sult in an undue burden or adverse competitive
impact.
‘‘(C) UNDUE BURDEN.—The term ‘undue
burden’ means significant difficulty or expense.
In determining whether the activity necessary
to comply with the requirements of this para-
graph would result in an undue burden, the fac-
tors to be considered include:
‘‘(i) The nature and cost of the activ-
ity.
‘‘(ii) The impact on the operation of
the facility involved in the deployment of
the network service.
‘‘(iii) The financial resources of the
local exchange carrier.
‘‘(iv) The type of operations of the
local exchange carrier.
‘‘(D) ADVERSE COMPETITIVE IMPACT.—In
determining whether the activity necessary to
comply with the requirements of this paragraph
would result in adverse competitive impact, the
following factors shall be considered:
‘‘(i) whether such activity would raise
the cost of the network service in question
beyond the level at which there would be
sufficient consumer demand by the general
population to make the network service
profitable; and
‘‘(ii) whether such activity would, with
respect to the network service in question,
put the local exchange carrier at a com-
petitive disadvantage. This factor may be
considered so long as competing network
service providers are not held to the same
obligation with respect to access by per-
sons with disabilities.
‘‘(E) EFFECTIVE DATE.—The regulations
required by this paragraph shall become effec-
tive 18 months after the date of enactment of
this subsection.
‘‘(5) QUALITY
RULES.—(A) The Commission
shall designate or otherwise establish network reli-
ability and quality performance measures or bench-
marks for common carriers for the purpose of ensur-
ing the continued maintenance and evolution of com-
mon carrier facilities and service. Not later than 180
days after the date of enactment of this subsection,
the Commission shall initiate a rulemaking proceed-
ing to establish performance measures or bench-
marks for maintaining common carrier network
quality.
‘‘(B) Such rules and regulations shall include—
‘‘(i) quantitative network reliability and
service quality performance measures or bench-
marks;
‘‘(ii) procedures to monitor and evaluate
common carrier efforts to increase network reli-
ability and service quality; and
‘‘(iii) procedures to resolve network reli-
ability and service quality complaints.
‘‘(C) Throughout the process of developing net-
work reliability and service quality performance
measures or benchmarks, as required by subpara-
graph (A), the Commission shall coordinate and con-
sult with service and equipment providers and users
and State regulatory bodies to ensure their concerns
and interests are given full consideration in such
process.
‘‘(6) RURAL
EXEMPTION.—The Commission
may modify, or grant exemptions from, the require-
ments of this subsection in the case of a common
carrier providing telecommunications services in a
rural area.’’.
(b) CONFORMING AMENDMENT.—Section 2(b) of the
Communications Act of 1934 (47 U.S.C.152(b)) is amend-
ed by inserting ‘‘201(c) and (d),’’ after ‘‘Except as pro-
vided in sections’’.
SEC. 103. DISCRIMINATORY INTERCONNECTION.
Section 208 of the Communications Act of 1934 is
amended by adding at the end thereof the following new
subsection:
‘‘(c) EXPEDITED
REVIEW
OF
CERTAIN
COM-
PLAINTS.—The Commission shall issue a final order with
respect to any complaint arising from alleged violations
of the rules and orders prescribed pursuant to section
201(c) within 180 days after such complaint is filed.’’.
SEC. 104. EXPEDITED LICENSING OF NEW TECHNOLOGIES
AND SERVICES.
Section 7 of the Communications Act of 1934 (47
U.S.C. 157) is amended by adding at the end thereof the
following new subsection:
‘‘(c) LICENSING OF NEW TECHNOLOGIES.—
‘‘(1) EXPEDITED
RULEMAKING.—Within 24
months after making a determination under sub-
section (b) that a technology or service related to the
furnishing of telecommunications services is in the
public interest, the Commission shall, with respect to
any such service requiring a license or other author-
ization from the Commission, adopt and make effec-
tive rules for—
‘‘(A) the provision of such technology or
service; and
‘‘(B) the filing of applications for the li-
censes or authorizations necessary to offer such
technology or service to the public, and shall act
on any such application within 24 months after
it is filed.
‘‘(2) REVIEW OF APPLICATIONS.—Any applica-
tion filed by a carrier under this subsection for the
construction or extension of a line shall also be sub-
ject to section 214 and to any necessary approval by
the appropriate State commissions.’’.
SEC. 105. NEW OR EXTENDED LINES.
Section 214 of the Communications Act of 1934 is
amended by adding at the end the following new sub-
section:
‘‘(e) Any application filed under this section by a pro-
vider of telephone exchange service for authority to con-
struct or extend a line shall address the means by which
such construction or extension will meet the network ac-
cess needs of individuals with disabilities.’’.
TITLE II—COMMUNICATIONS
COMPETITIVENESS
SEC. 201. CABLE SERVICE PROVIDED BY TELEPHONE COM-
PANIES.
(a) GENERAL REQUIREMENT.—
(1) AMENDMENT.—Section 613(b) of the Com-
munications Act of 1934 (47 U.S.C. 533(b)) is
amended to read as follows:
‘‘(b)(1) Subject to the requirements of part V and
the other provisions of this title, any common carrier sub-
ject in whole or in part to title II of this Act may, either
through its own facilities or through an affiliate owned
by, operated by, controlled by, or under common control
with the common carrier, provide video programming di-
rectly to subscribers in its telephone service area.
‘‘(2) Subject to the requirements of part V and the
other provisions of this title, any common carrier subject
in whole or in part to title II of this Act may provide chan-
nels of communications or pole, line, or conduit space, or
other rental arrangements, to any entity which is directly
or indirectly owned by, operated by, controlled by, or
under common control with such common carrier, if such
facilities or arrangements are to be used for, or in connec-
tion with, the provision of video programming directly to
subscribers in its telephone service area.’’.