text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Broadband Deployment and Competition 
  Enhancement Act of 2001''.
  
  SEC. 2. FINDINGS AND PURPOSES.
  
      (a) Findings.--Congress makes the following findings:
              (1) In 2001, some broadband service providers are 
          pervasively regulated, and some offering functionally 
          equivalent services are not significantly regulated.
              (2) Common carrier regulation is being extended 
          inappropriately to new broadband services being deployed by 
          incumbent local exchange carriers, while no regulation is 
          applied to new broadband services being deployed by local cable 
          television companies.
              (3) There should be deregulatory parity in the provision of 
          broadband services.
              (4) Broadband services and broadband service providers 
          should be subject to little or no regulation, as there are no 
          monopoly providers of such services and regulation of a nascent 
          service inhibits the development of a competitive market.
              (5) Facilities used to provide broadband services, such as 
          packet switching, are widely available in the market place and 
          should therefore not be considered a network element, which 
          common carriers must make available to other providers. Access 
          should continue for essential facilities.
              (6) It is important for the economic development of the 
          United States that all areas of the country receive the 
          benefits of access to high speed Internet and the deployment of 
          broadband services.
              (7) Common carrier regulation will not induce the 
          deployment of broadband services, but will retard it.
              (8) Both Federal and State regulatory agencies have 
          followed a regulatory scheme with respect to broadband 
          services, and this pattern must be reversed.
      (b) Purposes.--The purposes of this Act are as follows:
              (1) To accelerate the deployment of broadband services to 
          all parts of the United States.
              (2) To achieve deregulatory parity among providers of 
          broadband services.
              (3) To reduce regulation of broadband services by the 
          Federal Government and the States.
  
  SEC. 3. DEPLOYMENT OF BROADBAND SERVICES.
  
      (a) In General.--Part II of title II of the Communications Act of 
  1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the 
  following new section:
  
  ``SEC. 262. DEPLOYMENT OF BROADBAND SERVICES.
  
      ``(a) Opt-In.--This section applies to an incumbent local exchange 
  carrier only if the local exchange carrier provides written notice to 
  the Commission of its decision to comply with the provisions of this 
  section.
      ``(b) Next Generation Broadband Deployment.--
              ``(1) In general.--An incumbent local exchange carrier 
          shall not be subject to the requirements of section 251(c) with 
          respect to any optical fiber facility, or any technology of 
          like functionality, in the local exchange carrier's network 
          that is used to provide service to residential customers; and
                      ``(A) that is or was--
                              ``(i) deployed where no outside telephone 
                          distribution plant previously existed; or
                              ``(ii) deployed from any structure or 
                          premise to a customer premises; and
                      ``(B) if the facility is capable of providing 
                  advanced service.
              ``(2) Rights of way.--Any provider of facilities referred 
          to in paragraph (1) shall have the duty to coordinate and 
          cooperate with other local exchange carriers to provide access 
          to rights of way consistent with section 251(b)(4).
              ``(3) Access to existing copper loop.--Nothing in this 
          subsection shall preclude the Commission or a State from 
          requiring that an incumbent local exchange carrier provide an 
  existing copper loop to another local exchange carrier upon request.
      ``(c) Competition Enhancement.--
              ``(1) In general.--Notwithstanding section 2(b), or any 
          other provision of law, an incumbent local exchange carrier 
          shall not be subject to the requirements of--
                      ``(A) section 251(c), except as provided in 
                  paragraph (2) of this subsection, with respect to its 
                  packet switching capability, or any successor 
                  technology; or
                      ``(B) section 251(c) with respect to the resale of 
                  advanced service or high-speed Internet access service.
              ``(2) Collocation.--
                      ``(A) In general.--An incumbent local exchange 
                  carrier has the duty to provide collocation at its 
                  central offices in accordance with the rules of the 
                  Commission established in accordance with section 
                  251(c)(6) for equipment to be used in the provision of 
                  advanced service.
                      ``(B) Remote terminal.--Neither the Commission nor 
                  a State may require collocation for equipment for the 
                  provision of advanced service inside a remote terminal 
                  where no space for collocation of such equipment is 
                  available. Collocation of advanced service equipment in 
                  the remote terminal shall not include collocation 
                  inside or within any equipment, components, or 
                  facilities located inside the remote terminal.
      ``(d) Build-Out Requirement.--
              ``(1) In general.--Except as provided in paragraph (3), an 
          incumbent local exchange carrier or affiliate shall be capable 
          of providing advanced service to all of its local exchange 
          service customers in a State not later than 5 years after the 
          date of enactment of the Broadband Deployment and Competition 
          Enhancement Act of 2001, thereafter within 30 days of a bona 
          fide request by any such local exchange service customer.
              ``(2) Means of addressing requirement.--An incumbent local 
          exchange carrier or affiliate may use any technology, service, 
          or combination of services to meet the requirement in paragraph 
          (1).
              ``(3) Exemption.--An incumbent local exchange carrier or 
          affiliate is exempt from the requirement in paragraph (1) if 
          the provision of advanced service to a customer is not both 
          technically and economically feasible.
      ``(e) Pricing Flexibility for Retail Advanced Service.--
              ``(1) Inapplicability of governmental regulation.--The 
          rates, terms, and conditions of retail advanced service offered 
          by an incumbent local exchange carrier or its affiliates to 
          subscribers are not subject to Federal, State, or local 
          regulation.
              ``(2) Construction.--Nothing in this subsection shall be 
          construed to affect the obligations of a Bell operating company 
          under section 272(c).
      ``(f) Enforcement.--
              ``(1) Failure to build-out.--If an incumbent local exchange 
          carrier cannot comply with subsection (d)(1) as of the date 
          specified in that subsection, subsections (c) and (e) shall no 
          longer apply to such carrier as of that date.
              ``(2) Noncompliance with loop provisioning and collocation 
          rules.--
                      ``(A) In general.--Except as provided in paragraph 
                  (3), subsections (c) and (e) shall cease to apply to an 
                  incumbent local exchange carrier as of the date on 
                  which a State makes a final and nonappealable 
                  determination, based on clear and convincing evidence 
                  and in response to a complaint filed by another local 
                  exchange carrier, that--
                              ``(i) the incumbent local exchange carrier 
                          has willfully and materially failed to comply 
                          with the rules of the Commission with respect 
                          to collocation or loop provisioning; and
                              ``(ii) such failure has caused material 
                          harm to the complaining carrier's ability to 
                          compete.
                      ``(B) Burden of proof.--The burden of proof in a 
                  complaint under subparagraph (A) shall be on the 
                  complainant.
              ``(3) Reinstatement.--
                      ``(A) In general.--An incumbent local exchange 
                  carrier to which subsections (c) and (e) have ceased to 
                  apply because of a determination by a State under 
                  paragraph (2) may petition the State for a 
                  reinstatement of the application of subsections (c) and 
                  (e) to such carrier.
                      ``(B) Determination.--If a State that makes a 
                  determination described in paragraph (2) subsequently 
                  makes a final determination that the carrier concerned 
                  has complied fully with the rule with which the carrier 
  was found, under paragraph (2), not to have complied, the application 
  of subsections (c) and (e) to the carrier shall be reinstated as of the 
  date of that subsequent final determination.
                      ``(C) Failure of state to act within 90 days.--For 
                  purposes of subparagraph (B), a State that fails to 
                  make a determination on a petition filed under 
                  subparagraph (A) within 90 days of the date of the 
                  filing of the petition shall be deemed to have made a 
                  determination that the carrier concerned is in full 
                  compliance with the rules of the Commission with 
                  respect to collocation or loop provisioning.
      ``(g) Definitions.--In this section:
              ``(1) Incumbent local exchange carrier.--The term 
          `incumbent local exchange carrier' has the meaning given that 
          term in section 251(h).
              ``(2) Customer premises.--The term `customer premises' 
          means a customer's physical property and any adjacent 
          easements.
              ``(3) Packet switching capability.--The term `packet 
          switching capability' has the meaning given that term in 
          section 51.319(c)(4) of title 47, Code of Federal Regulation, 
          as that section is in effect as of June 1, 2001.
              ``(4) Remote terminal.--The term `remote terminal' means a 
          point in a local exchange carrier's network, not including a 
          central office, where the electronic capability to provide 
          advanced service is deployed.
              ``(5) Advanced service.--The terms `advanced service' and 
          `high-speed Internet access service' mean any service or 
          combination of services that consists of, or includes, the 
          offering of a capability to transmit information using a packet 
          switched or successor technology downstream from a provider to 
          a consumer at a generally rated speed of 364 or kilobits per 
          second or higher.''.
  
  SEC. 4. AMENDMENT.
  
      Section 251(c)(3) of the Communications Act of 1934 (47 U.S.C. 
  251(c)(3)) is amended by adding at the end the following: ``An 
  incumbent local exchange carrier shall not be required to convert to a 
  network element or combination of network elements any special access 
  circuit being provided on June 1, 2001.''.
  
  SEC. 5. REGULATORY PARITY.
  
      (a) Identification of Disparate Regulatory Treatment of Advanced 
  Service.--Not later than 6 months after the date of the enactment of 
  this Act, the Federal Communications Commission shall identify in its 
  regulations any requirements or obligations that result in different or 
  disparate treatment among various types of providers of advanced 
  service and high-speed Internet access service or among different 
  technologies used to provide such service.
      (b) Termination of Applicability.--Not later than one year after 
  the date of the enactment of this Act, the Commission shall modify its 
  regulations in order to eliminate each difference and disparity in 
  treatment identified under subsection (a) unless the Commission 
  determines that such difference or disparity in treatment should 
  continue to apply in the public interest.
      (c) Biennial Review.--In every biennial review conducted pursuant 
  to section 11 of the Communications Act of 1934 (47 U.S.C. Sec. 161), 
  the Commission shall--
              (1) make a determination as to whether or not a difference 
          or disparity in treatment, if any, that continues to apply 
          under subsection (b), or under this subsection after subsequent 
          review under this subsection, should continue to apply in the 
          public interest; and
              (2) if the Commission determines that such difference or 
          disparity in treatment should not continue to apply in the 
          public interest, modify its regulations in order to eliminate 
          such difference or disparity in treatment.
      (d) Advanced Service Defined.--In this section, the terms 
  ``advanced service'' and ``high-speed Internet access service'' have 
  the meanings given those terms in section 262(h)(4) of the 
  Communications Act of 1934, as added by section 2 of this Act.
target: Broadband Deployment and Competition Enhancement Act of 2001 - Amends the Communications Act of 1934 to prohibit subjecting an incumbent local exchange carrier (carrier) to common carrier regulation with respect to any optical fiber facility, or any technology of a similar facility, in the carrier's network that is used to provide service to residential customers and that is or was deployed where no outside telephone distribution plant previously existed, or from any structure or premise to a customer premise, if the facility is capable of providing advance service. Prohibits subjecting such a carrier to such regulation with respect to packet switching or successor technology or the resale of advanced service or high-speed Internet access service. Requires such carrier to provide: (1) collocation in its central offices with respect to equipment used in the provision of advanced service; and (2) advanced service to all of its customers in a State within five years after the enactment of this Act, making carriers that do not so comply subject to common carrier regulation thereafter.Prohibits requiring such a carrier to convert to a network element or combination of network elements any special access circuit being provided on June 1, 2001.Requires the Federal Communications Commission to identify in its regulations any requirements or obligations that result in different or disparate treatment among various types of providers of advanced service and high-speed Internet access service, or among different technologies used to provide such service.
feat_title: A bill to facilitate the deployment of broadband telecommunications services, and for other purposes.