Summary: H.R.3850 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (10/03/2000)

Independent Telecommunications Consumer Enhancement Act of 2000 - Amends the Communications Act of 1934 to define a "two percent carrier" as an incumbent local telecommunications exchange carrier with fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide.

Directs the Federal Communications Commission (FCC), in adopting rules that apply to incumbent local exchange carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on two percent carriers. Authorizes a two percent carrier to seek a waiver or reconsideration of an adopted rule which does not separately evaluate such burden upon such carriers.

Prohibits the FCC from requiring a two percent carrier to file cost allocation manuals or Automated Reporting and Management Information systems (but requires a two percent carrier that qualifies as a class A carrier to annually certify to the FCC that such carrier's cost allocation complies with FCC rules).

Prohibits the FCC from requiring any two percent carrier to establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services, or to maintain separate officers, personnel, facilities, books or accounts, or other operations.

States that the participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association (NECA) or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. Authorizes a two percent carrier to elect to be regulated by the FCC under price cap regulation, or to withdraw from such regulation, for one or more of its study areas at any time.

Directs the FCC to permit two percent carriers to introduce new telecommunications services by filing a tariff on one day's notice, without making any other showing before the FCC in advance of such filing.

Allows any two percent carrier to deaverage its interstate switched or special rates and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the FCC that an unaffiliated carrier has engaged in facilities-based entry within such carrier's service area. Requires the FCC to regulate such two percent carrier as non-dominant, and therefore not subject to tariffing of interstate services, after such certification. Allows such a carrier to participate in the common line tariff administered and filed by the NECA or any successor tariff or administrator by electing to include one or more of its study areas in such tariff.

Requires the FCC to determine: (1) within 60 days after application that the public interest, convenience, and necessity will be served by a merger or acquisition between two percent carriers; and (2) within 90 days a petition by a two percent carrier for reconsideration or waiver of a rule, policy, or other FCC requirement (as authorized under this Act).