text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Broadband Internet Regulatory Relief 
  Act of 2000''.
  
  SEC. 2. REGULATION OF ADVANCED SERVICE
  
      (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 thereof 
  the following:
  
  ``SEC. 262. PROVISION OF ADVANCED SERVICE BY INCUMBENT LOCAL EXCHANGE 
                CARRIERS.
  
      ``(a) In General.--Notwithstanding section 2(b) of this Act, or any 
  other provision of law, an incumbent local exchange carrier shall not 
  be subject to the requirements of--
              ``(1) section 251(c)(1), (c)(2), or (c)(5) with respect to 
          the duty to provide, for the facilities and equipment of any 
          requesting telecommunications carrier, interconnection with or 
          notice of changes regarding any packet-based functionality of 
          the local exchange carrier's network;
              ``(2) section 251(c)(1) or (c)(3) with respect to any 
          network element that consists of or is created by a packet-
          switched or successor technology;
              ``(3) section 251(c)(1) or (c)(4) with respect to the 
          provision of any advanced service;
              ``(4) section 251(c)(1) or (c)(6) with respect to any 
          premises or structure used solely for network elements 
          described in paragraph (2) of this subsection; or
              ``(5) section 251(c)(1), (c)(2)(3), or (c)(5) with respect 
          to any optical fiber in the incumbent's distribution network 
          that is used exclusively to provide telecommunications service 
          to residential subscribers; and
                      ``(i) that is or was either--
                              ``(I) deployed where previously no outside 
                          telephone distribution plant existed;
                              ``(II) deployed as a replacement for any 
                          outside telephone distribution plant; or
                              ``(III) deployed from a remote terminal to 
                          a customer premises; and
                      ``(ii) where the facilities are capable of 
                  providing telephone exchange service, 10 Base T Data 
                  (or its equivalent), and VHS-quality video, or are 
                  capable of providing all of these services through the 
                  upgrade of electronics.
  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 a local exchange carrier upon request.
      ``(b) Buildout Requirements.--
              ``(1) An incumbent local exchange carrier or affiliate 
          shall--
                      ``(A) make available advanced service to 80 percent 
                  of its telephone exchange service customers in a State 
                  within 3 years of the date of enactment of the 
                  Broadband Internet Regulatory Relief Act of 2000 where 
                  such services can be provided using an industry-
                  approved standard and existing loop facilities; and
                      ``(B) make available advanced service to 100 
                  percent of its telephone exchange service customers in 
                  a State within 5 years of that date within 30 days of a 
                  bona fide request by any such customer where such 
                  services can be provided using an industry-approved 
                  standard and existing loop facilities.
              ``(2) An incumbent local exchange carrier that satisfies 
          the requirements of paragraph (1), within the time frames set 
          forth therein, shall continue to receive all regulatory relief 
          provided by subsections (a) and (c) for 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 and upstream from a consumer to a 
          provider at a rated speed of 128 kilobits per second or more 
          where advanced service cannot be provided using an industry-
  approved standard and existing loop facilities.
              ``(3) If an incumbent local exchange carrier fails to 
          comply with paragraph (1) within the time frames set forth 
          there, the regulatory relief provided by those subsections 
          shall not apply to it.
      ``(c) Pricing Flexibility.--
              ``(1) Competition for advanced service.--Except as provided 
          in this section, section 251, section 254, section 271, and 
          section 272, no advanced service offered by an incumbent local 
          exchange carrier nor the facilities used to provide such 
          service shall be subject to common carrier regulation by the 
          Commission or any State in any exchange where advanced service 
          is being provided by an unaffiliated advanced service provider.
              ``(2) Petition.--An incumbent local exchange carrier 
          seeking pricing flexibility under paragraph (1) may file a 
          petition with the Commission seeking such relief. A petition 
          under this paragraph is deemed to have been approved if the 
          Commission does not act on it within 30 days after it is filed.
              ``(3) Unconditional relief.--If the Commission determines 
          under paragraph (1) that advanced service is being offered by 
          an unaffiliated provider in the manner described in that 
          paragraph, the Commission shall approve the petition of the 
          incumbent local exchange carrier unconditionally.
              ``(4) Advanced service outside an incumbent's territory.--
          The rates, terms, and conditions of advanced service offered by 
          an incumbent local exchange carrier or its affiliate are not 
          subject to Federal or State regulation in any geographic area 
          in which that carrier, its successor, or assigns was not the 
          local incumbent exchange carrier on February 8, 1996.
              ``(5) Schedule of charges.--For any advanced service that 
          has not been determined by the Commission to be subject to 
          competition under paragraph (1), the incumbent local exchange 
          carrier furnishing such advanced service shall file with the 
          Commission a schedule of charges and practices for such 
          advanced service in a manner prescribed by the Commission under 
          section 203. Any such schedule of charges and practices shall 
          be deemed lawful and shall be effective 2 days after the date 
          on which it was filed with the Commission unless the Commission 
          takes action under section 204(a)(1) before the end of that 2-
          day period.
      ``(d) Noncompliance With Loop Provisioning and Collocation Rules.--
              ``(1) State determination.--Except as provided in paragraph 
          (2), subsections (a) and (c) shall cease to apply to an 
          incumbent local exchange carrier after the date on which a 
          State makes a final determination based on clear and convincing 
          evidence, in response to a complaint filed by another local 
          exchange carrier, that the incumbent local exchange carrier has 
          materially failed to comply with the rules of the Commission 
          with respect to collocation or the rules of the Commission or 
          the State with respect to loop provisioning. The burden of 
          proof shall be on the complainant.
              ``(2) Reinstatement.--
                      ``(A) In general.--An incumbent local exchange 
                  carrier to which subsections (a) and (c) have ceased to 
                  apply because of a determination by a State under 
                  paragraph (1) may petition the State for a 
                  reinstatement of the application of those subsections.
                      ``(B) Determination required.--If the State that 
                  made the determination described in paragraph (1) 
                  subsequently makes a final determination that the 
                  carrier has complied fully with the rule with which the 
                  carrier was found, under paragraph (1), not to have 
                  complied, then the application of subsections (a) and 
                  (c) to that incumbent local exchange carrier shall be 
                  reinstated as of the date of that subsequent final 
                  determination.
                      ``(C) Determination deemed affirmative if state 
                  fails 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 shall be deemed to have made a 
                  determination that the carrier is in full compliance 
                  with the rules of the Commission with respect to 
                  collocation and the rules of the Commission and the 
                  State with respect to loop provisioning.
      ``(e) Remote Terminals.--
              ``(1) An incumbent local exchange carrier using equipment 
          located in a remote terminal to provide advanced services shall 
          have the duty to provide to any requesting telecommunications 
          carrier--
                      ``(A) access to subloop elements at such remote 
                  terminal for the provision of advanced services; and
                      ``(B) access to rights of way consistent with 
                  section 251(b)(4).
              ``(2) Collocation not required.--Nothing in paragraph (1), 
          any other provision of this Act, nor any other provision of law 
          shall require an incumbent local exchange carrier to provide 
          collocation at a remote terminal to any person.
      ``(f) Definitions.--For purposes of this section--
              ``(1) the term `incumbent local exchange carrier' has the 
          meaning given to that term by section 251(h);
              ``(2) the term `customer premises' means the customer's 
          physical property or adjacent easement; and
              ``(3) the term `remote terminal' means the point in the 
          incumbent local exchange carrier's network where the electronic 
          capability to provide advanced service is deployed and where 
          such carrier provides subloop unbundling.''.
  
  SEC. 3. AMENDMENTS.
  
      (a) Section 251(b) of the Communications Act of 1934 (47 U.S.C. 
  251(b)) is amended by adding at the end thereof the following:
  ``Notwithstanding paragraph (5), after the date of enactment of the 
  Broadband Internet Regulatory Relief Act of 2000, no local exchange 
  carrier shall be required to make any payment for the transport, 
  delivery, or termination of telecommunications to, or 
  telecommunications that connects to, the Internet or any Internet 
  service provider. The transport, delivery, or termination of 
  telecommunications to, or telecommunications that connects to, the 
  Internet or any Internet service provider is hereby deemed to be an 
  interstate communication and subject to the exclusive jurisdiction of 
  the Commission. The provisions of this subsection following paragraph 
  (5) do not alter the terms of any interconnection agreement in effect 
  on May 10, 2000, during the existing term of any such agreement. 
  Neither section 252(i) nor any other legal or regulatory requirement 
  shall require any local exchange carrier to make available to any other 
  telecommunications carrier an interconnection arrangement under this 
  subsection that is in an agreement that is in effect on or after May 
  10, 2000. For the purposes of this subsection, the term `existing term' 
  means the initial period of any interconnection agreement and does not 
  include any period provided for negotiation or any extension of the 
  initial period.''.
      (b) Section 251(c)(3) of that Act (47 U.S.C. 251(c)(3)) is amended 
  by adding at the end thereof the following: ``An incumbent local 
  exchange carrier shall not be required to provide network elements on 
  an unbundled basis unless those elements are to be used predominantly 
  to provide telephone exchange service.''.
      (c) Section 251(f) of that Act (47 U.S.C. 251(f)) is amended by 
  adding at the end thereof the following:
              ``(3) Exemption for advanced services.--Neither section 
          251(c) nor any other common carrier regulation shall apply to 
          any local exchange carrier with fewer than 2 percent of the 
          nation's subscriber lines installed in the aggregate with 
          respect to its provision of advanced services. Any such carrier 
          may at its option continue to file tariffs for any advanced 
          service and may also continue to participate in any National 
          Exchange Carrier Association pooling arrangement.''.
  
  SEC. 4. DEFINITIONS.
  
      (a) In General.--Section 3 of the Communications Act of 1934 (47 
  U.S.C. 153) is amended by--
              (1) redesignating paragraphs (1) through (51) as paragraphs 
          (3) through (53), respectively; and
              (2) inserting before paragraph (3), as redesignated, the 
          following:
              ``(1) Advanced service.--The term `advanced service' means 
          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 rated speed of 200 kilobits per 
          second or more and upstream from a consumer to a provider at a 
          rated speed of 128 kilobits per second or more for access to 
          other services, to the Internet or other information or data 
          services, or to private network or data facilities.
              ``(2) Advanced service provider.--The term `advanced 
          service provider' means any provider of advanced services.''.
      (b) Conforming Amendment.--Section 271(c)(1)(A) of the 
  Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by 
  striking ``3(47)(A),'' and inserting ``3(50)(A),''.
target: Requires such carrier to make advanced service available: (1) to 80 percent of its customers in a State within three years after enactment of this Act, where such services can be provided using an industry-approved standard and existing loop facilities; and (2) within five years of such date, upon request of any customer. Allows carriers that meet such time limits to continue to receive the regulatory relief provided under this Act, while discontinuing such relief for failure to do so.
  Prohibits advanced service offered by such carriers from being subject to common carrier regulation by the FCC or a State in any exchange where advanced service is being provided by an unaffiliated advanced service provider. Allows for a petition to the FCC for such regulatory relief. Prohibits Federal or State regulation in any geographic area in which the carrier was not the local incumbent exchange carrier on February 8, 1996. States that, for services not found to be subject to unaffiliated competition, the carrier furnishing advanced service must file with the FCC a schedule of charges and practices.
  Discontinues the regulatory relief provided under this Act for a carrier for which a State makes a final determination of failure to comply with FCC or State rules concerning collocation or loop provisioning (with authorized reinstatement).
  Requires carriers using equipment located in a remote terminal to provide to any requesting telecommunications carrier access to subloop elements at such terminal for the provision of advanced services and rights-of- way for such purposes.
  Mandates that no carrier shall be required to: (1) make any payment for the transport, delivery, or termination of telecommunications to the Internet or any Internet service provider (making such actions subject to exclusive FCC jurisdiction); or (2) provide network elements on an unbundled basis unless those elements are to be used predominately to provide telephone exchange service.
feat_title: Broadband Internet Regulatory Relief Act of 2000