250 
the United States Department of Justice and Federal Trade 
Commission Horizontal Merger Guidelines and shall, at a 
minimum, distinguish among the products demanded by— 
(1) residential customers; 
(2) small and medium-sized business customers; 
and 
(3) large business customers. 
(c) REPORT TO CONGRESS.—Not later than one year 
after the date of enactment of this Act, and each year there-
after, the Commission shall submit a report to Congress de-
scribing the extent to which providers of telecommuni-
cations service, broadband service, and IP-enabled voice 
service have deployed their own local transmission facilities. 
Such report shall analyze separately the extent of actual 
facilities-based competition in each wire center in the prod-
uct markets described in subsection (b). 
(d) DEFINITIONS.—In this section: 
(1) 
BROADBAND
SERVICE.—The 
term 
‘‘broadband service’’ means any service used for 
transmission of information of a user’s choosing with 
a transmission speed of at least 200 kilobits per sec-
ond in at least 1 direction, regardless of the trans-
mission medium or technology employed, that con-
nects to the public Internet for a fee directly— 
(A) to the public; or 
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251 
(B) to such classes of users as to be effec-
tively available directly to the public. 
(2) COMMUNICATIONS SERVICE.—The term ‘‘com-
munications service’’ means telecommunications serv-
ice, broadband service, or IP-enabled voice service 
(whether offered separately or as part of a bundle of 
services). 
(3) IP-ENABLED VOICE SERVICE.—The term ‘‘IP- 
enabled voice service’’ means the provision of real- 
time 2-way voice communications offered to the pub-
lic, or such classes of users as to be effectively avail-
able to the public, transmitted through customer 
premises equipment using Internet protocol, or a suc-
cessor protocol, for a fee (whether part of a bundle of 
services or separately) with 2-way interconnection ca-
pability such that the service can originate traffic to, 
and terminate traffic from, the public switched tele-
phone network. 
(4) LOCAL TRANSMISSION FACILITIES.—The term 
‘‘local transmission facilities’’ means wireless and 
wireline transmission facilities used to transmit in-
formation or signals to, from or among locations 
within a wire center. 
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252 
SEC. 1005. IMPROVED ENFORCEMENT OPTIONS. 
(a) INCREASED PENALTIES.—Section 503(b)(2)(B) 
(47 U.S.C. 503(b)(2)(B)) is amended— 
(1) by striking ‘‘$100,000’’ and inserting 
‘‘$1,000,000’’; and 
(2) by striking ‘‘$1,000,000’’ and inserting 
‘‘$10,000,000’’. 
(b) STATUTE OF LIMITATIONS.—Section 503(b)(6) (47 
U.S.C. 503(b)(6)) is amended— 
(1) by striking ‘‘or’’ after the semicolon in sub-
paragraph (A)(ii); 
(2) redesignating subparagraph (B) as subpara-
graph (C); and 
(3) inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) such person is a common carrier subject to 
the provisions of this Act or an applicant for any 
common carrier license, permit, certificate, or other 
instrument of authorization issued by the Commission 
and if the violation charged occurred more than 3 
years prior to the date of issuance of the required no-
tice or notice of apparent liability; or’’. 
(c) INDEPENDENT NETWORK AFFILIATES.—Section 
503(b) (47 U.S.C. 503(b)), as amended by section 338, is 
further amended by adding at the end the following: 
‘‘(8) INDEPENDENT NETWORK AFFILIATES.— 
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253 
‘‘(A) IN
GENERAL.—No forfeiture penalty 
shall be determined or imposed under paragraph 
(2) of this subsection against an independent 
network affiliate for a violation of any section of 
title 18, United States Code, referred to in para-
graph (1)(D) with respect to network-originated 
programming— 
‘‘(i) that the affiliate has not been af-
forded the reasonable opportunity to pre-
view prior to its scheduled air time; or 
‘‘(ii) for which the network has failed 
to advise the affiliate prior to the scheduled 
air time that the programming contains 
content that could be in violation of any 
such section. 
‘‘(B) INDEPENDENT
NETWORK
AFFILIATE 
DEFINED.—In this paragraph, the term ‘inde-
pendent network affiliate’ means a television 
broadcast station licensee that is neither owned 
nor controlled by a television network (as defined 
in section 340(d)(5) of this Act.’’. 
SEC. 1006. MOBILE SERVICES TERMS AND CONDITIONS. 
(a) IN
GENERAL.—Subparagraph (A) of section 
332(c)(3) (47 U.S.C. 332(c)(3)) is amended— 
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