I
103D CONGRESS
2D SESSION
H. R. 3636
To promote a national communications infrastructure to encourage deploy-
ment of advanced communications services through competition, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 22, 1993
Mr. MARKEY (for himself, Mr. FIELDS of Texas, Mr. BOUCHER, Mr. OXLEY,
Mr. HALL of Texas, Mr. MOORHEAD, Mr. BRYANT, Mr. BARTON of
Texas, Mr. LEHMAN, Mr. HASTERT, Mr. RICHARDSON, Mr. GILLMOR,
and Ms. SCHENK) introduced the following bill; which was referred to the
Committee on Energy and Commerce
FEBRUARY 10, 1994
Additional sponsors: Mr. MOAKLEY, Mr. STUDDS, Mr. FRANK of Massachu-
setts, Mr. LEVY, Mr. MEEHAN, Mr. OLVER, Mr. FRANKS of Connecticut,
Mr. MACHTLEY, Mr. BLUTE, and Mr. MCHUGH
A BILL
To promote a national communications infrastructure to en-
courage deployment of advanced communications services
through competition, and for other purposes.
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 ‘‘National Communica-
tions Competition and Information Infrastructure Act of
1993’’.
TITLE 
I—TELECOMMUNI-
CATIONS 
INFRASTRUCTURE
AND COMPETITION
SEC. 101. 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 affordable rates;
‘‘(2) to encourage the continued development
and deployment of advanced and reliable capabilities
and services in telecommunications networks;
‘‘(3) to ensure that the costs of such networks
and services are allocated equitably among users and
are constrained by competition whenever possible;
‘‘(4) to ensure a seamless and open nationwide
telecommunications network through joint planning,
coordination, and service arrangements between and
among carriers; and
‘‘(5) 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 by adding at the end thereof the follow-
ing new subsections:
‘‘(hh) ‘Information service’ means the offering of a
capability 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.
‘‘(ii) ‘Equal access’ means to afford, to any person
seeking to provide an information service or a competing
telecommunications service, reasonable and nondiscrim-
inatory access—
‘‘(1) to databases, signaling systems, poles,
ducts, conduits, and rights-of-way owned or con-
trolled by a local exchange carrier, or other facilities
or information (including customer numbers) inte-
gral to the transmission, routing, or other provision
of telephone exchange services;
‘‘(2) that is at least equal in type and quality
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.
‘‘(jj) ‘Open platform service’ means a switched, end-
to-end digital telecommunications service, subject to title
II of this Act, which (1) provides subscribers with suffi-
cient network capability to access multimedia information
services, (2) is widely available throughout each State, (3)
is provided based on accepted standards, and (4) is avail-
able to all customers on a single line basis upon reasonable
request.
‘‘(kk) ‘Local exchange carrier’ means any person that
is engaged in the provision of telephone exchange service
or telephone exchange access service.
‘‘(ll) ‘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.
‘‘(mm) ‘Telecommunications’ means the trans-
mission, between or among points specified by the cus-
tomer, of information of the customer’s choosing, without
change in the form or content of the information as sent
and received, by means of an electromagnetic transmission
medium, including all instrumentalities, facilities, appara-
tus, and services (including the collection, storage, for-
warding, switching, and delivery of such information) es-
sential to such transmission.
‘‘(nn) ‘Telecommunications service’ means the offer-
ing, on a common carrier or other basis, of telecommuni-
cations facilities, or of telecommunications by means of
such facilities. Such term does not include an information
service.’’.
SEC. 102. 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 furnish that service in accordance
with such regulations with respect to the open-
just and reasonable compensation to the ex-
change carrier providing such interconnection
and equal access pursuant to subparagraph (A).
‘‘(C) EXEMPTIONS AND MODIFICATIONS.—
Notwithstanding any other provision of this
subsection, a local exchange carrier in a rural
area shall not be required to provide equal ac-
cess and interconnection to another local ex-
change carrier. The Commission may modify
the requirements of this paragraph for any local
exchange carrier that has, in the aggregate na-
tionwide, fewer than 500,000 subscriber lines
installed, to the extent that the Commission de-
termines that compliance with such require-
ments would be unduly economically burden-
some, technologically infeasible, or otherwise
not in the public interest.
‘‘(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.
‘‘(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 section in fulfilling the re-
quirements of this subsection to the extent that
such regulations are consistent with the provi-
sions of this subsection.
‘‘(3) STATE
PREEMPTION.—Notwithstanding
section 2(b), no State or local government may, after
one year after the date of enactment of this sub-
section—
‘‘(A) effectively prohibit any provider of
any telecommunication services from providing
that or any other such service, or impose any
restrictions on entry into the business of provid-
ing any such service that is inconsistent with
this subsection or any other provision of this
Act, or any regulation thereunder;
‘‘(B) prohibit any carrier or other person
providing telecommunications services from ex-
ercising the access and interconnection rights
provided under this subsection; or
‘‘(C) impose any limitation on the exercise
of such rights that is inconsistent with this sub-
section or the regulations prescribed under this
subsection.
‘‘(4) TARIFFS.—
‘‘(A) GENERALLY.—A local exchange car-
rier shall, within 18 months after the date of
enactment of this subsection, prepare and file
tariffs in accordance with this Act with respect
to the services or elements offered to comply
with the equal access and interconnection regu-
lations required under this subsection. The
costs that a carrier incurs in providing such
services or elements of exchange services shall
be borne solely by the users of the features and
functions comprising such services or which
uses or includes such service element. The Com-
mission shall review such tariffs to ensure
that—
‘‘(i) the charges for such services or
elements of exchange services are cost-
based; and
‘‘(ii) the terms and conditions con-
tained in such tariffs do not bundle to-
gether any separable elements, features, or
functions.
‘‘(B) SUPPORTING INFORMATION.—A local
exchange carrier shall submit supporting infor-
mation with its tariffs for equal access and
interconnection that is sufficient to enable the
Commission and the public to determine the re-
lationship between the proposed charges and
the costs of providing such services or elements
of exchange services. The submission of such
information shall be pursuant to rules adopted
by the Commission to ensure that similarly sit-
uated carriers provide such information in a
uniform fashion.
‘‘(5) PRICING
FLEXIBILITY.—(A) Within 270
days after the date of enactment of this subsection,
the Commission, by regulation, shall establish cri-
teria for determining—
‘‘(i) whether a telecommunications service
or provider of such service has become, or is
reasonably certain imminently to become, sub-
ject to competition, either within a geographic
area or within a class or category of service;
‘‘(ii) whether such competition will effec-
tively prevent rates for such service that are un-
just or unreasonable or that are unjustly or un-
reasonably discriminatory; and
‘‘(iii) appropriate flexible pricing proce-
dures that can be used in lieu of the filing of
tariff schedules, or in lieu of other pricing pro-
cedures established by the Commission, and
that are consistent with the public interest, con-
venience, and necessity.
‘‘(B) The Commission, with respect to rates for
interstate or foreign communications, and State
commissions, with respect to rates for intrastate
communications, shall, upon application—
‘‘(i) render determinations in accordance
with the criteria established under clauses (i)
and (ii) of subparagraph (A) concerning the
services or providers that are the subject of
such application; and
‘‘(ii) upon a proper showing, establish an
appropriate flexible pricing procedure consistent
with the criteria established under clause (iii) of
such subparagraph.
The Commission shall approve or reject any such ap-
plication within 180 days after its submission.
‘‘(6) JOINT BOARD TO PRESERVE UNIVERSAL
SERVICE.—
‘‘(A) 
ESTABLISHMENT; 
FUNCTIONS.—
Within 30 days after the date of enactment of
this subsection, the Commission shall convene a
Federal-State Joint Board under section 410(c)
for the purpose of recommending actions to the
Commission and State commissions for the
preservation of universal service. As a part of
preparing such recommendations, the Joint
Board shall survey providers of telephone ex-
change service and consult with State commis-
sions in order to determine the pecuniary dif-
ference between the cost of providing universal
service and the prices determined to be appro-
priate for such service. In making such rec-
ommendations, the Joint Board shall base poli-
cies for the preservation of universal service on
the following principles:
‘‘(i) A plan adopted by the Commis-
sion and the States should ensure the con-
tinued viability of universal service by
maintaining quality services at affordable
prices.
‘‘(ii) Such plan should define the na-
ture and extent of the services encom-
passed within carriers’ universal service ob-
sistent with regulations prescribed by the Com-
mission to implement such recommendations.
‘‘(7) RESALE.—The resale or sharing of tele-
phone exchange service (or unbundled elements of
such service) in conjunction with the furnishing of a
telecommunications service or any information serv-
ice shall not be prohibited nor subject to unreason-
able conditions by the carrier, the Commission, or
any State.
‘‘(8) REVIEW
OF
STANDARDS
AND
REQUIRE-
MENTS.—At least once every three years, the Com-
mission shall—
‘‘(A) conduct a proceeding in which inter-
ested parties shall have an opportunity to com-
ment on whether the standards and require-
ments established by or under this subsection
have opened the networks of carriers to reason-
able and nondiscriminatory access by providers
of telecommunications services and information
services;
‘‘(B) review the definition of universal
service and evaluate the extent to which univer-
sal service has been protected and access to ad-
vanced services has been facilitated pursuant to
this subsection and the plans and regulations
thereunder; and
‘‘(C) submit to the Congress a report con-
taining a statement of the Commission’s find-
ings pursuant to such proceeding, and including
an identification of any defects or delays ob-
served in attaining the objectives of this sub-
section and a plan for correcting such defects
and delays.
‘‘(9) STUDY OF RURAL PHONE SERVICE.—No
later than 1 year after the date of enactment of this
subsection, the Commission shall initiate an inquiry
to examine the effects of competition in the provision
of telephone exchange access and telephone exchange
service on the availability and rates for telephone ex-
change access and telephone exchange service fur-
nished by rural exchange carriers.
‘‘(d) NETWORK FUNCTIONALITY AND QUALITY.—
‘‘(1) FUNCTIONALITY AND RELIABILITY OBLI-
GATIONS.—The duty of a common carrier under
subsection (a) to furnish communications service in-
cludes the duty to furnish that service in accordance
with such regulations of functionality and reliability
as the Commission may prescribe as necessary or de-
sirable in the public interest pursuant to this sub-
section.
‘‘(2) COORDINATED PLANNING FOR INTEROPER-
ABILITY AND OTHER PURPOSES.—The Commission
shall establish—
‘‘(A) procedures for the conduct of coordi-
nated network planning by common carriers
and other providers of telecommunications or
information services, subject to Commission su-
pervision, for the effective and efficient inter-
connection and interoperability of public and
private networks; and
‘‘(B) procedures for the development, sub-
ject to Commission supervision, of—
‘‘(i) standards for the interconnection
and interoperability of such networks;
‘‘(ii) standards for the design of such
networks that promote access to network
capabilities and services by individuals with
disabilities; and
‘‘(iii) standards to ensure that the de-
sign of such networks does not impede ac-
cess to information services by subscribers
to telephone exchange service furnished by
a rural exchange carrier.
‘‘(3) OPEN PLATFORM SERVICE.—
‘‘(A) STUDY.—No later than 90 days after
the enactment of this subsection, the Commis-
sion shall initiate an inquiry to consider the
rules and policies necessary to make open plat-
form service available to all subscribers at rea-
sonable rates based on the reasonably identifi-
able costs of providing such services, utilizing
existing facilities to the maximum extent fea-
sible and economically practicable. The inquiry
required under this paragraph shall be com-
pleted within 120 days after initiation.
‘‘(B) REGULATIONS.—On the basis of the
results of the inquiry required under subpara-
graph (A), the Commission shall prescribe and
make effective such regulations as are necessary
to implement the inquiry’s conclusions. Such
regulations may require a local exchange carrier
to file, in the appropriate jurisdiction, tariffs
for the origination and termination of open
platform service as soon as such service is eco-
nomically and technically feasible. In establish-
ing any such regulations, the Commission shall
take into account the proximate and long-term
deployment plans of local exchange carriers,
and may establish a procedure to delay for a
reasonable period of time any requirement of
open platform service if a petition from a local
exchange carrier demonstrates that compliance
with such requirement would significantly delay
the deployment of a more advanced technology.
Any such regulations shall provide for the allo-
cation of all costs of facilities jointly used to
provide open platform service and telephone ex-
change service. Nothing in this subsection shall
be construed to limit a State’s authority to con-
tinue to regulate any services subject to State
jurisdiction under this Act.
‘‘(C) 
CONTINUING
OVERSIGHT.—Com-
mencing not later than 2 years after the date
of enactment of this subsection, the Commis-
sion shall conduct an inquiry on the progress of
open platform service deployment. The Commis-
sion shall submit a report to the Congress on
the results of such inquiry within 90 days after
the commencement of such inquiry and annu-
ally thereafter for the succeeding 5 years.
‘‘(4) ACCESSIBILITY REGULATIONS.—
‘‘(A) 
REGULATIONS.—The 
Commission
shall, within 1 year after enactment of this sec-
tion, prescribe such regulations as are necessary
to ensure that advances in network services de-
ployed by local exchange carriers shall be acces-
sible and usable by individuals with disabilities,
including individuals with functional limitations
of hearing, vision, movement, manipulation,
speech and interpretation of information, unless
the cost of making the services accessible and
usable would result in an undue burden or ad-
verse competitive impact. Such regulations shall
seek to permit the use of both standard and
special equipment, and seek to minimize the
need of individuals to acquire additional devices
beyond those used by the general public to ob-
tain such access.
‘‘(B) COMPATIBILITY.—Such regulations
shall require that whenever an undue burden or
adverse competitive impact would result from
the requirements in subparagraph (A), the local
exchange carrier that deploys the network serv-
ice shall ensure that the network service in
question is compatible with existing peripheral
devices or specialized customer premises equip-
ment commonly used by persons with disabil-
ities to achieve access, unless doing so would re-