Title II of the "Communications Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act, as amended by the House Commerce Committee (HCC) on April 26, 2006.
Language approved by amendment on April 26 is shown in red.
Language deleted by amendment on April 26 is shown in strike through.
• The HCC rejected the only amendment offered to this title at the April 26 mark up. See, amendment [5 pages in PDF] (No. 19) offered by Rep. Ed Markey (D-MA).
• See also, story titled "Amendment by Amendment Summary of Full Committee Mark Up of COPE Act" in TLJ Daily E-Mail Alert No. 1360, April 28, 2006.
TITLE II—ENFORCEMENT OF BROADBAND POLICY STATEMENT
SEC. 201. ENFORCEMENT OF BROADBAND POLICY STATEMENT.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end the following new section:
SEC. 715. ENFORCEMENT OF BROADBAND POLICY STATEMENT.
(a) AUTHORITY.—The Commission shall have the authority to enforce the Commission’s broadband policy statement and the principles incorporated therein.
(1) IN GENERAL.—This section shall be enforced by the Commission under titles IV and V. A violation of the Commission’s broadband policy statement or the principles incorporated therein shall be treated as a violation of this Act.
(2) MAXIMUM FORFEITURE PENALTY.—For purposes of section 503, the maximum forfeiture penalty applicable to a violation described in paragraph (1) of this subsection shall be $500,000 for each violation.
(3) ADJUDICATORY AUTHORITY.—The Commission shall have exclusive authority to adjudicate any complaint alleging a violation of the broadband policy statement and the principles incorporated therein. The Commission shall complete an adjudicatory proceeding under this subsection not later than 90 days after receipt of the complaint. If, upon completion of an adjudicatory proceeding pursuant to this section, the Commission determines that such a violation has occurred, the Commission shall have authority to adopt an order to require the entity subject to the complaint to comply with the broadband policy statement and the principles incorporated therein. Such authority shall be in addition to the authority specified in paragraph (1) to enforce this section under titles IV and V. In addition, the Commission shall have authority to adopt procedures for the adjudication of complaints alleging a violation of the broadband policy statement or principles incorporated therein.
(4) LIMITATION.—Notwithstanding paragraph (1), the Commission’s authority to enforce the broadband policy statement and the principles incorporated therein does not include authorization for the Commission to adopt or implement rules or regulations regarding enforcement of the broadband policy statement and the principles incorporated therein, with the sole exception of the authority to adopt procedures for the adjudication of complaints, as provided in paragraph (3).
(c) STUDY.—Within 180 days after the date of enactment of this section, the Commission shall conduct, and submit to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation, a study regarding whether the objectives of the broadband policy statement and the principles incorporated therein are being achieved.
(d) DEFINITION.—For purposes of this section, the term ‘Commission’s
broadband policy statement’ means the policy statement adopted on August 5,
2005, and issued on September 23, 2005, In the Matters of Appropriate Framework
for Broadband Access to the Internet over Wireline Facilities, and other Matters
(FCC 05–151; CC Docket No. 02–33; CC Docket No. 01–337; CC Docket Nos. 95–20,
98–10; GN Docket No. 00–185; CS Docket No. 02–52).’’.