‘‘(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