC. 257. PHANTOM TRAFFIC.

    (a) In General.--Section 254 (47 U.S.C. 254) is amended by adding 
at the end the following:
    ``(m) Network Traffic Identification Accountability Standards.--
            ``(1) Network traffic identification accountability 
        standards.--A provider of voice communications services shall 
        ensure, to the degree technically possible, that all traffic 
        that originates on its network contains, or, in the case of 
        nonoriginated traffic, preserves, sufficient information to 
        allow for traffic identification by other voice communications 
        service providers that transport or terminate such traffic, 
        including information on the identity of the originating 
        provider, the class of service of the originating line as 
        required under Commission orders in effect on the date of 
        enactment of the Internet and Universal Service Act of 2006, 
        the calling and called parties, and such other information as 
        the Commission deems appropriate. Except as otherwise permitted 
        by the Commission, a provider that transports traffic between 
        communications service providers shall signal-forward without 
        altering call signaling information it receives from another 
        provider.
            ``(2) Network traffic identification rulemaking.--The 
        Commission, in consultation with the State commissions, shall 
        initiate a single rulemaking no later than 180 days after the 
        date of enactment of the Internet and Universal Service Act of 
        2006 to establish rules and enforcement provisions for traffic 
        identification.
            ``(3) Network traffic identification enforcement.--The 
        Commission shall adopt and enforce clear penalties, fines, and 
        sanctions under this section.
            ``(4) Voice communications service defined.--In this 
        subsection, the term `voice communications service' means 
        telecommunications service or IP-enabled voice service (as 
        defined in section 254(d)(6)(E)).''.
    (b) Conforming Amendment.--Section 276(d) (47 U.S.C. 276(d)) is 
amended--
            (1) by striking ``Definition.--'' and inserting 
        ``Definitions.--''; and
            (2) by striking ``services.'' and inserting ``services, and 
        the term `call' includes any communication coming within the 
        definition of `communications service' (as defined in section 
        254(d)) when it originated from a payphone.''.

SEC. 258. RANDOM AUDITS.

    Section 254 (47 U.S.C. 254), as amended by section 257 of this Act, 
is amended by adding at the end the following:
    ``(n) Audits.--The Commission shall provide for random periodic 
audits, to be administered by the Universal Service Administrative 
Company, of each recipient of funds collected pursuant to subsection 
(d) with respect to its receipt and use of such support. With respect 
to an eligible communications carrier, the audit shall include a review 
of its relative cost to provide service compared to other, similarly 
situated, universal service recipients based on their respective 
service areas (as defined in section 214(e)(5)). The Commission shall 
take such remedial action as it deems necessary if any audit under this 
subsection reveals improper use of universal service support, including 
the imposition of fines or other appropriate remedies.''.

SEC. 259. INTEGRITY AND ACCOUNTABILITY.

    (a) In General.--The Federal Communications Commission, in 
consultation with the Administrator of the Universal Service 
Administrative Company, shall--
            (1) ensure the integrity and accountability of all programs 
        established under sections 254 and 254A of the Communications 
        Act of 1934 (47 U.S.C. 254 and 254A); and
            (2) not later than 180 days after the date of enactment of 
        this Act, establish rules--
                    (A) identifying appropriate fiscal controls and 
                accountability standards that shall be applied to 
                programs under sections 254 and 254A;
                    (B) establishing a memorandum of understanding, or 
                contractual relationships, as the Commission determines 
                appropriate, defining the administrative structure and 
                processes by which the Universal Service Administrative 
                Company administers programs under sections 254 and 
                254A;
                    (C) creating performance goals and measures for 
                programs under sections 254 and 254A, that shall be 
                used by the Commission to determine--
                            (i) how efficiently and cost-effectively 
                        the Universal Service Administrative Company 
                        spends funds pursuant to its operation of all 
                        universal service programs; and
                            (ii) areas for improving operations;
                    (D) creating performance goals and measurements for 
                the Schools and Libraries Program under section 254(h) 
                that--
                            (i) determine the progress of schools and 
                        libraries toward achieving advances in 
                        connectivity goals; and
                            (ii) reflect the evolving level of advanced 
                        services; and
                    (E) establishing appropriate enforcement actions, 
                including the imposition of sanctions on applicants and 
                vendors who repeatedly and knowingly violate program 
                rules set forth in section 254(h) or adopted by the 
                Commission, such as debarment from the program for 
                individuals convicted of crimes or held civilly liable 
                for actions taken in connection with the Schools and 
                Libraries Program.
    (b) Permanent Ban of Vendors Convicted of Criminal Fraud.--A vendor 
that has been convicted of a criminal fraud violation in connection 
with the provision of goods or services under section 254(h) of the 
Communications Act of 1934 (47 U.S.C. 254(h)) is not eligible to 
provide goods or services to any school, library, or other entity under 
the program authorized by that section.

SEC. 260. IMPROVING EFFECTIVENESS OF RURAL HEALTH CARE SUPPORT 
              MECHANISM.

    (a) In General.--Section 254(h) (47 U.S.C. 254(h)) is amended--
            (1) by resetting so much of paragraph (1)(A) as follows 
        ``areas.--'' as an indented paragraph 6 ems from the left 
        margin and inserting ``(i) In general.--'' before ``A 
        telecommunications'';
            (2) by inserting ``deployment of reasonable infrastructure 
        and'' after ``including'' in the first sentence of paragraph 
        (1)(A)(i), as designated by paragraph (1) of this subsection;
            (3) by striking ``service.'' in paragraph (1)(A)(i), as 
        designated by paragraph (1) of this subsection, and inserting 
        ``service, and to receive reimbursement promptly of any amount 
        in excess of such obligations to participate in universal 
        service mechanisms.'';
            (4) by adding at the end of paragraph (1)(A) the following:
                            ``(ii) Limitation.--The discount required 
                        under clause (i) shall be available only to a 
                        public or nonprofit health care provider 
                        located in a rural area.
                            ``(iii) Definition.--For purposes of this 
                        subparagraph, the term `rural area' means--
                                    ``(I) any incorporated or 
                                unincorporated area in the United 
                                States, or in the territories or 
                                insular possessions of the United 
                                States that has not more than 20,000 
                                inhabitants based on the most recent 
                                available population statistics 
                                published in the most recent decennial 
                                census issued by the Census Bureau;
                                    ``(II) any area located outside the 
                                boundaries of any incorporated or 
                                unincorporated city, county, or borough 
                                that has more than 20,000 inhabitants 
                                based on the most recent available 
                                population statistics published in the 
                                most recent decennial census issued by 
                                the Census Bureau; or
                                    ``(III) any area that qualified as 
                                a rural area under the rules of the 
                                Commission in effect on December 1, 
                                2004.'';
            (5) by striking ``and'' in paragraph (7)(B)(vi); and
            (6) by striking paragraph (7)(B)(vii) and inserting the 
        following:
                            ``(vii) not-for-profit nursing homes or 
                        skilled nursing facilities;
                            ``(viii) critical access hospitals;
                            ``(ix) emergency medical services 
                        facilities;
                            ``(x) hospice providers;
                            ``(xi) rural dialysis facilities;
                            ``(xii) tribal health clinics;
                            ``(xiii) not-for-profit dental offices;
                            ``(xiv) school health clinics;
                            ``(xv) residential treatment facilities;
                            ``(xvi) rural pharmacies;
                            ``(xvii) consortia of health care providers 
                        consisting of 1 or more entities described in 
                        clauses (i) through (xv); and
                            ``(xviii) any other entity the Commission 
                        determines--
                                    ``(I) eligible to receive 
                                discounted telecommunications service 
                                under paragraph (1)(A); and
                                    ``(II) essential to the public 
                                health.''.
    (b) Schools, Libraries, Rural Health Care, Life-Line, Link-Up, and 
Toll Limitation Hold Harmless.--Except as provided in subsections 
(h)(1)(A), (h)(7)(B), and (h)(7)(J) of section 254 of the 
Communications Act of 1934 (47 U.S.C. 254), as amended by subsection 
(a)--
            (1) nothing in this Act (or the amendments made by this 
        Act) shall be construed as limiting, changing, modifying, or 
        altering the amount of support or means of distribution for the 
        schools, libraries, rural health care, life-line, link-up, and 
        toll limitation programs; and
            (2) the Federal Communications Commission shall ensure that 
        such amendments do not result in a decrease of such support to 
        a level below the level for the fiscal year preceding the 
        fiscal year in which this Act is enacted.
    (c) American Community Survey Residential Internet Access 
Question.--The Secretary of Commerce, in consultation with the Federal 
Communications Commission, shall expand the American Community Survey 
conducted by the Bureau of the Census to elicit information for 
residential households, including those located on Indian land (as 
defined in section 4(9) of the American Indian Agricultural Resource 
Management Act (25 U.S.C. 3703(9))), as to what technology such 
households use to access the Internet from home.

SEC. 261. COMMUNICATIONS SERVICES FOR LIBRARIES.

    Section 254(h)(4) of the Communications Act of 1934 (47 U.S.C. 
254(h)(4)) is amended to read as follows:
            ``(4) Certain users not eligible.--Notwithstanding any 
        other provision of this subsection, the following entities are 
        not entitled to preferential rates or treatment as required by 
        this subsection:
                    ``(A) An entity operated as a for-profit business.
                    ``(B) A school described in paragraph (7)(A) with 
                an endowment of more than $50,000,000.
                    ``(C) A library or library consortium not eligible 
                for assistance under the Library Services and 
                Technology Act (20 U.S.C. 9101 et seq.) from a State 
                library administrative agency.
                    ``(D) A library or library consortium not eligible 
                for assistance funded by a grant under section 261 of 
                the Library Services and Technology Act (20 U.S.C. 
                9161) from an Indian tribe or other organization.''.

SEC. 262. USF SUPPORT FOR INSULAR AREAS.

    Within 180 days after the date of enactment of this Act, the 
Federal Communications Commission shall issue an order in FCC Docket 
96-45 establishing a predictable and sufficient support mechanism for 
eligible carriers in insular areas, including any insular area that is 
a State comprised entirely of islands, that includes assistance for 
high-cost communications transport services used by carriers whose 
service territory includes multiple noncontiguous service areas.

            TITLE III--STREAMLINING THE FRANCHISING PROCESS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Video Competition and Savings for 
Consumers Act of 2006''.

 Subtitle A--Updating the 1934 Act and Leveling the Regulatory Playing 
                                 Field

SEC. 311. APPLICATION OF TITLE VI TO VIDEO SERVICES AND VIDEO SERVICE 
              PROVIDERS.

    (a) Terminology.--Title VI (47 U.S.C. 521 et seq.), except for 
section 602 (47 U.S.C. 522), is amended--
            (1) by striking ``cable operator'', ``cable operator's'', 
        and ``cable operators'' each place they appear and inserting 
        ``video service provider'', ``video service provider's'', or 
        ``video service providers'', respectively;
            (2) by striking ``cable'' when used in ``cable auxiliary'', 
        ``cable communications'', ``cable network'', ``cable 
        programmer'', ``cable programmers'', ``cable service'', ``cable 
        services'', ``cable subscriber'', ``cable system'', ``cable 
        systems'', or ``cable telecommunications'', each place it 
        appears and inserting ``video service'';
            (3) by striking ``noncable'' in section 
        614(h)(1)(C)(ii)(IV) and inserting ``non-video service'';
            (4) except where amended by paragraph (1), by striking 
        ``operator'', ``operator's'', and ``operators'' each place they 
        appear and inserting ``provider'', ``provider's'', or 
        ``providers'', respectively;
            (5) by striking ``cassette'' each place it appears; and
            (6) by striking ``tape'' each place it appears and 
        inserting ``record''.
    (b) Headings.--Title VI (47 U.S.C. 521 et seq.) is amended--
            (1) by striking the heading for title VI and inserting 
        ``TITLE VI--VIDEO SERVICES'';
            (2) by striking the heading for part II and inserting 
        ``PART II--USE OF VIDEO SERVICES; RESTRICTIONS'';
            (3) by striking the heading for part III and inserting 
        ``PART III--FRANCHISING''; and
            (4) striking ``CABLE'' in the heading for sections 633 and 
        640 and inserting ``VIDEO''.
    (c) Regulations.--Notwithstanding section 381(a) of this Act:
            (1) New regulations.--Within 120 days after the date of 
        enactment of this Act, the Commission shall issue regulations 
        to implement sections 603, 611, 612, 621, and 622 of the 
        Communications Act of 1934, as amended by this Act.
            (2) Updating existing regulations.--Within 120 days after 
        the date of enactment of this Act, the Commission shall issue, 
        as necessary, updated regulations needed under title VI or 
        other provisions of the Communications Act of 1934 to reflect 
        the amendments made by this Act.

SEC. 312. FRANCHISE APPLICATIONS; SCOPE.

    Part I of title VI (47 U.S.C. 521 et seq.) is amended by adding at 
the end the following:

``SEC. 603. FRANCHISE APPLICATIONS.

    ``(a) In General.--
            ``(1) Expedited process.--Except as otherwise provided in 
        this subsection, a franchising authority shall grant a 
        franchise to provide video service within its franchise area to 
        a video service provider within 90 calendar days after 
        receiving a franchise application that is complete from the 
        video service provider except for--
                    ``(A) the franchise fee percentage, as provided by 
                section 622(b)(1);
                    ``(B) the number of public, educational, or 
                governmental use channels required by section 611;
                    ``(C) any fee percentage that may be assessed under 
                section 622(b)(4); and
                    ``(D) the point of contact for the franchising 
                authority.
            ``(2) Standardized application form.--A video service 
        provider shall use the standard franchise application form 
        promulgated by the Commission under section 612.
            ``(3) Responsibilities of franchising authority--After 
        receiving a franchise application under paragraph (1), a 
        franchising authority shall--
                    ``(A) publish public notice of the application 
                within 15 days after receiving a complete application 
                from a video service provider if public notice is 
                required by State or local law; and
                    ``(B) complete and return the application form by 
                providing the information described in subparagraphs 
                (A), (B), (C), and (D) of paragraph (1) in a manner 
                that is consistent with the requirements of this title 
                within 90 calendar days after the date on which it was 
                received.
            ``(4) Acceptance of terms.--A franchising agreement shall 
        take effect 15 calendar days after the date that the completed 
        franchise application is received by the applicant under 
        paragraph (3)(B) unless the applicant notifies the franchising 
        authority within that 15-day period that the terms offered are 
        not accepted.
            ``(5) Exception.--This subsection does not require a 
        franchising authority to approve or complete an application 
        from a video service provider if a franchise held by that 
        provider has been revoked under section 625(b) by the 
        franchising authority.
    ``(b) Deemed Approval.--Except as provided in subsection (a)(5), if 
a franchising authority fails to act on a franchise application that 
meets the requirements of this title within the 90-day period described 
in subsection (a)(3)(B), the franchise application shall be deemed 
granted--
            ``(1) effective on the 91st day after the franchising 
        authority received the application;
            ``(2) for a term of 15 years;
            ``(3) with--
                    ``(A) the same percentage of gross revenue paid by 
                the cable operator with the most subscribers offering 
                cable service in the franchise area; or
                    ``(B) if there is no cable operator offering cable 
                service in the franchise area, 5 percent of gross 
                revenue; and
            ``(4) with an obligation to provide the number of public, 
        educational, or governmental use channels required by section 
        611.
    ``(c) Procedure.--If an application is not granted within the 90-
day period described in subsection (a)(3)(B) because of subsection 
(a)(5), the applicant may avail itself of the procedures in section 635 
of this Act.

``SEC. 604. NO EFFECT ON STATE LAWS OF GENERAL APPLICABILITY.

    ``Nothing in this title is intended to affect State or local laws 
of general applicability, except to the extent that such laws are 
inconsistent with this title.

``SEC. 605. DIRECT BROADCAST SATELLITE SERVICE.

    ``No State or local government may regulate direct broadcast 
satellite services (as that term is used in section 335 of this Act). 
This section shall not be construed to prevent taxation of a provider 
of direct-to-home satellite service by a State, to the extent otherwise 
permissible, and shall not preempt State or local laws of general 
applicability.''.

SEC. 313. STANDARD FRANCHISE APPLICATION FORM.

    Section 612 (47 U.S.C. 532) is amended to read as follows:

``SEC. 612. STANDARD FRANCHISE APPLICATION FORM.

    ``(a) In General.--Within 30 days after the date of enactment of 
the Video Competition and Savings for Consumers Act of 2006, the 
Commission shall promulgate a standard franchise application form, the 
use of which by franchising authorities shall be mandatory.
    ``(b) Compliance Commitments.--The franchise application form shall 
include a statement, to be signed by the video service provider--
            ``(1) that it agrees to comply with all applicable Federal 
        and State statutes and regulations that are consistent with 
        this title;
            ``(2) that it agrees to comply with all applicable 
        municipal regulations regarding the use and occupation of 
        public rights-of-way in the delivery of video service, 
        including the police powers of the municipalities in which the 
        service is delivered that are consistent with this title;
            ``(3) geographically identifying the franchise area in 
        which the provider intends to offer cable service pursuant to 
        the standard franchise; and
            ``(4) certifying that the information contained in the 
        notice is accurate and correct and that the provider will 
        immediately notify the franchising authority of any material 
        changes in that information during the franchise term.
    ``(c) Provisions To Be Supplied.--The franchise application form 
shall include only the following blank spaces to be filled in by the 
video service provider and the franchising authority, as appropriate:
            ``(1) The name of the video service provider.
            ``(2) The name and business address of each director and 
        principal executive officer.
            ``(3) A point of contact for the video service provider.
            ``(4) A point of contact for the franchising authority.
            ``(5) The franchise fee percentage under section 622(b)(1).
            ``(6) Any fee percentage that may be assessed under section 
        622(b)(4).
            ``(7) The period during which the franchising agreement 
        shall be in effect.
            ``(8) The public, educational, or governmental capacity to 
        be provided.
            ``(9) The physical location of the headend.
            ``(10) A description of the video service to be provided.
            ``(11) Signatures.
            ``(12) Dates for each signature.''.

SEC. 314. DEFINITIONS.

    (a) In General.--Section 602 (47 U.S.C. 522) is amended--
            (1) by striking ``cable system'' in paragraphs (1) and (9) 
        and inserting ``video service system'';
            (2) by striking ``regulation);'' in paragraph (4) and 
        inserting ``regulation) or its equivalent (as determined by the 
        Commission).'';
            (3) by inserting after paragraph (11) the following:
            ``(11A) Headend.--The term `headend' means the headend of a 
        cable system or its equivalent as determined by the 
        Commission.'';
            (4) by inserting after paragraph (12) the following:
            ``(12A) Institutional network.--The term `institutional 
        network' means a communication network constructed by a cable 
        operator that is generally available only to subscribers who 
        are not residential subscribers.'';
            (5) by striking ``cable operator'' in paragraph (14) and 
        inserting ``video service provider'';
            (6) by inserting after paragraph (16) the following:
            ``(16A) Satellite carrier.--The term `satellite carrier' 
        means an entity that uses the facilities of a satellite or 
        satellite service licensed by the Commission and operates in 
        the Fixed-Satellite Service under part 25 of title 47, Code of 
        Federal Regulations, or the Direct Broadcast Satellite Service 
        under part 100 of title 47, Code of Federal Regulations, to 
        establish and operate a channel of communications for point-to-
        multipoint distribution of television station signals, and that 
        owns or leases capacity or service on a satellite in order to 
        provide such point-to-multipoint distribution, except to the 
        extent that such entity provides such distribution pursuant to 
        tariff under this Act, for purposes other than for private home 
        viewing.'';
            (7) by striking ``cable service'' in paragraph (17) and 
        inserting ``video service'';
            (8) by striking ``cable operator'' each place it appears in 
        paragraph (17) and inserting ``video service provider''; and
            (9) by inserting after paragraph (20) the following:
            ``(24) Video service.--The term `video service' means--
                    ``(A) the transmission to subscribers of--
                            ``(i) video programming;
                            ``(ii) interactive on-demand service; or
                            ``(iii) other programming service; and
                    ``(B) subscriber interaction, if any, required for 
                the selection or use of such video programming, 
                interactive on-demand service, or other programming 
                service regardless of the transmission technology used 
                and regardless of how the subscriber interacts with the 
                service.
            ``(25) Video service provider.--The term `video service 
        provider'--
                    ``(A) means a facilities-based (as determined by 
                the Commission) provider of video service that utilizes 
                a public right-of-way in the provision of such service 
                (including cable operators and providers offering open 
                video systems under section 653), regardless of the 
                transmission technology used and regardless of how the 
                subscriber interacts with the service; but
                    ``(B) does not include any person to the extent 
                that the person is providing--
                            ``(i) satellite service, including if such 
                        service is bundled with, or offered in 
                        conjunction with, an Internet access service or 
                        other broadband capability;
                            ``(ii) video programming using radio 
                        communication directly to the recipient's 
                        premises; or
                            ``(iii) service via commercial mobile 
                        service (as defined in section 332(d)).''.
    (b) Stylistic Consistency.--Section 602 (47 U.S.C. 522), as amended 
by subsection (a), is amended--
            (1) by striking ``title--'' and inserting ``title:'';
            (2) by redesignating paragraphs (1) through (20) as 
        paragraphs (1) through (23);
            (3) by striking the semicolon at the end of each such 
        paragraph and inserting a period; and
            (4) by striking ``Commission; and'' in paragraph (22), as 
        redesignated, and inserting ``Commission.'';
            (5) except in paragraphs (12), (14), and (19), as 
        redesignated--
                    (A) by inserting after the designation of each such 
                paragraph a heading, in a form consistent with the form 
                of the heading of paragraphs (24) and (25), as added by 
                subsection (a) of this section consisting of the term 
                defined by such paragraph, or the first term so defined 
                if the paragraph defines more than 1 term; and
                    (B) by striking ``the'' the first place it appears 
                and inserting ``The''.

SEC. 315. FAMILY TIER STUDY.

    (a) In General.--The Congress endorses and commends cable 
operators, satellite providers, and other multi-channel video 
programming distributors for their voluntary efforts to offer family 
program tiers that seek to meet consumer demand for programming 
packages free of indecent and obscene programming suitable for family 
audiences.
    (b) Data Collection.--Every multichannel video programming 
distributor shall submit an annual report to the Federal Communications 
Commission on family tiers that includes whether it offers a family 
tier, the retail price of such tier, a description of the channels 
included in such tier, a description of the distributor's efforts to 
market such tier, and the subscribership level for every tier and 
package offered by such distributor. The Commission shall keep 
confidential any data that is not available in the public domain on the 
date of submission.
    (c) Report to Congress.--Within 1 year after the date of enactment 
of this Act, and every year thereafter for 5 years, the Commission 
shall submit a report to Congress aggregating the data it receives 
pursuant to subsection (b).

SEC. 316. NOTICE OF INQUIRY ON VIOLENT PROGRAMMING.

    Not later than 180 days after the date of enactment of this Act, 
the Federal Communications Commission shall complete its Notice of 
Inquiry and issue its finding in the matter of Violent Television 
Programming and Its Impact on Children, MB Docket No. 04-261. D23/

        Subtitle B--Streamlining the Provision of Video Services

SEC. 331. FRANCHISE REQUIREMENTS AND RELATED PROVISIONS.

    (a) General Franchise Requirements.--Section 621 (47 U.S.C. 541) is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) Award of franchise.--A franchising authority may 
        not--
                    ``(A) grant an exclusive franchise; or
                    ``(B) grant a franchise for a term shorter than 5 
                years or longer than 15 years as provided in section 
                603.
            ``(2) Preservation of local government authority to manage 
        public rights-of-way; easements.--
                    ``(A) In general.--Except as provided in this 
                title, no State or local law may prohibit, or have the 
                effect of prohibiting, a video service provider from 
                offering video service.
                    ``(B) Hold harmless.--A State or local government 
                shall apply its laws or regulations in a manner that is 
                reasonable, competitively neutral, nondiscriminatory, 
                and consistent with State police powers, including 
                permitting, payments for bonds, security funds, letters 
                of credit, insurance, indemnification, penalties, or 
                liquidated damages to ensure compliance with such laws 
                and regulations. Any permitting fees imposed by a State 
                or local government shall be for the purpose of 
                compensating that government for the costs incurred in 
                managing public rights-of-way. Any law or regulation 
                that meets the requirements of this subparagraph shall 
                not be held to violate subparagraph (A).
                    ``(C) Property owners.--Nothing in this title 
                precludes a State or local government from requiring 
                that a property owner be justly compensated by a video 
                service provider for damage caused by the installation, 
                construction, operation, or removal of facilities by 
                the video service provider.
                    ``(D) Dispute resolution.--If a dispute arises 
                concerning the application of subparagraph (A), (B), or 
                (C), the sole recourse of any party to the dispute 
                shall be to file an action in a court of competent 
                jurisdiction.
            ``(3) Use of public rights-of-way.--Any franchise shall be 
        construed to authorize the construction of a video service 
        system over public rights-of-way, and through easements, which 
        is within the area to be served by the video service system and 
        which have been dedicated for compatible uses, except that in 
        using such easements the video service provider shall ensure--
                    ``(A) that the safety and functioning of the 
                property and the safety of other persons not be 
                adversely affected by the installation or construction 
                of facilities necessary for a video service system; and
                    ``(B) that the cost of the installation, 
                construction, operation, or removal of such facilities 
                be borne by the video service provider or subscriber, 
                or a combination of both.''; and
            (2) by striking paragraph (1) of subsection (b) and 
        inserting ``(1) Except to the extent provided in subsection 
        (f), a video service provider may not provide video service 
        without a franchise.''.
    (b) Franchise Fee.--Section 622 (47 U.S.C. 542) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) In General.--A franchising authority may impose and collect a 
franchise fee from a video service provider that provides video 
services within the local franchise area of that authority. A 
franchising authority may not discriminate among video service 
providers in imposing or collecting any fee assessed under this 
section.
    ``(b) Amount.--
            ``(1) In general.--The franchise fee imposed by a 
        franchising authority under subsection (a) for any 12-month 
        period may not exceed 5 percent of the video service provider's 
        gross revenue derived in such period. For purposes of this 
        section, the 12-month period shall be the 12-month period 
        applicable under the franchise for accounting purposes.
            ``(2) Prepaid or deferred payment arrangements.--Nothing in 
        this subsection prohibits a franchising authority and a video 
        service provider from agreeing that franchise fees 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 
        the fees paid 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 fees had been paid per annum.
            ``(3) Franchising authority and video service provider 
        agreements.--Nothing in this section precludes a State or local 
        government and a video service provider from entering into a 
        voluntary commercial agreement, whereby in consideration for a 
        mutually agreed upon reduction in the franchise fee under 
        paragraph (1), the video service provider makes available to 
        the local unit of government services, equipment, capabilities, 
        or other valuable consideration.
            ``(4) PEG and institutional network financial support.--
                    ``(A) In general.--Except as provided in 
                subparagraph (D), a video service provider may be 
                required to pay a fee equal to--
                            ```(i) not more than 1 percent of the video 
                        service provider's gross revenue in the 
                        franchise area to the franchising authority for 
                        the support of public, educational, and 
                        governmental access facilities and 
                        institutional networks; or
                            ``(ii) the value, on a per subscriber 
                        basis, of all monetary grants or in-kind 
                        services or facilities for public, educational, 
                        or governmental access facilities provided by 
                        the cable operator in the franchise area with 
                        the most cable service subscribers in the 
                        calendar year preceding the date of enactment 
                        of the Video Competition and Savings for 
                        Consumers Act of 2006, pursuant to that cable 
                        operator's existing franchise in effect on the 
                        date of enactment of that Act.
                    ``(B) Calculation data.--A franchising authority 
                may require a cable operator to provide information 
                sufficient to calculate the per-subscriber equivalent 
                fee allowed by subparagraph (A)(ii). The information 
                shall be treated as confidential and proprietary 
                business information. The payments made by a video 
                service provider pursuant to subparagraph (A) shall be 
                assessed and collected in a manner consistent with this 
                section.
                    ``(C) Existing institutional networks.--
                            ``(i) Continued service.--Except as 
                        provided in subparagraph (D), a franchising 
                        authority may require a cable operator or video 
                        service provider with a franchise in effect on 
                        the date of enactment of the Video Competition 
                        and Savings for Consumers Act of 2006 to 
                        continue to provide any institutional network 
                        it was required to provide on the date of 
                        enactment of that Act notwithstanding the 
                        expiration or termination of that franchise 
                        pursuant to section 381(b) of the Video 
                        Competition and Savings for Consumers Act of 
                        2006.
                            ``(ii) New network not required.--A 
                        franchising authority may not require a video 
                        service provider to construct a new 
                        institutional network.
                    ``(D) Special rule.--In Hawaii--
                            ``(i) subparagraph (A)(ii) shall be applied 
                        by inserting `and institutional networks' after 
                        `governmental access facilities'; and
                            ``(ii) subparagraph (C)(i) shall be applied 
                        by inserting `or had committed to provide' 
                        after `required to provide'.''; and
            (2) by striking subsections (d) through (h), redesignating 
        subsection (i) as subsection (h), and inserting the following 
        after subsection (c):
    ``(d) Other Taxes, Fees, and Assessments Not Affected.--Except as 
otherwise provided in this section, nothing in this section shall be 
construed to modify, impair, supersede, or authorize the modification, 
impairment, or supersession of, any State or local law pertaining to 
taxation.
    ``(e) Annual Review.--
            ``(1) Franchising authority audit procedure.--A franchising 
        authority may, upon reasonable written request, but no more 
        than once in any 12-month period, review the business records 
        of a video service provider to the extent reasonably necessary 
        to ensure payment of the fees required by this section. The 
        review may include the methodology used by the video service 
        provider to assign portions of the revenue from video service 
        that may be bundled or functionally integrated with other 
        services, capabilities, or applications. The review shall be 
        conducted in accordance with procedures established by the 
        Commission.
            ``(2) Availability of books and records.--Upon request 
        under paragraph (1), a video service provider shall make 
        available its books and records for periodic audit by a 
        franchising authority. The franchising authority shall treat 
        information obtained in the course of such an audit as 
        confidential and proprietary and protect sensitive information 
        from public disclosure.
            ``(3) Cost recovery.--To the extent that the review under 
        paragraph (1) identifies an underpayment of more than 5 percent 
        of any fee required by this section for the period of review, 
        the video service provider shall reimburse the franchising 
        authority the reasonable costs of any such review conducted by 
        an independent third party with respect to such fee. The costs 
        of any contingency fee arrangement between the franchising 
        authority and the independent reviewer shall not be subject to 
        reimbursement.
            ``(4) Limitation.--Any fee that is not reviewed by a 
        franchising authority within 3 years after it is paid or 
        remitted shall not be subject to later review by the 
        franchising authority under this subsection and shall be deemed 
        accepted in full payment by the franchising authority.
    ``(f) GAAP Standards.--For purposes of this section, all financial 
determinations and computations shall be made in accordance with 
generally accepted accounting principles except as otherwise provided.
    ``(g) Definitions.--In this section:
            ``(1) Franchise fee.--The term `franchise fee'--
                    ``(A) includes any tax, fee, or assessment of any 
                kind imposed by a franchising authority or a State or 
                local governmental entity on a video service provider 
                or subscriber, or both, solely because of their status 
                as such; but
                    ``(B) does not include--
                            ``(i) any tax, fee, or assessment of 
                        general applicability (including any such tax, 
                        fee, or assessment imposed on both utilities 
                        and video service providers or their services 
                        but not including a tax, fee, or assessment 
                        which is unduly discriminatory against video 
                        service providers or subscribers);
                            ``(ii) any fee that is required by the 
                        franchise under subsection (b)(4);
                            ``(iii) requirements or charges incidental 
                        to the use of public rights-of-way, including 
                        payments for bonds, security funds, letters of 
                        credit, insurance, indemnification, penalties, 
                        or liquidated damages;
                            ``(iv) costs of fines, penalties, or 
                        recoupment; or
                            ``(v) any fee imposed under title 17, 
                        United States Code.
            ``(2) Gross revenue.--
                    ``(A) In general.--The term `gross revenue' means 
                all consideration of any kind or nature including cash, 
                credits, property, and in-kind contributions (services 
                or goods) received by a video service provider from the 
                provision of video service within a franchise area 
                including--
                            ``(i) all charges and fees paid by 
                        subscribers for the provision of video service, 
                        including fees attributable to video service 
                        when that service is sold individually or as 
                        part of a package or bundle, or is functionally 
                        integrated with services other than video 
                        service;
                            ``(ii) revenue received by a video service 
                        provider as compensation for carriage of video 
                        programming on the provider's system;
                            ``(iii) compensation received by a video 
                        service provider as compensation for promotion 
                        or exhibition of any product or service on the 
                        provider's video service, such as a home 
                        shopping or similar channel, subject to 
                        subparagraph (D)(vi); and
                            ``(iv) a pro rata portion of all revenue 
                        derived by a video service provider or an 
                        affiliate thereof pursuant to a compensation 
                        arrangement for advertising derived from the 
                        operation of the provider's video service or 
                        the video service within a franchise area 
                        subject to subparagraph (D)(ii).
                    ``(B) Affiliates.--The gross revenue of a video 
                service provider includes gross revenue of an affiliate 
                to the extent the exclusion of the affiliate's gross 
                revenue would have the effect of permitting the video 
                service provider to evade the payment of franchise fees 
                which would otherwise be paid by that video service 
                provider for video services provided within the 
                franchise area of the franchising authority imposing 
                the fee.
                    ``(C) Revenue from bundled or functionally 
                integrated service.--In the case of a video service 
                that is packaged, bundled, or functionally integrated 
                with other services, capabilities, or applications, 
                gross revenue shall include only the revenue 
                attributable to the video service, which shall be 
                reflected on the books and records of the video service 
                provider kept in the regular course of business.
                    ``(D) Exclusions.--Gross revenue of a video service 
                provider (or an affiliate to the extent otherwise 
                included in the gross revenue of the video service 
                provider under subparagraph (B)) does not include--
                            ``(i) any revenue not actually received, 
                        even if billed, such as bad debts, net of any 
                        recoveries of bad debts;
                            ``(ii) refunds, rebates, credits, or 
                        discounts to subscribers or a municipality to 
                        the extent not already excluded under clause 
                        (i);
                            ``(iii) subject to subparagraph (C), any 
                        revenues received by a video service provider 
                        or its affiliates from the provision of 
                        services or capabilities other than video 
                        service, including--
                                    ``(I) voice, Internet access, or 
                                other broadband-enabled applications 
                                that are not video service; and
                                    ``(II) services, capabilities, and 
                                applications that are sold or provided 
                                as part of a package or bundle of 
                                services or capabilities, or that are 
                                functionally integrated with video 
                                service;
                            ``(iv) any revenues received by a video 
                        service provider or its affiliates for the 
                        provision of directory or Internet advertising, 
                        including yellow pages, white pages, banner 
                        advertisement, and electronic publishing;
                            ``(v) any costs attributable to the 
                        provision of video services to subscribers at 
                        no charge, including the provision of such 
                        services to public institutions without charge;
                            ``(vi) any revenue paid by subscribers to a 
                        home shopping programmer directly from the sale 
                        of merchandise through any home shopping 
                        channel offered as part of the video service 
                        provider's video services, but not excluding 
                        any commissions that are paid to the video 
                        service provider as compensation for promotion 
                        or exhibition of any product or service on the 
                        provider's video service, such as a home 
                        shopping or similar channel;
                            ``(vii) any revenue forgone from the 
                        provision of video service at no charge to any 
                        person other than forgone revenue exchanged for 
                        trades, barters, services, or other items of 
                        value;
                            ``(viii) any tax, fee, or assessment of 
                        general applicability imposed on a subscriber 
                        or transaction by Federal, State, or local 
                        government that is required to be collected by 
                        the video service provider and remitted to the 
                        taxing authority, including sales taxes, use 
                        taxes, and utility user taxes;
                            ``(ix) any revenue from the sale of capital 
                        assets or surplus equipment;
                            ``(x) the reimbursement by programmers for 
                        marketing costs actually incurred by a video 
                        service provider for the introduction of new 
                        programming; or
                            ``(xi) any revenue from the sale of video 
                        services for resale to the extent that the 
                        purchaser certifies in writing that it will--
                                    ``(I) resell the service; and
                                    ``(II) pay any applicable franchise 
                                fee with respect thereto.''.

SEC. 332. RENEWAL; REVOCATION.

    Part II of title VI (47 U.S.C. 541 et seq.) is amended by striking 
sections 625 and 626 and inserting the following:

``SEC. 625. RENEWAL; REVOCATION.

    ``(a) Renewal.--A video service provider may submit a written 
application for renewal of its franchise to a franchising authority not 
more than 180 days before the franchise expires. Any such application 
shall be made on the standard application form promulgated by the 
Commission under section 612 and shall be treated under section 603 in 
the same manner as any other franchise application.
    ``(b) Revocation.--Notwithstanding any other law of general 
applicability, a franchising authority may revoke a video service 
provider's franchise if it determines, after notice and an opportunity 
for a hearing, that the video service provider has--
            ``(1) violated any Federal or State law, or any Commission 
        regulation, relating to the provision of video services in the 
        franchise area;
            ``(2) made false statements, or material omissions, in any 
        filing with the franchising authority or the Commission 
        relating to the provision of video service in the franchise 
        area;
            ``(3) violated the rights-of-way management laws or 
        regulations of any franchising authority in the franchise area 
        relating to the provision of video service in the franchise 
        area; or
            ``(4) violated the terms of the franchise agreement 
        (including any commercial agreement permitted under section 
        622(b)(3)).
    ``(c) Notice; Opportunity To Cure.--A franchising authority may not 
revoke a franchise unless it first provides--
            ``(1) written notice to the video service provider of the 
        alleged violation in which the revocation would be based; and
            ``(2) a reasonable opportunity to cure the violation.
    ``(d) Finality of Decision.--Any decision of a franchising 
authority to revoke a franchise under this section is final for 
purposes of appeal. A video service provider whose franchise is revoked 
by a franchising authority may avail itself of the procedures in 
section 635 of this Act.''.

SEC. 333. PEG AND INSTITUTIONAL NETWORK OBLIGATIONS.

    Section 611 (47 U.S.C. 531) is amended to read as follows:

``SEC. 611. CHANNELS FOR PUBLIC, EDUCATIONAL, OR GOVERNMENTAL USE.

    ``(a) In General.--A video service provider that obtains a 
franchise shall provide channel capacity for public, educational, or 
governmental use that is not less than the channel capacity required of 
the cable operator or video service provider with the greatest number 
of public, educational, or governmental use channels in the franchise 
area on the effective date of the franchise. If there is no other video 
service provider in the franchise area on the effective date of the 
franchise, the video service provider may be required to provide up to 
3 channels.
    ``(b) Adjustment.--Every 15 years after the commencement of a 
franchise granted after April 30, 2006, a franchising authority may 
require a video service provider to increase the channel capacity 
designated for public, educational, or governmental use, and the 
channel capacity designated for such use on any institutional networks 
required under subsection (a). The increase may not exceed the greater 
of--
            ``(1) 1 channel; or
            ``(2) 10 percent of the public, educational, or 
        governmental channel capacity required of the video service 
        provider before the required increase.
    ``(c) Editorial Control.--Subject to section 624(d)(1), a video 
service provider shall not exercise any editorial control over any 
public, educational, or governmental use of channel capacity provided 
pursuant to this section, but a video service provider may refuse to 
transmit any public access program or portion of a public access 
program which contains obscenity.
    ``(d) Transmission and Production of Programming.--
            ``(1) PEG programming.--A video service provider shall 
        ensure that all subscribers receive any public, educational, or 
        governmental programming carried by the video service provider 
        within the subscriber's franchise area.
            ``(2) Production responsibility.--The production of any 
        programming provided under this subsection shall be the 
        responsibility of the franchising authority.
            ``(3) Transmission responsibility.--The video service 
        provider shall be responsible for the transmission from the 
        signal origination point (or points) of the programming, or 
        from the point of interconnection with another video service 
        provider already offering the public, educational, or 
        governmental programming under paragraph (4), to the video 
        service provider's subscribers, or any public, educational, or 
        governmental programming produced by or for the franchising 
        authority and carried by the video service provider pursuant to 
        this section.
            ``(4) Interconnection; cost-sharing.--Unless 2 video 
        service providers otherwise agree to the terms for 
        interconnection and cost sharing, such video service providers 
        shall comply with regulations prescribed by the Commission 
        providing for--
                    ``(A) the interconnection between 2 video service 
                providers in a franchise area for transmission of 
                public, educational, or governmental programming, 
                without material degradation in signal quality or 
                functionality; and
                    ``(B) the reasonable allocation of the costs of 
                such interconnection between such video service 
                providers.
            ``(5) Display of program information.--The video service 
        provider shall display the program information for public, 
        educational, or governmental programming in any print or 
        electronic program guide in the same manner in which it 
        displays program information for other video programming in the 
        franchise area. The video service provider may not omit public, 
        educational, or governmental programming from any navigational 
        device, guide, or menu containing other video programming that 
        is available to subscribers in the franchise area if the 
        franchising authority provides such programming to the video 
        service provider at a location, in the data format, and in 
        sufficient time normally required for the programming to be 
        displayed on such device, guide, or menu.''.

SEC. 334. SERVICES, FACILITIES, AND EQUIPMENT.

    (a) In General.--Section 624 (47 U.S.C. 544) is amended--
            (1) by striking subsections (a), (b), (c), (e), and (h) and 
        redesignating subsections (d), (f), (g), and (i) as subsections 
        (a) through (d), respectively; and
            (2) by inserting ``or wire'' after `` any cable'' in 
        subsection (d), as redesignated.
    (b) Conforming Amendment.--Section 611(c) (47 U.S.C. 531(c)), as 
amended by section 333 of this Act, is amended by striking 
``624(d)(1)'' and inserting ``624(a)(1)''.

SEC. 335. SHARED FACILITIES.

    Part III of title VI (47 U.S.C. 541 et seq.) is amended--
            (1) by striking section 627 and redesignating sections 628 
        and 629 as sections 626 and 627, respectively; and
            (2) by adding at the end the following:

``SEC. 628. ACCESS TO PROGRAMMING FOR SHARED FACILITIES.

    ``(a) In General.--A video service programming vendor in which a 
video service provider has an attributable interest may not deny a 
video service provider with a franchise under this title access to 
video programming solely because that video service provider uses a 
headend for its video service system that is also used, under a shared 
ownership or leasing agreement, as the headend for another video 
service system.
    ``(b) Video Service Programming Vendor Defined.--The term `video 
service programming vendor' means a person engaged in the production, 
creation, or wholesale distribution for sale of video programming that 
is primarily intended for receipt by video service providers for 
retransmission to their video service subscribers.''.

SEC. 336. CONSUMER PROTECTION AND CUSTOMER SERVICE.

    Section 632 (47 U.S.C. 552) is amended to read as follows:

``SEC. 632. CONSUMER PROTECTION AND CUSTOMER SERVICE.

    ``(a) Regulations.--
            ``(1) In general.--Not later than 120 days after the date 
        of enactment of the Video Competition and Savings for Consumers 
        Act of 2006, the Commission, after receiving comments from 
        interested parties, including national associations 
        representing franchising authorities or consumers, shall 
        promulgate regulations, which shall include penalties to be 
        paid to subscribers with respect to customer service and 
        consumer protection requirements for video service providers.
            ``(2) Effective date of regulations.--The regulations 
        required by subsection (a) shall take effect 60 days after the 
        date on which a final rule is promulgated by the Commission.
    ``(b) Maximum Penalty for Early Termination of Subscription.--It is 
unlawful for a video service provider to charge a subscriber an amount 
in excess of 1 month's subscription fee as a penalty or service charge 
for terminating a subscription to the video service provider's service 
before the date on which the subscription term ends.
    ``(c) Enforcement.--The regulations promulgated by the Commission 
under subsection (a) and the provisions of subsection (b) shall be 
enforced by franchising authorities. A franchising authority may refer 
a matter for enforcement to the State attorney general or the State 
consumer protection agency on a case-by-case basis.
    ``(d) Review by Commission.--A video service provider may appeal 
any enforcement action taken against that provider by a franchising 
authority to the Commission.''.

SEC. 337. REDLINING.

    Part IV of title VI (47 U.S.C. 551 et seq.) is amended by adding at 
the end the following:

``SEC. 642. REDLINING.

    ``(a) In General.--A video service provider may not deny access to 
its video service to any group of potential residential video service 
subscribers because of the income, race, or religion of that group.
    ``(b) Enforcement.--
            ``(1) State attorney general enforcement.--This section may 
        be enforced by the State attorney general through a complaint-
        initiated adjudication process under which a complaint may be 
        filed by a resident of the franchising area who is aggrieved by 
        a violation of subsection (a) or by a franchising authority on 
        behalf of residents of its franchise area. Within 180 days 
        after receiving the resident's or franchising authority's 
        complaint, a State attorney general shall act on such a 
        complaint either by filing a complaint with a court of 
        competent jurisdiction or notifying the resident or franchising 
        authority that the State attorney general will not file such a 
        complaint.
            ``(2) Evaluation of complaint.--The totality of the video 
        service provider's deployments in its service areas shall be 
        considered in any adjudication pursuant to an enforcement 
        action under this subsection.
    ``(c) Remedies.--If a court determines that a video service 
provider has violated subsection (a) it--
            ``(1) shall ensure that the video service provider remedies 
        any violation of subsection (a); and
            ``(2) may assess a civil penalty in such amount as may be 
        authorized under State law for the franchising area in which 
        the violation occurred for violation of that State's 
        antidiscrimination laws.
    ``(d) Limitations.--
            ``(1) Natural and technological barriers.--It is not a 
        violation of subsection (a) if video service is denied because 
        technical feasibility, commercial feasibility, operational 
        limitations, or physical barriers preclude the effective 
        provision of video service.
            ``(2) Quotas, goals, or timetables.--Nothing in this 
        section authorizes the use of quotas, goals, or timetables as a 
        remedy.
    ``(e) Reports.--
            ``(1) Annual reports to commission.--Beginning 3 years 
        after the date of enactment of the Video Competition and 
        Savings for Consumers Act of 2006, each franchising authority 
        shall report to the Commission on video service provider 
        deployment in its franchise area. The Commission shall develop 
        and make available to franchising authorities a standardized, 
        electronic data-based, report form to be used in complying with 
        the requirements of this paragraph. A video service provider 
        shall provide such information to the franchising authority as 
        is needed to complete the report.
            ``(2) Commission report to congress.--Beginning 4 years 
        after the date of enactment of the Video Competition and 
        Savings for Consumers Act of 2006, and every 4 years 
        thereafter, the Commission shall report to the Senate Committee 
        on Commerce, Science, and Transportation and the House of 
        Representatives Committee on Energy and Commerce on the 
        buildout of video service.''.

SEC. 338. APPLICATION OF SECTION 503(B).

    Section 503(b) (47 U.S.C. 503(b)) is amended by adding at the end 
the following:
    ``(7) Application to video service providers.--In this section the 
terms `cable television operator' and `cable television system 
operator' include a video service provider (as defined in section 602 
of this Act).''.

SEC. 339. APPLICATION OF TITLE VII CABLE PROVISIONS TO VIDEO SERVICES.

    Title VII (47 U.S.C. 601 et seq.) is amended--
            (1) by striking ``cable operators for their retransmission 
        to cable subscribers;'' in section 705(d)(1) and inserting 
        ``cable operators or video service providers (as defined in 
        section 602 of this Act) for their retransmission to 
        subscribers;'';
            (2) by striking ``and cable television;'' in section 
        712(a)(1) and inserting ``cable television, and video service 
        (as defined in section 602 of this Act);''; and
            (3) by inserting ``video service,'' in section 714(k)(3) 
        after ``cable,''.

SEC. 340. CHILDREN'S TELEVISION ACT AMENDMENT.

    Section 102(d) of the Children's Television Act of 1990 (47 U.S.C. 
303a(d)) is amended by striking ``a cable operator,'' and inserting 
``cable operators and video service providers,''.

          Subtitle C--Miscellaneous and Conforming Amendments

SEC. 351. MISCELLANEOUS AMENDMENTS.

    (a) Municipal Operators.--Section 621(f) (47 U.S.C. 541(f)) is 
amended to read as follows:
    ``(f) Municipal Operators.--No provision of this title shall be 
construed to prohibit a local or municipal authority that is also, or 
is affiliated with, a franchising authority from operating as a 
multichannel video programming distributor in the franchise area, 
notwithstanding the granting of one or more franchises by the 
franchising authority.''.
    (b) Sunset.--Section 626(c)(5), as redesignated by section 335 of 
this Act, is amended--
            (1) by striking ``10 years after the date of enactment of 
        this section,'' and inserting ``on October 5, 2012,''; and
            (2) by striking ``last year of such 10-year period,'' and 
        inserting ``12-month period ending on that date,''.
    (c) Updating.--Section 613 (47 U.S.C. 533) is amended--
            (1) by striking ``July 1, 1984,'' in subsection (g) and 
        inserting ``the date of enactment of the Video Competition and 
        Savings for Consumers Act of 2006''; and
            (2) by striking subsection (a) and redesignating 
        subsections (c) through (h) as subsections (a) through (f), 
        respectively.
    (d) Repeal.--Section 617 (47 U.S.C. 537) is repealed.
    (e) Restructuring Part IV.--Part IV of title VI (47 U.S.C. 551 et 
seq.) is amended--
            (1) by striking sections 636 and 637; and
            (2) by redesignating sections 635A, 638, 639, 640, 641, and 
        642 (as added by section 337 of this Act) as sections 636, 637, 
        638, 639, 640, and 641, respectively.
    (f) Federal Regulation of IP-Enabled Video Service.--Title VI (47 
U.S.C. 521 et seq.), as amended by section 337 and subsection (e)(2), 
is amended by adding at the end the following:

``SEC. 642. IP-ENABLED VIDEO SERVICE.

    ``(a) In General.--Notwithstanding any other provision of law, IP-
enabled video service is an interstate service and is subject only to 
Federal regulations.
    ``(b) IP-Enabled Video Service Defined.--In this section, the term 
`IP-enabled video service' means a video service provided over the 
public Internet utilizing Internet protocol, or any successor protocol 
that is not offered by, or not offered as part of a package of video 
services offered by, a video service provider or its affiliate.
    ``(c) Commission Authority.--The commission may not impose any rule 
on, apply any regulation to, or otherwise regulate the offering or 
provision of IP-enabled video service.
    ``(d) Law Enforcement.--Nothing in this section shall be construed 
to interfere with any lawful activity of a law enforcement agency or to 
limit the application of any law the violation of which is punishable 
by a fine, imprisonment, or both.
    ``(e) No Effect on Tax Laws.--Nothing in this section shall be 
construed to modify, impair, supersede, or authorize the modification, 
impairment, or supersession of, any State or local tax law.''.
    (g) Conforming Amendments for Retransmission.--
            (1) Section 325(b) (47 U.S.C. 325(b)) is amended--
                    (A) by striking ``cable system'' in paragraph (1) 
                and inserting ``video service provider''; and
                    (B) by inserting ``The term `video service 
                provider' has the meaning given it in section 602(25) 
                of this Act.'' after ``title.'' in the matter following 
                subparagraph (E) of paragraph (2).
            (2) Section 336(b) (47 U.S.C. 336(b)) is amended by 
        striking ``section 614 or 615 or be deemed a multichannel video 
        programming distributor for purposes of section 628;'' and 
        inserting ``section 614 or 615;''.

            Subtitle D--Effective Dates and Transition Rules

SEC. 381. EFFECTIVE DATES; PHASE-IN.

    (a) In General.--
            (1) 6-month delay.--Except as provided in paragraph (2), 
        the amendments made by the Video Competition and Savings for 
        Consumers Act of 2006 shall take effect 180 days after the date 
        of enactment of that Act.
            (2) Initiation of certain proceedings.--Notwithstanding 
        paragraph (1), the Federal Communications Commission shall 
        initiate any proceeding required by title VI of the 
        Communications Act of 1934, as amended by this Act, or made 
        necessary by such amendment as soon as practicable after the 
        date of enactment of this Act.
    (b) Application to Existing Franchise Agreements.--
            (1) In general.--Except as provided in paragraph (2), the 
        provisions of title VI of the Communications Act of 1934, as 
        amended by this Act, shall not apply to a cable operator with a 
        franchise agreement in effect on the date of enactment of this 
        Act between a franchising authority and a cable operator before 
        the expiration date of the agreement, as determined without 
        regard to any renewal or extension of the agreement. The 
        provisions of title VI of the Communications Act of 1934 (47 
        U.S.C. 521 et seq.), as in effect on the day before the date of 
        enactment of this Act, shall continue to apply to any such 
        franchise agreement and the cable operator as provided by 
        subsection (c) until the earlier of--
                    (A) the expiration date of the agreement; or
                    (B) the date on which a new franchise agreement 
                that replaces the existing franchise agreement takes 
                effect.
            (2) Competition trigger.--
                    (A) Notification of existing franchisee required.--
                If a franchising authority authorizes a video service 
                provider to provide video service in an area in which 
                cable service is already being provided under an 
                existing franchise agreement, the franchising authority 
                shall--
                            (i) require the video service provider to 
                        notify the franchising authority when the video 
                        service provider commences video service in 
                        that area; and
                            (ii) immediately notify any cable operator 
                        providing cable service in that area upon 
                        receipt of the notice required under clause 
                        (i).
                    (B) New franchise agreement supersedes existing 
                agreement.--Upon receipt of notice under subparagraph 
                (A)(ii), a cable operator with an existing franchise to 
                provide cable service in that area may submit an 
                application for a franchise under section 603 of the 
                Communications Act of 1934, as amended by this Act. 
                When the franchise is granted--
                            (i) the terms and conditions of the new 
                        franchise agreement supersede the existing 
                        franchise agreement; and
                            (ii) the provisions of title VI of the 
                        Communications Act of 1934, as amended by this 
                        Act, shall apply.
    (c) Limited Application of Prior Law.--
            (1) In general.--Except as provided in subsection (b) or 
        otherwise explicitly provided in new title VI, the provisions 
        of old title VI (and all regulations, rulings, waivers, orders, 
        and franchise agreements under old title VI) shall continue in 
        effect after the date of enactment of this Act with respect to 
        any cable operator to which they applied before that date until 
        the earlier of--
                    (A) the expiration date of the franchise agreement 
                under which the cable operator was operating on the 
                date of enactment of this Act; or
                    (B) that date on which a new franchise agreement 
                takes effect that replaces a cable operator's franchise 
                agreement described in subparagraph (A).
            (2) Preservation of basic tier regulation.--Notwithstanding 
        any other provision of this subsection, section 623 of old 
        title VI shall continue to apply in any franchise area until a 
        franchising authority receives a notice under subsection 
        (b)(2)(A)(i).
    (d) Definitions.--In this section:
            (1) Cable operator.--The term ``cable operator'' includes a 
        local exchange carrier that provides video services to video 
        service subscribers in its telephone service area through an 
        open video system that complies with the requirements of 
        section 653 of the Communications Act of 1934 (47 U.S.C. 573).
            (2) New title vi.--The term ``new title VI'' means title VI 
        of the Communications Act of 1934 (47 U.S.C. 521 et seq.) as 
        amended by this Act.
            (3) Old title vi.--The term ``old title VI'' means title VI 
        of the Communications Act of 1934 (47 U.S.C. 521 et seq.) as in 
        effect on the day before the date of enactment of this Act.

                        TITLE IV--VIDEO CONTENT

                     Subtitle A--National Satellite

SEC. 401. AVAILABILITY OF CERTAIN LICENSED SERVICES IN NONCONTIGUOUS 
              STATES.

    (a) In General.--Section 335 (47 U.S.C. 335) is amended by adding 
at the end thereof the following:
    ``(c) Alaska and Hawaii Obligations.--
            ``(1) In general.--Each satellite carrier shall, to the 
        extent technically feasible given the carrier's satellite 
        constellation in use, provide a comparable consumer product to 
        subscribers in Alaska and Hawaii at prices and terms comparable 
        to those made available to subscribers in the contiguous United 
        States.
            ``(2) Conditions on new licenses.--
                    ``(A) In general.--Before the Commission grants a 
                license for a new satellite used for service in the 
                contiguous United States to a satellite carrier, it 
                shall ensure that, to the extent technically feasible, 
                the following minimum conditions are met:
                            ``(i) If the satellite is used for direct-
                        to home video services, the satellite shall 
                        be--
                                    ``(I) capable of providing services 
                                to consumers in the cities of 
                                Anchorage, Fairbanks, and Juneau, 
                                Alaska, using signal power levels of at 
                                least 45 dBW effective isotropic 
                                radiated power; and
                                    ``(II) capable of providing 
                                services to consumers in the islands of 
                                Oahu, Maui, Kauai, Molokai, and Hawaii, 
                                Hawaii, using signal power levels of at 
                                least 46 dBW effective isotropic 
                                radiated power.
                            ``(ii) If the satellite is used for any 
                        other direct-to-consumer service--
                                    ``(I) with respect to services 
                                offered on beams covering substantially 
                                the entire contiguous United States, 
                                the carrier must make best efforts to 
                                ensure that the effective isotropic 
                                radiated power of the satellite on the 
                                downlink and, where applicable, the 
                                efficiency of the satellite receive 
                                antenna (G/T) can allow the use of a 
                                commercially available antenna in 
                                Alaska and Hawaii with a gain that is 
                                no more than 4 dB greater than that 
                                used to provide the service in the 
                                contiguous United States; and
                                    ``(II) with respect to services 
                                offered over spot beams covering 
                                portions of the contiguous United 
                                States, the carrier must make best 
                                efforts to ensure that the effective 
                                isotropic radiated power of the 
                                satellite on the downlink and, where 
                                applicable, the efficiency of the 
                                satellite receive antenna (G/T) shall 
                                allow the use of the same antenna in 
                                Alaska and Hawaii as provided in the 
                                contiguous United States for the 
                                service.
                    ``(B) Technical feasibility.--It is deemed not 
                technically feasible for a satellite with a look angle 
                to any area of less than 8.25 degrees to provide 
                service to such area at the signal power levels 
                described in subparagraph (A).
            ``(3) Satellite carrier defined.--In this subsection, the 
        term `satellite carrier' means an entity that uses the 
        facilities of a satellite in the Fixed-Satellite Service, the 
        Direct Broadcast Satellite service, the Broadcast Satellite 
        Service, the Mobile-Satellite Service, or the Digital Audio 
        Radio Service that is licensed by the Commission under part 25 
        of title 47, Code of Federal Regulations, or is licensed or 
        authorized by a foreign government.''.
    (b) Effective Date.--Section 335(c) of the Communications Act of 
1934, as added by subsection (a), shall take effect 36 months after the 
date of enactment of this Act.
    (c) Exception.--Nothing in this section, nor any amendment made by 
this section, shall require any satellite carrier to take any action 
that the Commision determines will materially impact the signal quality 
or availability of programming available to subscribers of such carrier 
in the continental United States.
    (d) Implementation by Commission.--
            (1) In general.--The Federal Communications Commission 
        shall adopt such rules and policies as are necessary to 
        implement and enforce section 335(c) of the Communications Act 
        of 1934 (47 U.S.C. 335(c)).
            (2) Amendment of rules.--Within 30 days after the date of 
        enactment of this Act, the Commission shall amend section 
        1.4000(a)(1)(i)(B) of its rules (47 C.F.R. 1.4000(a)(1)(i)(B)) 
        to insert ``and Hawaii'' after ``Alaska''.

                    Subtitle B--Video and Audio Flag

SEC. 451. SHORT TITLE.

    This subtitle may be cited as the ``Digital Content Protection Act 
of 2006''.

SEC. 452. PROTECTION OF DIGITAL BROADCAST VIDEO CONTENT.

    (a) In General.--Section 303 (47 U.S.C. 303) is amended by adding 
at the end the following:
    ``(z) Have authority with respect to digital television receivers 
to adopt such regulations and certifications as are necessary to 
implement the Report and Order in the matter of Digital Broadcast 
Content Protection, FCC 03-273, as ratified by the Congress in section 
102(b) of the Consumer Competition and Broadband Promotion Act, with 
the exclusive purpose of limiting the indiscriminate redistribution of 
digital television content over the Internet or similar distribution 
platforms, including the authority to reconsider, amend, repeal, 
supplement, and otherwise modify any such regulations and 
certifications, in whole or in part, only for that purpose.''.
    (b) Ratification of FCC Report and Orders.--The Report and Order in 
the matter of Digital Broadcast Content Protection, FCC 03-273, and the 
Order in the matter of Digital Output Protection Technology and 
Recording Method Certifications, FCC 04-193, are ratified, subject to 
the limitations set forth in subsection (d), and shall become effective 
12 months after the date of enactment of this Act.
    (c) Expedited Proceeding for Certifying Technologies for Use in 
Distance Education.--Within 30 days after the date of enactment of this 
Act, the Federal Communications Commission shall initiate a further 
proceeding for the approval of digital output protection technologies 
and recording methods for use in the course of distance learning 
activities. The proceeding shall be conducted in accordance with the 
expedited procedures established for the Interim Approval of Authorized 
Digital Output Protection Technologies and Authorized Recording Methods 
in the Report and Order described in subsection (b). The proceeding 
shall have no effect on certifications made pursuant to the Order in 
the matter of Digital Output Protection Technology and Recording Method 
Certifications described in subsection (b), as ratified in that 
subsection.
    (d) Limitations.--
            (1) In general.--Nothing in this Act or section 303(z) of 
        the Communications Act of 1934 (47 U.S.C. 303(z)), or in 
        regulations of the Commission adopted pursuant thereto, shall--
                    (A) limit the Commission's authority to approve 
                digital output protection technologies and recording 
                methods that allow for the redistribution of digital 
                broadcast content within the home or similar 
                environment, or the use of the Internet to transmit 
                digital broadcast content, where such technologies and 
                recording methods adequately protect such content from 
                indiscriminate redistribution; or
                    (B) be construed to affect rights, remedies, 
                limitations, or defenses to copyright infringement, 
                including fair use, under title 17, United States Code.
            (2) Use of redistribution control descriptor.--Licensees of 
        television broadcast stations may not utilize the 
        Redistribution Control Descriptor, as adopted by the Report and 
        Order described in subparagraph (b), to limit the 
        redistribution of news and public affairs programming the 
        primary commercial value of which depends on timeliness. The 
        Federal Communications Commission shall allow each broadcaster 
        or broadcasting network to determine whether the primary 
        commercial value of a particular news program depends on 
        timeliness. The Commission may review any such determination by 
        a broadcaster or broadcasting network if it receives bona fide 
        complaints alleging, or otherwise has reason to believe, that 
        particular broadcast digital television content has violated 
        this subsection.
            (3) Property rights.--The Commission shall require that any 
        authorized redistribution control technology and any authorized 
        recording method technology approved by the Commission under 
        this section that is publicly offered for adoption by 
        licensees, be licensed on reasonable and nondiscriminatory 
        terms and conditions, including terms preserving a licensee's 
        ability to assert any patent rights necessary for 
        implementation of the licensed technology.

SEC. 453. PROTECTION OF DIGITAL AUDIO BROADCASTING CONTENT.

    Part I of title III (47 U.S.C. 301 et seq.) is amended by adding at 
the end the following:

``SEC. 342. PROTECTION OF DIGITAL AUDIO BROADCASTING CONTENT.

    ``(a) In General.--Subject to section 454(d)(2) of the Digital 
Content Protection Act of 2006, the Commission may promulgate 
regulations governing the distribution of audio content with respect 
to--
            ``(1) digital radio broadcasts;
            ``(2) satellite digital radio transmissions; and
            ``(3) digital radios.
    ``(b) Monitoring Organizations.--
            ``(1) In general.--The Commission shall ensure that a 
        performing rights society or a mechanical rights organization, 
        or any entity acting on behalf of such a society or 
        organization, is granted a license for free or for a de minimis 
        fee to cover only the reasonable costs to the licensor of 
        providing the license, and on reasonable, nondiscriminatory 
        terms and conditions, to access and retransmit as necessary any 
        content contained in such transmissions protected by content 
        protection or similar technologies, if--
                    ``(A) the license is used to carry out the 
                activities of such society, organization, or entity in 
                monitoring the public performance or other uses of 
                copyrighted works; and
                    ``(B) such society, organization, or entity employs 
                reasonable methods to protect any such content accessed 
                from further distribution.
            ``(2) Protected activities.--Nothing shall preclude or 
        prevent a performing rights organization, a mechanical rights 
        organization, a monitoring service, a measuring service, or any 
        entity owned in whole or in part by, or acting on behalf of, 
        such an organization or service, from monitoring or measuring 
        public performances or other uses of copyrighted works, 
        advertisements, or announcements contained in performances or 
        other uses, or other information concerning the content or 
        audience of such performances or other uses.
            ``(3) Alternative licensing language.--The Commission may 
        require that any such organization, service, or entity be given 
        a license on either a gratuitous basis or for a de minimis fee 
        to cover only the reasonable costs to the licensor of providing 
        the license, and on reasonable, nondiscriminatory terms, to 
        access, record, and retransmit as necessary any content 
        contained in any such performance or use protected by content 
        protection or similar technology, if--
                    ``(A) the license is used for carrying out the 
                activities of such organizations, services, or entities 
                in monitoring or measuring the public performance or 
                other use of copyrighted works, advertisements, or 
                announcements, or other information concerning the 
                content or audience of such performances or uses; and
                    ``(B) the organizations, services, or entities 
                employ reasonable methods to protect any such content 
                accessed from further distribution.''.

SEC. 454. DIGITAL AUDIO REVIEW BOARD.

    (a) Establishment.--The Federal Communications Commission shall 
establish an advisory committee, to be known as the Digital Audio 
Review Board.
    (b) Membership.--Members of the Board shall be appointed by the 
chairman of the Commission and shall include representatives nominated 
by--
            (1) the information technology industry;
            (2) the software industry;
            (3) the consumer electronics industry;
            (4) the radio broadcasting industry;
            (5) the satellite radio broadcasting industry;
            (6) the cable industry;
            (7) the audio recording industry;
            (8) the music publishing industry;
            (9) performing rights societies, including--
                    (A) the American Society of Composers, Authors and 
                Publishers;
                    (B) Broadcast Music, Inc.; and
                    (C) SESAC, Inc.;
            (10) public interest organizations;
            (11) organizations representing recording artists, 
        performers and musicians;
            (12) organizations representing songwriters; and
            (13) any other group that the Commission determines will be 
        directly affected by adoption of broadcast flag technology 
        regulations.
    (c) Duty.--
            (1) In general.--Within 1 year after the date of enactment 
        of this Act, the Board shall submit to the Commission a 
        proposed regulation under section 343 of the Communications Act 
        of 1934 (47 U.S.C. 343) that--
                    (A) represents a consensus of the members of the 
                Board; and
                    (B) is consistent with fair use principles.
            (2) Extension of 1-year period.--The Commission may extend, 
        for good cause shown, the 1-year period described in paragraph 
        (1) for a period of not more than 6 months, if the Commission 
        determines that--
                    (A) substantial progress has been made by the Board 
                toward the development of a proposed regulation;
                    (B) the members of the Board are continuing to 
                negotiate in good faith; and
                    (C) there is a reasonable expectation that the 
                Board will draft and submit a proposed regulation 
                before the expiration of the extended period of time.
    (d) Commission Treatment of Proposed Regulation.--
            (1) Draft regulation.--Within 30 days after the Commission 
        receives a proposed regulation from the Board under this 
        section the Commission shall initiate a rulemaking proceeding 
        to implement the proposed regulation.
            (2) Deference; deadline.--If the Board submits a proposed 
        regulation under this section the Commission, in promulgating a 
        regulation under section 343 of the Communications Act of 1934, 
        shall--
                    (A) give substantial deference to the proposed 
                regulation submitted by the Board; and
                    (B) issue a final rule not later than 6 months 
                after the date on which the proceeding was initiated.
            (3) Commission action if no board action.--If the Board 
        does not submit a proposed regulation to the Commission within 
        1 year after the date of enactment of this Act, plus any 
        extension granted by the Commission under subsection (c)--
                    (A) the Commission may initiate a proceeding to 
                determine what, if any, regulations under section 343 
                of the Communications Act of 1934 regarding digital 
                audio copy protection are necessary; and
                    (B) if the Commission determines that such 
                regulations are necessary, the Commission may 
                promulgate a rule implementing such protections as long 
                as such regulations do not harm or delay the continued 
                roll-out of HD radio.
    (e) Administrative Provisions.--
            (1) Meetings.--The Board shall meet at the call of the 
        Chairman of the Commission.
            (2) Executive director.--The Chairman of the Commission 
        may, without regard to civil service laws and regulations, 
        appoint and terminate an Executive Director and such other 
        additional personnel as may be necessary to enable the Board to 
        perform its duties. The Executive Director shall be compensated 
        at a rate not to exceed the rate of pay payable for level V of 
        the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (3) Temporary and intermittent services.--In carrying out 
        its duty, the Board may procure temporary and intermittent 
        services of consultants and experts under section 3109(b) of 
        title 5, United States Code, at rates for individuals which do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of such title.
            (4) Detail of government employees.--Upon request of the 
        Board, the head of any Federal agency may detail any Federal 
        Government employee to the Board without reimbursement, and 
        such detail shall be without interruption or loss of civil 
        service status or privilege.
            (5) Administrative support.--Notwithstanding section 7(c) 
        of the Federal Advisory Committee Act (5 U.S.C. App.), the 
        Commission shall provide the Board with such administrative and 
        supportive services as are necessary to ensure that the Board 
        can carry out its functions.
            (6) Termination.--The Board shall terminate on the date on 
        which it submits a proposed regulation to the Commission or at 
        the discretion of the Chairman of the Federal Communications 
        Commission, but no later than 18 months after the Board's first 
        meeting.

                      TITLE V--MUNICIPAL BROADBAND

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Community Broadband Act''.

SEC. 502. STATE REGULATION OF MUNICIPAL BROADBAND NETWORKS.

    Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 157 
note) is amended--
            (1) by redesignating subsection (c) as subsection (i);
            (2) by inserting after subsection (b) the following:
    ``(c) Local Government Provision of Advanced Communications 
Capability and Services.--No State statute, regulation, or other State 
legal requirement may prohibit or have the effect of prohibiting any 
public provider from providing, to any person or any public or private 
entity, advanced telecommunications capability or any service that 
utilizes the advanced telecommunications capability provided by such 
public provider.
    ``(d) Safeguards.--
            ``(1) Antidiscrimination.--To the extent any public 
        provider regulates competing providers of advanced 
        telecommunications capability or any service that utilizes the 
        advanced telecommunications capability provided by such 
        providers, the public provider shall apply its ordinances, 
        rules, policies, and fees, including those relating to public 
        rights-of-way, permitting, performance bonding, and reporting, 
        without discrimination in favor of itself or any other advanced 
        telecommunications capability provider that such public 
        provider owns or is affiliated with, as compared to other 
        providers of such capability or services.
            ``(2) Application of general laws.--Nothing in this 
        subsection or subsections (e) through (g) shall exempt a public 
        provider from any Federal or State telecommunications law or 
        regulation that applies to all providers of--
                    ``(A) advanced telecommunications capability; or
                    ``(B) any service that utilizes the advanced 
                telecommunications capability provided by such public 
                provider.
    ``(e) Public-Private Partnerships Encouraged.--Each public provider 
that intends to provide advanced telecommunications capability or any 
service that utilizes the advanced telecommunications capability 
provided by such public provider to the public shall consider the 
potential benefits of a public-private partnership prior to providing 
such capability or services.
    ``(f) Notice and Opportunity To Bid for the Private Sector.--
            ``(1) Notice and opportunity to bid required.--If a public 
        provider decides not to initiate a project to provide advanced 
        telecommunications capability or any service that utilizes the 
        advanced telecommunications capability provided by such public 
        provider to the public through a public-private partnership, 
        then, before the public provider may provide such advanced 
        telecommunications capability or any such service that utilizes 
        the advanced telecommunications capability provided by such 
        public provider to the public, the public provider shall--
                    ``(A)(i) publish notice of its intention in media 
                generally available to the public in the area in which 
                it intends to provide such capability or service; or
                    ``(ii) utilize such notice procedures as such 
                provider already had in effect as of the date of 
                enactment of the Community Broadband Act, if such 
                notice has the effect of making such notice generally 
                known to the public; and
                    ``(B) provide an opportunity for commercial 
                enterprises to bid to provide such capability or 
                service during the 30-day period following publication 
                of the notice.
            ``(2) Notice requirements.--The public provider shall 
        include in the notice required by paragraph (1) a description 
        of the proposed scope of the advanced telecommunications 
        capability or any service that utilizes the advanced 
        telecommunications capability provided by such public provider 
        to be provided, including--
                    ``(A) the services to be provided (including 
                network capabilities);
                    ``(B) the coverage area;
                    ``(C) service tiers and pricing; and
                    ``(D) any proposal for providing advanced 
                telecommunications capability or any service that 
                utilizes the advanced telecommunications capability 
                provided by such public provider to low-income areas, 
                or other demographically or geographically defined 
                areas.
            ``(3) Public notice and input on proposed projects.--
                    ``(A) In general.--Each public provider shall--
                            ``(i) publish notice of each proposal to 
                        provide advanced telecommunications capability 
                        or any service that utilizes the advanced 
                        telecommunications capability provided by such 
                        public provider to the public by a commercial 
                        enterprise under paragraph (1)(B); and
                            ``(ii) provide local citizens in the 
                        jurisdiction of that public provider and such 
                        commercial enterprises with information on the 
                        specifics of each such project, including--
                                    ``(I) the cost to taxpayers, and 
                                the benefits of, the proposed public 
                                provider project; and
                                    ``(II) any potential alternatives 
                                to the proposed public provider 
                                project, including any public-private 
                                partnerships.
                    ``(B) 30-day period.--In order to provide local 
                citizens and commercial enterprises with an adequate 
                opportunity to be informed, a public provider shall 
                provide additional notice requesting that any public 
                comments on the proposed public provider project be 
                filed not later than 30 days after the date of 
                publication of the notice required under subparagraph 
                (A).
            ``(4) Approval process.--If a public provider decides to 
        proceed with its own project to provide advanced 
        telecommunications capability or any service that utilizes the 
        advanced telecommunications capability provided by such public 
        provider to the public despite bids by commercial enterprises 
        received in accordance with paragraph (1)(B), such public 
        provider shall authorize that project by whatever process 
        typically would be utilized by such public provider to approve 
        projects of comparable cost in the jurisdiction of such public 
        provider.
            ``(5) Application to existing arrangements and pending 
        proposals.--This subsection does not apply to--
                    ``(A) any contract or other arrangement under which 
                a public provider is providing or upgrading advanced 
                telecommunications capability or any service that 
                utilizes the advanced telecommunications capability 
                provided by such public provider to the public as of 
                April 20, 2006; or
                    ``(B) any public provider proposal to provide 
                advanced communications capability or any service that 
                utilizes the advanced telecommunications capability 
                provided by such public provider to the public that, as 
                of April 20, 2006--
                            ``(i) is in the request-for-proposals 
                        process;
                            ``(ii) is in the process of being built; or
                            ``(iii) has been approved by referendum but 
                        is the subject of a lawsuit brought before 
                        March 1, 2006.
    ``(g) No Receipt of Federal Funds.--If any project to provide 
advanced telecommunications capability or any service that utilizes the 
advanced telecommunications capability provided by a public provider 
under this section fails whether due to bankruptcy, insufficient funds, 
or any other reason, no Federal funds may be provided to such public 
provider to assist such public provider in maintaining, reviving, or 
renewing such project, except if such failure occurred in any 
jurisdiction that is subject to a declaration by the President of a 
major disaster, as defined under section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
    ``(h) Temporary Services During States of Emergency.--Nothing in 
subsections (c) through (g) shall preclude a public provider from--
            ``(1) immediately deploying a temporary advanced 
        telecommunications capability or any service that utilizes the 
        advanced telecommunications capability provided by such public 
        provider to the public during a state of emergency declared by 
        the President or the Governor of the State in which such public 
        provider is located; and
            ``(2) continuing the operation of such capability or 
        service until the emergency situation is resolved.''; and
            (3) by adding at the end of subsection (i), as 
        redesignated, the following:
            ``(3) Public provider.--The term `public provider' means--
                    ``(A) a State or political subdivision thereof;
                    ``(B) any agency, authority, or instrumentality of 
                a State or political subdivision thereof;
                    ``(C) an Indian tribe (as defined in section 4(e) 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b(e)); or
                    ``(D) any entity that is owned, controlled, or 
                otherwise affiliated with a State, political 
                subdivision thereof, agency, authority, or 
                instrumentality, or Indian tribe.''.

                 TITLE VI--WIRELESS INNOVATION NETWORKS

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Wireless Innovation Act of 2006'' 
or the ``WIN Act of 2006''.

SEC. 602. ELIGIBLE TELEVISION SPECTRUM MADE AVAILABLE FOR WIRELESS USE.

    Part I of title III (47 U.S.C. 301 et seq.), as amended by section 
453 of this Act, is further amended by adding at the end the following:

``SEC. 343. ELIGIBLE BROADCAST TELEVISION SPECTRUM MADE AVAILABLE FOR 
              WIRELESS USE.

    ``(a) In General.--Effective 270 days after the date of enactment 
of the WIN Act of 2006, a certified unlicensed device may use eligible 
broadcast television frequencies in a manner that protects licensees 
from harmful interference.
    ``(b) Commission To Facilitate Use.--Within 270 days after the date 
of enactment of that Act, the Commission shall adopt technical and 
device rules in ET Docket No. 04-186 to facilitate the efficient use of 
eligible broadcast television frequencies by certified unlicensed 
devices, which shall include rules and procedures--
            ``(1) to protect licensees from harmful interference from 
        certified unlicensed devices;
            ``(2) to require certification of unlicensed devices 
        designed to be operated in the eligible broadcast television 
        frequencies that includes testing, which may include testing in 
        an independent laboratory certified by the Commission and field 
        testing, that demonstrates--
                    `` (A) compliance with the requirements set forth 
                pursuant to this paragraph; and
                    ``(B) that such compliance effectively protects 
                licensees from harmful interference;
            ``(3) to require manufacturers of such devices to include a 
        means of disabling or modifying the device remotely if the 
        Commission determines that certain certified unlicensed devices 
        may cause harmful interference to licensees;
            ``(4) to act immediately on any bona fide complaints from 
        licensees that a certified unlicensed device causes harmful 
        interference including verification, in the field, of actual 
        harmful interference; and
            ``(5) to limit the operation or use of certified unlicensed 
        devices within any geographic area in which a public safety 
        entity is authorized to operate as a primary licensee within 
        the eligible broadcast television frequencies.
    ``(c) Definitions.--In this section:
            ``(1) Certified unlicensed device.--The term `certified 
        unlicensed device' means a device certified under subsection 
        (b)(2).
            ``(2) Eligible broadcast television frequencies.--The term 
        `eligible broadcast television frequencies' means the following 
        frequencies:
                    ``(A) All frequencies between 54 and 72 megaHertz, 
                inclusive.
                    ``(B) All frequencies between 76 and 88 megaHertz, 
                inclusive.
                    ``(C) All frequencies between 174 and 216 
                megaHertz, inclusive.
                    ``(D) All frequencies between 470 and 608 
                megaHertz, inclusive.
                    ``(E) All frequencies between 614 and 698 
                megaHertz, inclusive.
            ``(3) Licensee.--The term `licensee' means a licensee, as 
        defined in section 3(24), that is operating in a manner that is 
        not inconsistent with its license.''.

                     TITLE VII--DIGITAL TELEVISION

SEC. 701. ANALOG AND DIGITAL TELEVISION SETS AND CONVERTER BOXES; 
              CONSUMER EDUCATION AND REQUIREMENTS TO REDUCE THE 
              GOVERNMENT COST OF THE CONVERTER BOX PROGRAM.

    (a) Consumer Education Requirements.--Section 330 (47 U.S.C. 330) 
is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Consumer Education Requirements Regarding Analog Receivers.--
            ``(1) Requirements for manufacturers.--The manufacturer of 
        any analog only television set manufactured in the United 
        States or shipped in interstate commerce shall--
                    ``(A) place the appropriate removable label 
                described in paragraph (3) on the screen of such 
                television set; and
                    ``(B) display the label required by paragraph (3) 
                on the outside of the retail packaging of the 
                television set--
                            ``(i) in a clear and conspicuous manner; 
                        and
                            ``(ii) in a manner that cannot be removed.
            ``(2) Requirements for retailers.--
                    ``(A) In general.--A retailer of analog only 
                television sets that sells such television sets via 
                direct mail, catalog, or electronic means, shall 
                include in all advertisements or descriptions of such 
                television set the product and the information 
                described in paragraph (3) within 120 days after the 
                date of enactment of the Advanced Telecommunications 
                and Opportunities Reform Act.
                    ``(B) Duty to adequately inform consumers.--
                Notwithstanding the requirement in subparagraph (A), it 
                shall be a violation of this Act for any retailer of 
                analog-only television sets--
                            ``(i) to fail to adequately inform 
                        consumers about the availability of digital-to-
                        analog converter boxes; or
                            ``(ii) to provide misleading information 
                        about the availability and cost of such 
                        converter boxes.
            ``(3) Product and digital television transition 
        information.--
                    ``(A) Label requirement.--The following product and 
                digital television transition information shall be 
                displayed as a label on analog television sets, in both 
                English and Spanish:

                            `CONSUMER ALERT

                                  `This TV has only an 
                                ``analog'' broadcast tuner and 
                                will require a converter box 
                                after February 17, 2009 to 
                                receive over-the-air broadcasts 
                                with an antenna because of the 
                                Nation's transition to digital 
                                broadcasting on that date as 
                                required by Federal law. It 
                                should continue to work as 
                                before with cable and satellite 
                                TV services, gaming consoles, 
                                VCRs, DVD players, and similar 
                                products.'.
                    ``(B) Blocking technology.--All television sets, 
                analog or digital, that have a picture screen 13 inches 
                or greater in size (measured diagonally), shall be 
                equipped with a feature designed to enable viewers to 
                block display of all programs with a common rating. For 
                additional information on such technology, visit http:/
                /www.tvguidelines.org.
            ``(4) Commission outreach.--
                    ``(A) In general.--Beginning within 1 month after 
                the date of enactment of the Advanced 
                Telecommunications and Opportunities Reform Act, the 
                Commission shall initiate a public outreach program the 
                purpose of which is to educate consumers about the 
                digital television transition. Not later than October 
                15, 2007, the Commission shall complete and submit a 
                national plan to Congress on how to best carry out such 
                public outreach program. Such plan shall include a 
                description of how such public outreach program will 
                carry out the purposes, recommendations, and 
                requirements described in subparagraphs (A), (B), and 
                (C) of section 701(b)(3) of the Advanced 
                Telecommunications and Opportunities Reform Act.
                    ``(B) Website.--The Commission shall maintain and 
                publicize a website, or an easily accessible page on 
                its website, containing such consumer information as 
                well as any links to other websites the Commission 
                determines to be appropriate.
                    ``(C) Telephone information hotline.--The 
                Commission shall establish, maintain, and make public a 
                toll-free information hotline regarding the digital 
                television transition.
            ``(5) Public service announcements.--
                    ``(A) In general.--Each television broadcast 
                licensee or permittee shall broadcast at least 2 30-
                second public service announcements daily--
                            ``(i) during the 3-month period beginning 
                        December 1, 2007, such date being 1 month prior 
                        to the commencement of the digital-to-analog 
                        converter box subsidy program authorized under 
                        3005 of the Digital Television Transition and 
                        Public Safety Act of 2005 (Public Law 109-171; 
                        120 Stat. 24); and
                            ``(ii) during the 3-month period beginning 
                        on November 17, 2008, such date being 3 months 
                        prior to the Nation's transition to digital 
                        broadcasting as required under section 
                        309(j)(14) of the Communications Act of 1934 
                        (47 U.S.C. 309(j)(14)).
                    ``(B) Multilingual notices.--The information 
                required to be provided to consumers under this 
                paragraph shall be provided in English and Spanish and 
                may be provided in such other languages as may be 
                appropriate to the marketing segments of the public to 
                which the information is addressed.
                    ``(C) Time of broadcast.--The public service 
                announcements required under subparagraph (A) shall be 
                broadcast at such times as the Commission, in 
                accordance with the Working Group established under 
                section 701(b)(3) of the Advanced Telecommunications 
                and Opportunities Reform Act, may require in order to 
                assure the widest possible audience.
                    ``(D) Content of broadcast.--The public service 
                announcements required under subparagraph (A) shall, at 
                least--
                            ``(i) notify the public of the--
                                    ``(I) date of the digital 
                                transition; and
                                    ``(II) starting date of the 
                                digital-to-analog converter box subsidy 
                                program described in subparagraph (A); 
                                and
                            ``(ii) contain the address of the website 
                        and toll-free information hotline provided by 
                        the Commission under subparagraphs (B) and (C) 
                        of paragraph (4).
            ``(6) Penalty.--In addition to any other civil or criminal 
        penalty provided by law, the Commission shall issue civil 
        forfeitures for violations of the requirements of this 
        subsection in an amount equal to not more than 3 times the 
        amount of the forfeiture penalty established by section 
        503(a)(2)(A).
            ``(7) Sunset.--The requirements of this subsection, 
        excluding the consumer alert labeling provision described in 
        paragraph (3), shall cease to apply to manufacturers and 
        retailers on December 1, 2009.''.
    (b) DTV Working Group on Consumer Education, Outreach, and 
Technical Assistance.--
            (1) In general.--Within 60 days after the date of enactment 
        of this Act, the Federal Communications Commission shall 
        establish an advisory committee, to be known as the DTV Working 
        Group, to consult with State and local governments and the 
        National Telecommunications and Information Administration to 
        promote consumer outreach and to provide logistical assistance 
        on a market-by-market basis to consumers with special needs, 
        including the converter box subsidy program. The Working Group 
        shall ensure that the digital-to-analog converter box subsidy 
        program authorized under section 3005 of Digital Television 
        Transition and Public Safety Act of 2005 (Public Law 109-171; 
        120 Stat. 24) includes a means by which to reach and assist 
        elderly, disabled, low-income, and non-English speaking 
        households with the delivery and installation of such converter 
        boxes.
            (2) Membership.--The Commission shall appoint to the DTV 
        Working Group representatives of groups involved with the 
        transition to digital television, including the Commission, the 
        National Telecommunications and Information Administration, 
        other Federal agencies, commercial and noncommercial television 
        broadcasters, multichannel video programming distributors, 
        consumer electronics manufacturers and manufacturers of 
        peripheral devices, broadcast antenna and tuner manufacturers, 
        retail providers of consumer electronics equipment, as well as 
        providers of low-income assistance programs, educational 
        institutions, community groups, consumers, and public interest 
        groups (including the Television Ratings Oversight Monitoring 
        Board, the American Association of Retired Persons, the 
        American Association of People with Disabilities, and the 
        Seniors Coalition). Members of the DTV Working Group shall 
        serve without compensation and shall not be considered Federal 
        employees by reason of their service on the advisory committee.
            (3) Purposes.--The purposes of the DTV Working Group are--
                    (A) to advise the Commission through written 
                recommendations submitted not later than July 15, 2007, 
                about the creation and implementation of a national 
                plan to inform consumers about the digital television 
                transition as required by section 330(d)(4) of the 
                Communications Act of 1934 (47 U.S.C. 330(d)(6));
                    (B) to ensure that the Commission's national plan 
                includes--
                            (i) at a minimum, recommended procedures 
                        for public service announcements by 
                        broadcasters, toll-free information hotlines, 
                        and retail displays or notices, and any other 
                        media or non-media outreach methods the 
                        Commission determines necessary, including 
                        methods for reaching consumers after February 
                        17, 2009;
                            (ii) a requirement that all licensed 
                        broadcasters in a designated market area submit 
                        a joint plan to the Commission and the DTV 
                        Working Group, not later 4 months after the 
                        Commission initiates its public outreach 
                        program under section 330(d) of the 
                        Communications Act of 1934 (47 U.S.C. 330(d)), 
                        that addresses the public outreach and public 
                        service announcement requirements required by 
                        this title to inform consumers in those areas 
                        of the transition to digital television and 
                        that--
                                    (I) includes a description of how 
                                each commercial television broadcaster 
                                will fulfill the public service 
                                announcement requirements required 
                                under section 330(d)(7) of the 
                                Communications Act of 1934 (47 U.S.C. 
                                330(d)(7));
                                    (II) includes market research by 
                                each commercial television broadcaster 
                                regarding projected consumer demand for 
                                converter boxes in their designated 
                                market area; and
                                    (III) will be shared with retailers 
                                inside their designated market area so 
                                that such retailers may stock the 
                                appropriate amount of converter boxes 
                                to meet the needs of consumers within 
                                each designated market area;
                    (C) to work with the Commission and the National 
                Telecommunications and Information Administration to 
                ensure that the digital-to-analog converter box subsidy 
                program is administered in a manner such that those 
                consumers with the greatest need, including analog-only 
                consumers, are adequately served;
                    (D) to monitor and advise the Commission through 2 
                DTV Progress Reports regarding the course of the 
                outreach program during calendar year 2008; such 
                reports shall describe planned efforts by the private 
                sector, both nationally and in various television 
                broadcast markets, to inform consumers about the 
                digital transition, and shall evaluate the 
                effectiveness of the outreach program and the digital-
                to-analog converter box subsidy program authorized 
                under section 3005 of Digital Television Transition and 
                Public Safety Act of 2005 (public Law 109-171; 120 
                Stat. 24);
                    (E) to advise the Commission about modifications 
                necessary to the national plan to minimize potential 
                disruption to consumers attributable to the transition 
                to digital broadcasting required under section 
                309(j)(14) of the Communications Act of 1934 (47 U.S.C. 
                309(j)(14)); and
                    (F) to recommend to the Commission procedures for 
                contacting persons with disabilities, which shall 
                include--
                            (i) use of telecommunications relay 
                        services for persons who are deaf, hard of 
                        hearing, or with speech disabilities;
                            (ii) distribution of printed items 
                        available in alternative formats for persons 
                        with vision and learning disabilities; and
                            (iii) other alternative formats, including 
                        accessible websites for persons with 
                        disabilities.
    (c) Requirements To Promote Sale of Digital Televisions and 
Converter Boxes.--
            (1) Digital tuner mandate.--Part I of title III (47 U.S.C. 
        301 et seq.) is amended by inserting after section 303 the 
        following:

``SEC. 303A. REQUIREMENTS FOR DIGITAL TELEVISION SETS AND CERTAIN OTHER 
              EQUIPMENT.

    ``After March 1, 2007, it is unlawful for a manufacturer or 
importer to import into the United States or ship in interstate 
commerce for sale or resale to the public, a television broadcast 
receiver (as defined in section 15.3(w) of the Commission's regulations 
(47 C.F.R. 15.3(w))) that is not equipped with a tuner capable of 
receiving and decoding digital signals.''.
            (2) Commission not to change schedule.--The Federal 
        Communications Commission may not revise the digital television 
        reception capability implementation schedule under section 
        15.117(i) of its regulations (47 C.F.R. 15.117(i)) except to 
        conform that section to the requirements of section 303A of the 
        Communications Act of 1934.
            (3) Converter boxes.--
                    (A) Energy standards.--Within 1 year after the date 
                of enactment of this Act, the Assistant Secretary of 
                Commerce for Communications and Information, in 
                consultation with the Secretary of Energy, shall set 
                the energy standards for digital-to-analog converter 
                boxes (as defined in section 3005(d) of the Digital 
                Television Transition and Public Safety Act of 2005 (47 
                U.S.C. 309 note)), taking into consideration the cost 
                of the converter box. The standards shall meet the 
                criteria specified in section 325(o) of the Energy 
                Policy and Conservation Act (42 U.S.C. 6295(o)).
                    (B) Application.--Notwithstanding any other 
                provision of law, the standards set under subparagraph 
                (A) shall solely govern the energy standards for 
                converter boxes manufactured or imported for use in the 
                United States on and after the effective date 
                established by the Assistant Secretary. This paragraph 
                shall not apply after May 17, 2010.
                    (C) Conforming amendment.--Section 3005(d) of the 
                Digital Television Transition and Public Safety Act of 
                2005 (47 U.S.C. 309 note)) is amended by inserting ``a 
                clock, other incidental features, or'' after 
                ``include''.
    (d) Downconversion From Digital Signals to Analog Signals.--
            (1) Digital-to-analog conversion.--Section 614(b)(4) (47 
        U.S.C. 534(b)(4)) is amended--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (I); and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) Digital video signal.--With respect to any 
                television station that is transmitting broadcast 
                programming exclusively in the digital television 
                service in a local market, a cable operator of a cable 
                system in that market shall carry any digital video 
                signal requiring carriage under this section and 
                program-related material in the digital format 
                transmitted by that station, without material 
                degradation, if the licensee for that station relies on 
                this section or section 615 to obtain carriage of the 
                digital video signal and program-related material on 
                that cable system in that market.
                    ``(C) Multiple formats permitted.--A cable operator 
                of a cable system may offer the digital video signal 
                and program-related material of a local television 
                station described in subparagraph (A) in any analog or 
                digital format or formats, whether or not doing so 
                requires conversion from the format transmitted by the 
                local television station, so long as--
                            ``(i) the cable operator offers the digital 
                        video signal and program-related material in 
                        the converted analog or digital format or 
                        formats without material degradation; and
                            ``(ii) also offers the digital video signal 
                        and program-related material in the manner or 
                        manners required by this paragraph.
                    ``(D) Transitional conversions.--Notwithstanding 
                the requirement in subparagraph (B) to carry the 
                digital video signal and program-related material in 
                the digital format transmitted by the local television 
                station, but subject to the prohibition on material 
                degradation, until February 17, 2014--
                            ``(i) a cable operator--
                                    ``(I) shall offer the digital video 
                                signal and program-related material in 
                                the format or formats necessary for 
                                such signal and material to be viewable 
                                on analog and digital televisions; and
                                    ``(II) may convert the digital 
                                video signal and program-related 
                                material to standard-definition digital 
                                format in lieu of offering it in the 
                                digital format transmitted by the local 
                                television station; and
                            ``(ii) notwithstanding clause (i), a cable 
                        operator of a cable system with an activated 
                        capacity of 550 megahertz or less--
                                    ``(I) shall offer the digital video 
                                signal and program-related material of 
                                the local television station described 
                                in subparagraph (A), converted to an 
                                analog format; and
                                    ``(II) may, but shall not be 
                                required to, offer the digital video 
                                signal and program-related material in 
                                any digital format or formats.
                    ``(E) Location and method of conversion.--A cable 
                operator of a cable system may perform any conversion 
                permitted or required by this paragraph at any 
                location, from the cable head-end to the customer 
                premises, inclusive.
                    ``(F) Conversions not treated as degradation.--Any 
                conversion permitted or required by this paragraph 
                shall not, by itself, be treated as a material 
                degradation.
                    ``(G) Carriage of program-related material.--The 
                obligation to carry program-related material under this 
                paragraph is effective only to the extent technically 
                feasible.
                    ``(H) Definition of standard-definition format.--
                For purposes of this paragraph, a signal shall be in 
                standard definition digital format if such signal meets 
                the criteria for such format specified in the standard 
                recognized by the Commission in section 73.682 of its 
                rules (47 C.F.R. 73.682) or a successor regulation.''.
            (2) Tiering.--
                    (A) Amendment to communications act.--Clause (iii) 
                of section 623(b)(7)(A) (47 U.S.C. 543(b)(7)(A)(iii)) 
                is amended to read as follows:
                            ``(iii) Any analog signal and any digital 
                        video signal of any television broadcast 
                        station that is provided by the cable operator 
                        to any subscriber, except a signal which is 
                        secondarily transmitted by a satellite carrier 
                        beyond the local service area of such 
                        station.''.
                    (B) Effective date.--With respect to any television 
                broadcast station, this subsection and the amendments 
                made by this paragraph shall take effect on the date 
                the broadcaster ceases transmissions in the analog 
                television service.
            (3) Material degradation.--Section 614 (47 U.S.C. 534) is 
        amended--
                    (A) by redesignating subsection (h) as subsection 
                (i); and
                    (B) by inserting after subsection (g) the 
                following:
    ``(h) Material Degradation.--For purposes of this section and 
section 615, transmission of a digital signal over a cable system in a 
compressed bitstream shall not be considered material degradation as 
long as such compression does not materially affect the picture quality 
the consumer receives.''.
    (e) Satellite Downconversion.--Section 338 (47 U.S.C. 338) is 
amended by adding at the end the following:
    ``(l) Specific Carriage Obligations After Digital Transition.--
            ``(1) Digital video signal.--With respect to any television 
        broadcast station that is transmitting broadcast programming 
        exclusively in the digital television service in a local market 
        in the United States, a satellite carrier carrying the digital 
        signal of any other television broadcast station in that local 
        market shall carry the station's primary video required to be 
        carried and program-related material without material 
        degradation, if the licensee for that station relies on this 
        section to obtain carriage of the station's video signal and 
        program-related material on that satellite carrier's system in 
        that market.
            ``(2) Formatting of primary video.--A satellite carrier 
        shall offer the primary video and program-related material of a 
        local television station described in paragraph (1) in the 
        digital format transmitted by the station if the satellite 
        carrier carries the primary video of any other television 
        broadcast station in that local market in the same digital 
        format.
            ``(3) Multiple formats permitted.--A satellite carrier may 
        offer the primary video and program-related material of a local 
        television broadcast station described in paragraph (1) in any 
        analog or digital format or formats, whether or not doing so 
        requires conversion from the format transmitted by the local 
        television broadcast station, so long as--
                    ``(A) the satellite carrier offers the primary 
                video and program-related material in the converted 
                analog or digital format or formats without material 
                degradation; and
                    ``(B) also offers the primary video and program-
                related material in the manner or manners required by 
                this paragraph.
            ``(4) Transitional conversions.--Notwithstanding any 
        requirement in paragraph (1) or (2) to carry the primary video 
        and program-related material in the digital format transmitted 
        by the local television station, but subject to the prohibition 
        on material degradation, until February 17, 2014, a satellite 
        carrier--
                    ``(A) shall offer the primary video and program-
                related material of any local television broadcast 
                station required to be carried under paragraph (1) in 
                the format or formats necessary for such primary video 
                and program-related material to be viewable on analog 
                and digital televisions; and
                    ``(B) may convert the primary video and program-
                related material to standard-definition digital format 
                in lieu of offering it in the digital format 
                transmitted by the local television station.
            ``(5) Location and method of conversion.--A satellite 
        carrier may perform any conversion permitted or required by 
        this paragraph at any location, from the local receive facility 
        to the customer premises, inclusive.
            ``(6) Conversions not treated as degradation.--Any 
        conversion permitted or required by this paragraph shall not, 
        by itself, be treated as a material degradation.
            ``(7) Carriage of program-related material.--The obligation 
        to carry program-related material under this paragraph is 
        effective only to the extent technically feasible.
            ``(8) Definition of standard-definition format.--For 
        purposes of this subsection, the primary video shall be in 
        standard definition digital format if such primary video meets 
        the criteria for such format specified in the standard 
        recognized by the Commission in section 73.682 of its rules (47 
        C.F.R. 73.682) or a successor regulation.
            ``(9) Material degradation.--For purposes of this 
        subsection, transmission of a digital signal over a satellite 
        system in a compressed bitstream shall not be considered 
        material degradation as long as such compression does not 
        materially affect the picture quality the consumer receives.''.

SEC. 702. DIGITAL STREAM REQUIREMENT FOR THE BLIND.

    (a) Rules Reinstated.--The video description rules of the Federal 
Communications Commission contained in the report and order identified 
as Implementation of Video Description of Video Programming, Report and 
Order, 15 F.C.C.R. 15,230 (2000), shall, notwithstanding the decision 
of the United States Court of Appeals for the District of Columbia 
Circuit in Motion Picture Association of America, Inc., et al., v. 
Federal Communications Commission, et al. (309 F. 3d 796, November 8, 
2002), be considered to be authorized and ratified by law.
    (b) Continuing Authority of Commission.--The Federal Communications 
Commission--
            (1) shall, within 45 days after the date of enactment of 
        this Act, republish its video description rules contained in 
        the report and order Implementation of Video Description of 
        Video Programming, Report and Order, 15 F.C.C.R. 15,230 (2000);
            (2) may amend, repeal, or otherwise modify such rules;
            (3) shall initiate a proceeding within 120 days after the 
        date of enactment of this Act, and complete that proceeding 
        within 1 year, to consider incorporating accessible information 
        requirements in its video description rules; and
            (4) shall extend the video description rules under this 
        section to digital broadcast programming and video programming 
        (as defined in section 602(23) of the Communications Act of 
        1934), as appropriate, in the public interest.
    (c) Accessible Information Defined.--In this section, the term 
``accessible information'' may include written information displayed on 
television screens during regular programming, hazardous warnings and 
other emergency information, local and national news bulletins, and any 
other information the Commission deems appropriate.

SEC. 703. STATUS OF INTERNATIONAL COORDINATION.

    Until the date on which the international coordination with Canada 
and Mexico of the DTV table of allotments is complete (as determined by 
the Federal Communications Commission), the Federal Communications 
Commission shall submit a report every 6 months on the status of that 
international coordination to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Energy and Commerce.

SEC. 704. CERTAIN BORDER STATIONS.

    Section 309(j)(14) (47 U.S.C. 309(j)(14)) is amended by adding at 
the end the following:
                    ``(D) Border stations.--An analog broadcast 
                television station, whose programming is broadcast 
                entirely in the Spanish-language, that prior to 
                February 17, 2009, is licensed by the Commission to 
                serve communities located within 50 miles of the common 
                border with the United Mexican States and can establish 
                to the satisfaction of the Federal Communications 
                Commission that its continued operation in analog is in 
                the public interest, shall be entitled to the renewal 
                of its television broadcast license authorizing analog 
                television service and to operate on a channel between 
                2 and 51 that complies with the following provisions 
                through February 17, 2011:
                            ``(i) The channel used for analog operation 
                        may not--
                                    ``(I) prevent the auction of 
                                recovered spectrum, as provided for in 
                                paragraph (15) of this subsection;
                                    ``(II) prevent the use of recovered 
                                spectrum by public safety services, as 
                                provided for by section 337(a)(1) of 
                                this Act; and
                                    ``(III) encumber nor interfere with 
                                any channels reserved for public safety 
                                use as designated in FCC ET Docket No. 
                                97-157.
                            ``(ii) The station shall operate on its 
                        assigned analog channel as of February 16, 
                        2009, if that channel--
                                    ``(I) is designated between 2 and 
                                51;
                                    ``(II) has not been assigned to the 
                                station itself or another station for 
                                digital operation after the digital 
                                transition; and
                                    ``(III) could be used by that 
                                station for analog operation after the 
                                digital transition without causing 
                                interference to previously authorized 
                                digital television stations.
                            ``(iii) If the station does not meet the 
                        criteria of clause (ii) for operation on its 
                        assigned analog channel as of February 16, 
                        2009, the station may request, and the 
                        Commission shall promptly act upon such 
                        request, to be assigned a new channel for its 
                        analog operation, if the requested channel--
                                    ``(I) is shall between channels 2 
                                and 51; and
                                    ``(II) allows the station to 
                                operate on a primary basis without 
                                causing interference to other analog or 
                                digital television stations or to 
                                stations licensed to operate in other 
                                radio services that also operate on 
                                channels between 2 and 51. Where 
                                mutually exclusive applications are 
                                submitted for analog television 
                                operation on a channel under the 
                                provisions of this section, the 
                                Commission shall award the authority to 
                                use that channel through the 
                                application of the procedures of this 
                                subsection and giving due consideration 
                                to the alternative resolution 
                                procedures of paragraph (6)(E) of this 
                                subsection.
                            ``(iv) The station shall, from February 16, 
                        2009, through February 17, 2011, regularly 
                        broadcast Spanish-language public service 
                        announcements that serve to educate the 
                        station's viewers to the digital transition and 
                        the need to secure digital converters or 
                        monitors so that the station's viewers can 
                        receive the station's digital signal after 
                        February 17, 2011.''.

                    TITLE VIII--PROTECTING CHILDREN

SEC. 801. VIDEO TRANSMISSION OF CHILD PORNOGRAPHY.

    Section 621 (47 U.S.C. 541) is amended by adding at the end the 
following:
    ``(g) Child Pornography.--
            ``(1) In general.--A video service provider authorized to 
        provide video service in a local franchise area shall comply 
        with the regulations on child pornography promulgated pursuant 
        to paragraph (2).
            ``(2) Regulations.--Not later than 180 days after the date 
        of enactment of the Advanced Telecommunications and 
        Opportunities Reform Act, the Commission shall promulgate 
        regulations to require a video service to prevent the offering 
        of child pornography (as such term is defined in section 
        254(h)(7)(F)).''.

SEC. 802. ADDITIONAL CHILD PORNOGRAPHY AMENDMENTS.

    (a) Increase in Fine for Failure To Report.--Section 227(b)(4) of 
the Crime Control Act of 1990 (42 U.S.C. 13032(b)(4)) is amended--
            (1) by striking ``$50,000;'' in subparagraph (A) and 
        inserting ``$150,000;''; and
            (2) by striking ``$100,000.'' in subparagraph (B) and 
        inserting ``$300,000.''.
    (b) Warning Labels for Websites Depicting Sexually Explicit 
Material.--
            (1) In general.--
                    (A) Notice requirement.--It is unlawful for the 
                operator of a website that is primarily operated for 
                commercial purposes knowingly, and with knowledge of 
                the character of the material, to place sexually 
                explicit material on the website unless--
                            (i) the first page of the website viewable 
                        on the Internet does not include any sexually 
                        explicit material; and
                            (ii) each page or screen of the website 
                        that does contain sexually explicit material 
                        also displays the matter prescribed by the 
                        Federal Trade Commission under paragraph (2).
                    (B) Exception for restricted access websites.--
                Subparagraph (A)(ii) does not apply to any website 
                access to which is restricted to a specific set of 
                individuals through a password or other access 
                restriction mechanism.
            (2) Marks or notices.--Within 90 days after the date of 
        enactment of this Act, the Federal Trade Commission shall, in 
        consultation with the Attorney General, promulgate regulations 
        establishing clearly identifiable marks or notices to be 
        included in the code, if technologically feasible, or on the 
        pages or screens of a website that contains sexually explicit 
        material to inform any person who accesses that website of the 
        nature of the material and to facilitate the filtering of such 
        pages or screens.
            (3) Inapplicability to carriers and other service 
        providers.--Subsection (a) does not apply to a person to the 
        extent that the person is--
                    (A) a telecommunications carrier (as defined in 
                section 3(44) of the Communications Act of 1934 (47 
                U.S.C. 153(44));
                    (B) engaged in the business of providing an 
                Internet access service; or
                    (C) engaged in the transmission, storage, 
                retrieval, hosting, formatting, or translation of a 
                communication made by another person, without selection 
                or alteration of the content (other than by translation 
                or by lawful selection or deletion of matter).
            (4) Definitions.--In this subsection:
                    (A) Website.--The term ``website'' means any 
                collection of material placed in a computer server-
                based file archive so that it is publicly accessible 
                over the Internet using hypertext transfer protocol, or 
                any successor protocol.
                    (B) Sexually explicit material.--The term 
                ``sexually explicit material'' means material that 
                depicts sexually explicit conduct (as defined in 
                section 2256(2)(A) of section 2256 of title 18, United 
                States Code), unless that depiction constitutes a small 
                and insignificant part of the whole, the remainder of 
                which is not primarily devoted to sexual matters.
                    (C) Internet.--The term ``Internet'' means the 
                combination of computer facilities and electromagnetic 
                transmission media, and related equipment and software, 
                comprising the interconnected worldwide network of 
                computer networks that employ the Internet protocol or 
                any successor protocol to transmit information.
                    (D) Internet access service.--The term ``Internet 
                access service'' means a service that enables users to 
                access content, information, electronic mail, or other 
                services offered over the Internet and may also include 
                access to proprietary content, information, and other 
                services as part of a package of services offered to 
                the public other than telecommunications service (as 
                defined in section 3(46) of the Communications Act of 
                1934 (47 U.S.C. 153(46))).
            (5) Penalty.--Violation of this subsection is punishable by 
        a fine under title 18, United States Code, or imprisonment for 
        not more than 5 years, or both.
    (c) Prohibition on Deceptive Website Devices To Trick Individuals 
Into Accessing Matter That Is Obscene or Harmful to Children.--
            (1) In General.--Chapter 110 of title 18, United States 
        Code, is amended by inserting after section 2252B the 
        following:
``Sec. 2252C. Misleading words or images on the Internet
    ``(a) In General.--
            ``(1) Matter that is obscene.--It is unlawful for any 
        person knowingly to embed words, symbols, or digital images 
        into the source code of a website with the intent to deceive 
        another person into viewing material that is obscene.
            ``(2) Matter that is harmful to children.--It is unlawful 
        for any person knowingly to embed words, symbols, or digital 
        images into the source code of a website with the intent to 
        deceive a minor into viewing material that is harmful to 
        minors.
            ``(3) Identified matter not deceptive.--For purposes of 
        this section, a word, symbol, or image that clearly indicates 
        the sexual content of a website as sexual, pornographic, or 
        similar terms shall not be considered to be misleading or 
        deceptive.
    ``(b) Definitions.--In this section:
            ``(1) Material harmful to minors.--The term `material that 
        is harmful to minors' means a communication consisting of 
        nudity, sex, or excretion that, taken as a whole and with 
        reference to its content--
                    ``(A) predominantly appeals to a prurient interest 
                of a minor;
                    ``(B) is patently offensive to prevailing standards 
                in the adult community as a whole with respect to what 
                is suitable material for minors; and
                    ``(C) lacks serious literary, artistic, political, 
                or scientific value for minors.
            ``(2) Sex.--The term `sex' means acts of masturbation, 
        sexual intercourse, or physical contact with a person's 
        genitals, or the condition of human male or female genitals 
        when in a state of sexual stimulation or arousal.
            ``(3) Source code.--The term `source code' means the 
        combination of text and other characters comprising the 
        content, both viewable and nonviewable, of a web page, 
        including any website publishing language, programming 
        language, protocol, or functional content.
    ``(c) Penalties.--
            ``(1) Obscene material.--Violation of subsection (a)(1) is 
        punishable by a fine under this title, or imprisonment for not 
        more than 2 years, or both.
            ``(2) Material harmful to minors.--Violation of subsection 
        (a)(2) is punishable by a fine under this title, or 
        imprisonment for not more than 4 years, or both.''.
            (2) Conforming Amendment.--The chapter analysis for chapter 
        110 of title 18, United States Code, is amended by inserting 
        after the item relating to section 2252B the following:

``2252C. Misleading words or images on the Internet.''.
    (d) Civil Remedies.--
            (1) In General.--Section 2255(a) of title 18, United States 
        Code, is amended--
                    (A) by striking ``(a) Any minor who is'' in the 
                first sentence and inserting ``(a) In General.--Any 
                person who, while a minor, was'';
                    (B) by striking ``such violation'' in the first 
                sentence and inserting ``such violation, regardless of 
                whether the injury occurred while such person was a 
                minor,'';
                    (C) by striking ``such minor'' in the first 
                sentence and inserting ``such person'';
                    (D) by striking ``Any minor'' in the second 
                sentence and inserting ``Any person''; and
                    (E) by striking ``$50,000'' in the second sentence 
                and inserting ``$150,000''.
            (2) Conforming amendment.--Section 2255(b) of title 18, 
        United States Code, is amended by striking ``(b) Any action'' 
        and inserting ``(b) Statute of Limitations.--Any action''.

SEC. 803. PREVENTION OF INTERACTIVITY WITH COMMERCIAL MATTER DURING 
              CHILDREN'S PROGRAMMING.

    (a) In General.--It shall be the duty of each cable operator, video 
service provider, multichannel video programming distributor, satellite 
carrier, or any other provider of cable or over-the-air broadcast 
programming to prevent interactivity with commercial matter during any 
children's programming whether on, broadcast, cable, satellite 
television, or any other means of delivering programming to children, 
as well as during advertisements aired during or adjacent to such 
programs.
    (b) Rule of Construction.--For purposes of this section, the term 
``commercial matter'' means any interactivity designed with the purpose 
of selling or promoting a product, service, or brand.D23/

SEC. 804. FCC STUDY OF BUS-CASTING.

    (a) In General.--The Federal Communications Commission shall 
conduct a study of commercial proposals to broadcast radio or 
television programs for reception onboard specially equipped school 
buses operated by, or under contract with, local public educational 
agencies. In the study, the Commission shall examine--
            (1) the nature of the material proposed to be broadcast and 
        whether it is age appropriate for the passengers;
            (2) the amount and nature of commercial advertising to be 
        broadcast; and
            (3) whether such broadcasts for reception by public school 
        buses are in the public interest.
    (b) Report.--The Commission shall report its findings and 
recommendations to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Energy and 
Commerce within 6 months after the date of enactment of this Act.

             TITLE IX--INTERNET CONSUMER BILL OF RIGHTS ACT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Internet Consumer Bill of Rights 
Act of 2006''.

SEC. 902. FINDINGS.

    Congress finds that the Federal Communications Commission should 
seek to--
            (1) preserve the free-flow of ideas and information on the 
        Internet;
            (2) promote public discourse on the Internet;
            (3) preserve the vibrant and competitive free market that 
        presently exists for the Internet and other interactive 
        computer services unfettered by Federal or State regulation;
            (4) encourage investment and innovation in Internet 
        networks and applications markets through a diversity of 
        business models; and
            (5) promote deployment of broadband networks nationwide.

SEC. 903. CONSUMER INTERNET BILL OF RIGHTS.

    (a) In General.--Except as otherwise provided in this title, with 
respect to Internet services, each Internet service provider shall 
allow each subscriber to--
            (1) access and post any lawful content of that subscriber's 
        choosing;
            (2) access any web page of that subscriber's choosing;
            (3) access and run any voice application, software, or 
        service of that subscriber's choosing;
            (4) access and run any video application, software, or 
        service of that subscriber's choosing;
            (5) access and run any email application, software, or 
        service of that subscriber's choosing;
            (6) access and run any search engine of that subscriber's 
        choosing;
            (7) access and run any other application, software, or 
        service of that subscriber's choosing;
            (8) connect any legal device of that subscriber's choosing 
        to the Internet access equipment of that subscriber, if such 
        device does not harm the network of the Internet service 
        provider; and
            (9) receive clear and conspicuous information, in plain 
        language, about the estimated speeds, capabilities, 
        limitations, and pricing of any Internet service offered to the 
        public.
    (b) No Interference With the Internet.--A subscriber may exercise 
any of the rights enumerated in subsection (a)--
            (1) without interference from any Federal, State, or local 
        government, except as specifically authorized by law;
            (2) without interference from an Internet service provider, 
        except as otherwise provided by law;
            (3) for any legal purpose; and
            (4) subject to the limitations of the Internet service such 
        subscriber has purchased.

SEC. 904. APPLICATION OF THE FIRST AMENDMENT.

    Consistent with the First Amendment to the United States 
Constitution, as applied to the States through the Fourteenth Amendment 
to the United States Constitution--
            (1) no Federal, State, or local government may limit, 
        restrict, ban, prohibit, or otherwise regulate content on the 
        Internet because of the religious views, political views, or 
        any other views expressed in such content unless specifically 
        authorized by law; and
            (2) no Internet service provider engaged in interstate 
        commerce may limit, restrict, ban, prohibit, or otherwise 
        regulate content on the Internet because of the religious 
        views, political views, or any other views expressed in such 
        content unless specifically authorized by law.

SEC. 905. STAND-ALONE INTERNET SERVICE SHALL BE OFFERED TO THE PUBLIC.

    An Internet service provider shall offer to any potential 
subscriber any Internet service such provider offers without requiring 
that subscriber to purchase or use any telecommunications service, 
information service, IP-enabled voice service, video service, or other 
service offered by such Internet service provider.

SEC. 906. NETWORK SECURITY, WORMS, VIRUSES, DENIAL OF SERVICE, PARENTAL 
              CONTROLS, AND BLOCKING CHILD PORNOGRAPHY.

    An Internet service provider may--
            (1) protect the security, privacy, or integrity of the 
        network or facilities of such provider, the computer of any 
        subscriber, or any service, including by--
                    (A) blocking worms or viruses; or
                    (B) preventing denial of service attacks;
            (2) facilitate diagnostics, technical support, maintenance, 
        network management, or repair of the network or service of such 
        provider;
            (3) prevent or detect unauthorized, fraudulent, or 
        otherwise unlawful uses of the network or service of such 
        provider;
            (4) block access to content, applications, or services that 
        Federal or State law expressly authorizes to be blocked, 
        including child pornography;
            (5) provide consumers Parental Control applications, 
        devices, or services, including--
                    (A) blocking access to websites with obscene or 
                adult content;
                    (B) blocking display of video content based on a 
                common rating; or
                    (C) offering a family friendly tier of service; and
            (6) allow a subscriber to elect to have content, 
        applications, or services blocked at the request of such 
        subscriber.

SEC. 907. ENFORCEMENT.

    (a) In General.--The Federal Communications Commission shall, by 
rule, establish an adjudicatory enforcement procedure under which--
            (1) any subscriber aggrieved by a violation of the 
        requirements of section 903 may initiate an enforcement action 
        by filing a complaint, in such form and in such manner as the 
        Commission may prescribe; and
            (2) the Commission shall make a determination, after notice 
        and an opportunity for a hearing, with respect to any bona fide 
        complaint not later than 120 days after the date on which such 
        complaint is received.
    (b) Penalty for Violations.--Any person who violates any provision 
of this title shall be subject to enforcement action by the Commission 
under title IV and section 503 of the Communications Act of 1934. For 
purposes of any forfeiture imposed pursuant to section 503 for such a 
violation, the maximum forfeiture for a violation of this title shall 
be $500,000 for each such violation.
    (c) Equitable Relief Available.--In response to any complaint of a 
violation of this title, the Commission may--
            (1) issue an injunction or temporary restraining order; or
            (2) provide such other equitable relief as the Commission 
        determines appropriate.

SEC. 908. COMMISSION PROHIBITED FROM ISSUING REGULATIONS.

    Except as provided in section 907(a), the Commission shall not--
            (1) promulgate any regulations implementing this title; nor
            (2) enlarge or modify the obligations imposed on Internet 
        service providers through the adjudicatory process under 
        section 907.

SEC. 909. FCC REVIEW.

    (a) In General.--Beginning 1 year after the date of enactment of 
this Act, the Federal Communications Commission shall report annually 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives regarding--
            (1) the developments in Internet traffic processing, 
        routing, peering, transport, and interconnection;
            (2) how such developments impact the free-flow of 
        information over the public Internet and the consumer and small 
        business experience using the public Internet;
            (3) business relationships between Internet service 
        providers and applications and online user service providers; 
        and
            (4) the development of and services available over public 
        and private Internet offerings.
    (b) Determinations and Recommendations.--The Federal Communications 
Commission shall make such recommendations under subsection (a), as the 
Commission determines appropriate.

SEC. 910. EXCEPTIONS.

    Nothing in this title shall--
            (1) preclude an Internet service provider from displaying 
        advertisements in connection with a broadband service; or
            (2) apply to a service in which Internet service is not the 
        primary service, such as a video service offered under Title VI 
        of the Communications Act of 1934 (47 U.S.C. 521 et seq.).

SEC. 911. FCC TO REVISIT BROADBAND SPEEDS.

    Within 90 days after the date of enactment of this Act and 
biennially thereafter, the Federal Communications Commission shall 
revise its definition of broadband to reflect a data rate--
            (1) greater than the 200 kilobits per second standard 
        established in its Section 706 Report (14 FCC Rec. 2406); and
            (2) consistent with data rates for broadband communications 
        services generally available to the public on the date of 
        enactment of this Act and thereafter, upon the date of the 
        Commission's review.

SEC. 912. PROTECTION OF EMERGENCY COMMUNICATIONS.

    An Internet service provider shall prioritize, to the extent 
technically feasible, 911 and E-911 emergency communications to ensure 
timely and effective emergency communications in a manner that is not 
inconsistent with other priority levels needed in times of Federal, 
State, and local emergencies and for other public safety and homeland 
security needs or requirements.

SEC. 913. DEFINITIONS.

    In this title:
            (1) Internet service.--The term ``Internet service'' means 
        any service that provides access to the public Internet 
        directly to the public.
            (2) Subscriber.--The term ``subscriber'' means a retail end 
        user that purchases Internet service.

                         TITLE X--MISCELLANEOUS

SEC. 1001. COMMISSIONER PARTICIPATION IN FORUMS AND MEETINGS.

    (a) In General.--Section 5 (47 U.S.C. 155) is amended by adding at 
the end the following:
    ``(f) Meetings.--
            ``(1) Attendance required.--Notwithstanding 552b of title 
        5, United States Code, and section 4(h) of this Act, the 
        Commission may conduct a meeting that is not open to the public 
        if the meeting is attended by--
                    ``(A) all members of the Commission; or
                    ``(B) at least 1 member of the political party 
                whose members are in the minority.
            ``(2) Voting prohibited.--The Commission may not vote or 
        make any final decision on any matter pending before it in a 
        meeting that is not open to the public, unless--
                    ``(A) otherwise authorized by section 552b(b) of 
                title 5, United States Code; or
                    ``(B) the Commission has moved its operations 
                outside Washington, D.C., pursuant to a Continuity of 
                Operations Plan.
            ``(3) Publication of summary.--If the Commission conducts a 
        meeting that is not open to the public under this section, the 
        Commission shall promptly publish an executive summary 
        describing the matters discussed at that meeting after the 
        meeting ends, except for such matters as the Commission 
        determines may be withheld under section 552b(c) of title 5, 
        United States Code. This paragraph does not apply to a meeting 
        described in paragraph (4).
            ``(4) Quorum unnecessary for certain meetings.--Neither 
        section 552b of title 5, United States Code, nor paragraph (1) 
        of this subsection applies to--
                    ``(A) a meeting of 3 or more members of the 
                Commission with the President, any person employed by 
                the Office of the President, any official of a Federal, 
                State, or local agency, a Member of Congress or his 
                staff;
                    ``(B) the attendance, by 3 or more members of the 
                Commission, at a forum or conference to discuss general 
                communications issues; or
                    ``(C) a meeting of 3 or more members of the 
                Commission when the Continuity of Operations Plan is in 
                effect and the Commission is operating under the terms 
                of that Plan.
            ``(5) Savings clause.--Nothing in this subsection shall be 
        construed to prohibit the Commission from doing anything 
        authorized by section 552b of title 5, United States Code.''.

SEC. 1002. OFFICE OF INDIAN AFFAIRS.

    (a) In General.--There is established within the Federal 
Communications Commission an Office of Indian Affairs.
    (b) Relationship to Tribal Governments.--The Office shall 
recognize--
            (1) that the Federal government has a longstanding policy 
        of promoting tribal self-sufficiency and economic development 
        as embodied in various Federal statutes;
            (2) that the Federal government has a trust responsibility 
        to and a government-to-government relationship with recognized 
        tribes;
            (3) its own general trust relationship with, and 
        responsibility to, Federally-recognized Indian Tribes; and
            (4) the rights of Tribal governments to establish and 
        implement their own communications priorities and goals for the 
        welfare of their membership.
    (c) Purposes.--The Office shall--
            (1) work with Indian Tribes on a government-to-government 
        basis consistent with the principles of Tribal self-governance 
        to ensure, through regulations and policy initiatives, and 
        consistent with section 1 of the Communications Act of 1934 (47 
        U.S.C. 151), that Indian Tribes have adequate access to 
        communications services and to further the goals and priorities 
        herein;
            (2) consult with Tribal governments prior to implementing 
        any regulatory action or policy that will significantly or 
        uniquely affect Tribal governments, their members, land, and 
        resources;
            (3) advise directly the Commission, offices, and Bureaus on 
        matters of Tribal law and sovereignty, conducting outreach to 
        Indian Tribes, coordinating and preparing an annual report on 
        status of telecommunications in Indian country, and such other 
        duties as the Commission shall determine;
            (4) strive to develop working relationships with Tribal 
        governments, and endeavor to identify innovative mechanisms to 
        facilitate Tribal consultation in agency regulatory processes 
        that uniquely affect telecommunications compliance activities, 
        radio spectrum policies, and other telecommunications service-
        related issues on Tribal lands;
            (5) endeavor to streamline its administrative process and 
        procedures to remove undue burdens that its decisions and 
        actions place on Indian Tribes and seek to remove those 
        impediments to the extent authorized by law;
            (6) assist Indian Tribes in complying with Federal 
        communications statutes and regulations;
            (7) seek to identify and establish procedures and 
        mechanisms to educate Commission staff about Tribal governments 
        and Tribal cultures, sovereignty rights, Indian law, and Tribal 
        communications needs;
            (8) work cooperatively with other Federal departments and 
        agencies, Tribal, State, and local governments to further the 
        goals of this policy and to address communications problems, 
        such as low penetration rates and poor quality services on 
        reservations, and other problems of mutual concern;
            (9) welcome submission from Tribal governments and other 
        concerned parties as to other actions the Commission might take 
        to further the goals and principles presented herein;
            (10) facilitate incorporation of these Indian policy goals 
        into the Commission's ongoing and long-term planning and 
        management activities, including its policy proposals, 
        management accountability system, and ongoing policy 
        development processes; and
            (11) perform such other tasks as are necessary to preserve 
        and advance the trust relationship between the Federal 
        government and Tribal governments.

SEC. 1003. OFFICE OF CONSUMER ADVOCATE.

    (a) In General.--There is established within the Federal 
Communications Commission an Office of Consumer Advocate. The Office 
shall be headed by a Director, appointed by the Commission.
    (b) Independence of the Office.--The Office shall be independent of 
the other bureaus and offices of the Commission. The Office and its 
staff shall be bound by the same code of conduct, personnel practices, 
procurement procedures, contracting procedures, and other relevant 
practices and procedures as the Commission.
    (c) Appointment of Director; Grounds for Removal from Office.--
            (1) In general.--The Director shall be appointed by the 
        Commissioners of the Commission, in consultation with each 
        other and with the advisory committee established under 
        subsection (h).
            (2) Initial appointment.--The initial Director shall be 
        appointed within 180 days after the date of enactment of this 
        Act.
            (3) Term; removal.--The Director--
                    (A) shall be appointed for a term of 4 years;
                    (B) may be removed by the Chairman of the 
                Commission only for cause, such as malfeasance or the 
                failure to carry out the duties of the position; and
                    (C) shall be eligible for reappointment.
            (4) Qualifications.--The Director shall--
                    (A) be a citizen of the United States;
                    (B) be admitted to the practice of law;
                    (C) be knowledgeable about the various areas within 
                the Commission's jurisdiction;
                    (D) have experience in public interest advocacy; 
                and
                    (E) be independent of, and have no substantial 
                pecuniary interest in, any business regulated by the 
                Commission for at least 3 years preceding appointment.
            (5) Compensation.--The Director shall be compensated at the 
        rate established for GS-15 of the General Schedule under 
        section 5104 of title 5, United States Code. The salaries paid 
        to any members of the staff of the Office shall be consistent 
        with and in the range applicable to salaries paid to employees 
        of the Commission.
    (d) Duties.--The Director of the Office shall act as an attorney 
for and represent all residential consumers generally, in any matters 
relating to matters within the jurisdiction of the Commission.
    (e) Authority.--The Director may--
            (1) comment, intervene, or otherwise be a party in any 
        Commission proceeding or investigation concerning matters 
        within the Commission's jurisdiction that affect residential 
        consumers;
            (2) have the same access to Commission records as enjoyed 
        by other Commission officials;
            (3) appeal any determination, finding, or order of the 
        Commission in any proceeding in which the Office has 
        participated;
            (4) appear on behalf of residential consumers before other 
        Federal agencies and Federal courts in cases as the Director 
        may determine is consistent with the Office's goals;
            (5) participate in any Commission-established committees or 
        other bodies that consider or review matters that affect 
        residential consumers of services within the Commission's 
        jurisdiction; and
            (6) appear and testify before Congress regarding matters 
        within the scope of the Office's duties.
    (f) Responsibilities of Director.--The Director shall be 
responsible for effectuating the purpose, goals, and administration of 
the Office, including the provision of any necessary technical and 
professional staff, equipment and other facilities. The members of the 
staff of the Office shall be subject to the same protections and 
privileges as other equivalent staff of the Commission. The Director 
shall have the authority to conduct or contract for studies, surveys, 
research, or expert witness testimony relating to matters affecting the 
interests of residential consumers of services within the Commission's 
jurisdiction. The Director shall have the authority to request the 
assistance of personnel from State consumer advocate offices to 
effectuate its responsibilities, so that Commission resources are not 
overburdened. On no less frequent than an annual basis, the Office 
shall issue a written report that contains a description of its 
activities and budget allocation for the previous fiscal year, and a 
proposed budget and description of priorities for the following fiscal 
year.
    (g) Representation of Consumers.--In exercising the discretion of 
whether the Office will represent or refrain from representing 
residential consumers in a particular matter, the Director shall 
consider the importance and extent of residential consumers' interests 
and whether those interests would be adequately represented. If the 
Director determines there may be a conflict among or between classes of 
residential consumers in a particular matter, the Director may choose 
to represent one of the interests or none of the interests.
    (h) Advisory Committee.--
            (1) Appointment.--There is established an Advisory 
        Committee to assist the Director in carrying out the Director's 
        duties, as appropriate and reasonable. The Advisory Committee 
        shall be composed of--
                    (A) 3 members chosen by a national association of 
                State utility consumer advocates; and
                    (B) 4 members chosen by the Chairman of the 
                Commission.
            (2) Qualifications.--Each member of the advisory committee 
        shall have experience in consumer interests in matters within 
        the jurisdiction of the Commission.
            (3) Compensation and Reimbursement for Expenses.--Members 
        of the advisory committee shall serve without compensation and 
        may not be reimbursed for travel or related expenses even while 
        engaged in official business of the advisory committee.
    (i) Funding.--The annual budget of the Commission shall include an 
account separate from the other bureaus and offices of the Commission, 
which account shall be used exclusively by the Office in the 
performance of its duties. The budget for the Office shall be 
separately identified in the Commission's annual budget request. There 
are authorized to be made available to the Office for fiscal year 
$200,000.
    (j) Standing of State Officials.--The creation of the Office shall 
in no way derogate the standing of any State consumer advocate or any 
national association of State utility consumer advocates to appear 
before the Commission, or appeal any Commission decision.

SEC. 1004. DATA ON LOCAL COMPETITION IN DIFFERENT PRODUCT MARKETS.

    (a) Inquiry.--Not later than 180 days after the date of enactment 
of this Act, and every year thereafter, the Commission shall conduct an 
inquiry regarding the extent to which providers of communications 
service have deployed their own local transmission facilities.
    (b) Data Collection.--In connection with its inquiry, the 
Commission shall require that all providers of communications service 
submit annual reports to the Commission describing the extent to which 
they have deployed their own local transmission facilities. At a 
minimum, providers shall report separately on their deployment of loop 
facilities in each wire center used to provide service in different 
product markets served by communications service providers. In defining 
product markets for these purposes, the Commission shall utilize the 
methodology set forth in the United States Department of Justice and 
Federal Trade Commission Horizontal Merger Guidelines and shall, at a 
minimum, distinguish among the products demanded by--
            (1) residential customers;
            (2) small and medium-sized business customers; and
            (3) large business customers.
    (c) Report to Congress.--Not later than one year after the date of 
enactment of this Act, and each year thereafter, the Commission shall 
submit a report to Congress describing the extent to which providers of 
telecommunications service, broadband service, and IP-enabled voice 
service have deployed their own local transmission facilities. Such 
report shall analyze separately the extent of actual facilities-based 
competition in each wire center in the product markets described in 
subsection (b).
    (d) Definitions.--In this section:
            (1) Broadband service.--The term ``broadband service'' 
        means any service used for transmission of information of a 
        user's choosing with a transmission speed of at least 200 
        kilobits per second in at least 1 direction, regardless of the 
        transmission medium or technology employed, that connects to 
        the public Internet for a fee directly--
                    (A) to the public; or
                    (B) to such classes of users as to be effectively 
                available directly to the public.
            (2) Communications service.--The term ``communications 
        service'' means telecommunications service, broadband service, 
        or IP-enabled voice service (whether offered separately or as 
        part of a bundle of services).
            (3) IP-enabled voice service.--The term ``IP-enabled voice 
        service'' means the provision of real-time 2-way voice 
        communications offered to the public, or such classes of users 
        as to be effectively available to the public, transmitted 
        through customer premises equipment using Internet protocol, or 
        a successor protocol, for a fee (whether part of a bundle of 
        services or separately) with 2-way interconnection capability 
        such that the service can originate traffic to, and terminate 
        traffic from, the public switched telephone network.
            (4) Local transmission facilities.--The term ``local 
        transmission facilities'' means wireless and wireline 
        transmission facilities used to transmit information or signals 
        to, from or among locations within a wire center.

SEC. 1005. IMPROVED ENFORCEMENT OPTIONS.

    (a) Increased Penalties.--Section 503(b)(2)(B) (47 U.S.C. 
503(b)(2)(B)) is amended--
            (1) by striking ``$100,000'' and inserting ``$1,000,000''; 
        and
            (2) by striking ``$1,000,000'' and inserting 
        ``$10,000,000''.
    (b) Statute of Limitations.--Section 503(b)(6) (47 U.S.C. 
503(b)(6)) is amended--
            (1) by striking ``or'' after the semicolon in subparagraph 
        (A)(ii);
            (2) redesignating subparagraph (B) as subparagraph (C); and
            (3) inserting after subparagraph (A) the following:
            ``(B) such person is a common carrier subject to the 
        provisions of this Act or an applicant for any common carrier 
        license, permit, certificate, or other instrument of 
        authorization issued by the Commission and if the violation 
        charged occurred more than 3 years prior to the date of 
        issuance of the required notice or notice of apparent 
        liability; or''.
    (c) Independent Network Affiliates.--Section 503(b) (47 U.S.C. 
503(b)), as amended by section 338, is further amended by adding at the 
end the following:
    ``(8) Independent network affiliates.--
                    ``(A) In general.--No forfeiture penalty shall be 
                determined or imposed under paragraph (2) of this 
                subsection against an independent network affiliate for 
                a violation of any section of title 18, United States 
                Code, referred to in paragraph (1)(D) with respect to 
                network-originated programming--
                            ``(i) that the affiliate has not been 
                        afforded the reasonable opportunity to preview 
                        prior to its scheduled air time; or
                            ``(ii) for which the network has failed to 
                        advise the affiliate prior to the scheduled air 
                        time that the programming contains content that 
                        could be in violation of any such section.
                    ``(B) Independent network affiliate defined.--In 
                this paragraph, the term `independent network 
                affiliate' means a television broadcast station 
                licensee that is neither owned nor controlled by a 
                television network (as defined in section 340(d)(5) of 
                this Act.''.

SEC. 1006. MOBILE SERVICES TERMS AND CONDITIONS.

    (a) In General.--Subparagraph (A) of section 332(c)(3) (47 U.S.C. 
332(c)(3)) is amended--
            (1) by striking the first sentence and inserting ``(i) 
        Notwithstanding sections 2(b) and 221(b) or any other provision 
        of law, a State or local government shall not regulate or 
        adjudicate--
                    ``(I) the entry of or the rates charged by any 
                provider of commercial mobile service or private mobile 
                service for any such mobile service or any or any other 
                service that is primarily intended for receipt on or 
                use with a wireless device that is utilized by a 
                customer of such mobile service in connection with such 
                mobile service; or
                    ``(II) any terms and conditions of such mobile 
                service or any other such service, except pursuant to a 
                law or regulation generally applicable to businesses in 
                the State other than a law or regulation that regulates 
                or has the effect of regulating the entry or rates for 
                any such service.'';
            (2) by inserting after the first sentence, as so amended 
        the following:
            ``(ii) Nothing in this section shall affect the authority 
        of the Commission under this Act to adopt consumer protection 
        requirements applicable to providers of commercial mobile 
        service or private mobile services.'';
            (3) by indenting the sentence beginning ``Nothing in this 
        subparagraph'' 4 ems from the left margin and inserting 
        ``(iii)'' before ``Nothing''; and
            (4) by redesignating clauses (i) and (ii) in the third 
        sentence as subclauses (I) and (II), respectively, and 
        indenting them 6 ems from the left margin.
    (b) Rulemaking.--Within 1 year after the date of enactment of this 
Act, the Federal Communications Commission shall adopt a final rule 
establishing customer service and consumer protection requirements for 
providers of commercial mobile service or private mobile service (as 
such terms are defined in section 332(d)(1) and (3), respectively, of 
the Communications Act of 1934 (47 U.S.C. 332(d)(1) and (3))).
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect 180 days after the date on which the Commission adopts the 
final rule described in subsection (b).
    (d) Truth in Billing.--
            (1) Findings.--Congress finds the following:
                    (A) In recent years, carriers have significantly 
                increased their use of separate, line-item fees for so 
                called ``regulatory compliance'' charges, that are 
                generally not included in the advertised price of 
                communications services.
                    (B) These line-item fees often fail to adequately 
                inform consumers of the specific costs being recovered 
                through such charges and as to whether such charges are 
                required by government law or rule, or alternatively, 
                are imposed at the discretion of the carrier.
                    (C) The proliferation of discretionary line item 
                surcharges and fees can lead to consumer confusion and 
                can impede the delivery of basic information necessary 
                for consumers to compare the cost of communications 
                services offered by different carriers and to make 
                informed decisions.
                    (D) The proper functioning of competitive markets 
                is predicated on consumers having access to accurate, 
                meaningful information in a format that they can 
                understand.
                    (E) The Federal Communications Commission has an 
                obligation under the Communications Act of 1934 and 
                that Act's Truth-in-Billing principles to ensure that 
                consumers receive clear, accurate, and understandable 
                bills from providers of communications services.
            (2) Commission to issue truth-in-telephone-billing 
        regulations.--Not later than 180 days after the date of 
        enactment of this Act, the Federal Communications Commission 
        shall initiate and conclude a proceeding under part I of title 
        II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) to 
        prevent a telecommunications carrier from listing any charge or 
        fee on the billing statement or other billing charge of a 
        subscriber as a separately stated charge or fee other than a 
        charge or fee--
                    (A) for telecommunications service or other 
                services provided to a subscriber;
                    (B) for nonpayment, early termination of service, 
                or other lawful penalty;
                    (C) for Federal, State, or local sales, excise, or 
                other taxes; or
                    (D) expressly authorized by a Federal, State, or 
                local statute, regulation, or rule to appear on a 
                subscriber's billing statement or other billing charge 
                as a separately stated charge or fee.
            (3) Enforcement.--The Commission may enforce the 
        regulations promulgated under paragraph (2) under section 220 
        and other appropriate provisions of the Communications Act of 
        1934 (47 U.S.C. 151 et seq.).
            (4) Definitions.--In this subsection:
                    (A) Commission.--The term ``Commission'' means the 
                Federal Communications Commission.
                    (B) Telecommunications carrier.--The term 
                ``telecommunications carrier'' has the meaning given 
                that term by section 3(44) of the Communications Act of 
                1934 (47 U.S.C. 153(44)).
                    (C) Telecommunications service.--The term 
                ``telecommunications service'' has the meaning given 
                that term by section 3(46) of the Communications Act of 
                1934 (47 U.S.C. 153(46)).

SEC. 1007. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of such provisions 
to any person or circumstance shall not be affected thereby.

SEC. 1008. CLARIFICATION OF CERTAIN JURISDICTIONAL ISSUES.

    (a) In General.--Notwithstanding any other provision of law, the 
Commission shall have authority to issue, and shall not undermine, 
alter, or amend decisions made in Vonage Holdings Corp. Petition for 
Declaratory Ruling Concerning an Order of the Minnesota Public 
Utilities Commission, WC Docket No. 03-211, Memorandum Opinion and 
Order, FCC 04-267 (November 9, 2004) or Petition for Declaratory Ruling 
that pulver.com's Free World Dialup is Neither Telecommunications Nor a 
Telecommunications Service, WC Docket No. 03-45, Memorandum Opinion and 
Order, FCC 04-27 (February, 19, 2004), except to apply such decisions 
to other similar services that share similar basic characteristics.
    (b) Pending Challenges.--Any pending challenges to the decisions 
described in subsection (a) shall be dismissed.
    (c) Clarification.--Nothing in this section shall be construed to 
supersede or preempt the consumer protection laws of any State, 
including any privacy or anti-child pornography law of a State, except 
to the extent that such laws regulate the rates for entry or exit by a 
provider of such services.

SEC. 1009. FCC TO ISSUE A FURTHER NOTICE OF PROPOSED RULEMAKING BEFORE 
              CHANGING BROADCAST MEDIA OWNERSHIP RULES.

    (a) In General.--Before making any changes to section 73.3555 of 
its regulations (47 C.F.R. 73.3555), as those regulations were in 
effect on June 1, 2003, the Federal Communications Commission shall 
issue a further Notice of Proposed Rulemaking with respect to any such 
changes.
    (b) Clarification of Applicable Regulations.--The cross-media 
limits rule adopted by the Federal Communications Commission on June 2, 
2003, pursuant to its proceeding on broadcast media ownership rules, 
Report and Order FCC-03-127, is declared null and void, and section 
73.3555 of the Commission's regulations (47 C.F.R. 73.3555), as those 
regulations were in effect before the adoption of the rule, are 
reinstated with effect from June 2, 2003.

SEC. 1010. DIVERSITY IN MEDIA OWNERSHIP.

    The Federal Communications Commission shall not promulgate rules 
regarding media ownership without first completing regulatory action in 
its proceeding DA 04-1690, entitled ``Media Bureau Seeks Comment on 
Ways to Further Section 257 Mandate and to Build on Earlier Studies,'' 
initiated on June 15, 2004.

SEC. 1011. BROADBAND REPORTING REQUIREMENTS.

    (a) Reporting Requirements.--
            (1) General requirements.--The Commission shall revise FCC 
        Form 477 reporting requirements within 180 days after the date 
        of enactment of this Act to require broadband service providers 
        to report the following information:
                    (A) Identification of where the provider provides 
                broadband service to customers, identified by zip code 
                plus four digit location (hereinafter referred to as 
                ``service area'').
                    (B) Percentage of households and businesses in each 
                service area that are offered broadband service by the 
                provider, and the percentage of such households that 
                subscribe to each service plan offered.
                    (C) The average price per megabyte of download 
                speed and upload speed in each service area.
                    (D) Identification by service area of the 
                provider's broadband service's--
                            (i) actual average throughput; and
                            (ii) contention ratio of the number of 
                        users sharing the same line.
            (2) Exception.--The Commission shall exempt a broadband 
        service provider from the requirements in subsection (1) if the 
        Commission determines that a provider's compliance with the 
        reporting requirements is cost prohibitive, as defined by the 
        Commission.
    (b) Demographic Information for Unserved Areas.--The Commission, 
using available Census Bureau data, shall provide to Congress on an 
annual basis a report containing the following information for each 
service area that is not served by any broadband service provider--
            (1) population;
            (2) population density; and
            (3) average per capita income.

SEC. 1012. APPLICATION OF ONE-YEAR RESTRICTIONS TO CERTAIN POSITIONS.

    For purposes of section 207 of title 18, United States Code, an 
individual serving in any of the following positions, or in any 
successor position, at the Federal Communications Commission is deemed 
to be a person described in section 207(c)(2)(A)(ii) of that title, 
regardless of the individual's rate of basic pay:
            (1) Chief, Office of Engineering and Technology.
            (2) Director, Office of Legislative Affairs.
            (3) Inspector General, Office of Inspector General.
            (4) Managing Director, Office of Managing Director.
            (5) General Counsel, Office of General Counsel.
            (6) Chief, Office of Strategic Planning and Policy 
        Analysis.
            (7) Chief, Consumer and Governmental Affairs Bureau.
            (8) Chief, Enforcement Bureau.
            (9) Chief, International Bureau.
            (10) Chief, Media Bureau.
            (11) Chief, Wireline Competition Bureau.
            (12) Chief, Wireless Telecommunications Bureau.
            (13) Any position for which the individual was appointed 
        under section 4(f)(2) of the Communications Act of 1934 (47 
        U.S.C. 4(f)(2)).

SEC. 1013. INTERNET TAX FREEDOM ACT AMENDMENT.

    Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 
note) is amended by striking ``taxes during the period beginning 
November 1, 2003, and ending November 1, 2007:'' and inserting 
``taxes:''.

SEC. 1014. STATUS OF E-911 IMPLEMENTATION AND COORDINATION OFFICE.

    Within 90 days after the date of enactment of this Act, the 
Assistant Secretary of the National Telecommunications and Information 
Administration (NTIA) and the Administrator of the National Highway 
Traffic Safety Administration (NHTSA) shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the House of Representatives on 
the progress of the E-911 Implementation and Coordination Office and 
plans of the Office to meet the requirements of the Office established 
in Public Law 108-494.

SEC. 1015. FEDERAL COMMUNICATIONS COMMISSION TELEMEDICINE REPORT.

    The Commission shall conduct a study and report to Congress within 
180 days after the date of enactment of this Act of the following:
            (1) Speed of a broadband connection necessary to run low, 
        medium, and high capacity telemedicine applications.
            (2) Precise statistics of availability of broadband 
        connections capable of running telemedicine applications in any 
        given service area (zip code plus four digit area).
            (3) Number of providers in any given service area (zip code 
        plus four digit area) offering broadband connections capable of 
        running telemedicine applications.
            (4) Average monthly price per megabit of download and 
        upload speeds for broadband connections capable of running 
        telemedicine applications in any given service area (zip code 
        plus four digit area).

SEC. 1016. FEDERAL INFORMATION AND COMMUNICATIONS TECHNOLOGY RESEARCH.

    (a) Advanced Information and Communications Technology Research.--
            (1) National science foundation information and 
        communications technology research.--The Director of the 
        National Science Foundation shall establish a program of basic 
        research in advanced information and communications 
        technologies focused on enhancing or facilitating the 
        availability and affordability of advanced communications 
        services to all Americans. In developing and carrying out the 
        program, the Director shall consult with the Board established 
        under paragraph (2).
            (2) Federal advanced information and communications 
        technology research board.--There is established within the 
        National Science Foundation a Federal Advanced Information and 
        Communications Technology Board which shall advise the Director 
        of the National Science Foundation in carrying out the program 
        authorized by paragraph (1). The Board Shall be composed of 
        individuals with expertise in information and communications 
        technologies, including representatives from the National 
        Telecommunications and Information Administration, the Federal 
        Communications Commission, the National Institute of Standards 
        and Technology, and the Department of Defense.
            (3) Grant program.--The Director, in consultation with the 
        Board, shall award grants for basic research into advanced 
        information and communications technologies that will 
        contribute to enhancing or facilitating the availability and 
        affordability of advanced communications services to all 
        Americans. Areas of research to be supported through these 
        grants include--
                    (A) affordable broadband access, including wireless 
                technologies;
                    (B) network security and reliability;
                    (C) communications interoperability;
                    (D) networking protocols and architectures, 
                including resilience to outages or attacks;
                    (E) trusted software;
                    (F) privacy;
                    (G) nanoelectronics for communications 
                applications;
                    (H) low-power communications electronics; and
                    (I) such other related areas as the Director, in 
                consultation with the Board, finds appropriate.
            (4) Centers.--The Director shall award multiyear grants, 
        subject to the availability of appropriations, to institutions 
        of higher education (as defined in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)), nonprofit research 
        institutions, or consortia thereof to establish 
        multidisciplinary Centers for Communications Research. The 
        purpose of the Centers shall be to generate innovative 
        approaches to problems in communications and information 
        technology research, including the research areas described in 
        paragraph (3). Institutions of higher education nonprofit 
        research, institutions, or consortia receiving such grants may 
        partner with 1 or more government laboratories or for-profit 
        institutions, or other institutions of higher education or 
        nonprofit research institutions.
            (5) Applications.--The Director, in consultation with the 
        Board, shall establish criteria for the award of grants under 
        paragraphs (3) and (4). Grants shall be awarded under the 
        program on a merit-reviewed competitive basis. The Director 
        shall give priority to grants that offer the potential for 
        revolutionary rather than evolutionary breakthroughs.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation to carry 
        out this subsection--
                    (A) $40,000,000 for fiscal year 2007;
                    (B) $45,000,000 for fiscal year 2008;
                    (C) $50,000,000 for fiscal year 2009;
                    (D) $55,000,000 for fiscal year 2010; and
                    (E) $60,000,000 for fiscal year 2011.
    (b) Spectrum-Sharing Innovation Testbed.--
            (1) Spectrum-sharing plan.--Within 1 year after the date of 
        enactment of this Act, the Federal Communications Commission 
        and the Assistant Secretary of Commerce for Communications and 
        Information, in coordination with other Federal agencies, 
        shall--
                    (A) develop a plan to increase sharing of spectrum 
                between Federal and non-Federal government users; and
                    (B) establish a pilot program for implementation of 
                the plan.
            (2) Technical specifications.--The Commission and the 
        Assistant Secretary--
                    (A) shall each identify a segment of spectrum of 
                equal bandwidth within their respective jurisdiction 
                for the pilot program that is approximately 10 
                megaHertz in width for assignment on a shared basis to 
                Federal and non-Federal government use; and
                    (B) may take the spectrum for the pilot program 
                from bands currently allocated on either an exclusive 
                or shared basis.
            (3) Report.--The Commission and the Assistant Secretary 
        shall transmit a report to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Energy and Commerce 2 years after the inception of 
        the pilot program describing the results of the program and 
        suggesting appropriate procedures for expanding the program as 
        appropriate.
    (c) National Institute of Standards and Technology 
Responsibilities.--The Director of the National Institute of Standards 
and Technology shall continue to support research and support standards 
development in advanced information and communications technologies 
focused on enhancing or facilitating the availability and affordability 
of advanced communications services to all Americans, in order to 
implement the Institute's responsibilities under section 2(c)(12) of 
the National Institute of Standards and Technology Act (15 U.S.C. 
272(c)(12)). The Director shall support intramural research and 
cooperative research with institutions of higher education (as defined 
in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
1001(a)) and industry.

SEC. 1017. FORBEARANCE.

    Section 10(c) (47 U.S.C. 160(c)) is amended--
            (1) by striking ``deemed granted'' and inserting ``voted on 
        by the Commission''; and
            (2) by inserting ``by majority vote'' after ``part'' in the 
        last sentence.

SEC. 1018. DEADLINE FOR CERTAIN COMMISSION PROCEEDINGS.

    The Federal Communications Commission shall complete its 
proceedings on special access rates (FCC Docket Nos. 05-25 and 01-321) 
not later than 270 days after the date of enactment of this Act.

                  TITLE XI--LOCAL COMMUNITY RADIO ACT

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Local Community Radio Act of 
2006''.

SEC. 1102. REPEAL OF PRIOR LAW.

    Section 632 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 
106-553; 114 Stat. 2762A-111), is repealed.

SEC. 1103. MINIMUM DISTANCE SEPARATION REQUIREMENTS.

    The Federal Communications Commission shall modify its rules to 
eliminate third-adjacent minimum distance separation requirements 
between--
            (1) low-power FM stations; and
            (2) full-service FM stations, FM translator stations, and 
        FM booster stations.

SEC. 1104. PROTECTION OF RADIO READING SERVICES.

    The Federal Communications Commission shall retain its rules that 
provide third-adjacent channel protection for full-power non-commercial 
FM stations that broadcast radio reading services via a subcarrier 
frequency from potential low-power FM station interference.

SEC. 1105. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.

    The Federal Communications Commission when licensing FM translator 
stations shall ensure--
            (1) that licenses are available to both FM translator 
        stations and low-power FM stations; and
            (2) that such decisions are made based on the needs of the 
        local community.

SEC. 1106. FEDERAL COMMUNICATIONS COMMISSION RULES.

    The Federal Communications Commission shall retain its rules that 
provide third-adjacent channel protection for full-power FM stations 
that are licensed in significantly populated States with more than 
3,000,000 housing units and a population density greater than 1,000 
people per square mile land area.

                  TITLE XII--CELL PHONE TAX MORATORIUM

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Cell Phone Tax Moratorium Act of 
2006''.

SEC. 1202. MORATORIUM.

    (a) In General.--No State or political subdivision thereof shall 
impose a new discriminatory tax on or with respect to mobile services, 
mobile services providers, or mobile services property, during the 3-
year period beginning on the date of enactment of this Act.
    (b) Definitions.--In this title:
            (1) Mobile service.--The term ``mobile service'' means 
        commercial mobile radio service, as such term is defined in 
        section 20.3 of title 47, Code of Federal Regulations, as in 
        effect on June 22, 2006, or any other service that is primarily 
        intended for receipt on or use with a mobile telephone.
            (2) Mobile service provider.--The term ``mobile service 
        provider'' means any entity that markets, sells, or provides 
        mobile services.
            (3) Mobile service property.--The term ``mobile services 
        property'' means any equipment used in the transmission, 
        reception, coordination, or switching of mobile services.
            (4) New discriminatory tax.--
                    (A) In general.--The term ``new discriminatory 
                tax'' means any tax imposed by a State or political 
                subdivision thereof that--
                            (i) is imposed on or with respect to--
                                    (I) any mobile service and is not 
                                generally imposed, or is generally 
                                imposed at a lower rate, on or with 
                                respect to other services or on or with 
                                respect to transactions involving 
                                property or goods;
                                    (II) any mobile service provider 
                                and is not generally imposed, or is 
                                generally imposed at a lower rate, on 
                                other persons that provide services 
                                other than mobile services; or
                                    (III) any mobile service property 
                                and is not generally imposed, or is 
                                generally imposed at a lower rate, on 
                                or with respect to other commercial or 
                                industrial property that is devoted to 
                                a commercial or industrial use and 
                                subject to a property tax levy;
                            (ii) was not generally imposed and actually 
                        enforced prior to the date of enactment of this 
                        Act.
                    (B) Rule of construction.--For purposes of 
                subparagraph (A), all exemptions, deductions, credits, 
                incentives, exclusions, and other similar factors shall 
                be taken into account in determining whether a tax is a 
                ``new discriminatory tax''.
            (5) Tax.--
                    (A) In general.--The term ``tax'' means any charge 
                imposed by any governmental entity for the purpose of 
                generating revenues for governmental purposes, and is 
                not a fee imposed for a specific privilege, service, or 
                benefit conferred.
                    (B) Exclusion.--The term ``tax'' does not include 
                any fee or charge--
                            (i) used to preserve and advance Federal 
                        universal service or similar State programs 
                        authorized by section 254 of the Communications 
                        Act of 1934 (47 U.S.C. 254); or
                            (ii) specifically dedicated by a State or 
                        political subdivision thereof for the support 
                        of E-911 communications systems.

                     TITLE XII--TRUTH IN CALLER ID

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``Truth in Caller ID Act of 2006''.

SEC. 1302. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION 
              INFORMATION.

    Section 227 (47 U.S.C. 227) is amended--
            (1) by redesignating subsections (e), (f), and (g) as 
        subsections (f), (g), and (h), respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Prohibition on Provision of Inaccurate Caller Identification 
Information.--
            ``(1) In general.--It shall be unlawful for any person 
        within the United States, in connection with any 
        telecommunications service or IP-enabled voice service, to 
        cause any caller identification service to transmit misleading 
        or inaccurate caller identification information, unless such 
        transmission is exempted pursuant to paragraph (3)(B).
            ``(2) Protection for blocking caller identification 
        information.--Nothing in this subsection may be construed to 
        prevent or restrict any person from blocking the capability of 
        any caller identification service to transmit caller 
        identification information.
            ``(3) Regulations.--
                    ``(A) In general.--Not later than 6 months after 
                the enactment of the Truth in Caller ID Act of 2006, 
                the Commission shall prescribe regulations to implement 
                this subsection.
                    ``(B) Content of regulations.--
                            ``(i) In general.--The regulations required 
                        under subparagraph (A) shall include such 
                        exemptions from the prohibition under paragraph 
                        (1) as the Commission determines appropriate.
                            ``(ii) Specific exemption for law 
                        enforcement agencies, national security 
                        activities, or court orders.--The regulations 
                        required under subparagraph (A) shall exempt 
                        from the prohibition under paragraph (1) 
                        transmissions in connection with--
                                    ``(I) any authorized law 
                                enforcement or national security 
                                activity of an agency of the United 
                                States, a State, or a political 
                                subdivision of a State; or
                                    ``(II) a court order that 
                                specifically authorizes the use of 
                                caller identification manipulation.
            ``(4) Report.--Not later than 6 months after the enactment 
        of the Truth in Caller ID Act of 2006, the Commission shall 
        report to Congress whether additional legislation is necessary 
        to prohibit the provision of inaccurate caller identification 
        information in technologies that are successor or replacement 
        technologies to telecommunications service or IP-enabled voice 
        service.
            ``(5) Penalties.--
                    ``(A) Civil forfeiture.--
                            ``(i) In general.--Any person that is 
                        determined by the Commission, in accordance 
                        with paragraphs (3) and (4) of section 503(b), 
                        to have violated this subsection shall be 
                        liable to the United States for a forfeiture 
                        penalty. A forfeiture penalty under this 
                        paragraph shall be in addition to any other 
                        penalty provided for by this Act. The amount of 
                        the forfeiture penalty determined under this 
                        paragraph shall not exceed $10,000 for each 
                        violation, or 3 times that amount for each day 
                        of a continuing violation, except that the 
                        amount assessed for any continuing violation 
                        shall not exceed a total of $1,000,000 for any 
                        single act or failure to act.
                            ``(ii) Recovery.--Any forfeiture penalty 
                        determined under clause (i) shall be 
                        recoverable pursuant to section 504(a).
                            ``(iii) Procedure.--No forfeiture liability 
                        shall be determined under clause (i) against 
                        any person unless such person receives the 
                        notice required by section 503(b)(3) or section 
                        503(b)(4).
                            ``(iv) 2-year statute of limitations.--No 
                        forfeiture penalty shall be determined or 
                        imposed against any person under clause (i) if 
                        the violation charged occurred more than 2 
                        years prior to the date of issuance of the 
                        required notice or notice or apparent 
                        liability.
                    ``(B) Criminal fine.--Any person who willfully and 
                knowingly violates this subsection shall upon 
                conviction thereof be fined not more than $10,000 for 
                each violation, or 3 times that amount for each day of 
                a continuing violation, in lieu of the fine provided by 
                section 501 for such a violation. This subparagraph 
                does not supersede the provisions of section 501 
                relating to imprisonment or the imposition of a penalty 
                of both fine and imprisonment.
            ``(6) Enforcement by states.--
                    ``(A) In general.--The chief legal officer of a 
                State, or any other State officer authorized by law to 
                bring actions on behalf of the residents of a State, 
                may bring a civil action, as parens patriae, on behalf 
                of the residents of that State in an appropriate 
                district court of the United States to enforce this 
                subsection or to impose the civil penalties for 
                violation of this subsection, whenever the chief legal 
                officer or other State officer has reason to believe 
                that the interests of the residents of the State have 
                been or are being threatened or adversely affected by a 
                violation of this subsection or a regulation under this 
                subsection.
                    ``(B) Notice.--The chief legal officer or other 
                State officer shall serve written notice on the 
                Commission of any civil action under subparagraph (A) 
                prior to initiating such civil action. The notice shall 
                include a copy of the complaint to be filed to initiate 
                such civil action, except that if it is not feasible 
                for the State to provide such prior notice, the State 
                shall provide such notice immediately upon instituting 
                such civil action.
                    ``(C) Authority to intervene.--Upon receiving the 
                notice required by subparagraph (B), the Commission may 
                intervene in such civil action and upon intervening--
                            ``(i) be heard on all matters arising in 
                        such civil action; and
                            ``(ii) file petitions for appeal of a 
                        decision in such civil action.
                    ``(D) Construction.--For purposes of bringing any 
                civil action under subparagraph (A), nothing in this 
                paragraph shall prevent the chief legal officer or 
                other State officer from exercising the powers 
                conferred on that officer by the laws of such State to 
                conduct investigations or to administer oaths or 
                affirmations or to compel the attendance of witnesses 
                or the production of documentary and other evidence.
                    ``(E) Venue; service of process.--
                            ``(i) Venue.--An action brought under 
                        subparagraph (A) shall be brought in a district 
                        court of the United States that meets 
                        applicable requirements relating to venue under 
                        section 1391 of title 28, United States Code.
                            ``(ii) Service of process.--In an action 
                        brought under subparagraph (A)--
                                    ``(I) process may be served without 
                                regard to the territorial limits of the 
                                district or of the State in which the 
                                action is instituted; and
                                    ``(II) a person who participated in 
                                an alleged violation that is being 
                                litigated in the civil action may be 
                                joined in the civil action without 
                                regard to the residence of the person.
                    ``(F) Limitation on state action while federal 
                action is pending.--If the Commission has instituted an 
                enforcement action or proceeding for violation of this 
                subsection, the chief legal officer or other State 
                officer of the State in which the violation occurred 
                may not bring an action under this section during the 
                pendency of the proceeding against any person with 
                respect to whom the Commission has instituted the 
                proceeding.
            ``(7) Definitions.--For purposes of this subsection:
                    ``(A) Caller identification information.--The term 
                `caller identification information' means information 
                provided by a caller identification service regarding 
                the telephone number of, or other information regarding 
                the origination of, a call made using a 
                telecommunications service or IP-enabled voice service.
                    ``(B) Caller identification service.--The term 
                `caller identification service' means any service or 
                device designed to provide the user of the service or 
                device with the telephone number of, or other 
                information regarding the origination of, a call made 
                using a telecommunications service or IP-enabled voice 
                service. Such term includes automatic number 
                identification services.
                    ``(C) IP-enabled voice service.--The term `IP-
                enabled voice service' means the provision of real-time 
                2-way voice communications offered to the public, or 
                such classes of users as to be effectively available to 
                the public, transmitted through customer premises 
                equipment using Internet protocol, or a successor 
                protocol, for a fee (whether part of a bundle of 
                services or separately) with interconnection capability 
                such that the service can originate traffic to, or 
                terminate traffic from, the public switched telephone 
                network.
            ``(8) Limitation.--Notwithstanding any other provision of 
        this section, subsection (f) shall not apply to this subsection 
        or to the regulations under this subsection.''.

            TITLE XIV--RURAL WIRELESS AND BROADBAND SERVICE

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Rural Wireless and Broadband 
Service Act of 2006''.

SEC. 1402. SMALL GEOGRAPHIC LICENSING AREAS.

    Section 309(j)(4)(C) (47 U.S.C. 309(j)(4)(C)) is amended--
            (1) by striking ``service, prescribe'' and inserting the 
        following: ``service--
                            ``(i) prescribe'';
            (2) by striking ``(i) an'' and inserting ``(I) an'';
            (3) by striking ``(ii)'' and inserting ``(II)'';
            (4) by striking ``(iii)'' and inserting ``(III)'';
            (5) by striking ``services;'' and inserting ``services; 
        and''; and
            (6) by adding at the end the following:
                            ``(ii) consider the use of licensing 
                        spectrum in smaller geographic areas in order 
                        to encourage wireless deployment and build-out 
                        in rural and underserved areas of licensing 
                        spectrum in smaller geographic areas;''.

SEC. 1403. REPORT ON THE IMPACT OF SECONDARY MARKET TRANSACTIONS.

    Section 309(j) (47 U.S.C. 309(j)) is amended by adding at the end 
the following:
            ``(17) Report on the impact of secondary market 
        transactions.--Not later than 2 years after the date of 
        enactment of the Rural Wireless and Broadband Service Act of 
        2006, and every 2 years thereafter until the database developed 
        under paragraph (18) is available to the public, the Commission 
        shall submit a report to Congress analyzing and evaluating the 
        impact of the Commission's--
                    ``(A) spectrum leasing; and
                    ``(B) spectrum partitioning and disaggregation 
                rules in facilitating, through the development of 
                secondary markets, the deployment of spectrum-based 
                services to the public, particularly to those members 
                of the public residing in rural and underserved areas.
            ``(18) Publicly accessible integrated data base.--The 
        Commission, in coordination with the Assistant Secretary of 
        Commerce for Communications and Information, shall develop an 
        integrated national database, accessible by the public, that 
        identifies by name, address, and contact information for each 
        licensee, the spectrum assigned to each such licensee, and the 
        geographic area to which the spectrum is assigned or licensed. 
        The database may not provide public access to information 
        protected from public disclosure under chapter 5 of title 5, 
        United States Code, or the disclosure of which would compromise 
        national security.''.

SEC. 1404. RADIO SPECTRUM REVIEW.

    Part I of title III (47 U.S.C. 301 et seq.), as amended by sections 
453 and 602 of this Act, is further amended by adding at the end the 
following:

``SEC. 344. RADIO SPECTRUM REVIEW.

    ``(a) In General.--Not later than 5 years after the date of 
enactment of the Rural Wireless and Broadband Service Act of 2006, and 
every 5 years thereafter, the Federal Communications Commission and the 
National Telecommunications and Information Administration shall--
            ``(1) conduct a band-by-band analysis of the spectrum 
        managed by each such agency; and
            ``(2) report to the Congress any such bands identified, in 
        the determination of each such agency, as not being utilized in 
        an effective or efficient manner.
    ``(b) Agency Authority.--
            ``(1) Collection of information.--In conducting the 
        analysis required under subsection (a)(1), the Federal 
        Communications Commission and the National Telecommunications 
        and Information Administration may require licensees and other 
        spectrum users to provide information regarding spectrum usage.
            ``(2) Exemption from paperwork reduction act.--The 
        collection of any information required under paragraph (1) 
        shall be exempt from the provisions of the Paperwork Reduction 
        Act (44 U.S.C. 3501 et seq.).''.

SEC. 1405. 700 MHZ LICENSE AREAS.

    The Federal Communications Commission shall, within 180 days after 
the date of enactment of this Act, initiate a rulemaking to reconfigure 
the band plans for the upper 700 megaHertz band (currently designated 
Auction 31) and for the unauctioned portions of the lower 700 megaHertz 
band (currently designated as Channel Blocks A, B, and E) so as to 
designate up to 6 megaHertz of recovered analog spectrum (as defined in 
section 309(j)(15)(C)(vi) of the Communications Act of 1934 (47 U.S.C. 
309(j)(15)(C)(vi))) for small geographic license areas, taking into 
consideration--
            (1) the January 28, 2008, commencement date for the auction 
        of recovered analog spectrum as required by section 3003 of 
        Public Law 109-171 (47 U.S.C. 309 note); and
            (2) the desire to promote infrastructure build-out and 
        service to rural and insular areas and the competitive 
        benefits, unique characteristics, and special needs of regional 
        and smaller wireless carriers.

SEC. 1406. NO INTERFERENCE WITH DTV TRANSITION.

    The Commission shall not undertake any reconfiguration of the band 
plans described in section 1605 if that reconfiguration is determined 
to be likely to delay the auction of recovered spectrum or the 
terminations of analog licenses required by section 3002(b) of Public 
Law 109-171 (47 U.S.C. 309 note) to occur by February 18, 2009.

SEC. 1407. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
on the expiration of the date which is 90 days after the date of 
enactment of this Act.
                                                       Calendar No. 652

109th CONGRESS

  2d Session

                               H. R. 5252

                          [Report No. 109-355]

_______________________________________________________________________

                                 AN ACT

     To promote the deployment of broadband networks and services.

_______________________________________________________________________

                           September 29, 2006

                       Reported with an amendment
```