June 14, 1995 CONGRESSIONAL RECORD Ð SENATE S 8305 Forge; New Orleans; Mexico City; Get- sion, they have done so with a sense of sections (b) and (c) maintain this regu- tysburg; Havana; the Philippines; Ver- purpose, professionalism, and patriot- latory authority of local jurisdictions, dun; Bataan; North Africa; Monte Cas- ism. We are grateful for the sacrifices but subsection (d) preempts that au- sino; Normandy; Arnhem; the ``Bulge''; these individuals have made and the thority, and this is what is of vital con- Pusan; Seoul; the Ia Drang Valley; Gre- example they have set for future sol- cern to the cities, the counties and the nada, Panama; Kuwait, and, Iraq rep- diers. With a heritage as proud as the States. resent just a partial list of the places one established by our Nation's sol- Senator KEMPTHORNE and I have a where ordinary men brought distinc- diers over the past 220 years, we know simple amendment. That amendment, tion to themselves, the Army, and the that the U.S. Army will always remain quite simply stated, strikes the pre- United States by their actions. the finest fighting force that history emption and takes away the part of We must also not forget the many has ever known. this bill that takes away local govern- other campaigns and operations the f ment and State governments' jurisdic- Army has undertaken in its history, tion and authority over the rights-of- which have included: surveying the un- CONCLUSION OF MORNING way. charted west coast; protecting western BUSINESS We are very grateful to Senator GOR- settlers; guarding our borders; assist- The PRESIDING OFFICER. All time TON who has presented a substitute, ing in disaster relief; providing human- having expired, morning business is which will be voted on following our itarian aid to other nations; and con- now closed. amendment. However, we must, quite ducting medical research that benefits frankly, say this substitute is inad- f soldiers and civilians alike. There is equate. simply no question that the U.S. Army TELECOMMUNICATIONS COMPETI- Why is it inadequate? It is inad- has had a tremendous impact, in many TION AND DEREGULATION ACT equate because cities and counties will continue to face preemption if they different ways, on the history of our The PRESIDING OFFICER. Under Nation and the world. take actions which a cable operator as- the previous order, the Senate will now serts constitutes a barrier to entry and Soon we on the Senate Armed Serv- resume consideration of S. 652, which ices Committee will begin our mark up is prohibited under section (a) of the the clerk will report. bill. As city attorneys state, is a city of the fiscal year 1996 defense author- The bill clerk read as follows: ization budget, including the money insurance or bonding requirement a A bill (S. 652) to provide for a procom- barrier to entry? Is a city requirement needed to support the Army. Often our petitive, deregulatory national policy frame- focus is on what weapon systems we that a company pay fees prior to in- work designed to accelerate rapidly private stalling any facilities to cover the need to fund, how many new tanks, sector deployment of advanced telecommuni- field guns, or rifles we should purchase, cations and information technologies, and costs of reviewing plans and inspecting but our chief concern is always provid- services to all Americans by opening all tele- excavation work a barrier to entry? Is ing for the soldier. We work to ensure communications markets to competition, the city requirement that a company that the young E±3 has a quality of life and for other purposes. use a particular type of excavation that is not beneath him, and that the The Senate resumed consideration of equipment or a different and specific soldier who dedicated his or her career the bill. technique suited to certain local cir- to the Army and Nation is not forgot- Pending: cumstances to minimize the risk of ten. Each of us on the committee, and Feinstein/Kempthorne amendment No. major public health and safety hazards I am sure in the Senate as well, under- 1270, to strike the authority of the Federal a barrier to entry? Is a city require- stands that it is the peopleÐthe newest Communications Commission to preempt ment that a cable operator move a State or local regulations that establish bar- cable trunk line away from a public recruit and the most senior generalÐ riers to entry for interstate or intrastate who make up the Army and guarantee park or place cables underground rath- telecommunications services. er than overhead in order to protect the security and defense of the United Gorton amendment No. 1277 (to the lan- public health a barrier to entry? States. We may have an arsenal of guage proposed to be stricken by amendment These are, we contend, intensely smart bombs at our disposal, but it is No. 1270), to limit, rather than strike, the preemption language. local decisions which could be brought the soldier who must face and defeat before the FCC in Washington. The our enemies. Ensuring they have the The PRESIDING OFFICER. There Gorton substitute continues to permit best equipment, training, and quality will now be 20 minutes debate on the cable operators to challenge local gov- of life possible are our highest prior- Feinstein amendment No. 1270, to be ernment decisions before the FCC. ities. equally divided in the usual form, with Why is this objectionable to local ju- This investment in our men and the vote on or in relation to the risdictions? It is objectionable to local women in uniform pays a handsome amendment to follow immediately. jurisdictions because they believe if dividend beyond the security of the Mrs. FEINSTEIN addressed the they are a small city, for example, they United States. Countless numbers of Chair. would be faced with bringing a team people who have served in the Army The PRESIDING OFFICER. The Sen- back to Washington, going before a have gone on to hold important posi- ator from California. highly specialized telecommunications- tions in both the public and private Mrs. FEINSTEIN. Madam President, oriented Federal Communications sectors. Our first President, George the amendment that is the subject of Commission and plighting their troth. Washington, was a general in the discussion is one presented by Senator Then they would be forced to go to Army, as were Ulysses Grant, Zachary KEMPTHORNE and me. There is a section court in Washington, DC, rather than Taylor, and Dwight Eisenhower. Addi- in this bill entitled ``Removal of Entry Federal district court back where they tionally, many former soldiers have to Barriers.'' It is a section about live. gone on to serve in the Halls of Con- which the cities, the counties and the This constitutes a major financial gress. In the House, there are some 87 States are very concerned because it is impediment for small cities. For big individuals who served in the Army a section that giveth and a section that cities also, they would much prefer to and in the Senate, 27 of our colleagues taketh away. have the issue settled in their district have worn the Army green. I know that Why do I say that? I say it because in court rather than having to come back each of us is proud of our association section 254, the States and local gov- to Washington. with the Army and that we have been ernments are given certain authority The cable operators are big time in able to serve our Nation as both sol- to maintain their jurisdiction and their this country. They maintain Washing- diers and statesmen. control over what are called rights-of- ton offices, they maintain special staff, Madam President, over the past 220 way. they maintain a bevy of skilled tele- years, more than 42 million of our fel- Rights-of-way are streets and roads communications attorneys. Cities do low citizens have raised their right under which cable television companies not. Cities have a city attorney, period. hand and sworn to defend our Nation as put lines. How they do it, where they It is a very different subject. soldiers. In each instance we have do it and with what they do it is all a Suppose a city makes a determina- asked our soldiers to carry out a mis- matter for local jurisdiction. Both sub- tion in the case that they wish to have S 8306 CONGRESSIONAL RECORD Ð SENATE June 14, 1995 wiring done evenly throughout their be only one telephone company in its central entity to make these decisions, cityÐI know, and I said this on the jurisdiction or one cable television pro- subject to judicial review when they floor before, when I was mayor, the vider in its jurisdiction, no national or- have to do with whether or not there is local cable operator wanted only to ganization, no Federal Communica- going to be competition, when they wire the affluent areas of our city. tions Commission will have the right have to do with the nature of universal We wanted some of the less affluent to preempt and to frustrate that mo- service, when they have to do with the areas wired; we demanded it, and we nopolistic purpose. It will have to be quality of telecommunications service were able to achieve it. Is this a barrier done in a local district court. And then or the protection of consumers, but be- to entry? Could the cable company if another community in another part lieve that local government should re- then appeal this and bring it back to of the country does the same thing, tain their traditional local control over Washington, meaning that a bevy of at- that will be decided in that district their rights of way, should vote against torneys would have to come back, ap- court.