article: SECTION 1. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) Billing practices by telecommunications carriers may not reflect accurately the cost or basis of the additional telecommunications services and benefits that consumers receive as a result of the enactment of the Telecommunications Act of 1996 (Public Law 104-104) and other Federal regulatory actions taken since the enactment of that Act. (2) Congress has never enacted a law with the intent of permitting providers of telecommunications services to misrepresent to customers the costs of providing services or the services provided. (3) Certain providers of telecommunications services have established new, specific charges on customer bills commonly known as ``line-item charges''. (4) Certain providers of telecommunications services have described such charges as ``Federal Universal Service Fees'' or similar fees. (5) Such charges have generated significant confusion among customers regarding the nature of and scope of universal service and of the fees associated with universal service. (6) The State of New York is considering action to protect consumers by requiring telecommunications carriers to disclose fully in the bills of all classes of customers the fee increases and fee reductions resulting from the enactment of the Telecommunications Act of 1996 and other regulatory actions taken since the enactment of that Act. (7) The National Association of Regulatory Utility Commissioners adopted a resolution in February 1998 supporting action by the Federal Communications Commission to require interstate carriers to provide accurate customer notice regarding the implementation and purpose of end user charges. (b) Purpose.--It is the purpose of this Act to require the Federal Communications Commission and the Federal Trade Commission to protect consumers of telecommunications services by assuring accurate cost reporting and billing practices by telecommunications carriers nationwide. SEC. 2. INVESTIGATION OF TELECOMMUNICATIONS CARRIERS BILLING PRACTICES. (a) Investigation.-- (1) Requirement.--The Federal Communications Commission and the Federal Trade Commission shall jointly conduct an investigation of the billing practices of telecommunications carriers. (2) Purpose.--The purpose of the investigation is to determine whether the bills sent by carriers to their customers accurately assess and correctly characterize any additional fees paid by such customers for telecommunications services as a result of the enactment of the Telecommunications Act of 1996 (Public Law 104-104) and other Federal regulatory actions taken since the enactment of that Act. (b) Determinations.--In carrying out the investigation under subsection (a), the Federal Communications Commission and the Federal Trade Commission shall determine the following: (1) The amount, if any, of additional fees imposed by telecommunications carriers on their customers as a result of the requirements of the Telecommunications Act of 1996 (including the amendments made by that Act) and other Federal regulatory actions taken since the enactment of that Act during the period beginning on June 30, 1997, and ending on the date of enactment of that Act. (2) In the event that additional fees described in paragraph (1) are being imposed, the following: (A) Whether the amount of such fees accurately reflect-- (i) the additional costs to carriers as a result of the enactment of that Act (including the amendments made by that Act) and other Federal regulatory actions taken since the enactment of that Act; and (ii) any reductions in costs, or other financial benefits, to carriers as a result of the enactment of that Act (including such amendments) and other Federal regulatory actions taken since the enactment of that Act. (B) Whether the bills that impose such fees characterize correctly the nature and basis of such fees. (c) Review of Records.-- (1) Authority.--For purposes of the investigation under subsection (a), the Federal Communications Commission and the Federal Trade Commission may obtain from any telecommunications carrier any record of the carrier that is relevant to the investigation. (2) Use.--The Federal Communications Commission and the Federal Trade Commission may use records obtained under this subsection only for purposes of the investigation. (d) Disciplinary Actions.-- (1) In general.--In the event that the Federal Communications Commission or the Federal Trade Commission determine as a result of the investigation under subsection (a) that the bills sent by a telecommunications carrier to its customers does not accurately assess or correctly characterize any fee addressed in the investigation, the Federal Communications Commission or the Federal Trade Commission, as the case may be, shall take such actions against the carrier as such Commission is authorized to take under law. (2) Additional actions.--If the Federal Communications Commission or the Federal Trade Commission determines that such Commission does not have adequate authority under law to take appropriate actions under paragraph (1), the Federal Communications Commission and the Federal Trade Commission shall notify Congress of that determination in the report under subsection (e). (e) Report.--Not later than 45 days after the date of enactment of this Act, the Federal Communications Commission and the Federal Trade Commission shall jointly submit to Congress a report on the results of the investigation under subsection (a). The report shall include the determination, if any, of either Commission under subsection (d)(2) and any recommendations for further legislative action that the Commissions consider appropriate. SEC. 3. REQUIREMENTS FOR TELECOMMUNICATIONS CARRIERS IMPOSING CERTAIN FEES FOR SERVICES. (a) Requirements.--Any telecommunications carrier that includes on any of the bills sent to its customers a charge described in subsection (b) shall-- (1) specify in the bill imposing such charge any reduction in charges or fees allocable to all classes of customers (including customers of residential basic service, customers of other residential services, small business customers, and other business customers) by reason of any regulatory action of the Federal Government; and (2) submit to the Federal Communications Commission the reports required to be submitted by the carrier to the Securities and Exchange Commission under sections 13(a) and 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)). (b) Covered Charges.--Subsection (a) applies in the case of the following charges: (1) Any specific charge included after June 30, 1997, if the imposition of the charge is attributed to a regulatory action of the Federal Government. (2) Any specific charge included before that date if the description of the charge is changed after that date to attribute the imposition of the charge to a regulatory action of the Federal Government.
summary: Directs the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to jointly conduct an investigation of the billing practices of telecommunications carriers (carriers) to determine whether bills sent to customers accurately assess and characterize any additional fees paid by customers for telecommunications services as a result of the enactment of the Telecommunications Act of 1996. Requires access to carrier records relevant to such investigation. Directs either the FCC or FTC to take appropriate disciplinary actions against carriers whose customer bills inaccurately assess and characterize such fees. Requires a joint report to the Congress on investigation results. Requires carriers that include on customer bills a charge or charges attributed to Federal regulatory actions to: (1) specify in such bill any reduction in charges or fees allocable to all classes of customers by reason of such regulatory actions; and (2) submit to the FCC certain disclosure reports required to be submitted by such carriers to the Securities and Exchange Commission under the Securities Exchange Act of 1934.