‘‘(v) Level 2 gateway services as those
services are defined by the Commission’s Sec-
ond Report and Order, Recommendation to
Congress and Second Further Notice of Pro-
posed Rulemaking in CC Docket No. 87–266
dated August 14, 1992.
‘‘(vi) Data processing services that do not
involve the generation or alteration of the con-
tent of information.
‘‘(vii) Transaction processing systems that
do not involve the generation or alteration of
the content of information.
‘‘(viii) Electronic billing or advertising of a
Bell 
operating 
company’s 
regulated 
tele-
communications services.
‘‘(ix) Language translation.
‘‘(x) Conversion of data from one format
to another.
‘‘(xi) The provision of information nec-
essary for the management, control, or oper-
ation of a telephone company telecommuni-
cations system.
‘‘(xii) The provision of directory assistance
that provides names, addresses, and telephone
numbers and does not include advertising.
‘‘(xiii) Caller identification services.
‘‘(xiv) Repair and provisioning databases
for telephone company operations.
‘‘(xv) Credit card and billing validation for
telephone company operations.
‘‘(xvi) 911–E and other emergency assist-
ance databases.
‘‘(xvii) Any other network service of a type
that is like or similar to these network services
and that does not involve the generation or al-
teration of the content of information.
‘‘(xviii) Any upgrades to these network
services that do not involve the generation or
alteration of the content of information.
‘‘(C) The term ‘electronic publishing’ also shall
not include—
‘‘(i) full motion video entertainment on de-
mand; and
‘‘(ii) video programming as defined in sec-
tion 602 of the Communications Act of 1934.
‘‘(6) The term ‘electronic publishing joint ven-
ture’ means a joint venture owned by a Bell operat-
ing company or affiliate that engages in the provi-
sion of electronic publishing which is disseminated
by means of such Bell operating company’s or any
of its affiliates’ basic telephone service.
‘‘(7) The term ‘entity’ means any organization,
and includes corporations, partnerships, sole propri-
etorships, associations, and joint ventures.
‘‘(8) The term ‘inbound telemarketing’ means
the marketing of property, goods, or services by tele-
phone to a customer or potential customer who initi-
ated the call.
‘‘(9) The term ‘own’ with respect to an entity
means to have a direct or indirect equity interest (or
the equivalent thereof) of more than 10 percent of
an entity, or the right to more than 10 percent of
the gross revenues of an entity under a revenue
sharing or royalty agreement.
‘‘(10) The term ‘separated affiliate’ means a
corporation under common ownership or control with
a Bell operating company that does not own or con-
trol a Bell operating company and is not owned or
controlled by a Bell operating company and that en-
gages in the provision of electronic publishing which
is disseminated by means of such Bell operating
company’s or any of its affiliates’ basic telephone
service.
‘‘(11) The term ‘Bell operating company’ means
the corporations subject to the Modification of Final
Judgment and listed in Appendix A thereof, or any
entity owned or controlled by such corporation, or
any successor or assign of such corporation, but
does not include an electronic publishing joint ven-
ture owned by such corporation or entity.’’.
SEC. 204. PRIVACY OF CUSTOMER INFORMATION.
(a) PRIVACY OF CUSTOMER PROPRIETARY NETWORK
INFORMATION.—
(1) AMENDMENT.—Title II of the Communica-
tions Act of 1934 is amended by adding at the end
the following new section:
‘‘SEC. 232. PRIVACY OF CUSTOMER PROPRIETARY NET-
WORK INFORMATION.
‘‘(a) DUTY TO PROVIDE SUBSCRIBER LIST INFOR-
MATION.—Notwithstanding subsections (b), (c), and (d),
a carrier that provides subscriber list information to any
affiliated or unaffiliated service provider or person shall
provide subscriber list information on a timely and
unbundled basis, under nondiscriminatory and reasonable
rates, terms, and conditions, to any person upon request.
‘‘(b) PRIVACY REQUIREMENTS FOR COMMON CAR-
RIERS.—A carrier—
‘‘(1) shall not, except as required by law or with
the approval of the customer to which the informa-
tion relates—
‘‘(A) use customer proprietary network in-
formation in the provision of any service except
to the extent necessary (i) in the provision of
common carrier communications services, (ii) in
the provision of a service necessary to or used
in the provision of common carrier communica-
tions services, including the publishing of direc-
tories, or (iii) to continue to provide a particu-
lar information service that the carrier provided
as of March 15, 1994, to persons who were cus-
tomers of such service on that date;
‘‘(B) use customer proprietary network in-
formation in the identification or solicitation of
potential customers for any service other than
the service from which such information is de-
rived;
‘‘(C) use customer proprietary network in-
formation in the provision of customer premises
equipment; or
‘‘(D) disclose customer proprietary net-
work information to any person except to the
extent necessary to permit such person to pro-
vide services or products that are used in and
necessary to the provision by such carrier of the
services described in subparagraph (A);
‘‘(2) shall disclose customer proprietary net-
work information, upon affirmative written request
by the customer, to any person designated by the
customer;
‘‘(3) shall, whenever such carrier provides any
aggregate information, notify the Commission of the
availability of such aggregate information and shall
provide such aggregate information on reasonable
terms and conditions to any other service or equip-
ment provider upon reasonable request therefor; and
‘‘(4) except for disclosures permitted by para-
graph (1)(D), shall not unreasonably discriminate
between affiliated and unaffiliated service or equip-
ment providers in providing access to, or in the use
and disclosure of, individual and aggregate informa-
tion made available consistent with this subsection.
‘‘(c) RULE OF CONSTRUCTION.—This section shall
not be construed to prohibit the use or disclosure of cus-
tomer proprietary network information as necessary—
‘‘(1) to render, bill, and collect for the services
identified in subparagraph (A);
‘‘(2) to render, bill, and collect for any other
service that the customer has requested;
‘‘(3) to protect the rights or property of the
carrier;
‘‘(4) to protect users of any of those services
and other carriers from fraudulent, abusive, or un-
lawful use of or subscription to such service; or
‘‘(5) to provide any inbound telemarketing, re-
ferral, or administrative services to the customer for
the duration of the call if such call was initiated by
the customer and the customer approves of the use
of such information to provide such service.
‘‘(d) EXEMPTION
PERMITTED.—The Commission
may, by rule, exempt from the requirements of subsection
(b) carriers that have, together with any affiliated carriers,
in the aggregate nationwide, fewer than 500,000 access
lines installed if the Commission determines that such ex-
emption is in the public interest or if compliance with the
requirements would impose an undue economic burden on
the carrier.
‘‘(e) REGULATIONS.—The Commission shall pre-
scribe regulations to carry out this section within 1 year
after the date of its enactment.
‘‘(f) DEFINITION OF AGGREGATE INFORMATION.—
For purposes of this section, the term ‘aggregate informa-
tion’ means collective data that relates to a group or cat-
egory of services or customers, from which individual cus-
tomer identities and characteristics have been removed.’’.
(2) CONFORMING AMENDMENT.—Section 3 of
the Communications Act of 1934 (47 U.S.C. 153) is
amended by adding at the end the following:
‘‘(gg) ‘Customer proprietary network information’
means—
‘‘(1) information which relates to the quantity,
technical 
configuration, 
type, 
destination, 
and
amount of use of telephone exchange service or tele-
phone toll service subscribed to by any customer of
a carrier, and is made available to the carrier by the
customer solely by virtue of the carrier-customer re-
lationship;
‘‘(2) information contained in the bills pertain-
ing to telephone exchange service or telephone toll
service received by a customer of a carrier; and
‘‘(3) such other information concerning the cus-
tomer as is available to the local exchange carrier by
virtue of the customer’s use of the carrier’s tele-
phone exchange service or interexchange telephone
services, and specified as within the definition of
such term by such rules as the Commission shall
prescribe consistent with the public interest;
except that such term does not include subscriber list in-
formation.
‘‘(hh) ‘Subscriber list information’ means any infor-
mation—
‘‘(1) identifying the listed names of subscribers
of a carrier and such subscribers’ telephone num-
bers, addresses, or primary advertising classifica-
tions, or any combination of such listed names, num-
bers, addresses, or classifications; and
‘‘(2) that the carrier or an affiliate has pub-
lished or accepted for future publication.’’.
(b) IMPACT
OF
CONVERGING
COMMUNICATIONS
TECHNOLOGIES ON CONSUMER PRIVACY.—
(1) PROCEEDING REQUIRED.—Within one year
after the date of enactment of this Act, the Commis-
sion shall commence a proceeding—
(A) to examine the impact of the integra-
tion into interconnected communications net-
works of wireless telephone, cable, satellite, and
other technologies on the privacy rights and
remedies of the consumers of those tech-
nologies;
(B) to examine the impact that the
globalization of such integrated communications
networks has on the international dissemination
of consumer information and the privacy rights
and remedies to protect consumers;
(C) to propose changes in the Commis-
sion’s regulations to ensure that the effect on
consumer privacy rights is considered in the in-
troduction of new telecommunications services
and that the protection of such privacy rights
is incorporated as necessary in the design of
such services or the rules regulating such serv-
ices;
(D) to propose changes in the Commis-
sion’s regulations as necessary to correct any
defects identified pursuant to subparagraph (A)
in such rights and remedies; and
(E) to prepare recommendations to the
Congress for any legislative changes required to
correct such defects.
(2) SUBJECTS FOR EXAMINATION.—In conduct-
ing the examination required by paragraph (1), the
Commission shall determine whether consumers are
able, and, if not, the methods by which consumers
may be enabled—
(A) to have knowledge that consumer in-
formation is being collected about them through
their utilization of various communications
technologies;
(B) to have notice that such information
could be used, or is intended to be used, by the
entity collecting the data for reasons unrelated
to the original communications, or that such in-
formation could be sold (or is intended to be
sold) to other companies or entities; and
(C) to stop the reuse or sale of that infor-
mation.
(3) SCHEDULE FOR COMMISSION RESPONSES.—
The Commission shall, within 18 months after the
date of enactment of this Act—
(A) complete any rulemaking required to
revise Commission regulations to correct defects
in such regulations identified pursuant to para-
graph (1); and
(B) submit to the Congress a report con-
taining the recommendations required by para-
graph (1)(C).
SEC. 205. TELEMESSAGING SERVICES.
Title II of the Communications Act of 1934 (47
U.S.C. 201 et seq.) is amended by adding at the end there-
of the following new section:
‘‘SEC. 233. TELEMESSAGING SERVICES.
‘‘(a) NONDISCRIMINATION.—A common carrier en-
gaged in the provision of telemessaging services shall—
‘‘(1) provide nonaffiliated entities, upon reason-
able request, with the network services it provides to
its own telemessaging operations, on nondiscrim-
inatory terms and conditions; and
‘‘(2) not subsidize its telemessaging services
with revenues from telephone exchange service.
‘‘(b) 
EXPEDITED
CONSIDERATION
OF
COM-
PLAINTS.—The Commission shall establish procedures for
the receipt and review of complaints concerning violations
of subsection (a) or the regulations thereunder that result
in material financial harm to a provider of telemessaging
service. Such procedures shall ensure that the Commission
will make a final determination with respect to any such
complaint within 120 days after receipt of the complaint.
If the complaint contains an appropriate showing that the
alleged violation occurred, as determined by the Commis-
sion in accordance with such regulations, the Commission
shall, within 60 days after receipt of the complaint, order
the common carrier and its affiliates to cease engaging
in such violation pending such final determination.
‘‘(c) DEFINITIONS.—As used in this section, the term
‘telemessaging services’ means voice mail and voice stor-
age and retrieval services provided over telephone lines for
telemessaging customers and any live operator services
used to answer, record, transcribe, and relay messages
(other than telecommunications relay services) from in-
coming telephone calls on behalf of the telemessaging cus-
tomers (other than any service incidental to directory as-
sistance).’’.
SEC. 206. ENHANCED SERVICES SAFEGUARDS.
Within 60 days after the date of the enactment of
this Act, the Commission shall initiate a proceeding to re-
consider its decision in the Report and Order In the Mat-
ter of Computer III Remand Proceedings, CC Docket No.
90–623, released December 20, 1993, relieving the Bell
operating companies of the obligation to provide enhanced
services through fully separate affiliates. Within 180 days
after the date of the enactment of this Act, the Commis-
sion shall, to the extent it determines necessary or appro-
priate in the public interest, adopt regulations prescribing
the structural or nonstructural safeguards, or both, with
which local exchange carriers shall comply when providing
enhanced services.
TITLE 
III—TELECOMMUNI-
CATIONS 
INFRASTRUCTURE
AND COMPETITION
SEC. 301. POLICY; DEFINITIONS.
(a) POLICY.—Section 1 of the Communications Act
of 1934 (47 U.S.C. 151) is amended—
(1) by inserting ‘‘(a)’’ after ‘‘SECTION 1.’’; and
(2) by adding at the end thereof the following
new subsection:
‘‘(b) The purposes described in subsection (a), as
they relate to common carrier services, include—
‘‘(1) to preserve and enhance universal tele-
communications service at just and reasonable rates;
‘‘(2) to encourage the continued development
and deployment of advanced and reliable capabilities
and services in telecommunications networks;
‘‘(3) to make available, so far as possible, to all
the people of the United States, regardless of loca-
tion or disability, a switched, broadband tele-
communications network capable of enabling users
to originate and receive affordable high quality voice,
data, graphics, and video telecommunications serv-
ices;
‘‘(4) to ensure that the costs of such networks
and services are allocated equitably among users and
are constrained by competition whenever possible;
‘‘(5) to ensure a seamless and open nationwide
telecommunications network through joint planning,
coordination, and service arrangements between and
among carriers; and
‘‘(6) to ensure that common carriers’ networks
function at a high standard of quality in delivering
advances in network capabilities and services.’’.
(b) DEFINITIONS.—Section 3 of such Act (47 U.S.C.
153) is amended—
(1) in subsection (r)—
(A) by inserting ‘‘(A)’’ after ‘‘means’’; and
(B) by inserting before the period at the
end the following: ‘‘, or (B) service provided
through a system of switches, transmission
equipment, or other facilities (or combination
thereof) by which a subscriber can originate
and terminate a telecommunications service
within a State but which does not result in the
subscriber incurring a telephone toll charge’’;
and
(2) by adding at the end thereof the following:
‘‘(ii) ‘Information service’ means the offering of a ca-
pability for generating, acquiring, storing, transforming,
processing, retrieving, utilizing, or making available infor-
mation via telecommunications, and includes electronic
publishing, but does not include any use of any such capa-
bility for the management, control, or operation of a tele-
communications system or the management of a tele-
communications service.
‘‘(jj) ‘Equal access’ means to afford, to any person
seeking to provide an information service or a tele-
communications service, reasonable and nondiscriminatory
access on an unbundled basis—
‘‘(1) to databases, signaling systems, poles,
ducts, conduits, and rights-of-way owned or con-
trolled by a local exchange carrier, or other facilities,
functions, or information (including subscriber num-
bers) integral to the efficient transmission, routing,
or other provision of telephone exchange services or
telephone exchange access services;
‘‘(2) that is at least equal in type, quality, and
price to the access which the carrier affords to itself
or to any other person; and
‘‘(3) that is sufficient to ensure the full inter-
operability of the equipment and facilities of the car-
rier and of the person seeking such access.
‘‘(kk) ‘Open platform service’ means a switched, end-
to-end digital telecommunications service that is subject
to title II of this Act, and that (1) provides subscribers
with sufficient network capability to access multimedia in-
formation services, (2) is widely available throughout a
State, (3) is provided based on industry standards, and
(4) is available to all subscribers on a single line basis
upon reasonable request.
‘‘(ll) ‘Local exchange carrier’ means any person that
is engaged in the provision of telephone exchange service
or telephone exchange access service. Such term does not
include a person insofar as such person is engaged in the
provision of a commercial mobile service under section
332(c), except to the extent that the Commission finds
that such service as provided by such person in a State
is a replacement for a substantial portion of the wireline
telephone exchange service within such State.
‘‘(mm) ‘Telephone exchange access service’ means the
offering of telephone exchange services or facilities for the
purpose of the origination or termination of interexchange
telecommunications services to or from an exchange area.
‘‘(nn) ‘Telecommunications’ means the transmission,
between or among points specified by the subscriber, of
information of the subscriber’s choosing, without change
in the form or content of the information as sent and re-
100
ceived, by means of an electromagnetic transmission me-
dium, including all instrumentalities, facilities, apparatus,
and services (including the collection, storage, forwarding,
switching, and delivery of such information) essential to
such transmission.
‘‘(oo) ‘Telecommunications service’ means the offer-
ing, on a common carrier basis, of telecommunications fa-
cilities, or of telecommunications by means of such facili-
ties. Such term does not include an information service.’’.
SEC. 302. EQUAL ACCESS AND NETWORK FUNCTIONALITY
AND QUALITY.
(a) AMENDMENT.—Section 201 of the Communica-
tions Act of 1934 (47 U.S.C. 201) is amended by adding
at the end thereof the following new subsections:
‘‘(c) EQUAL ACCESS.—
‘‘(1) OPENNESS
AND
ACCESSIBILITY
OBLIGA-
TIONS.—
‘‘(A) COMMON
CARRIER
OBLIGATIONS.—
The duty of a common carrier under subsection
(a) to furnish communications service includes
the duty to interconnect with the facilities and
equipment of other providers of telecommuni-
cations services and information services in ac-
cordance with such regulations as the Commis-
sion may prescribe as necessary or desirable in
101
the public interest with respect to the openness
and accessibility of common carrier networks.
‘‘(B) ADDITIONAL OBLIGATIONS OF LOCAL
EXCHANGE
CARRIERS.—The duty under sub-
section (a) of a local exchange carrier includes
the duty—
‘‘(i) to provide, in accordance with the
regulations prescribed under paragraph
(2), equal access to and interconnection
with the facilities of the carrier’s networks
to any other carrier or person providing
telecommunications services or information
services reasonably requesting such equal
access and interconnection, so that such
networks are fully interoperable with such
telecommunications services and informa-
tion services; and
‘‘(ii) to offer unbundled features,
functions, and capabilities whenever tech-
nically feasible and economically reason-
able, in accordance with requirements pre-
scribed by the Commission pursuant to
this subsection and other laws.
‘‘(2) EQUAL
ACCESS
AND
INTERCONNECTION
REGULATIONS.—
102
‘‘(A) REGULATIONS REQUIRED.—Within 1
year after the date of enactment of this sub-
section, the Commission shall establish regula-
tions that require reasonable and nondiscrim-
inatory equal access to and interconnection with
the facilities of a local exchange carrier’s net-
work at any technically feasible and economi-
cally reasonable point within the carrier’s net-
work on reasonable terms and conditions, to
any other carrier or person offering tele-
communications services requesting such access.
The Commission shall establish such regula-
tions after consultation with the Joint Board
established pursuant to subparagraph (D).
Such regulations shall provide for actual col-
location of equipment necessary for interconnec-
tion for telecommunications services at the
premises of a local exchange carrier, except that
the regulations shall provide for virtual colloca-
tion where the local exchange carrier dem-
onstrates that actual collocation is not practical
for technical reasons or because of space limita-
tions.
‘‘(B) 
COMPENSATION.—Within 
year
after the date of enactment of this subsection,
103
the Commission shall establish regulations re-
quiring just and reasonable compensation to the
exchange carrier providing such equal access
and interconnection pursuant to subparagraph
(A). Such regulations shall include regulations
to require the carrier, to the extent it provides
a telecommunications service or an information
service, to impute such access and interconnec-
tion charges to itself as the Commission deter-
mines are reasonable and nondiscriminatory.
‘‘(C) EXEMPTIONS AND MODIFICATIONS.—
Notwithstanding paragraph (1) or subpara-
graph (A) of this paragraph, a rural telephone
company shall not be required to provide equal
access and interconnection to another local ex-
change carrier. The Commission shall not apply
the requirements of this paragraph or impose
requirements pursuant to paragraph (1)(B)(ii)
to any rural telephone company, except to the
extent that the Commission determines that
compliance with such requirements would not
be unduly economically burdensome, unfairly
competitive, technologically infeasible, or other-
wise not in the public interest. The Commission
may modify the requirements of this paragraph
104
for any other local exchange carrier that has, in
the aggregate nationwide, fewer than 500,000
access lines installed, to the extent that the
Commission determines that compliance with
such requirements (without such modification)
would be unduly economically burdensome,
technologically infeasible, or otherwise not in
the public interest. The Commission may in-
clude, in the regulations prescribed pursuant to
paragraph (1)(B), modified requirements for
any feature, function, or capability that the
Commission determines is generally available to
competing 
providers 
of 
telecommunications
services or information services at the same or
better price, terms, and conditions.
‘‘(D) JOINT BOARD ON EQUAL ACCESS AND
INTERCONNECTION
STANDARDS.—Within 
days after the date of enactment of this sub-
section, the Commission shall convene a Fed-
eral-State Joint Board under section 410(c) for
the purpose of preparing a recommended deci-
sion for the Commission with respect to the
equal access and interconnection regulations re-
quired by this paragraph.
105
‘‘(E) ENFORCEMENT OF EXISTING REGU-
LATIONS.—Nothing in this section shall be con-
strued to prohibit the Commission from enforc-
ing regulations prescribed prior to the date of
enactment of this subsection in fulfilling the re-
quirements of this subsection, to the extent that
such regulations are consistent with the provi-
sions of this subsection.
‘‘(F) DEFINITION OF RURAL TELEPHONE
COMPANY.—For the purpose of subparagraph
(C) of this paragraph, the term ‘rural telephone
company’ means a local exchange carrier oper-
ating entity to the extent that such entity—
‘‘(i) provides common carrier service
to any local exchange carrier study area
that does not include either—
‘‘(I) any incorporated place of
10,000 inhabitants or more, or any
part thereof, based on the most recent
available population statistics of the
Bureau of the Census; or
‘‘(II) any territory, incorporated
or unincorporated, included in an ur-
banized area, as defined by the Bu-
106
reau of the Census as of August 10,
1993;
‘‘(ii) provides telephone exchange serv-
ice, including telephone exchange access
service, to fewer than 50,000 access lines;
or
‘‘(iii) provides telephone exchange
service to any local exchange carrier study
area with fewer than 100,000 access lines.
‘‘(3) PREEMPTION.—
‘‘(A) LIMITATION.—Notwithstanding sec-
tion 2(b), no State or local government may,
after one year after the date of enactment of
this subsection—
‘‘(i) effectively prohibit any person or
carrier from providing any interstate or
intrastate telecommunications service or
information service, or impose any restric-
tion or condition on entry into the business
of providing any such service;
‘‘(ii) prohibit any carrier or other per-
son providing interstate or intrastate tele-
communications services or information
services from exercising the access and
107
interconnection rights provided under this
subsection; or
‘‘(iii) impose any limitation on the ex-
ercise of such rights.
‘‘(B) PERMITTED
TERMS
AND
CONDI-
TIONS.—Subparagraph (A) shall not be con-
strued to prohibit a State from imposing a term
or condition on providers of telecommunications
services or information services if such term or
condition does not effectively prohibit any per-
son or carrier from providing any interstate or
intrastate telecommunications service or infor-
mation service and is necessary and appropriate
to—
‘‘(i) protect public safety and welfare;
‘‘(ii) ensure the continued quality of
intrastate telecommunications;
‘‘(iii) ensure that rates for intrastate
telecommunications services are just and
reasonable; or
‘‘(iv) ensure that the provider’s busi-
ness 
practices 
are 
consistent 
with
consumer protection laws and regulations.
‘‘(C) NORMAL
CONSTRUCTION
PERMITS
PERMITTED.—Subparagraph (A) shall not be