text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Internet Freedom and Broadband 
  Deployment Act of 1999''.
  
   SEC. 2. FINDINGS AND PURPOSE.
  
      (a) Findings.--Congress finds the following:
              (1) Internet access services are inherently interstate and 
          international in nature, and should therefore not be subject to 
          regulation by the States.
              (2) The imposition of regulations by the Federal 
          Communications Commission and the States has impeded the rapid 
          delivery of high speed Internet access services to the public, 
          thereby reducing consumer choice and welfare.
              (3) The Telecommunications Act of 1996 represented a 
          careful balance between the need to open up local 
          telecommunications markets to competition and the need to 
          increase competition in the provision of interLATA voice 
          telecommunications services.
              (4) In enacting the prohibition on Bell operating company 
          provision of interLATA services, Congress recognized that 
          certain telecommunications services have characteristics that 
          render them incompatible with the prohibition on Bell operating 
          company provision of interLATA services, and exempted such 
          services from the interLATA prohibition.
              (5) High speed data services and Internet access services 
          constitute unique markets that are likewise incompatible with 
          the prohibition on Bell operating company provision of 
          interLATA services.
              (6) Since the enactment of the Telecommunications Act of 
          1996, the Federal Communications Commission has construed the 
          prohibition on Bell operating company provision of interLATA 
          services in a manner that has impeded the development of 
          advanced telecommunications services, thereby limiting consumer 
          choice and welfare.
              (7) Internet users should have choice among competing 
          Internet service providers.
              (8) Internet service providers should have the right to 
          interconnect with high speed data networks in order to provide 
          service to Internet users.
      (b) Purposes.--It is therefore the purpose of this Act to provide 
  market incentives for the rapid delivery of advanced telecommunications 
  services--
              (1) by deregulating high speed data services and Internet 
          access services;
              (2) by clarifying that the prohibition on Bell operating 
          company provision of interLATA services does not extend to the 
          provision of high speed data services and Internet access 
          services;
              (3) by ensuring that consumers can choose among competing 
          Internet service providers; and
              (4) by ensuring that Internet service providers can 
          interconnect with competitive high speed data networks in order 
          to provide Internet access service to the public.
  
   SEC. 3. DEFINITIONS
  
      (a) Amendments.--Section 3 of the Communications Act of 1934 (47 
  U.S.C. 153) is amended--
              (1) by redesignating paragraph (20) as paragraph (21);
              (2) by redesignating paragraphs (21) through (52) as 
          paragraphs (24) through (54), respectively;
              (3) by inserting after paragraph (19) the following new 
          paragraph:
              ``(20) High speed data service.--The term `high speed data 
          service' means any service that consists of or includes the 
          offering of a capability to transmit, using a packet-switched 
          or successor technology, information at a rate that is 
          generally not less than 384 kilobits per second in at least one 
          direction.'';
              (4) by inserting after paragraph (22) the following new 
          paragraphs:
              ``(23) Internet.--The term ``Internet'' means collectively 
          the myriad of computer and telecommunications facilities, 
          including equipment and operating software, which comprise the 
          interconnected world-wide network of networks that employ the 
          Transmission Control Protocol/Internet Protocol, or any 
          predecessor or successor protocols to such protocol, to 
          communicate information of all kinds by wire or radio.
              ``(24) Internet Access Service.--The term `Internet access 
          service' means (A) a service that combines computer processing, 
          information storage, protocol conversion, and routing with 
          transmission to enable users to access Internet content and 
          services, and (B) the transmission of such service, but does 
          not include the portion of such transmission from the user to 
          the provider of such service.''.
      (b) Conforming Amendments.--
              (1) Section 230(f) of the Communications Act of 1934 (47 
          U.S.C. 230(f)) is amended--
                      (A) by striking paragraph (1); and
                      (B) by redesignating paragraphs (2) through (4) as 
                  paragraphs (1) through (3), respectively.
              (2) Section 223(h)(2) of such Act (47 U.S.C. 223(h)(2)) is 
          amended by striking ``230(f)(2)'' and inserting ``230(f)(1)''.
  
   SEC. 4. LIMITATION ON AUTHORITY TO REGULATE HIGH SPEED DATA SERVICES.
  
      (a) In General.--Part I of title II of the Communications Act of 
  1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the 
  following new section:
  
  ``SEC. 232. PROVISION OF HIGH SPEED DATA SERVICES.
  
      ``(a) Freedom From Regulation.--Except to the extent that high 
  speed data service and Internet access service are expressly referred 
  to in this Act, neither the Commission, nor any State, shall have 
  authority to regulate 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 
  either such service.
      ``(b) Savings Provision.--Nothing in this section shall be 
  construed to limit or affect the authority of any State to regulate 
  voice telephone exchange services, nor affect the rights of cable 
  franchise authorities to establish requirements that are otherwise 
  consistent with this Act.
      ``(c) Continued Enforcement of ESP Exemption, Universal Service 
  Rules Permitted.--Nothing in this section shall affect the ability of 
  the Commission to retain or modify--
              ``(1) the exemption from interstate access charges for 
          enhanced service providers under Part 69 of the Commission's 
          Rules; or
              ``(2) rules issued pursuant to section 254.''.
      (b) Conforming Amendment.--Section 251 of the Communications Act of 
  1934 (47 U.S.C. 251) is amended by adding at the end thereof the 
  following new subsection:
      ``(j) Exemption.--
              ``(1) In general.--Notwithstanding the provisions of 
          subsections (c) and (d), the Commission shall not require an 
          incumbent local exchange carrier to--
                      ``(A) provide unbundled access to any network 
                  elements used in the provision of any high speed data 
                  service, other than those network elements described in 
                  section 51.319 of the Commission's regulations (47 
                  C.F.R. 51.319), as in effect on January 1, 1999; or
                      ``(B) offer for resale at wholesale rates any high 
                  speed data service.
              ``(2) Authority to reduce elements subject to 
          requirement.--Paragraph (1)(A) shall not prohibit the 
          Commission from modifying the regulation referred to in that 
          paragraph to reduce the number of network elements subject to 
          the unbundling requirement, or to forbear from enforcing any 
          portion of that regulation in accordance with the Commission's 
          authority under section 706 of the Telecommunications Act of 
          1996, notwithstanding any limitation on that authority in 
          section 10 of this Act.''.
  
  SEC. 5. INTERNET CONSUMERS FREEDOM OF CHOICE.
  
      Part I of title II of the Communications Act of 1934, as amended by 
  section 4, is amended by adding at the end the following new section:
  
  ``SEC. 233. INTERNET CONSUMERS FREEDOM OF CHOICE.
  
      ``(a) Purpose.--It is the purpose of this section to ensure that 
  Internet users have freedom of choice of Internet service provider.
      ``(b) Obligations of Incumbent Local Exchange Carriers.--- Each 
  incumbent local exchange carrier has the duty 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 the facilities and services necessary to interconnect 
          with such carrier's high speed data service for the provision 
          of Internet access service; and
              ``(3) any Internet service provider with the ability to 
          collocate equipment in accordance with the provisions of 
          section 251, to the extent necessary to achieve the objectives 
          of paragraphs (1) and (2) of this subsection.
      ``(c) Definitions.--As used in this section--
              ``(1) Internet service provider.--The term `Internet 
          service provider' means any provider of Internet access 
          service.
              ``(2) Incumbent local exchange carrier.--The term 
          `incumbent local exchange carrier' has the same meaning as 
          provided in section 251(h).''.
  
  SEC. 6. INCIDENTAL INTERLATA PROVISION OF HIGH SPEED DATA AND INTERNET 
                ACCESS SERVICES.
  
      (a) Incidental InterLATA Service Premitted.--Section 271(g) of the 
  Communications Act of 1934 (47 U.S.C. 271(g)) is amended--
              (1) by striking ``or'' at the end of paragraph (5);
              (2) by striking the period at the end of paragraph (6) and 
          inserting ``; or''; and
              (3) by adding at the end thereof the following new 
          paragraph:
              ``(7) of high speed data service or Internet access 
          service.''.
      (b) Prohibition on Marketing Voice Services.--Section 271 of such 
  Act is amended by adding at the end thereof the following new 
  subsection:
      ``(k) Prohibition on Marketing Voice Telephone Services.--Until the 
  date on which a Bell operating company is authorized to offer interLATA 
  services originating in an in-region State in accordance with the 
  provisions of this section, such Bell operating company offering any 
  high speed data service or Internet access service pursuant to the 
  provisions of paragraph (7) of subsection (g) may not, in such in-
  region State market, bill, or collect for interLATA voice 
  telecommunications service obtained by means of the high speed data 
  service or Internet access service provided by such company.''.
      (c) Conforming Amendments.--
              (1) Section 272(a)(2)(B)(i) of such Act is amended to read 
          as follows:
                              ``(i) incidental interLATA services 
                          described in paragraphs (1), (2), (3), (5), 
                          (6), and (7) of section 271(g).''.
              (2) Section 272(a)(2)(C) of such Act is repealed.
target: Internet Freedom and Broadband Deployment Act of 1999 - 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, except as expressly provided in this Act, 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. 
  States that nothing in this Act shall: (1) limit or affect the authority of any State to regulate voice telephone exchange services; (2) affect the ability of the FCC to retain or modify the exemption from interstate access charges for enhanced service providers; or (3) prohibit the FCC from modifying the regulation concerning the number of networks subject to its unbundling requirement. 
  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 (BOC). States that, until the date a BOC is authorized to offer interLATA services originating in an in-region State, such BOC offering any high speed data service or Internet access service may not, in such State, bill or collect for interLATA voice telecommunications service obtained by means of such high speed data or Internet access service provided by such company.
feat_title: Internet Freedom and Broadband Deployment Act of 1999