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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Early Education Employee Benefit Act
of 2002''.

SEC. 2. AUTHORITY TO MAKE GRANTS.

The Secretary of Health and Human Services may make grants on a
competitive basis, and payable during a period of not less than 2 years
and not more than 5 years, to eligible States and political
subdivisions of States--
(1) to establish innovative partnerships with private
partners to reduce the cost incurred by employees and union
members to obtain early education (including child care,
preschool, and other early childhood programs), or
(2) to assist private partners to pay part of the cost of
acquiring, building, and renovating physical premises to be
used as new early education facilities.

SEC. 3. ELIGIBILITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO
RECEIVE GRANTS.

To be eligible to receive a grant under section 2, a State or a
political subdivision of a State shall submit to the Secretary an
application at such time, in such form, and containing such information
as the Secretary may require by rule, including--
(1) the agency designated by the State, or the political
subdivision of a State, to serve as the lead agency that will
administer such grant,
(2) a description of the program such applicant intends to
carry out with such grant,
(3) a description of the source, and increasing annual
amount, of the funds such applicant will use to pay the non-
Federal share of the cost to carry out such program during a
period not less than 2 years and not more than 5 years, and
(4) an agreement that such State or such political
subdivision--
(A) will contribute (from non-Federal funds) to
carry out such program, an amount equal to 50 percent
of the amount of such grant,
(B) will not require a private partner to offer on-
site early education as a condition for participation
in an Early Education Benefit Agreement, and
(C) will use such grant to supplement, not
supplant, spending by such State, such political
subdivision, and private partners to improve access to
and enhance the quality of early education.

SEC. 4. SELECTION OF APPLICANTS TO RECEIVE GRANTS.

In making grants under this Act, the Secretary shall give priority
to eligible applicants that--
(1) are, in the judgment of the Secretary, most likely to
increase the number of employees and members who receive an
Early Education Benefit through their employers and unions,
(2) propose innovative public-private partnerships that
will carry out early education programs that are likely to be
replicated,
(3) are likely to be sustainable beyond the period during
which such grant is expended,
(4) are developed in consultation with child care resource
and referral agencies and networks, and with employers and
unions,
(5) demonstrate the intention and ability to provide--
(A) with funds to be expended for the use described
in section 5(1), Early Education Benefits through Early
Education Benefit Agreements to a significant number of
employees of private employers with fewer than 50
employees, or
(B) with funds to be expended for the use described
in section 5(2), Early Education Start-up Grants to
private employers with fewer than 50 employees, and
(6) have experience working on early childhood
issues and working in partnership with the business
community, or have an agreement to implement the
program funded by a grant made under section 2 through
a nonprofit entity with such experience.

SEC. 5. USES OF FUNDS.

A recipient of a grant made under section 2 shall use such grant--
(1) to enter into Early Education Benefit Agreements to
provide Early Education Benefits, or
(2) to provide funds to private partners to establish new
early education facilities,
except that not more than 5 percent of such grant may be used to pay
administrative costs incurred by such recipient to carry out this Act,
including providing outreach to private partners.

SEC. 6. EARLY EDUCATION BENEFIT AGREEMENTS.

(a) Eligibility.--To be eligible to receive funds to be used for
the purpose specified in section 5(1) from a grant made under section
2, a private partner, or consortia of private partners, shall enter
into an Early Education Benefit Agreement with the recipient of such
grant that includes the following:
(1) An assurance that such private partner, or such
consortia, will pay not less than--
(A) /3\ of the cost of such Early Education
Benefit, or
(B) /5\ of such cost if such private partner, or
such consortia, creates a new early education facility
that--
(i) serves children less than 2 years of
age or children with disabilities, or
(ii) is available during nontraditional
work hours.
(2) An assurance that such private partner, or such
consortia, shall offer such Early Education Benefit on a
priority basis to such employees or such members who have lower
incomes if such Early Education Benefit is not offered to all
such employees or all such members.
(3) An assurance that if such private partner, or such
consortia, requires that such Early Education Benefit received
by an employee or member be expended at a limited number of
sites where early education (including child care, preschool,
and other early childhood programs) is provided, then
there shall be at least 1 provider of early education (including child
care, preschool, and other early childhood programs) for which such
Early Education Benefit may be expended, that is--
(A) located at or near the residence or place of
employment of such employee or such member, and
(B) accredited by the National Association for the
Education of Young Children or the National Association
for Family Child Care, or taking steps to obtain such
accreditation.
(4) An assurance that early education paid for in whole or
in part by such Early Education Benefit will be provided by a
provider that is licensed or regulated by the State.
(5) A detailed description of--
(i) the nature of the Early Education Benefit to be
provided,
(ii) the respective financial contributions of such
private partner, or such consortia, and such grant
recipient, and the procedures by which such
contributions will be made,
(iii) the number of employees or members expected
to receive the Early Education Benefit provided under
such Agreement, and
(iv) the estimated total cost of such Benefit to
such private partner (or such consortia), such grant
recipient, and such employees or such members.
(b) Selection of Private Partners To Enter Into Early Education
Benefit Agreements.--In selecting private partners with which to enter
into Early Education Benefit Agreements, a recipient of a grant made
under section 2 shall give priority to--
(1) private partners that will make larger financial
contributions to the Early Education Benefit,
(2) private partners with fewer employees or members,
(3) private partners that will make an Early Education
Benefit available to employees and members on a sliding scale
inversely proportional to their level of earned income, and
(4) private partners that have a history of personnel
policies and practices that enable their employees or their
members to balance work commitments with family obligations.

SEC. 7. EARLY EDUCATION START-UP GRANTS.

(a) Eligibility To Receive Funds.--To be eligible to receive funds
for the use specified in section 5(2) from a grant made under section
2, a private partner shall agree--
(1) to subsidize attendance at the proposed new early
education facility for children of lower-paid employees or
members, and
(2) to pay not less than /3\ of the cost of acquiring,
building, and renovating physical premises to be used as such
facility.
(b) Selection of Private Partners To Receive Funds.--In providing
funds to private partners from a grant received for the use specified
in section 5(2), a recipient of a grant made under section 2 shall give
priority to--
(1) private partners that will create a facility to provide
early education that--
(A) serves children less than 2 years of age or
children with disabilities, or
(B) is available during nontraditional hours during
which their parents are employed,
(2) private partners that will operate such a facility that
is accredited, has a low ratio of children to adults, or
demonstrates other facts that show such facility offers an
early education program of high quality,
(3) private partners that will pay with nongovernmental
funds a larger share of the cost of the use for which the Early
Education Start-up Grant funds will be expended,
(4) private partners that have fewer employees or members,
and
(5) private partners that have a history of personnel
policies and practices that enable their employees or members
to balance work commitments with family obligations.

SEC. 8. REPORTS.

(a) Reports by Grantees.--The Secretary shall issue rules that
require each recipient of a grant made under section 2 to submit
annually to the Secretary a report that includes the following
information for the fiscal year for which such report is submitted:
(1) The number of Early Education Benefit Agreements
participated in and Start-Up Grants made.
(2) Information about the private partners, including the
industry of which they are a part and their size.
(3) Information about the number of employees who are both
offered and are receiving Early Education Benefits as a result
of such grant,including the number and average incomes of
employees who are receiving Early Education Benefits and the
number of employees who were offered and declined Early
Education Benefits.
(4) Information about the amount of private spending on
Early Education Benefits and on the investment in new early
education facilities leveraged by the grants.
(5) If appropriate and available, information about whether
and at what level private partners have continued to provide
Early Education Benefits after the conclusion of the grantee's
participation in an Early Education Benefit Agreement.
(b) Reports by the Secretary.--The Secretary shall submit to the
Congress biennially a report that includes the following information
for the period of 2 fiscal years for which such report is submitted:
(1) Summaries of the reports received under subsection (a)
by the Secretary for such period.
(2) A description of the implementation of this Act, and
its impact on employees' access to early education programs for
their children, during such period.

SEC. 9. DEFINITIONS.

For purposes of this Act:
(1) Child.--The term ''child'' means an individual who is
less that 6 years of age.
(2) Early Education Benefit.--The term ''Early Education
Benefit'' means assistance, in cash or in kind, to pay any part
of the cost incurred by employees and union members to obtain
early education (including child care, preschool, and other
early childhood programs) for their children.
(3) Early Education Benefit Agreement.--The term ''Early
Education Benefit Agreement'' means a contract under which a
recipient of a grant under section 2 and a private partner that
receives from such recipient funds provided for the use
described in section 5(1) agree to provide jointly an Early
Education Benefit for children of the members or employees of
such private partner.
(4) Private Partner.--The term ''private partner'' means a
private employer, labor union, and consortia of employers or
labor unions.
(5) Secretary.--The term ''Secretary'' means the Secretary
of Health and Human Services.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal years 2003 through 2007.

A: Early Education Employee Benefit Act of 2002 - Authorizes the Secretary of Health and Human Services (HHS) to make competitive matching grants to States and local governments to: (1) enter Early Education Benefit Agreements with private partners to provide part of the cost of Early Education Benefits, which reduce costs incurred by employees and union members to obtain early education (including child care, preschool, and other early childhood programs); or (2) make Early Education Start-Up Grants to assist private partners to pay part of the cost of acquiring, building, and renovating physical premises to be used as new early education facilities, if such partners subsidize attendance at those facilities for children of lower-paid employees or union members.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Mandatory Foreclosure Mediation
Act''.

SEC. 2. DEFINITIONS.

In this Act, the following definitions shall apply:
(1) Alternative to foreclosure.--The term ''alternative to
foreclosure''--
(A) means a course of action with respect to a
mortgage offered by a servicer to a borrower as an
alternative to a covered foreclosure action; and
(B) includes a short sale and a deed in lieu of
foreclosure.
(2) Borrower.--The term ''borrower'' means a mortgagor
under a mortgage who is in default or at risk of imminent
default, as determined by the Secretary through regulations.
(3) Foreclosure action.--The term ''foreclosure action''
means a judicial or nonjudicial foreclosure.
(4) Loan modification program.--The term ''loan
modification program'' means a program or procedure designed to
change the terms of a mortgage in the case of the default,
delinquency, or imminent default or delinquency of a mortgagor,
including a loan modification program established by a servicer
that reduces the principal owed by the mortgagor on the
mortgage.
(5) Mortgage.--The term ''mortgage'' means a federally
related mortgage loan, as defined in section 3(1) of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)),
that is secured by a first or subordinate lien on residential
real property.
(6) Secretary.--The term ''Secretary'' means the Secretary
of Housing and Urban Development.
(7) Servicer.--The term ''servicer''--
(A) has the same meaning as in section 6(i) of the
Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2605(i)); and
(B) includes a person responsible for servicing a
pool of mortgages.

SEC. 3. MEDIATION REQUIRED BEFORE FORECLOSURE.

(a) Initiation of Foreclosure Actions.--A servicer may not initiate
a foreclosure action against a borrower unless the servicer has--
(1) made a reasonable effort to initiate mediation
proceedings in accordance with the process established in
regulations prescribed pursuant to subsection (c) to determine
whether the borrower is eligible for a loan modification or an
alternative to foreclosure; and
(2) offered the borrower a loan modification or an
alternative to foreclosure, if the borrower is eligible for the
loan modification or alternative to foreclosure.
(b) Suspension of Foreclosure Actions.--
(1) In general.--A servicer shall suspend a foreclosure
action that was initiated before the date of enactment of this
Act until the servicer--
(A) completes a mediation proceeding in accordance
with the process established in regulations prescribed
pursuant to subsection (c) to determine whether the
borrower is eligible for a loan modification or an
alternative to foreclosure; and
(B) offers the borrower a loan modification or an
alternative to foreclosure, if the borrower is eligible
for a loan modification or an alternative to
foreclosure.
(2) Suspension.--During the period of the suspension under
paragraph (1), a servicer may not--
(A) send a notice of foreclosure to a borrower;
(B) conduct or schedule a sale of the real property
securing the mortgage of the borrower; or
(C) cause final judgment to be entered against the
borrower.
(3) Reasonable efforts.--A servicer is not required to
suspend a foreclosure action under paragraph (1) if the
servicer--
(A) makes a reasonable effort to schedule a
mediation proceeding to determine whether the borrower
is eligible for a loan modification or an alternative
to foreclosure; and
(B) documents that the borrower has not agreed to a
mediation proceeding to determine whether the borrower
is eligible for a loan modification or an alternative
to foreclosure.
(4) Rule of construction.--Nothing in this section may be
construed to require a servicer to delay an unavoidable
foreclosure, such as foreclosure that results from a borrower
abandoning the residential real property securing a mortgage.
(c) Establishment of Mediation Process.--The Secretary shall
establish through regulations a mediation process to determine whether
the borrower is eligible for a loan modification or an alternative to
foreclosure under this section.

SEC. 4. BAR TO FORECLOSURE ACTIONS.

(a) In General.--Subject to subsection (b), a violation of this Act
shall be a bar to a foreclosure action.
(b) Effect of Subsequent Compliance.--If a servicer is in
compliance with this Act, the servicer may bring or proceed with a
foreclosure action, without regard to a prior violation of this Act by
the servicer.

SEC. 5. REGULATIONS.

Not later than 90 days after the date of enactment of this Act, the
Secretary shall issue regulations to carry out this Act.

SEC. 6. REPORT.

Each servicer that initiates mediation proceedings under section 3
shall submit to the Secretary a quarterly report at such time, in such
manner, and containing such information, with respect to such
proceedings, as the Secretary may require.

A: Mandatory Foreclosure Mediation Act - Prohibits a servicer from initiating a foreclosure action against a borrower unless the servicer has: (1) made a reasonable effort to initiate mediation proceedings to determine if the borrower is eligible for a loan modification or an alternative to foreclosure; and (2) offered the borrower, if eligible, such a modification or alternative.

Requires a servicer to suspend a foreclosure action initiated before the enactment of this Act until the servicer: (1) completes such a mediation proceeding; and (2) offers the borrower, if eligible, a modification or alternative.

Prohibits a servicer, during the suspension period, from: (1) sending the borrower a notice of foreclosure, (2) conducting or scheduling a sale of the real property securing the mortgage, or (3) causing final judgment to be entered against the borrower.

Directs the Secretary of Housing and Urban Development (HUD) to establish such a mediation process.

Declares that a servicer is not required to suspend a foreclosure action if the servicer makes a reasonable effort to schedule a mediation proceeding and documents that the borrower has not agreed to one.

Makes a violation of this Act a bar to a foreclosure action. Allows a servicer in compliance with this Act, however, to bring or proceed with a foreclosure action, regardless of any prior violation.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Facilitating Access to Speedy
Transmissions for Networks, E-commerce, and Telecommunications Act'' or
the ''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 1996 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 by adding at the end thereof the following:
''(53) Two percent carrier.--The term 'two percent carrier'
means a local exchange carrier with fewer than two percent of
the Nation's subscriber lines installed in the aggregate
nationwide, within the meaning of section 251(f)(2) and that
meets the requirements of section 251(h).''.

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, the Commission
shall adopt separate and less burdensome regulatory, compliance, or
reporting requirements, or exemptions from such requirements, or both,
for two percent carriers that take into account the more limited
resources available to such carriers and the greater burden such rules
impose on such carriers and their customers.
''(b) Effect of Reconsideration or Waiver.--If the Commission
adopts a rule that applies to incumbent local exchange carriers and
does not adopt such separate and less burdensome regulatory,
compliance, or reporting requirements, or exemptions from such
requirements, for two percent carriers and if a two percent carrier or
carriers seek a waiver or reconsideration of the rule as adopted in
accordance with the Commission's rules, the Commission shall not
enforce the rule against such carrier or carriers unless and until the
Commission adopts separate and less burdensome requirements or
exemptions in accordance with subsection (a).
''(c) Additional Regulation Not Required.--Nothing in this section
shall be construed to require the Commission to adopt regulatory,
compliance, or reporting requirements of any kind for two percent
carriers where none currently exist. Nothing in this section shall be
construed to require any additional regulation to be imposed on
commercial mobile radio service.
''(d) Savings Clause.--Nothing in this section shall be construed
to prohibit any size-based differentiation among carriers mandated by
this Act, the Regulatory Flexibility Act, 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.

''The Commission shall not require a two percent carrier--
''(1) to file cost allocation manuals or to have audited or
attested such manuals; or
''(2) to file Automated Reporting and Management
Information Systems (ARMIS).

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

''The Commission shall not adopt or enforce any regulation the
purpose or effect of which is to impair the ability of a two percent
carrier to integrate its operations in one or more entities, at its
discretion. Such operations may include the provision of common carrier
and 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 or other enhanced services, or other
services. The Commission shall not require companies to which this
paragraph applies 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.
''(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 at
any time. The Commission shall not require a carrier making an election
under this paragraph with respect to any study area or areas to make
the same election for any other study area.

''SEC. 285. REVIEW OF MERGERS.

''Except as required by section 310(f), the Commission shall have
no authority to approve, disapprove, delay, condition, or modify the
terms of any merger between two percent carriers or their affiliates,
or any acquisition, directly or indirectly, by a two percent carrier or
its affiliate of the securities or assets of another two percent
carrier or its affiliate, if after the merger, the resulting entry
would still be a two percent carrier.

''SEC. 286. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO
PERCENT COMPANIES.

''Two percent carriers shall be permitted 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.

''SEC. 287. ENTRY OF COMPETING CARRIER.

''(a) Pricing Flexibility.--Notwithstanding any other provision of
this Act, any two percent carrier shall be permitted to deaverage 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 has
engaged in facilities-based entry or resale-based entry within such
carrier's service area.
''(b) Pricing Deregulation.--Notwithstanding any other provision of
this Act, the Commission shall have no authority to regulate the rates
for interstate services provided by a two percent carrier immediately
upon certifying to the Commission by such carrier that a local exchange
carrier that is not a two percent carrier has engaged in facilities-
based entry within such two percent carrier's service area.
''(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 capability; and
''(B) the provision of local exchange service to at
least one unaffiliated customer.
''(2) Resale-based entry.--The term 'resale-based entry'
means, within the service area of a two percent carrier, the
provision of telecommunications service using resale offered
under section 251(c).
''(3) 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.
''(4) Service area.--The term 'service area' has the same
meaning as in section 214(e)(5).

''SEC. 288. SAVINGS PROVISION.

''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.''.

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 the
securities or assets of another two percent carrier or its
affiliate, the Commission shall make the determination required
by subsection (d) of this section not later than 45 days after
the date the application 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.''.
(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 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
subject to the requirements of this section within this 90 day
period, the Commission's enforcement of any rule the
reconsideration 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 petition for waiver
that is submitted to the Commission on or after the date of enactment
of this Act. Pending petitions for reconsideration or petitions for
waiver shall be subject to the requirements of this section as if they
had been filed on the date of enactment of this Act.

A:
Directs the Federal Communications Commission (FCC), in adopting rules that apply to incumbent local exchange carriers, to adopt separate and less burdensome rules and requirements for two percent carriers which take into account the more limited resources available to such carriers and the greater burden such rules impose on such carriers and their customers. Authorizes a two percent carrier to seek a waiver or reconsideration of an adopted rule which does not impose less burdensome rules and requirements upon such carriers.
Prohibits the FCC from requiring a two percent carrier to file cost allocation manuals or Automated Reporting and Management Information Systems.
Prohibits the FCC from adopting or enforcing any regulation which impairs the ability of a two percent carrier to integrate its operations in one or more entities, at its discretion.
States that 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 (NECA) 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. Authorizes a two percent carrier to elect to be regulated by the FCC under price cap regulation, or to withdraw from such regulation, for one or more of its study areas at any time.
Prohibits the FCC from reviewing any mergers or acquisitions between two percent carriers or their affiliates.
Permits two percent carriers to introduce new telecommunications services by filing a tariff on one day's notice, without making any other showing before the FCC in advance of such filing.
Allows any two percent carrier to de-average its interstate switched or special rates and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the FCC that an unaffiliated carrier has engaged in facilities- or resale-based entry within such carrier's service area. Prohibits the FCC from regulating the rates charged by a two percent carrier after such certification. Allows such a carrier to participate in the common line tariff administered and filed by the NECA or any successor tariff or administrator by electing to include one or more of its study areas in such tariff.
Requires the FCC to determine: (1) within 45 days after application that the public interest, convenience, and necessity will be served by a merger or acquisition between two percent carriers; and (2) within 90 days a petition by a two percent carrier for reconsideration or waiver of a rule, policy, or other FCC requirement (as authorized under this Act).
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