H.R.1542 Internet Freedom and Broadband Deployment Act of 2001
Sponsor. Rep Tauzin, W. J. (Billy) (introduced 4/24/2001)

Summary

Internet Freedom and Broadband Deployment Act of 2001 - Amends the Communications Act of 1934 to define "high speed data service" as a service capable of transmitting electronic information at a rate generally not less than 384 kilobits per second in at least one direction.

Prohibits the Federal Communications Commission (FCC) and each State from regulating the rates, charges, terms or conditions for, or entry into the provision of, any high speed data service or Internet access service, or to regulate the facilities used in the provision of such service. Prohibits the FCC from requiring an incumbent (established) local exchange carrier to: (1) provide unbundled access to any network elements used in the provision of any high speed data service, other than those elements described in FCC regulations; or (2) offer for resale at wholesale rates any high speed data service.

Requires each incumbent local exchange carrier to provide: (1) Internet users with the ability to subscribe to and have access to any Internet service provider that interconnects with such carrier's high speed data service; (2) any Internet service provider with the right to acquire necessary facilities and services to facilitate such interconnection; and (3) any Internet service provider with the ability to collocate equipment in order to achieve such interconnection.

Includes high speed data service or Internet access service within the definition of "incidental interLATA services" permitted for a Bell operating company.

Latest Status:
6/5/2001: Committee Hearings Held.

HR 2637, Consumer and Community Choice in Access Act
Sponsor. Rep. Earl Blumenauer (D-OR). Original cosponsor. Peter Defazio (D-OR).

Summary

HR 2637 IH is an open cable access bill. It would require companies that provide Internet access over cable to provide competing ISPs open access to its cable facilities.

The sponsor, Rep. Blumenauer, was a member of the Portland City Council prior to his election to Congress in 1996. It is the City of Portland which first asserted the authority to impose an open access requirement on AT&T. AT&T has challenged that decision in court. The matter is pending before the 9th Circuit.

HR 2637 IH provides that the FCC "may require cable operators that provide interconnection, using cable system facilities, with the Internet to offer such interconnection on terms and conditions that are fair, reasonable, and nondiscriminatory."

In addition, "Such requirements shall include the obligation to provide direct or indirect interconnection with the facilities and equipment of any Internet service provider on terms and conditions that are functionally and economically equivalent to the interconnection provided to any other Internet service provider, whether or not affiliated with the cable operator. If the Commission determines, after notice and comment, that a cable operator is not complying with such obligation, the Commission may establish the terms and conditions of such interconnection."

Status. This bill was introduced on July 29, 1999, and referred to the House Commerce Committee.

Legislative History with Links to Related Materials.
· 7/29/99. HR 2637 IH introduced in the House.
· 7/29/99. HR 2637 referred to the House Commerce Committee.
· 8/27/99. HR 2637 referred to the House Telecom Subcommittee.