I
107TH CONGRESS
2D SESSION
H. R. 4012
To amend the Communications Act of 1934 to foster the deployment of
wireless telecommunications services to consumers in rural areas.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2002
Mrs. CUBIN introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To amend the Communications Act of 1934 to foster the
deployment of wireless telecommunications services to
consumers in rural areas.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE
This Act may be cited as the ‘‘Rural Wireless Tele-
communications Consumer Enhancement Act of 2002’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) The Telecommunications Act of 1996 was
enacted to foster the deployment of telecommuni-
cations and information technologies to all Ameri-
place conditions allowing them to accelerate deploy-
ment of wireless services and competitive initiatives
to benefit businesses and residents in rural areas.
(b) PURPOSES.—The purposes of this Act are—
(1) to accelerate deployment of wireless tele-
communications and the development of competition
in the telecommunications industry in all regions of
the Nation, consistent with the Telecommunications
Act of 1996, by reducing regulatory burdens on
small rural wireless carriers located in and serving
rural communities;
(2) to improve such carriers’ abilities to offer
new competitive initiatives; and
(3) to allow such carriers to redirect resources
from paying the costs of such regulatory burdens to
increasing investment in such initiatives.
SEC. 3. DEFINITIONS.
Section 3 of the Communications Act of 1934 (47
U.S.C. 153) is amended—
(1) by redesignating paragraphs (40) through
(52) as paragraphs (41) through (53), respectively;
and
(2) by inserting after paragraph (39) the fol-
lowing new paragraph:
‘‘(40) SMALL
RURAL
WIRELESS
CARRIERS.—
The term ‘small rural wireless carriers’ means any
wireless company (together with all affiliates) whose
wireless subscribers are fewer than 1 percent of the
Nation’s wireless subscribers in the aggregate na-
tionwide.’’.
SEC. 4. REDUCED REGULATORY BURDENS ON SMALL
RURAL WIRELESS CARRIERS.
Section 332(c) of the Communications Act of 1934
(47 U.S.C. 332(c)) is amended by adding at the end the
following new paragraph:
‘‘(9) SMALL RURAL WIRELESS CARRIERS.—
‘‘(A) COMMISSION TO TAKE INTO ACCOUNT
DIFFERENCES.—In adopting rules that apply to
small rural wireless carriers (as defined in this
Act) the Commission shall separately evaluate
the burden that any proposed regulatory, com-
pliance, or reporting requirements would have
on small rural wireless carriers.
‘‘(B) EFFECT OF COMMISSION’S FAILURE
TO TAKE INTO ACCOUNT DIFFERENCES.—If the
Commission adopts a rule that applies to small
rural wireless carriers and fails to separately
evaluate the burden that any proposed regu-
latory, compliance, or reporting requirement
would have on small rural wireless carriers, the
Commission shall not enforce the rule against
small rural wireless carriers until the Commis-
sion performs such separate evaluation.
‘‘(C) IF
COMMISSION
DETERMINES
THE
RULES
ARE
BURDENSOME.—If its evaluation
determines that any proposed regulatory, com-
pliance, or reporting requirement would create
a financial burden on small rural wireless car-
riers by imposing additional costs that require
small rural wireless carriers to divert resources
from improving existing and advanced services,
making infrastructure investments, and other
competitive initiatives for the benefit of busi-
nesses and residents in rural areas, the Com-
mission shall forbear from imposing such re-
quirement on small rural wireless carriers un-
less it determines such forbearance is not in the
public interest.
‘‘(D) IF
FORBEARANCE
IS
NOT
IN
THE
PUBLIC INTEREST.—If the Commission deter-
mines that such forbearance is not in the public
interest, the Commission shall state its reasons
for such determination, develop an alternative
schedule that provides additional time for small
rural wireless carriers to comply with such re-
quirements, and report such actions to the Con-
gress 30 days prior to finalizing the regulatory,
compliance, or reporting requirements.
‘‘(E) 
ADDITIONAL
REVIEW
NOT
RE-
QUIRED.—The Commission is not required to
conduct a separate evaluation under subpara-
graph (A) if the rules adopted do not apply to
small rural wireless carriers.’’.
SEC. 5. TIME LIMITS FOR ACTION ON PETITIONS FOR RE-
CONSIDERATION OR WAIVER.
Section 405 of the Communications Act of 1934 (47
U.S.C. 405) is amended by adding at the end the following
new subsection:
‘‘(c) EXPEDITED ACTION REQUIRED.—Not later
than 90 days after receiving from a small rural wireless
carrier a petition for reconsideration or other review filed
under this section or a petition for waiver of a rule, policy,
or other Commission requirement, the Commission shall
issue an order granting or denying such petition. If the
Commission fails to act on a petition for waiver subject
to the requirements of this section within this 90-day pe-
riod, the relief sought in such petition shall be deemed
granted. If the Commission fails to act on a petition for
reconsideration or other review subject to the require-
ments of this section within such 90-day period, the Com-
mission’s enforcement of any rule the reconsideration or
other review of which was specifically sought by the peti-
tioning party shall be stayed with respect to that party.’’.
SEC. 6. ESTABLISHING OFFICE OF RURAL ADVOCACY IN
THE FEDERAL COMMUNICATIONS COMMIS-
SION.
Title I of the Communications Act of 1934 (47
U.S.C. 151 et seq.) is amended by adding at the end the
following new section:
‘‘SEC. 12. OFFICE OF RURAL ADVOCACY.
‘‘(a) ESTABLISHMENT.—There shall be in the Com-
mission an office to be known as the ‘Office of Rural Advo-
cacy’ (hereafter in this section referred to as the ‘Office’).
The Office shall not be a bureau of the Commission.
‘‘(b) HEAD OF OFFICE.—The Office shall be headed
by the Rural Advocate of the Federal Communications
Commission. The Rural Advocate shall be appointed by
the President, by and with the advice and consent of the
Senate, from among citizens of the United States. The
Rural Advocate shall have a status and rank in the Com-
mission commensurate with the status and rank in the
Commission of the heads of the bureaus of the Commis-
sion.
‘‘(c) RESPONSIBILITIES
OF OFFICE.—The respon-
sibilities of the Office are as follows:
‘‘(1) To promote access to wireless tele-
communications services for populations in the rural
United States.
‘‘(2) To assess the effectiveness of existing Fed-
eral programs for providers of wireless telecommuni-
cations services in rural areas and make rec-
ommendations to Congress for legislative actions to
improve such programs.
‘‘(3) To measure the costs and other effects of
Federal regulations on the capability of wireless tele-
communications carriers in rural areas to provide
telecommunications services in such areas and make
recommendations for legislative and non-legislative
actions to modify such regulations so as to minimize
the interference of such regulations with that capa-
bility.
‘‘(4) To represent the views and interests of
rural populations and providers of telecommuni-
cations services in rural areas before any department
or agency of the Federal Government whose policies
and activities affect the receipt or delivery of tele-
communications services in rural areas.
‘‘(5) To serve as a focal point for the receipt of
complaints, criticisms, and suggestions concerning
policies and activities of any department or agency
of the Federal Government which affect the delivery
of telecommunications services in rural areas.
‘‘(d) STAFF.—For purposes of carrying out the re-
sponsibilities of the Office, the Rural Advocate may em-
ploy personnel not to exceed 10 individuals with a rate
of pay not to exceed GS–15 of the General Schedule.
‘‘(e) ANNUAL REPORT.—The Rural Advocate shall
submit to the Congress, the President, and the Commis-
sion on an annual basis a report on the activities of the
Office under this section during the preceding year. The
report may include any recommendations for legislative or
other action that the Rural Advocate considers appro-
priate. Nothing in this section shall be construed to limit
the Rural Advocate from making other reports as deemed
appropriate by the Rural Advocate.
‘‘(f) LIMITED AUTHORITY.—Nothing in this section
should be interpreted to give the Rural Advocate any au-
thority to impose or to seek imposition from the Commis-
sion on small rural wireless carriers of any additional reg-
ulatory, compliance, or reporting requirements.’’.
SEC. 7. EFFECTIVE DATE.
This Act shall apply to all rulemaking that is pending
on or commenced after the date of enactment of this Act.
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