H3506 CONGRESSIONAL RECORD — HOUSE June 8, 2006 Indeed, one-half of the top 25 recipi- of traveling on behalf of this Nation, I unfortunately, it does not help the face ents of United States’ arms in the de- am saddened by what the appropriators of America to cut in such crucial areas veloping world are undemocratic, ac- have had to do in this foreign ops bill, as have already been mentioned. But in cording to the United States State De- because we have turned our backs any event, I hope we will have the abil- partment’s own record. I think that is somewhat on the world. ity to improve on this in the Senate an unfortunate commentary. And I will We can applaud the special forces as and as well to not turn our back on the be offering an amendment later in this our gun and the bringing down of ways that we can add to democratiza- debate, with my good friend, the gen- Zarqawi, but really diplomacy and gov- tion and add to the security of the tleman from Iowa (Mr. LEACH), who ernment and governance is going to world. chairs our Subcommittee on Inter- win the war in Iraq. So it is important Mr. HASTINGS of Florida. Mr. national Affairs on Asia, to divert $250 that we have investment in those kinds Speaker, I yield back the balance of million from the military aid to put it of issues. my time. in assistance that would make a dif- Let me speak specifically to the Mr. LINCOLN DIAZ-BALART of ference for foreign countries around question of Sudan. And although we re- Florida. Mr. Speaker, I want to thank the world to deal with the fact that alize that in addition to the Darfur my good friend, Mr. HASTINGS, and all there are a billion people around the issues, there are rebel issues, and who have participated in this debate. world who live on a dollar a day or less; rebels play a part in the conflict, it is We are very proud to bring forth this that every 15 seconds, a child dies from the government of Sudan that needs appropriation bill with an open rule. waterborne disease. Indeed, one-half of the overcoming of its attitude of dis- Very proud of the underlying legisla- the people who are sick today any- ingenuousness in not paying attention tion, with over $21 billion in assistance where around the world are sick need- to finding ways to resolve the conflict. for countries throughout the world to lessly from waterborne disease. I would hope that an amendment, or at help with disease and with poverty. This Chamber, last year, supported least language that I have that focuses The American people are very gen- bipartisan legislation, the Water for on Chad, and realizes that the burden erous, year after year after year, and I of refugees needs to have additional the Poor Act, named after our col- am very proud to be a Representative funding and focus so that the Sudanese league, Senator Paul Simon, that has here in this House of that generous situation can move forward, I hope we the potential of being transformational people. will have an opportunity to debate that for these people. But what we need to Mr. Speaker, I yield back the balance amendment and also include that lan- do is to invest money to make that the of my time, and I move the previous guage but, more importantly, as we case. So I am going to strongly urge question on the resolution. move to the Senate, have funding for that my colleague look at this pro- The previous question was ordered. Chad. posal, much to be commended, but to I hope we will also recognize that Af- The resolution was agreed to. look at one specific adjustment, put- ghanistan is really the war we can win. A motion to reconsider was laid on ting money away from arms to un- Finding now Osama bin Laden, but the table. democratic areas where, frankly, it is more importantly, investing into the f not the highest priority, and, instead, regional reconstruction plan so that we COMMUNICATIONS OPPORTUNITY, invest 250 million additional dollars for can have more schools and hospitals this critical economic and development PROMOTION, AND ENHANCEMENT and infrastructure for a country that ACT OF 2006 aid. has absolutely nothing, yet its people Remember, last year, in the total are inclined to move enthusiastically Mr. LINCOLN DIAZ-BALART of budget for the entire world dealing towards democracy. President Karzai Florida. Mr. Speaker, by direction of with this problem of waterborne dis- represents stability, and we need to in- the Committee on Rules, I call up ease, the entire budget was only $200 vest more in the reconstruction of Af- House Resolution 850 and ask for its million, after we had worked and ghanistan. immediate consideration. worked and worked. This budget cur- Then I hope that we would have the The Clerk read the resolution, as fol- rently only provides $50 million. We opportunity to address the question of lows: can do more, and I strongly urge con- what we call codes of conduct in many H. RES. 850 sideration of the Leach-Blumenauer of our Islamic countries who overlook Resolved, That at any time after the adop- amendment. the rape of women, gang rapes in fact, tion of this resolution the Speaker may, pur- Mr. LINCOLN DIAZ-BALART of where the nations condone the rape to suant to clause 2(b) of rule XVIII, declare the Florida. Mr. Speaker, I reserve the bal- the extent that they allow the cultural House resolved into the Committee of the ance of my time. mores to exist over the safety and se- Whole House on the state of the Union for Mr. HASTINGS of Florida. Mr. curity of women. We have seen this consideration of the bill (H.R. 5252) to pro- mote the deployment of broadband networks Speaker, I am pleased to yield 4 min- happen throughout the Islamic world, utes to my good friend from Texas (Ms. and services. The first reading of the bill where there are gang rapes and no shall be dispensed with. All points of order JACKSON-LEE). prosecution. (Ms. JACKSON-LEE of Texas asked against consideration of the bill are waived. It is extremely important that we General debate shall be confined to the bill and was given permission to revise and focus on these tragedies that are occur- and shall not exceed one hour equally di- extend her remarks.) ring, and they occur in countries that vided and controlled by the chairman and Ms. JACKSON-LEE of Texas. I know happen to be our allies. So I hope that ranking minority member of the Committee that there will be a general debate, but language on that will be accepted to re- on Energy and Commerce. After general de- I want to take this opportunity to ac- spond to the rape and pillage of women bate the bill shall be considered for amend- knowledge one of the best working without any protection whatsoever. ment under the five-minute rule. The bill teams that we have in the House, and I would also add to the Afghan fund- shall be considered as read. Notwithstanding clause 11 of rule XVIII, no amendment to the that is the team of LOWEY and KOLBE ing is the necessity of protecting the bill shall be in order except those printed in on Foreign Ops. And I want to take parliamentarians. There is a democrat- the report of the Committee on Rules accom- this time on the rule to thank Mr. ically-elected government in Afghani- panying this resolution. Each such amend- KOLBE for his spirited commitment to stan with a large percentage of women ment may be offered only in the order print- Africa and developing nations and his parliamentarians who are fearful of ed in the report, may be offered only by a partnership with Mrs. LOWEY, who al- going back to their districts. They Member designated in the report, shall be ways finds a basis of resolve and, if you need security, and that should be the considered as read, shall be debatable for the will, a solution. So we thank you, and face of the foreign appropriations as time specified in the report equally divided and controlled by the proponent and an op- I pay this tribute to Mr. KOLBE on what well. Meeting with them in Afghani- ponent, shall not be subject to amendment, I believe will be his last Foreign Ops stan just recently, they begged us to and shall not be subject to a demand for divi- bill. provide them with security, security, sion of the question in the House or in the But I agree with Mr. HASTINGS in security. Committee of the Whole. All points of order suggesting that foreign ops is our face So let me thank the appropriators for against such amendments are waived. At the to the world. And with his experience doing the best that you could do, but, conclusion of consideration of the bill for

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JN7.020 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE June 8, 2006 CONGRESSIONAL RECORD — HOUSE H3507 amendment the Committee shall rise and re- that imposes hundreds of millions of State budgets, how many States and port the bill to the House with such amend- dollars of unfunded mandates on com- localities can afford this? Local pro- ments as may have been adopted. The pre- munities across this country whose gramming and police and fire commu- vious question shall be considered as ordered local public, educational, and govern- nications traffic supported by I-Nets on the bill and amendments thereto to final passage without intervening motion except ment accessible channels, known as should not be allowed to be diminished one motion to recommit with or without in- PEG access channels, as well as insti- through the passage of this bill. Yet be- structions. tutional networks known as I-Nets, cause of this unfunded mandate, the over which our police, fire and emer- city of Madison in my own congres- b 1115 gency communications often travel, sional district will see losses in the UNFUNDED MANDATE POINT OF ORDER will be gutted by the legislation we are tens of thousands of dollars per year, Ms. BALDWIN. Mr. Speaker, I make considering today creating a national while larger franchises such as that in a point of order. cable franchise system. Montgomery County, Maryland, will Mr. Speaker, pursuant to section 426 As provided under the rule, H.R. 5252, suffer almost $2 million in losses. of the Congressional Budget Act of the Communications Opportunity, Pro- Mr. Speaker, I will submit for the 1974, I make a point of order against motion, and Enhancement Act, also RECORD a chart compiled by the Alli- consideration of the rule, H. Res. 850. known as the COPE Act, would limit ance for Community Media detailing Page 1, line 7, through page 2, line 1, available support for PEG access chan- how 45 local franchising authorities in states: ‘‘All points of order against nels to a maximum of 1 percent of an 13 States will lose huge percentages of consideration of the bill are waived.’’ operator’s gross revenue, less than their annual PEG funding under the The rule makes in order H.R. 5252, what many communities receive today. COPE Act. the Communications Opportunity, Pro- This legislation’s one-size-fits-all ap- During the committee markup of motion, and Enhancement Act of 2006, proach fails to keep communities fi- H.R. 5252, and subsequently at the which contains a large unfunded man- nancially whole. Committee on Rules, I offered an date on State and local governments in Local cable franchises are long-term amendment that would have remedied violation of section 425 of the Budget contracts signed between a cable oper- this problem. In addition to the option Act. Section 426 of the Budget Act spe- ator and a community, and some go as of a PEG fee based on 1 percent of the cifically states that the Committee on long as 15 years. Yet this bill allows cable operator’s gross revenue, my Rules may not waive section 425; and, cable operators to walk away from amendment allowed the franchising au- therefore, this rule violates section 426. those signed and sealed contracts, thority to continue requiring cable op- The SPEAKER pro tempore. The gen- causing the city to lose long-term rev- erators with a national franchise to tlewoman from Wisconsin makes a enue it expected to get under those pay a fee equivalent to the value on a point of order that the resolution vio- contracts. per subscriber, per month basis of all lates section 426(a) of the Congres- Many communities have made the PEG support currently provided by an sional Budget Act of 1974. In accord- decision in their local franchises to re- incumbent cable operator in a fran- ance with section 426(b)(2) of the Act, quire more than 1 percent worth of chise area pursuant to that incum- the gentlewoman has met the thresh- PEG and I-Net support more than bent’s existing franchise agreement. old burden to identify the specific lan- would be available under COPE. In This hold-harmless approach would guage in the resolution on which the those communities that make robust have ensured the current level of PEG point of order is predicated. use of these resources, enactment of funding that was in no way diminished Under section 426(b)(4) of the Act, the this bill may result in the loss of up to by the transition from local to na- gentlewoman from Wisconsin (Ms. 67 percent of their budgets for these tional franchise systems. BALDWIN) and the gentleman from important and crucial services. Under my amendment, the new na- Florida (Mr. LINCOLN DIAZ-BALART) Indeed, according to the Congres- tional cable franchisee will not pay a each will control 10 minutes of debate sional Budget Office’s cost estimate for single cent more than what the current on the question of consideration. the bill, by prohibiting local fran- incumbent cable providers are already Pursuant to section 426(b)(3) of the chising authorities from charging cable paying. More importantly, my amend- Act, after that debate the Chair will providers more than 1 percent of their ment would have eliminated this un- put the question of consideration, to gross revenues to provide PEG pro- funded mandate that will cost local wit: Will the House now consider the gramming, enacting COPE would lead communities hundreds of millions of resolution? to a loss in State and local revenues es- dollars. Unfortunately, my amendment The Chair recognizes the gentle- timated to be between $150 million and was not allowed to come to the floor woman from Wisconsin. $450 million by 2011. Even with pro- for a vote under this restrictive rule. Ms. BALDWIN. Mr. Speaker, I yield jected offsets from other provisions of Mr. Speaker, if this legislation myself such time as I may consume. the bill, the Congressional Budget Of- passes, the diverse and vibrant offer- Mr. Speaker, in January of 1995 in fice estimates that the net cost of this ings of public access channels on cable the first few weeks after the Repub- mandate would likely fall between $100 television will face enormous chal- licans took control of this House for million and $350 million per year by lenges. the first time in 40 years, they passed a 2011. I want to talk a little about the im- bill they proudly called the Unfunded Because of CBO’s conclusion that the portance of PEG access channels as Mandates Reform Act. annual cost of this mandate over the communities’ resources. There are over The goals of this bill, they argued at next 5 years will exceed $64 million, 3,000 PEG access centers across the the time, were honesty and account- which triggers the unfunded mandate country today representing 3,000 chan- ability. It would force the Congress to law that Republicans so proudly nels, 250,000 organizations and 1.2 mil- publicly acknowledge when it passed backed in 1995, I am raising this point lion volunteers. legislation that imposed large, unreim- of order against the rule. According to a survey of the National bursed uncompensated costs known as The fact is that the rule waives all Association of Telecommunications Of- unfunded mandates on State and local points of order against this bill. The ficers and Advisors, 73 percent of com- governments. Budget Act specifically says that the munities with PEG capacity receive fi- As our former colleague and current Committee on Rules cannot waive nancial support from the cable oper- director of the Office of Management points of order against unfunded man- ator under terms of the local franchise and Budget, Rob Portman, said during dates, yet the Republican leadership ig- over and above the franchise fee. the debate back in 1995, ‘‘No significant nores this. So in the spirit of the de- Whether it is in the form of an annual unfunded mandate can now go through bate in 1995, I am raising this point of fee, a one-time grant, or use of a build- Congress without Members having to order that will force us all in the public ing or equipment, or a per subscriber vote up or down in the public view.’’ view to vote up or down this unfunded fee, such resources are used to support But here we are 11 years later and the mandate. the needs of local PEG communities in tables have turned. My Republican col- During these really challenging eco- their production of local programming. leagues are bringing to the floor a bill nomic times with very tight local and These resources are used by schools for

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JN7.002 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE H3508 CONGRESSIONAL RECORD — HOUSE June 8, 2006 distance education, by our locally Mr. Speaker, the question before us If the bill had said that every Mem- elected officials to improve govern- is not whether we should eliminate any ber of Congress in the House and the mental services and enhance demo- mandates, but whether we should con- Senate had to be provided an office cratic discourse, and by our commu- sider this bill at all. with a television studio by the cities, nities as the last source of free speech The one thing that is clear is that we that would be a mandate; and it would over the medium of television. need national video competition. be unfunded. It is not in this bill. My congressional district in Wis- Prices will fall and consumers will ben- What is the Congressional Budget Of- consin has one of the most diverse, en- efit. fice definition of an unfunded man- riching, and vibrant public access com- The opponents of this legislation date? It is an Alice in Wonderland defi- munities in the Nation. For over 30 would have you believe that the cur- nition. It is a reverse definition. Here years, Madison City Channel has rent locality-by-locality method of is what the bill actually does: it says helped connect Madison residents with video franchise helps consumers. The every city that is currently collecting their local government in much the track record is just the opposite. Con- fees gets to continue to collect those same way C–SPAN allows our constitu- sumers benefit when there are low bar- fees, or it can negotiate a better deal if ents to follow our actions here in Con- riers to entry for competition. they want to. It says that every new gress. Madison City Channel has pro- The distinguished proponent of this entrant that wants to get the so-called vided that window into the workings of point of order wants to keep those bar- national franchise, if they let the city county and city governments, the lev- riers in place. If you vote against this know that they want to provide video els of government that most directly question, you are voting not to proceed services to that city, they have to pay impact the lives of our constituents on with consideration of the rule and of that city up to 5 percent, plus an addi- a daily basis. the bill. That means you are voting to tional 1 percent for all of these PEG In addition, the school district oper- deprive the American consumer of channels, public education and govern- ates two channels that feature a vari- video competition, lower prices, and mental channels, that the gentle- ety of school board meetings and fo- new services. woman from Wisconsin was just talk- rums, as well as interviews with school Americans who are demanding this ing about. It says these new entrants board members and administrators and competition for these services. We need have to pay that. sporting events. The channel also fea- to move forward with this bill and with There are studies out that says be- tures student music events, math and this rule so that we can debate the best cause of this provision that these new science fairs, and news programming. ways to deliver what our constituents entrants are going to have to pay the PEG channels from the city of White- are asking for. I encourage my col- cities additional revenue; that the cit- water in my district feature not just leagues to oppose this maneuver and ies, in total, may get up to 40 percent local election coverage, meetings of vote ‘‘yes’’ on the question of consider- or more of additional revenues, more the city council and school board, but ation. money not less money. That is not an also programming produced by the Mr. Speaker, I yield 5 minutes to the unfunded mandate. That is what we in local United Way, the Historical Soci- Texas call found money. Oh, here’s an- gentleman from Texas (Mr. BARTON), ety, and five local churches, among the distinguished chairman of the Com- other $150,000 for next year, or two mil- others. lion or whatever it is. mittee on Energy and Commerce. Overall, the 80-plus PEG access chan- The bill before us allows the cities to (Mr. BARTON of Texas asked and nels in Wisconsin perform invaluable charge an additional 1 percent. I didn’t was given permission to revise and ex- services on a daily basis commercial want to do that. I was opposed to that. tend his remarks.) free, with the sole basis of informing But Mr. UPTON and some of my friends and educating our citizens. Mr. BARTON of Texas. Mr. Speaker, on the Democratic side that were nego- Diversity of programming and cov- next week the President of the United tiating on the bill thought that was a erage are found in communities across States is expected to sign in the Oval fair thing to do. And so it is in the bill. the country. I want to note that in ad- Office or the Rose Garden a bill that If there is one thing that I am sure of, dition to coverage of government and increases fines for utterances of an ob- it is that there is no unfunded mandate educational affairs, different commu- scene nature over the public airwaves. in this bill. nities adopt various genres of program- That is Chairman UPTON’s bill, and I Now, I will tell you how energized I ming to reflect their local interests. am a sponsor and strong supporter of am about this. I am going to go out and For example, religious programming it. draft me a CBO reform bill and I am represents 20 to 40 percent of program- b 1130 going to introduce it and I am going to ming in most public access centers, ac- get the committee of jurisdiction, If C–SPAN were over the public air- cording to a survey of the National As- which I think is the Budget Com- ways and not cable, I would probably sociation of Telecommunications Offi- mittee, to try to hold a hearing on it or be the first victim fined, the first vio- cers and Advisors. And ‘‘Army move it or do something about it. I am lator of that bill because of my reac- Newswatch’’ is the most-syndicated tired of a CBO that looks like an Alice tion, not to the gentlewoman’s point of program on PEG channels, with car- in Wonderland operation. riage on over 300 PEG channels nation- order, which is within the rules of the If there really were an unfunded wide. I know that many Members of House, but because of the underlying mandate in this bill, I would oppose it. Congress host their own public access premise that the Congressional Budget But there is not. And so I strongly, I shows on PEG channels to reach out Office has propounded that there is an respect the rights of the minority to and connect with their constituents. unfunded mandate in this bill. The use every parliamentary procedure Preserving PEG funding is about pre- thing that I can say that is printable is they have, and the CBO did issue a re- serving the local flavor and diversity of that is hogwash. port that does say there is an unfunded community voices. It is about trans- Now, we went down to the dictionary mandate. That is a true statement. But parency and accountability in our local that is always here in the House of what the CBO calls an unfunded man- government, and it is about strength- Representatives and looked up the date is absolute hogwash. ening the sense of shared neighbor- word ‘‘mandate.’’ The number one defi- So I oppose this point of order, and hoods and communities. nition, a command to act in a par- hope that we will sustain the under- Mr. Speaker, the House can either ticular way on a public issue. That is lying rule and move forward on the choose to consider this rule in spite of the number one definition for mandate base bill and have an honest debate on COPE’s unfunded mandate; or it can in that dictionary: a command to act the merits of the bill later this after- send this rule back to committee, in a particular way on a public issue. noon and tomorrow. make my amendment in order, and Now, if the bill before us had told the Mr. LINCOLN DIAZ-BALART of eliminate the unfunded mandate upon cities that they had to provide cable Florida. Mr. Speaker, I yield 2 minutes which this point of order is predicated. service themselves to every citizen in to the gentleman from Michigan (Mr. Mr. LINCOLN DIAZ-BALART of their community and not compensated UPTON). Florida. Mr. Speaker, I yield myself for it with Federal dollars, that would Mr. UPTON. Mr. Speaker, I would such time as I may consume. be a mandate. just like to say, just to correct the

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JN7.019 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE June 8, 2006 CONGRESSIONAL RECORD — HOUSE H3509 record, I was not a big supporter of this plus these new entrants are going to be Bass Gohmert Osborne Bean Goode Otter 6 percent from the beginning. And I can automatically assessed up to 5 percent Beauprez Goodlatte Oxley point the finger at others. I was not the plus an additional 1 percent unless the Biggert Granger Paul instigator of this. However, it is part of city makes a different deal. Okay? Bilirakis Graves Pearce the bill. And, in fact, a study was put Cities are going to have more money, Bishop (GA) Green (WI) Pence Bishop (UT) Green, Gene Peterson (PA) out that, according to the Phoenix more revenue sources. And the inde- Blackburn Gutknecht Petri Center for Advanced Legal and Eco- pendent studies that have already Blunt Hall Pickering nomic Public Policy Studies, indicates come out say that, in most cases, city Boehlert Harris Pitts that competition and the rise in the and local revenues are expected to Boehner Hart Platts Bonilla Hastings (WA) Poe number of cable providers will cause grow as much as 30 percent. And I Bonner Hayes Pombo total cable industry revenues to go up think they may be even higher than Boozman Hayworth Porter such that the 5 percent franchise fee, that. Boren Hefley Price (GA) Boswell Hensarling along with the 1 percent increase for Pryce (OH) Ladies and gentlemen, that is not an Boucher Herger Putnam the PEG channels, will see revenues in- unfunded mandate. That is not an un- Boustany Higgins Radanovich crease by as much as 30 percent. funded mandate. So I strongly oppose Boyd Hinojosa Ramstad Now, I might note, where does that 30 Bradley (NH) Hobson Regula this point of order and hope that we Brady (TX) Hoekstra percent come from? It comes from us, Rehberg sustain the base rule and move forward Brown (SC) Hostettler Reichert the consumers. It is passed along. So to debate the underlying bill. Brown-Waite, Hulshof Renzi Ginny Hunter the cities are going to actually in- PARLIAMENTARY INQUIRY Reynolds crease revenue. They are going to still Burgess Inglis (SC) Rogers (AL) Mr. MARKEY. Mr. Speaker, par- Burton (IN) Inslee Rogers (KY) maintain the control of the right-of- liamentary inquiry. Buyer Issa Rogers (MI) Calvert Istook way, as they should. The SPEAKER pro tempore. The gen- Rohrabacher I don’t know where the CBO came up Camp (MI) Jenkins Ros-Lehtinen tleman from Massachusetts may state Campbell (CA) Jindal with this study. I know that I am told Ross his inquiry. Cannon Johnson (CT) Royce that they conferred with our staff. Cantor Johnson, Sam Mr. MARKEY. Mr. Speaker, under Ruppersberger They obviously didn’t listen very well. Capito Jones (NC) the rules, is it the Congressional Budg- Rush I look forward to cosponsoring the Cardoza Keller Ryan (WI) Carter Kelly et Office that determines whether or Ryun (KS) legislation along with Chairman BAR- Castle Kennedy (MN) not an item is an unfunded mandate or Sa´ nchez, Linda Chabot King (IA) TON. I think that this does need to be T. not? Chandler King (NY) addressed. Saxton Chocola Kingston The SPEAKER pro tempore. Section Schmidt CBO, I think, in addition, made an- Coble Kirk 424 of the Congressional Budget Act Schwarz (MI) other major mistake on the transition Cole (OK) Kline Scott (GA) does provide for estimates by the Con- Conaway Knollenberg to digital bill that the President signed Sensenbrenner gressional Budget Office of unfunded Crenshaw Kolbe into law earlier this year when they Sessions Crowley Kuhl (NY) mandates. Shadegg calculated that the sale of the spec- Cubin LaHood Mr. MARKEY. And in this instance, Shaw trum, the analog spectrum, would Cuellar Latham Shays bring in only $10 billion when, in fact, has the CBO not determined that there Culberson LaTourette is an unfunded mandate that could be Davis (KY) Leach Sherwood we saw some private studies that it Shimkus upwards of 500 million to 1.5 billion on Davis (TN) Lewis (CA) might be as much as $20 billion. Davis, Jo Ann Lewis (KY) Shuster So, again, Mr. Speaker, I would ask cities and towns over the next 5 years? Davis, Tom Linder Simmons Simpson my colleagues to support the Rules The SPEAKER pro tempore. The Deal (GA) LoBiondo issue of the estimate may be addressed DeLay Lucas Smith (NJ) Committee and deny this motion. Dent Lungren, Daniel Sodrel Mr. LINCOLN DIAZ-BALART of in debate. The point of order was made Diaz-Balart, L. E. Souder Florida. Mr. Speaker, I am glad we had against the resolution for waiving any Diaz-Balart, M. Mack Stearns Sullivan this opportunity. I think it is appro- point of order under the Congressional Doolittle Marchant Budget Act, as provided by section 426 Drake McCaul (TX) Sweeney priate for the minority to use the Dreier McCotter Tancredo rights available to it. It is part of the of such Act. Duncan McCrery Tanner democratic process, very proud of that, Mr. MARKEY. Mr. Speaker, is there Edwards McHenry Taylor (NC) anything left with the Contract With Ehlers McHugh Terry zealously need to defend that. Emerson McIntyre Thomas At the same time, it is important for America? Is that an appropriate par- English (PA) McKeon Thornberry the facts to come out, and Chairman liamentary inquiry? Everett McMorris Tiahrt Tiberi BARTON has explained how this bill pro- The SPEAKER pro tempore. The gen- Feeney Meeks (NY) tleman is not stating a parliamentary Ferguson Melancon Turner vides the cities with an option to get Fitzpatrick (PA) Mica Upton another percent, to charge a fee of an- inquiry. Flake Michaud Walden (OR) other percent that they can’t charge All time having expired, pursuant to Foley Miller (FL) Walsh section 426(b)(3) of the Congressional Forbes Miller (MI) Wamp under current law. That sounds to me Ford Miller (NC) Weldon (FL) like more funds than less. And yet it is Budget Act of 1974, the question is: Will Fortenberry Miller, Gary Weldon (PA) called an unfunded mandate. the House now consider the resolution? Fossella Moran (KS) Weller Mr. Speaker, I yield the remainder of The question was taken; and the Foxx Murphy Westmoreland Speaker pro tempore announced that Franks (AZ) Murtha Whitfield our time to Chairman BARTON. Frelinghuysen Musgrave Wicker The SPEAKER pro tempore. The gen- the ayes appeared to have it. Gallegly Myrick Wilson (NM) tleman from Texas is recognized for 11⁄4 Ms. BALDWIN. Mr. Speaker, I object Garrett (NJ) Neugebauer Wilson (SC) minutes. to the vote on the ground that a Gerlach Ney Wolf Gilchrest Northup Wynn Mr. BARTON of Texas. Mr. Speaker, quorum is not present and make the Gillmor Norwood Young (AK) let me just recapitulate. Under current point of order that a quorum is not Gingrey Nunes Young (FL) law, if you are a satellite provider, you present. don’t have to pay any franchise fee, The SPEAKER pro tempore. Evi- NAYS—166 any at all. Now, if you are a landlocked dently a quorum is not present. Abercrombie Brown, Corrine Costello cable provider, you do have to pay The Sergeant at Arms will notify ab- Ackerman Butterfield Cramer Allen Capps Cummings some of these fees. They can be up to 5 sent Members. Baca Capuano Davis (AL) percent, and they can charge some in- The vote was taken by electronic de- Baird Cardin Davis (CA) kind contribution for these pay chan- vice, and there were—yeas 254, nays Baldwin Carnahan Davis (IL) Becerra Carson DeFazio nels. That is current law. 166, not voting 12, as follows: Berkley Case DeGette Under the pending bill, if it were to [Roll No. 235] Berman Clay Delahunt Berry Cleaver DeLauro become law, you get the existing fran- YEAS—254 chise fees that are paid by the incum- Bishop (NY) Clyburn Dicks Aderholt Bachus Barrow Blumenauer Conyers Dingell bent cable provider, plus the city can Akin Baker Bartlett (MD) Brady (PA) Cooper Doggett charge a 1 percent fee to the incumbent Alexander Barrett (SC) Barton (TX) Brown (OH) Costa Doyle

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JN7.022 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE H3510 CONGRESSIONAL RECORD — HOUSE June 8, 2006 Emanuel Lipinski Ryan (OH) vided and controlled by the chairman educational and governmental, so Engel Lofgren, Zoe Sabo and ranking minority member of the called PEG, channels and institutional Eshoo Lowey Salazar Etheridge Lynch Sanchez, Loretta Committee on Energy and Commerce. networks. Farr Maloney Sanders The rule also provides one motion to This bill includes stringent anti- Fattah Markey Schakowsky recommit, with or without instruc- discrimination provisions. A cable op- Filner Marshall Schiff tions. erator will not be able to deny access Frank (MA) Matheson Schwartz (PA) Gonzalez Matsui Mr. Speaker, for virtually every tele- to its cable service to any group of po- Scott (VA) Gordon McCarthy Serrano communications service, consumers tential residential cable service sub- Green, Al McCollum (MN) have a choice over which service they Grijalva McDermott Sherman scribers in a franchise area because of Gutierrez McGovern Skelton can obtain. They can comparison shop the income of that group. Harman McKinney Slaughter and get the deal they feel is best for Any complaint filed by a local au- Hastings (FL) McNulty Smith (WA) their family based on service and on thority with the FCC must be com- Herseth Meehan Snyder Hinchey Meek (FL) Solis price. pleted in 60 days. If the FCC finds dis- Holden Millender- Spratt The reason that consumers can criminatory practices against a group, Holt McDonald Stark choose the best telecommunications the FCC must ensure that the cable op- Honda Miller, George Strickland deal for their family is because most erator extends access to that group Hooley Mollohan Stupak Hoyer Moore (KS) Tauscher telecommunications services are part within a reasonable period of time. The Israel Moore (WI) Taylor (MS) of a competitive business. However, un- FCC may also order that the cable op- Jackson (IL) Moran (VA) Thompson (CA) fortunately, this is not true for video erator pay penalties of up to $500,000 Jackson-Lee Nadler Thompson (MS) (TX) Napolitano services. The lack of competition for per day, per violation to the franchise Tierney cable television service means poorer authority. Jefferson Neal (MA) Towns Johnson, E. B. Obey Udall (CO) service, higher prices, and less innova- In addition, Mr. Speaker, to improv- Jones (OH) Olver Udall (NM) tion for new products and services. ing cable competition, this legislation Kanjorski Ortiz Van Hollen Kaptur Owens Mr. Speaker, it is time we allow com- also provides the FCC with explicit au- Vela´ zquez Kennedy (RI) Pallone petition for video services. The Federal thority to enforce its broadband policy Kildee Pascrell Visclosky Wasserman Communications Commission has statement. The statement has four Kilpatrick (MI) Pastor found that less than 2 percent of mar- Kind Payne Schultz principles that the FCC can enforce Kucinich Pelosi Waters kets have face-to-face cable television with regard to net neutrality. Langevin Peterson (MN) Watson competition. In the other 98 percent of Those are that consumers are enti- Lantos Pomeroy Watt markets where there is no face-to-face tled to, first, access to lawful Internet Larsen (WA) Price (NC) Waxman Larson (CT) Rahall Weiner competition, cable rates have increased content of their choice; two, run appli- Lee Rangel Wexler approximately 85 percent since 1995. cations and services of their choice Levin Rothman Woolsey When there is competition, cable subject to the needs of law enforce- Lewis (GA) Roybal-Allard Wu rates drop. According to the General ment; three, connect their choice of NOT VOTING—12 Accounting Office, cable competition legal devices that do not harm the net- Andrews Gibbons Nussle leads to a 15 percent decrease in costs work; and, four, competition among Bono Hyde Oberstar for consumers. Bringing competition to network providers, application and Davis (FL) Johnson (IL) Reyes long distance and wireless services has Evans Manzullo Smith (TX) service providers, and content pro- brought lower costs for consumers. For viders. Consumers are entitled to that b 1206 example, since 1995, the cost for long as well. Mr. SPRATT, Mr. WATT and Mrs. distance telephone service has fallen Mr. Speaker, this legislation was in- JONES of Ohio changed their vote from approximately 50 percent. The cost of troduced by Chairman BARTON and re- ‘‘yea’’ to ‘‘nay.’’ wireless minutes has fallen approxi- ported out of the Energy and Com- Messrs. WYNN, BOYD, MELANCON, mately 77 percent. merce Committee by a bipartisan vote INSLEE, RUSH, RUPPERSBERGER This act, the COPE Act, removes bar- of 42–12. Most impressive. This is good and Mrs. KELLY changed their vote riers to entry for new competitors in legislation that will bring competition from ‘‘nay’’ to ‘‘yea.’’ the video services market by estab- to cable television finally in this coun- So the question of consideration was lishing clear Federal standards to re- try and lower the price of video serv- decided in the affirmative. place the outdated local franchise ap- ices to consumers. The result of the vote was announced proval process. There are over 34,000 I would like to thank Chairman BAR- as above recorded. local franchise authorities. Negoti- TON and Chairman UPTON and Rep- A motion to reconsider was laid on ating just one local franchise can take resentative RUSH for their hard work the table. years. and their leadership on this very im- Stated against: Now, imagine, Mr. Speaker, negoti- portant issue. Mr. ANDREWS. Mr. Speaker, I regret that I ating 34,000 such agreements. One com- I urge my colleagues to support both missed one vote on June 8, 2006. Had I been pany official testified that, for exam- the rule and the underlying legislation. present I would have voted ‘‘no’’ on H. Res. ple, if AT&T signed a franchise agree- Mr. Speaker, I reserve the balance of 850 (Providing for consideration of the bill ment every day, it would take more my time. H.R. 5252, to promote the deployment of than 7 years to complete its deploy- Ms. SLAUGHTER. Mr. Speaker, I broadband networks and services). ment plan. Signing all of these agree- yield myself such time as I may con- The SPEAKER pro tempore. The gen- ments is prohibitively expensive to sume. tleman from Florida (Mr. LINCOLN companies interested in offering video (Ms. SLAUGHTER asked and was DIAZ-BALART) is recognized for 1 hour. service. given permission to revise and extend Mr. LINCOLN DIAZ-BALART of This system impedes entry by new her remarks.) Florida. Mr. Speaker, for the purpose competitors, and consumers end up Ms. SLAUGHTER. Mr. Speaker, our of debate only, I yield the customary 30 paying the price. Even though compa- democratic system of government minutes to the gentlewoman from New nies will be able to get a national or a promises that the will of the people it York (Ms. SLAUGHTER), pending which I State franchise instead of negotiating serves will be heard. But it does more yield myself such time as I may con- with each of the local authorities, the than that. It also promises that the sume. During consideration of this res- local authorities will still retain many right to debate will not be trampled olution, all time yielded is for the pur- of their rights under the current sys- underfoot by the might of simple ma- pose of debate only. tem. The local franchise authorities, jorities. (Mr. LINCOLN DIAZ-BALART of for example, will still have the right to In so doing, it seeks to protect the Florida asked and was given permis- manage their rights-of-way. needs of all of its citizens, rather than sion to revise and extend his remarks.) They will receive a franchise fee of simply those of the biggest, the rich- Mr. LINCOLN DIAZ-BALART of up to 5 percent of gross revenues. In ad- est, and the most well-connected Florida. Mr. Speaker, this rule provides dition to the franchise fee, they can re- groups in our society. For all of these 1 hour of general debate, equally di- ceive an additional 1 percent for public, reasons, the rule and the bill that we

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JN7.004 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE June 8, 2006 CONGRESSIONAL RECORD — HOUSE H3511 have before us today is onerous on two 2006 as it stands today will do much neutrality; and my colleagues, Mr. separate, but connected, levels. more to limit online opportunities MARKEY, Mr. BOUCHER, Ms. ESHOO and It should not be a handful of people than it will enhance the experiences of Mr. INSLEE have offered an amendment in the back room that decides what users or promote the Democratic dig- to enshrine that concept in this legisla- ideas this democracy is allowed to con- ital flow of ideas. It is a bill written by tion. sider. And yet while eight Democrat and for a limited number of companies I should say, Mr. Speaker, that while amendments were made in order last that are already wildly profitable. the rule we are debating here today night in the Rules Committee, almost Also, they can make even more money will fortunately allow us to debate the 20 were not. and the American people will pay the amendment, it does not make in order Among those silenced were crucial price. another fine net neutrality proposal corrections to this legislation that It is indeed true that corporations that Chairman SENSENBRENNER and would protect the needs of American like Verizon and AT&T have invested a Ranking Member CONYERS developed in consumers and citizens against the un- great deal in the high technology and the Judiciary Committee. checked ambitions of some of our Na- infrastructure empowering our Na- Net neutrality is being portrayed by tion’s largest and most well-connected tion’s economy, but they are being some as an attempt at excessive regu- companies, companies I might add that compensated richly for their efforts by lation, but the opposite is the truth. were perfectly willing to hand over all ordinary consumers who pay to access But what we are doing here today will of our records to the government. their systems. Verizon, for example, is have long lasting repercussions, Mr. Now, perhaps this makes sense, con- one of the largest corporations in Speaker. I pray we do it right. sidering that what we have left is a bill America with annual revenues in ex- Net neutrality proposals like the one pro- that without amendment will radically cess of $75 billion a year. posed in the MARKEY, BOUCHER, ESHOO, and undermine the technology that has Because the information super- INSLEE amendment are the only way for us to been proven to embody the democratic highway these companies help build keep the Internet open for all. ideals of our Nation in a way that few has remained open to all and free of ar- These reforms we are proposing won’t pre- inventions ever have. bitrary tolls, it has been home to an vent telecommunications companies from b 1215 unlimited profusion of new and novel building their networks and earning tremen- I am, of course, talking about the companies. It is the basis of the great- dous profits . . . .They just won’t provide giant Internet. That is what my Democrat est exchange of ideas, opinions and in- companies with a government sanctioned colleagues and I are talking about formation in human history. It has be- stranglehold on the Internet marketplace. when we speak of an America that is come instrumental to our global econ- What they will do instead is ensure that net- for sale: Assaults on democracy here in omy and to our international political works will be worth building—that the infinitely the House that ripple out and hurt system, and it has allowed a free mar- diverse universe of information, ideas, and en- Americans everywhere. ket to truly flourish. tertainment that currently flows into homes Consider some of the amendments Today anyone with an idea or busi- around the world will be protected and perpet- the bill turned down yesterday, the ness concept can share it with literally uated. Rules Committee turned down yester- billions of others. Open telecommuni- Ultimately, this issue is about the freedom of day. Representatives DOYLE and DIN- cation systems have broken down walls the marketplace, and understanding the value GELL gave us an amendment that would and made old barriers obsolete. But my of competition. give local officials and mayors some colleagues and I are not exaggerating The Republican leadership, who talk so power over where and how tele- when we say that all of that is threat- much about benefits of competition and the communications companies could build ened by this bill. It permits major value of free-markets have abandoned these their infrastructure in their towns and telecom corporations to serve those core principles on this bill, in order to carry cities. This bill will take that power who can pay them the most better than water for the biggest and richest telecommuni- away from them. But the majority did those who cannot pay. The Internet has cations companies in the world. not allow us to debate the amendment traditionally been a true marketplace And when my friends on the other side of today. for ideas and commerce with small and the aisle rejected important amendments to Another amendment sought to re- large vendors competing on equal foot- this bill designed to defend ordinary con- quire telecommunications companies ing, a true community bazaar for the sumers and citizens against some of the larg- to provide high speed Internet access 21st century. est companies around, they were rigging the not just to the well-off neighborhoods, This bill, if not amended, will bull- game to ensure their own victory. but to all the neighborhoods in our cit- doze the dynamic Main Street style In the process, I worry that this House lead- ies and towns so that all our families marketplace that is our Internet today ership is headed toward selling out the needs would have access to the power and and will replace it with a one-size fits of tens of millions of Americans yet again. knowledge that comes with informa- all Wal-Mart superdome. We have all But they have a chance to change my mind tion and that amendment was rejected seen the effects that type of develop- here today, and the minds of millions and mil- by the majority. ment has had on local communities all lions of Americans who want an Internet not Another amendment would have over America. Why on earth would we controlled by a handful of mega-corporations. taken an aggressive stance against red help the Republicans do the same thing They have a chance to stand up for the lining, the practice of denying service to the Internet as well? Why should market place of ideas that the Internet has be- or offering inferior service to con- Americans accept the destruction of come . . . to embrace true competition in- sumers because of their race, national the very concept that makes the Inter- stead of trampling it under the foot of big busi- origin, religion or gender. That amend- net what it is today? ness. ment was turned away by the Repub- The truth is under this law, inde- They have a chance to ensure that the lican majority. pendent online media outlets and small Internet will truly belong to all Americans and Mr. Speaker, these were amendments Internet businesses will not be able to that anyone who chooses may have a voice written for the benefit of all Ameri- compete anymore. And Internet users online. And that that voice won’t be filtered by cans. They were designed not to un- will eventually have no choice but to a few privileged super companies who have fairly impinge on the ability of tele- use the services of an ever-dwindling greased the skids in Congress. communication companies to do busi- number of online organizations. Inno- America deserves better than this, Mr. ness, but rather to ensure the business vation of all kinds will be stifled and Speaker. done served the public good and the the ultimate leveler of the playing And I know that quietly many of my Repub- needs of all of us. But when we examine field will have been forever tilted in lican colleagues out there today agree with me what was put into the bill before us, it favor of the already rich and already on this issue. makes sense that a handful of folks in powerful. And all of this will have been I just hope they are brave enough to stand the leadership decided for all of us that done simply so the wealthy can make with us. the amendments would be left out. more money. I urge everyone in this House to vote ‘‘yes’’ The Communications Opportunity, The solution to this unacceptable on the Markey, Boucher, Eshoo, and Inslee Promotion, and Enhancement Act of outcome, Mr. Speaker, is known as net amendment.

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\K08JN7.026 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE H3512 CONGRESSIONAL RECORD — HOUSE June 8, 2006 Without it, this legislation is little more than half a million dollars for broadband dollars. Not one Republican supported an unjustifiable attack on a technology with providers that block lawful content. the principle of no unfunded mandates. the rarest of potentials—to better the lives of Mr. Speaker, the FCC would have ex- What are the Republicans afraid of? everyone it touches. plicit power to go after companies that Because the debate has been limited Mr. Speaker, I reserve the balance of violate the network neutrality issues and Americans’ voices silenced by this my time. for the first time in this bill. restrictive rule, I urge my colleagues Mr. LINCOLN DIAZ-BALART of The FCC now has the ability to en- to vote against the rule. Florida. Mr. Speaker, I yield myself force their broadband policy state- One issue that we do have a chance such time as I may consume. ments and the principles included to vote on today is the Markey amend- Mr. Speaker, we have fashioned a therein. Under this Act, the FCC can ment on net neutrality. Mr. MARKEY very fair rule, very fair. Mr. MARKEY’s act swiftly to punish those who simply has offered an amendment that will amendment, he has worked long and violate these principles. continue the innovative tradition of hard on it, was in order on net neu- So free and open Internet is crucial the Internet by enacting net neutrality trality, a very important issue. We to formulating an effective policy. We protections that ensure all consumers look forward to considering it. My dis- must not lose site of the fact that if are able to access any content they tinguished friend, the Chairman of the the network providers really do act wish with the same broadband speed Judiciary Committee, his problem was badly in the future, Congress can and I and performance. The imposition of ad- that amendment was not germane. hope will, step in and legislate through ditional fees for Internet content pro- Mr. Speaker, I yield 3 minutes to the tough rules. But for now the strict, viders would unduly burden Web-based distinguished gentleman from Florida strong enforcement provisions that are small businesses and start-ups. They (Mr. STEARNS). in this bill are a tough deterrent to would hamper communications by non- (Mr. STEARNS asked and was given anyone who would act to change the commercial users, those using religious permission to revise and extend his re- free and open nature of the Internet. speech, promoting civic involvement marks.) I urge support of the rule. I urge sup- and exercising first amendment free- Mr. STEARNS. Mr. Speaker, I would port of the bill. doms. say to Ms. SLAUGHTER that as Mr. Ms. SLAUGHTER. Mr. Speaker, I That is why organizations across the DIAZ-BALART has mentioned, the bill in yield 1 minute to the gentlewoman political spectrum support net neu- question passed 42 to 12 in committee. from California (Ms. PELOSI). trality, from the Gun Owners of Amer- Only rarely do you see a bill pass with Ms. PELOSI. Mr. Speaker, I thank ica to Common Cause, from the Chris- only 20 percent in opposition to the the gentlewoman for yielding me time tian Coalition to the Service Employ- bill. And during this extensive markup, and her leadership on this important ees International Union. America’s there were plenty of amendments that issue about openness and freedom on most innovative companies like Google were offered, many of them were de- the Internet. and eBay and YouTube and Yahoo also feated. And a lot of these amendments, Mr. Speaker, last year, House Demo- favor the Markey amendment. particularly the Markey amendment, crats met with leaders around the Without Net neutrality, the current are going to be offered today. So the country to create our innovation agen- experience that the Internet users main concern that you have is a vote da, a commitment to competitiveness enjoy today is in jeopardy. Without the on net neutrality, and we are going to to keep America number one. One Markey amendment, telecommuni- have that today. So I really think what young technology leader told us, If you cations and cable companies will be you are complaining about is not of think you have seen it all on the Inter- able to create toll lanes on the infor- concern to members in general. net and broadband, you ain’t seen mation superhighways. This strikes at The current requirement for new en- nothing yet. the heart of the freedom and quality of trants into competitive cable service The objective of this legislation, to the Internet. as has been pointed out are overly bur- create more competition in the Today we can vote to retain the densome and serve as a barrier to broadband marketplace, is a laudable openness and innovation of the Inter- entry. Because of the tireless work of one. But a key goal of the tele- net. I urge my colleagues to vote in Chairman BARTON and also Mr. UPTON, communications policy must be that favor of the future, in favor of the Mar- we have this bill before us, the Commu- everyone in America, from the most key amendment, and against the re- nication Opportunity, Promotion, and rural areas to the most urban, is never strictiveness of this rule. Enhancement Act, or we call COPE. So more than a key stroke or a mouse Mr. LINCOLN DIAZ-BALART of the requirement to negotiate local click away from the jobs and oppor- Florida. Mr. Speaker, I yield 31⁄2 min- franchise fees as well as obligations of tunity that broadband can create and utes to the distinguished gentlewoman local franchising authorities, what support. Bridging the digital divide from Tennessee (Mrs. BLACKBURN). they impose are delaying such entry with inclusiveness must be a central Mrs. BLACKBURN. Mr. Speaker, I and blocking the consumer benefits value of our broadband efforts, yet rise today to support this rule and to that such entry would provide. today absent from this bill is that spir- support the bill, H.R. 5252, the COPE More competition would lead to it of inclusiveness. Act as we have called it. And I want to lower prices, better service and greater Why are we not able to debate take a moment and thank Chairman innovation, and all of these benefits amendments that ensure that access is BARTON and Chairman UPTON for their are positive for our constituents. The built out to the entire community and excellent work on this bill. I also want COPE Act creates a national frame- not limited by race or religion? Why to thank Congressman WYNN who has work for the regulation of cable serv- are we not able to debate amendments worked with me on video choice and ices while striking the proper balance to protect our local governments and franchising and on these issues. It has by preserving local government en- enforce our local laws? been a bipartisan bill and it has been a forcement of local rights of way regu- In fact, on the previous vote on con- 1-year debate, and I thank him for his lation and national consumer protec- sideration of the resolution that Ms. leadership and his participation on this tion rules are in the bill. BALDWIN put forward on unfunded man- issue. The bill also preserves local franchise dates, it was reported by the CBO that fees and provides additional financial this bill could cost local governments b 1230 support for and carriage of educational, about $350 million in unfunded man- I think it is important to note that public and governmental programming. dates. this bill came out of committee on a It is all there. In addition, the COPE It is interesting to me that the Re- strong bipartisan vote, 42–12, and there Act also includes stricter net neu- publicans who have had not having un- is a reason that that happened. The trality enforcement provisions. These funded mandates as a principle of their reason for that is our constituents folks against the bill will say there is Contract with America, 100 percent of know that when we pass this bill that nothing in the bill for compliance of the Republicans voted for an unfunded they are going to see greater access to net neutrality but they are wrong. In mandate for localities in our country broadband. They are going to have that the bill it establishes penalties of up to to the tune of hundreds of millions of coming into their communities, and

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JN7.007 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE June 8, 2006 CONGRESSIONAL RECORD — HOUSE H3513 they are going to have greater access. served by the legislation we pass after that this legislation is going to benefit This is good for them, it is good for fair consideration. None of that is the special interests, particularly the their communities, and it is good for present, and I say to this body on this cable and the telephone industry. You economic development in those areas. rule, shame. Reject the rule. will find that it will do nothing for the Our constituents believe that they I support consumers having choices ordinary citizens. It is a shameful bill. have the right, that they should have for video and broadband. This bill will Mr. LINCOLN DIAZ-BALART of the opportunity, that they should have do more harm than good, and our con- Florida. Mr. Speaker, I yield myself the access to something more than one stituents and communities deserve to such time as I may consume. single cable provider, one set of rabbit know the truth about it, but they also We are very proud of this bill. We ears or a satellite; and I agree with deserve to have a fair bill. were very proud of the rule that brings them. Government regulation has cre- Democrats on the committee offered it forth. Three times as many Demo- ated the artificial marketplace that ex- real solutions to prevent harm to con- crat or bipartisan amendments have ists today, and it is a market that does sumers. We came close to a deal. At been made in order by the rule that we mean higher prices for our consumers. one point, we had a handshake deal bring this legislation to the floor with There is another point that has been which would have served everybody, than Republican amendments, three mentioned a couple of times. Some of but the telephone companies got on the times. these so-called D.C.-based groups that leadership here, and you know what In addition, the cities were heard re- lobby for our cities I think have had a has happened. We are not able to even peatedly. I have a list here, Mr. Speak- little bit of a problem understanding consider an amendment which will er, of concern after concern after con- the bill or reading the bill. So I would take care of the cities. cern of the cities that were dealt with like to clarify a couple of things there. This is going to affront the cities. It by the legislation, are dealt with by New entrants into the video service is going to leave many consumers of the legislation. It is good legislation market would be responsible for the these kinds of services with less serv- for the consumers. same franchise fees that the incumbent ice, worse service, higher cost and in- Finally, there is going to be competi- operators pay, and our cities would be ability to participate fully in the busi- tion in this country for cable tele- receiving those same fees from the new ness of moving information and infor- vision, something the consumers have entrants, as well as those incumbent mation technology at all. been demanding for many, many years. First, the bill would leave consumers companies. Many times, if you have Mr. Speaker, I yield 2 minutes to the paying higher cable prices for worse got an incumbent company, you add gentleman from Minnesota (Mr. GUT- service. Some may even lose their only one to it that gives you two companies. KNECHT), my distinguished friend and provider of cable service altogether. So you know there is some opportunity colleague. This is a bill which is supported not by there. Mr. GUTKNECHT. Mr. Speaker, I consumers, but by the special interests New entrants would also provide the thank the gentleman for yielding, and and by those who will be the bene- same government and education chan- I want to just comment on a couple of ficiaries of a national system of char- nels. We call those PEG channels. They things. ter. First of all, I rise in support of this are going to be included. Cities also Second, the legislation does nothing rule. Now, there are people on both maintain control over their rights-of- to stop cable operators and incoming sides who may say that this rule is not way. cable operators from offering inferior perfect and the bill is not perfect, and Now, we know that competition service to groups of people based on they probably would be correct; but I works. We have seen it work in Keller, race, color, religion, national origin, or think considering what we can get Texas, and Herndon, Virginia, and in sex. Representatives SOLIS, BALDWIN, done this year, this is a very good rule, other areas where we have brought in WAXMAN, WATSON and WU sought to new entrants into the video service prevent this by offering a strong anti- and this is a very good bill. I want to call particular attention to market. We know that speeds up discrimination amendment. This an amendment that was made in order broadband. We are 16th worldwide in amendment has been blocked. Why? broadband deployment. So let us speed The bill removes the authority of the that will be offered by me, Mr. STUPAK, that up. cities and townships to manage their Mr. PETERSON, and a group from the Another thing on net neutrality. own property, and it is going to clog Congressional Rural Caucus. It deals That is a nice fuzzy sounding name, the FCC with business which they will with the issue that many Members of but if we were to see the amendment simply disregard because it will be in- Congress, and I suspect many of our being offered today, we would have a convenient. Cities will be hurt, our constituents, do not completely under- net not so neutral and have a Sec- constituents will be hurt, and the con- stand. It is a new technology called retary of Internet Access that would be stituents of the cities will be hurt. voice over Internet protocol. Why is overseeing how we approach that issue. Representative DOYLE and I offered that important? Well, it is a tech- So I would encourage a ‘‘no’’ vote on amendments to keep the locals in nology that is growing by leaps and that amendment. charge, with courts hearing appeals bounds, and it has to ride on the tele- Mr. Speaker, I thank you for the rather than a Federal bureaucracy. Un- communications system, the interstate time. fortunately, the Republican majority highway, if you will; and the interstate Ms. SLAUGHTER. Mr. Speaker, I am has again blocked that amendment. system is only as good as its weakest pleased to yield 4 minutes to the gen- These three issues deserved open de- link. Everyone wants to serve the sub- tleman from Michigan (Mr. DINGELL), bate, they are important, as did others urbs and most companies want to serve the ranking member on the committee. offered by Democratic colleagues, or the cities, but when you get out into Mr. DINGELL. Mr. Speaker, I thank amendments that might wish to be of- the distant parts of rural America, it the distinguished gentlewoman from fered by Members on the floor. This is becomes more and more difficult to New York. This is a bad rule. It gags a complex, technically difficult piece serve those areas. the House. It does not give enough of legislation. It is one in which the fu- One of the ways that we have tried to time. It denies opportunity for Mem- ture of this country is going to be very level that playing field is with what is bers to offer worthwhile and important much affected, and it is a piece of legis- called a universal service fund, and the amendments. It is going to lead to en- lation which is going to relate to how base bill says nothing about the uni- actment of bad legislation. I would be people are treated fairly. versal service fund and the obligation ashamed to support or present a rule of None of that is permitted by the rule. that providers of voice over Internet this character. The legislation is a bad bill. We could protocol have to participate in the uni- This body is supposed to debate mat- have made it a good bill had my Repub- versal service fund. ters. We are supposed to be able to lican colleagues been cooperative and So the amendment that we are going offer amendments. We are supposed to had the special interests not gotten on to be offering, and I hope Members will be able to represent our constituents, them. consider supporting the amendment, and we are supposed to be able to see to If you look at this legislation and will simply say that nothing in this act it that the public interest is broadly how it is going to work, you will find shall be construed to exempt the VoIP

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JN7.033 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE H3514 CONGRESSIONAL RECORD — HOUSE June 8, 2006 service provider from requirements im- have for the future of America as the 5252, and after we completed the mark- posed by the Federal Communications entrepreneurial telecommunications up, not beforehand but after, 15 Demo- Commission or a State commission on Information Age giant in a modern crats from the Energy and Commerce all VoIP service providers, among oth- world. This is our strength, and it also Committee cosponsored the legislation. ers, to participate in the universal completely ignores the role that these That perhaps is one of the reasons why service fund. 50 percent of minority children are it passed in subcommittee 27–4, over- This is a very important amendment. going to have in terms of access to it. whelming; and 42–12 before the full In many respects, it is innocuous but it No requirement to build out into the committee. is important, especially in rural Amer- poor parts of town. Now, what kind of The process has been open. We have ica; but if you think about it, it is im- plan is that for America? It is a defeat- had lots of hearings, lots of discus- portant for everyone because the chain ist attitude, and the Republicans have sions. We have had lots of viewpoints, is only as strong as its weakest link. just basically put in this bill the tech lots of panels. We have heard from just Ms. SLAUGHTER. Mr. Speaker, I agenda for America in a rearview mir- about anyone with any interest at all yield 4 minutes to the gentleman from ror. It is a sad commentary. in this legislation as it has moved Massachusetts (Mr. MARKEY). Now, Congresswoman SOLIS wants to through this process. We looked at a Mr. MARKEY. Mr. Speaker, I thank have an amendment out here so we number of staff drafts, many of them the gentlewoman. would debate red-lining to make sure In a post-GATT, post-NAFTA global with Member input. Some Members the telephone companies just do not go world, global economy, you need an on- might want to decline to have Mem- to the good parts of town. They are going plan as to who is going to gain bers’ input, but in any case we had lots going to my part of town. They are access to telecommunications tech- of debate and lots of issues that we going to anybody’s part of town that nology, Information Age technology. looked at, starts and stops, and at the Well, the Republicans have con- has money in their pocket over $100,000 end of the day I think that the process, structed a defeatist policy. Knowing a year. Sure, that is great. Members of most Members would say, was very that 50 percent of the children in Congress, they are going to be fine. But fair. America will be minorities by the year what about the people in the neighbor- What was the intent of what we were 2020 in our country, they have refused hoods that people drive around? Are trying to do? It is called deregulatory Congresswoman SOLIS, Congresswoman they going to get access to it? Not parity; that is that we are going to WATSON, representing the Hispanic and under their bill, and by the way, not a treat all of the providers of these serv- the Black Caucus, to come out here to debate to be had on the House floor. ices equally, whether they be a cable make an amendment that would re- It is so disrespectful. It is so defeat- provider, whether it be telephone or quire the telephone companies to build ist. It is so lacking in vision as to what voice provider, or whether they have out on the poor side of town, because our country needs for entrepreneurs broadband or high speed Internet ac- we know they are going to the wealthy and for minority children, and I beg cess. All of those can provide these side of town, and they want this deci- the Members to vote ‘‘no’’ on this rule, services. All of us consumers want sion to be made at the Federal Govern- to open it up. Forty minutes on the those services in our homes and in our ment level. naming of a post office, 20 minutes on businesses, and yet under existing law Every mayor in the past has made the future of the Internet. Vote ‘‘no’’ it is not parity. It really is weighted this decision because they negotiate on this Republican rule. towards one side and against the oth- the contract with the cable company, Mr. LINCOLN DIAZ-BALART of ers. So the bottom line was we wanted but the Republicans say we are not Florida. Mr. Speaker, I yield myself it to be fair, and I think we achieved even going to have a debate on that such time as I may consume. that result with this legislation. issue on the House floor. That, Mr. Speaker, after having made What does it mean for the con- On net neutrality, 20 minutes, 10 his amendment in order. Mr. Speaker, sumers? Well, for the consumers that minutes for either side. Net neutrality, there were a number of misstatements have these services, it is probably an issue which is going to fundamen- that were just made; and first of all, I going to mean about a $30 to $40 reduc- tally change the nature of the Internet want to reiterate that this is an ex- tion per month. That comes out to forever. On the naming of post offices, tremely fair rule that we have brought about $400 per year that they will save the Republicans give 40 minutes of de- forth the underlying legislation with. with the enactment of this legislation. bate. On changing the Internet for the There are three times as many Demo- Now, I hear a lot about the cities. We rest of eternity, 20 minutes, evenly di- crat or bipartisan amendments has Re- wanted to protect the cities. Let me vided. publican amendments, including the tell you that the rights-of-way are pro- It is so disrespectful of the impor- amendment of the gentleman that just tected. They are going to be able to tance of these issues that it almost de- spoke. fies description, but it is a reflection of govern whether the streets are torn up b 1245 the telephone company agenda, and the or where the wires are going to be Republicans have decided to take that What I am going to do now is yield 4 strung. All of that the cities retain agenda 100 percent. minutes to one of the prime authors of those rights. Look at the language in Now, what did the telephone compa- this legislation to hopefully clarify a the bill. It is there. nies have to do with inventing the number of the misstatements, the gen- The revenue stream, very important Internet? Nothing. The browser? Noth- tleman from Michigan (Mr. UPTON). as well to the cities. Remember, that is ing. The World Wide Web? Nothing. Mr. UPTON. Mr. Speaker, I rise not us consumers that pay. Some would What have they had to do with the only as a Member, but also as the call it a hidden tax, but it is there. The Internet from the beginning of time? Chairman of the Telecommunications revenue stream is protected. In fact, Nothing. and Internet Subcommittee, and I first there are some studies that came out, But what the Republican Party has want to thank Chairman DREIER and we debated this a little earlier, perhaps done is side in this bill, in a gag rule Mr. DIAZ-BALART for their work in a 30 percent increase to the cities reve- that does not allow us to debate the crafting what I think is a fair rule in nues because you have got more pro- important issues, with the telephone the debate we have today and perhaps viders coming into town and you are company against every entrepreneurial tomorrow. going to have more people that perhaps company in America, the future Sergey From the start, this has been, I just have over-the-air and don’t pay Brins, the future Marc Andreessen of think, a very fair and open process. into that at all who are going to want Netscape and Google. They are going to And I must note that the Barton-Rush- these new services and it is going to be have to pay a broadband tax to the Upton-Pickering bill, H.R. 5252, has very beneficial. And we have the same telephone company to gain access. It been fair and open from the very start. standard, the same standard for accu- will be their highway. That is what In fact, I would note that when you mulating those revenues that there is they say. look at the number of cosponsors, and today. Well, that runs fundamentally con- this bill was filed after we completed So the bottom line is this: This was a trary to the agenda which we need to the markup in full committee, H.R. bipartisan bill. We worked hard to see

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JN7.034 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE June 8, 2006 CONGRESSIONAL RECORD — HOUSE H3515 it that way, and the proof is in the pud- tizing information; that everyone gets cable prices, they want more access, ding. That is why a 27–4 vote in sub- to use it, small businesses, entre- and they want more diversity and con- committee, overwhelming, and then a preneurs, individuals, families, teach- tent on the video platform. That is 42–12 vote in the full committee brings ers, schools, whomever you are, wher- what this bill does. this bill to the House floor. ever you are, whatever color you are, I urge my colleagues, those who can Now, earlier this morning, I had a and regardless of how much money you think for the little people in America, chance to talk to Chairman STEVENS have. This bill will damage that. not the elite, but for the little people on the other side of the Capitol. They I urge my colleagues to defeat this in America, I urge you to vote for this are looking forward to moving legisla- rule. This bill should not see daylight. rule. tion. I hope it is fairly close to ours. A We can do better than this. Mr. Speaker, I rise in support of the rule for markup yet this month and on the Mr. LINCOLN DIAZ-BALART of H.R. 5252, the Communications, Opportunity, floor as early as next month, so that Florida. Mr. Speaker, there are strong Promotion, and Enhancement Act of 2006, a we can get a bill to conference, work antidiscrimination provisions in this bill that I jointly and proudly sponsored with together, and get this bill to the Presi- legislation. And a prime author of this my Colleague Congressman BARTON. This dent. legislation, who has worked very dili- legislation represents a huge step in bringing I am proud to say that the Barton- gently, precisely on this issue, as well lower prices and more choices for cable serv- Rush-Upton-Pickering bill is gaining a as others, and the gentleman who I had ices, not only to my hard pressed constituents, lot of steam, a lot of momentum. This the privilege of coming to Congress but to the entire Nation. Specifically, this bill rule vote is very important. I would with, a classmate, Mr. RUSH of Illinois. would provide equitable competition amongst urge all my colleagues to support the I yield him 4 minutes. a variety of video service providers. Video rule, a fair rule. Let us get it done to Mr. RUSH. I want to thank the gen- service providers can compete in price, quality get the consumers some money in their tleman for yielding. Mr. Speaker, I am and quantity, and consumers can finally de- pockets. in kind of a difficult situation here. I cide which service provider they prefer. Spe- Ms. SLAUGHTER. We appreciate am a minority, I am a Democrat, I was cifically, this bill would create a nationwide ap- your getting to us, Mr. Speaker, and I raised in the civil rights movement, I proval process for pay-TV services. By yield 21⁄2 minutes to the gentlewoman live next door to a public housing resi- streamlining the archaic franchise system, from California (Ms. ESHOO). dence in the City of Chicago, and I am companies will be able to offer new TV serv- Ms. ESHOO. I thank the distin- a supporter of this rule. ices in many areas while protecting local inter- guished ranking member of the Rules Why am I a supporter of this rule? I ests. It would prohibit discrimination on the Committee. am a supporter of this rule because my basis of income and give the FCC the power My colleagues, this debate today and constituents want to get much-needed to impose stiff fines up to 500,000 a day or re- this rule on the bill is a debate about relief from the escalating and high cost voke a provider’s franchise area if there is will- the past or a pathway to the future. of cable television. I am amused and I ful or repeated violation of discrimination. The This bill, I can’t believe it, that in the am bemused by the comments of some bill also preserves net neutrality by allowing 21st century we are going to divide up of my colleagues from the party that I the FCC explicit power to go after companies the country on access to the haves and am a member of because they are talk- that violate network neutrality principles and the have-nots. ing about build out. They are talking lastly and more importantly H.R. 5252 creates All we have to do is to look at the about video services in my community, new jobs when video entrants make new in- history of cable, of the cable industry the community that I represent, that I vestments in advance network. in our country. They invested billions haven’t left, that I have been a part of. Mr. Speaker, I believe this is a fair rule it al- and billions of dollars to build out ev- Well, let me tell you about that com- lows for meaningful amendments by my erywhere, and the American people munity. That community has the high- Democratic colleagues. I respectfully urge my won, as did the cable industry. And I est viewership of cable television than colleagues to support this rule and the under- applaud that. So what does this bill do? any other demographic group in Amer- lying legislation. Ms. SLAUGHTER. Mr. Speaker, I It says, under the new rules, you build ica. We pay more for video services, for yield 2 minutes to the gentlewoman out, but you don’t have to build out ev- high premium packages than any other from California (Ms. SOLIS). erywhere. You don’t have to build out group in America. And why is that? Be- Ms. SOLIS. Mr. Speaker, I thank the everywhere. We know what will happen cause only on cable do we see people gentlewoman for allowing me this as a result of that. who look like us, speak like us, and time. And you know what is in the bill? If who understand us. That is why we pay Mr. Speaker, I rise in strong opposi- you live in a neighborhood where you more for cable. tion to the rule. While H.R. 5252, the are not going to have access to this, Let me just tell you, Mr. Speaker, we COPE Act, which I think is a cop-out guess what you can do, Mr. and Mrs. don’t need build out, we need build up act, contains a provision that purports America? You, on your own, can go to in my community; build up by allowing to prevent red lining, it is weak and it the FCC. Is that a joke or what? Al- minority entrepreneurs to get access to will prove to be ineffective. It does not though, it is more than a joke, it is an the telecommunication industry. And fully ensure that all communities, insult, and it is not the way to go. that is what this bill would do, and communities of color, regardless of Ever since I have come to the Con- that is what this rule will provide for. race, income, or national origin will gress, I have worked to expand and pro- We need build up and not build out. have the benefits of enhanced cable tect the Internet. So where are we This legislation represents a huge step competition. going with this bill? The big telcos are in lowering prices and creating more Last night, in Rules Committee, I of- coming in and saying, we have a better choices for cable services, not only to fered two amendments, with several of idea. On the information super- my hard-pressed constituents, but to my colleagues, including Ranking highway, we are going to have a toll the entire Nation. Member DINGELL and Congressman road and we are going to charge and Mr. Speaker, this is a good bill. This MARKEY, which would have strength- charge mightily on that. is a good rule. Of course, there were ened the weak antidiscrimination pro- Well, you know what, Members of amendments in the committee that visions in this bill. These amendments Congress? We all have cable in our dis- were voted down. I voted against a lot would establish incremental market- tricts. We all have telephone compa- of them, because the intention of those based service requirements for cable nies in our districts. But you know amendments was to gut the bill. And I providers so that they build out their what, there are tens of millions of cannot go back to my community, be- cable services to their entire franchise Internet users. So what this bill rep- cause I came here to represent my area, not skipping over poor commu- resents, unfortunately, is the reverse community. I came here to represent nities like mine in east Los Angeles gear. my community, no philosophy, no and in the San Gabriel Valley. That is not what America is about. party, my community, and that is what We are tired of what goes on, the red America is the best idea that was ever I am going to do. I am going to rep- lining. The proposed build out that born, and the Internet has been the im- resent my community, and my commu- they talk about that is going to be pro- primatur for hands off, for democra- nity wants this bill. They want lower vided in this bill is false. It is not

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JN7.036 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE H3516 CONGRESSIONAL RECORD — HOUSE June 8, 2006 there. In fact, the Bells did not want to ulation. That is an amendment that is I hope that the majority of the peo- see any language put in to that effect. a solution in search of a problem. I ple in this House will vote against this So I have to be very straight on this. would urge Members to vote against rule. This House of Representatives is In my community, yes, we want diver- that amendment, to vote for this rule, supposed to provide the American peo- sity, yes, we want to see more minority and vote for the bill. ple with a free, open and fair discussion ownership, yes, we want to see more Ms. SLAUGHTER. Mr. Speaker, I of the most critical issues that affect faces portrayed like mine in different yield 2 minutes to the gentlewoman them and this democratic Republic. aspects of the whole industry, but it is from California (Ms. WATSON). This rule does just the opposite. This not going to happen overnight, and it Ms. WATSON. Mr. Speaker, I rise in rule closes down the debate on one of is not going to happen with this bill. strong opposition to the rule for H.R. the most important issues before the In fact, the amendments we provided 5252, the COPE Act. ‘‘COPE’’ is the per- American public and before this Con- were strongly supported by over 30 con- fect name for this act because we will gress, and that is the free and open, sumer and civil rights advocacy organi- be coping for the results of this act for fair dissemination and discussion of in- zations, including the Leadership Con- decades to come. formation. ference on Civil Rights, the National My constituents have been coping What this legislation does is it cur- League of Cities, the U.S. Conference of with high cable prices for years now, tails the free, open and fair discussion Mayors, the National Association of and because this rule omits several key of information, even more so than we Counties, and the Consumers Union. amendments, many may be forced to have currently, and the situation that Despite this strong support, neither of cope with these high bills, inferior we have currently is bad enough. A these amendments were accepted by service, or lack of access for a long large part of that badness comes out of the Rules Committee that I proposed. time. the 1996 Telecommunications Act, The Rules Committee also didn’t ac- My colleagues and I offered amend- which the Republican Party pushed cept the Doyle-Dingell cities amend- ments we think will truly strengthen through this House of Representatives ment to protect and preserve the abil- the bill. We offered an amendment that back then. ity of our communities to oversee the would prevent telecom companies from Remarkably, there were 16 of us who enforcements of cable franchises. We picking and choosing the parts of com- voted against that bill. A lot more wish are going to lose money, folks. munities they wish to service. It would they had voted against it today, and The rule reported by the committee have required gradual market-based those people who vote for this rule and fails to address the serious concerns build-out to all areas so all constitu- vote for this bill, at some point in the raised by so many. I urge my col- ents will eventually be served in ex- future they will regret having done so leagues to oppose the rule. change for access to public rights-of- because what this rule does is close way. Unfortunately, because this down debate on a bill which closes b 1300 amendment was blocked, oversight down discussion of important issues be- Mr. LINCOLN DIAZ-BALART of would be left to Washington, D.C. fore the American public. Florida. Mr. Speaker, the Rules Com- The FCC’s oversight of local rights- Let me just give you a quote from mittee made in order three times as of-way does in no way serve our cities, the Supreme Court. Almost 60 years many Democrat or bipartisan amend- nor our constituents. They deserve a ago the Supreme Court declared: ‘‘The ments as Republican amendments. This local court of appeal that knows the widest possible dissemination of infor- is an extremely fair rule. community and therefore can make mation from diverse and antagonistic Mr. Speaker, I yield 2 minutes to the sound judgments that benefit all of our sources is essential to the welfare of gentleman from Ohio (Mr. GILLMOR). constituents. the public. A free press is a condition Mr. GILLMOR. Mr. Speaker, I thank Our other amendment strengthens of a free society.’’ the gentleman for yielding me this the antidiscrimination language nec- What do we have today? Today we time, and I commend Chairman BAR- essary to ensure that people of all have five companies that own the TON and Chairman Upton for the hard races, colors, religions, national ori- broadcast networks. They own 90 per- work they did on this bill. gins, or sex have a court of law to turn cent of the top 50 cable networks. They This bill is pro-consumer and -busi- to in the event they receive inferior ac- produce three-quarters of all prime- ness legislation. It represents a giant cess or no access to important telecom time programming, and they control 70 leap forward in our efforts to reform services. percent of the prime-time television the Nation’s telecommunications laws. This necessary safeguard protects all market. Bringing our laws up to date with cur- people, particularly those who have These same companies that own the rent technologies will remove many of historically been denied access to serv- Nation’s most popular newspapers and the current bureaucratic barriers that ices others take for granted. Because networks also own 85 percent of the top prevent consumers from having access this amendment was blocked, telecom 20 Internet news sites, and you are to the latest television and broadband companies can redline entire neighbor- going to close down the Internet even technologies. hoods, leaving minorities and others more with this legislation. Furthermore, this bill will have a behind. One-third of America’s independent significant impact on rural areas such I urge my colleagues to vote against TV stations have vanished. There has as mine by making more services avail- this rule. It does not offer an alter- been a 34 percent decline in the number able. This legislation represents native to a weak telecommunications of radio station owners since the 1996 months of hard work, and for con- bill that only protects fair services for Telecommunications Act passed. sumers it means two things: it means a few and not all. I want to say this to my dear friend more choices and lower prices, pure Mr. LINCOLN DIAZ-BALART of from Chicago for whom I have the and simple. Florida. Mr. Speaker, we are very greatest affection and affiliation: there Capitalizing on this opportunity now proud of the rule and we are very proud has also been a severe decline in the will ensure that Americans enter the of the underlying legislation, and I re- number of minority-owned broadcast Digital Age as soon as possible. serve the balance of my time. stations since the end of the 1990s. Mi- Much has been said about net neu- Ms. SLAUGHTER. Mr. Speaker, I norities now own little more than 1.5 trality, and there is a Markey amend- yield 31⁄2 minutes to the gentleman percent of U.S. television stations, and ment in order which is called ‘‘net neu- from New York (Mr. HINCHEY). they own 4 percent of the Nation’s AM trality.’’ That is a catchy phrase, but it (Mr. HINCHEY asked and was given and FM radio stations. is not descriptive. What it is is govern- permission to revise and extend his re- This bill now closes down the process ment regulation of the Internet. Now marks.) even more. It closes down the last free, you can call a pig a chicken, but it Mr. HINCHEY. Mr. Speaker, I thank open element of communication not doesn’t make it a chicken. It is still a the gentlewoman from New York, my controlled by big corporations in pig. You can call an amendment ‘‘net friend and colleague, for giving me this America. It closes down the Internet. neutrality’’ when it is government reg- time to discuss this rule and the bill It is going to make the Internet less ulation, and it is still government reg- that it controls. available to Americans. It is going to

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JN7.038 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE June 8, 2006 CONGRESSIONAL RECORD — HOUSE H3517 make communication through the property; but that is exactly what rule. Obviously every piece of legisla- Internet less available to Americans. America’s cities and towns do today. tion is brought forth for consideration And it is going to further stifle debate But the COPE Act sends any dispute by rule that sets the terms of the de- on the most important issues con- about those rights-of-way to the FCC. bate, how many amendments can be fronting our country just in the same That is such a fundamental change. made in order, how long they be can be way that this Republican rule stifles The COPE Act is so far from how it debated, et cetera. debate on this very important piece of works today, and our body needs to de- As I said before, a colleague of mine legislation. bate it. This rule should be voted down. on my side of the aisle said, why have Mr. LINCOLN DIAZ-BALART of If a city like Pittsburgh has an ordi- we made under this rule three times as Florida. Mr. Speaker, I yield myself nance that prohibits blocking rush- many Democrat or bipartisan amend- such time as I may consume. hour traffic on a major road, who is ments than Republican amendments? I Mr. Speaker, we are again very proud best to determine whether that ordi- said, because we want to be fair. It is of the rule that we have brought this nance is legal under the COPE Act? Is an important issue; want to make sure legislation forth under. A colleague on it somebody from the Pittsburgh area, that everybody gets a chance, that the my side of the aisle asked me why is it or is it a bureaucrat in Washington at key issues, the key issues have a you are making three times as many the FCC? chance to move forward in a fair way. Democrat or bipartisan amendments in Mr. Speaker, the COPE Act sends So we are being exceptionally fair. It is order as Republican amendments, and these disputes to the FCC. Why? We an exceptionally important issue. my rely was we want to be as fair as will never know. The leadership is There is finally going to be competi- possible. That is what we are doing afraid of a debate. They are afraid the tion for cable television in this coun- today. voices of cities and towns might actu- try. I don’t know about you, Mr. We are very proud of the process and ally win this amendment. Our body Speaker, but I have constituents the rule. We are very proud of the un- should debate this change of policy. through the years complain about their derlying legislation. It is extremely This rule should be voted down. lack of choice with regard to cable, the pro-consumer and is going to bring re- Today, local governments also en- fact that rates continue to rise. There lief to consumers, to our constituents force the franchise agreements they is no competition. There is no alter- throughout the country. have signed with cable operators. natives for consumers with regard to It is finally going to bring competi- These franchises include a wide range cable television. tion to the cable television process in of other matters. But guess what, the Finally, there is going to be, because this country. So it is very important COPE Act takes all other local dis- of this legislation. So it is an impor- legislation. It has been made possible putes that used to be resolved locally tant piece of legislation. That is why by hard work and study and persever- and it detours them to the FCC. This we wanted to be as fair as possible with ance by numerous Members. rule should be voted down. regard to the terms of debate. That is Mr. Speaker, I reserve the balance of The Doyle-Dingell cities amendment why we made three times as many my time. would have saved taxpayers money by amendments, Democrat or bipartisan Ms. SLAUGHTER. Mr. Speaker, I am allowing local governments to handle amendments in order than Republican pleased to yield the balance of my time these local problems first. It tapped amendments. to the gentleman from Pennsylvania into the infrastructure local govern- We have still heard complaints. Obvi- (Mr. DOYLE). ments already have in place to handle ously it is a free country. But Mr. Mr. DOYLE. Mr. Speaker, I rise these complaints. This rule should be Speaker, we are proud of the rule, today in strong opposition to today’s voted down. proud of the process, of the hard work rule for the COPE Act which blocked I want to thank my friends on the that has been put into this legislation, many important amendments, includ- other side of the aisle who expressed starting with Chairman BARTON, Mr. ing an amendment that was of great interest in the Doyle-Dingell amend- RUSH of Illinois, Mr. UPTON, so many concern to the people all of us rep- ment. I am sad that their interest in others, Mr. PICKERING, who have resent in this body. Each of us comes solving problems in a bipartisan man- worked so hard on this piece of legisla- from cities or towns, many of us were ner might have killed its chances from tion, and we bring it forth in a very elected to this body from county coun- being considered. fair process with a very fair rule. cils. Some of us were mayors. I have Mr. Speaker, the Doyle-Dingell Mr. BUYER. Mr. Speaker, as the tele- gotten a lot of calls from the cities I amendment was supported by the Na- communications industry takes leaps and represent, and I know my friends on tional League of Cities, the U.S. Con- bounds in pushing the innovation envelope, it both sides of the aisle have too, but the ference of Mayors, the National Asso- is almost impossible for the Federal Govern- leadership stands in the way of debat- ciation of Counties, and others. With- ment to keep pace. In fact, it is often times a ing the amendment that answers their out our amendment, the COPE Act will detriment for the Government to preemptively calls. create real problems for America’s cit- legislate on an issue before we can either de- This rule hangs up on cities and ies. Why should Congress detour dis- fine it or grasp its impact. What we can do is towns. This rule should be voted down. putes about how a city manages its to remove barriers to entry that currently exist, With the Doyle-Dingell cities amend- roads away from the local area? paving the way for new entrants to offer serv- ment ruled out of order, leadership has Since when does the FCC care about ices benefiting this Nation. told our cities, told our towns, told our the Pittsburgh public access channel? The legislation before us here today is a mayors, told our councilmen that lead- How fast will the FCC respond to Pitts- step in the direction of more choice and lower ership does not care about their con- burgh’s institutional network, the I- costs for American consumers. A national cerns. Even though TV revenues are a Net that a city relies on. cable franchise will streamline the current large part of municipal budgets, even process and allow faster entry into the market- though their citizens rely on public, b 1315 place for non-traditional cable providers pro- educational, and government channels Why should the FCC be the final arbi- viding real choice for all of our constituents. for information, even though local gov- ter over America’s streets? In my home State of Indiana, legislation was ernments have a lot to say, the leader- Why is Congress telling America’s enacted earlier this year, streamlining the ship has told local governments they local governments that they have to process by which cable providers could offer are shut out of this debate. This rule hire a Washington attorney to defend service. Already, investment is coming to the should be voted down. their roads? heartland—millions of dollars is being plugged There has been little debate about We will never know. We are not al- into our economy by companies laying fiber, the COPE Act and what it does to lowed to debate this bill. This rule offering different services, leading to more rights-of-way. Proponents say it pro- should be voted down. jobs in Indiana. Let’s also talk about the small- tects city streets. In reality, it only Mr. LINCOLN DIAZ-BALART of er companies in my district, and across Indi- goes halfway. It allows cities to man- Florida. Mr. Speaker, I think we have ana, who now are free from barriers to entry age their rights-of-way which include heard a good debate. I think the key, so they can begin to offer cable services to streets, sidewalks and other public first with regard to the process, the compete with larger companies.

VerDate Aug 31 2005 02:44 Jun 09, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\K08JN7.040 H08JNPT1 hmoore on PROD1PC68 with HMHOUSE H3518 CONGRESSIONAL RECORD — HOUSE June 8, 2006 Who is the winner in the end? Our constitu- you back in the Chair for I am not sure fore Hamas was elected to lead the Pal- ents, our economy, our innovators. I thank how many of the consecutive years estinian Authority. The subcommittee Chairman BARTON and Chairman UPTON for since I have been doing this bill that believes that humanitarian assistance their leadership on this issue. you have been there, but it feels very must continue to the Palestinian peo- Mr. LINCOLN DIAZ-BALART of good to have you back with us. ple, a view, I might add, that is shared Florida. Mr. Speaker, I yield back the Before I turn to the bill, let me just by the Israeli government and by the balance of my time, and I move the mention that this is the last appropria- administration. previous question on the resolution. tions bill that I will be bringing to the Such funding is not affected by this The previous question was ordered. floor, at least the last regular foreign bill. It does contain humanitarian pro The SPEAKER pro tempore (Mr. operations appropriations bill. democracy funding with restrictions BOOZMAN). The question is on the reso- As with nearly every other foreign and safeguards that have been included lution. operations bill over the last 6 years, in the past. The question was taken; and the this bill is a product of bipartisan co- For international health, the bill Speaker pro tempore announced that operation, something I could not have contains the President’s requested the ayes appeared to have it. done without the support and coopera- amount of $3.4 billion for the emer- Ms. SLAUGHTER. Mr. Speaker, on tion of my esteemed ranking member, gency plan for AIDS relief, and in- that I demand the yeas and nays. Mrs. LOWEY, or my vice chairman, Mr. crease of $751.6 million. Within this The yeas and nays were ordered. SHERWOOD and every member of the sum, we more than double the Presi- The SPEAKER pro tempore. Pursu- subcommittee. dent’s request for a contribution to the ant to clause 8 of rule XX, further pro- I am proud of this bill. I can honestly global fund to fight AIDS, tuberculosis ceedings on this question will be post- say it has probably been one of the and malaria, to attain last year’s level poned. more difficult ones that we have put of $444.5 million. f together. The bill before you totals At the same time, I am pleased that $21.3 billion. While this level is $597 the bill maintains last year’s funding GENERAL LEAVE million above the amount provided in levels for other health programs, in- Mr. KOLBE. Mr. Speaker, I ask unan- fiscal year 2006, not counting cluding an increase for malaria pro- imous consent that all Members may supplementals, it is fully $2.4 billion grams of $243 million. For several years have 5 legislative days in which to re- below the amount requested by the now the President’s budget request has vise and extend their remarks and in- President. In other words, by reducing included deep cuts to international clude extraneous material on H.R. 5522, the allocation by $2.4 billion, we have health programs. We have worked hard and that I may include tabular mate- freed up that amount for pressing do- to restore them to at least the level of rial on the same. mestic needs. the previous year. The SPEAKER pro tempore. Is there The bill includes increases for three In order to bring these accounts back objection to the request of the gen- priorities, the war on terror, the Mil- up, we have had to cut some other pro- tleman from Arizona? lennium Challenge Corporation, and grams that are also priority programs. There was no objection. international health spending, prior- We provide $2 billion for the Millen- f ities which lie at the core of the United nium Challenge Corporation, but that States interests abroad. For the war on is $1 billion below the request of the FOREIGN OPERATIONS, EXPORT terror, this bill includes $962.3 million President. It is $248 million above the FINANCING, AND RELATED PRO- for Afghanistan. This amount is $137 amount that we provided in 2006. GRAMS APPROPRIATIONS ACT, million below the President’s request, This is a difficult decision for me, but 2007 but $85 million over fiscal year 2006. I saw no way to move forward with a The SPEAKER pro tempore. Pursu- As with last year’s bill, this bill con- bill that gave the full amount that the ant to House Resolution 851 and rule tinues a provision that withholds $385 President asked for the Millennium XVIII, the Chair declares the House in million until the Afghan government, Challenge Corporation. My goal was the Committee of the Whole House on both at national and local levels, fully very simple, I wanted to send a clear the State of the Union for the consider- cooperates with our efforts against message that Congress supports the ation of the bill, H.R. 5522. narcotics production and trafficking. I MCCs innovative, accountable ap- b 1322 want to be clear that I appreciate the proach to help countries move away support of the government of Afghani- from reliance on donor funding. I think IN THE COMMITTEE OF THE WHOLE stan in the war on terror. However, a $248 million increase does send that Accordingly, the House resolved that government must take difficult very clear message, while it frees up itself into the Committee of the Whole but necessary measures to fight nar- funds above that level that enables us House on the State of the Union for the cotics production and trafficking, to bring before you today a bipartisan consideration of the bill (H.R. 5522) measures that it has so far been unwill- bill. making appropriations for foreign op- ing or unable to take. The bill contains two important in- erations, export financing, and related The bill also includes $521.9 million novations. First, it includes a Trade programs for the fiscal year ending for Iraq. While below the President’s Capacity Enhancement Fund which September 30, 2007, and for other pur- request, it represents a very large in- consolidates trade capacity funding poses, with Mr. THORNBERRY in the crease of $461 million over what we pro- from a variety of accounts. This new Chair. vided in fiscal year 2006. That is be- account includes $522 million, virtually The Clerk read the title of the bill. cause last year we required the admin- all of what is spent for trade capacity The CHAIRMAN. Pursuant to the istration to fund Iraq programs from by agencies and accounts that are rule, the bill is considered read the unexpended relief and reconstruction under the jurisdiction of this sub- first time. funds that were in the very original committee. And it is about half of the The gentleman from Arizona (Mr. supplemental appropriation. Now, how- $1.3 billion that is spent on a govern- KOLBE) and the gentlewoman from New ever, these funds are nearly all ex- ment-wide basis. York (Mrs. LOWEY) each will control 30 pended. Since we will now require a coherent minutes. This bill would normalize Iraq and strategy for the use of these funds, it is The Chair recognizes the gentleman Afghanistan assistance programs, mov- my hope and my belief that this new from Arizona. ing them away from emergency account will provide a strong incentive Mr. KOLBE. Mr. Chairman, I am supplementals that exceed budget lim- for countries to liberalize their trade pleased today to present to the House its. regimes. of Representatives H.R. 5522, the fiscal The bill contains no funding in the This bill would also restructure as- year 2007 appropriation bills for foreign economic support fund for West Bank sistance to Colombia, formerly pro- operations, export financing and re- and Gaza programs. Although the vided only through the Andean lated programs. And I might say, Mr. President’s requested $150 million for Counterdrug Initiative, or ACI. I want Chairman, that I am pleased to have this purpose, the request was made be- to be very clear about one point. This

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