Communications Opportunity, Promotion, and Enhancement Act of 2006

HR 5252, The Communications Opportunity, Promotion, and Enhancement Act of 2006 is a major telecommunications bill that would amend the Communications Act of 1934 (47 U.S.C. 541 et seq.). Its author and prime sponsor is House Energy and Commerce Committee Chairman Joe Barton (R-TX).

The bill would allow phone companies to enter the broadband market without first getting local approval, according to Free Press. It would also set up a national franchise for cable companies, according to the Congressional Budget Office, replacing the current system of locally negotiated contracts.

In addition, from CBO: The bill would preempt state and local consumer protection laws; preempt local government authority over municipal rights of way; and preempt state laws prohibiting local governments from offering certain services to provide Internet access.

In a slight nod to consumers, the bill prohibits companies from requiring that a customer purchase other services (such as cable or VOIP) as a condition of purchasing broadband service. It is unclear if this provision will allow cable customers to choose a different internet service provider from the cable company.


Opposition
Critics contend the bill has only minimal protection for network neutrality. An amendment, offered by four Democrats, which would have helped guarantee an open Internet, failed to move from committee. It failed 28-8 in the Subcommittee on Telecommunications and the Internet; it failed 34-22 in the full vote of the Energy and Commerce Committee.

Local governments are opposing the bill because it would strip them of authority to regulate cable franchises and access to public rights-of-way. The bill would transfer that authority to the Federal Communications Commission (FCC). From Illinois:

THE BILL strips local governments of their authority to franchise the use of their rights-of-way for video/cable services and gives that authority to the Federal Communications Commission (FCC) in Washington, D.C. The FCC has never had the authority to regulate local public rights-of-way and has no expertise concerning local streets, sidewalks, public safety or traffic patterns.

THE BILL gives the FCC the authority to oversee and second-guess all local rights-of-way management practices and all customer service issues. Incidents occurring in local rights-of-way are public safety concerns and must be addressed immediately and locally. This bill completely ignores the reality that the FCC is not able to respond in a timely manner to these rights-of-way concerns. The FCC does not and never will have the resources to handle all customer complaints nationwide, and local governments are best situated to respond to their residents? complaints.

THE BILL, which is being hurried to the House Floor for a vote this week, allows providers of the broadband-video service, through the national franchise, to use the public rights-of-way in a community, but pick and choose which neighborhoods they wish to serve while bypassing all others completely. The bill would even allow broadband/video providers to avoid maintaining or upgrading facilities in poorer neighborhoods while affluent neighborhoods receive cutting-edge services and lower prices.

Bill Status:

• 26 April - Moved from House Energy Committee. Vote: 42-12
• 1 May - Introduced in House; referred to Energy Committee

More Information:

• Summary and Impact: From Congressional Budget Office
• Bill Text: From Thomas / Library of Congress
• Sponsors - Alpha
• Sponsors - Chronological