Communications Act of 1995

Summary

TABLE OF CONTENTS: Title I: Development of Competitive Telecommunications Markets Title II: Cable Communications Competitiveness Title III: Broadcast Communications Competitiveness Title IV: Effect on Other Laws Title V: Definitions Communications Act of 1995 - Title I: Development of Competitive Telecommunications Markets - Amends the Communications Act of 1934 (the Act) to provide that the duty of a common carrier includes the duty to interconnect with the facilities and equipment of other providers of telecommunications and information services. Includes within the duty of a local exchange carrier specified duties with respect to: (1) interconnection; (2) unbundling of network elements; (3) resale; (4) number portability; (5) dialing parity; (6) access to rights of way; (7) network functionality and accessibility; and (8) good faith negotiation. Requires a local exchange carrier to provide, to any other carrier or person offering (or seeking to offer) a telecommunications or information service: (1) access to and interconnection with the facilities of the carrier's network at any technically feasible and economically reasonable point within the carrier's network on just and reasonable terms and conditions, upon request; and (2) reasonable and nondiscriminatory access on an unbundled basis to databases, signaling systems, poles, ducts, conduits, and rights-of-way owned or controlled by a local carrier that is at least equal to that afforded by the carrier to itself or to any other person and that is sufficient to ensure the full interoperability of the equipment and facilities of the carrier and of the person seeking such access. Sets forth provisions regarding: (1) preemption of State and local regulation of interstate or intrastate telecommunications services; (2) statements of terms and conditions for access and interconnection; (3) Bell operating company (BOC) entry into "interlata services" (telecommunications between a point located in a local access and transport area and a point located outside such area); (4) the convening of a Federal State Joint Board to recommend actions for the preservation of universal service; (5) pricing flexibility and abolition of rate-of-return regulation; (6) network functionality and accessibility; (7) illegal changes in subscriber carrier selections; (8) required periodic FCC studies regarding universal service, advanced telecommunications services for elementary and secondary school students, and accessibility by individuals with disabilities; and (9) exemptions for U.S. territories. (Sec. 103) Prohibits a BOC, directly or through an affiliate, from manufacturing or providing telecommunications equipment or manufacturing customer premises equipment until the FCC has approved verifications that such BOC and each BOC with which it is affiliated are in compliance with access and interconnection requirements. Sets forth provisions regarding: (1) information requirements; and (2) FCC administration and enforcement authority. Prohibits a BOC or any affiliate from engaging in the provision of electronic publishing that is disseminated by means of such BOC's or any of its affiliates' basic telephone service, but allows a separated affiliate or electronic publishing joint venture to engage in such activity if it is operated independently from the BOC and it meets specified requirements (e.g., maintains separate books, has no officers, director, or employees in common, does not permit the BOC to perform specified functions on behalf of a separated affiliate, and has performed annually a compliance review). Authorizes a person claiming that any act or practice of a BOC, affiliate, or separated affiliate violates this section to file a complaint with the FCC or bring suit for damages, or to apply to the FCC for a cease and desist order. Requires any separated affiliate to file with the FCC annual reports in a form substantially equivalent to the Form 10-K required by Securities Exchange Commission regulations. Prohibits any BOC or affiliate from engaging in the provision of alarm monitoring services before July 1, 2000, except for existing legal activities. Requires a common carrier engaged in the provision of alarm monitoring or telemessaging services to provide nonaffiliated entities, upon reasonable request, with the network services it provides to its own alarm monitoring or telemessaging operations, on nondiscriminatory terms and conditions. Prohibits such a carrier from subsidizing such services with revenues from telephone exchange service. Directs the FCC to establish procedures for the expedited receipt and review of complaints concerning violations that result in material financial harm to a provider of such services. (Sec. 103(sic)) Directs the FCC to forbear from applying certain provisions or regulations to a common carrier or service, or class of carriers or services, in any or some geographic markets if the FCC determines that: (1) enforcement of such provision or regulation is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that carrier or service are just and reasonable and not discriminatory; (2) such enforcement is not necessary for the protection of consumers; and (3) forbearance from applying such provision or regulation is consistent with the public interest. (Sec. 104) Sets forth provisions regarding the privacy of customer proprietary network information. (Sec. 105) Requires a utility to provide a cable television (TV) system or other provider of telecommunications services with nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by the utility. Directs the FCC to prescribe regulations for ensuring that utilities charge just and reasonable and nondiscriminatory rates for pole attachments provided to all providers of telecommunications services, which shall: (1) apportion the cost of the entire pole, duct, conduit, or right-of-way according to the percentage of usable space required for each entity; and (2) allow for reasonable terms and conditions relating to health, safety, and the provision of reliable utility service. (Sec. 106) Sets forth provisions regarding: (1) preemption of franchising authority regulation of telecommunications services; and (2) mobile service access to long distance carriers. Title II: Cable Communications Competitiveness - Authorizes a common carrier subject to the Act: (1) either through its own facilities or through an affiliate, to provide video programming directly to subscribers in its telephone service area; and (2) to provide channels of communications or pole, line, or conduit space, or other rental arrangements, to any entity which is directly or indirectly owned, operated, or controlled by, or under common control with, such carrier, if such facilities or arrangements are to be used for or in connection with the provision of video programming directly to subscribers in its telephone service area. Exempts from specified requirements under the Act an affiliate that: (1) is owned, operated, or controlled by, or under common control with, a carrier; and (2) provides video programming to subscribers in the telephone service area of such carrier, but does not utilize the local exchange facilities or services of any affiliated carrier in distributing such programming. Prohibits a carrier from providing video programming directly to subscribers in its telephone service area unless such programming is provided through a video programming affiliate that is separate from such carrier. Requires a carrier that provides video programming directly to subscribers in its telephone service area to establish a video platform, with exceptions. Sets forth provisions regarding: (1) authority of a State commission to prohibit cross-subsidization; (2) prohibition against buyouts, with exceptions; (3) rural area exemptions; (4) competition from cable systems, including the development of a National Information Infrastructure; and (5) competitive availability of navigation devices. Directs the FCC to complete an inquiry to ascertain the level at which video programming is closed captioned and to report to the Congress. Title III: Broadcast Communications Competitiveness - Requires the FCC, if it determines that it will issue additional licenses for advanced TV services, to: (1) limit the initial eligibility for such licenses to persons that, as of the date of such issuance, are licensed to operate a TV broadcast station, hold a permit to construct such a station, or both; and (2) adopt regulations that allow such licensees or permittees to offer such ancillary or supplementary services on designated frequencies as may be consistent with the public interest, convenience, and necessity. (Sec. 302) Revises provisions regarding license terms and renewal for the operation of a TV broadcast station. Increases to seven years (currently, five) the period for each license granted. Directs the FCC to continue a license in effect pending any hearing and final decision on an application and the disposition of a petition for rehearing. (Sec. 303) Requires the FCC to grant an application for a broadcast station license renewal if it finds that, during the preceding term of the station's license: (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations by the licensee of this Act or FCC rules and regulations; and (3) there have been no other violations by the licensee of this Act or FCC rules and regulations which, taken together, would constitute a pattern of abuse. (Sec. 304) Grants the FCC exclusive jurisdiction over the regulation of the direct broadcast satellite service. (Sec. 305) Specifies that a ship documented under U.S. law operating in accordance with the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio station operated by one or more radio officers or operators. (Sec. 306) Directs the FCC to promulgate regulations to prohibit restrictions that inhibit a viewer's ability to receive video programming services through signal receiving devices designed for off-the-air reception of TV broadcast signals. (Sec. 307) Includes programming of a licensee in the direct broadcast satellite service within the scope of provisions penalizing the manufacture, import, sale, or distribution of equipment that is primarily of assistance in the unauthorized decryption of satellite cable programming. Title IV: Effect on other Laws - States that this Act shall supersede the Modification of Final Judgment (i.e., the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, including any judgment or order with respect to such action entered on or after that date), with exceptions. (Sec. 402) Preempts local taxation with respect to direct broadcast satellite service. Title V: Definitions - Defines various terms used in this Act.

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Timeline

1. 3 May 1995

   Introduced

   Referred to the Committee on Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

   Source: IntroReferral

2. 3 May 1995

   Introduced

   Referred to the Committee on Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

   Source: IntroReferral

3. 3 May 1995

   Introduced

   Sponsor introductory remarks on measure. (CR H4521)

   Source: IntroReferral

4. 3 May 1995

   Introduced

   Introduced in House

   Source: IntroReferral

5. 3 May 1995

   Introduced

   Introduced in House

   Source: IntroReferral

6. 5 May 1995

   Referred

   Referred to the Subcommittee on Telecommunications and Finance.

   Source: Committee

7. 10 May 1995

   Committee

   Subcommittee Hearings Held.

   Source: Committee

8. 11 May 1995

   Committee

   Subcommittee Hearings Held.

   Source: Committee

9. 12 May 1995

   Committee

   Subcommittee Hearings Held.

   Source: Committee

10. 17 May 1995

    Committee

    Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

    Source: Committee

11. 17 May 1995

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

12. 24 May 1995

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

13. 25 May 1995

    Vote

    Ordered to be Reported (Amended) by the Yeas and Nays: 38 - 5.

    Source: Committee

14. 25 May 1995

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

15. 24 July 1995

    Calendars

    Placed on the Union Calendar, Calendar No. 105.

    Source: Calendars

16. 24 July 1995

    Discharge

    Committee on Judiciary discharged.

    Source: Discharge

17. 24 July 1995

    Committee

    Committee on Judiciary discharged.

    Source: Committee

18. 24 July 1995

    Introduced

    House Committee on Judiciary Granted an extension for further consideration ending not later than July 24, 1995.

    Source: IntroReferral

19. 24 July 1995

    Reported

    Reported (Amended) by the Committee on Commerce. H. Rept. 104-204, Part I.

    Source: Committee

20. 24 July 1995

    Reported

    Reported (Amended) by the Committee on Commerce. H. Rept. 104-204, Part I.

    Source: Committee

21. 1 August 1995

    Reported

    Rules Committee Resolution H. Res. 207 Reported to House. Rule provides for consideration of H.R. 1555 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. During the consideration of the bill in the Committee of the Whole, the Chairman of the Committee may postpone until a time during further consideration requests for a recorded vote on any amendment. Measure will be read by section. Specified amendments are in order. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Commerce now printed in the bill. Before consideration of any other amendment, it shall be in order to consider the amendment printed in part 1 of the report accompanying this resolution. If adopted, the provisions of the bill, as amended shall be considered as original text. No othe...

    Source: Floor

22. 2 August 1995

    Passed

    Rule H. Res. 207 passed House.

    Source: Floor

23. 3 August 1995

    Floor

    Committee of the Whole House on the state of the Union rises leaving H.R. 1555 as unfinished business.

    Source: Floor

24. 3 August 1995

    Passed

    On motion that the Committee rise Agreed to by voice vote.

    Source: Floor

25. 3 August 1995

    Floor

    Mr. Bliley moved that the Committee rise.

    Source: Floor

26. 3 August 1995

    Floor

    Rule provides for consideration of H.R. 1555 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. During the consideration of the bill in the Committee of the Whole, the Chairman of the Committee may postpone until a time during further consideration requests for a recorded vote on any amendment. Measure will be read by section. Specified amendments are in order. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Commerce now printed in the bill. Before consideration of any other amendment, it shall be in order to consider the amendment printed in part 1 of the report accompanying this resolution. If adopted, the provisions of the bill, as amended shall be considered as original text. No othe...

    Source: Floor

27. 3 August 1995

    Floor

    The Speaker designated the Honorable Jim Kolbe to act as Chairman of the Committee.

    Source: Floor

28. 3 August 1995

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 207 and Rule XXIII.

    Source: Floor

29. 3 August 1995

    Floor

    Considered under the provisions of rule H. Res. 207. (consideration: 8/2/95 CR H8281-8295)

    Source: Floor

30. 4 August 1995

    Floor

    The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1555.

    Source: Floor

31. 4 August 1995

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

32. 4 August 1995

    Vote

    On passage Passed by recorded vote: 305 - 117 (Roll no. 635).

    Source: Floor

33. 4 August 1995

    Vote

    Passed/agreed to in House: On passage Passed by recorded vote: 305 - 117 (Roll no. 635).

    Source: Floor

34. 4 August 1995

    Vote

    On motion to recommit with instructions Agreed to by recorded vote: 224 - 199 (Roll no. 634). (consideration: CR H8505)

    Source: Floor

35. 4 August 1995

    Floor

    The previous question on the motion to recommit with instructions was ordered without objection.

    Source: Floor

36. 4 August 1995

    Floor

    Mr. Markey moved to recommit with instructions to Commerce.

    Source: Floor

37. 4 August 1995

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

38. 4 August 1995

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

39. 4 August 1995

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1555.

    Source: Floor

40. 4 August 1995

    Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

    Source: Floor

41. 4 August 1995

    Floor

    Considered as unfinished business. (consideration: CR H8425-8507)

    Source: Floor

42. 4 August 1995

    Passed

    ORDER OF BUSINESS - Mr. Armey asked unanimous consent that when the House convenes at 8 a.m. today that there be no intervening motion from the time of convening until the Pledge of Allegiance, and that further consideration of the bill H.R. 1555 in the Committee of the Whole pursuant to H. Res. 207 shall also be governed by the following order: 1. Immediately after the Pledge, the House shall resolve into the Committee of the Whole for the further consideration of the bill pursuant to H. Res. 207; 2. consideration in the Committee of the Whole shall proceed without intervening motion except the amendments printed in House Rept. 104-223, except one motion to rise, if offered by Rep. Bliley; 3. that any amendment adopted in the Committee of the Whole shall be deemed as having been adopted in the House; and 4. that Rep. Conyers shall have permission to modify amendment No. 2-2. Agreed to without objection.

    Source: Floor

Votes

No vote records are attached yet.

Versions

• Reported in House · 24 July 1995 · Download file
• Introduced in House · 3 May 1995 · Download file

Documents

7 official files

• Passed House amended

  summary · EN · 4 August 1995

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• Reported in House (text)

  Reported in House · EN · 24 July 1995

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• Reported in House (PDF)

  Reported in House · EN · 24 July 1995

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• Reported to House amended, Part I

  summary · EN · 24 July 1995

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• Introduced in House (text)

  Introduced in House · EN · 3 May 1995

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• Introduced in House (PDF)

  Introduced in House · EN · 3 May 1995

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• Introduced in House

  summary · EN · 3 May 1995

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Sponsors

• Rep. Bliley, Tom [R-VA-7] · R · Sponsor
• Rep. Dingell, John D. [D-MI-12] · D · Sponsor
• Rep. Fields, Jack [R-TX-8] · R · Sponsor
• Rep. Moorhead, Carlos J. [R-CA-22] · R · Sponsor
• Rep. Oxley, Michael G. [R-OH-4] · R · Sponsor
• Rep. Bilirakis, Michael [R-FL-9] · R · Sponsor
• Rep. Schaefer, Dan [R-CO-6] · R · Sponsor
• Rep. Barton, Joe [R-TX-6] · R · Sponsor
• Rep. Hastert, J. Dennis [R-IL-14] · R · Sponsor
• Rep. Stearns, Cliff [R-FL-6] · R · Sponsor
• Rep. Paxon, Bill [R-NY-27] · R · Sponsor
• Rep. Gillmor, Paul E. [R-OH-5] · R · Sponsor
• Rep. Klug, Scott L. [R-WI-2] · R · Sponsor
• Rep. Greenwood, James C. [R-PA-8] · R · Sponsor
• Sen. Crapo, Mike [R-ID] · R · Sponsor
• Rep. Frisa, Dan [R-NY-4] · R · Sponsor
• Rep. White, Rick [R-WA-1] · R · Sponsor
• Sen. Coburn, Tom [R-OK] · R · Sponsor
• Rep. Tauzin, W. J. (Billy) [R-LA-3] · R · Sponsor
• Rep. Hall, Ralph M. [R-TX-4] · D · Sponsor
• Rep. Boucher, Rick [D-VA-9] · D · Sponsor
• Rep. Manton, Thomas J. [D-NY-7] · D · Sponsor
• Rep. Towns, Edolphus [D-NY-10] · D · Sponsor
• Rep. Eshoo, Anna G. [D-CA-18] · D · Sponsor
• Sen. Lincoln, Blanche L. [D-AR] · D · Sponsor
• Rep. Deutsch, Peter [D-FL-20] · D · Cosponsor
• Rep. Cox, Christopher [R-CA-48] · R · Cosponsor
• · hsju00 · Standing
• · hsif00 · Standing

Related records

• related to → Antitrust Consent Decree Reform Act of 1995
• related to → Providing for the consideration of the bill (H.R. 1555) to promote competition and reduce regulation in order to secure lower prices and higher quality services for American telecommunications consumers and encourage the rapid deployment of new telecommunications technologies.
• related to ← Telecommunications Act of 1996
• amends ← An amendment to recommend the establishment of a voluntary television rating system and to require that all television sets manufactured in or imported into the United States be equipped with program-blocking (V-Chip) technology.
• amends ← An amendment printed in House Report 104-223 as amendment No. 2-3, to provide liability protection for on-line service providers who take steps to clean up the Internet, and to bar the FCC from promulgating content standards for the Internet.
• amends ← An amendment printed inte House Report 104-223, designated as No. 1-1, to shorten from 15 to 6 months, the length of time the FCC would have to promulgate rules for implementation of the checklist provisions of the bill; and reduces the time span that a bell company must operate their long distance service through a separate subsidiary from 3 year to 18 months.
• amends ← An amendment (as modified) to require the Department of Justice to review the Bell Operating Companies entry into new markets.
• amends ← An amendment printed in House Report 104-223 as amendment No. 2-6, to recommend the establishment of a voluntary television rating system and to require that television sets manufactured in or imported into the United States be equipped with program-blocking (V-Chip) technology.
• amends ← An amendment printed in House Report 104-223, to generally prohibit the deregulation of cable rates for an existing cable system until a telephone company actually has been authorized to provide competing video services to subscribers in the same franchise area.
• amends ← An amendment printed in House Report 104-223 as amendment No. 2-1, to clarify local communities authority to manage public rights-of-way and require fair and reasonable competition for the use of those rights-of-way.

Showing 10 of 12 related records.