Telecommunications Act of 1979

Summary

Telecommunication Act of 1979 - Amends the Communications Act of 1934 to declare that it is the purpose of such Act to: (1) assure that all the people of the Nation have available, at reasonable and affordable rates, domestic telecommunications services and facilities; and (2) assure that the people, economy, and general welfare of the Nation will benefit from continuing improvements in telecommunications technology. Declares that the Federal Communications Commission shall exercise regulatory authority to the extent necessary to carry out the purposes of this Act. Allows the Commission to take any action as may be necessary to assure that the costs of the competitive activities of carriers are not borne by the users of noncompetitive services or facilities of such carriers. Defines, for the purposes of this Act, the term "interexchange telecommunications service" as the provision of telecommunications service between local exchange areas, including the local distribution of interexchange telecommunications by means other than intraexchange telecommunications facilities. Defines the term "intraexchange telecommunications service" as the provision of telecommuncations service between points within a single local exchange area. Authorizes the Commission to: (1) carry out the provisions of this title with respect to any carrier which furnishes telecommunications services or makes available telecommunications facilities, or both, between local exchange area; (2) establish and administer rules and regulations applicable to the interconnection of the facilities of interexchange telecommunications services through interconnnection with the facilities of intraexchange carriers; (4) review, approve, disapprove, or modify request for the pooling of revenues by interexchange carriers and intraexchange carriers; and (5) administer the National Telecommunications Pool, upon the termination of the transitional joint board established by this Act. Requires the State communications commission of each State, not later than one year after the date of enactment of this Act, to establish boundaries for local exchange areas in such State. Declares that, subject to the authority of the Federal Communications Commission, the State shall exercise exclusive regulatory authority with respect to any telecommunications service to the extent such service originates and terminates in any such local exchange area. Declares that no interexchange carrier, other than any carrier classified as a dominant carrier by the Commission, shall be subject to any regulatory authority of the Commission, except that the Commission shall: (1) have authority to require the payment of an intraexchange access fee by any interexchange carrier for interconnection with the facilities of any intraexchange carrier; (2) have authority to establish standards to promote the national defense and security and the emergency preparedness of the Nation; and (3) require, and provide for the regulation of basic telecommunications service so that such service is available at reasonable and affordable rates. Requires the Commission, in accordance with the provisions set forth in this Act, to classify interexchange carriers according to whether each such carrier is a dominant carrier. Declares that a dominant carrier shall not be subject to any regulatory authority of the Commission in connection with the offering of any telecommunications service (other than basic telecommunications service) in a particular market or submarket if such dominant carrier: (1) establishes a fully separated subsidiary, in accordance with the Act, to offer such service in such market or submarket; and (2) utilizes a cost accounting system designated to ensure that the costs of such fully separated subsidiary are not subsidized by revenues of such dominant carrier from telecommunications services or facilities which are subject to the regulatory authority of the Commission or the State communications commmission. Sets forth the requirements applicable to the furnishing of telecommunications services or facilities by dominant carriers and by intraexchange carriers. Declares that any dominant carrier which is subject to any consent judgement or decree entered into before the date of enactment of this Act, and any company or other business organization affiliated with such carrier, may provide any service, facility, or product which is not subject to the regulatory authority of the Commission or to the regulatory authority of any State Commission and which is: (1) a telecommunications service, facility, or product; or (2) a service, facility, or product which is incidental to telecommunications. Grants the Commission, in disputed cases, the authority to determine whether any service, facility, or product is incidental to telecommunications. Establishes a transitional joint board for the purpose of: (1) providing for an orderly transition to the system of intraexchange access fees established by this Act; (2) ensuring equitable economic treatment of subscribers to basic telecommunications service, and of competing interexchange carriers; and (3) ensuring equitable treatment of terminal equipment and related facilities in use on the date of enactment of this Act, and ensuring the continued availability of such equipment and related facilities to customers. Declares that the authority of the transitional joint board with respect to the functions established by this Act shall supersede the authority of any joint board in existence on the date of enactment of this Act. Declares that the transitional joint board shall have the authority to perform such acts, to establish such rules and regulations, and to issue such orders as are consistent with the provisions of this Act and as may be necessary to carry out its functions. Requires such board to submit annual reports to each House of Congress with respect to its activities. Terminates the transitional joint board at the end of the 45-month period following the date of enactment of this Act. Transfers the functions and duties of such board, upon its terminaton, to the Commission. Establishes a system of intraexchange access fees for the use of intraexchange telecommunications services by interexchange carriers and other customers in order to achieve specified functions. Requires each intraexchange carrier, with specified exceptions, to submit to the Commission a schedule of fees for the use of its telecommunications services or facilities by all interexchange carriers and other customers which use the facilities of such intraexchange carrier through interconnection with such facilities. Directs the Commission to approve, disapprove, or modify any such schedule of fees to ensure that such fees are consistent with the provisions of this Act. Establishes a Natonal Telecommunications Pool which shall be administered by the transitional joint board, until the termination of such board, at which time the Pool shall be administered by the Commission. Requires intraexchange access fees, in such amounts as may be allocated by the transitional joint board, to be deposited into the National Telecommunications Pool to be disbursed by such board in order to ensure the alleviation of the effects of any substantial or undue increases in charges for intraexchange or interexchange telecommunications services or facilities. Requires each dominant carrier or other interexchange carrier to maintain a system of accounting methods, procedures, and techniques which shall be established by the Commission to ensure a proper allocation of costs to, and among, various telecommunications services, facilities, and products which are offered by such carrier or any affiliate of such carrier and are subject to the regulatory authority of the Commission. Requires the Commission to submit an interim report to each House of Congress, not later than 18 months after the date of enactment of this Act, including a summary of action taken by the Commission to establish such accounting system. Requires the Commission to submit a final report to Congress as soon as practicable after the establishment of such accounting system. Allows any carrier, with specified stipulations, to engage in any meeting with any other carrier for purposes of planning or agreeing to: (1) the design, plan, construction, and maintenance of any network of telecommunications services or facilities; (2) the development of technical standards applicable to such services and facilities; and (3) any tariff for the provision of joint and through services. Requires a transcript of such meeting to be filed immediately with the Commission and to be available at the offices of the Commission for public inspection not later than 30 days after the meeting involved is conducted. Authorizes the President to require any carrier subject to the provisions of this Act to furnish telecommunications services or facilities to any Federal agency if the President determines that: (1) the provision of such services or facilities is necessary to promote the national defense and security or the emergency preparedness of the Nation; and (2) all other means of obtaining such services and facilities have been exhausted. Declares that the provisions of the Act relating to payment for such services shall apply if such a determination is made by the President. Declares that nothing in this Act shall be construed to affect in any manner the applicability of the Federal antitrust laws, or to express in any manner the sense of the Congress with respect to any litigation which is pending on the date of enactment of this Act.

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2 official files

• Reported to House amended, Part I

  summary · EN · 25 August 1980

  Open at official source

• Introduced in House

  summary · EN · 13 December 1979

  Open at official source

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