Title IV of the "Communications Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act, as amended by the House Commerce Committee (HCC) on April 26, 2006.

Editor's Notes:
 • Language approved by amendment on April 26 is shown in red.
 • Language deleted by amendment on April 26 is shown in strike through.
 • The HCC approve one amendment [1 page in PDF] (No. 24) offered by Rep. Steve Buyer (R-IN) that requires the FCC to write a report within one year "on the status of the provision of telecommunications service, information service, and cable service by States and political subdivisions thereof."
 • See also, story titled "Amendment by Amendment Summary of Full Committee Mark Up of COPE Act" in TLJ Daily E-Mail Alert No. 1360, April 28, 2006.

TITLE IV—MUNICIPAL PROVISION OF SERVICES

SEC. 401. GOVERNMENT AUTHORITY TO PROVIDE SERVICES.

(a) IN GENERAL.—Neither the Communications Act of 1934 nor any State statute, regulation, or other State legal requirement may prohibit or have the effect of prohibiting any public provider of telecommunications service, information service, or cable service (as such terms are defined in sections 3 and 602 of such Act) from providing such services to any person or entity.

(b) COMPETITION NEUTRALITY.—Any State or political subdivision thereof, or any agency, authority, or instrumentality of a State or political subdivision thereof, that is, owns, controls, or is otherwise affiliated with a public provider of telecommunications service, information service, or cable service shall not grant any preference or advantage to any such provider. Such entity shall apply its ordinances, rules, and policies, including those relating to the use of public rights-of-way, permitting, performance bonding, and reporting without discrimination in favor of any such provider as compared to other providers of such services.

(c) COMPLIANCE WITH OTHER LAWS NOT AFFECTED.—Nothing in this section shall exempt a public provider from any law or regulation that applies to providers of telecommunications service, information service, or cable service.

(d) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Federal Communications Commission shall submit to the Congress a report on the status of the provision of telecommunications service, information service, and cable service by States and political subdivisions thereof.

(d) (e) DEFINITION OF PUBLIC PROVIDER.—For purposes of this section, the term ‘‘public provider’’ means a State or political subdivision thereof, or any agency, authority, or instrumentality of a State or political subdivision thereof, that provides telecommunications service, information service, or cable service, or any entity that is owned, controlled, or is otherwise affiliated with such State or political subdivision thereof, or agency, authority, or instrumentality of a State or political subdivision thereof.