Title V 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 approved two amendments to Title V at the April 26 mark up. First, it approved amendment [1 page in PDF] (No. 27) offered by Rep. Mike Ross (D-AR) that requires the FCC to write a "study of the interference potential of broadband over power line systems". This is the new Section 502.
 • The HCC also approved amendment [1 page in PDF] (No. 28) offered by Rep. Chip Pickering (R-MS) that clarifies that a broadband service provider cannot tie a broadband service offering to cable service, telecommunications service, or VOIP service. It adds the reference to VOIP service. It also adds a definition of VOIP service. The reference to "section 716(j)" refers back to language in Title III of the base bill. Subsection (j) is a definitional subsection of a VOIP section. In addition, the HCC staff will likely make a technical and conforming amendment to this. It will likely replace 716(j) with 716(l), due to the Stearns and Barton amendments to Title III.
 • 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 V—BROADBAND SERVICE

SEC. 501. STAND-ALONE BROADBAND SERVICE.

Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is further amended by adding after section 717 (as added by section 301 of this Act) the following new section:

SEC. 718. STAND-ALONE BROADBAND SERVICE.

(a) PROHIBITION.—A broadband service provider shall not require a subscriber, as a condition on the purchase of any broadband service the provider offers, to purchase any cable service or telecommunications service cable service, telecommunications service, or VOIP service offered by the provider.

(b) DEFINITIONS.—In this section:

(1) The term ‘broadband service’ means a two-way transmission service that connects to the Internet and transmits information at an average rate of at least 200 kilobits per second in at least one direction.

(2) The term ‘broadband service provider’ means a person or entity that controls, operates, or resells and controls any facility used to provide broadband service to the public, by whatever technology and whether provided for a fee, in exchange for an explicit benefit, or for free.

(3) The term ‘VOIP service’ has the meaning given such term by section 716(j).

Sec. 502. STUDY OF INTERFERENCE POTENTIAL OF BROADBAND OVER POWER LINE SYSTEMS.

Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall conduct, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a study of the interference potential of broadband over power line systems.