Telecommunications Act of 1996

TABLE OF CONTENTS: Title I: Telecommunication Services Subtitle A: Telecommunications Services Subtitle B: Special Provisions Concerning Bell Operating Companies Title II: Broadcast Services Title III: Cable Services Title IV: Regulatory Reform Title V: Obscenity and Violence Subtitle A: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities Subtitle B: Violence Subtitle C: Judicial Review Title VI: Effect on Other Laws Title VII: Miscellaneous Provisions Telecommunications Act of 1996 - Title I: Telecommunication Services - Subtitle A: Telecommunications Services - Amends the Communications Act of 1934 (the Act) to establish a general duty of telecommunications carriers (carriers): (1) to interconnect directly or indirectly with the facilities and equipment of other carriers; and (2) not to install network features, functions, or capabilities that do not comply with specified guidelines and standards. Sets forth the obligations of local exchange carriers (LECs), including the duty: (1) not to prohibit resale of their services; (2) to provide number portability; (3) to provide dialing parity; (4) to afford access to poles, ducts, conduits, and rights-of-way consistent with pole attachment provisions of the Act; and (5) to reestablish reciprocal compensation arrangements for the transport and termination of telecommunications. Imposes additional obligations on incumbent LECs (incumbent LEC requirements), including the duty to: (1) negotiate in good faith the terms and conditions of agreements; (2) provide interconnection at any technically feasible point of the same quality they provide to themselves, on just, reasonable, and nondiscriminatory terms and conditions; (3) provide access to network elements on an unbundled basis; (4) offer resale of their telecommunications services at wholesale rates; (5) provide reasonable public notice of changes to their networks; and (6) provide physical collocation, or virtual collocation if physical collocation is impractical. Directs the Federal Communications Commission (FCC) to complete, within six months, all actions necessary to establish regulations to implement such requirements. States that nothing precludes the enforcement of State regulations that are consistent with those requirements. Requires the FCC to create or designate one or more impartial entities to administer telecommunications numbering and to make such numbers available on an equitable basis. Directs that the cost of numbering administration and number portability be borne by all carriers on a competitively neutral basis. Exempts a rural telephone company from incumbent LEC requirements until such company has received a bona fide request from interconnection, services, or network elements and the State commission determines that such request is not unduly economically burdensome, is technically feasible, and is consistent with universal service provisions, except the public interest determination. Sets forth provisions regarding: (1) State termination of the exemption and the establishment of an implementation schedule; and (2) limits on the exemption. Authorizes an LEC with fewer than two percent of the subscriber lines installed in the aggregate nationwide to petition for a suspension or modification of specified requirements for the telephone exchange service facilities specified in the petition. Directs the State commission to grant such petition to the extent that it is necessary to avoid significant adverse economic impacts on users of telecommunications services or to avoid imposing an undue economic burden or a technically infeasible requirement, where such suspension or modification is in the public interest. Provides for the continued enforcement of exchange access and interconnection requirements. Authorizes an incumbent LEC to voluntarily negotiate and enter into a binding agreement with a requesting carrier without meeting incumbent LEC requirements. Directs that such agreement: (1) include a detailed schedule of itemized charges for interconnection and each service or network element included in the agreement; and (2) be submitted to the State commission. Permits any party negotiating such an agreement to ask a State commission to participate in the negotiation and to mediate any differences arising in the course of the negotiation. Authorizes the carrier or any other party to the negotiation, from the 135th through the 160th day after the date on which an incumbent LEC receives a request for negotiation, to petition a State commission to arbitrate any open issues. Sets forth provisions regarding the duty of the petitioner, opportunity to respond, action by the State commission, refusal to negotiate, standards for arbitration, and pricing standards. Requires any interconnection agreement adopted by negotiation or arbitration to be submitted for approval to the State commission. Sets forth provisions regarding grounds for rejection, preservation of authority by the State commission, the schedule for decision, failure of the State commission to act, and review of State commission actions. Authorizes a Bell operating company (BOC) to prepare and file with a State commission a statement of the terms and conditions that such company generally offers within that State to comply with incumbent LEC requirements and applicable regulations and standards. Sets forth provisions regarding State commission review, the schedule for review, and authority to continue review. Specifies that submission or approval of the statement shall not relieve a BOC of its duty to negotiate the terms and conditions of an agreement regarding interconnection. Sets forth provisions regarding: (1) consolidation of State proceedings; (2) a required filing by the State commission; and (3) availability of any interconnection, service, or network element provided under an approved agreement to which the LEC is a party to any other requesting carrier on the same terms and conditions as those provided in the agreement. Preempts any State and local statutes, regulations, or requirements that prohibit or have the effect of prohibiting any entity from providing interstate or intrastate telecommunications services. Preserves a State's authority to impose, on a competitively neutral basis and consistent with universal service provisions, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers. Authorizes a State, without violating the prohibition on barriers to entry, to require a competitor seeking to provide service in a rural market to meet the requirements for designation as an eligible carrier. Makes this provision inapplicable to: (1) a service area served by a rural telephone company that has obtained an exemption, suspension, or modification that effectively prevents a competitor from meeting such requirements; and (2) a provider of commercial mobile services. Requires: (1) the FCC to institute and refer to a Federal-State Joint Board a proceeding to recommend changes to any of its regulations to implement specified requirements, including the definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for completion of such recommendations; (2) one member of the Board to be a State- appointed utility consumer advocate nominated by a national organization of State utility consumer advocates; and (3) the Board, after notice and opportunity for public comment, to make its recommendations to the FCC within nine months. Directs the Board and the FCC to base policies for the preservation and advancement of universal service on: (1) availability of quality services at just, reasonable, and affordable rates; (2) access to advanced telecommunications and information services to all regions of the nation; (3) access and costs in rural and high cost areas that are reasonably comparable to that provided in urban areas; (4) equitable and nondiscriminatory contribution by all telecommunications services providers; (5) specific and predictable support mechanisms; (6) access to advanced telecommunications services for schools, health care, and libraries; and (7) such other principles as the Board and the FCC determine are in the public interest. Defines "universal service" as an evolving level of telecommunications services that the FCC shall establish periodically, taking into account advances in telecommunications and information technologies and services. Requires all carriers providing interstate telecommunications services to contribute to the preservation and advancement of universal service. Authorizes the FCC to exempt a carrier or class of carriers if their contribution would be "de minimis." Provides that only designated eligible carriers shall be eligible to receive specific Federal universal service support. Grants States authority to adopt regulations not inconsistent with the FCC's rules. Requires all providers of intrastate telecommunications to contribute to universal service within a State in an equitable and nondiscriminatory manner, as determined by the State. Permits a State to adopt additional requirements with respect to universal service in that State as long as such requirements do not rely upon or burden Federal universal service support mechanisms. Directs: (1) the FCC, within six months, to adopt rules to require that the rates charged by providers of interexchange telecommunications services to subscribers in rural and high cost areas shall be no higher than those charged by each such provider to its subscribers in urban areas; and (2) such rules to require that a provider of interstate interexchange telecommunications services provide such services to its subscribers in each State at rates no higher than those charged to its subscribers in any other State. Requires a carrier, upon receiving a bona fide request, to provide telecommunications services: (1) which are necessary for the provision of health care services in a State, including instruction relating to such services, to any public or nonprofit health care provider that serves persons who reside in rural areas in that State at rates that are reasonably comparable to those charged for similar services in urban areas in that State; and (2) for educational purposes included in the definition of universal service for elementary and secondary schools and libraries at rates that are less than the amounts charged for similar services to other parties, as necessary to ensure affordable access to and use of such services. Permits a carrier providing such service to have an amount equal to the amount of the discount treated as an offset to its obligation to contribute to the mechanisms, or receive reimbursement utilizing the support mechanisms, to preserve and advance universal service. Directs the FCC to establish competitively neutral rules to: (1) enhance access to advanced telecommunications and information services for all public and nonprofit elementary and secondary school classrooms, health care providers, and libraries; and (2) define the circumstances under which a carrier may be required to connect its network to such public institutional telecommunications users. Specifies that: (1) telecommunications services and network capacity provided to health care providers, schools, and libraries may not be resold or transferred for monetary gain; and (2) for-profit businesses, elementary and secondary schools with endowments of more than $50 million, and libraries that are not eligible to participate in State-based plans for funds under the Library Services and Construction Act are ineligible to receive discounted rates. Requires the FCC and the States to ensure that universal service is available at rates that are just, reasonable, and affordable. Prohibits a carrier from using services that are not competitive to subsidize those that are subject to competition. Requires the FCC, with respect to interstate services, and the States, for intrastate services, to establish any necessary cost allocation rules, accounting safeguards, and guidelines to ensure that services included in the definition of universal service bear no more than a reasonable share of the joint and common costs of facilities used to provide those services. Requires that: (1) if readily achievable, manufacturers of telecommunications and customer premises equipment ensure that equipment is designed, developed, and fabricated to be, and providers of telecommunications services ensure that service is, accessible and usable by individuals with disabilities; and (2) whenever such requirements are not readily achievable, such a manufacturer or provider shall ensure that the equipment or service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by such individuals to achieve access, if readily achievable. Directs the Architectural and Transportation Barriers Compliance Board to develop guidelines for accessibility of telecommunications and customer premises equipment in conjunction with the FCC and to review and update the guidelines periodically. Requires the FCC to establish procedures for its oversight of coordinated network planning by carriers and other providers of telecommunications service for the effective and efficient interconnection of public telecommunications networks used to provide such service. Authorizes the FCC to participate in the development by industry standards-setting organizations of public telecommunications network interconnectivity standards that promote access to public telecommunications networks used to provide service, network capabilities and services by individuals with disabilities, and information services by subscribers of rural telephone companies. Directs the FCC to: (1) complete a proceeding for the purpose of identifying and eliminating market entry barriers for entrepreneurs and other small businesses in the provision and ownership of telecommunications and information services, or in the provision of parts or services to providers of such services; (2) seek to promote the policies and purposes of the Act favoring diversity of media voices, vigorous economic competition, technological advancement, and promotion of the public interest; and (3) periodically review and report to the Congress on any regulations prescribed to eliminate such barriers and the statutory barriers that it recommends be eliminated, consistent with the public interest. Prohibits a carrier from submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with such verification procedures as the FCC shall prescribe. Makes any carrier that violates such procedures and collects charges for such a service from a subscriber liable to the carrier previously selected by the subscriber in an amount equal to all charges paid by such subscriber after such violation. Directs the FCC to prescribe regulations that require incumbent LECs to share network facilities, technology, and information with qualifying carriers where the qualifying carrier requests such sharing for the purpose of providing telecommunications services or access to information services in areas where the carrier is designated as an essential carrier. Establishes the terms and conditions of such regulations. Requires LECs sharing infrastructure to provide information to sharing parties about deployment of services and equipment, including software. Prohibits any LEC subject to interconnection requirements under this Act from: (1) subsidizing its telemessaging service directly or indirectly from its telephone exchange service or its exchange access; and (2) preferring or discriminating in favor of its telemessaging service operations in its provision of telecommunications services. Directs the FCC to establish procedures or regulations thereunder for the expedited receipt and review of complaints alleging violations that result in material financial harm to providers of telemessaging services. (Sec. 102) Specifies that a common carrier designated as an "eligible telecommunications carrier" shall: (1) be eligible to receive universal service support; and (2) throughout the service area for which the designation is received, offer the services that are supported by Federal universal service support mechanisms either using its own facilities or a combination of its own facilities and resale of another carrier's services, and advertise the availability of such services and the charges therefor using media of general distribution. Requires a State commission to designate such a carrier for the service area. Authorizes (in the case of an area served by a rural telephone company) or requires (in the case of all other areas) the State commission to designate more than one common carrier as an eligible carrier for a service area designated by the State commission, as long as each additional requesting carrier meets the requirements of this section and such designation is in the public interest. Sets forth provisions regarding: (1) designation of eligible carriers for unserved areas; and (2) relinquishment of universal service (in areas served by more than one eligible carrier). (Sec. 103) Amends the Public Utility Holding Company Act of 1935 (PUHCA) to allow registered holding companies to diversify into telecommunications, information, and related services and products where the Securities and Exchange Commission (SEC) determines that a registered holding company is providing telecommunications, information, and other related services through a single purpose subsidiary, designated an "exempt telecommunications company" (ETC). Requires prior State approval before any utility that is associated with a registered holding company may sell to an ETC any asset in the retail rates of that utility as of December 19, 1995. Specifies that the ownership of ETCs by registered holding companies shall not be subject to prior approval or other restriction by the SEC, but the relationship between an ETC and a registered holding company shall remain subject to SEC jurisdiction, with exceptions. Requires any registered holding company or subsidiary thereof that acquires or holds the securities, or an interest in the business, of an ETC to file with the SEC such information as the SEC may prescribe concerning: (1) investments and activities by the registered holding company, or any subsidiary thereof, with respect to ETCs; and (2) any activities of an ETC within the holding company system that are reasonably likely to have a material impact on the financial or operational condition of the holding company system. Prohibits public utility companies from assuming the liabilities of an ETC and from pledging or mortgaging the assets of a utility for the benefit of an ETC. Sets forth provisions regarding: (1) protection against abusive affiliate transactions; and (2) non-preemption of rate authority. Prohibits reciprocal arrangements to avoid the provisions of this section among companies that are not affiliates or associate companies of each other. Authorizes State commissions to: (1) examine the books and records of the ETC and any public utility company, associate company, or affiliate in the registered holding company system as they relate to the activities of the ETC; and (2) order an audit of a public utility company that is an associate of an ETC. (Sec. 104) Amends the Act to specify that a purpose of the Act is to make available service to all the people of the United States without discrimination on the basis of race, color, religion, national origin, or sex. Subtitle B: Special Provisions Concerning Bell Operating Companies - Requires a BOC to obtain FCC authorization prior to offering "interLATA" (i.e., long-distance; "LATA" means "local access and transport area") service within its region unless those services are previously authorized or incidental to the provision of another service, in which case interLATA service may be offered after the date of this Act's enactment. Permits a BOC to offer out-of-region services immediately after such date. Sets forth requirements for a BOC's provision of interLATA services originating in an in-region State, including: (1) the presence of a facilities-based competitor or competitors (but the presence of a competitor offering exchange access, telephone exchange service offered exclusively through the resale of the BOC's telephone exchange service, and cellular service does not meet such requirement); or (2) the failure of a facilities-based competitor to request access or interconnection. Establishes specific interconnection requirements, including a competitive checklist that a BOC must satisfy as part of its entry test (e.g., interconnection in accordance with specified requirements, nondiscriminatory access to 911 services, and reciprocal compensation arrangements). Sets forth administrative provisions regarding applications for BOC entry. Authorizes the Attorney General to provide to the FCC an evaluation of an application using any standard the Attorney General deems appropriate. Sets forth provisions regarding FCC determinations, limits on FCC actions, publication of determinations, and enforcement of conditions required for approval. Directs the FCC to establish procedures for the review of complaints concerning failures by BOCs to meet such conditions. Prohibits joint marketing of local services obtained from the BOC and long distance service within a State by carriers with more than five percent of the nation's presubscribed access line for three years after the date of enactment, or until a BOC is authorized to offer interLATA services within that State, whichever is earlier. Requires any BOC authorized to offer interLATA services to provide intraLATA toll dialing parity coincident with its exercise of that interLATA authority. Bars States from ordering a BOC to implement toll dialing parity prior to its entry into interLATA service. Provides that any single-LATA State or any State that has issued an order by December 19, 1995, requiring a BOC to implement intraLATA toll dialing parity is grandfathered under this Act, with the prohibition against "non-grandfathered" States expiring three years after this Act's enactment date. Sets forth "incidental" interLATA activities that the BOCs are permitted to provide upon the date of enactment. Prohibits a BOC (including any affiliate) which is an LEC from providing specified services (including manufacturing activities, origination of interLATA telecommunications services other than incidental interLATA services, out-of-region services, or previously authorized activities and interLATA information services other than electronic publishing and alarm monitoring services) unless it does so through an entity that is separate from any entities that provide telephone exchange service. Delineates structural and transactional requirements that apply to the separate subsidiary, including operating independently from the BOC, maintaining separate books and records, having separate officers, not obtaining credit under any arrangement that would permit a creditor upon default to have recourse to the BOC's assets, and conducting transactions with the BOC on an arm's length basis. Sets forth provisions regarding: (1) non-discrimination safeguards; (2) biennial audit requirements; (3) sunset of provisions of this section; and (4) joint marketing. Permits a BOC to: (1) engage in manufacturing after the FCC authorizes the company to provide interLATA services in any in-region State; (2) collaborate with a manufacturer of customer premises or telecommunications equipment during the design and development of hardware or software; and (3) engage in research activities relating to manufacturing and enter into royalty agreements with manufacturers of telecommunications equipment. Requires each BOC to maintain and file with the FCC information on protocols and technical requirements for connection with and use of its telephone exchange service facilities. Sets forth provisions regarding: (1) manufacturing limitations for standard-setting organizations; (2) alternate dispute resolution; (3) BOC equipment procurement and sales; and (4) FCC enforcement authority. Prohibits a BOC or any affiliate from engaging in the provision of electronic publishing that is disseminated by means of such BOC's or any of its affiliates' basic telephone service, but allows a separated affiliate or electronic publishing joint venture (EPJV) operated in accordance with this section to engage in electronic publishing. Requires a separated affiliate or EPJV to be operated independently from the BOC and to maintain separate books and records. Prohibits the affiliate from incurring debt in a manner that would permit a creditor upon default to have recourse to the BOC's assets. Sets forth provisions governing the manner in which transactions by the affiliate must be carried out (to ensure that they are fully auditable) and governing the valuation of assets transferred to the affiliate (to prevent cross subsidies). Prohibits the affiliate and the BOC from having corporate officers or property in common. Prohibits the separate affiliate or EPJV from marketing the name, trademarks, or service marks of an existing BOC except for those that are owned by the entity that owns or controls the BOC. Prohibits a BOC from engaging in joint marketing of any promotion, marketing, sales, or advertising with its affiliate, except that a BOC may: (1) provide inbound telemarketing or referral services related to the provision of electronic publishing if the BOC provides the same service on the same terms, conditions, and prices to non-affiliates as to its affiliates; (2) engage in non-discriminatory teaming or business arrangements; and (3) participate in EPJVs, provided that the BOC or affiliate has not more than a 50 percent (or, for small publishers, 80 percent) direct or indirect equity interest in the publishing joint venture. Requires a BOC that enters the electronic publishing business through a separated affiliate or EPJV to provide network access and interconnection to electronic publishers at just and reasonable rates that are not higher on a per-unit basis than those charged to any other electronic publisher or any separated affiliate engaged in electronic publishing. Entitles a person claiming a violation of this section to file a complaint with the FCC or to bring suit as provided in the Act. Prohibits a BOC or affiliate thereof from engaging in the provision of alarm monitoring services before five years after the date of this Act's enactment, except for such services by a BOC that was engaged in providing such services as of November 30, 1995, directly or through an affiliate (but such BOC may not acquire an equity interest in or obtain financial control of any unaffiliated alarm monitoring services entities from November 30, 1995, until five years after the enactment date). Provides that an incumbent LEC engaged in the provision of alarm monitoring services shall: (1) provide nonaffiliated entities, upon reasonable request, with the network services it provides to its own alarm monitoring operations on non-discriminatory terms and conditions; and (2) not subsidize its alarm monitoring services directly or indirectly from telephone exchange service operations. Requires the FCC to establish procedures for the receipt and review of complaints concerning violations of such provision or the regulations thereunder that result in material financial harm to a provider of alarm monitoring service. Bars an LEC from recording or using in any fashion the occurrence or contents of calls received by providers of alarm monitoring services for purposes of marketing such services on behalf of such LEC or any other entity. Directs the FCC to adopt rules that eliminate discrimination between BOC and independent payphones and subsidies or cost recovery for BOC payphones from regulated interstate or intrastate exchange or exchange access revenue. Authorizes the FCC, if it determines that it is in the public interest, to allow the BOC's to have the same rights as independent payphone providers in negotiating with the interLATA carriers for their payphones. Grants the location provider the ultimate decision-making authority in determining interLATA services in connection with the choice of payphone providers. Title II: Broadcast Services - Requires the FCC, if it determines that it will issue additional licenses for advanced TV services, to: (1) limit the initial eligibility for such licenses to persons who are licensed to operate a TV broadcast station, who hold a permit to construct such a station, or both; and (2) adopt regulations that allow such licensees or permittees to offer such ancillary or supplementary services on designated frequencies as may be consistent with the public interest, convenience, and necessity. Provides for the: (1) recovery for FCC reallocation or reassignment of the original or additional license of a person licensed to operate a TV broadcast station; and (2) charging and collection of fees from licensees by the FCC for the authorized use of designated frequencies. Requires a report from the FCC to the Congress on the implementation of this provision. Requires the FCC, within ten years after the first issuance of additional licenses, to conduct an evaluation of the advanced TV services program. (Sec. 202) Directs the FCC to modify its multiple ownership rules to eliminate its limitation on the number of radio stations which may be owned or controlled nationally. Limits the number of radio stations an entity may own, operate, or control in a local market, with an exception when the FCC determines that such ownership, operation, or control will increase the number of radio broadcast stations in operation. Directs the FCC to: (1) eliminate its limitation on the number of TV stations which may be owned or controlled nationally; (2) increase to 35 percent the national audience reach limitations for TV stations; and (3) conduct a rulemaking proceeding to determine whether its rules restricting ownership of more than one TV station in a local market should be retained, modified, or eliminated. Directs the FCC to extend its waiver policy with respect to its one-to-a-market ownership rules to any of the top 50 markets. Directs the FCC to permit a TV station to affiliate with an entity that maintains two or more networks unless such networks are composed of: (1) two or more of the four existing networks (ABC, CBS, NBC, FOX); or (2) any of the four existing networks and one of the two emerging networks (WBTN, UPN). Directs the FCC to: (1) permit an entity to own or control a network of broadcast stations and a cable system; and (2) revise ownership regulations if necessary to ensure carriage, channel positioning, and nondiscriminatory treatment of nonaffiliated broadcast stations by a cable system. Requires the FCC to revise all such rules biennially. Repeals current restrictions on broadcast- cable crossownership under the Communications Act. (Sec. 203) Provides an eight-year license term for both TV and radio broadcast licenses. (Sec. 204) Revises provisions regarding renewal procedures for the operation of TV broadcast stations. Includes standards for both renewal and denial of an application. Requires each renewal applicant to attach to such application a summary of comments and suggestions from the public regarding violent programming. Makes such amendment effective with respect to applications filed after May 1, 1995. (Sec. 205) Extends to direct broadcast services current protections against signal piracy. Empowers the FCC with exclusive jurisdiction to regulate direct-to-home satellite services. (Sec. 206) Provides that any ship documented under U.S. laws operating under the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio telegraphy station operated by one or more radio officers or operators. (Sec. 207) Directs the FCC to promulgate regulations to prohibit restrictions that impair a viewer's ability to receive video programming services through devices designed for over-the-air reception of TV broadcast signals, multichannel multipoint distribution service, or direct broadcast satellite services. Title III: Cable Services - Revises the definitions of "cable service" and "cable system" for purposes of the Act. Directs the FCC to: (1) review any complaint submitted by a franchising authority after the date of enactment of this Act concerning an increase in rates for cable programming services; and (2) issue a final order within 90 days, unless the parties agree to extend the review period. Terminates such review authority for cable programming services provided after March 31, 1999. Makes such provision inapplicable with respect to: (1) operators providing video programming services in areas subject to effective competition (as defined); or (2) any video programming offered on a per channel or per program basis. Exempts from certain cable rate regulation provisions small cable operators (serving fewer than one percent of all cable subscribers in the United States, serving no more than 50,000 subscribers, and not affiliated with any entity whose gross annual revenues exceed $250 million). Revises provisions with respect to cable TV market determinations, requiring an expedited decisionmaking process. Prohibits any State or franchising authority from restricting in any way a cable system's use of any type of subscriber equipment or transmission technology. Sets forth provisions with respect to: (1) cable equipment compatibility; and (2) subscriber notice (allowing any reasonable means at the cable operator's discretion). Repeals anti-trafficking restriction provisions of the Act. Directs the FCC to allow cable operators to aggregate equipment costs into broad categories, regardless of the function levels of such equipment within such categories. Provides for the treatment of prior-year losses of a cable system. (Sec. 302) Subjects common carriers providing video programming to subscribers using radio communications to the requirements of title III and to the ownership and joint venture restrictions set forth in the following paragraph, but not to other requirements of title VI of the Act. States that such carriers providing such programming on a common carrier basis shall be subject to such requirements and restrictions, but not to other requirements of title VI. Allows such carrier to elect to provide such programming by means of an open video system, stating that such a provider need not make capacity available on a nondiscriminatory basis to any other person for the provision of cable service directly to subscribers. Prohibits any LEC or affiliate from purchasing or otherwise acquiring more than a ten percent financial interest, or any management interest, in any LEC providing telephone exchange service within such cable operator's franchise area. Prohibits an LEC and a local cable operator from entering into a joint venture to provide video programming directly to subscribers or to provide telecommunications services within such market. Provides exceptions, including exceptions for joint ventures in rural areas, joint use of transmission facilities in limited circumstances, acquisitions made in competitive markets, exempt cable systems (cable systems serving less than 17,000 subscribers, with other restrictions), and small cable systems located in nonurban areas. Authorizes the FCC to waive such financial interest or joint venture restrictions in cases of undue economic distress, economic viability, anticompetitive effects of such restrictions, or when the local franchising authority approves such waiver. Authorizes an LEC to provide cable service to its subscribers through an open video system that complies with this section. Outlines, with respect to the provision of such service through such system, provisions concerning: (1) certificates of compliance; (2) dispute resolution; (3) FCC regulations; (4) consumer access; (5) reduced regulatory burdens for such systems; and (6) FCC implementation of appropriate rules and regulations within six months after the enactment of this Act. States that an operator of an open video system may be subject to the payment of fees based on gross revenues in lieu of cable TV franchising fees. (Sec. 303) Sets forth provisions regarding preemption of franchising authority regulation of telecommunications services. Prohibits a franchising authority from ordering a cable operator to discontinue the provision of a telecommunications service or a cable system to the extent it is used to provide a telecommunications service by reason of the failure of the cable operator to obtain a franchise or franchise renewal for the provision of such service. Prohibits a franchising authority from requiring a cable operator to provide any telecommunications service or facilities, other than institutional networks, as a condition of the initial grant of a franchise, franchise renewal or franchise transfer. (Sec. 304) Directs the FCC to adopt regulations to ensure the commercial availability of convertor boxes, interactive equipment, and related equipment used to access multichannel video programming (MVP) from manufacturers, retailers, or other vendors not affiliated with any MVP distributor. Ensures the continued system security of MVP services. Provides FCC waiver authority with respect to provisions adopted under this section. (Sec. 305) Directs the FCC, within 180 days after the enactment of this Act, to complete an inquiry to ascertain the level at which video programming is closed captioned. Provides closed captioning accountability criteria and requires a schedule of deadlines for the provision of such service. Provides exemptions from such requirements in cases of economic burden, inconsistency with current contracts, or undue burden of a significant difficulty or expense (with specified factors). Directs the FCC to: (1) commence an inquiry to examine the use of video descriptions on video programming in order to ensure the accessibility of such programming to persons with visual impairments; and (2) report to the Congress on its findings. Title IV: Regulatory Reform - Directs the FCC to forbear from applying any regulation or provision of the Act to a telecommunications carrier or service if it determines that: (1) enforcement is not necessary to ensure that charges, practices, and classifications are just and reasonable and not discriminatory; (2) enforcement is not necessary for the protection of consumers; and (3) forbearance is consistent with the public interest. Directs the FCC to consider whether such forbearance will promote competitive market conditions. Allows any carrier to petition for such forbearance, requiring an FCC ruling within one year of such petition. Prohibits State enforcement of a regulation or provision after FCC-granted forbearance. (Sec. 402) Directs the FCC, in every even-numbered year beginning with 1998, to: (1) review all regulations issued under the Act that apply to the operations or activities of a provider of telecommunications services; and (2) determine whether such regulation is no longer necessary in the public interest. Requires the FCC to repeal or modify any regulation so determined. Provides procedures for streamlining such repeals or modifications. (Sec. 403) Eliminates or reduces specified FCC regulations, functions, and authority with respect to: (1) amateur radio examination procedures; (2) the designation of inspection entities; (3) instructional TV fixed service processing; (4) the setting of depreciation rates; (5) the use of independent auditors; (6) the delegation to private laboratories of equipment testing and certification; (7) the uniformity of license modifications; (8) jurisdiction over Government-owned ship radio stations; (9) the operation of domestic ship and aircraft radios without licenses; (10) fixed microwave service licensing; (11) foreign directors; (12) limitations on silent station authorizations; (13) construction permit requirements; (14) inspections of broadcast station equipment and apparatus; and (15) inspections by entities other than the FCC. Title V: Obscenity and Violence - Subtitle A: Obscene, Harassing, and Wrongful Utilization of Telecommunication Facilities - Communications Decency Act of 1996 - Revises provisions of the Communications Act prohibiting obscene or harassing telephone calls and conversation to apply to obscene or harassing use of a telecommunications facility and communication. Increases the penalties for violations. Prohibits using a telecommunications device to: (1) make or initiate any communication which is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; (2) make or make available obscene communication; (3) make or make available an indecent communication to minors. Provides that no person shall be held to have violated such prohibition solely for providing access or connection to a telecommunications facility, system, or network not under such person's control. Provides employers with a defense for actions by employees unless the employee's conduct is within the scope of employment and is known, authorized, or ratified by the employer. Establishes as a defense to prohibited communications that a person has taken, in good faith, reasonable, effective, and appropriate actions to prevent access by minors or has restricted access by requiring use of a verified credit card, debit account, or adult access code or personal identification number. (Sec. 504) Requires cable operators, upon request, to fully scramble or block programming to which the subscriber does not subscribe. (Sec. 505) Requires a multichannel videoprogramming distributor: (1) to fully scramble or block sexually explicit adult programming so that nonsubscribers do not receive it; and (2) until it complies with such requirement, to not provide such programming during the hours of the day when a significant number of children are likely to view it. (Sec. 506) Allows cable operators to refuse to transmit any public access or leased access program which contains obscenity, indecency, or nudity. (Sec. 507) Amends the Federal criminal code to specify that current obscenity statutes prohibit using a computer to import or transport in interstate or foreign commerce, for sale or distribution, obscene material, including material designed, adapted, or intended for producing abortion or for any indecent or immoral use. (Sec. 508) Prohibits using any facility or means of interstate or foreign commerce to persuade, induce, entice, or coerce a minor to engage in prostitution or any sexual act for which any person may be criminally prosecuted. (Sec. 509) Provides that no provider or user of an interactive computer service shall be held liable for any voluntary action taken to restrict access to, or to enable information content providers to restrict access to, material that the user or provider considers to be objectionable, whether or not such material is constitutionally protected. Subtitle B: Violence - Directs the FCC, if it determines that video programming distributors have not, within one year, voluntarily established rules for rating programming that contains sexual, violent, or other indecent material about which parents should be informed before it is displayed to children and voluntarily agreed to broadcast signals that contain such ratings, to: (1) establish an advisory committee to recommend guidelines and procedures for rating such programming; (2) prescribe such guidelines and procedures; and (3) prescribe rules requiring programming distributors to transmit such rating to permit parents to block inappropriate programming. Directs the FCC, not less than two years after enactment of this Act, to require apparatus designed to receive TV signals that are shipped in interstate commerce or manufactured in the United States and that have a picture screen of 13 inches or greater (measured diagonally) to be equipped with a feature designed to enable viewers to block display of all programs with a common rating. Authorizes the FCC to allow apparatus manufacturers to comply with such requirement using alternative technology that meets certain standards of cost, effectiveness, and ease of use. (Sec. 552) Encourages broadcast television, cable, satellite, syndication, and other video programming distributors to establish a technology fund to encourage electronics equipment manufacturers to facilitate the development of technology which would empower parents to block programming deemed inappropriate for children and to encourage availability of such technology to low income parents. Subtitle C: Judicial Review - Provides for the expedited review of any civil action challenging the constitutionality of this title by a district court of three judges and by direct appeal to the Supreme Court. Title VI: Effect on Other Laws - Provides that any conduct or activity that was, before the enactment of this Act, subject to any restriction or obligation imposed by the AT&T Consent Decree, the GTE Consent Decree, or the McCaw Consent Decree shall, after enactment of this Act, be subject to the restrictions and obligations imposed by the Communications Act as amended by this Act. Provides that nothing in this Act shall be construed to modify, impair, or supersede: (1) the applicability of the antitrust laws; or (2) any State or local law pertaining to taxation, except with respect to fees for open video systems. Repeals a provision of the Communications Act permitting the FCC to render a proposed merger of competing local telephone companies exempt from any Act of Congress making the transaction unlawful. (Sec. 602) Exempts any provider of direct-to-home satellite service from the collection or remittance of any local tax or fee on such service. Title VII: Miscellaneous Provisions - Prohibits a party calling a toll-free telephone number from being assessed a charge by virtue of being asked to connect or otherwise transfer to a pay-per-call service. Prohibits the calling party from being charged for information conveyed during a call to a toll-free (800) number unless the calling party: (1) has a written agreement specifying the material terms and conditions under which the information is offered and which includes the rate at which charges are assessed and certain identifying information; or (2) is charged for the information only after the information provider includes an introductory disclosure message regarding the charge, rate, and means of billing for the call and the calling party is charged by means of a credit, prepaid, debit, charge, or calling card. Outlines provisions concerning: (1) billing arrangements; (2) required use of a personal identification number by the subscriber to obtain access to the information provided; (3) exceptions to the written agreement requirement; and (4) termination of service if a telecommunications carrier reasonably determines that a complaint against an information provider is valid. Amends the Telephone Disclosure and Dispute Resolution Act to authorize the FCC to extend the definition of "pay-per-call services" under such Act to other services that the FCC determines are susceptible to the unfair and deceptive billing practices addressed by such Act. (Sec. 702) Makes it the duty of every telecommunications carrier to protect the confidentiality of proprietary information of other carriers, equipment manufacturers, and customers. Permits a carrier that receives proprietary information from another carrier or a customer for purposes of providing any telecommunications service to use such information only for such purpose. Directs a carrier to disclose customer proprietary network information upon the customer's request. Permits a carrier to use, disclose, or permit access to aggregate customer information for other purposes. Requires a carrier that provides telephone exchange service to provide subscriber list information to any person upon request for the purpose of publishing directories in any format. (Sec. 703) Directs the FCC to prescribe regulations to: (1) govern the charges for pole attachments used by telecommunications carriers to provide telecommunications services, when the parties fail to resolve a dispute over such charges; and (2) ensure that utilities charge just, reasonable, and nondiscriminatory rates for the pole attachments. Requires a utility to apportion the cost of providing space on a pole based on the number of attaching entities. Requires any increase in the rates for pole attachments to be phased in over a five-year period. Requires a utility to provide a cable television system or any telecommunications carrier with nondiscriminatory access to any pole or right-of-way owned by it. Allows a utility company providing electric service to deny a cable television system or telecommunications carrier access to such poles when there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes. Requires utilities that engage in the provision of telecommunications services or cable services to impute to its costs of providing such service an equal amount to the pole attachment rate for which such company would be liable. Requires utilities to provide written notification to attaching entities of any plans to modify or alter its poles or other rights-of-way. Requires any attaching entity that modifies its own attachments to bear a proportionate share of the costs of such modifications. Prevents a utility from imposing the cost of rearrangements to other attaching entities if done solely for the benefit of the utility. (Sec. 704) Preserves State or local authority over decisions regarding the placement, construction, and modification of personal wireless service facilities, but prohibits State or local regulation thereof from: (1) unreasonably discriminating among providers of functionally equivalent services; or (2) prohibiting the provision of personal wireless services. Requires State or local action on requests regarding such facilities to occur within a reasonable time, with denials of requests to be in writing and supported by substantial evidence in a written record. Prohibits State or local regulation of such facilities on the basis of environmental effects of radio frequency emissions to the extent such facilities comply with FCC regulations. Provides for expedited judicial review and petitions of the FCC for relief from adverse State or local actions. Directs the President to prescribe procedures by which Federal agencies may make available property and rights-of-way for the placement of new telecommunications services that are dependent upon the utilization of Federal spectrum rights. (Sec. 705) Prohibits a commercial mobile services provider from being required to provide equal access to common carriers for the provision of telephone toll services. Directs the FCC, if it determines that subscribers to such services are denied access to the provider of telephone toll services of the subscribers' choice, contrary to the public interest, to prescribe regulations to afford subscribers unblocked access to the provider of telephone toll services of the subscribers' choice through the use of a carrier identification code assigned to such provider or other mechanism. Provides that such regulations shall not apply to mobile satellite services unless the FCC finds it to be in the public interest. (Sec. 706) Requires the FCC and each State telecommunications commission to encourage the deployment of advanced telecommunications capability to all Americans by utilizing price cap regulation, regulatory forbearance, measures that promote competition, or other regulating methods that remove barriers to infrastructure investment. Requires the FCC to regularly initiate a notice of inquiry concerning such availability and, if it determines it to be necessary, to take action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market. (Sec. 707) Establishes the Telecommunications Development Fund as a corporate body in the District of Columbia to promote access to capital for small businesses in order to enhance competition in the telecommunications industry, to stimulate new technology development, to promote employment and training, and to support universal service. Directs the Fund to: (1) make loans, investments, or other extensions of credit and provide financial advice to eligible small businesses; and (2) prepare research, studies, or financial analyses. (Sec. 708) Recognizes the National Education Technology Funding Corporation as a nonprofit corporation independent of the Federal Government and operating under the laws of the District of Columbia. Authorizes the Corporation to receive discretionary grants, contracts, gifts, contributions, or technical assistance from any Federal department or agency. Requires audits of the Corporation by independent certified public accountants. Provides reporting and recordkeeping requirements. Requires the accessibility of Corporation books for audit and examination. Directs the Corporation to report annually to the President and the Congress on operations and activities of the previous fiscal year. Requires Corporation members to be available to testify before the Congress concerning such operations and activities. (Sec. 709) Directs the Assistant Secretary of Commerce for Communications and Information to report annually to specified congressional committees concerning the activities of the Joint Working Group on Telemedicine, together with any findings in the studies and demonstrations on telemedicine funded by the Public Health Service or other Federal agencies. Specifies that such reports shall examine questions related to patient safety, the efficacy and quality of the services provided, and other legal, medical, and economic issues related to the utilization of advanced telecommunications services for medical purposes. (Sec. 710) Authorizes appropriations.

TABLE OF CONTENTS: Title I: Development of Competitive Telecommunications Markets Title II: Cable Communications Competitiveness Title III: Broadcast Communications Competitiveness Title IV: Effect on Other Laws Title V: Definitions Title VI: Small Business Complaint Procedure Communications Act of 1995 - Title I: Development of Competitive Telecommunications Markets - Amends the Communications Act of 1934 (the Act) to provide that the duty of a common carrier includes the duty to interconnect with the facilities and equipment of other providers of telecommunications and information services. Includes within the duty of a local exchange carrier specified duties with respect to providing: (1) interconnection; (2) unbundling of network elements; (3) services, elements, features, and capabilities (services) for resale at economically feasible rates to the reseller (establishes a duty to offer services for resale at wholesale rates and not to prohibit or impose unreasonable or discriminatory conditions or limitations on the resale of such services, on a bundled or unbundled basis, except that a carrier may prohibit a reseller that obtains at wholesale rates a service that is available at retail only to a category of subscribers from offering such service to a different category of subscribers); (4) number portability; (5) dialing parity; (6) access to rights-of-way; (7) network functionality and accessibility; and (8) good faith negotiation of agreements to fulfill such duties. Requires a local exchange carrier to provide, to any other carrier or person offering (or seeking to offer) a telecommunications or information service: (1) access to and interconnection with the facilities of the carrier's network at any technically feasible and economically reasonable point within the carrier's network on just and reasonable terms and conditions, upon request; and (2) reasonable and nondiscriminatory access on an unbundled basis to databases, signaling systems, poles, ducts, conduits, and rights-of-way owned or controlled by a local carrier that is equal to that afforded by the carrier to itself or to any other person and is available at nondiscriminatory prices and that is sufficient to ensure the full interoperability of the equipment and facilities of the carrier and of the person seeking such access. Directs the Federal Communications Commission (FCC) to establish regulations to implement requirements under this title within six months. Prohibits the FCC from precluding the enforcement of any regulation, order, or policy of a State commission that establishes access and interconnection obligations of local exchange carriers, that is consistent with this Act's requirements, and that does not substantially prevent the FCC from fulfilling requirements and purposes of this Act. Prohibits any: (1) service, element, feature, function, or capability that is made available for resale in any State by a Bell operating company (BOC) from being jointly marketed directly or indirectly with any "interlata," or long-distance, telephone toll service until such BOC is authorized to provide interlata services in such State, but permits joint marketing of services acquired from a BOC by an unaffiliated provider that, with its affiliates, has in the aggregate less than two percent of the access lines installed fulfilling requirements regarding equal access and interconnection to the local loop for competing providers, and regarding pricing flexibility and abolition of rate-of-return regulation, to the extent that such regulations are consistent with such requirements; and (2) State commission from enforcing regulations prescribed prior to the enactment date of this Act, or from prescribing regulations after such date in fulfilling such requirements, if such regulations are consistent with these provisions and the enforcement of such regulations has not been precluded under this Act. Prohibits a State or local legal requirement from: (1) prohibiting the ability of any entity to provide interstate or intrastate telecommunications services, with exceptions (and specifies that nothing herein shall affect the ability of a State or local government to impose, on a competitively neutral basis and consistent with universal service provisions, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers, or the authority of a local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers for use of the rights-of-way on a nondiscriminatory basis if the compensation required is publicly disclosed by such government); or (2) providing such services from exercising specified access and interconnection rights. Specifies that nothing in this title shall affect: (1) the ability of State officials to impose, on a nondiscriminatory basis, requirements necessary to preserve and advance universal service, to promote public safety and welfare, and to ensure the continued quality of telecommunications services, that a provider's business practices are consistent with consumer protection laws and regulations, and just and reasonable rates, provided that such requirements do not effectively prohibit any carrier or person from providing interstate or intrastate telecommunications or information services; and (2) the authority of a local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government. Sets forth provisions regarding: (1) preemption of State and local regulation of interstate or intrastate telecommunications services; and (2) statements of terms and conditions for access and interconnection. Establishes procedures by which a BOC may seek entry to offer interlata services. Authorizes a BOC, at any time after six months after the date of this Act's enactment, to provide to the FCC verification with respect to one or more States that such BOC is in compliance with specified requirements. Requires such verification to contain: (1) a certification by each State commission that such carrier has fully implemented specified conditions with respect to BOC duties; and (2) either an approved agreement specifying the terms and conditions under which the BOC is providing access and interconnection to its network facilities for an unaffiliated competing provider of telephone exchange service (excluding exchange access service) to residential and business subscribers (and such service may be offered by such competing provider either exclusively over its own telephone exchange service facilities or predominantly over its own telephone exchange service facilities in combination with the resale of the services of another carrier), or if no such provider has requested such access and interconnection three months before the BOC makes its submission, a statement of the terms and conditions that the carrier generally offers to provide such access and interconnection that has been approved or permitted to take effect by the State commission. Specifies that a BOC shall be considered not to have received any such request if the State commission certifies that the only providers making the request have failed to bargain in good faith under the supervision of such State commissions or have violated the terms of their agreement by failure to comply, within a reasonable period of time, with the implementation schedule contained in such agreement. Sets forth requirements regarding: (1) application for interim interlata authority; (2) FCC review; (3) enforcement of conditions; (4) authority to provide interlata services; (5) exceptions for previously authorized activities and for incidental services; (6) interlata toll dialing parity; (7) FCC forbearance from applying specified provisions or regulations; and (8) sunset provisions. Requires the FCC to: (1) notify the Attorney General promptly of any verification of access and interconnection compliance submitted by a BOC for approval, and to identify any verification that, if approved, would relieve the BOC and its affiliates of a prohibition concerning manufacturing; and (2) consult with the Attorney General before making any determination and to include any written comments submitted by the Attorney General in the record of the FCC's decision. Directs the Attorney General: (1) to provide to the FCC an evaluation of whether there is a dangerous probability that the BOC or its affiliates would successfully use market power to substantially impede competition; and (2) with respect to a verification that would relieve the BOC and its affiliates of the prohibition concerning manufacturing, to provide to the FCC an evaluation of whether there is a dangerous probability that the BOC or its affiliates would successfully use market power to substantially impede competition in manufacturing. Permits a BOC or affiliate thereof to provide interlata services for specified purposes, including providing a telecommunications service using the transmission facilities of a cable system that is an affiliate of such BOC and that is located within a State in which such BOC is not a provider of wireline telephone exchange service. Authorizes a BOC and any affiliate thereof that has obtained FCC approval for each State in which they provide telephone exchange service on the date of this Act's enactment, to provide interlata services for: (1) calls originating in, and billed to a customer in, a State in which neither such BOC nor any affiliate provided telephone exchange service on such enactment date; or (2) calls originating outside the United States. Requires a BOC or affiliate providing interlata telecommunications or information service to do so through a subsidiary that is separate from the BOC or affiliate that provides telephone exchange service, with exceptions such as for certain incidental services. Sets forth requirements regarding: (1) transactions on an arm's-length basis; (2) separate operation and property; (3) books, records, and accounts; (4) provision of services and information; (5) prevention of cross- subsidies; (6) assets and debt; (7) fulfillment of certain requests; (8) charges for access services; and (9) sunset provisions (makes these provisions inapplicable to any BOC in any State 18 months after the date such BOC is authorized to provide interlata telecommunications services in such State). Sets forth provisions regarding the convening of a Federal State Joint Board to recommend actions for the preservation of universal service. Directs the FCC: (1) within 270 days after this Act's enactment, to establish appropriate flexible pricing procedures that afford a regulated telecommunications service provider the opportunity to respond fairly to competition and that are consistent with the protection of subscribers and the public interest; and (2) in establishing criteria and procedures regarding pricing flexibility, to take into account and accommodate the criteria and procedures established for such purposes by State commissions prior to the effective date of the FCC's criteria and procedures. Specifies that such pricing flexibility shall permit regulated telecommunications providers to respond fairly to competition but shall not have the effect of changing prices for noncompetitive services or using noncompetitive services to subsidize competitive services. Requires the rates charged by providers of interexchange telecommunications service to customers in rural and high cost areas to be maintained at levels no higher than those charged by each such provider to its customers in urban areas. Directs the FCC to: (1) establish procedures for oversight of coordinated network planning by common carriers and other providers of telecommunications services for the effective and efficient interconnection of public switched networks; (2) prescribe regulations to ensure that, if readily achievable, advances in network services deployed by common carriers and telecommunications and customer premises equipment manufactured for use in conjunction with network services shall be accessible and usable by individuals with disabilities (but provides that such regulations shall require that whenever such requirements are not readily achievable, the local exchange carrier that deploys the network service shall ensure that the service in question is compatible with existing peripheral devices or specialized customer premises equipment commonly used by persons with disabilities to achieve access unless doing so is not readily achievable, and specifies that nothing herein shall be construed to authorize a private right of action); (3) complete a proceeding for the purpose of identifying and eliminating market entry barriers for entrepreneurs and other small businesses in the provision and ownership of telecommunications and information services or in the provision of parts or services to providers of such services; (4) seek to promote the policies and purposes of this Act favoring diversity of media voices, vigorous economic competition, technological advancement and promotion of the public interest; and (5) review and periodically report to the Congress on any regulations to eliminate any such barriers within its jurisdiction that can be prescribed, and the statutory barriers that the FCC recommends be eliminated, consistent with the public interest. Prohibits a common carrier from submitting or executing a change in a subscriber's selection of a provider of telephone exchange or telephone toll service except in accordance with such verification procedures as the FCC shall prescribe. Makes any common carrier that violates such procedures and that collects charges for service from a subscriber liable to the subscriber's previous carrier for charges paid by such subscriber after such violation in addition to any other remedies available by law. Requires the FCC to conduct a study within three years regarding universal service, advanced telecommunications services for elementary and secondary school students, and accessibility by individuals with disabilities. (Sec. 102) Prohibits a BOC, directly or through an affiliate, from manufacturing or providing telecommunications equipment or manufacturing customer premises equipment until the FCC has approved verifications that such BOC and each BOC with which it is affiliated are in compliance with access and interconnection requirements, but permits a BOC: (1) during the first 18 months after the expiration of such limitation, to engage in manufacturing telecommunications or customer premises equipment only through a separate subsidiary in accordance with requirements of this Act; (2) to engage in close collaboration with a manufacturer of customer premises or telecommunications equipment during the design and development of hardware, software, or combinations thereof related to such equipment; and (3) directly or through a subsidiary, to engage in any research activities related to manufacturing and to enter into royalty agreements with manufacturers of telecommunications equipment. Sets forth provisions regarding: (1) information on protocols and technical requirements; (2) disclosure of information by BOCs; (3) access by competitors to information; and (4) planning information. Prohibits Bell Communications Research, Inc., or any successor entity or affiliate from: (1) being considered a BOC or a successor or assign of a BOC at such time as it is no longer an affiliate of any BOC; and (2) engaging in manufacturing telecommunications or customer premises equipment as long as it is an affiliate of more than one otherwise unaffiliated BOC or successor or assign of any such BOC. Sets forth provisions regarding proprietary information and manufacturing safeguards. Requires any entity which is not an accredited standards development organization and which establishes industry-wide standards for telecommunications or customer premises equipment or industry-wide generic network requirements for such equipment, or which certifies such equipment manufactured by an unaffiliated entity, to: (1) establish and publish any such standard or requirement, or substantial modification of an existing standard or requirement, only in compliance with a specified procedure; (2) engage in product certification for such equipment manufactured by unaffiliated entities only if certain conditions are met; (3) not undertake any actions to monopolize or attempt to monopolize the market for such services; and (4) not preferentially treat its own equipment, or that of its affiliate, over that of any other entity in establishing and publishing such standards or requirements for, and in certification of, such equipment. Sets forth provisions regarding: (1) alternate dispute resolution; (2) sunset requirements; (3) administration and enforcement authority; (4) BOC equipment procurement and sales; and (5) an exception for previously authorized activities. Prohibits a BOC or any affiliate from engaging in the provision of electronic publishing that is disseminated by means of such BOC's or any of its affiliates' basic telephone service, but allows a separated affiliate or electronic publishing joint venture to engage in such activity if it is operated independently from the BOC and it meets specified requirements (e.g., maintains separate books, has no officers, director, or employees in common, does not permit the BOC to perform specified functions on behalf of a separated affiliate, and has performed annually a compliance review). Requires a BOC under common ownership or control with a separated affiliate or electronic publishing joint venture to provide network access and interconnections for basic telephone service to electronic publishers at just and reasonable rates that are tariffed (as long as rates for such services are subject to regulation) and that are not higher on a per-unit basis than those charged for such services to any other electronic publisher or any separated affiliate engaged in electronic publishing. Authorizes a person claiming that any act or practice of a BOC, affiliate, or separated affiliate violates this section to file a complaint with the FCC or bring suit for damages, or to apply to the FCC for a cease and desist order. Requires any separated affiliate to file with the FCC annual reports in a form substantially equivalent to the Form 10-K required by Securities Exchange Commission regulations. Defines "basic telephone service" to mean any wireline telephone exchange service or e facility provided by a BOC in a telephone exchange area, excluding such a service provided in an area where another entity provides such a service that was provided on January 1, 1984, and a commercial mobile service. Prohibits any BOC or affiliate from engaging in the provision of alarm monitoring services before six years after the enactment of this Act, except for existing legal activities as of January 1, 1995. Requires a common carrier engaged in the provision of alarm monitoring or telemessaging services to provide nonaffiliated entities, upon reasonable request, with the network services it provides to its own alarm monitoring or telemessaging operations, on nondiscriminatory terms and conditions. Prohibits such a carrier from subsidizing such services either directly or indirectly from telephone exchange service operations. Directs the FCC to establish procedures for the expedited receipt and review of complaints concerning violations that result in material financial harm to a provider of such services. Directs the FCC to prescribe regulations regarding pay phone service, including establishing a per call compensation plan that ensures that all pay phone services providers are fairly compensated for every completed intrastate and interstate call using their pay phone, with exceptions. Prohibits any BOC that provides such service, after the effective date of the rules prescribed, from: (1) subsidizing its pay phone service directly or indirectly with revenue from its telephone exchange service or exchange access service; and (2) preferring or discriminating in favor of its pay phone service. (Sec. 103) Directs the FCC to forbear from applying certain provisions or FCC regulations to a common carrier or service, or class of carriers or services, in any or some geographic markets unless the FCC determines that: (1) enforcement of such provision or regulation is necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that carrier or service are just and reasonable and not discriminatory; (2) such enforcement is necessary for the protection of consumers; and (3) forbearance from applying such provision or regulation is inconsistent with the public interest. Authorizes a BOC or any other company to jointly market and sell commercial mobile services in conjunction with telephone exchange service, exchange access, intralata and interlata telecommunications service, and information services, with exceptions. (Sec. 104) Amends the Act to set forth U.S. policy regarding the Internet and other interactive computer services. Prohibits a provider or user of interactive computer services from being: (1) treated as the publisher or speaker of any information provided by an information content provider; or (2) held liable on account of any action voluntarily taken in good faith to restrict access to material that the provider or user considers to be obscene, excessively violent, or otherwise objectionable, whether or not such material is constitutionally protected, or on account of any action taken to make available to information content provider's or others the technical means to restrict access to such material. Specifies that nothing in this section shall be construed to grant any jurisdiction or authority to the FCC regarding content or other regulation of the Internet or other interactive computer services or to effect criminal or intellectual property law. (Sec. 105) Sets forth provisions regarding the privacy of customer proprietary network information. Requires a carrier that provides local exchange service to provide subscriber list information gathered in its capacity as a provider of such service on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request for the purpose of publishing directories in any format. (Sec. 106) Directs the FCC to prescribe regulations for ensuring that, when the parties fail to negotiate a mutually agreeable rate, utilities charge just, reasonable, and nondiscriminatory rates for pole attachments provided to all providers of telecommunications services, which shall: (1) recognize that the entire pole, duct, conduit, or right-of-way (pole) other than the usable space is of equal benefit to all entities attaching to the pole (and therefore apportion the cost of the space other than the usable space equally among all such attaching entities), that the usable space is of proportional benefit to all entities attaching to the pole (and therefore apportion the cost of the usable space according to the percentage of usable space required for each entity), and that the pole has a value that exceeds costs and that value shall be reflected in any rate; and (2) allow for reasonable terms and conditions relating to health, safety, and the provision of reliable utility service. Specifies that: (1) the final regulations prescribed by the FCC shall not apply to a cable television (TV) system that solely provides cable service; and (2) whenever the owner of a conduit or right-of-way intends to modify or alter it, the owner shall provide written notification of such action to any entity that has obtained an attachment. (Sec. 107) Sets forth provisions regarding preemption of franchising authority regulation of telecommunications services. Prohibits a franchising authority from requiring a cable operator to provide any telecommunications service or facilities (other than intragovernmental telecommunications services) as a condition of the initial grant of a franchise or a franchise renewal, with exceptions. (Sec. 108) Directs the FCC to prescribe and make effective a policy to reconcile State and local regulation of the siting of facilities for the provision of commercial mobile services or unlicensed services with the public interest in fostering competition through the rapid, efficient, and nationwide deployment of commercial mobile or unlicensed services and to establish a negotiated rulemaking committee to negotiate and develop a proposed policy to comply with the requirements of this section. Specifies that such policy shall: (1) take into account certain factors, such as the need to enhance the coverage and quality of commercial mobile and unlicensed services and to foster competition on a timely basis, the legitimate interests of State and local governments in matters of exclusively local concern, the effect of State and local regulation of facilities siting on interstate commerce, the administrative costs to State and local governments of reviewing requests for authorization to locate facilities for the provision of such services, and the need to provide due process in making any decision by a State or local government to grant or deny such a request; and (2) provide that no State or local government may regulate the placement, construction, modification, or operation of such facilities on the basis of the environmental effects of radio frequency emissions, subject to specified limitations. Directs the FCC to: (1) complete action in ET Docket 93-62 to prescribe and make effective rules regarding the environmental effects of radio frequency emissions; (2) prescribe procedures by which Federal departments and agencies may make available on a fair, reasonable, and nondiscriminatory basis, property, rights-of-way, and easements under their control for the placement of new telecommunications facilities by duly licensed providers of telecommunications services that are dependent upon the utilization of Federal spectrum rights (and permits reasonable fees to be charged to providers of telecommunications services for the use of property, rights-of-way, and easements); and (3) prescribe regulations to afford subscribers of two-way switched voice commercial mobile radio services access to a provider of telephone toll service of the subscriber's choice, except to the extent that the commercial mobile radio service is provided by satellite. (Sec. 110) Permits a common carrier to charge a calling party for information conveyed during a call if the calling party has a written preauthorized subscription agreement with the information provider that meets specified requirements and the calling party is charged in accordance with such agreement. (Sec. 111) Directs the Attorney General to submit to specified congressional committees a report on means of restricting access to unwanted material in interactive telecommunications systems. (Sec. 112) Requires that any deposits the FCC may require for the qualification of a person to bid in a system of competitive bidding be deposited in an interest bearing account at a financial institution designated by the FCC. Specifies that within 45 days following the conclusion of such bidding, the deposits of successful bidders shall be paid to the Treasury and those of unsuccessful bidders shall be returned to such bidders, and the interest accrued to the account shall be transferred to the Telecommunications Development Fund established pursuant to this Act. Establishes such Fund. Sets forth provisions regarding its board of directors, meetings and functions of the board, accounts and use of the Fund (including making loans, investments, or other extensions of credits to eligible small businesses), lending and credit operations, return of advances, general corporate powers, and accounting, auditing, and reporting requirements. (Sec. 113) Directs the Assistant Secretary of Commerce for Communications and Information to report annually to specified congressional committees concerning the activities of the Joint Working Group on Telemedicine, together with any findings in the studies and demonstrations on telemedicine funded by the Public Health Service or other Federal agencies. Specifies that such reports shall examine questions related to patient safety, the efficacy and quality of the services provided, and other legal, medical, and economic issues related to the utilization of advanced telecommunications services for medical purposes. (Sec. 114) Requires such Assistant Secretary, within three months of this Act's enactment, to carry out research to identify successful telecommuting programs in the public and private sectors and provide for the dissemination to the public of information regarding the establishment of successful telecommuting programs and the benefits and costs of telecommuting. Sets forth reporting requirements. (Sec. 115) Authorizes appropriations to the FCC to carry out this Act. Title II: Cable Communications Competitiveness - Authorizes a common carrier subject to the Act: (1) either through its own facilities or through an affiliate, to provide video programming directly to subscribers in its telephone service area; and (2) to provide channels of communications or pole, line, or conduit space, or other rental arrangements, to any entity owned, operated, or controlled by, or under common control with, such carrier the provision of video programming directly to subscribers in its telephone service area. Exempts (with exceptions) from specified requirements under the Act an affiliate that: (1) is owned, operated, or controlled by, or under common control with, a carrier; (2) provides video programming to subscribers in the telephone service area of such carrier, but does not utilize the local exchange facilities or services of any affiliated carrier in distributing such programming; and (3) has not established a video platform in accordance with specified requirements. Prohibits a carrier from providing video programming directly to subscribers in its telephone service area unless such programming is provided through a video programming affiliate that is separate from such carrier, with exceptions. Requires a carrier that provides video programming directly to subscribers in its telephone service area solely through an acquired cable system to establish a video platform, with exceptions. Allows a common carrier or its affiliate to negotiate mutually agreeable terms and conditions with over-the-air broadcast stations and other unaffiliated video programming providers to allow consumer access to their signals on any level or screen of any gateway, menu, or other program guide, whether provided by the carrier or its affiliate. Requires the FCC, within six months, to complete all actions necessary to prescribe regulations that, among other things, prohibit a common carrier from discriminating among video programming providers with regard to carriage on its video platform, ensure just, reasonable, and nondiscriminatory rates, terms, and conditions for such carriage, and extend to the distribution of video programming over video platforms the FCC's regulations concerning sports exclusivity network nonduplication. Sets forth provisions regarding: (1) authority of a State commission to prohibit cross-subsidization; (2) prohibition against buyouts, with exceptions; (3) rural area exemptions; and (4) competition from cable systems, including a limitation on basic tier rate increases, the development of a National Information Infrastructure, FCC review of complaints, a uniform rate structure, relief for small cable operators, cable security systems, cable equipment compatibility, retiering of basic tier services, subscriber notice, and treatment of prior year losses. Grants the FCC authority to review any increase in the rates for cable programming services implemented after this Act's enactment only if, within 90 days after such increase becomes effective, at least ten subscribers or three percent of the subscribers to such services, whichever is greater, file separate, individual complaints against such increase with the FCC. (Sec. 203) Directs the FCC to adopt regulations to assure competitive availability to telecommunications subscription services consumers of converter boxes, interactive communications devices, and other customer premises equipment from manufacturers, retailers, and other vendors not affiliated with any telecommunications system operator. Specifies that such regulations shall not prohibit any telecommunications system operator from also offering devices and customer premises equipment to consumers, provided that the system operator's charges to consumers for such devices and equipment are separately stated and not subsidized by charges for any telecommunications subscription service, and shall cease to apply to any market for the acquisition of converter boxes, interactive communications devices, or other customer premises equipment when the FCC determines that such market is competitive. Prohibits the FCC from prescribing such regulations which would jeopardize the security of a telecommunications system or impede the legal rights of a provider of such service to prevent theft of service. Requires the FCC to waive such a regulation for a limited time upon an appropriate showing by a telecommunications system operator that such waiver is necessary to assist the development or introduction of a new or improved telecommunications subscription service or technology. Requires determinations made or regulations prescribed by the FCC regarding market competitiveness of customer premises equipment prior to the date of enactment of this section to fulfill the requirements of this section. Declares that nothing in this section affects the FCC's regulations governing the interconnection and competitive provision of customer premises equipment used in connection with basic telephone service. (Sec. 204) Directs the FCC to complete an inquiry to ascertain the level at which video programming is closed captioned and to report to the Congress (but specifies that nothing herein shall be construed to authorize any private right of action). Title III: Broadcast Communications Competitiveness - Requires the FCC, if it determines that it will issue additional licenses for advanced TV services, to: (1) limit the initial eligibility for such licenses to persons who are licensed to operate a TV broadcast station, who hold a permit to construct such a station, or both; and (2) adopt regulations that allow such licensees or permittees to offer such ancillary or supplementary services on designated frequencies as may be consistent with the public interest. Sets forth provisions regarding criteria for FCC determinations concerning license surrender. Specifies that any license so surrendered shall be subject to assignment by use of competitive bidding. (Sec. 302) Prohibits the FCC, except as otherwise provided in this Act, from prescribing or enforcing any regulation: (1) prohibiting or limiting, either nationally or within any particular area, a person or entity from holding any form of ownership or other interest in two or more broadcasting stations or in a broadcasting station and any other medium of mass communication; or (2) prohibiting a person or entity from owning, operating, or controlling two or more networks of broadcasting stations or from owning, operating, or controlling a network of broadcasting stations and any other medium of mass communications. Directs the FCC to prohibit a person or entity from obtaining any license if such license would result in such person or entity directly or indirectly owning, operating, or controlling, or having a cognizable interest in: (1) TV stations which have an aggregate national audience reach exceeding 35 percent (directs the FCC to study the operation of this section and report to the Congress on the development of competition in the TV marketplace and the need for any revisions to or elimination of this provision); or (2) two or more TV stations within the same TV market, with exceptions for multiple UHF stations and UHF-VHF combinations and for VHF-VHF combinations. Authorizes the FCC, in a proceeding to grant, renew, or authorize the assignment of any station license, to deny the application upon determining that the combination of such station and more than one other non-broadcast media of mass communication would result in an undue concentration of media voices in the respective local market. Bars the FCC from applying requirements regarding the provision of direct video programming by common carriers in any area in which there are two or more unaffiliated wireline providers of video programming services. (Sec. 303) Provides that the ban on foreign governments or their representatives holding station licenses shall not apply to licenses to mobile earth stations engaged in occasional or short-term transmissions via satellite of audio or TV program material and auxiliary signals if such transmissions are not intended for direct reception by the general public in the United States. Makes foreign ownership restrictions inapplicable to any common carrier license granted, held, or for which application is made, after this section's enactment with respect to any alien, corporation, or foreign government if: (1) the President determines that the relevant foreign country is party to an international agreement which requires the United States to provide national or most-favored-nation treatment in the grant of common carrier licenses and that not applying such restrictions would be consistent with national security and effective law enforcement; or (2) the FCC determines that not applying such restrictions would serve the public interest. Directs the FCC, in making its determination, to abide by any decision of the President regarding whether not applying such restrictions is in the public interest due to national security, law enforcement, foreign policy or trade concerns or due to the interpretation of international agreements (and, in the absence of a decision by the President, the FCC may consider, among other public interest factors, whether effective competitive opportunities are available to U.S. nationals or corporations in the applicant's home market). Sets forth provisions regarding: (1) FCC notice and determinations regarding applications requiring such determination; (2) further FCC review; (3) notification to the Congress; and (4) judicial review. (Sec. 304) Declares it to be U.S. policy to: (1) encourage broadcast TV, cable, satellite, syndication, or other video programming distributors and relevant related industries to establish a technology fund to encourage TV and electronics equipment manufacturers to facilitate the development of technology which would empower parents to block programming they deem inappropriate for their children, to report to the viewing public on the status of the development of affordable, easy to use blocking technology, and to establish and promote effective mechanisms for ensuring that users have easy and complete access to the information necessary to effectively utilize such technology; and (2) evaluate whether, not later than one year after this Act's enactment, such industry-wide procedures, standards, or other mechanisms are informing viewers regarding their options to utilize blocking technology and encouraging the development of blocking technologies. Requires the Comptroller General, no later than 18 months after this Act's enactment, to submit to the Congress an evaluation of the proliferation of new and existing blocking technology, the accessibility of information to empower viewing choices, and the consumer satisfaction with information and technological solutions. (Sec. 304(sic)) Directs the FCC, if distributors of video programming have not taken appropriate voluntary actions within one year, to prescribe: (1) on the basis of recommendations from an advisory committee, guidelines and recommended procedures for rating video programming that contains sexual, violent, or other indecent material about which parents should be informed before it is displayed to children; and (2) rules requiring distributors of such video programming to transmit such rating to permit parents to block the display of video programming that they have determined is inappropriate for their children. Directs the FCC to require apparatus designed to receive TV signals that are manufactured, or imported for use, in the United States and that have a picture screen 13 inches or greater (measured diagonally)to be equipped with circuitry designed to enable viewers to block display of all programs with a common rating, with exceptions. Amends the Act to prohibit the shipment in interstate commerce, manufacture, assembly, or importation into the United States of any such apparatus except in accordance with rules prescribed by the FCC, except with respect to carriers transporting such an apparatus without trading it. Requires the rules prescribed by the FCC to provide for FCC oversight of the adoption of standards by industry for blocking technology and to require that all such apparatus be able to receive the rating signals which have been transmitted by way of line 21 of the vertical blanking interval and which conform to the signal and blocking specifications established by industry under the supervision of the FCC. Requires the FCC: (1) as new video technology is developed, to ensure that blocking service continues to be available to consumers; and (2) if it determines that an alternative blocking technology that enables parents to block programming based on identifying programs without ratings is available to consumers at a cost comparable to that of technology that allows parents to block programming based on common ratings, to amend its rules to require that such apparatus be equipped with either blocking technology. (Sec. 305) Revises provisions regarding license terms and renewal for the operation of a TV broadcast station. Increases to seven years (currently, five) the period for each license granted. Directs the FCC to continue a license in effect pending any hearing and final decision on an application and the disposition of a petition for rehearing. (Sec. 306) Requires the FCC to grant an application for a broadcast station license renewal if it finds that, during the preceding term of the station's license: (1) the station has served the public interest; (2) there have been no serious violations by the licensee of this Act or FCC rules and regulations; and (3) there have been no other violations by the licensee of this Act or FCC rules and regulations which, taken together, would constitute a pattern of abuse. Makes such provision applicable to any application for renewal pending or filed on or after this Act's enactment date. (Sec. 307) Grants the FCC exclusive jurisdiction over the regulation of the direct broadcast satellite service. (Sec. 308) Specifies that a ship documented under U.S. law operating in accordance with the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio telegraphy station operated by one or more radio officers or operators. Makes this section effective for each vessel upon a determination by the U.S. Coast Guard that such vessel has the equipment required to implement such System installed and operating in good working condition. (Sec. 309) Directs the FCC to promulgate regulations to prohibit restrictions that inhibit a viewer's ability to receive video programming services through signal receiving devices designed for off-the-air reception of TV broadcast signals. (Sec. 310) Includes programming of a licensee in the direct broadcast satellite service within the scope of provisions penalizing the manufacture, import, sale, or distribution of equipment that is primarily of assistance in the unauthorized decryption of satellite cable programming. (Sec. 311) Authorizes the FCC to: (1) authorize the use of private organizations for testing and certifying the compliance of devices or home electronic equipment and systems; (2) accept as prima facie evidence of such compliance the certification by any such organization; and (3) establish such qualifications and standards as it deems appropriate for such private organizations, testing, and certification. Title IV: Effect on Other Laws - States that this Act shall supersede specified sections of the Modification of Final Judgment (i.e., the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, including any judgment or order with respect to such action entered on or after that date). Specifies that: (1) nothing in this Act shall be construed to modify, impair, or supersede or to authorize the modification, impairment, or supersession of any State or local law pertaining to taxation, with exceptions; (2) this Act shall supersede the final judgment entered December 21, 1984, and as restated January 11, 1985, in United States v. GTE Corporation, and any judgment or order with respect to such action entered on or after December 21, 1984, and such judgment shall not be enforced with respect to conduct occurring after the date of this Act's enactment; and (3) no person shall be considered to be an affiliate, successor, or assign of a BOC by reason of having acquired wireless exchange assets or operations previously owned by a BOC or an affiliate of a BOC. (Sec. 402) Exempts a provider of direct-to-home satellite service from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction regarding the provision of direct-to-home satellite service. Defines: (1) "provider of direct-to-home satellite service" to mean a person who transmits, broadcasts, sells, or distributes direct-to-home satellite service; and (2) "local taxing jurisdiction" to mean any local jurisdiction in the territorial jurisdiction of the United States with the authority to impose a tax or fee, excluding a State. Specifies that this section shall not be construed to prevent taxation of a provider of direct-to-home satellite service by a State or to prevent a local taxing jurisdiction from receiving revenue derived from a tax or fee imposed and collected by a State. (Sec. 403) Prohibits and sets penalties for intentionally communicating by computer, in interstate or foreign commerce, any material that depicts or describes sexual or excretory activities or organs in terms patently offensive, as measured by contemporary community standards, to any person the communicator believes has not attained age 18. Amends the Federal criminal code to prohibit specified activities regarding the communication of obscene materials through the use of computers. Title V: Definitions - Defines various terms used in this Act. Excludes from the definition of "information service" the provision of video programming directly to subscribers. Title VI: Small Business Complaint Procedure - Directs the FCC to establish procedures for the receipt and review of complaints concerning violations of the Communications Act of 1934 resulting in material financial harm to a provider of telemessaging service or other small business engaged in providing an information service or other telecommunications service.

TABLE OF CONTENTS: Title I: Transition to Competition Title II: Removal of Restrictions to Competition Subtitle A: Removal of Restrictions Subtitle B: Termination of Modification of Final Judgment Title III: An End to Regulation Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities Title V: Parental Choice in Television Title VI: National Education Technology Funding Corporation Title VII: Miscellaneous Provisions Telecommunications Competition and Deregulation Act of 1995 - Title I: Transition to Competition - Amends the Communications Act of 1934 (the Act) to require a local telephone exchange carrier (or class of such carriers) that is determined by the Federal Communications Commission (FCC) to have market power in providing telephone exchange service or telephone exchange access service to: (1) enter into good faith negotiations within 15 days with any telecommunications carrier requesting interconnection with the telephone exchange carrier in order to provide telephone exchange or exchange access service; and (2) provide such interconnection at reasonable, nondiscriminatory rates and in accordance with requirements of this title. Provides minimum standards for any interconnection agreement entered into, including nondiscriminatory access and high-quality interconnection between the carriers. Allows a local exchange carrier, upon receiving a request for interconnection, to negotiate and enter into a binding agreement with the telecommunications carrier without regard to such standards, as long as such agreement: (1) includes a schedule of itemized charges for each service, facility, or function included; and (2) is submitted to the State for approval. Provides for agreement: (1) arbitration by a State at any time during negotiations; and (2) intervention by a State when more than 135 days have passed since the original intervention request. Outlines duties and rights of parties in an intervention proceeding, including the duty to provide all appropriate information and the opportunity to respond. Requires the State proceeding to be conducted in accordance with rules promulgated by the FCC. Requires the State action to be completed no later than ten months after the date on which the local exchange carrier received the original interconnection request. Outlines provisions concerning: (1) the determination during arbitration or intervention of the charges by the local exchange carrier for an unbundled (no unreasonable conditions on resale or sharing) element of the interconnection; (2) State approval or rejection of an interconnection agreement; (3) the required availability of an interconnection agreement to other telecommunications carriers on the same terms and conditions; (4) the collocation of equipment necessary for interconnection at the premises of the carrier at reasonable charges; (5) FCC promulgation of implementing regulations; (6) FCC authority to act if a State fails to carry out its arbitration or intervention responsibilities; (7) waiver or modification by the FCC or a State of minimum interconnection standards with respect to a rural telephone company; (8) a State's authority to impose requirements on a telecommunications carrier for intrastate services to further competition in telephone exchange service or exchange access service; (9) triennial review and appropriate modification of the standards and requirements for interconnection agreements; and (10) the inapplicability of these provisions to commercial mobile service providers unless the FCC determines such providers to have market power in the provision of such services. (Sec. 102) Prohibits a Bell operating company (BOC) (including any affiliate) which is a local telephone exchange service from providing information services, manufacturing services, or interLATA (local access and transport area) services (with exceptions), unless it provides that service through an affiliate that: (1) is separate from any BOC entity that provides telephone exchange service; and (2) meets specified structural and transactional requirements, including requirements regarding books, records, officers, directors and employees separate from the BOC. Prohibits any discrimination between a BOC, its affiliate, and any other entity in the provision of goods, services, facilities, and information or in the establishment of standards. Directs a company required to operate a separate affiliate to pay for a joint Federal-State independent audit every two years to determine regulatory compliance. Requires audit results to be submitted to the FCC and the appropriate State commissions. Prohibits a BOC affiliate from marketing or selling telephone exchange services provided by the BOC unless that company permits other entities offering the same or similar services to market and sell its telephone exchange services. Outlines additional requirements for the provision of interLATA services by a BOC. Requires each BOC and its affiliate to protect the confidentiality of proprietary information relating to other common carriers, equipment manufacturers, and customers, with certain exceptions such as bill collection. Authorizes the FCC to grant an exception from any requirement of this section when determined necessary for the public interest, convenience, and necessity. Requires public utility companies which are registered holding companies that provide telecommunications services to provide such services through a separate subsidiary. Directs each State to determine whether public utility companies which provide such service but are not registered holding companies will be required to provide such service through a separate subsidiary. (Sec. 103) Directs the FCC to institute and refer to a Federal-State joint board a proceeding to recommend rules regarding the implementation of provisions with regard to universal service (intra- and inter-state telecommunications services that the FCC determines should be provided at reasonable rates to all Americans, including those in rural and high-cost areas and those with disabilities). Requires the periodic (at least every four years) review of such implementation. Provides Joint Board and FCC deadlines with regard to the provision and implementation of appropriate recommendations. Requires the Joint Board and the FCC to base policies for the preservation and enhancement of universal service on specified principles, including quality services, affordable rates, and access in all regions of the country. Requires all telecommunications providers to participate in the advancement of universal service. Prohibits telecommunications carriers from subsidizing competitive services with revenues from services that are not competitive. Requires the FCC to notify specified congressional committees before requiring a carrier to participate in universal service and before modifying its rules to increase support for the preservation and advancement of such service. Directs the FCC to prohibit any telecommunications carrier from excluding from any of its services any high-cost area, or any other area on the basis of its rural location or the median income of its residents, with exceptions. (Sec. 104) Directs the FCC (in the case of interstate service) or a State (in the case of intrastate service), when more than one telecommunications carrier serves a geographic area, to determine which carrier is best able to provide universal service to the community and to designate that carrier as an essential telecommunications carrier (ETC) for that community. Sets forth ETC obligations in the provision of such service. Allows multiple ETC designations for an area. Directs the FCC or a State, as appropriate, to establish rules for the resale of universal service, requiring the carrier whose facilities are being resold to be adequately compensated for their use. Allows, under specified rules, an ETC to relinquish such designation if another ETC is designated for the same area. Provides for: (1) enforcement proceedings against an ETC refusing to provide appropriate universal service; and (2) the designation of an ETC for interexchange services for any unserved community or portion thereof requesting such services. (Sec. 105) Makes provisions of the Act prohibiting foreign investment and ownership in telecommunications licenses, facilities, and equipment inapplicable to foreign representatives when the FCC determines that the foreign country of such representative provides equivalent market opportunities for common carriers to the United States or its citizens and the President does not object to such determination within 15 days. Repeals such exemption when such equal opportunity ceases. (Sec. 106) Directs the FCC to prescribe regulations that require certain local telephone exchange carriers to make available to any qualifying carrier (an ETC) such public switched network infrastructure, technology, information, and telecommunications facilities and functions as may be requested for the provision of telecommunications services, or access to such services, in the service area of an ETC which provides universal service by means of its own facilities. Requires a local exchange carrier entering into an agreement under this section to provide to each party of the agreement timely information on the planned deployment of telecommunications services and equipment, including necessary software. (Sec. 107) Authorizes the FCC to participate in the development by appropriate voluntary industry standards-setting organizations of the promotion of telecommunications network-level interoperability (the exchange of information without degeneration). Title II: Removal of Restrictions to Competition - Subtitle: A: Removal of Restrictions - Amends the Act to prohibit any State or local statute or regulation from diminishing the ability of any entity to provide any interstate or intrastate telecommunications services. Authorizes the FCC to immediately preempt the enforcement of any statute that is found to so interfere. Protects the rights of any cable operator engaged in the provision of telecommunications services, prohibiting any franchise or additional conditions from being imposed on such operator for such services. (Sec. 202) Provides that any telecommunications carrier, including a BOC, which carries or provides video programming provided by others through a common carrier video platform shall not be considered a cable operator providing cable service and therefore shall not be subject to certain cross-ownership restrictions under the Act. Requires BOCs, in order to receive such exemption, to: (1) provide facilities, services, or information to all programmers on the same terms and conditions as provided to its own video programming operations; and (2) not subsidize its video programming with revenues from its telecommunications services. Outlines provisions concerning rates, access, and certain procedural safeguards (through FCC regulations) and enforcement provisions with respect to the provision of video programming through a common carrier video platform. Prohibits a local exchange carrier (LEC) from acquiring more than a ten percent financial interest, or any management interest, in any cable operator providing cable service within the LEC's telephone service area, and vice versa. Prohibits any joint ventures between such parties in order to provide video programming directly to subscribers or to provide telecommunications services within such market. Specifies exceptions to such prohibitions. Authorizes the FCC to waive such prohibitions upon certain findings (economic distress or inviability and the public interest). Authorizes the joint use of certain property between the telecommunications carrier and a cable operator. (Sec. 203) Authorizes the FCC to consider a rate for cable programming services as unreasonable only if it substantially exceeds the national average rate for comparable services provided by cable systems other than small cable systems. Includes as "effective competition" under the Act a situation where an LEC offers video programming services directly to subscribers, either over a common carrier video platform or as a cable operator, in the franchise area of an unaffiliated cable operator which is also providing cable service in that franchise area. Exempts from certain cable rate regulation provisions of the Act small cable operators (serving fewer than one percent of all cable subscribers in the United States and not affiliated with any entity whose gross annual revenues exceed $250 million) with respect to cable programming services or a basic service tier subject to regulation as of December 31, 1994, in any franchise in which such operator serves 35,000 or fewer subscribers. Requires a request for the determination of a broadcasting station's market to be granted or denied by the FCC within 120 days. (Currently, only expedited consideration is required.) (Sec. 204) Authorizes a cable television system to use utility pole attachments to provide cable service or any other telecommunications service. Requires a utility owning a pole to provide a cable television system with nondiscriminatory access to such pole for such purposes. Directs the FCC to prescribe regulations to ensure that such utilities charge just, reasonable, and nondiscriminatory rates for the pole attachments. Allows a utility to apportion the cost of providing space on a pole. Requires any increase in the rates for pole attachments to be phased in over a five-year period. Allows a utility company providing electric service to deny a cable television system or telecommunications carrier access to such poles when there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes. (Sec. 205) Authorizes any utility and its subsidiary or affiliate (other than a public utility holding company that is an associate company of a registered holding company) to engage in any activity necessary or appropriate for the provision of telecommunications services, information services, or other services or products subject to FCC jurisdiction under the Act. Prohibits the Securities and Exchange Commission from regulating such activities. Allows the Federal Energy Regulatory Commission or a State commission to exercise its authority to prohibit the cross-subsidization of such activities. Requires the maintenance of separate books and accounts with regard to such activities by any associate company of a registered holding company. Requires prior approval by a State commission before an associated company of a registered holding company may either issue securities for financing the operation of services under this section or pledge the assets of the public utility or any of its subsidiaries for such activities. Allows for independent audits, upon State request, of such public utility companies with respect to such activities. Provides for: (1) selection of the firm to conduct such audits (on at least an annual basis); (2) notices required with respect to the presence of affiliate contracts between a public utility and an associated company with respect to such activities, as well as the acquisition by a registered holding company of an interest in an associate company engaged in such activities; and (3) FCC implementation of such provisions. (Sec. 206) Authorizes the FCC, under certain conditions, to allow licensees to make use of the advanced television spectrum for the transmission of ancillary or supplementary services. Authorizes the FCC to collect fees for the use of such spectrum from licensees that charge subscribers for advanced television spectrum services. Requires such licensee to establish that such services are in the public interest. Increases from 25 to 35 percent the amount of national audience a single broadcast licensee may reach, and eliminates current restrictions on the number of television stations that may be owned by such licensee. Authorizes the FCC to eliminate any Federal regulations which limit the number of AM or FM broadcast stations which may be owned by one entity either nationally or locally. Allows the FCC to refuse a broadcast license if it finds that an entity would obtain an undue concentration of control or would harm competition. Requires the FCC to biennially review its ownership rules. Increases the term of renewal for television licenses from five to ten years and for radio licenses from seven to ten years. Revises the broadcast license renewal procedures to allow such renewal if the FCC finds that: (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations by the licensee of the Act or FCC rules and regulations; and (3) there have been no other violations which, taken together, would constitute a pattern of abuse. Requires, with respect to commercial TV applicants, an attachment to its license application of comments received from viewers with respect to violent programming. Subtitle B: Termination of Modification of Final Judgment - Establishes the criteria to be used by the FCC to determine when a BOC may provide interLATA services in the region in which it is the dominant provider of wireless telephone exchange service or exchange access service. Allows such BOC to provide such services only if it has reached an interconnection agreement which meets the requirements of a competitive checklist, including nondiscriminatory access to specified services. States that, until a BOC is authorized to provide interLATA services in a telephone exchange area where that company is the dominant provider of telephone exchange or exchange access service, or until 36 months after the enactment of this Act, whichever is later, a telecommunications carrier that serves greater than five percent of the country's presubscribed access lines may not jointly market in such exchange area telephone exchange or exchange access service purchased from such a BOC with interLATA services offered by that telecommunications carrier. Prohibits the FCC from limiting or extending the requirements of the competitive checklist. Outlines provisions concerning: (1) a BOC application for the provision of interLATA services in an appropriate area; (2) FCC determination and approval of such application and publication of results in the Federal Register; and (3) judicial review and judgment with respect to an approval. Requires a BOC granted such approval to provide interLATA toll dialing parity throughout the market area coincident with its exercise of authority. Allows any State to implement an order requiring toll dialing parity in an interLATA area before a BOC has been authorized to provide interLATA services in that area or 36 months after the enactment of this Act, whichever is later, with specified conditions. Authorizes a BOC or its affiliate to provide interLATA services in an area where it is not the dominant provider of telephone exchange or exchange access service. Authorizes such BOC to provide certain incidental services, with limitations. Authorizes a BOC to provide interLATA commercial mobile service except where such service is a replacement for land line telephone exchange service for a substantial portion of such service in a State. Treats certain BOC applications to provide 800 service and private line service as an in-region service application for purposes of this section. Provides that a person engaged in the provision of commercial mobile service shall not be required to provide equal access to interexchange telecommunications carriers unless required to do so under the Act, with a specified exception. (Sec. 222) Provides that a BOC authorized to provide interLATA services under this Act shall be authorized by the FCC to: (1) manufacture and provide telecommunications equipment; and (2) manufacture customer premises equipment, subject to specified requirements and related regulations, except that neither a BOC nor any of its affiliates may engage in such activities in conjunction with another BOC not so affiliated or any of its affiliates. Requires such manufacturing to be carried out through a separate affiliate of such BOC, with appropriate requirements of separation (books, accounts, officers, and employees) maintained. Requires a manufacturing affiliate of a BOC to make available to LECs telecommunications equipment and related software that is manufactured by such affiliate as long as there is demand for such equipment. Prohibits a BOC from discriminating among such LECs with respect to bids for services or equipment, the standards or certification of equipment, or the sale of telecommunications equipment and software. Requires the protection of proprietary information. Allows a BOC to engage in close collaboration with manufacturers of customer premises or telecommunications equipment not affiliated with a BOC during the design and development of equipment hardware and software. Requires the FCC to prescribe regulations which require each BOC to maintain and file with the FCC full and complete information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities. Provides for the administration and enforcement of such requirements through FCC regulations and appropriate civil actions. (Sec. 223) States that nothing in this Act is intended to prohibit a BOC from engaging in any activity authorized by an order pursuant to the Modification of Final Judgment, if such order was entered on or before the date of enactment of this Act. (Sec. 224) Provides specified penalties for violations of provisions of this Act relating to interconnection authority, separate subsidiary and safeguard requirements, and the authority of a BOC to provide interLATA telecommunications services. Prohibits any penalties or damages assessed against an LEC due to violations under these provisions from being charged directly or indirectly to the LEC's rate payers. (Sec. 225) Authorizes a BOC to provide alarm monitoring services three years after the date of enactment of this Act if it has been authorized by the FCC to provide interLATA services. Requires the FCC to establish rules governing the provision of such services by a BOC. Provides an exception to the three-year waiting requirement in the case of alarm monitoring services provided by a BOC that was engaged in the provision of such services as of December 31, 1994, as long as certain conditions are met. (Sec. 226) Prohibits any person from being subject to the provisions of the Modification of Final Judgment solely by reason of having acquired commercial mobile service or private mobile service assets or operations previously owned by a BOC or a BOC affiliate. Title III: An End to Regulation - Directs the FCC and the States to: (1) provide telecommunications carriers with pricing flexibility in the rates charged to consumers for telecommunications services; (2) ensure that residential telephone rates remain just, reasonable, and affordable as competition develops for telephone exchange service and telephone exchange access service; and (3) adopt alternative forms of regulation for Tier 1 telecommunications carriers as part of a plan that includes the advancement of competition and other measures designed to protect the consumer. Authorizes the FCC and the States to establish: (1) rates for services included within universal service; and (2) a residential telephone rate until sufficient competition exists in a market, but to cease such rate regulation when determined no longer necessary for the protection of consumers. Provides for a transition plan. Requires LECs to provide subscriber list information for directory publishing purposes to anyone, upon request, on a timely, unbundled, and nondiscriminatory basis. Outlines confidentiality requirements for telecommunications carriers under this section. Requires FCC hearings concerning new charges, classifications, regulations, complaints, or practices to be concluded within five (currently, 12) months after their commencement. Directs the FCC to permit any LEC to: (1) be exempt from FCC precertification with respect to the extension of a line for telecommunications purposes; and (2) file cost allocation manuals and specified reports annually. (Sec. 302) Directs the FCC (with respect to Federal regulations) and a Federal-State Joint Board (with respect to State regulations) to biennially review and make appropriate determinations with respect to all regulations applicable to telecommunications services. Directs the FCC, in classifying telecommunications carriers and establishing reporting requirements, to adjust the revenue requirements to account for inflation as of the date of release of a specified FCC report and annually thereafter. Eliminates or reduces specified FCC functions, regulation, or authority with respect to: (1) depreciation charges for telecommunications carrier property; (2) independent audits of carrier books and accounts; (3) simplification of the Federal-State coordination process concerning communications matters; (4) the privatization of ship radio inspections; (5) broadcasting station construction permit requirements; (6) limitations on authorizations for stations that have failed to transmit a broadcast signal for a 12-month period; (7) instructional television fixed service processing; (8) home electronic equipment testing and certification; (9) license modification; (10) the operation of domestic ship and aircraft radios without FCC licenses; (11) licensing for fixed microwave service; (12) jurisdiction over government-owned ship radio stations; (13) amateur radio examination procedures; and (14) non-broadcast radio license renewals. (Sec. 303) Directs the FCC, upon making certain determinations, to forbear applying any regulation or provision of the Act to a telecommunications carrier or service in any or some geographic markets. Requires the FCC to consider whether such forbearance will promote competitive market conditions. Authorizes such a carrier to petition the FCC for such regulatory forbearance. (Sec. 304) Requires the FCC and each State telecommunications commission to encourage the deployment of advanced telecommunications capability to all Americans. Requires the FCC to regularly initiate a notice of inquiry concerning such availability. (Sec. 305) Directs the FCC to undertake the termination or modification of regulations and provisions of the Act as necessary to implement the changes made under this Act. (Sec. 306) Provides that any ship documented under U.S. laws operating under the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio telegraphy station operated by one or more radio officers or operators. (Sec. 307) Requires LECs to make available: (1) interim telecommunications number portability beginning on the date of enactment of this Act; and (2) final number portability when the FCC determines such to be technically feasible. Requires the neutral administration of a nationwide numbering system, with costs to be borne by all telecommunications carriers. (Sec. 308) Requires the manufacturer of telecommunications and customer premises equipment or a provider of telecommunications service to ensure that such equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. Sets forth guidelines. Requires closed captioning when readily achievable. Provides exemptions. Provides for: (1) regulations; and (2) enforcement. (Sec. 309) Prohibits a State, except for the adoption of specified minimally restrictive statutes or regulations, from waiving or modifying the requirements of this Act concerning interconnection agreements. Authorizes the FCC to preempt any State statute or regulation found to be inconsistent with FCC regulations or unreasonably discriminatory in its application. (Sec. 310) Requires telecommunications carriers, upon request, to provide: (1) at affordable and reasonable rates, telecommunications services necessary for the provision of health care services to persons residing in rural areas; and (2) at rates less than amounts charged for similar services to other parties, universal service to elementary and secondary schools and libraries for the provision or receipt of educational services. Directs the FCC to: (1) consider the lower rates provided to public institutional telecommunications users within any universal service requirements established under title I of this Act; and (2) establish rules for the enhanced availability of advanced telecommunications and information services to elementary and secondary school classrooms, health care providers, and libraries. Requires appropriate interconnection. (Sec. 311) Prohibits any BOC that provides payphone or telemessaging service from: (1) subsidizing such service with revenues from its telephone exchange or exchange access service; or (2) preferring or discriminating in favor of its payphone or telemessaging service. (Sec. 312) Includes the protection of direct broadcast satellite signals within Federal law providing civil and criminal penalties against persons manufacturing or distributing devices used for the unauthorized decryption of satellite signals. Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities - Communications Decency Act of 1995 - Amends the Act to prohibit: (1) the use of any telecommunications device (currently, only the telephone) by a person not disclosing his or her identity in order to annoy, abuse, threaten, or harass another; (2) the repeated use of a telecommunications device solely for harassment purposes; (3) allowing the use of any telecommunications facility in his or her control for such purposes; and (4) the use of a telecommunication device for making indecent communications to persons under age 18. Increases the fine and maximum sentence for such violations. Provides defenses to such violations, including one for persons whose actions are limited solely to the provision of access to certain communications. (Sec. 403) Increases from $10,000 to $100,000 the maximum fine for: (1) transmission over a cable system of obscene or otherwise unprotected material; and (2) broadcasting obscene language on the radio. (Sec. 405) Provides constitutional separability for the various provisions of this title. (Sec. 406) Prohibits a party calling a toll-free telephone number from being assessed a charge by virtue of being asked to connect or otherwise transfer to a pay-per-call service. (Sec. 407) Requires cable television operators, upon subscriber request and at no charge, to fully scramble or otherwise block the audio and video portions of programs unsuitable for children. (Sec. 408) Requires a multichannel video programming distributor to fully scramble or otherwise block the video and audio portion of a sexually explicit adult video channel which is primarily dedicated to sexually-oriented programming. Provides transition provisions. (Sec. 409) Authorizes a cable operator to refuse to transmit any public access or leased access program or portion thereof which contains obscenity, indecency, or nudity. (Sec. 410) Directs the Secretary of Commerce to take appropriate steps to make available to the public information on tags voluntarily used to identify obscene, indecent, or mature text or graphics on public information networks in order to help prevent access to such material by children. Requires a report from the Comptroller General to the Congress on the tags established and utilized in voluntary compliance with this provision. Title V: Parental Choice in Television - Parental Choice in Television Act of 1995 - Encourages: (1) appropriate representatives of the broadcast and cable television industries to voluntarily establish rules for the rating of violence or other objectionable content in television programming; (2) such representatives to consult with appropriate public interest groups and individuals from the private sector when establishing such rules; and (3) television broadcasters and cable operators to comply voluntarily with the rules so established. Provides that if such representatives do not establish such rules within one year after the enactment of this Act, there shall be established the Television Rating Commission for such purpose. Authorizes appropriations for Commission purposes. (Sec. 504) Directs the FCC to require television sets manufactured in or imported into the United States and having screen sizes of 13 inches or greater to be equipped with circuitry designed to enable viewers to block the display of: (1) channels during a particular time; and (2) all programs with a common rating. (Sec. 505) Prohibits any person from manufacturing, shipping, or importing televisions that do not meet the display blocking requirements. Requires FCC rules to provide performance standards for such blocking technology and to update such standards as new video technology is developed. Title VI: National Education Technology Funding Corporation - National Education Technology Funding Corporation Act of 1995 - Recognizes the National Education Technology Funding Corporation as a nonprofit corporation independent of the Federal Government and operating under the laws of the District of Columbia. Authorizes the Corporation to receive discretionary grants, contracts, gifts, contributions, or technical assistance from any Federal department or agency. (Sec. 605) Requires audits of the Corporation by independent certified public accountants. Provides reporting and recordkeeping requirements. Requires the accessibility of Corporation books for audit and examination. Directs the Corporation to report annually to the President and the Congress on operations and activities of the previous fiscal year. Requires Corporation members to be available to testify before the Congress concerning such operations and activities. Title VII: Miscellaneous Provisions - Amends the Act to state that certain competitive bidding requirements of the Act shall not apply to licenses or construction permits issued by the FCC for public safety radio services or for licenses or construction permits for new terrestrial digital television services assigned by the FCC to existing terrestrial broadcasting licensees to replace their current television licenses. Extends through FY 2000 the authority of the FCC to grant such licenses or permits. Amends the National Telecommunications and Information Administration (NTIA) Act to authorize any Federal entity which operates a Government station to accept reimbursement from any person for the costs of relocating the operations of such stations from one or more radio spectrum frequencies to any other frequency. Authorizes any person seeking to relocate a Government station that has been assigned a frequency of mixed Federal and non-Federal use to petition the NTIA for such relocation. Provides relocation requirements. Allows such a relocated station up to one year to reclaim its former station if it finds the new facilities or spectrum (radio frequency) to be inferior. Provides for the expedited transfer to Federal spectrum use of a station currently on a mixed Federal and non-Federal spectrum or the consolidation of its spectrum use with other Government stations in a manner that maximizes the spectrum available for non-Federal use. Directs the President to seek to implement the relocation of the 1710 to 1755 megahertz frequency band by January 1, 2000. Directs the Secretary to submit to the President and the Congress a report and timetable for the reallocation of the three frequency bands that were discussed but not recommended for reallocation in the Spectrum Reallocation Final Report. Directs the FCC to allocate the 4635 to 4685 megahertz band transferred to the FCC under the NTIA Act for broadcast auxiliary uses. Requires all licensees of broadcast auxiliary spectrum in the 2025-2075 megahertz band, within seven years after enactment of this Act, to relocate into spectrum allocated by the FCC, above. Directs the FCC, within five years after enactment of this Act, to allocate the spectrum recovered in the 2025-2075 megahertz band for use by new licensees for commercial mobile or other similar services after the relocation of the broadcast auxiliary licensees. Directs the FCC to assign such licensees by competitive bidding. (Sec. 702) Expresses the sense of the Senate that the entertainment industry should do everything possible to limit the amount of violent and aggressive entertainment programming, particularly during the viewing hours of children. (Sec. 703) Prohibits the calling party from being charged for information conveyed during a call to a toll-free (800) number unless the calling party: (1) has a written agreement specifying the material terms and conditions under which the information is offered and which includes certain identifying information; or (2) is charged for the information only after the information provider clearly states the cost of the information to be provided and receives from the calling party an agreement to accept such charges, as well as a credit, calling, or charge card number to which such charges are to be billed. Outlines provisions concerning: (1) billing arrangements in the event of acceptance of charges; (2) the use of a personal identification number by the subscriber to obtain access to the information provided; (3) exceptions to the written agreement requirement; and (4) termination of service if a telecommunications carrier reasonably determines that a complaint against an information provider is valid. Amends the Telephone Disclosure and Dispute Resolution Act to authorize the FCC to extend the definition of "pay-per-call services" under such Act to other services that the FCC determines are susceptible to the unfair and deceptive billing practices addressed by such Act. (Sec. 704) Amends the Federal criminal code to require the disclosure to a governmental entity of electronic communication subscriber information when the entity submits a formal written request for information relevant to a legitimate law enforcement investigation for the name, address, and place of business of a subscriber or customer engaged in telemarketing. (Sec. 705) Directs the Secretary of Transportation to: (1) carry out research to identify successful telecommuting programs in the public and private sectors and provide for dissemination to the public of information on such programs, as well as their benefits and costs; and (2) report to the Congress the findings, conclusions, and recommendations regarding telecommuting. (Sec. 706) Authorizes an LEC or its affiliate to purchase or otherwise acquire more than a ten percent interest, or any management interest, in, or enter into a joint venture with, any cable system in a local service area which serves no more than 20,000 subscribers of which no more than 12,000 live within an urbanized area.

TABLE OF CONTENTS: Title I: Transition to Competition Title II: Removal of Restrictions to Competition Subtitle A: Removal of Restrictions Subtitle B: Termination of Modification of Final Judgement Title III: An End to Regulation Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities Telecommunications Competition and Deregulation Act of 1995 - Title I: Transition to Competition - Amends the Communications Act of 1934 (the Act) to require a local telephone exchange carrier (or class of such carriers) that is determined by the Federal Communications Commission (FCC) to have market power in providing telephone exchange service or telephone exchange access service to: (1) enter into good faith negotiations within 15 days with any telecommunications carrier requesting interconnection with the telephone exchange carrier in order to provide telephone exchange or exchange access service; and (2) provide such interconnection at reasonable, nondiscriminatory rates and in accordance with requirements of this title. Provides minimum standards for any interconnection agreement entered into, including nondiscriminatory access and high-quality interconnection between the carriers. Allows a local exchange carrier, upon receiving a request for interconnection, to negotiate and enter into a binding agreement with the telecommunications carrier without regard to such standards, as long as such agreement: (1) includes a schedule of itemized charges for each service, facility, or function included; and (2) is submitted to the State for approval. Provides for agreement: (1) arbitration by a State at any time during negotiations; and (2) intervention by a State when more than 135 days have passed since the original intervention request. Outlines duties and rights of parties in an intervention proceeding, including the duty to provide all appropriate information and the opportunity to respond. Requires the State proceeding to be conducted in accordance with rules promulgated by the FCC. Requires the State action to be completed no later than 10 months after the date on which the local exchange carrier received the original interconnection request. Outlines provisions concerning: (1) the determination during arbitration or intervention of the charges by the local exchange carrier for an unbundled (no unreasonable conditions on resale or sharing) element of the interconnection; (2) State approval or rejection of an interconnection agreement; (3) the required availability of an interconnection agreement to other telecommunications carriers on the same terms and conditions; (4) the collocation of equipment necessary for interconnection at the premises of the carrier at reasonable charges; (5) FCC promulgation of implementing regulations; (6) FCC authority to act if a State fails to carry out its arbitration or intervention responsibilities; (7) waiver or modification by the FCC or a State of minimum interconnection standards with respect to a rural telephone company; and (8) a State's authority to impose requirements on a telecommunications carrier for intrastate services to further competition in telephone exchange service or exchange access service. (Sec. 102) Prohibits a Bell operating company (BOC)(including any subsidiary and affiliate) which provides telephone exchange service from providing information services, manufacturing services, or interLATA (local access and transport area) services (with exceptions), unless it provides that service through a subsidiary that: (1) is separate from any BOC entity that provides telephone exchange service; and (2) meets specified structural and transactional requirements, such as books, records, officers, directors and employees separate from the BOC. Prohibits any discrimination between a BOC, its subsidiary or affiliate, and any other entity in the provision of goods, services, facilities, and information or in the establishment of standards. Prohibits a BOC subsidiary from marketing or selling telephone exchange services provided by the BOC unless that company permits other entities offering the same or similar services to market and sell its telephone exchange services. Outlines additional requirements for the provision of interLATA services by a BOC. Requires each BOC and its subsidiary or affiliate to protect the confidentiality of proprietary information relating to other common carriers, equipment manufacturers, and customers, with certain exceptions such as bill collection. Authorizes the FCC to grant an exception from any requirement of this section when determined necessary for the public interest, convenience, and necessity. Requires public utility companies which are registered holding companies that provide telecommunications services to provide such service through a separate subsidiary. Directs each State to determine whether public utility companies in their State which provide such service but are not registered holding companies will be required to provide such service through a separate subsidiary. (Sec. 103) Directs the FCC to institute and refer to a Federal- State joint board a proceeding to recommend rules regarding the implementation of provisions with regard to universal service (intra- and inter-state telecommunications services that the FCC determines should be provided at reasonable rates to all Americans, including those in rural and high-cost areas and those with disabilities). Requires the periodic (at least every four years) review of such implementation. Provides Joint Board and FCC deadlines with regard to the provision and implementation of appropriate recommendations. Requires the Joint Board and the FCC to base policies for the preservation and enhancement of universal service on specified principles, including quality services, affordable rates, and access in all regions of the country. Requires all telecommunications providers to contribute in the advancement of universal service. Prohibits telecommunications carriers from subsidizing competitive services with revenues from services that are not competitive. (Sec. 104) Directs the FCC (in the case of interstate service) or a State (in the case of intrastate service), when more than one telecommunications carrier serves a geographic area, to determine which carrier is best able to provide universal service to the community and to designate that carrier as an essential telecommunications carrier (ETC) for that community. Sets forth ETC obligations in the provision of such service. Allows multiple ETC designations for an area. Directs the FCC or a State, as appropriate, to establish rules for the resale of universal service, requiring the carrier whose facilities are being resold to be adequately compensated for their use. Allows, under specified rules, an ETC to relinquish such designation if another ETC is designated for the same area. Provides for: (1) enforcement proceedings against an ETC refusing to provide appropriate universal service; and (2) the designation of an ETC for interexchange services for any unserved community or portion thereof requesting such services. (Sec. 105) Makes provisions of the Act prohibiting foreign investment and ownership in telecommunications licenses, facilities, and equipment inapplicable to foreign representatives when the FCC determines that the foreign country of such representative provides equivalent market opportunities for common carriers to the United States or its citizens. Repeals such exemption when such equal opportunity ceases. (Sec. 106) Directs the FCC to prescribe regulations that require certain local telephone exchange carriers to make available to any qualifying carrier (an ETC) such public switched network infrastructure, technology, information, and telecommunications facilities and functions as may be requested for the provision of telecommunications services, or access to such services, in the service area of an ETC. Requires a local exchange carrier entering into an agreement under this section to provide to each party of the agreement timely information on the planned deployment of telecommunications services and equipment, including necessary software. Title II: Removal of Restrictions to Competition - Subtitle A: Removal of Restrictions - Amends the Act to prohibit any State or local statute or regulation from prohibiting the ability of any entity to provide any interstate or intrastate telecommunications services. Authorizes the FCC to immediately preempt the enforcement of any statute that is found to so interfere. Protects the rights of any cable operator engaged in the provision of telecommunications services, prohibiting any franchise or additional conditions from being imposed on such operator for such services. (Sec. 202) Authorizes a State, under certain conditions, to require a direct-to-home satellite service provider who is subject to the personal jurisdiction of the State to collect and remit a State and local sales tax with respect to the provision of such services. Provides nondiscrimination provisions. Exempts the direct-to-home satellite service from other local taxes or fees for such services. (Sec. 203) Provides that any telecommunications carrier, including a BOC, which carries or provides video programming provided by others through a common carrier video platform shall not be considered a cable operator providing cable service and therefore shall not be subject to certain cross-ownership restrictions under the Act. Requires BOCs, in order to receive such exemption, to: (1) provide facilities, services, or information to all programmers on the same terms and conditions as provided to its own video programming operations; and (2) not subsidize its video programming with revenues from its telecommunications services. Outlines provisions concerning rates, access, and certain procedural safeguards (through FCC regulations) and enforcement provisions with respect to the provision of video programming through a common carrier video platform. (Sec. 204) Authorizes the FCC to consider a rate for cable programming services as unreasonable only if it substantially exceeds the national average rate for comparable services. Includes as "effective competition" under the Act a situation where a local exchange carrier offers video programming services directly to subscribers, either over a common carrier video platform or as a cable operator, in the franchise area of an unaffiliated cable operator which is also providing cable service in that franchise area. (Sec. 205) Authorizes a cable television system to use utility pole attachments to provide cable service or any other telecommunications service. Requires a utility owning a pole to provide a cable television system with nondiscriminatory access to such pole for such purposes. Directs the FCC to prescribe regulations to ensure that such utilities charge just, reasonable, and nondiscriminatory rates for such pole attachments. (Sec. 206) Authorizes any utility and its subsidiary or affiliate (other than a public utility holding company that is an associate company of a registered holding company) to engage in any activity necessary or appropriate for the provision of telecommunications services, information services, or other services or products subject to FCC jurisdiction under the Act. Prohibits the Securities and Exchange Commission from regulating such activities. Allows the Federal Energy Regulatory Commission or a State commission to exercise its authority to prohibit the cross-subsidization of such activities. Requires the maintenance of separate books and accounts with regard to such activities by any subsidiary or affiliate that is an associated company of a registered holding company. Allows for independent audits, upon State request, of such subsidiaries or affiliates with respect to such activities. (Sec. 207) Authorizes the FCC, under certain conditions, to allow licensees to make use of the advanced television spectrum for the transmission of ancillary or supplementary services. Authorizes the FCC to collect fees for the use of such spectrum from licensees that charge subscribers for advanced television spectrum services. Requires such licensee to establish that such services are in the public interest. Increases from 25 to 35 percent the amount of national audience a single broadcast licensee may reach. Increases the term of license renewal for television licenses from five to ten years and for radio licenses from seven to ten years. Revises the broadcast license renewal procedures to allow such renewal if the FCC finds that: (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations by the licensee of the Act or FCC rules and regulations; and (3) there have been no other violations which, taken together, would constitute a pattern of abuse. Subtitle B: Termination of Modification of Final Judgment - Establishes the criteria to be used by the FCC to determine when a BOC may provide interLATA services in the region in which it is the dominant provider of wireless telephone exchange service or exchange access service. Allows such BOC to provide such services only if it has reached an interconnection agreement which meets the requirements of a competitive checklist, including nondiscriminatory access to specified services. States that, until a BOC is authorized to provide interLATA services in a telephone exchange area, a telecommunications carrier may not jointly market telephone exchange or exchange access service purchased from such a BOC with interexchange services offered by that telecommunications carrier. Prohibits the FCC from limiting or extending the requirements of the competitive checklist. Outlines provisions concerning: (1) a BOC application for the provision of interLATA services in an appropriate area; (2) FCC determination and approval of such application and publication of results in the Federal Register; and (3) judicial review and judgment with respect to an approval. Requires a BOC granted such approval to provide interLATA toll dialing parity throughout the market area coincident with its exercise of authority. Authorizes a BOC or its subsidiary or affiliate to provide interLATA services in an area where it is not the dominant provider of telephone exchange or exchange access services upon the date of enactment of this Act. Authorizes such BOC to provide certain incidental services, with limitations. Provides that a person engaged in the provision of commercial mobile services shall not be required to provide equal access to interexchange telecommunications carriers unless required to do so under the Act. (Sec. 222) Provides that a BOC authorized to provide interLATA services under this Act shall be authorized by the FCC to: (1) manufacture and provide telecommunications equipment; and (2) manufacture customer premises equipment, subject to specified requirements and related regulations. Requires such manufacturing to be carried out through a separate subsidiary or affiliate of such BOC, with appropriate requirements of separation (books, accounts, officers, and employees) maintained. Requires a manufacturing subsidiary of a BOC to make available to local exchange carriers telecommunications equipment and related software that is manufactured by such subsidiary as long as there is demand for such equipment. Prohibits a BOC from discriminating among such local exchange carriers with respect to bids for services or equipment, the standards or certification of equipment, or the sale of telecommunications equipment and software. Requires the protection of proprietary information. Allows a BOC to engage in close collaboration with manufacturers of customer premises or telecommunications equipment not affiliated with a BOC during the design and development of equipment hardware and software. Provides for the administration and enforcement of such requirements through FCC regulations and appropriate civil actions. (Sec. 223) States that nothing in this Act is intended to prohibit a BOC from engaging in any activity authorized by an order pursuant to the Modification of Final Judgment, if such order was entered on or before the date of enactment of this Act. (Sec. 224) Provides specific penalties for violations of provisions of this Act relating to interconnection authority, separate subsidiary and safeguard requirements, and the authority of a BOC to provide interLATA telecommunications services. (Sec. 225) Authorizes a BOC to provide alarm monitoring services three years after the date of enactment of this Act if the BOC has been authorized by the FCC to provide interLATA services. Requires the FCC to establish rules governing the provision of such services by a BOC. Provides an exception to the three-year waiting requirement in the case of alarm monitoring services provided by a BOC that was engaged in the provision of such services as of December 31, 1994, as long as certain conditions are met. Title III: An End to Regulation - Directs the FCC and the States to: (1) provide telecommunications carriers with pricing flexibility in the rates charged to consumers for telecommunications services; (2) ensure that residential telephone rates remain just, reasonable, and affordable as competition develops for telephone exchange service and telephone exchange access service; and (3) adopt alternative forms of regulation for Tier 1 telecommunications carriers as part of a plan that includes the advancement of competition and other measures designed to protect the consumer. Authorizes the FCC and the States to establish: (1) rates for services included within universal service; and (2) a residential telephone rate where only a single carrier provides such service in a market, but to cease such rate regulation when determined no longer necessary for the protection of consumers. Provides for a transition plan. Requires local telephone exchange carriers to provide subscriber list information to anyone, upon request, on a timely, unbundled, and nondiscriminatory basis. (Sec. 302) Directs the FCC (with respect to Federal regulations) and a Federal-State Joint Board (with respect to State regulations) to biennially review and make appropriate determinations with respect to all regulations applicable to telecommunications services. (Sec. 303) Authorizes the FCC, upon making certain determinations, to forbear from applying any regulation or provision of the Act to a telecommunications carrier or service in any or some of their geographic markets. Requires the FCC, within those determinations, to consider whether such forbearance will promote competitive market conditions. (Sec. 304) Requires the FCC and each State telecommunications commission to encourage the deployment of advanced telecommunications capability to all Americans. Requires the FCC to regularly initiate a notice of inquiry concerning such availability. (Sec. 305) Directs the FCC to undertake the termination or modification of regulations and provisions of the Act as necessary to implement the changes made under this Act. (Sec. 306) Provides that any ship documented under U.S. laws operating under the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio telegraphy station operated by one or more radio officers or operators. (Sec. 307) Requires local exchange carriers to make available: (1) interim telecommunications number portability beginning on the date of enactment of this Act; and (2) final number portability when the FCC determines such to be technically feasible. Requires the neutral administration of a nationwide numbering system, with costs to be borne by all telecommunications carriers. (Sec. 308) Requires the manufacturer of telecommunications and customer premises equipment or a provider of telecommunications service to ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. Sets forth standards. Requires closed captioning when readily achievable. Provides exemptions from such requirements. Provides for: (1) studies; (2) regulations; and (3) enforcement. (Sec. 309) Prohibits a State, except for the adoption of specified minimally restrictive statutes or regulations, from waiving or modifying the requirements of this Act concerning interconnection agreements. Authorizes the FCC to preempt any State statute or regulation found to be inconsistent with FCC regulations or unreasonably discriminatory in their application. (Sec. 310) Requires designated ETCs, upon request, to provide at affordable and reasonable rates: (1) telecommunications services necessary for the provision of health care services to persons residing in rural areas; and (2) universal service to elementary and secondary schools and libraries for the provision or receipt of educational services. Directs the FCC to establish rules for the enhancement of the availability of advanced telecommunications and information services to elementary and secondary school classrooms, health care providers, and libraries. Requires appropriate interconnection. (Sec. 311) Prohibits any BOC that provides payphone or telemessaging service from: (1) subsidizing such services with revenues from its telephone exchange or exchange access service; or (2) preferring or discriminating in favor of its payphone or telemessaging service. Requires implementing regulations. Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities - Communications Decency Act of 1995 - Amends the Act to prohibit the use of any telecommunications device (currently, only the telephone) by a person not disclosing his or her identity in order to annoy, abuse, threaten, or harass any person. Prohibits the repeated use of a telecommunications device solely for harassment purposes. Prohibits a person from allowing the use of any telecommunications facility (currently, telephone facility) in his or her control for such purposes. Prohibits the use of a telecommunication device (currently, telephone) for making indecent communications for commercial purposes to children under age 18. Increases the fine and maximum sentence for such violations. Provides defenses to such violations, including one for persons whose actions are limited solely to the provision of access to certain communications. (Sec. 403) Increases from $10,000 to $100,000 the maximum fine for: (1) transmission over a cable system of obscene or otherwise unprotected material; and (2) broadcasting obscene language on the radio. (Sec. 405) Includes digital communications among those communications protected by the Act from unauthorized interception and disclosure. (Sec. 406) Prohibits a party calling a toll-free telephone number from being assessed a charge by virtue of being asked to connect or otherwise transfer to a pay-per-call service. (Sec. 407) Requires cable television operators, upon subscriber request and at no charge, to fully scramble or otherwise block the audio and video portions of programs unsuitable for children. (Sec. 408) Authorizes a cable operator to refuse to transmit any public access or leased access program or portion thereof which contains obscenity, indecency, or nudity.