In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Postal Service Enhancement Act''.

                   TITLE I--RATEMAKING FLEXIBILITIES

SEC. 101. COMPETITIVE AND NONCOMPETITIVE PRODUCTS DEFINED.

    Section 102 of title 39, United States Code, is amended by striking 
``and'' at the end of paragraph (3), by striking the period at the end 
of paragraph (4) and inserting a semicolon, and by adding at the end 
the following:
            ``(5) `competitive product' refers to any postal product 
        which the Postal Rate Commission has determined, based on 
        appropriate economic factors prescribed by the Commission, 
        competes for business in a competitive market; and
            ``(6) `noncompetitive product' refers to any postal product 
        that is not a competitive product.''.

SEC. 102. RATES AND FEES FOR NONCOMPETITIVE PRODUCTS.

    (a) Current Ratemaking Procedures Cease To Apply With Respect to 
Competitive Products.--Section 3622(a) of title 39, United States Code, 
is amended by adding at the end the following: ``This section shall 
apply only in the case of noncompetitive products.''.
    (b) Prohibition on Subsidizing Competitive Products.--Section 
3622(b) of title 39, United States Code, is amended by striking ``and'' 
at the end of paragraph (8), by redesignating paragraph (9) as 
paragraph (10), and by inserting after paragraph (8) the following:
            ``(9) the requirement that no rate or fee for a 
        noncompetitive product shall subsidize any rate or fee for a 
        competitive product; and''.

SEC. 103. AUTHORITY TO INCREASE RATES FOR NONCOMPETITIVE PRODUCTS 
              INCREMENTALLY.

    Section 3624 of title 39, United States Code, is amended by adding 
at the end the following:
    ``(e) If a request made by the Postal Service under section 3622 
proposes that one or more rates of postage or fees for postal services 
be changed incrementally, the recommended decision of the Commission 
may include provisions responsive to that proposal.''.

SEC. 104. NEGOTIATED SERVICE AGREEMENTS.

    Title 39, United States Code, is amended by inserting after section 
3642 the following:
``Sec. 3643. Negotiated service agreements
    ``(a) The Postal Service may enter into negotiated service 
agreements with mail users under this section and in accordance with 
the policies of this title.
    ``(b) A negotiated service agreement may not be entered into unless 
each of the following conditions is met:
            ``(1) The agreement can reasonably be expected to result in 
        net benefits to the operation of a nationwide postal system.
            ``(2) The Postal Service remains willing and able to enter 
        into similar negotiated service agreements with other similarly 
        situated mail users (determined without regard to size).
            ``(3) Rates and fees payable during the term of the 
        negotiated service agreement are reasonably calculated to yield 
        to the Postal Service total revenues (after taking into account 
        any costs avoided, and any additional costs incurred, by the 
        Postal Service pursuant to the agreement) at least equal to the 
        revenues that would be generated over that same period of time 
        by application of the rate or rates chargeable under the 
        classification or classifications of mail service most similar 
        to the services performed under the agreement.
    ``(c) A negotiated service agreement that involves one or more 
noncompetitive products shall not become effective unless the Postal 
Rate Commission first certifies, in accordance with such expedited 
procedures as the Commission shall by regulation establish, that the 
agreement meets the requirements of this section. Certifications under 
this subsection may, notwithstanding section 3628, be appealed to any 
court of appeals of the United States.
    ``(d) For purposes of this section, the term `negotiated service 
agreement' means an agreement between a mail user and the Postal 
Service requiring performance by the mail user, the Postal Service, or 
both, of any combination of activities that, with respect to one or 
more classes of mail, differs significantly from those that would 
otherwise apply.''.

SEC. 105. COMPETITIVE PRODUCTS.

    Subchapter II of chapter 36 of title 39, United States Code, is 
amended by adding at the end the following:
``Sec. 3630. Competitive products
    ``(a) The Postal Service may offer competitive products under this 
section and in accordance with the policies of this title.
    ``(b) A competitive product may not be offered unless each of the 
following conditions is met:
            ``(1) The product can reasonably be expected to result in 
        net benefits to the operation of a nationwide postal system.
            ``(2) The rates or fees for the product--
                    ``(A) comply with the factors specified in section 
                3622(b); and
                    ``(B) are not subsidized by any rates or fees for 
                noncompetitive products.
    ``(c)(1) Interested parties who believe the Postal Service is 
offering a competitive product which does not conform to the policies 
set out in this title may lodge a complaint with the Postal Rate 
Commission in such form and in such manner as it may prescribe. The 
Commission may, in its discretion, hold hearings on such complaint and 
may issue an order providing for such interim relief as the Commission 
considers appropriate. The Commission shall issue an order deciding the 
complaint as expeditiously as possible.
    ``(2) The Postal Service shall comply with orders of the Commission 
under this subsection. Such orders may, notwithstanding section 3628, 
be appealed to any court of appeals of the United States.
    ``(3) Section 3662 shall not apply to complaints relating to 
competitive products.''.

SEC. 106. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) The heading for section 3622 of title 39, United States Code, 
is amended to read as follows:
``Sec. 3622. Rates and fees for noncompetitive products''.
    (b) The table of sections for chapter 36 of title 39, United States 
Code, is amended--
            (1) by striking the item relating to section 3622 and 
        inserting the following:

``3622. Rates and fees for noncompetitive products.'';
            (2) by adding after the item relating to section 3629 the 
        following:

``3630. Competitive products.''; and
            (3) by inserting after the item relating to section 3642 
        the following:

``3643. Negotiated service agreements.''.

SEC. 107. SAVINGS PROVISIONS.

    (a) Postal Products; Rates and Fees.--Until otherwise provided in 
accordance with title 39, United States Code (as amended by this title 
or as deemed to have remained in effect under subsection (b), as the 
case may be)--
            (1) all postal products offered immediately before this Act 
        takes effect shall continue being offered; and
            (2) all rates and fees in effect under such title 
        immediately before this Act takes effect shall remain in 
        effect.
    (b) Proceedings Pending.--This title shall not affect any 
proceedings pending immediately before the date of enactment of this 
Act, and any such proceedings shall continue under applicable 
provisions of title 39, United States Code, as last in effect before 
such date of enactment, until completed or terminated in accordance 
therewith.

   TITLE II--NATIONAL COMMISSION ON POSTAL EFFICIENCY AND ENHANCEMENT

SEC. 201. ESTABLISHMENT.

    There is established a commission to be known as the ``National 
Commission on Postal Efficiency and Enhancement'' (hereinafter in this 
title referred to as the ``Commission'').

SEC. 202. FUNCTIONS OF THE COMMISSION.

    The Commission shall review the present practices and 
organizational structure of the United States Postal Service, with a 
view toward identifying--
            (1) areas of inefficiency or waste; and
            (2) methods for improving operations involved in the 
        collection, processing, or delivery of mail.

SEC. 203. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 8 
members appointed by the President, except that of those members--
            (1) 2 shall be appointed from among individuals recommended 
        by the majority leader of the Senate; and
            (2) 2 shall be appointed from among individuals recommended 
        by the Speaker of the House of Representatives.
    (b) Qualifications.--An individual appointed to serve on the 
Commission shall have expertise in mail delivery, organizational 
efficiency, labor relations, or other relevant subject areas.
    (c) Initial Appointments.--It is the sense of the Congress that the 
members of the Commission should be appointed within 90 days after the 
date of enactment of this Act.
    (d) Chairman.--The Chairman of the Commission shall be designated 
by the President.
    (e) Pay.--Members shall be paid at a rate to be established by the 
President, not to exceed the rate payable for level I of the Executive 
Schedule under section 5312 of title 5, United States Code.

SEC. 204. ADMINISTRATION.

    (a) In General.--The Chairman of the Commission shall exercise the 
executive and administrative functions of the Commission, and may 
appoint such staff as may be necessary for the operation of the 
Commission.
    (b) Information From Agencies.--The Commission may secure from any 
department, agency, independent establishment, or other instrumentality 
of the United States, any information necessary to enable it to carry 
out its functions under this title. Upon receiving a request under the 
preceding sentence, the head of the instrumentality involved shall, to 
the extent authorized by law, furnish such information directly to the 
Commission.

SEC. 205. REPORTING REQUIREMENTS.

    The Commission shall transmit to the President and the Congress, 
within 2 years after the date of enactment of this Act, a report 
containing a detailed statement of the findings and conclusions of the 
Commission, together with its recommendations for any legislation or 
administrative actions which the Commission considers appropriate.

SEC. 206. TERMINATION.

    The Commission shall terminate as of the date on which the work of 
the Commission has been completed.

     TITLE III--ENHANCED AUTHORITIES FOR THE POSTAL RATE COMMISSION

SEC. 301. ENHANCED AUTHORITIES.

    Section 3604 of title 39, United States Code, is amended by adding 
at the end the following:
    ``(f)(1) Any Commissioner of the Postal Rate Commission, any 
administrative law judge appointed by the Commission under section 3105 
of title 5, and any employee of the Commission designated by the 
Commission, may administer oaths, examine witnesses, take depositions, 
and receive evidence.
    ``(2) The Chairman of the Commission, any Commissioner designated 
by the Chairman, and any administrative law judge appointed by the 
Commission under section 3105 of title 5 may, with respect to any 
proceeding conducted by the Commission under this title--
            ``(A) issue subpoenas requiring the attendance and 
        presentation of testimony, or the production of documentary or 
        other evidence in the possession, of any covered individual; 
        and
            ``(B) order the taking of depositions or responses to 
        written interrogatories by a covered individual.
    ``(3) In the case of contumacy or failure to obey a subpoena or 
order issued under this subsection, upon application by the Commission, 
the district court of the United States for the district in which the 
person to whom the subpoena or order is addressed resides or is served 
may issue an order requiring such person to appear at any designated 
place to testify or produce documentary or other evidence. Any failure 
to obey the order of the court may be punished by the court as a 
contempt thereof.
    ``(4) For purposes of this subsection, the term `covered 
individual' means an officer or employee or agent of the Postal Service 
or of a contractor of the Postal Service.
    ``(g)(1) If the Postal Service determines that any testimony, 
document, or other matter provided pursuant to a subpoena or order 
issued under subsection (f), or otherwise provided by the Postal 
Service to the Postal Rate Commission in connection with any proceeding 
or other purpose under this title, contains information which is 
described in section 410(c) of this title, or exempt from public 
disclosure under section 552(b) of title 5, the Postal Service shall, 
at the time such matter is provided to the Commission, notify the 
Commission, in writing, of its determination (and the reasons 
therefor).
    ``(2) The Commission shall establish procedures for ensuring, where 
appropriate, the confidentiality of any information as to which it has 
been notified under paragraph (1).''.

Output: (Sec. 104) Outlines conditions under which the Postal Service (Service) may enter into negotiated service agreements with mail users, including that: (1) the agreement will result in net benefits to the nationwide postal system; and (2) rates and fees payable under the agreement are calculated to yield revenues to the Service that are at least equal to revenues generated by rates chargeable for other mail services. Allows any such agreement that involves one or more noncompetitive products to be effective only after the Postal Rate Commission (Commission) first certifies that such agreement meets requirements applicable to all mail service agreements.
(Sec. 105) Outlines conditions under which the Service may offer competitive products. Provides conditions under which a party who believes that the Service is offering a competitive product which does not conform to such conditions may lodge a complaint with the Commission.
Title II: National Commission on Postal Efficiency and Enhancement
 - Establishes the National Commission on Postal Efficiency and Enhancement to review and report on the present practices and organizational structure of the Service, with a view toward identifying waste or inefficiency and improving the collection, processing, and delivery of mail.
Title III: Enhanced Authorities for the Postal Rate Commission
 - Authorizes any Commission commissioner, any administrative law judge appointed by the Commission, and any Commission employee to administer oaths, examine witnesses, take depositions, and receive evidence. Authorizes the Commission Chairman, any designated commissioner, or any Commission-appointed administrative law judge to issue subpoenas and order the taking of depositions or responses to written interrogatories.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Westward Aquatic Threats Act''.

SEC. 2. AMENDMENT OF NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND 
              CONTROL ACT OF 1990.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.).

SEC. 3. 100TH MERIDIAN AND WESTWARD PROGRAM.

    Subtitle C (16 U.S.C. 4721 et seq.) is amended by adding at the end 
the following:

``SEC. 1210. 100TH MERIDIAN AND WESTWARD PROGRAM.

    ``(a) Public Information and Education.--The Secretary shall 
coordinate with the States to provide the public with information and 
education on the threat of zebra mussels and other aquatic nuisance 
species and how to prevent their westward advance.
    ``(b) Source States Action Plan.--The Secretary, in consultation 
with the Task Force, shall work with States that contain aquatic 
nuisance species, including zebra mussels, that threaten western States 
to develop and implement a prevention action plan that includes 
inspections of vessels at boat launches and elsewhere.
    ``(c) Movement Across the 100th Meridian.--
            ``(1) Early detection and rapid response.--The Secretary, 
        in consultation with the Task Force, shall seek to prevent 
        westward movement of aquatic nuisance species by monitoring and 
        preventing westward movement of zebra mussels and other aquatic 
        nuisance species across and beyond the 100th meridian, 
        monitoring water bodies, educating boaters leaving waters 
        infected by aquatic nuisance species, and providing rapid 
        response capacity in North Dakota, South Dakota, Nebraska, 
        Kansas, Oklahoma, and Texas.
            ``(2) Check stations.--Under this subsection, the 
        Secretary, in collaboration with the Secretary of 
        Transportation and the States, shall--
                    ``(A) work with States to establish check stations 
                on highways and waterways that cross the 100th 
                meridian, and require that all commercial vessels 
                moving westward across the meridian stop and be checked 
                for zebra mussels and aquatic weeds at such check 
                stations;
                    ``(B) require that contaminated vessels identified 
                at such check stations be cleaned in accordance with 
                protocols developed by the Task Force before being 
                moved across the 100th meridian;
                    ``(C) assess and collect from persons who violate 
                such requirement more than one time a civil penalty of 
                $150 for each violation after the first violation;
                    ``(D) identify and record all vessels that stop at 
                such check stations and the water body most recently 
                visited by each such vessel;
                    ``(E) focus prevention resources on States having 
                the greatest number of contaminated vessels; and
                    ``(F) coordinate implementation of this subsection 
                with appropriate Canadian authorities.
    ``(d) Vector Action Plans.--The Secretary and the Task Force, in 
collaboration with the States and within 18 months after the date of 
the enactment of this subsection, shall--
            ``(1) assess the relative risk of vectors and pathways of 
        westward movement of zebra mussels and other aquatic nuisance 
        species across the 100th meridian and throughout the western 
        States and develop adequate action plans to control each 
        pathway, ranked by priority; and
            ``(2) provide to the Task Force, for distribution to the 
        States, data developed through such assessment.
    ``(e) Lewis and Clark Bicentennial Expedition.--
            ``(1) In general.--The Secretary of the Interior shall 
        ensure that the United States Fish and Wildlife Service and the 
        National Park Service coordinate efforts to implement an action 
        plan to prevent the spread of aquatic nuisance species by 
        vessels and other potential vectors involved in the Lewis and 
        Clark Bicentennial Expedition, including efforts to educate 
        participants in such Expedition by no later than January 1, 
        2003.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of the Interior 
        to carry out this subsection $100,000 for each of fiscal years 
        2002 through 2005.
    ``(f) Application in Other States.--If the Secretary determines 
that any State (other than those listed in subsection (c)) that is 
located west of the 100th meridian needs to be involved in 
implementation of this section for this section to be effective, the 
Secretary may apply this section in such State.
    ``(g) Evaluation of Effectiveness.--The Secretary shall enter into 
an arrangement with an independent entity under which the entity shall, 
by January 1, 2005, evaluate the effectiveness of the 100th meridian 
and westward program under this section in stopping the westward 
movement of zebra mussels and other aquatic nuisance species across and 
beyond the 100th meridian.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $5,000,000 for 
each of fiscal years 2003 through 2007.''.

SEC. 4. STATE MANAGEMENT PLANS.

    (a) Grants to States for Development of Management Plans.--Section 
1204(b) (16 U.S.C. 4724(b)) is amended--
            (1) in paragraph (1) by inserting ``make grants to States 
        to develop management plans under this section, including for 
        hiring personnel for such development, and'' after ``at the 
        recommendation of the Task Force,'';
            (2) in paragraph (3)(A) by striking ``each comprehensive 
        management plan implemented with Federal assistance'' and 
        inserting ``implementation of each comprehensive management 
        plan''; and
            (3) in paragraph (3)(B) by striking ``each public facility 
        management plan implemented with Federal assistance'' and 
        inserting ``implementation of each public facility management 
        plan''.
    (b) Authorization of Appropriations.--Section 1301 (16 U.S.C. 4724) 
is amended--
            (1) in subsection (c) by striking ``There are authorized'' 
        and all that follows through ``of which'' and inserting ``For 
        grants to States under section 1204(b) there are authorized to 
        be appropriated to the Director $10,000,000 for each of fiscal 
        years 2003 through 2007, of which up to 20 percent may be 
        available for plan development and of which''; and
            (2) by adding at the end the following:
    ``(f) Funding for Capacity Building by Western Regional Panel.--To 
build capacity and foster the development and implementation of 
comprehensive management plans under section 1204 for States located on 
or west of the 100th meridian there are authorized to be appropriated 
to the Western Regional panel established under section 1203(b) 
$600,000 for each of fiscal years 2003 through 2007.''.

Output: Stop Westward Aquatic Threats Act - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of the Interior to: (1) provide the public with information and education on the threat of zebra mussels and other aquatic nuisance species and how to prevent their westward advance; (2) work with States that contain aquatic nuisance species (including zebra mussels) that threaten western States to develop and implement a prevention action plan that includes inspections of vessels at boat launches and elsewhere (including vessels involved in the Lewis and Clark Bicentennial Expedition); and (3) prevent westward movement of aquatic nuisance species by monitoring and preventing westward movement of zebra mussels and other aquatic nuisance species beyond the 100th meridian, monitoring water bodies, educating boaters leaving waters infected by aquatic nuisance species, and providing rapid response capacity in North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas.Authorizes the Director of the of the Aquatic Nuisance Species Task Force to make grants to States to develop management plans which identify those areas or activities within the State for which assistance is needed to eliminate or reduce the environmental, public health, and safety risks associated with aquatic nuisance species, particularly the zebra mussel.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Facilitating Access to Speedy 
Transmissions for Networks, E-commerce and Telecommunications (FASTNET) 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Telecommunications Act of 1996 was enacted to 
        foster the rapid deployment of advanced telecommunications and 
        information technologies and services to all Americans by 
        promoting competition and reducing regulation in 
        telecommunications markets nationwide.
            (2) The Telecommunications Act of 1966 specifically 
        recognized the unique abilities and circumstances of local 
        exchange carriers with fewer than two percent of the Nation's 
        subscriber lines installed in the aggregate nationwide.
            (3) Given the markets two percent carriers typically serve, 
        such carriers are uniquely positioned to accelerate the 
        deployment of advanced services and competitive initiatives for 
        the benefit of consumers in less densely populated regions of 
        the Nation.
            (4) Existing regulations are typically tailored to the 
        circumstances of larger carriers and therefore often impose 
        disproportionate burdens on two percent carriers, impeding such 
        carriers' deployment of advanced telecommunications services 
        and competitive initiatives to consumers in less densely 
        populated regions of the Nation.
            (5) Reducing regulatory burdens on two percent carriers 
        will enable such carriers to devote additional resources to the 
        deployment of advanced services and to competitive initiatives 
        to benefit consumers in less densely populated regions of the 
        Nation.
            (6) Reducing regulatory burdens on two percent carriers 
        will increase such carriers' ability to respond to marketplace 
        conditions, allowing them to accelerate deployment of advanced 
        services and competitive initiatives to benefit consumers in 
        less densely populated regions of the Nation.
    (b) Purposes.--The purposes of this Act are--
            (1) to accelerate the deployment of advanced services and 
        the development of competition in the telecommunications 
        industry for the benefit of consumers in all regions of the 
        Nation, consistent with the Telecommunications Act of 1996, by 
        reducing regulatory burdens on local exchange carriers with 
        fewer than two percent of the Nation's subscriber lines 
        installed in the aggregate nationwide;
            (2) to improve such carriers' flexibility to undertake such 
        initiatives; and
            (3) to allow such carriers to redirect resources from 
        paying the costs of such regulatory burdens to increasing 
        investment in such initiatives.

SEC. 3. DEFINITION.

    Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
amended--
            (1) by redesignating paragraphs (51) and (52) as paragraphs 
        (52) and (53), respectively; and
            (2) by inserting after paragraph (50) the following:
            ``(51) Two percent carrier.--The term `two percent carrier' 
        means an incumbent local exchange carrier within the meaning of 
        section 251(h) whose access lines, when aggregated with the 
        access lines of any local exchange carrier that such incumbent 
        local exchange carrier directly or indirectly controls, is 
        controlled by, or is under common control with, are fewer than 
        two percent of the Nation's subscriber lines installed in the 
        aggregate nationwide.''.

SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.

    Title II of the Communications Act of 1934 is amended by adding at 
the end thereof a new part IV as follows:

         ``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS

``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.

    ``(a) Commission To Take Into Account Differences.--In adopting 
rules that apply to incumbent local exchange carriers (within the 
meaning of section 251(h)), the Commission shall separately evaluate 
the burden that any proposed regulatory, compliance, or reporting 
requirements would have on two percent carriers.
    ``(b) Effect of Commission's Failure To Take Into Account 
Differences.--If the Commission adopts a rule that applies to incumbent 
local exchange carriers and fails to separately evaluate the burden 
that any proposed regulatory, compliance, or reporting requirement 
would have on two percent carriers, the Commission shall not enforce 
the rule against two percent carriers unless and until the Commission 
performs such separate evaluation.
    ``(c) Additional Review Not Required.--Nothing in this section 
shall be construed to require the Commission to conduct a separate 
evaluation under subsection (a) if the rules adopted do not apply to 
two percent carriers, or such carriers are exempted from such rules.
    ``(d) Savings Clause.--Nothing in this section shall be construed 
to prohibit any size-based differentiation among carriers mandated by 
this Act, chapter 6 of title 5, United State Code, the Commission's 
rules, or any other provision of law.
    ``(e) Effective Date.--The provisions of this section shall apply 
with respect to any rule adopted on or after the date of enactment of 
this section.

``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.

    ``(a) Limitation.--The Commission shall not require a two percent 
carrier--
            ``(1) to file cost allocation manuals or to have such 
        manuals audited or attested, but a two percent carrier that 
        qualifies as a class A carrier shall annually certify to the 
        Commission that the two percent carrier's cost allocation 
        complies with the rules of the Commission; or
            ``(2) to file Automated Reporting and Management 
        Information Systems (ARMIS) reports, except for purposes of 
        section 224.
    ``(b) Preservation of Authority.--Except as provided in subsection 
(a), nothing in this Act limits the authority of the Commission to 
obtain access to information under sections 211, 213, 215, 218, and 220 
with respect to two percent carriers.

``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.

    ``The Commission shall not require any two percent carrier to 
establish or maintain a separate affiliate to provide any common 
carrier or noncommon carrier services, including local and 
interexchange services, commercial mobile radio services, advanced 
services (within the meaning of section 706 of the Telecommunications 
Act of 1996), paging, Internet, information services or other enhanced 
services, or other services. The Commission shall not require any two 
percent carrier and its affiliates to maintain separate officers, 
directors, or other personnel, network facilities, buildings, research 
and development departments, books of account, financing, marketing, 
provisioning, or other operations.

``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.

    ``(a) NECA Pool.--The participation or withdrawal from 
participation by a two percent carrier of one or more study areas in 
the common line tariff administered and filed by the National Exchange 
Carrier Association or any successor tariff or administrator shall not 
obligate such carrier to participate or withdraw from participation in 
such tariff for any other study area. The Commission may require a two 
percent carrier to give 60 days notice of its intent to participate or 
withdraw from participation in such common line tariff with respect to 
a study area. Except as permitted by section 310(f)(3), a two percent 
carrier's election under this subsection shall be binding for one year 
from the date of the election.
    ``(b) Price Cap Regulation.--A two percent carrier may elect to be 
regulated by the Commission under price cap rate regulation, or elect 
to withdraw from such regulation, for one or more of its study areas. 
The Commission shall not require a carrier making an election under 
this subsection with respect to any study area or areas to make the 
same election for any other study area. Except as permitted by section 
310(f)(3), a two percent carrier's election under this subsection shall 
be binding for one year from the date of the election.

``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO 
              PERCENT COMPANIES.

    ``(a) One-Day Notice of Deployment.--The Commission shall permit 
two percent carriers to introduce new interstate telecommunications 
services by filing a tariff on one day's notice showing the charges, 
classifications, regulations, and practices therefor, without obtaining 
a waiver, or make any other showing before the Commission in advance of 
the tariff filing. The Commission shall not have authority to approve 
or disapprove the rate structure for such services shown in such 
tariff.
    ``(b) Definition.--For purposes of subsection (a), the term `new 
interstate telecommunications service' means a class or subclass of 
service not previously offered by the two percent carrier that enlarges 
the range of service options available to ratepayers of such carrier.

``SEC. 286. ENTRY OF COMPETING CARRIER.

    ``(a) Pricing Flexibility.--Notwithstanding any other provision of 
this Act, any two percent carrier shall be permitted to de-average its 
interstate switched or special access rates, file tariffs on one day's 
notice, and file contract-based tariffs for interstate switched or 
special access services immediately upon certifying to the Commission 
that a telecommunications carrier unaffiliated with such carrier is 
engaged in facilities-based entry within such carrier's service area. A 
two percent carrier subject to rate-of-return regulation with respect 
to an interstate switched or special access service, for which pricing 
flexibility has been exercised pursuant to this subsection, shall 
compute its interstate rate of return based on the nondiscounted rate 
for such service.
    ``(b) Streamlined Pricing Regulation.--Notwithstanding any other 
provision of this Act, upon receipt by the Commission of a 
certification by a two percent carrier that--
            ``(1) a local exchange carrier, or its affiliate, or
            ``(2) a local exchange carrier operated by, or owned in 
        whole or part by, a governmental authority,
is engaged in facilities-based entry within the two percent carrier's 
service area, the Commission shall regulate the two percent carrier as 
non-dominant and shall not require the tariffing of the interstate 
service offerings of the two percent carrier.
    ``(c) Participation in Exchange Carrier Association Tariff.--A two 
percent carrier that meets the requirements of subsection (a) or (b) of 
this section with respect to one or more study areas shall be permitted 
to participate in the common line tariff administered and filed by the 
National Exchange Carrier Association or any successor tariff or 
administrator, by electing to include one or more of its study areas in 
such tariff.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Facilities-based entry.--The term `facilities-based 
        entry' means, within the service area of a two percent 
        carrier--
                    ``(A) the provision or procurement of local 
                telephone exchange switching or its equivalent; and
                    ``(B) the provision of telephone exchange service 
                to at least one unaffiliated customer.
            ``(2) Contract-based tariff.--The term `contract-based 
        tariff' shall mean a tariff based on a service contract entered 
        into between a two percent carrier and one or more customers of 
        such carrier. Such tariff shall include--
                    ``(A) the term of the contract, including any 
                renewal options;
                    ``(B) a brief description of each of the services 
                provided under the contract;
                    ``(C) minimum volume commitments for each service, 
                if any;
                    ``(D) the contract price for each service or 
                services at the volume levels committed to by the 
                customer or customers;
                    ``(E) a brief description of any volume discounts 
                built into the contract rate structure; and
                    ``(F) a general description of any other 
                classifications, practices, and regulations affecting 
                the contract rate.
            ``(3) Service area.--The term `service area' has the same 
        meaning as in section 214(e)(5).

``SEC. 287. SAVINGS PROVISIONS.

    ``(a) Commission Authority.--Nothing in this part shall be 
construed to restrict the authority of the Commission under sections 
201 through 208.
    ``(b) Rural Telephone Company Rights.--Nothing in this part shall 
be construed to diminish the rights of rural telephone companies 
otherwise accorded by this Act, or the rules, policies, procedures, 
guidelines, and standards of the Commission as of the date of enactment 
of this section.
    ``(c) State Authority.--Nothing in this part shall be construed to 
limit or affect any authority (as of August 1, 2001) of the States over 
charges, classifications, practices, services, facilities, or 
regulations for or in connection with intrastate communications service 
by wire or radio of any carrier.''.

SEC. 5. LIMITATION ON MERGER REVIEW.

    (a) Amendment.--Section 310 of the Communications Act of 1934 (47 
U.S.C. 310) is amended by adding at the end the following:
    ``(f) Deadline for Making Public Interest Determination.--
            ``(1) Time limit.--In connection with any merger between 
        two percent carriers, or the acquisition, directly or 
        indirectly, by a two percent carrier or its affiliate of 
        securities or assets of another carrier or its affiliate, if 
the merged or acquiring carrier remains a two percent carrier after the 
merger or acquisition, the Commission shall make any determinations 
required by this section and section 214, and shall rule on any 
petition for waiver of the Commission's rules or other request related 
to such determinations, not later than 60 days after the date an 
application with respect to such merger or acquisition is submitted to 
the Commission.
            ``(2) Approval absent action.--If the Commission does not 
        approve or deny an application as described in paragraph (1) by 
        the end of the period specified, the application shall be 
        deemed approved on the day after the end of such period. Any 
        such application deemed approved under this subsection shall be 
        deemed approved without conditions.
            ``(3) Election permitted.--The Commission shall permit a 
        two percent carrier to make an election pursuant to section 284 
        with respect to any local exchange facilities acquired as a 
        result of a merger or acquisition that is subject to the review 
        deadline established in paragraph (1) of this subsection.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any application that is submitted to the Commission on 
or after the date of enactment of this Act. Applications pending with 
the Commission on the date of enactment of this Act shall be subject to 
the requirements of this section as if they had been filed with the 
Commission on the date of enactment of this Act.

SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR 
              WAIVER.

    (a) Amendment.--Section 405 of the Communications Act of 1934 (47 
U.S.C. 405) is amended by adding to the end the following:
    ``(c) Expedited Action Required.--
            ``(1) Time limit.--Within 90 days after receiving from a 
        two percent carrier a petition for reconsideration or other 
        review filed under this section or a petition for waiver of a 
        rule, policy, or other Commission requirement, the Commission 
        shall issue an order granting or denying such petition. If the 
        Commission fails to act on a petition for waiver subject to the 
        requirements of this section within this 90-day period, the 
        relief sought in such petition shall be deemed granted. If the 
        Commission fails to act on a petition for reconsideration or 
        other review subject to the requirements of this section within 
        such 90-day period, the Commission's enforcement of any rule 
        the reconsideration or other review of which was specifically 
        sought by the petitioning party shall be stayed with respect to 
        that party until the Commission issues an order granting or 
        denying such petition.
            ``(2) Finality of action.--Any order issued under paragraph 
        (1), or any grant of a petition for waiver that is deemed to 
        occur as a result of the Commission's failure to act under 
        paragraph (1), shall be a final order and may be appealed.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any petition for reconsideration or other review or 
petition for waiver that is submitted to the Commission on or after the 
date of enactment of this Act. Petitions for reconsideration or 
petitions for waiver pending with the Commission on the date of 
enactment of this Act shall be subject to the requirements of this 
section as if they had been filed on the date of enactment of this Act.

SEC. 7. NATIONAL SECURITY AND LAW ENFORCEMENT EXCEPTIONS.

    Notwithstanding sections 310 and 405 of the Communications Act of 
1934 (47 U.S.C. 310 and 405), the 60-day time period under section 
310(f)(1) of that Act, as added by section 5 of this Act, and the 90-
day time period under section 405(c)(1) of that Act, as added by 
section 6 of this Act, shall not apply to a petition or application 
under section 310 or 405 if an Executive Branch agency with cognizance 
over national security, law enforcement, or public safety matters, 
including the Department of Defense, Department of Justice, and the 
Federal Bureau of Investigation, submits a written filing to the 
Federal Communications Commission advising the Commission that the 
petition or application may present national security, law enforcement, 
or public safety concerns that may not be resolved within the 60-day or 
90-day time period, respectively.


Output: Facilitating Access to Speedy Transmissions for Networks, E-commerce and Telecommunications (FASTNET) Act - Amends the Communications Act of 1934 to define a "two percent carrier" (carrier) as an incumbent local exchange carrier whose access lines, when combined with the access lines of any other carrier that such carrier controls, are fewer than two percent of the subscriber lines installed in the aggregate nationwide.Directs the Federal Communications Commission (FCC), in adopting rules that apply to such carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on such carriers. Prohibits the FCC from requiring such carriers to: (1) file cost allocation manuals or Automated Reporting and Management Information Systems reports; or (2) establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services.Limits carrier participation in tariff pools and price cap regulation.Requires the FCC to permit such carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice.Allows such carriers to de-average its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for switched or special access services upon certifying that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. Limits FCC carrier merger review authority. Provides time limits for FCC action on petitions for reconsideration or waiver of a rule, policy, or requirement.