COPE bill

To promote the deployment of broadband networks and services.

previous 109th session of congress Other Bill Titles (4 more)Hide Other Bill Titles

6/8/2006--Passed House, amended. (There is 1 other summary)
Communications Opportunity, Promotion, and Enhancement Act of 2006 - Title I: National Cable Franchising -
(Sec. 101) Amends the Communications Act of 1934 to allow an eligible person or group (cable operator) to obtain a national franchise to provide cable service in a franchise area in lieu of any other authority under federal, state, or local law for the provision of cable service in that franchise area. Requires an interested cable operator to file with the Federal Communications Commission (FCC) a certification containing specified information, including an identification of each franchise area for which the operator seeks to offer cable service. Makes granted franchises effective for ten-year periods, with automatic renewal unless revoked by the FCC for willful or repeated violations of laws, false statements, or material omissions. Permits a franchise authority to file a petition with the FCC to terminate the national franchise of a cable operator that was already providing cable service and then obtained a national franchise if such national franchisee becomes the only cable operator in the franchise area.
Requires a franchisee to:
(1) pay a fee of up to 5% of gross revenues to the local franchising authority;
(2) provide a specified minimum of channel capacity for public, educational, and governmental use, and to pay 1% of the operator's gross revenues for the support of such use;
(3) comply with specified rights-of-way requirements;
(4) comply with consumer protection and customer service standards; and
(5) comply with child pornography regulations. Requires the FCC to update national consumer protection and customer service rules and permits any person to file a complaint with the local franchising authority (with appeal permitted to the FCC) or with the FCC for an alleged violation of such rules.
Requires an annual report from the FCC to specified congressional committees with respect to such complaints and their resolution.
Prohibits cable operators with a national franchise from denying access to its cable service to any group of potential subscribers because of the income of such group and provides enforcement procedures. Requires a biannual report from such operators to the FCC and the local franchising authority identifying the geographic areas where service is offered and describing the operator's progress in extending cable service to other areas in the franchise area.
Outlines reporting, recordkeeping, and audit requirements of cable operators with a national franchise, as well as a process for the resolution of cable fee disputes.

(Sec. 103) Requires an annual FCC report on the deployment of cable service, including deployment by new cable operators. Authorizes the FCC to require cable operators to:
(1) report to the FCC all information needed for the FCC's annual report; and
(2) file the same information with the relevant franchising authorities and state commissions.
Title II: Enforcement of Broadband Policy Statement -
(Sec. 201) Provides the FCC with explicit authority to enforce its broadband policy statement. Authorizes a maximum penalty of $500,000 for each violation of such statement, with the FCC having exclusive authority to adjudicate complaints. Requires a study from the FCC to specified congressional committees on whether the objectives of the policy statement and principles are being achieved.
Title III: VOIP/911 -
(Sec. 301) Requires each VOIP (Voice Over Internet Protocol) service provider to ensure that 911 and E-911 services are provided to subscribers of VOIP services. Directs each incumbent local exchange carrier or government entity with ownership or control of the necessary E-911 infrastructure to provide any requesting VOIP service provider with nondiscriminatory access to such infrastructure. Requires VOIP service providers to make 911 services available to new customers within a reasonable time under specified requirements, including connection to a selective router and interim 911 service. Requires progress reports, from the FCC to specified congressional committees, when the FCC concludes that it is not technologically or operationally feasible for VOIP service providers to comply with E-911 requirements or obligations. Requires a VOIP service provider to notify customers, prior to installation or number activation of VOIP service, that they must arrange with their own emergency response system provider, if any, for testing such system after installation and that they should notify their emergency response system provider after VOIP service is installed.
Requires the National 911 Implementation and Coordination Office to develop a report to Congress on migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen-activated emergency communications.
Sets forth the:
(1) rights and obligations of facilities-based and non-facilities-based VOIP service providers; and
(2) requirements of VOIP service providers with respect to compensation to other service providers for the use of transmission facilities and equipment and contributions to the preservation and advancement of universal service.
Title IV: Municipal Provision of Services -
(Sec. 401) Allows the municipal provision of cable services, requiring competition neutrality among all providers in an area. Requires a report from the FCC to Congress on the status of the provision of telecommunications service, information service, and cable service by states and political subdivisions thereof.
Title V: Broadband Service -
(Sec. 501) Prohibits a broadband service provider from requiring a subscriber, as a condition for such service, to purchase any cable, telecommunications, or VOIP service offered by that provider.

(Sec. 502) Directs the FCC to conduct and submit to specified congressional committees a study of the interference potential of broadband over power line systems.
Title VI: Seamless Mobility -
(Sec. 601) Requires the FCC to:
(1) further the development of seamless mobility;
(2) implement a process for streamlined review and authorization of multi-mode devices that permit communication across multiple IP-enabled broadband platforms, facilities, and networks; and
(3) undertake an inquiry of, and report to Congress on, barriers to the achievement of seamless mobility.


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