H.R. 1542 - Internet Freedom and Broadband Development Act of 2001

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, February 26, 2002.
FLOOR ACTION: ADOPTED 282-142 on Wednesday, February 27, 2002.
MANAGERS: LINDER/FROST
107th Congress
2nd Session

H.R. 1542 - Internet Freedom and Broadband Development Act of 2001

1. Structured rule.

2. Provides 1 hour and 20 minutes of general debate, with one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.

3. Waives all points of order against consideration of the bill.

4. Provides that the amendment in the nature of a substitute printed in Part A of the report of the Committee on Rules accompanying the resolution shall be considered as adopted in the House and in the Committee of the Whole.

5. Provides that the bill, as amended, shall be considered as the original bill for the purpose of further amendment and shall be considered as read.

6. Provides that no further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules.

7. Provides that the amendments printed in Part B of the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment except as specified in the report, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

8. Waives all points of order against amendments printed in Part B of the report.

9. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1542) to deregulate the Internet and high speed data services, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and the amendments made in order by this resolution and shall not exceed one hour and 20 minutes, with one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendments recommended by the Committee on Energy and Commerce and the Committee on the Judiciary now printed in the bill, the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment and shall be considered as read. No further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules. Each further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment except as specified in the report, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.


SUMMARY OF AMENDMENT PRINTED IN PART A
TO BE CONSIDERED AS ADOPTED

Consists of the text of the H.R. 1542 as reported by the Energy and Commerce Committee modified by the amendment offered by Mr. Tauzin and Mr. Sensenbrenner which clarifies that the antitrust laws are not repealed by, not precluded by, not diminished by and not incompatible with the Communications Act of 1934 or the Telecommunications Act of 1996. Requires a Bell Operating Company to notify the Department of Justice thirty days prior to offering an interLATA high speed data or Internet backbone service originating in any in-region State in which the company has not received the authority from the FCC to provide interLATA services.

TEXT OF AMENDMENT PRINTED IN PART A
TO BE CONSIDERED AS ADOPTED (.pdf)



SUMMARIES OF AMENDMENTS PRINTED IN PART B

Upton/Green (TX): Increases the FCC's forfeiture penalties for phone companies which violate the telecommunications law by elevating the current cap from $1.2 million to $10 million and increasing the current $120,000 fine per violation or each day of a continuing violation to $1 million. For repeat offenders, the amendment doubles these increased forfeiture penalties to $2 million per violation or each day of a continuing violation, capped at $20 million. The amendment doubles from 1 year to 2 years the statute of limitations for the FCC to bring enforcement actions against phone companies, gives the FCC clear, statutory "cease and desist" authority to use against phone companies which violate any of the telecommunications laws and directs the FCC to study the impact of the enhanced penalties under the bill and report back to Congress within one year after enactment. (40 minutes)

Cannon/Conyers Line by line change to H.R. 1542: protects competitive investments by preserving the existing rules for telecommunications services that the competitive local exchange carriers and preserves State authority and consumer safeguards from the broad preemption of such authority granted under H.R. 1542. Preserves State authority and consumer safeguards from the preemption of such authority granted under H.R. 1542. (60 minutes)

Buyer/Towns Substitute Amendment for the Amendment offered by Cannon/Conyers Guarantees that CLECs have access to customers served by Bell company high speed networks under FCC-regulated rates, terms, and conditions. Preserves rules governing CLECs access to Bell facilities, including a rule that permits CLECs to "line share" on Bell copper facilities exclusively for the purpose of providing high speed Internet service. Requires Bell companies to allow CLECs to connect their own high speed Internet facilities to Bell services and equipment. (60 minutes)

TEXT OF AMENDMENT PRINTED IN PART A