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104TH CONGRESS
1ST SESSION
H. R. 1275
To ensure the competitive availability of consumer electronics devices affording
access to telecommunications system services, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 21, 1995
Mr. BLILEY (for himself and Mr. MARKEY) introduced the following bill;
which was referred to the Committee on Commerce
A BILL
To ensure the competitive availability of consumer electronics
devices affording access to telecommunications system
services, 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 ‘‘Competitive Consumer
Electronics Availability Act of 1995’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) with the convergence of communications,
computing, and video technology, consumers may
now achieve access to a broad array of video, voice,
and data services provided by telephone, wireless,
cable television, and other telecommunications sys-
tems;
(2) when devices for achieving access to tele-
communications systems have been available directly
to consumers on a competitive basis, consumers have
enjoyed expanded choice, lower prices, and increased
innovation;
(3) promotion of competition whenever reason-
ably possible should be an important objective for all
agencies and commissions of the Federal Govern-
ment; and
(4) while recognizing the legitimate interest of
operators of telecommunications systems in ensuring
the delivery of certain services to authorized recipi-
ents only, devices for access to such systems should
be available to consumers on a competitive basis.
SEC. 3. DEFINITIONS.
As used in this Act, the following terms have the fol-
lowing meanings:
(1) The term ‘‘Commission’’ means the Federal
Communications Commission.
(2) The term ‘‘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 received, by means of
electromagnetic transmission, with or without benefit
of any closed transmission medium, including all in-
strumentalities, facilities, apparatus and services (in-
cluding the receipt, switching, and delivery of such
information) essential to such transmission.
(3) The term ‘‘telecommunications service’’
means the provision directly to subscribers of video,
voice or data services for which a subscriber charge
is made.
(4) The term ‘‘telecommunications system’’ or a
‘‘telecommunications system operator’’ means a pro-
vider of telecommunications service.
SEC. 4. COMPETITIVE CONSUMER AVAILABILITY OF CUS-
TOMER PREMISES EQUIPMENT.
The Commission shall adopt regulations to assure
competitive availability, to consumers of telecommuni-
cations services, of converter boxes, interactive commu-
nications devices, and other customer premises equipment
from manufacturers, retailers, and other vendors not af-
filiated with any telecommunications system operator.
Such regulations shall not prohibit any telecommuni-
cations system operator from also offering devices and
customer premises equipment to consumers, provided that
the system operator’s charges to consumers for such de-
vices and equipment are separately stated and not bundled
with or subsidized by charges for any telecommunications
service.
SEC. 5. WAIVER FOR NEW NETWORK SERVICES.
The Commission may waive a regulation adopted pur-
suant to section 4 for a limited time upon an appropriate
showing by a telecommunications system operator that
such waiver is necessary to the introduction of a new tele-
communications service.
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