such levy, fee, or charge imposed by a govern-
mental entity.
Such term does not include any franchise fees or
similar fees imposed by a State or local franchising
authority, pursuant to section 622 or 653 of the
Communications Act of 1934.
‘‘(13) TELECOMMUNICATIONS
SERVICES.—The
term ‘telecommunications services’ has the meaning
given such term in section 3(46) of the Communica-
tions Act of 1934, as amended from time to time.’’.
(b) CONFORMING
AMENDMENT.—Title 4 of the
United States Code is amended in the table of chapters
by adding at the end the following:
‘‘6. Moratorium on Certain Taxes ................................................
151’’.
SEC. 3. PROVISION OF INTERNET ACCESS AND ONLINE
SERVICES.
Title II of the Communications Act of 1934 is
amended by inserting after section 230 (47 U.S.C. 230)
the following new section:
‘‘SEC. 231. PROHIBITION ON REGULATION OF INTERNET AC-
CESS AND ONLINE SERVICES.
‘‘(a) PROHIBITION.—The Commission shall have no
authority or jurisdiction under this title or section 4(i),
nor shall any State commission have any authority or ju-
risdiction, to regulate the prices or charges paid by sub-
scribers for Internet access or online services.
‘‘(b) PRESERVATION
OF AUTHORITY.—Nothing in
this subsection shall limit or otherwise affect—
‘‘(1) the Commission’s or State commissions’
implementation of the Telecommunications Act of
1996 (Public Law 104–104) or the amendments
made by such Act; and
‘‘(2) the Commission’s or State commissions’
authority to regulate telecommunications carriers
that offer Internet access or online services in con-
junction with the provision of any telephone toll,
telephone exchange, or exchange access services as
such terms are defined in title I.
‘‘(c) DEFINITIONS.—As used in this section:
‘‘(1) INTERNET.—The term ‘Internet’ means
the combination of computer facilities and electro-
magnetic transmission media, and related equipment
and software, comprising the interconnected world-
wide network of computer networks that employ the
Transmission Control Protocol/Internet Protocol, or
any predecessor or successor protocol, to transmit
information.
‘‘(2) INTERNET
ACCESS.—The term ‘Internet
access’ means a service that enables users to access
content, information, and other services offered over
the Internet, but does not mean a telecommuni-
cations service.
‘‘(3) ONLINE SERVICE.—The term ‘online serv-
ice’ means the offering or provision of Internet ac-
cess with the provision of other information serv-
ices.’’.
SEC. 4. FEDERAL REGULATORY FEES.
(a) NO REGULATORY FEES.—Section 9(h) of the
Communications Act of 1934 (47 U.S.C. 159(h)) is
amended by inserting ‘‘; or (3) providers of Internet access
or online service’’ after ‘‘(47 CFR Part 97)’’.
(b) CONFORMING AMENDMENT.—Section 9(h) of the
Communications Act of 1934 (47 U.S.C. 159(h)) is
amended by striking ‘‘or’’ that appears before ‘‘(2)’’.
(c) DETERMINATION.—Not later than 1 year after
the date of the enactment of this Act, the National Tele-
communications and Information Administration shall de-
termine whether any direct or indirect Federal regulatory
fees, other than the fees identified in subsection (a), are
imposed on providers of Internet access or online services,
and if so, make recommendations to the Congress regard-
ing whether such fees should be modified or eliminated.
SEC. 5. REPORT ON FOREIGN COMMERCE.
(a) CONTENTS OF REPORT.—In order to promote
electronic commerce, the Secretary of Commerce, in con-
sultation with appropriate committees of the Congress,
shall undertake an examination of—
(1) barriers imposed in foreign markets on
United States providers of property, goods, services,
or information engaged in electronic commerce and
on United States providers of telecommunications
services;
(2) how the imposition of such barriers will af-
fect United States consumers, the competitiveness of
United States citizens providing property, goods,
service, or information in foreign markets, and the
growth and maturing of the Internet; and
(3) what measures the Government should pur-
sue to foster, promote, and develop electronic com-
merce in the United States and in foreign markets.
(b) PUBLIC COMMENT.—For purposes of this section,
the Secretary of Commerce shall give all interested per-
sons an opportunity to comment on the matters identified
in subsection (a) through written or oral presentations of
data, views, or arguments.
(c) TRANSMITTAL TO THE PRESIDENT.—Not later
than 18 months after the date of the enactment of this
Act, the Secretary of Commerce shall transmit to the
President a report containing the results of the examina-
tion undertaken in accordance with subsection (a).
(d) RECOMMENDATIONS OF THE PRESIDENT.—Not
later than 2 years and 45 days after the date of the enact-
ment of this Act, the President shall review the report de-
scribed in subsection (c) and submit to the appropriate
committees of Congress such policy recommendations as
the President deems necessary or expedient.
SEC. 6. DECLARATION THAT THE INTERNET SHOULD BE
FREE OF FOREIGN TARIFFS, TRADE BAR-
RIERS, AND OTHER RESTRICTIONS.
It is the sense of the Congress that the President
should seek bilateral and multilateral agreements to re-
move barriers to global electronic commerce, through the
World Trade Organization, the Organization for Economic
Cooperation and Development, the International Tele-
communications Union, the Asia Pacific Economic Co-
operation Council, the Free Trade Area of the Americas,
and other appropriate international fora. Such agreements
should require, inter alia, that the provision of Internet
access or online services be free from undue and discrimi-
natory regulation by foreign governments and that elec-
tronic commercial transactions between United States and
foreign providers of property, goods, services, and infor-
mation be free from undue and discriminatory regulation,
international tariffs, and discriminatory taxation.
SEC. 7. NO EXPANSION OF TAX AUTHORITY.
Nothing in this Act shall be construed to expand the
duty of any person to collect or pay taxes beyond that
which existed immediately before the date of the enact-
ment of this Act.
SEC. 8. PRESERVATION OF AUTHORITY.
Nothing in this Act shall limit or otherwise affect the
implementation of the Telecommunications Act of 1996
(Public Law 104–104) or the amendments made by such
Act.
Passed the House of Representatives June 23, 1998.
Attest:
Clerk.