HR 4412, the "Clarification of Antitrust Remedies in Telecommunications Act of 2004".
Date Introduced: May 20, 2004.
Sponsors: Rep. James Sensenbrenner (R-WI) and Rep. John Conyers (D-MI).
Source: House Judiciary Committee.

IN THE HOUSE OF REPRESENTATIVES

Mr. SENSENBRENNER introduced the following bill; which was referred to the Committee on __________

A BILL

To amend the Clayton Act to clarify the application of the antitrust laws in the telecommunications industry.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Clarification of Antitrust Remedies in Telecommunications Act of 2004’’.

SEC. 2. AMENDMENT.

The Clayton Act (15 U.S.C. 12 et seq.) is amended by inserting after section 3 the following:

‘‘SEC. 3A. (a) It shall be unlawful for an incumbent local exchange carrier or an affiliate to create or to preserve (or to attempt to create or to preserve) a monopoly in any part of commerce by using its network (or by providing a service over its network) to engage in an anti-competitive practice (which may include a failure to comply with either section 251(c) or 271 of the Communications Act of 1934 or with any agreement, rule, or order in effect under such section).

‘‘(b) For purposes of this section—

‘‘(1) the term ‘affiliate’ has the meaning given such term in section 274(i) of the Communications Act of 1934; and

‘‘(2) the term ‘incumbent local exchange carrier’ means a Bell operating company as defined in section 274(i) of the Communications Act of 1934.

‘‘(c) Whether any agency regulates or is authorized to consider, review, or redress the conduct proscribed by this section shall not affect the applicability of this section, except that conduct required by an agency regulation or rule shall not be construed to create liability under this section.’’.

SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT.

(a) EFFECTIVE DATE.—Except as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act.

(b) APPLICATION OF AMENDMENT.—Subsection (a) of section 3A of the Clayton Act, as added by this Act, shall not apply with respect to a person’s conduct occurring before the effective date of this Act.