S.1504 - Broadband Investment and Consumer Choice Act

A bill to establish a market driven telecommunications marketplace, to eliminate government managed competition of existing communication service, and to provide parity between functionally equivalent services. view all titles (2)

All Bill Titles

  • Short: Broadband Investment and Consumer Choice Act as introduced.
  • Official: A bill to establish a market driven telecommunications marketplace, to eliminate government managed competition of existing communication service, and to provide parity between functionally equivalent services. as introduced.

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Introduced
 
Senate
Passes
 
House
Passes
 
President
Signs
 

 
07/27/05
 
 
 
 
 
 
 

Official Summary

Broadband Investment and Consumer Choice Act - Subjects any telecommunications conduct, activity, service, or service provider only to the requirements of this Act, and not to any other federal, state, or local common carrier law or regulation concerning telecommunications or information se

Official Summary

Broadband Investment and Consumer Choice Act - Subjects any telecommunications conduct, activity, service, or service provider only to the requirements of this Act, and not to any other federal, state, or local common carrier law or regulation concerning telecommunications or information services. Prohibits any state or local government from regulating direct-to-home satellite services. Directs the Federal Communications Commission (FCC) to forbear from regulating mobile services unless determined necessary because of lack of competition or for the protection of public health and safety. Requires each telecommunications carrier deemed to be an incumbent local exchange carrier (LEC) and each eligible telecommunications carrier (a carrier eligible for federal universal service support) to offer basic telephone service (BTS) to business and residential customers throughout the LEC's service territory. Directs the FCC to establish federal quality standards for BTS service relating to reasonable uptime, installation and repair intervals, and voice quality. Provides penalties for standards violations. Prohibits (with exceptions):
(1) a consumer from being denied access to any content provided over facilities used to provide broadband communications service (the transmission of communications at a capacity greater than 64 kilobits per second); and
(2) a broadband service provider from blocking subscriber access to such content. Prohibits a broadband service provider from preventing a customer from using voice over Internet Protocol (VOIP) applications offered by a competitor. Requires the FCC, with respect to service providers, to develop rules and regulations regarding telecommunications services, including billing and access for persons with disabilities. Requires:
(1) facilities-based providers to establish commercial arrangements regarding their ability to interconnect with other facilities-based providers; and
(2) the FCC to govern interconnectivity between such providers and narrowband communications service providers. Requires an incumbent LEC to provide unbundled access to copper local loops at commercially reasonable rates, terms, and conditions. Allows an incumbent local exchange provider serving less than two percent of the access lines of the country to elect to continue to be subject to current federal and state statutory and regulatory requirements. Prohibits a video service provider (VSP) from being required to:
(1) obtain a state or local video franchise;
(2) build out its video distribution system in any particular manner; or
(3) provide access to its distribution facilities and equipment to any other VSP. Authorizes state and local government charges against VSPs for the cost of managing public rights-of-way used by VSPs. Requires the FCC to prescribe regulations to promote:
(1) competition and diversity in the multichannel video programming market; and
(2) the continuing development of communications technologies. Sets forth requirements for state- or locally-owned networks seeking to provide communications service and requires such governments to have an open bidding process allowing non-governmental entities to compete for the provision of such service.

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