|
June 14,1983
<br />CONGRESSIONAL RECORD — SENATE
<br />S 8325
<br />Glean
<br />Kasten
<br />Rieale
<br />Gokhmter
<br />Gorton
<br />(3raddey
<br />Lautemberg
<br />Ia xatt
<br />Lunar
<br />Kota
<br />Rudman
<br />Sastaa
<br />Bart ,
<br />Satoh
<br />Hatfield
<br />Matsiaup
<br />Nafifasly
<br />Meicbw
<br />shmp an
<br />speewr
<br />Stamm@
<br />Hawkins
<br />l[kdtell
<br />Stevens
<br />Hecht
<br />Heflin
<br />Moynihan
<br />Muirkowda
<br />Syam@
<br />Heins
<br />Iraidess
<br />lburmoW
<br />Toovs-
<br />Hehas
<br />Boma= "
<br />1Pom
<br />Trfbre
<br />Hamplirey
<br />Inouye
<br />Faekwood
<br />Peal -
<br />PacT'
<br />Taeiees" -
<br />WaLop
<br />Warner-
<br />Jaekaon
<br />Premier
<br />Weieaer
<br />JePM
<br />Pryor ..
<br />Wil m
<br />Johnston
<br />Quayle
<br />Zosiosiy
<br />NAYS-9
<br />Bowhwita .
<br />Levin
<br />Ptosmire
<br />Dunn
<br />Alathiss
<br />Sarbarm
<br />Lesley
<br />Hetsenbsum.
<br />St:tLaed
<br />NOT V01ING-4
<br />Huddleston
<br />Ions
<br />Kennedy
<br />111cclure
<br />So the bill (S. 66). as amended, was
<br />passed as follows;..
<br />S. 66
<br />Be it enacted by the Senate and House of
<br />Reproventatfaes 4W -the United States o!
<br />America in Congress assentbfetL* That (a)
<br />this Act may be cited as the -Cable Tele-
<br />cotmsmriatiaria Act of 1983-.
<br />(b) The Communications Act of 1934 Is
<br />amended by, inserting tmmedlatety after
<br />tltle"V the following new title:
<br />'TITLE vi-CA=
<br />TZXJ=A fUNICATIONSACr
<br />":Isnnras
<br />"Snc. -60L The -.Congress hereby ftnds
<br />that—
<br />"(1) cable systems -am engaged in. inter-
<br />state commerce through the origination,
<br />transmission. distribution.. and dkeemina-
<br />tion at broadband teleco®municatims serv-
<br />lexs:
<br />"(2) the provisloa ui bromaoand telecom-
<br />munications is of concern to governmental
<br />entities:
<br />-. (3) a uniform national policy for broad-
<br />band telecommunications can serve to elimi-
<br />nate and prevent. conflid3ng. and counter-.
<br />productive re.gnlatfons In order to allow un-
<br />hampered growth and development; of able
<br />as a competitive:, medium which will be re-
<br />sponsive to and serve the needs and Inter -
<br />eats of the'Publjc; • -
<br />"(4)' competition is a more efflclent regula-
<br />tor than government of the provision of di-
<br />verse telecommunications services and as
<br />competition continues to.develop..the dereg-
<br />ulation . of telecommunications services
<br />should occur and
<br />"(S) recognizing the long standing tradi-
<br />tion of the Congress of promoting universal
<br />telephone service at reasonable rates, and
<br />recognizing the rapid technological changes
<br />of the types and delivery of services offered
<br />by the telecommtmdatimts industry. it is In
<br />the public interest to ensure that all provid-
<br />ers of telecom muniation services share in
<br />the obligation of providing universal service.
<br />"Soc. 602. The purposes of this title are
<br />to—
<br />"(D establish a national policy concerning
<br />broadband teieoommuak stance and to en-
<br />courage a competitive environment for the
<br />growth and development of broadband tele-
<br />communications:
<br />"(2) establish guidelines for the exercise
<br />of Federal. Stateand local regulatory au-
<br />thoritr
<br />"(3) allow cable systems to be responsive
<br />to the needs and Interests of the public on
<br />an equal basis without a competitive disad-
<br />vantage with other providers of telecommu-
<br />nications services•, and
<br />'14) eliminate government regulation in
<br />order to prevent the imposition of an unnee-
<br />essary economic burden on cable systems In
<br />their provision of service to the public.
<br />"vrrrrrrrroivs
<br />"Sac. 603. for purposes of this title, the
<br />term—
<br />(1) Imsic service' means the lowest cost
<br />tier, other than a tier offered at a discount -
<br />ad 'IM of service which In available to sub-
<br />scribers for a fee and which includes the
<br />provision of retransmission of local. broad-
<br />cast signals, public, educational. and govern-
<br />mental programing and any other program-
<br />ing service as offered by a cable operator as
<br />part of the tier, and specified in the fran-
<br />chise agreement as part of basic service,
<br />which is distributed by coaxial cable or my
<br />other dosed transmission medium;
<br />"(2) `basic telephone service' means two-
<br />way voice grade communications that is
<br />held oat to the public and that would be
<br />subject to regulation by the Commission or
<br />any State if offered by a eommon carrier
<br />subject. In whole or in part, to title rr of this
<br />Act;
<br />"(3) 'broadband telecommuaicatione
<br />means any. receipt or transmission of elec-
<br />tromagnetic signals. Including basic service. -
<br />cable service. and ter serv-
<br />ice- over coaxial cable or any other closed
<br />tiaasmisaion medium;
<br />"(4) 'broadcasting' means telecommunica
<br />Lions by radio Intended to be received by the
<br />pnblim directly or by the . intermediary of
<br />relay stations:
<br />"(8)•.'eable. e3saanel' or..'ehauncl , means
<br />that portion of the electromagnetic frequeif--
<br />cy spectrum used in a cable -system for the
<br />propagation of an electromagnetic sigsial;
<br />'(Weable operator' or 'cable oiler
<br />&tor' mains any person or persons, or an
<br />agent or employee thereof. -that; provides
<br />basic service, able service; or telecommuni-
<br />cations aervice over a cable system. or that
<br />directly. or: indirectly owns a significant in-
<br />terest in any able system, or that otherwise
<br />contmia.ot- IS. responsible for..through -say..
<br />arrangement. the managemeafr.and open-
<br />anon of such a cable system;
<br />_ "(7)'cabie service' means the Pao, on by
<br />a chamet programer of one-way programing:
<br />on . a. par channel._ per program, or other -
<br />basis which is distributed by ooardal able or
<br />any other closed transmission anedinm but
<br />such temp snail not Include basic service:
<br />"(8) `able subecribee mains any Person -
<br />who receives or transmits electromagnetic
<br />signals distributed over a able system: `
<br />"(9) 'able system' means a facility or com-
<br />binationof facilities under the ownership or
<br />control of any person or persons, which con-
<br />sist of a primary control center used to re-
<br />ceive and retransmit. or to originate broad-,
<br />band telecommunications service over one
<br />of more coaxial cables, or other closed
<br />transmission media, from the primary con-
<br />trol center to a point of reception at the
<br />premises of a able subscriber, but such
<br />term does not include: (A) a facility or com-
<br />binationof facilities that serves only to re-
<br />transmit the television signals of television
<br />broadcast stations; (B) a facility or combina-
<br />tion of facilities that serves only subscribers
<br />in one or more multiple unit dwellings
<br />under common ownership. control, or man-
<br />agement: or (C) a common carrier subject to
<br />the provisions, of title II of this: Ad -when-
<br />ever such carrier transmits broadband tele-
<br />communications services other - than basic
<br />service or cable service:
<br />"(10) 'channel programer' .or `programer'
<br />means any person having an agreement to
<br />provide basic service or cable service to a
<br />cable system operator. or -any person who
<br />leases, rents. or is otherwise authorized to
<br />use the facilities of a cable system for the
<br />provision of basic service or cable service,
<br />and such teen shall include a cable system
<br />operator to the extent that such operator,
<br />or person or persons under common owner-
<br />ship or control with such operator, is en-
<br />swed in the provision of such service:
<br />"(11) 'closed transmission medium' or
<br />Ydosed transmission media' means media
<br />having the capacity to transmit electromag-
<br />netic signals , over a common L-ansmission
<br />path such as coaxial cable, optical fiber,
<br />wire, wavegulde, or other such aural con-
<br />ductor or device:
<br />"(12) 'franchise' means a permit` license,
<br />ordinance. resolutiom right -of --way, con-
<br />tract, certificate., agreement. or similar au-
<br />thorization Issued by a franchising authori-
<br />ty which authoriaesi the provision of basic
<br />service, cable service, or telecommunkations
<br />service by a cable operator,
<br />"(13) 'franchising authority' meaner any
<br />State, political subdivision, or agency there-
<br />of, or -any other governmental entity em-
<br />powered to grant a franchise:
<br />"(14) 'grade B contour' means the field
<br />strength of a television broadcast station
<br />computed in accordance with regulations
<br />promulgated by the Commission;
<br />"(IS) 'fnformstion' mamas knowledge -or to-
<br />telligence represented by any form- of, writ
<br />ng, ioff. signals, pictures. sounds..ar other
<br />a9mbalK
<br />"(16) 'law' -includes any regtuazlen,- rule.
<br />a'derr standard,' policy. reQnirenumit proce-
<br />dure,or resbiction;
<br />,"tin Verson' means an fadfHduaL part-
<br />nershU-aseociatiom joint stock .company.
<br />trtr0 corporation our any governmental au-
<br />thority-
<br />"(18) 'telecom nunicatfons' means the
<br />transmission of fafarmation by deetromag-
<br />netia roes im with or without benefit of any
<br />dosed dais meditmL Including all
<br />instrumentalities, facilities, apparatus, and
<br />services (including the collection; storage.
<br />forwardfag..swsclLzaiM and delivery of. such
<br />fafarmntion) essential'to such transmission:
<br />" (19) service' means
<br />tbe-- offering of `tdeoommtaiiations faciIl-
<br />tiea, or of but such
<br />terms shall not include basic service or cable
<br />se'vim and
<br />-(20) 17nited States` means the several
<br />States and,territories. the District of Colum-
<br />bia, and. thepow of the 'United
<br />States.
<br />lsmAinvarr or ArrHoRrrr
<br />-Szc-- WAIL The Provisions of this title shall
<br />apply as follows:
<br />_ -(1) The Commission shon have jurisdic-
<br />tion and exercise authority with respect to
<br />broadband telecommunications in accord-
<br />ance with the. provisions of this title and
<br />other applicable provisions of law.
<br />. 1'(2) Nothing In this title shall be con-
<br />strued as prohibiting any State or political
<br />subdivision or agency thereof, or franchis-
<br />ing authority, from awarding, in accordance
<br />with the provisions of this title. one or more
<br />able franchises within its jurisdiction.
<br />"(3)(A) Except to the extent provided in
<br />paragraph (B). no cable system shall pro-
<br />vide basic service or cable serrice without a
<br />cable franchise in compliance with this title.
<br />"B) The provision of paragraph (A) shall
<br />not be applicable in the case of say cable
<br />system in operation on April 21, 1983.
<br />"owwmmP oa coirrsoL or cra= sysTEms
<br />-S= 605. (a) No State or political subdivi-
<br />sion or agency thereof, or franchising au-
<br />thority. shall have the authority to prohib-
<br />it. directly or indirectly.. the ownership of
<br />cable systems by any person by reason of
<br />that person's ownership of any other media
<br />•
<br />•
<br />
|