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H.R.3626 / 103rd Congress

Antitrust and Communications Reform Act of 1994

Placed on Senate Legislative Calendar under General Orders. Calendar No. 612.

Official summary

Version 00 · Introduced in House · Nov 22, 1993

TABLE OF CONTENTS: Title I: Supersession of the Modification of Final Judgment Title II: Regulations of Manufacturing, Alarm Services and Electronic Publishing by Bell Operating Companies Title I: Supersession of the Modification of Final Judgment - Antitrust Reform Act of 1993 - Authorizes Bell operating companies (BOCs) to apply simultaneously to the Attorney General and the Federal Communications Commission (FCC), notwithstanding the Modification of Final Judgment entered into on August 24, 1982 (AT&T consent decree), for authorization to provide alarm monitoring services or interexchange telecommunications. Requires such application to describe with particularity the nature and scope of each activity and of each product, service, and geographic market for which authorization is sought. Sets forth provisions concerning application procedures, separate determinations by the Attorney General and the FCC, and judicial review of such determinations. (Sec. 103) Prohibits a BOC, until one year after enactment of this Act, from manufacturing or providing telecommunications equipment or customer premises equipment, with qualified limitations on such activities after such period. Makes an exception for previously authorized activities. (Sec. 104) Prohibits a BOC with monopoly power in any exchange service market area from tying the sale of any product or service to the provision of any telecommunications service if the effect is to substantially lessen competition or to tend to create monopoly in any line of commerce. Provides enforcement of violations of this Act through the U.S. Attorney's Office (including a private right of action with injunctive relief). Title II: Regulation of Manufacturing, Alarm Services and Electronic Publishing by Bell Operating Companies - Communications Reform Act of 1993 - Amends the Communications Act of 1934 to authorize a BOC, through an affiliate, to manufacture and provide telecommunications equipment and customer premises equipment. Requires the manufacturing to be conducted separately through an affiliate of the BOC. Directs the FCC to prescribe regulations ensuring BOC compliance with the requirement of this title, including the maintenance of separate books, records, and accounts for such activities. Requires the manufacturing affiliate to conduct all such manufacturing within the United States, with exceptions after a good faith effort. Prohibits telephone exchange rate payers from incurring debt attributed to such manufacturing activities. Requires such manufacturing affiliate to make available to all common carriers without discrimination any telecommunications equipment that is used in the provision of telephone exchange service and that is manufactured by such affiliate, with certain conditions. Prohibits such affiliate from discontinuing or restricting sales to a common carrier for as long as there is reasonable demand for such equipment (with a determination of such demand by the FCC). Requires each BOC to maintain and file with the FCC complete information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities. Requires access to such information for competitors of the BOC's manufacturing affiliate. Provides additional requirements (and appropriate regulations by the FCC) with respect to equal competition and accessibility of telecommunications and customer premises equipment. Directs each BOC manufacturing affiliate to establish a permanent program for the manufacturing research and development of products and applications for the enhancement of the public switched telephone network and to promote public access to advanced telecommunications services. Provides FCC administrative and enforcement authority. (Sec. 202) Directs the FCC to prescribe regulations to: (1) establish necessary and appropriate requirements for the provision of alarm monitoring services by BOCs and their affiliates; (2) prohibit BOCs and their affiliates from recording the occurrence or contents of calls received by providers of such services for marketing purposes; and (3) establish procedures for the receipt and review of complaints concerning violations by such companies of such regulations or other provisions of this Act which result in financial harm to a provider of alarm monitoring services. Provides for the expedited consideration of complaints. (Sec. 203) Prohibits a BOC and any affiliate from engaging in the provision of electronic publishing that is disseminated by means of such BOC's or affiliate's basic telephone service. Requires a separate affiliate or electronic publishing joint venture (EPJV) to maintain separate books, records, and accounts of such publishing business and to take certain other steps to maintain such business separately from BOC business. Provides operating requirements for BOCs under common ownership or control with a separated affiliate or EPJV. Prohibits a BOC or any affiliate from providing to any electronic publisher, including a separated affiliate or EPJV, customer proprietary network information for use in connection with the provision of electronic publishing that is disseminated by means of such BOC's or affiliate's basic telephone service that is not made available by the BOC or affiliate to all electronic publishers under the same terms and conditions. Outlines prohibited and authorized joint activities between BOCs and separated affiliates. Requires appropriate maintenance of separate books, records, and accounts for transactions related to the provision of electronic publishing between a BOC and any affiliate, as well as between an affiliate and a separated affiliate. Prohibits certain interaction (such as sharing of common officers) between a BOC and other electronic publishers. Sets forth transition and sunset provisions, as well as private rights of action for violations of the electronic publishing provisions.

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Who introduced it

Rep. Brooks, Jack B. [D-TX-9] · D–TX

Committees

  • Commerce, Science, and Transportation Committee
  • Judiciary Committee
  • Energy and Commerce Committee
9 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Placed on Senate Legislative Calendar under General Orders. Calendar No. 612.

  2. Committee on Commerce. Reported to Senate by Senator Hollings without recommendation without amendment. Without written report.

  3. Committee on Commerce. Reported to Senate by Senator Hollings without recommendation without amendment. Without written report.

  4. Committee on Commerce. Ordered to be reported without amendment without recommendation.

  5. Received in the Senate and read twice and referred to the Committee on Commerce.

  6. Motion to reconsider laid on the table Agreed to without objection.

  7. On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 423 - 5 (Roll No. 292).

    House roll call 292 · Individual votes
  8. Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 423 - 5 (Roll No. 292).

    House roll call 292 · Individual votes
  9. Considered as unfinished business. (CR H5246-5247)

  10. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 5, rule I, the chair announced that further proceedings on the motion would be postponed.

  11. DEBATE - The House proceeded with forty minutes of debate.

  12. Considered under suspension of the rules. (consideration: CR H5189-5216)

  13. Mr. Brooks moved to suspend the rules and pass the bill, as amended.

  14. Reported (Amended) by the Committee on Judiciary. H. Rept. 103-559, Part II.

  15. Placed on the Union Calendar, Calendar No. 313.

  16. Reported (Amended) by the Committee on Judiciary. H. Rept. 103-559, Part II.

  17. Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 103-559, Part I.

  18. Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 103-559, Part I.

  19. Mr. Brooks asked unanimous consent that the Committee on Judiciary have until midnight on June 24 to file a report on H.R. 3626. Agreed to without objection.

  20. Mr. Markey asked unanimous consent that the Committee on Energy and Commerce have until midnight on June 24 to file a report on H.R. 3626. Agreed to without objection.

  21. Ordered to be Reported (Amended) by Voice Vote.

  22. Committee Consideration and Mark-up Session Held.

  23. Ordered to be Reported (Amended).

  24. Committee Consideration and Mark-up Session Held.

  25. Forwarded by Subcommittee to Full Committee.

  26. Subcommittee Consideration and Mark-up Session Held.

  27. Forwarded by Subcommittee to Full Committee by Voice Vote.

  28. Subcommittee Consideration and Mark-up Session Held.

  29. Subcommittee Hearings Held.

  30. Subcommittee Hearings Held.

  31. Subcommittee Hearings Held.

  32. Subcommittee Hearings Held.

  33. Subcommittee Hearings Held.

  34. Subcommittee Hearings Held.

  35. Referred to the Subcommittee on Telecommunications and Finance.

  36. Referred to the Subcommittee on Economic and Commercial Law.

  37. Sponsor introductory remarks on measure. (CR E3032)

  38. Referred to the House Committee on Judiciary.

  39. Referred to the House Committee on Energy and Commerce.

  40. Sponsor introductory remarks on measure. (CR H10911)

  41. Introduced in House

  42. Introduced in House

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