roundtable: Text on conference committee language 12-12-95
roundtable: Text on conference committee language 12/12/95
Text on conference committee language 12/12/95
W. Curtiss Priest (BMSLIB@mitvma.mit.edu)
Thu, 14 Dec 95 10:55:35 EST
Message-Id: <9512141555.AA04267@a.cni.org>
Date: Thu, 14 Dec 95 10:55:35 EST
From: "W. Curtiss Priest" <BMSLIB@mitvma.mit.edu>
Subject: Text on conference committee language 12/12/95
To: Telecommunications Policy Roundtable <ROUNDTABLE@CNI.ORG>
Web page: HTTP://www.bell.com:80/121395.html
CONGRESS OF THE UNITED SATES
Washington, DC 20515
December 12, 1995
________________________________________________________________________________
Telecommunications Conference
Staff Recommendations for Resolution of Issues
________________________________________________________________________________
TITLE I - TELECOMMUNICATIONS SERVICES
**l. Access by Persons with Disabilities
> Senate Bill: Within 2 years, the FCC must ensure that telecommunication
> services and equipment are accessible to and usable by individuals with
> disabilities, if readily achievable.
> House Bill: Within one year, the FCC must ensure that, if readily
> achievable, advances in network services deployed by all common carriers,
> telecommunications equipment manufactures, and customer premises equipment
> manufactures are accessible and usable by individuals with disabilities.
> Staff Recommendation: Recede to the House with modifications clarifying
> that prohibition against private rights of action do not preclude actions
> allowed under the Communications Act.
2. Coordination for Interconnectivity
> Senate Bill: Requires interconnection of telecommunications network to
> ensure seamless and transparent transmission of voice, date, and
> information. Permits the FCC to participate in voluntary, industry
> standard-setting organizations to promote "network-level interoperability."
> House Bill: Requires the FCC to establish procedures to coordinate future
> network planning by telephone companies and telecommunications providers.
> The bill also permits the FCC to participate in the voluntary establishment
> of interconnection standards by appropriate industry standard-setting
> organizations.
> Staff Recommendation: Recede to House with modification which adds a
> "savings clause" to clarify that this section does not modify current FCC
> authority.
**3. Market Entry Barriers
> Senate Bill: No provision.
> House Bill: Requires the FCC to complete proceedings to identify and
> eliminate market entry barriers for entrepreneurs and other small businesses
> in the provision or ownership of telecommunications and information services.
> Staff Recommendation: Recede to the House.
** 4. Pricing Flexibility and Abolition of Rate of Return Regulation
> Senate Bill: Requires alternate forms of price regulation, not
> rate-of-return, within one year, regardless of whether the "openness"
> requirements have been met. The bill would allow the FCC to consider
> profitability when using an alternate form of regulation.
> House Bill: Establishes a process so that a local exchange carrier can
> apply for pricing flexibility from Federal or State authorities in the
> offering of telecommunications services that have or are substantially
> certain to become subject to competition. The FCC must establish criteria
> and a list of acceptable alternative pricing procedures for determining when
> and what type of pricing flexibility is appropriate. The State commissions
> may choose and utilize a pricing flexibility approach from the list
> established by the FCC. Applications for pricing flexibility must be
> approved or rejected in 180 days. Requires the FCC and States in which a
> local exchange carrier has complied with access and interconnection
> requirements to abolish rate-of-return regulation in favor of some other
> scheme. Further, where a local exchange carrier is subject to competition
> that effectively prevents unjust and unreasonable rates, all price
> regulation is terminated.
> Staff Recommendation: Eliminate both provisions.
**5. Illegal Changes in Subscriber Carrier Selections
> Senate Bill: No provision
> House Bill: Prohibits carriers from changing a customer's long distance
> company except in accord with FCC verification procedures. Permits states to
> enforce such anti-slamming procedures with respect to intrastate services.
> Provides that a carrier that violates the verification procedures for
> changing carriers is liable for charges received from a subscriber to the
> carrier previously selected by the subscriber.
> Staff Recommendation: Recede to the House.
**6. Infrastructure Sharing
> Senate Bill: Directs the FCC to prescribe regulations requiring local
> exchange carriers to make available to any qualifying carrier such public
> switched network infrastructure, technology, information and telecommunicatio
> ns facilities and functions requested by such carrier for purposes of
> providing telecommunications services in the service area where designated
> as an eligible carrier.
> House Bill: No comparable provision.
> Staff Recommendation: Recede to the Senate.
**7. Study
> Senate Bill: No provision
> House Bill: Requires the FCC to conduct a study within three years
> reviewing: (1) continued adequacy of the universal service definition, (2)
> the extent to which the technological advances have reached elementary and
> secondary classrooms, and (3) whether the disability access requirements
> have been adequately met.
> Staff Recommendation: Recede to the Senate.
** 8. Electronic Publishing and Information Services
> Senate Bill: : Requires a Bell company to offer information services
> through a separate subsidiary, prohibits joint marketing with local services
> unless a competitor may do so, and requires non-discriminatory cost-based
> access for unaffiliated information services providers.
> House Bill: Allows the Bell Operating Companies to provide electronic
> publishing through a separate subsidiary with safeguards, including separate
> books and financing, and prohibitions against cross-subsidies and
> discrimination against unaffiliated electronic publishers. Bell companies
> may only joint market on inbound calls, but all restrictions on the Bell
> companies sunset in the year 2000.
> Staff Recommendation: Recede to the House; however, duration of separate
> subsidiary and "private right of action" provisions unresolved.
**9. Alarm Monitoring
> Senate Bill: Authorizes a Bell operating company to provide alarm
> monitoring services four years after the date of enactment if the Bell
> operating company has been authorized by the FCC to provide in-region long
> distance service and requires the FCC to establish rules, including joint
> marketing and customer proprietary network information (CPNI), governing the
> provision of alarm services by a Bell operating company. Grandfathers any
> alarm monitoring services provided by a Bell company that was in that
> business as of June 1, 1995, as long as certain conditions specified in that
> subsection are met.
> House Bill: Prohibits Bell entry into alarm monitoring for six years, but
> grandfathers any Bell company that provided alarm services on January 1,
> 1995 without any limitation on new acquisitions (this applies to Ameritech).
> The bill prohibits cross-subsidies and discrimination against alarm and
> telemessaging companies and requires the Bells to open their network to
> competitors offering these services. Finally, complaints concerning
> violations of these provisions must be resolved within 120 days.
> Staff Recommendation: Recede to House with modifications. Specifically,
> accept grandfathering provision, delay entry by Bells for five years and
> require that Bells must use a separate subsidiary to provide alarm
> monitoring, and accept CPNI rules for alarm industry.
**10. Pay Phones
> Senate Bill: Prohibits Bell company cross-subsidies and discrimination in
> pay phone business.
> House Bill: Prohibits Bell companies from subsidizing and discriminating in
> favor of their payphone service. In addition, within 9 months after
> enactment, the FCC is directed to require the installment of a per call
> compensation plan for long distance and toll calls made. The bill allows
> Bell companies to, in conjunction with the location owner, to select and
> contract with the long distance company of their choice. Allows all payphone
> providers to choose, with the agreement of the location provider, the
> carrier for short haul toll calls. The bill would not effect existing
> contract with location owners. The bill provides a preemption of State
> requirements when they conflict with FCC regulations.
> Staff Recommendation: Recede to House with modification clarifying that it
> is the location provider which has the final determination in selecting and
> contracting with carriers of interLATA telephone services.
TITLE III - BROADCAST SERVICES
11. Broadcaster Spectrum Flexibility
> Senate Bill: Does not require the FCC to assign licenses for advanced
> television services (ATV) to incumbent broadcasters. If the FCC issues such
> licenses, the bill would allow licensees to use any ATV spectrum they
> receive for other unrelated services, provided they provide at least one
> advanced TV service. S. 652 provides that a TV station is not relieved from
> its obligation to serve the public interest, convenience, and necessity.
> Requires that FCC review of renewal applications of licensees who provide
> ancillary and supplemental service to ensure that all of its program
> services available to the general public on the existing or advanced
> television spectrum are in the public interest. A violation of the FCC's
> rules applicable to ancillary and supplemental services shall reflect upon a
> licensee's qualifications for renewal. S. 652 requires an annual fee if the
> television licensee is directly or indirectly compensated for the provision
> of ancillary or supplementary services. The fee should not exceed an amount
> equivalent on an annualized basis to the amount paid by providers of a
> competing service on spectrum subject to auction.
> House Bill: Directs the Commission, if the Commission issues licenses for
> advanced television services, to limit the initial eligibility to incumbent
> broadcast licenses and authorizes the Commission to adopt regulations that
> would permit broadcasters to use such spectrum for ancillary or
> supplementary services. The use of the frequency for ancillary or
> supplementary services must be consistent with the technology or method
> designated by the Commission for the provision of advanced television
> services. The Commission's rules must avoid the derogation of any advanced
> television services. Commission regulations of ancillary and supplementary
> services must be applicable to such analogous services by any other person.
> The Commission must also adopt any technical or other requirements necessary
> to assure signal quality for ATV services and may review its rules regarding
> minimum broadcast hours for both NTSC and ATV services. The House bill
> specifically directs the Commission to precondition the issuance of licenses
> for advanced television services so that either that license or the license
> for the NTSC service must be surrendered. The surrendering of the license
> will be determined by the Commission based on the public acceptance of the
> ATV technology through the purchase of new TV receivers or the potential
> loss of reception for a substantial portion of the population. The House
> bill requires the broadcaster to pay a fee for any ancillary or
> supplementary use of its license involving a subscription or compensation
> apart [from] commercial advertising. The fees, to the maximum extent
> feasible, should be equal to but not exceed the amount the public would have
> received had the spectrum been subject to an auction. The House bill
> requires the Commission to evaluate the acceptance of ATV services by the
> public within 10 years.
> Staff Recommendation: Recede to the House with modifications eliminating
> the criteria for determining when the licenses must be returned and the
> requirement that the returned spectrum be auctioned. Further, clarify that
> the Act's public interest obligations extend to the new licenses and
> services. Finally, direct that if the FCC issues additional licenses for ATV
> services, it should limit the initial eligibility to broadcast licensees.
**12. Terms of Licenses
> Senate Bill: Extend licensee terms for broadcast licensees to ten years
> from the current 5 years for TV and 7 years for radio.
> House Bill: Extends license terms to seven years.
> Staff Recommendation: Recede to the House with modification extending the
> term to eight years.
**13. Broadcast License Renewal Procedures
> Senate Bill: Amends current renewal procedures to give the incumbent
> broadcaster the ability to apply for its license renewal without competing
> applications. A broadcaster would apply for its renewal, and the FCC would
> grant such a renewal, if during the preceding term of its license the
> station has served the public interest, convenience, and necessity, has not
> made any serious violations of the Act or FCC rules, and has not, though
> other violations shown a pattern of abuse. The FCC may not consider the
> qualifications of a person other than the renewal incumbent prior to its
> decision to approve or deny the renewal application. The provision requires
> the incumbent licensee as part of its renewal application to summarize any
> complaints it has received with respect to violent programming.
> House Bill: Similar provision.
> Staff Recommendation: Recedes to the House with modification including the
> Senate requirement that licensee summarize violent programming complaints as
> part of its renewal application.
**14. Exclusive Federal Jurisdiction Over Direct Broadcast Satellite Service
> Senate Bill: Amends the Act to clarify that the FCC has exclusive
> jurisdiction to regulate the provision of direct-to-home satellite services.
> Direct-to-home satellite services means the broadcasting of programming or
> services by satellite directly to the subscriber's premises without the use
> of ground receiving or distribution equipment, except at the subscriber's
> premises, or used in the initial uplink process to the direct-to-home
> satellite.
> House Bill: Amends the Act to clarify that the FCC has exclusive
> jurisdiction over the regulation of direct broadcast satellite (DBS) service.
> Staff Recommendation: Recede to the Senate.
**15. Automated Ship Distress and Safety Systems
> Senate Bill: Provides that ships shall not be required to be equipped with
> a radio telegraphy station operated by one or more radio officers or
> operators.
> House Bill: Identical provision.
> Staff Recommendation: Recede to the Senate.
**16. Restrictions on Over-the-air Reception Devices
> Senate Bill: No provision.
> House Bill: Directs the FCC to promulgate regulations prohibiting
> restrictions which inhibit a viewer's ability to receive video programming
> from over-the-air broadcast stations or direct broadcast satellite services.
> Staff Recommendation: Recede to the House with modifications (adding MMDS
> antennas).
**17. Delegation of Equipment Testing and Certification to Private Laboratories
> Senate Bill: Permits the Commission to use private organizations for
> testing and certification of communications devices and home electronic
> equipment.
> House Bill: Identical provision.
> Staff Recommendation: Recede to the Senate with modification.
**18. Direct Broadcast Satellite Signal Security
> Senate Bill: Amends the Act to extend the current legal protection to
> satellite delivered video or audio programming intended for direct receipt
> by subscribers in their residences or in their commercial or business
> premises.
> House Bill: Amends the Act to extend the current legal protection against
> signal piracy to DBS.
> Staff Recommendation: Recede to the Senate.
TITLE III - CABLE SERVICES
19. Competition from Cable Systems
> Senate Bill: Amends the definition of "cable system" to clarify that it
> does not include a system that serves subscribers without using any public
> right of way; eliminates the ability of a single subscriber to initiate a
> rate complaint proceeding but would permit a local franchising authority,
> city officials or state regulators to file a complaint in order to trigger a
> rate inquiry; allows rate regulation of the cable programming services tier
> only when rate increases substantially exceed the national average for
> comparable services; deregulates upper tier programming for cable systems
> with fewer than 35,000 subscribers in one market; amends the definition of
> effective competition to deregulate both basic and upper tier programming
> when a telephone company offers cable service in that area.
> House Bill: Amends the definition of "cable system" by adding "or use" to
> the definition, reflecting the evolution of video programming toward
> interactive services; permits geographic clustering of cable systems;
> deregulates equipment, installations, and additional connections relating to
> the cable programming tier upon effective competition by a common carrier
> authorized to provide video dialtone service in a cable franchise area, a
> common carrier has been authorized to provide video programming by the FCC
> or within 270 days from the adoption of the video platform rules; limits
> basic tier rate increases to once every 6 months and permits cable operators
> to implement; permits cable operators to aggregate equipment costs into
> broad categories; eliminates the ability of a single subscriber to initiate
> a rate complaint proceeding at the FCC by requiring the Commission to
> receive complaints from 3% of a system's subscribers or 10 subscribers,
> whichever is greater, before initiating a rate case; directs the FCC to
> resolve rate cases within 90 days and clarifies that the Commission's scope
> of review is limited to the last incremental programming service tier rate
> increase; clarifies that a cable operator must comply with the uniform rate
> structure requirement in the Cable Act only with respect to regulated
> services; exempts bulk discounts to multiple dwelling units from the uniform
> rate structure requirement; adds a fourth effective competition test for
> effective competition at which point the cable programming services tier
> would be deregulated; deregulates the cable programming services tiers of
> small companies and the basic service tier of small company systems that
> offer only a single tier of service; prohibits States or franchising
> authorities from regulating in the areas of technical standards, customer
> equipment and transmission technologies; prohibits any regulation preventing
> a cable operator's use of any security system, including scrambling; directs
> the FCC to set only minimal standards when implementing regulations to
> assure compatibility between cable "set-top" boxes, televisions, and video
> cassette recorders, and to rely on the marketplace for other features,
> services, and functions to ensure basic compatibility; clarifies that a
> cable operator may move any service off the basic service tier at its
> discretion, other than the local broadcast signals and access channels
> required to be carried on the basic service tier; provides cable operators
> with the flexibility to use "reasonable" written means within 30 days to
> convey rate and service changes to consumers; Allows cable franchise to
> include losses incurred prior to the 1992 Cable Act in their rates.
> Staff Recommendation: Recede to the House with modifications of House
> provisions on: amending the cable definition, cable equipment compatibility,
> technical standards, subscriber notices, and treatment of prior year losses.
> Adopt the Senate provision changing the rate regulation complaint threshold
> with time limits on the filing of the franchise authority complaints.
> Establish a date certain for upper tier deregulation; increase the size of
> the small cable operator relief for franchise areas with fewer than 35,000
> to 50,000; provide for a new interim effective competition test under which
> basic and cable programming tiers are deregulated when a telephone company
> offers cable service by any means that is comparable to the competing cable
> system; and add a new provisions to eliminate FCC rules on anti-trafficking
> and allows cable operators to aggregate costs of equipment into broad
> categories; and include a modified House provision allowing for multiple
> dwelling units discounts, which permits bulk discounts unless a competitor
> demonstrates there is predatory pricing. Deletes House provisions on
> clustering, equipment deregulation, basic tier rate review, signal security,
> and basic tier migration.
20. Telephone Company Providing Video Programming
> Senate Bill: Eliminates the ban on telephone companies' offering video
> programming directly to subscribers in their service areas. Telephone
> companies that use their networks to transmit video programs provided on a
> common-carrier basis would not be regulated as a cable operator, nor would
> program providers. Telephone companies that provide video to subscribers
> through a system not open to any programmer, or through a cable system,
> would be regulated as cable operators. Any telecommunications carrier may
> offer video through a video platform.
> House Bill: Eliminates the ban on telephone companies offering video
> programming directly to their subscribers in their service area. Telephone
> companies providing video programming would be regulated according to the
> system they use to deliver video, with existing rules applying to
> traditional cable or "wireless" cable systems and a new set of reduced
> regulation for "video platforms".
> Staff Recommendation: Eliminates ban on telephone company provision of
> video programming and provides for the regulation of telephone companies
> providing video according to the service provided - wireless, MMDS, cable,
> or common carrier (pure "transport") - and creates a new Title VI entity
> known as an "open video system" which incurs some Title VT requirements and
> is required to provide at least 2/3 of its capacity to unaffiliated
> programmers, but not is not required to obtain a local franchise.
**21. Prohibition on Buy-outs
> Senate Bill: Bars telephone companies and their affiliates from acquiring
> more than 10 percent of, or any "manageable interest" in, a cable operator
> in the same market. The same restriction applies to cable companies'
> investments in local phone companies. The bill prohibits joint ventures
> between telephone companies and cable companies within their markets. The
> bill provides an exception to the prohibition in rural areas with fewer than
> 50,000 residents, outside an urbanized area. Under the Senate bill, the FCC
> may grant a waiver upon a showing of undue economic distress for the local
> telephone company or cable company, or if the system or facilities would not
> be economically viable, or the anticompetitive effects of the proposed
> transaction are clearly outweighed in the public interest by the probable
> effect of the transaction meeting the convenience and needs of the community
> to be served. The Senate bill also permits acquisitions of cable systems
> with under 20,000 subscribers provided that no more than 12,000 of which are
> in an urbanized area.
> House Bill: Contains a general prohibition on buy-outs by a common carrier
> of a cable system within its service territory. The bill sets out exceptions
> to the prohibition (1) where the cable system serves a rural area; (2) the
> total number of subscriber served by the cable system add up to less than 10
> percent of the households served by the carrier in the telephone service
> area, and no system serves a franchise area with more than 35,000
> inhabitants for an affiliated system, or more than 50,000 inhabitants for
> any system m that isn't affiliated with any system whose franchise area is
> contiguous; (3) the exemption would permit a carrier to obtain, by contract
> with a cable operator, the use of the "drop" from the curb to the home that
> is controlled by the cable company, provided the Commission determines such
> use was reasonably limited in scope and duration; and (4) the cable system
> is located outside the top 25 markets where there is more than one cable
> system in the market and the subject cable system is not the largest system
> and is not owned by any of the top 50 largest cable operators. The House
> bill also allows waivers upon a showing of undue economic distress.
> Staff Recommendation: Recede to the Senate with modifications including
> combining the House and Senate exceptions, waiver, and acquisition of small
> system provisions.
**22. Preemption of Franchising Authority Regulation of Telecommunications
Services
> Senate Bill: Prohibits a franchising authority from requiring a cable
> company to obtain an additional franchise to provide local telephone service.
> House Bill: Essentially the same as the Senate bill.
> Staff Recommendation: Recede to the House with modifications.
23. Competitive Availability of Navigation Devices
> Senate Bill: No comparable provision.
> House Bill: Requires the FCC to assure that consumers could purchase from
> manufacturers and retailers the set-top boxes used with cable TV, video
> platform and other subscription services. The bill would allow cable
> companies and other subscription services to continue supplying the set-top
> boxes, provided the charge for the equipment was not subsidized by their
> subscription fees. The FCC's rules could not promote theft of service or
> impede providers from preventing such thefts. The FCC would also have to
> waive its rules temporarily where necessary to promote new or improved
> technology or services. The rules sunset when the FCC determines there are
> competing sources of set top boxes.
> Staff Recommendation: Recede to the House with modifications limiting the
> application of FCC rules to equipment for services by multichannel video
> distributors and requiring that the FCC consult with appropriate voluntary
> standard-setting organizations when designing such rules. Adopt a savings
> clause clarifying that the provision neither extends or limits current FCC
> authority.
**24. Video Programming Accessibility
> Senate Bill: Directs the Commission to ensure video programming is
> achievable through closed captioning, if "readily achievable." Readily
> achievable standard is the same standard as for access to telecommunications
> equipment and services.
> House Bill: Requires the Commission to conduct an inquiry and, based on the
> findings, establish a schedule of requirements for closed captioning.
> Requirements cannot be economically burdensome on program providers. Also
> directs the FCC to conduct an inquiry on the use of video description on
> video programming.
> Staff Recommendation: Recede to the House with modifications clarifying
> that prohibition against private rights of action do not preclude actions
> allowed under the Communications Act.
25. Technical Amendments
> Senate Bill: : Contains no provision.
> House Bill: Clarifies retransmission of superstations; clarifies the market
> for must-carry to be determined by the FCC based on commercial publications
> delineating TV markets by viewing patterns; requires the Commission to act
> within 120 days after a must-carry complaint is filed; requires the
> Commission to assume that a must-carry request pending at the date of
> enactment is still valid and the FCC should respond.
> Staff Recommendations: Recede to the House.
TITLE IV - REGULATORY REFORM
26. Forbearance
> Senate Bill: : Empowers the FCC to forbear from applying any regulations or
> provisions of the 1934 Act to a telecommunications carrier or service, or to
> a class of carriers or services in any or some geographic area if the FCC
> makes certain determinations. They include determinations that: (1)
> enforcement is not needed to ensure the charges, practices, classifications
> or regulations of the carrier or carriers are just and reasonable and not
> unjustly or unreasonably discriminatory: (2) enforcement is not needed to
> protect consumers or the provision of universal service; and (3) forbearance
> is in the public interest. The provision directs the FCC, in making its
> determination to consider whether forbearance will promote competitive
> market conditions -- including the extent it will enhance competition among
> providers of telecommunications services. If the FCC determines that
> forbearance will promote competition among carriers, that finding may form
> the basis of a finding that forbearance is in the public interest.
> House Bill: Directs the FCC to forbear from applying regulations of Title
> II of the bill or other common carrier regulations (with a few exceptions
> needed to ensure consumer protection or further the public interest). The
> Commission is required to take into account whether forbearance from these
> regulations would promote market competitiveness and enhance competition.
> Staff Recommendation: Recede to the Senate with modifications including
> taking the House language on the determination that enforcement of a
> regulation or provision is not necessary for the protection of consumers.
> Provision would amend Title I of the Act.
27. Regulatory Reform
> Senate Bill: Speeds up FCC action for phone companies by making any revised
> charge that reduces rates effective 7 days after it is filed with
> Commission; rate increases will be effective 15 days after submission. To
> block such changes, the FCC must justify its actions. Eliminate arcane
> requirement that phone companies must file any line extension with
> Commission. Phone companies will only have to file cost allocation manuals
> on a yearly basis.
> House Bill: No provision.
> Staff Recommendation: Recede to the Senate.
**28. Elimination of Unnecessary Commission Regulations and Functions
> Senate Bill: Repeals FCC requirement setting depreciation rates for
> telecommunications carriers' assets; allows the FCC to hire independent
> auditors to audit telecommunications carriers; directs the FCC to speed and
> simplify its work with State regulators; privatizes ship radio inspection;
> allows the FCC to waive requirements that broadcasters obtain construction
> permits; and terminates a broadcaster's license if the station failed to
> transmit signals for 12 consecutive months. Proposal would also permit ITFS
> applications to be decided pursuant to delegated authority; eliminate FCC
> hearing prior to changing a broadcaster's frequency, power or hours of
> operation; privatize ship radio and domestic aircraft or personal radio
> services; remove 30 day waiting period for FCC to license fixed microwave
> communications and other miscellaneous reform.
> House Bill: No comparable provisions but there are similar provisions to
> the Senate's provisions contained in FCC Authorization bill, approved by the
> Commerce Committee that are noncontroversial.
> Staff Recommendation: Recede to Senate with modifications reflecting
> language in House FCC Authorization bill. In addition, allows the FCC to
> "carry-over" auction revenues.
TITLE V - BROADCAST OBSCENITY AND VIOLENCE
**29. Obscene Programming On Cable Television
> Senate Bill: Increases the maximum fine under the Act for transmitting
> obscene programming on cable television from $10,000 to $100,000.
> House Bill: No comparable provision.
> Staff Recommendation: Recede to the Senate.
**30. Broadcasting Obscene Language on Radio
> Senate Bill: Amends existing law to increase the maximum fine for
> broadcasting obscene language on radio from $10,000 to $100,000.
> House Bill: No comparable provision.
> Senate Recommendation: Recede to the Senate.
**31. Scrambling of Cable Channels For Nonsubscribers
> Senate Bill: Requires cable television operators to fully scramble or
> otherwise block upon subscriber request and at no charge to the subscriber,
> the audio and video portions of programming which the subscriber deems
> unsuitable for children.
> House Bill: No comparable provision.
> Staff Recommendation: Recede to the Senate.
32. Scrambling of Sexually Explicit Adult Video Service Programming
> Senate Bill: Requires that cable operators fully scramble or block all
> adult programming so that nonsubscribers do not receive the signals.
> House Bill: No provision.
> Staff Recommendation: Recede to Senate with modification clarifying the
> standard to be used by cable operators determining programming to be blocked.
**33. Cable Operator Refusal To Carry Certain Programs
> Senate Bill: Gives cable operators the authority to refuse to transmit any
> public access or leased access program or portion of a public access program
> which contains obscenity, indecency or nudity.
> House Bill: No comparable provision.
> Staff Recommendation: Recede to the Senate.
**34. Parental Choice in Television Programming/Technology Fund, "V-Chip"
> Senate Bill: Gives the industry one year to voluntarily develop a ratings
> system for TV programs. If the industry fails to do so, a federal TV Ratings
> Commission would set the ratings. The Commission would be appointed by the
> President, subject to confirmation by the Senate and would establish rules
> for rating the level of violence and other objectionable content in
> programs. The Board would also establish rules for TV broadcasters and cable
> systems to transmit the ratings to viewers. The Commission would be
> authorized the funds necessary to carry out its duties. The Senate Bill
> requires TV manufacturers to equip all 13 inch or greater TV sets with
> circuitry to block rated shows.
> House Bill: Gives the cable and broadcast industries one year to
> voluntarily develop ratings for video programming containing violence, sex
> and other indecent materials and to agree voluntarily to broadcast signals
> containing such ratings. If the industry fails to come up with an acceptable
> plan, the FCC must develop guidelines for rating programs based on
> recommendations from an advisory committee that is fairly balanced
> politically. Once a program is rated, the broadcasters must transmit the
> signal of the rating. The House bill requires TV manufacturers to equip 13
> inch or greater sets with circuitry that will enable the set to block out
> all programs with a common rating. Also encourages broadcast, cable,
> satellite, syndication, and other video programming distributors to
> establish a technology fund to encourage TV and electronics equipment
> manufacturers to facilitate the development of blocking technology that
> would empower parents to block TV programming they deem inappropriate for
> their children. These distributors should report to the public on the
> development of such policy. The government should evaluate industry's
> efforts within one year. A General Accounting Office (GAO) audit on blocking
> technology is required within 18 months.
> Staff Recommendation: Recede to the House with modifications to the
> development of the technology fund and to provide for expedited judicial
> review for a constitutional challenge to the provision.
**35. Relationship to Other Laws
> Senate Bill: Overturns the 1982 Consent Decree but only to the extent that
> it is inconsistent with the bill. Any remaining provisions would be
> administered by the FCC, which could modify them. The Senate bill also
> terminates the 1984 GTE Consent Decree. The antitrust laws are not affected
> by the bill. The Senate bill clarifies that the MFJ does not apply to
> wireless companies which were previously owned by a Bell operating company.
> House Bill: Overtums seven specific sections of the 1982 Consent Decree
> that broke up AT&T. These sections relate to equal access to long-distance
> carriers; the Bell Operating Companies entry into the long-distance,
> equipment and electronic publishing markets; and the initial reorganization
> of AT&T. The House bill also supersedes the 1984 GTE Consent Decree. The
> antitrust laws are not affected by the bill. The bill also contains a
> savings clause for State and local law, except to the extent such law would
> impair or prevent the operation of the Act. Finally, the House bill makes
> clear that the provisions of the modified final judgment do not apply to
> wireless companies which were previously owned by a Bell operating company
> or its affiliate.
> Staff Recommendation: Recede to the House with modifications, including
> repeal of section 221(a) of the Communications Act.
**36. Preemption of Local Taxation with Respect to DBS Services
> Senate Bill: : No provision.
> House Bill: Preempts local taxation on the provision of direct-to-home
> (DTH) satellite services. DTH satellite services are delivered via satellite
> directly to consumers equipped with satellite receivers at their premises.
> Provision would exempt DTH satellite service providers from collecting and
> remitting local taxes on satellite delivered programming services. The
> proposal does not preempt local taxes on the sale of equipment needed to
> receive these services. The proposal does not prevent state taxation of a
> provider of DTH satellite service or a local taxing jurisdiction from
> receiving revenue derived from a tax or fee imposed or collected by a state.
> Staff Recommendation: Recede to House with modification clarifying that it
> is the DTH service alone which is exempt from local taxation.
TITLE VII - MISCELLANEOUS PROVISIONS
**37. Prevention of Unfair Billing Practices for Information or Services
Provided Over Toll-free Telephone Calls
> Senate Bill: Requires the FCC to revise its regulations to prevent
> unauthorized charges for 1-800 numbers used to obtain information services.
> House Bill: Similar to Senate provision.
> Staff Recommendation: Recede to the Senate with modifications delete tariff
> exception and revise section to protect directory assistance.
**38. Facilities Siting; Radio Frequency Emission Standards
> Senate Bill: No provision
> House Bill: Provides for the FCC to establish a national policy on the
> regulation of the location of commercial mobile service facilities by State
> and local governments through a negotiated rulemaking. Also requires Federal
> government departments to make available at a fair, reasonable and
> non-discriminatory rate, property, rights-of-way and easements for the
> construction of private commercial mobile service facilities when such
> construction would not directly obstruct the mission of the agency or
> department.
> Staff Recommendation: Recede to the House with modification reflecting
> agreement between the cities and the mobile services industry. Eliminates
> negotiated rulemaking and clarifies that the cities have the authority to
> determine the placement of mobile services and wireless common carrier sites
> but must do so in a reasonable and nondiscriminatory manner. FCC would
> complete its proceeding on RF emissions. Agreement is contingent upon
> Statement of Managers language concerning proper court venue (Federal/State)
> for course of action.
**39. Mobile Services Direct Access to Long Distance
> Senate Bill: Exempts wireless providers from equal access, but requires the
> Commission to establish rules to afford cellular subscribers access to long
> distance providers through the use of access codes assigned to each long
> distance provider.
> House Bill: Similar to Senate provision.
> Staff Recommendation: Recede to Senate language exempting wireless carriers
> from equal access with modification to allow an FCC rulemaking, if
> necessary, to provide consumers access to long distance companies.
40. Telecommunications Development Fund
> Senate Bill: No provision.
> House Bill: Requires that the FCC place escrow deposits it receives for
> auctions be placed in an interest bearing account and the interest from such
> deposits be used to establish a Telecommunications Development Fund to
> provide access to capital for small business for investment in
> telecommunications.
> Staff Recommendation: Recede to the House.
**41. Telecommuting Report
> Senate Bill: Requires the Assistant Secretary of Transportation in
> consultation with the Assistant Secretary of Commerce for Communications and
> Information and the EPA Administrator to identify telecommuting programs.
> House Bill: Similar provision.
> Staff Recommendation: Delete both provisions (already in Department of
> Transportation Appropriations bill).
**42. Report on the Use of Advanced Telecommunications Services for Medical
Purposes
> Senate Bill: No provision.
> House Bill: Requires the Assistant Secretary for Communications and
> Information in consultation with the Secretary of Health and Human Services
> to submit a report on telemedicine grant programs conducted by the
> government.
> Staff Recommendation: Recede to the House.
**43. Authorization of Appropriations
> Senate Bill: No provision.
> House Bill: Authorizes the FCC such sums as necessary to carry out the
> provisions of the bill.
> Staff Recommendation: Recede to the House.
**44. Gambling Advertisements
> Senate Bill: Allows radio and TV broadcasters to carry advertising for
> gambling if their State allowed gambling or advertisements for gambling.
> House Bill: No comparable provision.
> Staff Recommendation: Recede to the House.
45. National Educational Technology Funding Corporation
> Senate Bill: Government grant program by which corporation would receive
> grants from government' designated to promote use of advanced
> telecommunications networks and other advanced technology by schools and
> libraries.
> House Bill: No provision.
> Staff Recommendation: Recede to the Senate.
46. Biennial Review of Regulations
> Senate Bill: : Requires the FCC, with respect to its regulations under the
> 1934 Act, and a Federal-State Joint Board for State regulations, to review
> in odd-numbered years beginning with 1997 all regulations issued under the
> 1934 Act or State laws applicable to telecommunications services. It directs
> further that they shall determine whether competition has made those
> regulations unnecessary to protect the public interest and requires the FCC
> to repeal any regulations under the 1934 Act that are found to be no longer
> in the public interest. Also, it directs the Federal-State Joint Board to
> notify the Governor of any State of State regulations it determines are not
> needed
> House Bill: No comparable provision.
> Staff Recommendation: Recede to the Senate with modification which limits
> the FCC review to federal regulations.
Updated List of New Items to be Resolved at Telecommunications Conference
Meeting
2. Coordination for Interconnectivity
11. Broadcaster Spectrum Flexibility
19. Competition from Cable Systems
20. Telephone Company Providing Video Progranuning
23. Competitive Availability of Navigation Devices/ Set Top Boxes
25. Technical Amendments
26. Forbearance
27. Regulatory Review
32. Scrambling of Sexually Explicit Adult Video Service Programming
40. Telecommunications Development Fund
45. National Educational Technology Funding Corporation
46. Biennial Review of Regulations
________________________________________________________________________________
** AGREED TO DECEMBER 6, 1995
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