Communications Competitiveness and Infrastructure Modernization Act of 1990

Summary

Communications Competitiveness and Infrastructure Modernization Act of 1990 - Amends the Communications Act of 1934 to prohibit a telephone company from providing video programming in its telephone exchange service area unless such video programming is provided through a subsidiary that is separate from such carrier and that: (1) maintains separate books and accounts; (2) carries out directly its own marketing and sales; and (3) does not own real or personal property in common with the parent telephone company. Requires any contract between a telephone company and its video programming subsidiary to be regulated by the Federal Communications Commission (FCC) and be without cost to ratepayers of the telephone company involved. Allows such requirement to be waived by the FCC in the public interest. Prohibits a carrier which provides telephone exchange service from subsidizing directly or indirectly its separate video program subsidiary, subject to divestiture by the FCC. Prohibits a video program packager from providing affiliated video programming services in excess of one-fourth of the total number of video program services simultaneously available for customer selection. Requires the FCC to evaluate and, if necessary, modify such prohibition. Requires any carrier which provides telephone exchange service and video program service of a subsidiary over an integrated broadband distribution system in its telephone service exchange area to establish a video gateway (a service which enables a subscriber to select from multiple video programming services simultaneously available). Requires the FCC to establish terms and conditions for access to such gateway. Prohibits a carrier which provides telephone exchange service, or an entity owned by or controlled by such carrier, from purchasing or obtaining control over any cable system which is located within its exchange area and owned by an unaffiliated person, except for a noncontrolling interest purchase through a joint venture or other means. Authorizes the FCC to waive such prohibition upon a showing by the carrier that the cable facilities will be upgraded and the services will be expanded, the acquisition is in the public interest, and the local franchising authority approves. Requires a carrier attempting to provide both telephone exchange service and video program service to provide to unaffiliated cable operators attachment rights to poles, ducts, conduits, and other rights-of-way within the carrier's telephone exchange service area. Prohibits the employee of a telephone exchange service provider from marketing or selling video program services to such carrier's telephone exchange service customers. Requires the FCC to convene a Federal-State Board to establish practices, classifications, and regulations to ensure proper jurisdictional separation and allocation of the costs of providing broadband services, including video transport services. Prohibits a video programming subsidiary of a telephone exchange service carrier from charging a local broadcast station for making its signal available to subscribers. Prohibits a Federal agency or State from regulating the rates for basic cable service charged by a carrier providing both telephone exchange and video program service in a rural area unless the rates are increased by more than five percent per year or more than ten percent of such customers have filed a formal complaint. Prohibits any cable operator which is owned or controlled by a carrier that provides telephone exchange service and seeks to provide cable service over a cable system from providing cable service without a franchise. Sets forth franchising awarding and second refusal procedures.

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Documents

4 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Reported to Senate with amendment(s)

  summary · EN · 12 September 1990

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• Introduced in Senate

  summary · EN · 27 June 1990

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