H.Res. 850: H.R. 5252 – Communications Opportunity, Promotion, and Enhancement Act of 2006

COMMITTEE ACTION:  REPORTED BY A RECORD VOTE of 8 to 3, on Wednesday June 7, 2006. 
FLOOR ACTION: ADOPTED BY THE YEAS AND NAYS OF 262-151 on Thursday June 8, 2006.

MANAGERS:LINCOLN DIAZ-BALART/SLAUGHTER

109th Congress
2nd Session

H.RES. 850

[Report No. 109-491]

 

 

H.R. 5252 – COMMUNICATIONS OPPORTUNITY, PROMOTION, AND ENHANCEMENT ACT OF 2006

1.  Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce.

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

4. Provides that the bill shall be considered as read.

5. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

6. Provides that the amendments made in order 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, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

7. Waives all points of order against the amendments printed in the report.

8. 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. 5252) to promote the deployment of broadband networks and services. 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 shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. Notwithstanding clause 11 of rule XVIII, no amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such 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, 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 amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such 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 AMENDMENTS TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)

1. Barton (TX) #23: 
Manager’s Amendment.  Clarifies the following: (1) what constitutes a franchise area; (2) that a person or group seeking authority to provide service under a national franchise must agree to comply with all requirements the FCC promulgates pursuant to the consumer protection and customer service provisions in the bill; (3) that anyone with a national franchise shall be subject to all the cable operator provisions of Title VI of the Communications Act except for the ones specifically excepted in the bill; and (4) that nothing in the legislation affects existing pole attachment law. (10 minutes)

2. Jackson-Lee (TX) #19:
Reduces the fee paid to local franchise authorities for PEG/iNet support by women-owned, small businesses, and socially and economically disadvantaged firms from 1% to 0.5%. (10 minutes)

3. Wynn (MD) #5:
Allows a franchising authority to issue an order requiring compliance with FCC revised consumer protection rules. (10 minutes)

4. Johnson, Eddie Bernice (TX) #24:
(LATE)  Increases discrimination penalty from $500,000 to $750,000 for a cable operator that denies access to cable service to residents because of the income of that group.
(10 minutes)

5. Rush (IL) #6:
Sets forth a complaint process to resolve fee disputes between a local franchise authority and a cable operator. A franchise authority or a cable operator must provide written notice to each other if there is a dispute regarding franchise fees or PEG/I-Net support.  Both parties must meet within 30 days of notification. If the local franchise authority and the cable operator have not resolved the dispute within 90 days then both parties can petition the FCC to resolve the complaint. The FCC has 90 days to resolve any fee disputes.  Provides a 3-year limitation in bringing a complaint to the FCC regarding fee disputes.  (10 minutes)

6. Smith, Lamar (TX) #25:
(LATE)  Clarifies that the language in section 201 (i.e. the new section 715(b)(3) of the Communications Act) that gives exclusive authority to the FCC to adjudicate complaints concerning network neutrality does not affect the applicability of the antitrust laws to cases involving network neutrality or the jurisdiction of the courts to hear such cases.
(10 minutes)

7. Markey (MA)/Eshoo (CA)/Boucher (VA)/Inslee (WA) #20: 
Seeks to restore important non-discrimination requirements enforced by the Federal Communications Commission that from the inception of the Internet until August of 2005 were binding on telecommunications carriers.  This amendment essentially has 3 parts: (1) provides a policy statement in addition to the general duties of broadband network providers; provides for preserved rights and exceptions to the general statutory duties in the first part; and provides an expedited complaint process and an antitrust savings clause. (20 minutes)

8. Gutknecht (MN)/Boyd (FL)/Skelton (MO)/Herseth (SD)/Stupak (MI)/Peterson, John (PA) #7:
Preserves FCC authority to require VOIP providers to: (1) Contribute to the Federal universal service fund when they interconnect, either directly or indirectly, with incumbent local exchange carrier networks; and (2) Properly compensate network owners for the use of their network just as incumbent and competitive carriers do today.
(10 minutes)

 

TEXT OF THE AMENDMENTS
(summaries derived from information provided by sponsors)

1. Barton (TX) #23

2. Jackson-Lee (TX) #19:

3. Wynn (MD) #5

4. Johnson, Eddie Bernice (TX) #24

5. Rush (IL) #6

6. Smith, Lamar (TX) #25

7. Markey (MA)/Eshoo (CA)/Boucher (VA)/Inslee (WA) #20

8. Gutknecht (MN)/Boyd (FL)/Skelton (MO)/Herseth (SD)/ Stupak (MI)/Peterson, John (PA) #7