datamatters24/research-document-archive huggingface dataset:
‘‘(i) the entirety of a franchise area in 
which a cable operator is, on the date of 
the filing of such certification, authorized 
to provide cable service under section 621 
or any other law (including this section); 
or 
‘‘(ii) a geographic area that covers the 
entirety of the jurisdiction of a unit of gen-
eral local government, except that— 
‘‘(I) if the geographic area over-
laps with a franchise area in which a 
cable operator is, on such date, au-
thorized to provide cable service under 
section 621 or any other law, the geo-
graphic area identified in the certifi-
cation under this clause as a franchise 
area shall not include the overlapping 
area; and 
‘‘(II) if such geographic area in-
cludes areas that are, respectively, 
within
the
jurisdiction
of
different 
franchising
authorities,
the
certifi-
cation shall specify each such area as 
a separate franchise area; 
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‘‘(G) a declaration that such person or 
group transmitted, or will transmit on the day 
of filing such declaration, a copy of such certifi-
cation to the franchising authority for each 
franchise area for which such person or group 
is filing a certification for authority to offer 
cable service under this section; 
‘‘(H) a declaration by the person or group 
that the person or group will comply with the 
rights-of-way requirements of the franchising 
authority in accordance with subsection (f); and 
‘‘(I) a declaration by the person or group 
that— 
‘‘(i) the person or group will comply 
with all Commission consumer protection 
and customer service rules under section 
632(b) (including the rules adopted under 
section 632(b) pursuant to subsection (g) 
of this section); and 
‘‘(ii) the person or group agrees that 
such standards may be enforced by the 
Commission or by the franchising author-
ity in accordance with subsection (g) of 
this section. 
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106TH CONGRESS
2D SESSION
H. R. 4519
AN ACT
To amend the Public Buildings Act of 1959 con-
cerning the safety and security of children en-
rolled in childcare facilities located in public
buildings under the control of the General Serv-
ices Administration, to provide for reform of the
Federal Protective Service, and for other pur-
poses.
the Commission shall rescind such order 
and dismiss such petition. 
‘‘(iii) A cable operator whose national 
franchise is terminated for such franchise 
area under this subparagraph may obtain 
new authority to provide cable service in 
such franchise area under this section, sec-
tion 621, or any other law, if and when eli-
gible. 
‘‘(c) REQUIREMENTS OF NATIONAL FRANCHISE.—A 
national franchise shall contain the following require-
ments: 
‘‘(1) FRANCHISE FEE.—A cable operator au-
thorized under this section to provide cable service 
in a franchise area shall pay to the franchising au-
thority in such franchise area a franchise fee of up 
to 5 percent (as determined by the franchising au-
thority) of such cable operator’s gross revenues from 
the provision of cable service under this section in 
such franchise area. Such payment shall be assessed 
and collected in a manner consistent with section 
622 and the definitions of gross revenues and fran-
chise fee in this section. 
‘‘(2) PEG/I-NET REQUIREMENTS.—A cable op-
erator authorized under this section to provide cable 
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service in a franchise area shall comply with the re-
quirements of subsection (e). 
‘‘(3) RIGHTS-OF-WAY.—A cable operator au-
thorized under this section to provide cable service 
in a franchise area shall comply with the rights-of- 
way requirements of the franchising authority under 
subsection (f). 
‘‘(4) CONSUMER PROTECTION AND CUSTOMER 
SERVICE STANDARDS.—A cable operator authorized 
under this section to provide cable service in a fran-
chise area shall comply with the consumer protection 
and customer service standards established by the 
Commission under section 632(b). 
‘‘(5) CHILD PORNOGRAPHY.—A cable operator 
authorized under this section to provide cable service 
in a franchise area shall comply with the regulations 
on child pornography promulgated pursuant to sub-
section (i). 
‘‘(d) ELIGIBILITY
FOR NATIONAL FRANCHISES.— 
The following persons or groups are eligible to obtain a 
national franchise under this section: 
‘‘(1) COMMENCEMENT OF SERVICE AFTER EN-
ACTMENT.—A person or group that is not providing 
cable service in a franchise area on the date of en-
actment of this section under section 621 or any 
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other law may obtain a national franchise under this 
section to provide cable service in such franchise 
area. 
‘‘(2) EXISTING
PROVIDERS
OF
CABLE
SERV-
ICE.—A person or group that is providing cable 
service in a franchise area on the date of enactment 
of this section under section 621 or any other law 
may obtain a franchise under this section to provide 
cable service in such franchise area if, on the date 
that the national franchise becomes effective, an-
other person or group is providing cable service 
under this section, section 621, or any other law in 
such franchise area. 
‘‘(e) PUBLIC, EDUCATIONAL, AND GOVERNMENTAL 
USE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), a 
cable operator with a national franchise for a fran-
chise area under this section shall provide channel 
capacity for public, educational, and governmental 
use that is not less than the channel capacity re-
quired of the cable operator with the most sub-
scribers in such franchise area on the effective date 
of such national franchise. If there is no other cable 
operator in such franchise area on the effective date 
of such national franchise, or there is no other cable 
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106TH CONGRESS
2D SESSION
H. R. 4519
AN ACT
To amend the Public Buildings Act of 1959 concerning the
safety and security of children enrolled in childcare facili-
ties located in public buildings under the control of the
General Services Administration, to provide for reform
of the Federal Protective Service, and for other purposes.
‘‘(4) PART
B
TOTALIZATION
ACCOUNT.—The 
term ‘part B totalization account’ means an account 
established for a participant under section 252(d). 
‘‘(5) TIER
I
INVESTMENT
FUND.—The term 
‘Tier I Investment Fund’ means the trust fund cre-
ated under section 253. 
‘‘(6) TIER II INVESTMENT FUND.—The term 
‘Tier II Investment Fund’ means the trust fund cre-
ated under section 254. 
‘‘(7) TIER
III
INVESTMENT
ACCOUNT.—The 
term ‘Tier III investment account’ means a trust es-
tablished pursuant to section 255. 
‘‘SEC. 252. INDIVIDUAL INVESTMENT OF SOCIAL SECURITY 
CONTRIBUTIONS; PART B TOTALIZATION AC-
COUNTS. 
‘‘(a) PAYMENTS INTO TIER I INVESTMENT FUND.—
‘‘(1) IN GENERAL.—During each calendar year, 
the Secretary of the Treasury shall deposit into the 
Tier I Investment Fund (established under section 
253), from amounts held in the Federal Old-Age and 
Survivors Insurance Trust Fund, a total amount 
equal, in the aggregate, to 100 percent of the redi-
rected social security contribution for such calendar 
year of each individual who is a participant for such 
calendar year.
operator in such franchise area on such date that is 
required to provide channel capacity for public, edu-
cational, and governmental use, the cable operator 
shall provide the amount of channel capacity for 
such use as determined by Commission rule. 
‘‘(2) PEG AND I–NET FINANCIAL SUPPORT.—A 
cable operator with a national franchise under this 
section for a franchise area shall pay an amount 
equal to 1 percent of the cable operator’s gross reve-
nues (as such term is defined in this section) in the 
franchise area to the franchising authority for the 
support of public, educational, and governmental use 
and institutional networks (as such term is defined 
in section 611(f)). Such payment shall be assessed 
and collected in a manner consistent with section 
622, including the authority of the cable operator to 
designate that portion of a subscriber’s bill attrib-
utable to such payment. A cable operator that pro-
vided cable service in a franchise area on the date 
of enactment of this section and that obtains a na-
tional franchise under this section shall continue to 
provide any institutional network that it was re-
quired to provide on the day before its national fran-
chise became effective in such franchise area under 
section 621 or any other law. Notwithstanding sec-
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106TH CONGRESS
2D SESSION
H. R. 4521
AN ACT
To direct the Secretary of the Interior to authorize
and provide funding for rehabilitation of the
Going-to-the-Sun Road in Glacier National Park,
to authorize funds for maintenance of utilities re-
lated to the Park, and for other purposes.
tion 621(b)(3)(D), a franchising authority may not 
require a cable operator franchised under this sec-
tion to construct a new institutional network. 
‘‘(3) ADJUSTMENT.—Every 10 years after the 
commencement of a franchise under this section for 
a franchise area, a franchising authority may require 
a cable operator authorized under such franchise to 
increase the channel capacity designated for public, 
educational, or governmental use, and the channel 
capacity designated for such use on any institutional 
networks required under paragraph (2). Such in-
crease shall not exceed the higher of— 
‘‘(A) one channel; or 
‘‘(B) 10 percent of the public, educational, 
or governmental channel capacity required of 
that operator prior to the increase. 
‘‘(4) TRANSMISSION AND PRODUCTION OF PRO-
GRAMMING.— 
‘‘(A) A cable operator franchised under 
this section shall ensure that any public, edu-
cational, or governmental programming carried 
by the cable operator under this section within 
a franchise area is available to all of its sub-
scribers in such franchise area. 
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‘‘(B) The production of any programming 
provided under this subsection shall be the re-
sponsibility of the franchising authority. 
‘‘(C) A cable operator franchised under 
this section shall be responsible for the trans-
mission from the signal origination point (or 
points) of the programming, or from the point 
of interconnection with another cable operator 
under subparagraph (D), to the cable operator’s 
subscribers, of any public, educational, or gov-
ernmental programming produced by or for the 
franchising authority and carried by the cable 
operator pursuant to this section. 
‘‘(D) Unless two cable operators otherwise 
agree to the terms for interconnection and cost 
sharing, such cable operators shall, if at least 
one of the operators is providing cable service 
in the franchise area pursuant to a franchise 
under this section, comply with regulations pre-
scribed by the Commission providing for— 
‘‘(i) the interconnection between two 
cable operators in a franchise area for 
transmission of public, educational, or gov-
ernmental programming, without material 
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under by any telecommunications carrier or any 
agent of such a carrier.’’; and 
(3) in subsection (g), by striking ‘‘subsection 
(i)(3)(A)’’ and inserting ‘‘subsection (j)(3)(A)’’. 
SEC. 204. DEFINITIONS. 
Subsection (j) of section 222 of the Communications 
Act of 1934 (47 U.S.C. 222(j)), as redesignated by section 
203(1) of this Act, is amended by adding at the end the 
following new paragraphs: 
‘‘(8) 
DETAILED
CUSTOMER
TELEPHONE 
RECORD.—The term ‘detailed customer telephone 
record’ means customer proprietary network infor-
mation that contains the specific and detailed des-
tinations, locations, duration, time, and date of tele-
communications to or from a customer, as typically 
contained in the bills for such service. Such term 
does not mean aggregate data or subscriber list in-
formation. 
‘‘(9) WIRELESS
TELEPHONE
NUMBER.—The 
term ‘wireless telephone number’ means the tele-
phone number of a subscriber to a commercial mo-
bile service.’’. 
Æ 
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‘‘(2) REDIRECTED SOCIAL SECURITY CONTRIBU-
TIONS.—For purposes of paragraph (1) the term ‘re-
directed social security contributions’ of a partici-
pant for a calendar year means the product derived 
by multiplying—
‘‘(A) the sum of the total wages paid to, 
and self-employment income derived by, the 
participant during such calendar year (taking 
into account limits imposed by the contribution 
and benefit base under section 230), by 
‘‘(B) 6.2 percent. 
‘‘(3) TRANSFERS BASED ON ESTIMATES.—The 
amounts deposited pursuant to paragraph (1) shall 
be transferred in at least monthly payments from 
the Federal Old-Age and Survivors Insurance Trust 
Fund to the Tier I Investment Fund, such amounts 
to be determined on the basis of estimates, by the 
Commissioner of Social Security and certified to the 
Secretary of the Treasury under part A, of the 
wages paid to, and self-employment income derived 
by, participants, and proper adjustments shall be 
made in amounts subsequently transferred to the ex-
tent prior estimates were in excess of or were less 
than actual amounts.
‘‘(ii) file a complaint with the Com-
mission regarding such an alleged viola-
tion. 
‘‘(C) TIMING.—The Commission or the 
franchising authority conducting a proceeding 
under this paragraph shall render a decision on 
any complaint filed under this paragraph within 
90 days of its filing. 
‘‘(5) LOCAL FRANCHISING ORDERS.— 
‘‘(A) REQUIRING COMPLIANCE.—In a pro-
ceeding commenced by a franchising authority, 
a franchising authority may issue an order re-
quiring compliance with the Commission’s re-
vised consumer protection rules, but a fran-
chising
authority
may
not
create
any
new 
standard or regulation, or expand upon or mod-
ify the Commission’s revised consumer protec-
tion rules. 
‘‘(B) ACCESS
TO
RECORDS.—In such a 
proceeding, the franchising authority may issue 
an order requiring the filing of any data, docu-
ments,
or
records
(including
any
contract, 
agreement, or arrangement between the sub-
scriber and the cable operator) that are directly 
related to the alleged violation. 
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‘‘(C) COST
OF
FRANCHISING
AUTHORITY 
ORDERS.—A franchising authority may charge 
a cable operator franchised under this section a 
nominal fee to cover the costs of issuing orders 
under this paragraph. 
‘‘(6) COMMISSION REMEDIES; APPEALS.— 
‘‘(A) REMEDIES.—An order of a fran-
chising authority under this subsection shall be 
enforced by the Commission under this Act if— 
‘‘(i) the order is not appealed to the 
Commission; 
‘‘(ii) the Commission does not agree 
to grant review during the 30-day period 
described in subparagraph (B); or 
‘‘(iii) the order is sustained on appeal 
by the Commission. 
‘‘(B) APPEALS.—Any party may file a no-
tice of appeal of an order of a franchising au-
thority under this subsection with the Commis-
sion, and shall transmit a copy of such notice 
to the other parties to the franchising authority 
proceeding. Such appeal shall be deemed denied 
at the end of the 30-day period beginning on 
the date of the filing unless the Commission 
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‘‘(ii) the number and type of notifica-
tions received under paragraph (1)(A)(ii) 
and the methodology, including the basis 
for the selection of carriers to be audited, 
and the results of each audit conducted 
under paragraph (1)(A)(iii). 
‘‘(3) DUAL
REGULATION
PROHIBITED.—Any 
person that is treated as a telecommunications car-
rier providing a telecommunications service with re-
spect to the offering of real-time Internet protocol- 
enabled voice communications by the regulations 
prescribed under paragraph (1)(A)(vii) shall not be 
subject to the provisions of section 631 with respect 
to the offering of such communications. 
‘‘(i) FORFEITURE PENALTIES.— 
‘‘(1) INCREASED PENALTIES.—In any case in 
which the violator is determined by the Commission 
under section 503(b)(1) to have violated this section 
or the regulations thereunder, section 503(b)(2)(B) 
shall be applied— 
‘‘(A) 
by 
substituting 
‘$300,000’ 
for 
‘$100,000’; and 
‘‘(B) by substituting ‘$3,000,000’ for 
‘$1,000,000’. 
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‘‘(2) NO FIRST WARNINGS.—Paragraph (5) of 
section 503(b) shall not apply to the determination 
of forfeiture liability under such section with respect 
to a violation of this section or the regulations there-
under by any telecommunications carrier or any 
agent of such a carrier.’’; and 
(3) in subsection (g), by striking ‘‘subsection 
(i)(3)(A)’’ and inserting ‘‘subsection (j)(3)(A)’’. 
SEC. 204. DEFINITIONS. 
Subsection (j) of section 222 of the Communications 
Act of 1934 (47 U.S.C. 222(j)), as redesignated by section 
203(1) of this Act, is amended by adding at the end the 
following new paragraphs: 
‘‘(8) 
DETAILED
CUSTOMER
TELEPHONE 
RECORD.—The term ‘detailed customer telephone 
record’ means customer proprietary network infor-
mation that contains the specific and detailed des-
tinations, locations, duration, time, and date of tele-
communications to or from a customer, as typically 
contained in the bills for such service. Such term 
does not mean aggregate data or subscriber list in-
formation. 
‘‘(9) WIRELESS
TELEPHONE
NUMBER.—The 
term ‘wireless telephone number’ means the tele-
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phone number of a subscriber to a commercial mo-
bile service.’’. 
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Union Calendar No. 217 
109TH CONGRESS 
2D SESSION 
H. R. 4943 
[Report No. 109–398] 
A BILL 
To prohibit fraudulent access to telephone records. 
MARCH 16, 2006 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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agrees within such period to grant review of the 
appeal. 
‘‘(C) TIMING.—After the filing of a notice 
of appeal under subparagraph (B), if such no-
tice is not denied by operation of such subpara-
graph, the Commission shall render a decision 
within 90 days of such filing. 
‘‘(7) ANNUAL REPORT.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this section, and 
annually thereafter, the Commission shall sub-
mit a report to the Committee on Energy and 
Commerce of the House of Representatives and 
the Committee on Commerce, Science, and 
Transportation of the Senate on the implemen-
tation of this subsection, including the fol-
lowing: 
‘‘(i) The number of complaints filed 
with franchising authorities under clause 
(4)(A)(i). 
‘‘(ii)
Any
trends
concerning
com-
plaints, such as increases in the number of 
particular types of complaints or in new 
types of complaints. 
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‘‘(iii) The timeliness of the response 
of such franchising authorities and the re-
sults of the complaints filed with such 
franchising authorities, if not appealed to 
the Commission. 
‘‘(iv) The number of complaints filed 
with
the
Commission
under
clause 
(4)(A)(ii). 
‘‘(v) The number of appeals filed with 
the Commission under paragraph (6)(B) 
and the number of such appeals which the 
Commission agreed to hear. 
‘‘(vi) The timeliness of the Commis-
sion’s responses to such complaints and 
appeals. 
‘‘(vii) The results of such complaints 
and appeals filed with the Commission. 
‘‘(B) SUBMISSION
OF
INFORMATION
BY 
FRANCHISING AUTHORITIES.—The Commission 
may request franchising authorities to submit 
information about the complaints filed with the 
franchising
authorities
under
subparagraph 
(4)(A)(i), including the number of such com-
plaints and the timeliness of the response and 
the results of such complaints. 
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‘‘(8) DEFINITION.—For purposes of this sub-
section, the term ‘Commission’s revised consumer 
protection rules’ means the national consumer pro-
tection and customer service rules under section 
632(b) as revised by the Commission pursuant to 
paragraph (2) of this subsection. 
‘‘(h) ANTIDISCRIMINATION.— 
‘‘(1) PROHIBITION.—A cable operator with a 
national franchise under this section to provide cable 
service in a franchise area shall not deny access to 
its cable service to any group of potential residential 
cable service subscribers in such franchise area be-
cause of the income of that group. 
‘‘(2) ENFORCEMENT.— 
‘‘(A) COMPLAINT.—If a franchising au-
thority in a franchise area has reasonable cause 
to believe that a cable operator is in violation 
of this subsection with respect to such franchise 
area, the franchising authority may, after com-
plying with subparagraph (B), file a complaint 
with the Commission alleging such violation. 
‘‘(B) NOTICE BY FRANCHISING AUTHOR-
ITY.—Before filing a complaint with the Com-
mission under subparagraph (A), a franchising 
authority— 
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106TH CONGRESS
2D SESSION
H. R. 4521
AN ACT
To direct the Secretary of the Interior to authorize and
provide funding for rehabilitation of the Going-to-the-
Sun Road in Glacier National Park, to authorize funds
for maintenance of utilities related to the Park, and
for other purposes.
‘‘(i) shall give notice of each alleged 
violation to the cable operator; 
‘‘(ii) shall provide a period of not less 
than 30 days for the cable operator to re-
spond to such allegations; and 
‘‘(iii) during such period, may require 
the cable operator to submit a written re-
sponse stating the reasons why the oper-
ator has not violated this subsection. 
‘‘(C) BIANNUAL REPORT.—A cable oper-
ator with a national franchise under this section 
for a franchise area, not later than 180 days 
after the effective date of such national fran-
chise, and biannually thereafter, shall submit a 
report to the Commission and the franchising 
authority in the franchise area— 
‘‘(i) identifying the geographic areas 
in the franchise area where the cable oper-
ator offers cable service; and 
‘‘(ii) describing the cable operator’s 
progress in extending cable service to other 
areas in the franchise area. 
‘‘(D) NOTICE BY COMMISSION.—Upon re-
ceipt of a complaint under this paragraph alleg-
ing a violation of this subsection by a cable op-
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