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regulation of interstate and foreign communication by wire or radio, and for other purposes.  V-   xBe it enacted by the Senate and House of Representatives of the United States of America  V -in Congress assembled,  s KT #u\  P P#  s K TITLE IGENERAL PROVISIONS#Z\  P58P#  XD -T#XN\  P XP#P  xSEC. 1. [47 U.S.C. 151] PURPOSES OF ACT, CREATION OF FEDERAL COMMUNICATIONS COMMISSION.  X-  l xFor the purpose of regulating interstate and foreign commerce in communication by wire  xand radio so as to make available, so far as possible, to all the people of the United States,  xwithout discrimination on the basis of race, color, religion, national origin, or sex, a rapid,  xMefficient, Nationwide, and worldwide wire and radio communication service with adequate  xfacilities at reasonable charges, for the purpose of the national defense, for the purpose of  xpromoting safety of life and property through the use of wire and radio communication, and for  xthe purpose of securing a more effective execution of this policy by centralizing authority  xheretofore granted by law to several agencies and by granting additional authority with respect  xto interstate and foreign commerce in wire and radio communication, there is hereby created a  xcommission to be known as the ''Federal Communications Commission,'' which shall be  xjconstituted as hereinafter provided, and which shall execute and enforce the provisions of this Act.  X- SEC. 2. [47 U.S.C. 152] APPLICATION OF ACT.  X-   x(a) The provisions of this act shall apply to all interstate and foreign communication by  xwire or radio and all interstate and foreign transmission of energy by radio, which originates  xand/or is received within the United States, and to all persons engaged within the United States  xin such communication or such transmission of energy by radio, and to the licensing and  xregulating of all radio stations as hereinafter provided; but it shall not apply to persons engaged  xin wire or radio communication or transmission in the Canal Zone, or to wire or radio  xLcommunication or transmission wholly within the Canal Zone. The provisions of this Act shall  xapply with respect to cable service, to all persons engaged within the United States in providing  xsuch service, and to the facilities of cable operators which relate to such service, as provided in title VI.   x(b) Except as provided in sections 223 through 227, inclusive, and section 332, and"%\+|'|'{{$"  xsubject to the provisions of section 301 and title VI, nothing in this Act shall be construed to  xZapply or to give the Commission jurisdiction with respect to (1) charges, classifications, practices,"\&\+|'|'{{b%"  xyservices, facilities, or regulations for or in connection with intrastate communication service by  xzwire or radio of any carrier, or (2) any carrier engaged in interstate or foreign communication  xsolely through physical connection with the facilities of another carrier not directly or indirectly  x[controlling or controlled by, or under direct or indirect common control with such carrier, or (3)  xany carrier engaged in interstate or foreign communication solely through connection by radio,  xor by wire and radio, with facilities, located in an adjoining State or in Canada or Mexico (where  xthey adjoin the State in which the carrier is doing business), of another carrier not directly or  x\indirectly controlling or controlled by, or under direct or indirect common control with such  xcarrier, or (4) any carrier to which clause (2) or clause (3) would be applicable except for  x\furnishing interstate mobile radio communication service or radio communication service to  x.mobile stations on land vehicles in Canada or Mexico; except that sections 201 through 205 of  xthis Act, both inclusive, shall, except as otherwise provided therein, apply to carriers described in clauses (2), (3), and (4).  X - SEC. 3. [47 U.S.C. 153] DEFINITIONS.  X - xFor the purposes of this Act, unless the context otherwise requires  X- ` Xx` ` (1) Affiliate.The term ''affiliate'' means a person that (directly or indirectly)   owns or controls, is owned or controlled by, or is under common ownership or control   with, another person. For purposes of this paragraph, the term ''own'' means to own an equity interest (or the equivalent thereof) of more than 10 percent.(#  X4- ` Xx` ` (2) Amateur station.The term ''amateur station'' means a radio station   operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.(#  X- ` %Xx` ` (3) AT&T consent decree.The term ''AT&T Consent Decree'' means the   order entered August 24, 1982, in the antitrust action styled United States v. Western   Electric, Civil Action No. 820192, in the United States District Court for the District of   NColumbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982.(#  X|-Xx` ` (4) Bell operating company.The term ''Bell operating company''(#  p5XxX` `  (A) means any of the following companies: Bell Telephone Company of  ` Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company,  ` Incorporated, Michigan Bell Telephone Company, New England Telephone and  ` 2Telegraph Company, New Jersey Bell Telephone Company, New York Telephone  ` `Company, U S West Communications Company, South Central Bell Telephone  ` Company, Southern Bell Telephone and Telegraph Company, Southwestern Bell  ` Telephone Company, The Bell Telephone Company of Pennsylvania, The  ` `Chesapeake and Potomac Telephone Company, The Chesapeake and Potomac  ` Telephone Company of Maryland, The Chesapeake and Potomac Telephone  ` }Company of Virginia, The Chesapeake and Potomac Telephone Company of West  ` Virginia, The Diamond State Telephone Company, The Ohio Bell Telephone  ` Company, The Pacific Telephone and Telegraph Company, or Wisconsin Telephone Company; and(#`  pXxX` `  (B) includes any successor or assign of any such company that provides":&\+|'|'{{$" wireline telephone exchange service; but(#`  p'XxX` `  (C) does not include an affiliate of any such company, other than an affiliate described in subparagraph (A) or (B).(#`  X- ` `Xx` ` (5) Broadcast station.The term ''broadcast station,'' ''broadcasting station,''   or ''radio broadcast station'' means a radio station equipped to engage in broadcasting as herein defined.(#  Xv- ` BXx` ` (6) Broadcasting.The term ''broadcasting'' means the dissemination of radio   lcommunications intended to be received by the public, directly or by the intermediary of relay stations.(#  X1- ` $Xx` ` (7) Cable service.The term ''cable service'' has the meaning given such term in section 602.(#  X - ` Xx` ` (8) Cable system.The term ''cable system'' has the meaning given such term in section 602.(#  X - ` 3Xx` ` (9) Chain broadcasting.The term ''chain broadcasting'' means simultaneous broadcasting of an identical program by two or more connected stations.(#  X - ` Xx` ` (10) Common carrier.The term ''common carrier'' or ''carrier'' means any   person engaged as a common carrier for hire, in interstate or foreign communication by   Awire or radio or in interstate or foreign radio transmission of energy, except where   reference is made to common carriers not subject to this Act; but a person engaged in   radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.(#  X- ` qXx` ` (11) Connecting carrier.The term ''connecting carrier'' means a carrier described in clauses (2), (3), or (4) of section 2(b).(#  X- ` Xx` ` (12) Construction permit.The term ''construction permit'' or ''permit for   construction'' means that instrument of authorization required by this Act or the rules and   regulations of the Commission made pursuant to this Act for the construction of a station,   or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.(#  X|- ` Xx` ` (13) Corporation.The term ''corporation'' includes any corporation, jointstock company, or association.(#  XN- ` Xx` ` (14) Customer premises equipment.The term ''customer premises equipment''   means equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications.(#  X - ` Xx` ` (15) Dialing parity.The term ''dialing parity'' means that a person that is not   an affiliate of a local exchange carrier is able to provide telecommunications services in   Nsuch a manner that customers have the ability to route automatically, without the use of   any access code, their telecommunications to the telecommunications services provider of   the customer's designation from among 2 or more telecommunications services providers (including such local exchange carrier).(#  X#- ` Xx` ` (16) Exchange access.The term ''exchange access'' means the offering of   access to telephone exchange services or facilities for the purpose of the origination or termination of telephone toll services. (#  X:&- ` Xx` ` (17) Foreign communication.The term ''foreign communication'' or ''foreign":&\+|'|'{{$"   transmission'' means communication or transmission from or to any place in the United   States to or from a foreign country, or between a station in the United States and a mobile station located outside the United States.(#  X- ` Xx` ` (18) Great lakes agreement.The term ''Great Lakes Agreement'' means the   Agreement for the Promotion of Safety on the Great Lakes by Means of Radio in force and the regulations referred to therein.(#  Xv- ` QXx` ` (19) Harbor.The term ''harbor'' or ''port'' means any place to which ships may   resort for shelter or to load or unload passengers or goods, or to obtain fuel, water, or   supplies. This term shall apply to such places whether proclaimed public or not and whether natural or artifical.(#  X - ` $Xx` ` (20) Information service.The term ''information service'' means the offering   |of a capability for generating, acquiring, storing, transforming, processing, retrieving,   utilizing, or making available information via telecommunications, and includes electronic   ^publishing, but does not include any use of any such capability for the management,   control, or operation of a telecommunications system or the management of a telecommunications service.(#  X- ` tXx` ` (21) Interlata service.The term ''interLATA service'' means   telecommunications between a point located in a local access and transport area and a point located outside such area.(#  XK- ` Xx` ` (22) Interstate communication.The term ''interstate communication'' or   ''interstate transmission'' means communication or transmission (A) from any State,   NTerritory, or possession of the United States (other than the Canal Zone), or the District   of Columbia, to any other State, Territory, or possession of the United States (other than   the Canal Zone), or the District of Columbia, (B) from or to the United States to or from   the Canal Zone, insofar as such communication or transmission takes place within the   United States, or (C) between points within the United States but through a foreign   mcountry; but shall not, with respect to the provisions of title II of this Act (other than   msection 223 thereof), include wire or radio communication between points in the same   ?State, Territory, or possession of the United States, or the District of Columbia, through any place outside thereof, if such communication is regulated by a State commission.(#  XN- ` Xx` ` (23) Land station.The term ''land station'' means a station, other than a mobile station, used for radio communication with mobile stations.(#  X - ` Xx` ` (24) Licensee.The term ''licensee'' means the holder of a radio station license granted or continued in force under authority of this Act.(#  X- ` Xx` ` (25) Local access and transport area.The term ''local access and transport area'' or ''LATA'' means a contiguous geographic area(#  pXxX` `  (A) established before the date of enactment of the Telecommunications  ` $Act of 1996 by a Bell operating company such that no exchange area includes  ` #points within more than 1 metropolitan statistical area, consolidated metropolitan  ` statistical area, or State, except as expressly permitted under the AT&T Consent Decree; or(#`  pDXxX` `  (B) established or modified by a Bell operating company after such date of enactment and approved by the Commission.(#` ":&\+|'|'{{$"Ԍ X- ` Xx` ` (26) Local exchange carrier.The term ''local exchange carrier'' means any   >person that is engaged in the provision of telephone exchange service or exchange access.   NSuch term does not include a person insofar as such person is engaged in the provision   of a commercial mobile service under section 332(c), except to the extent that the Commission finds that such service should be included in the definition of such term.(#  X- ` BXx` ` (27) Mobile service.The term ''mobile service'' means a radio communication   ]service carried on between mobile stations or receivers and land stations, and by mobile   stations communicating among themselves, and includes (A) both oneway and twoway   radio communication services, (B) a mobile service which provides a regularly interacting   group of base, mobile, portable, and associated control and relay stations (whether   {licensed on an individual, cooperative, or multiple basis) for private oneway or twoway   land mobile radio communications by eligible users over designated areas of operation,   Nand (C) any service for which a license is required in a personal communications service   ]established pursuant to the proceeding entitled ''Amendment to the Commission's Rules   to Establish New Personal Communications Services'' (GEN Docket No. 90314; ET Docket No. 92100), or any successor proceeding.(#  X- ` `Xx` ` (28) Mobile station.The term ''mobile station'' means a radiocommunication station capable of being moved and which ordinarily does move.(#  Xb- ` SXx` ` (29) Network element.The term ''network element'' means a facility or   equipment used in the provision of a telecommunications service. Such term also includes   _features, functions, and capabilities that are provided by means of such facility or   equipment, including subscriber numbers, databases, signaling systems, and information   sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service.(#  X- ` $Xx` ` (30) Number portability.The term ''number portability'' means the ability of   users of telecommunications services to retain, at the same location, existing   telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another.(#  X|- ` $Xx` ` (31)(A) Operator.The term ''operator'' on a ship of the United States means,   for the purpose of parts II and III of title III of this Act, a person holding a radio operator's license of the proper class as prescribed and issued by the Commission.(#  ` Xx` ` (B) ''Operator'' on a foreign ship means, for the purpose of part II of title III of   this Act, a person holding a certificate as such of the proper class complying with the   provision of the radio regulations annexed to the International Telecommunication   Convention in force, or complyng with an agreement or treaty between the United States and the country in which the ship is registered.(#  X - ` Xx` ` (32) Person.The term ''person'' includes an individual, partnership, association, jointstock company, trust, or corporation.(#  X"- ` Xx` ` (33) Radio communication.The term ''radio communication'' or   1''communication by radio'' means the transmission by radio of writing, signs, signals,   pictures, and sounds of all kinds, including all instrumentalities, facilities, apparatus, and   services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.(#":&\+|'|'{{$"Ԍ X- ` $Xx` ` (34)(A) Radio officer.The term ''radio officer'' on a ship of the United States   means, for the purpose of part II of title III of this Act, a person holding at least a first   Aor second clase radiotelegraph operator's license as prescribed and issued by the   NCommission. When such person is employed to operate a radiotelegraph station aboard   _a ship of the United States, he is also required to be licensed as a ''radio officer'' in accordance with the Act of May 12, 1948 (46 U.S.C. 229ah).(#  ` BXx` ` (B) ''Radio officer'' on a foreign ship means, for the purpose of part II of title III   Oof this Act, a person holding at least a first or second class radiotelegraph operator's   certificate complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force.(#  X - ` Xx` ` (35) Radio station.The term ''radio station'' or ''station'' means a station equipped to engage in radio communication or radio transmission of energy.(#  X - ` Xx` ` (36) Radiotelegraph auto alarm.The term ''radiotelegraph auto alarm'' on   a ship of the United States subject to the provisions of part II of title III of this Act means   an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal   ^and has been approved by the Commission. ''Radiotelegraph auto alarm'' on a foreign   ship means an automatic alarm receiving apparatus which responds to the radiotelegraph   lalarm signal and has been approved by the government of the country in which the ship   }is registered : Provide, That the United States and the country in which the ship is   nregistered are parties to the same treaty, convention, or agreement prescribing the   requirements for such apparatus. Nothing in this Act or in any other provision of law shall   {be construed to require the recognition of a radiotelegraph auto alarm as complying with   ?part II of title III of this Act, on a foreign ship subject to such part, where the country in   which the ship is registered and the United States are not parties to the same treaty, convention, or agreements prescribing the requirements for such apparatus.(#  X- ` Xx` ` (37) Rural telephone company.The term ''rural telephone company'' means a local exchange carrier operating entity to the extent that such entity(#  pSXxX` `  (A) provides common carrier service to any local exchange carrier study area that does not include either(#`  tXxX` ` X (i) any incorporated place of 10,000 inhabitants or more, or any  ppart thereof, based on the most recently available population statistics of the Bureau of the Census; or(#  XxX` ` X (ii) any territory, incorporated or unincorporated, included in an  purbanized area, as defined by the Bureau of the Census as of August 10, 1993;(#   pSXxX` `  (B) provides telephone exchange service, including exchange access, to fewer than 50,000 access lines; (#`  pXxX` `  (C) provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or(#`  pXxX` `  (D) has less than 15 percent of its access lines in communities of more than 50,000 on the date of enactment of the Telecommunications Act of 1996.(#`  XQ%- ` Xx` ` (38) Safety convention.The term ''safety convention'' means the International Convention for the Safety of Life at Sea in force and the regulations referred to therein.(#":&\+|'|'{{$"Ԍ X- ` Xx` ` (39)(A) Ship.The term ''ship'' or ''vessel'' includes every description of   watercraft or other artificial contrivance, except aircraft, used or capable of being used as a means of transportation on water, whether or not it is actually afloat.(#  ` aXx` ` (B) A ship shall be considered a passenger ship if it carries or is licensed or certificated to carry more than twelve passengers.(# Xx` ` (C) A cargo ship means any ship not a passenger ship.(#  ` 3Xx` ` (D) A passenger is any person carried on board a ship or vessel except (1) the   !officers and crew actually employed to man and operate the ship, (2) persons employed   to carry on the business of the ship, and (3) persons on board a ship when they are   carried, either because of the obligation laid upon the master to carry shipwrecked,   distressed, or other persons in like or similar situations or by reason of any circumstance over which neither the master, the owner, nor the charterer (if any) has control.(# Xx` ` (E) ''Nuclear ship'' means a ship provided with a nuclear powerplant.(#  X - ` Xx` ` (40) State.The term ''State'' includes the District of Columbia and the Territories and possessions.(#  X - ` $Xx` ` (41) State commission.The term ''State commission'' means the commission,   board, or official (by whatever name designated) which under the laws of any State has regulatory jurisdiction with respect to intrastate operations of carriers.(#  Xb- ` 4Xx` ` (42) Station license.The term ''station license,'' ''radio station license,'' or   O''license'' means that instrument of authorization required by this Act or the rules and   Oregulations of the Commission made pursuant to this Act, for the use or operation of   apparatus for transmission of energy, or communications, or signals by radio by whatever name the instrument may be designated by the Commission.(#  X- ` Xx` ` (43) Telecommunications.The term ''telecommunications'' means the   transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.(#  X- ` pXx` ` (44) Telecommunications carrier.The term ''telecommunications carrier''   means any provider of telecommunications services, except that such term does not   include aggregators of telecommunications services (as defined in section 226). A   telecommunications carrier shall be treated as a common carrier under this Act only to the   }extent that it is engaged in providing telecommunications services, except that the   Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage.(#  X - ` Xx` ` (45) Telecommunications equipment.The term ''telecommunications   equipment'' means equipment, other than customer premises equipment, used by a carrier   to provide telecommunications services, and includes software integral to such equipment (including upgrades).(#  X!- ` Xx` ` (46) Telecommunications service.The term ''telecommunications service''   means the offering of telecommunications for a fee directly to the public, or to such   1classes of users as to be effectively available directly to the public, regardless of the facilities used.(#  XQ%- ` pXx` ` (47) Telephone exchange service.The term ''telephone exchange service''   >means (A) service within a telephone exchange, or within a connected system of telephone":&\+|'|'{{$"   exchanges within the same exchange area operated to furnish to subscribers    intercommunicating service of the character ordinarily furnished by a single exchange, and   |which is covered by the exchange service charge, or (B) comparable service provided   through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a telecommunications service.(#  X- ` Xx` ` (48) Telephone toll service.The term ''telephone toll service'' means   ltelephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service.(#  XH- ` 3Xx` ` (49) Transmission of energy by radio.The term ''transmission of energy by   radio'' or ''radio transmission of energy'' includes both such transmission and all instrumentalities, facilities, and services incidental to such transmission.(#  X - ` Xx` ` (50) United states.The term ''United States'' means the several States and   ?Territories, the District of Columbia, and the possessions of the United States, but does not include the Canal Zone.(#  X - ` eXx` ` (51) Wire communication.The term ''wire communication'' or   ]''communication by wire'' means the transmission of writing, signs, signals, pictures, and   sounds of all kinds by aid of wire, cable, or other like connection between the points of   origin and reception of such transmission, including all instrumentalities, facilities,   Oapparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.(#  X- SEC. 4. [47 U.S.C. 154] PROVISIONS RELATING TO THE COMMISSION.  X-  4 x(a) The Federal Communications Commission (in this Act referred to as the  x''Commission'') shall be composed of five Commissioners appointed by the President, by and  x{with the advice and consent of the Senate, one of whom the President shall designate as chairman. x(b)(1) Each member of the Commission shall be a citizen of the United States. x(2)(A) No member of the Commission or person employed by the Commission shall  ` Xx` ` (i) be financially interested in any company or other entity engaged in the   !manufacture or sale of telecommunications equipment which is subject to regulation by the Commission;(#  ` Xx` ` (ii) be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum;(#  ` Xx` ` (iii) be financially interested in any company or other entity which controls any   company or other entity specified in clause (i) or clause (ii), or which derives a significant   portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or(#  ` `Xx` ` (iv) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this Act;(#   xexcept that the prohibitions established in this subparagraph shall apply only to financial  xinterests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission.   x(B)(i) The Commission shall have authority to waive, from time to time, the application":&\+|'|'{{$"  xof the prohibitions established in subparagraph (A) to persons employed by the Commission if  xthe Commission determines that the financial interests of a person which are involved in a  xjparticular case are minimal, except that such waiver authority shall be subject to the provisions  x|of section 208 of title 18, United States Code. The waiver authority established in this subparagraph shall not apply with respect to members of the Commission.   x(ii) In any case in which the Commission exercises the waiver authority established in this  xsubparagraph, the Commission shall publish notice of such action in the Federal Register and  xshall furnish notice of such action to the appropriate committees of each House of the Congress.  xEach such notice shall include information regarding the identity of the person receiving the  xwaiver, the position held by such person, and the nature of the financial interests which are the subject of the waiver.   0x(3) The Commission, in determining whether a company or other entity has a significant  xinterest in communications, manufacturing, or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors)  ` Xx` ` (A) the revenues, investments, profits, and managerial efforts directed to the   related communications, manufacturing, or sales activities of the company or other entity   involved, as compared to the other aspects of the business of such company or other entity;(#  ` Xx` ` (B) the extent to which the Commission regulates and oversees the activities of such company or other entity;(#  ` Xx` ` (C) the degree to which the economic interests of such company or other entity may be affected by any action of the Commission; and (#  ` Xx` ` (D) the perceptions held by the public regarding the business activities of such company or other entity.(#   nx(4) Members of the Commission shall not engage in any other business, vocation, profession, or employment while serving as such members.   x(5) The maximum number of commissioners who may be members of the same political  xparty shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission.   x(c) Commissioners shall be appointed for terms of five years and until their successors are  x appointed and have been confirmed and taken the oath of office, except that they shall not  xMcontinue to serve beyond the expiration of the next session of Congress subsequent to the  xexpiration of said fixed term of office; except that any person chosen to fill a vacancy shall be  x=appointed only for the unexpired term of the Commissioner whom he succeeds. No vacancy in  xythe Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission.   x(d) Each Commissioner shall receive an annual salary at the annual rate payable from time  xto time for level IV of the Executive Schedule, payable in monthly installments. The Chairman  x[of the Commission, during the period of his service as Chairman, shall receive an annual salary at the annual rate payable from time to time for level III of the Executive Schedule.   "x(e) The principal office of the Commission shall be in the District of Columbia, where  xyits general sessions shall be held; but whenever the convenience of the public or of the parties  x>may be promoted or delay or expense prevented thereby, the Commission may hold special":& \+|'|'{{$" sessions in any part of the United States.   ]x(f)(1) The Commission shall have authority, subject to the provisions of the civilservice  x{laws and the Classification Act of 1949, as amended, to appoint such officers, engineers,  xaccountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions.   {x(2) Without regard to the civilservice laws, but subject to the Classification Act of 1949,  xZeach commissioner may appoint three professional assistants and a secretary, each of whom shall  xperform such duties as such commissioner shall direct. In addition, the chairman of the  x"Commission may appoint, without regard to the civilservice laws, but subject to the  x>Classification Act of 1949, an administrative assistant who shall perform such duties as the chairman shall direct.   #x(3) The Commission shall fix a reasonable rate of extra compensation for overtime  xservices of engineers in charge and radio engineers of the Field Engineering and Monitoring  xBureau of the Federal Communications Commission, who may be required to remain on duty  xbetween the hours of 5 o'clock postmeridian and 8 o'clock antemeridian or on Sundays or  x\holidays to perform services in connection with the inspection of ship radio equipment and  xapparatus for the purposes of part II of title III of this Act or the Great Lakes Agreement, on the  xbasis of onehalf day's additional pay for each two hours or fraction thereof of at least one hour  xthat the overtime extends beyond 5 o'clock postmeridian (but not to exceed two and onehalf  xdays' pay for the full period from 5 o'clock postmeridian to 8 o'clock antemeridian) and two  xadditional days' pay for Sunday or holiday duty. The said extra compensation for overtime  xservices shall be paid by the master, owner, or agent of such vessel to the local United States  xcollector of customs or his representative, who shall deposit such collection into the Treasury of  X- xthe United States to an appropriately designated receipt account: Provided, That the amounts of  x<such collections received by the said collector of customs or his representatives shall be covered  x-into the Treasury as miscellaneous receipts; and the payments of such extra compensation to the  xseveral employees entitled thereto shall be made from the annual appropriations for salaries and  X- xexpenses of the Commission: Provided further, That to the extent that the annual appropriations  x.which are hereby authorized to be made from the general fund of the Treasury are insufficient,  xthere are hereby authorized to be appropriated from the general fund of the Treasury such  xadditional amounts as may be necessary to the extent that the amounts of such receipts are in  X;- xexcess of the amounts appropriated: Provided further, That such extra compensation shall be paid  x[if such field employees have been ordered to report for duty and have so reported whether the  xactual inspection of the radio equipment or apparatus takes place or not: And provided further,  xKThat in those ports where customary working hours are other than those hereinabove mentioned,  xthe engineers in charge are vested with authority to regulate the hours of such employees so as  xto agree with prevailing working hours in said ports where inspections are to be made, but  xnothing contained in this proviso shall be construed in any manner to alter the length of a  xworking day for the engineers in charge and radio engineers or the overtime pay herein fixed:  X#- xand Provided further, That, in the alternative, an entity designated by the Commission may make the inspections referred to in this paragraph.   x(4)(A) The Commission, for purposes of preparing or administering any examination for  xyan amateur station operator license, may accept and employ the voluntary and uncompensated"B& \+|'|'{{$"  xjservices of any individual who holds an amateur station operator license of a higher class than  x.the class of license for which the examination is being prepared or administered. In the case of  xexaminations for the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who holds such class of license.   x(B)(i) The Commission, for purposes of monitoring violations of any provision of this Act  xZ(and of any regulation prescribed by the Commission under this Act) relating to the amateur radio service, may  ` Xx` ` (I) recruit and train any individual licensed by the Commission to operate an amateur station; and (#  ` %Xx` ` (II) accept and employ the voluntary and uncompensated services of such individual. (#   x(ii) The Commission, for purposes of recruiting and training individuals under clause (i)  xand for purposes of screening, annotating, and summarizing violation reports referred under clause  x(i), may accept and employ the voluntary and uncompensated services of any amateur station operator organization.   x(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to Xx` ` (I) the detection of improper amateur radio transmissions; (#  ` AXx` ` (II) the conveyance to Commission personnel of information which is essential to   the enforcement of this Act (or regulations prescribed by the Commission under this Act) relating to the amateur radio service; and (#  ` Xx` ` (III) issuing advisory notices, under the general direction of the Commission, to   /persons who apparently have violated any provision of this Act (or regulations prescribed by the Commission under this Act) relating to the amateur radio service. (#   xNothing in this clause shall be construed to grant individuals recruited and trained under  xKthis subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the Commission may prescribe by rule.   x(C)(i) The Commission, for purposes of monitoring violations of any provision of this Act  x<(and of any regulation prescribed by the Commission under this Act) relating to the citizens band radio service, may Xx` ` (I) recruit and train any citizens band radio operator; and(# Xx` ` (II) accept and employ the voluntary and uncompensated services of such operator.(#   x(ii) The Commission, for purposes of recruiting and training individuals under clause (i)  xand for purposes of screening, annotating, and summarizing violation reports referred under clause  x-(i), may accept and employ the voluntary and uncompensated services of any citizens band radio  xioperator organization. The Commission, in accepting and employing services of individuals under  xthis subparagraph, shall seek to achieve a broad representation of individuals and organizations interested in citizens band radio operation.   x(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to Xx` ` (I) the detection of improper citizens band radio transmissions;(#  ` AXx` ` (II) the conveyance to Commission personnel of information which is essential to   the enforcement of this Act (or regulations prescribed by the Commission under this Act)":& \+|'|'{{$" relating to the citizens band radio service; and(#  ` Xx` ` (III) issuing advisory notices, under the general direction of the Commission, to   /persons who apparently have violated any provision of this Act (or regulations prescribed by the Commission under this Act) relating to the citizens band radio service.(#   xNothing in this clause shall be construed to grant individuals recruited and trained under  xKthis subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the Commission may prescribe by rule.   x(D) The Commission shall have the authority to endorse certification of individuals to  xperform transmitter installation, operation, maintenance, and repair duties in the private land  xmobile services and fixed services (as defined by the Commission by rule) if such certification  xprograms are conducted by organizations or committees which are representative of the users in  xthose services and which consist of individuals who are not officers or employees of the Federal Government.   x(E) The authority of the Commission established in this paragraph shall not be subject to  xor affected by the provisions of part III of title 5, United States Code, or section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).   Nx(F) Any person who provides services under this paragraph shall not be considered, by reason of having provided such services, a Federal employee.   ~x(G) The Commission, in accepting and employing services of individuals under  x/subparagraphs (A) and (B), shall seek to achieve a broad representation of individuals and organizations interested in amateur station operation.   x(H) The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph.   x(I) With respect to the acceptance of voluntary uncompensated services for the preparation,  xprocessing, or administration of examinations for amateur station operator licenses, pursuant to  x=subparagraph (A) of this paragraph, individuals, or organizations which provide or coordinate  xsuch authorized volunteer services may recover from examinees reimbursement for outofpocket  xcosts. The total amount of allowable cost reimbursement per examinee shall not exceed $4, adjusted annually every January 1 for changes in the Department of Labor Consumer Price Index.   x(5)(A) The Commission, for purposes of preparing and administering any examination for  x\a commercial radio operator license or endorsement, may accept and employ the services of  xpersons that the Commission determines to be qualified. Any person so employed may not receive  xjcompensation for such services, but may recover from examinees such fees as the Commission permits, considering such factors as public service and cost estimates submitted by such person.   ?x(B) The Commission may prescribe regulations to select, oversee, sanction, and dismiss any person authorized under this paragraph to be employed by the Commission.   x(C) Any person who provides services under this paragraph or who provides goods in  x-connection with such services shall not, by reason of having provided such service or goods, be considered a Federal or special government employee.   {x(g)(1) The Commission may make such expenditures (including expenditures for rent and  xpersonal services at the seat of government and elsewhere, for office supplies, lawbooks,  xperiodicals, and books of reference, for printing and binding, for land for use as sites for radio  xmonitoring stations and related facilities, including living quarters where necessary in remote":& \+|'|'{{$"  x=areas, for the construction of such stations and facilities, and for the improvement, furnishing,  xkequipping, and repairing of such stations and facilities and of laboratories and other related  xfacilities (including construction of minor subsidiary buildings and structures not exceeding  x$25,000 in any one instance) used in connection with technical research activities), as may be  xnecessary for the execution of the functions vested in the Commission and as may be appropriated  xfor by the Congress in accordance with the authorizations of appropriations established in section  x6. All expenditures of the Commission, including all necessary expenses for transportation  xincurred by the commissioners or by their employees, under their orders, in making any  xjinvestigation or upon any official business in any other places than in the city of Washington,  xshall be allowed and paid on the presentation of itemized vouchers therefor approved by the  x[chairman of the Commission or by such other members or officer thereof as may be designated by the Commission for that purpose. x(2)(A) If  ` Xx` ` (i) the necessary expenses specified in the last sentence of paragraph (1) have been   0incurred for the purpose of enabling commissioners or employees of the Commission to attend and participate in any convention, conference, or meeting; (#  ` `Xx` ` (ii) such attendance and participation are in furtherance of the functions of the Commission; and (#  ` "Xx` ` (iii) such attendance and participation are requested by the person sponsoring such convention, conference, or meeting; (#   xthen the Commission shall have authority to accept direct reimbursement from such sponsor for such necessary expenses.   x(B) The total amount of unreimbursed expenditures made by the Commission for travel  xzfor any fiscal year, together with the total amount of reimbursements which the Commission  x-accepts under subparagraph (A) for such fiscal year, shall not exceed the level of travel expenses appropriated to the Commission for such fiscal year.   ^x(C) The Commission shall submit to the appropriate committees of the Congress, and  xpublish in the Federal Register, quarterly reports specifying reimbursements which the Commission has accepted under this paragraph.   {x(D) The provisions of this paragraph shall cease to have any force or effect at the end of fiscal year 1994.   x(E) Funds which are received by the Commission as reimbursements under the provisions of this paragraph after the close of a fiscal year shall remain available for obligation.   |x(3)(A) Notwithstanding any other provision of law, in furtherance of its functions the  xKCommission is authorized to accept, hold, administer, and use unconditional gifts, donations, and  x<bequests of real, personal, and other property (including voluntary and uncompensated services, as authorized by section 3109 of title 5, United States Code).   x(B) The Commission, for purposes of providing radio club and militaryrecreational call  xsigns, may utilize the voluntary, uncompensated, and unreimbursed services of amateur radio  xorganizations authorized by the Commission that have taxexempt status under section 501(c)(3) of the Internal Revenue Code of 1986.   Nx(C) For the purpose of Federal law on income taxes, estate taxes, and gift taxes, property  xor services accepted under the authority of subparagraph (A) shall be deemed to be a gift,":& \+|'|'{{$" bequest, or devise to the United States.   x(D) The Commission shall promulgate regulations to carry out the provisions of this  xparagraph. Such regulations shall include provisions to preclude the acceptance of any gift,  xbequest, or donation that would create a conflict of interest or the appearance of a conflict of interest.   x(h) Three members of the Commission shall constitute a quorum thereof. The Commission shall have an official seal which shall be judicially noticed.   x(i) The Commission may perform any and all acts, make such rules and regulations, and  xissue such orders, not inconsistent with this Act, as may be necessary in the execution of its functions.   {x(j) The Commission may conduct its proceedings in such manner as will best conduce to  xthe proper dispatch of business and to the ends of justice. No commissioner shall participate in  x<any hearing or proceeding in which he has a pecuniary interest. Any party may appear before the  xjCommission and be heard in person or by attorney. Every vote and official act the Commission  xshall be entered of record, and its proceedings shall be public upon the request of any party  xzinterested. The Commission is authorized to withhold publication of records or proceedings containing secret information affecting the national defense.   x(k) The Commission shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain  ` 2Xx` ` (1) such information and data collected by the Commission as may be considered   of value in the determination of questions connected with the regulation of interstate and foreign wire and radio communication and radio transmission of energy; (#  ` Xx` ` (2) such information and data concerning the functioning of the Commission as   will be of value to Congress in appraising the amount and character of the work and accomplishments of the Commission and the adequacy of its staff and equipment;(#  ` Xx` ` (3) an itemized statement of all funds expended during the preceding year by the   ?Commission, of the sources of such funds, and of the authority in this Act or elsewhere under which such expenditures were made; and (#  ` Xx` ` (4) specific recommendations to Congress as to additional legislation which the   0Commission deems necessary or desirable, including all legislative proposals submitted for approval to the Director of the Office of Management and Budget.(#   0x(l) All reports of investigations made by the Commission shall be entered of record, and  xa copy thereof shall be furnished to the party who may have complained, and to any common carrier or licensee that may have been complained of.   x(m) The Commission shall provide for the publication of its reports and decisions in such  xform and manner as may be best adapted for public information and use, and such authorized  xpublications shall be competent evidence of the reports and decisions of the Commission therein  x=contained in all courts of the United States and of the several States without any further proof or authentication thereof.   x(n) Rates of compensation of persons appointed under this section shall be subject to the reduction applicable to officers and employees of the Federal Government generally.   x(o) For the purpose of obtaining maximum effectiveness from the use of radio and wire  xcommunications in connection with safety of life and property, the Commission shall investigate":&\+|'|'{{$"  xzand study all phases of the problem and the best methods of obtaining the cooperation and coordination of these systems.  X- SEC. 5. [47 U.S.C. 155] ORGANIZATION AND FUNCTIONING OF THE COMMISSION.  X-  N x(a) The member of the Commission designated by the President as chairman shall be the  x/chief executive officer of the Commission. It shall be his duty to preside at all meetings and  x-sessions of the Commission, to represent the Commission in all matters relating to legislation and  x legislative reports, except that any commissioner may present his own or minority views or  xsupplemental reports, to represent the Commission in all matters requiring conferences or  xcommunications with other governmental officers, departments or agencies, and generally to  xycoordinate and organize the work of the Commission in such manner as to promote prompt and  xkefficient disposition of all matters within the jurisdiction of the Commission. In the case of a  xvacancy in the office of the chairman of the Commission, or the absence or inability of the  xchairman to serve, the Commission may temporarily designate one of its members to act as  xchairman until the cause or circumstance requiring such designation shall have been eliminated or corrected.   x(b) From time to time as the Commission may find necessary, the Commission shall  xorganize its staff into (1) integrated bureaus, to function on the basis of the Commission's  xiprincipal workload operations, and (2) such other divisional organizations as the Commission may  xdeem necessary. Each such integrated bureau shall include such legal, engineering, accounting,  x[administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions.   ]x(c)(1) When necessary to the proper functioning of the Commission and the prompt and  xKorderly conduct of its business, the Commission may, by published rule or by order, delegate any  xof its functions (except functions granted to the Commission by this paragraph and by paragraphs  x(4), (5), and (6) of this subsection and except any action referred to in sections 204(a)(2), 208(b),  xjand 405(b)) to a panel of commissioners, an individual commissioner, an employee board, or an  x?individual employee, including functions with respect to hearing, determining, ordering,  x certifying, reporting, or otherwise acting as to any work, business, or matter; except that in  x"delegating review functions to employees in cases of adjudication (as defined in the  xxAdministrative Procedure Act), the delegation in any such case may be made only to an employee  xjboard consisting of two or more employees referred to in paragraph (8). Any such rule or order  xmay be adopted, amended, or rescinded only by a vote of a majority of the members of the  xCommission then holding office. Except for cases involving the authorization of service in the  xinstructional television fixed service, or as otherwise provided in this Act, nothing in this  xparagraph shall authorize the Commission to provide for the conduct, by any person or persons  xother than persons referred to in paragraph (2) or (3) of section 556(b) of title 5, United States Code, of any hearing to which such section applies.   x(2) As used in this subsection (d) the term ''order, decision, report, or action'' does not  xinclude an initial, tentative, or recommended decision to which exceptions may be filed as provided in section 409(b).   x(3) Any order, decision, report, or action made or taken pursuant to any such delegation,  xunless reviewed as provided in paragraph (4), shall have the same force and effect, and shall be":&\+|'|'{{$"  x<made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission.   x(4) Any person aggrieved by any such order, decision, report or action may file an  x|application for review by the Commission within such time and in such manner as the  xiCommission shall prescribe, and every such application shall be passed upon by the Commission.  xLThe Commission, on its own initiative, may review in whole or in part, at such time and in such  xmanner as it shall determine, any order, decision, report, or action made or taken pursuant to any delegation under paragraph (1).   x(5) In passing upon applications for review, the Commission may grant, in whole or in  xZpart, or deny such applications without specifying any reasons therefore. No such application for  xreview shall rely on questions of fact or law upon which the panel of commissioners, individual commissioner, employee board, or individual employee has been afforded no opportunity to pass.   x(6) If the Commission grants the application for review, it may affirm, modify, or set  xaside the order, decision, report, or action, or it may order a rehearing upon such order, decision, report, or action in accordance with section 405.   x(7) The filing of an application for review under this subsection shall be a condition  x.precedent to judicial review of any order, decision, report, or action made or taken pursuant to  xa delegation under paragraph (1). The time within which a petition for review must be filed in  xa proceeding to which section 402(a) applies, or within which an appeal must be taken under  xksection 402(b), shall be computed from the date upon which public notice is given of orders disposing of all applications for review filed in any case.   !x(8) The employees to whom the Commission may delegate review functions in any case  xof adjudication (as defined in the Administrative Procedure Act) shall be qualified, by reason of  xytheir training, experience, and competence, to perform such review functions, and shall perform  xno duties inconsistent with such review functions. Such employees shall be in a grade  xclassification or salary level commensurate with their important duties, and in no event less than  xthe grade classification or salary level of the employee or employees whose actions are to be  xxreviewed. In the performance of such review functions such employees shall be assigned to cases  x[in rotation so far as practicable and shall not be responsible to or subject to the supervision or  xdirection of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency.   x(9) The secretary and seal of the Commission shall be the secretary and seal of each panel  xof the Commission, each individual commissioner, and each employee board or individual employee exercising functions delegated pursuant to paragraph (1) of this subsection.   x(d) Meetings of the Commission shall be held at regular intervals, not less frequently than  x[once each calendar month, at which times the functioning of the Commission and the handling  x-of its work load shall be reviewed and such orders shall be entered and other action taken as may  xLbe necessary or appropriate to expedite the prompt and orderly conduct of the business of the  xCommission with the objective of rendering a final decision (1) within three months from the  xNdate of filing in all original application, renewal, and transfer cases in which it will not be  xnecessary to hold a hearing, and (2) within six months from the final date of the hearing in all hearing cases.   x(e) The Commission shall have a Managing Director who shall be appointed by the":&\+|'|'{{$"  xNChairman subject to the approval of the Commission. The Managing Director, under the  x/supervision and direction of the Chairman, shall perform such administrative and executive  xfunctions as the Chairman shall delegate. The Managing Director shall be paid at a rate equal to the rate then payable for level V of the Executive Schedule.  X- SEC. 6. AUTHORIZATION OF APPROPRIATIONS.  Xv-   x(a) There are authorized to be appropriated for the administration of this Act by the  x/Commission $109,831,000 for fiscal year 1990 and $119,831,000 for fiscal year 1991, together  xwith such sums as may be necessary for increases resulting from adjustments in salary, pay,  xretirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1990 and 1991.   x(b) In addition to the amounts authorized to be appropriated under this section, not more  xthan 4 percent of the amount of any fees or other charges payable to the United States which are  x.collected by the Commission during fiscal year 1990 are authorized to be made available to the Commission until expended to defray the fully distributed costs of such fees collection.   x(c) Of the amounts appropriated pursuant to subsection (a) for fiscal year 1991, such sums  xas may be necessary not to exceed $2,000,000 shall be expended for upgrading and modernizing equipment at the Commission's electronic emissions test laboratory located in Laurel, Maryland.   lx(d) Of the sum appropriated in any fiscal year under this section, a portion, in an amount determined under section 9(b), shall be derived from fees authorized by section 9.  X- SEC. 7. [47 U.S.C. 157] NEW TECHNOLOGIES AND SERVICES.  X-   x(a) It shall be the policy of the United States to encourage the provision of new  xtechnologies and services to the public. Any person or party (other than the Commission) who  xopposes a new technology or service proposed to be permitted under this Act shall have the burden to demonstrate that such proposal is inconsistent with the public interest.   x(b) The Commission shall determine whether any new technology or service proposed in  xa petition or application is in the public interest within one year after such petition or application  xis filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated.  X7- SEC. 8. [47 U.S.C. 158] APPLICATION FEES.  X -   x(a) The Commission shall assess and collect application fees at such rates as the  x]Commission shall establish or at such modified rates as it shall establish pursuant to the provisions of subsection (b) of this section.   x(b)(1) The Schedule of Application Fees established under this section shall be reviewed  xby the Commission every two years after October 1, 1991, and adjusted by the Commission to  xxreflect changes in the Consumer Price Index. Increases or decreases in application fees shall apply  xto all categories of application fees, except that individual fees shall not be adjusted until the  x-increase or decrease, as determined by the net change in the Consumer Price Index since the date  xzof enactment of this section, amounts to at least $5.00 in the case of fees under $100.00, or 5  xpercent in the case of fees of $100.00 or more. All fees which require adjustment will be rounded  xupward to the next $5.00 increment. The Commission shall transmit to the Congress notification":&\+|'|'{{$" of any such adjustment not later than 90 days before the effective date of such adjustment.   lx(2) Increases or decreases in application fees made pursuant to this subsection shall not be subject to judicial review.   x(c)(1) The Commission shall prescribe by regulation an additional application fee which  xshall be assessed as a penalty for late payment of application fees required by subsection (a) of  xthis section. Such penalty shall be 25 percent of the amount of the application fee which was not paid in a timely manner.   1x(2) The Commission may dismiss any application or other filing for failure to pay in a timely manner any application fee or penalty under this section.   x(d)(1) The application fees established under this section shall not be applicable (A) to  xgovernmental entities and nonprofit entities licensed in the following radio services: Local  xkGovernment, Police, Fire, Highway Maintenance, ForestryConservation, Public Safety, and Special Emergency Radio, or (B) to governmental entities licensed in other services.   Ox(2) The Commission may waive or defer payment of an application fee in any specific instance for good cause shown, where such action would promote the public interest.   x(e) Moneys received from application fees established under this section shall be deposited  xin the general fund of the Treasury to reimburse the United States for amounts appropriated for use by the Commission in carrying out its functions under this Act.   @x(f) The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.   x(g) Until modified pursuant to subsection (b) of this section, the Schedule of Application  xFees which the Federal Communications Commission shall prescribe pursuant to subsection (a) of this section shall be as follows:   ~ SCHEDULE OF APPLICATION FEES TPx` ` Service `m(#Fee amount PRIVATE RADIO SERVICES TPXxX` ` 1. Marine Coast Stations(#` XxX` ` X a. New License (per station)(# `!(#7$70.00 XxX` ` X b. Modification of License (per station)(# `d!(#=70.00 XxX` ` X c. Renewal of License (per station)(# `d!(#=70.00 XxX` ` X d. Special Temporary Authority (Initial, Modifications, Extensions)(# `!(#7100.00 XxX` ` X e. Assignments (per station)(# `d!(#=70.00 XxX` ` X f. Transfers of Control (per station)(# `d!(#=35.00 XxX` ` X g. Request for Waiver (# XxX` ` X (i) Routine (per request)(# `!(#7105.00 XxX` ` X (ii) NonRoutine (per rule section/per station)(# `!(#7105.00 XxX` ` 2. Ship Stations(#` XxX` ` X a. New License (per application)(# `d!(#=35.00 XxX` ` X b. Modification of License (per application)(# `d!(#=35.00 XxX` ` X c. Renewal of License (per application)(# `d!(#=35.00 XxX` ` X d. Request for Waiver(# XxX` ` X (i) Routine (per request) (# `!(#7105.00 XxX` ` X (ii) NonRoutine (per rule section/per station) (# `!(#7105.00":&\+|'|'{{$"ԌXxX` ` 3. Operational Fixed Microwave Stations(#` XxX` ` X a. New License (per station)(# `!(#7155.00 XxX` ` X b. Modification of License (per station)(# `!(#7155.00 XxX` ` X c. Renewal of License (per station)(# `!(#7155.00 XxX` ` X d. Special Temporary Authority (Initial, Modifications, Extensions)(# `d!(#=35.00 XxX` ` X e. Assignments (per station)(# `!(#7155.00 XxX` ` X f. Transfers of Control (per station)(# `d!(#=35.00 XxX` ` X g. Request for Waiver (# XxX` ` X (i) Routine (per request) (# `!(#7105.00 XxX` ` X (ii) NonRoutine (per rule section/per station) (# `!(#7105.00 XxX` ` 4. Aviation (Ground Stations)(#` XxX` ` X a. New License (per station)(# `d!(#=70.00 XxX` ` X b. Modification of License (per station)(# `d!(#=70.00 XxX` ` X c. Renewal of License (per station)(# `d!(#=70.00 XxX` ` X d. Special Temporary Authority (Initial, Modifications, Extensions)(# `!(#7100.00 XxX` ` X e. Assignments (per station)(# `d!(#=70.00 XxX` ` X f. Transfers of Control (per station)(# `d!(#=35.00 XxX` ` X g. Request for Waiver (# XxX` ` X (i) Routine (per request) (# `!(#7105.00 XxX` ` X (ii) NonRoutine (per rule section/per station) (# `!(#7105.00 XxX` ` 5. Aircraft Stations(#` XxX` ` X a. New License (per application)(# `d!(#=35.00 XxX` ` X b. Modification of License (per application)(# `d!(#=35.00 XxX` ` X c. Renewal of License (per application)(# `d!(#=35.00 XxX` ` X d. Request for Waiver(# XxX` ` X (i) Routine (per request) (# `!(#7105.00 XxX` ` X (ii) NonRoutine (per rule section/per station) (# `!(#7105.00  ` oXxX` ` 6. Land Mobile Radio Stations (including Special Emergency and Public Safety Stations)(#` XxX` ` X a. New License (per call sign)(# `d!(#=35.00 XxX` ` X b. Modification of License (per call sign)(# `d!(#=35.00 XxX` ` X c. Renewal of License (per call sign)(# `d!(#=35.00 XxX` ` X d. Special Temporary Authority (Initial, Modifications, Extensions)(# `d!(#=35.00 XxX` ` X e. Assignments (per station)(# `d!(#=35.00 XxX` ` X f. Transfers of Control (per call sign)(# `d!(#=35.00 XxX` ` X g. Request for Waiver(# XxX` ` X (i) Routine (per request) (# `!(#7105.00 XxX` ` X (ii) NonRoutine (per rule section/per station) (# `!(#7105.00 XxX` ` X h. Reinstatement (per call sign) (# `d!(#=35.00 Xx` `  i. Specialized Mobile Radio SystemsBase Stations(# XxX` ` X (i) New License (per call sign)(# `d!(#=35.00 XxX` ` X (ii) Modification of License (per call sign)(# `d!(#=35.00 XxX` ` X (iii) Renewal of License (per call sign)(# `d!(#=35.00":&\+|'|'{{$"ԌXxX` ` X (iv) Waiting List (annual application fee per application)(# `d!(#=35.00  :XxX` ` X (v) Special Temporary Authority (Initial, Modifications, Extensions)(# `!!(#:35.00 XxX` ` X (vi) Assignments (per call sign) (# `d!(#=35.00 XxX` ` X (vii) Transfers of Control (per call sign) (# `d!(#=35.00 XxX` ` X (viii) Request for Waiver(# XxX` ` X XXhh(1) Routine (per request)(#h`!(#7105.00 XxX` ` X XXhh(2) NonRoutine (per rule section/per station)(#h`!(#7105.00 XxX` ` X (ix) Reinstatements (per call sign) (# `d!(#=35.00 Xx` `  j. Private Carrier Licenses(# XxX` ` X (i) New License (per call sign) (# `d!(#=35.00 XxX` ` X (ii) Modification of License (per call sign)(# `d!(#=35.00 XxX` ` X (iii) Renewal of License (per call sign)(# `d!(#=35.00  gXxX` ` X (iv) Special Temporary Authority (Initial, Modifications, Extensions)(# `d!(#=35.00 XxX` ` X (v) Assignments (per call sign)(# `d!(#=35.00 XxX` ` X (vi) Transfers of Control (per call sign)(# `d!(#=35.00 XxX` ` X (vii) Request for Waiver(# XxX` ` X XXhh(1) Routine (per request)(#h`!(#7105.00 XxX` ` X XXhh(2) NonRoutine (per rule section/per station)(#h`!(#7105.00 XxX` ` X (viii) Reinstatements (per call sign)(# `d!(#=35.00 XxX` ` 7. General Mobile Radio Service(#` XxX` ` X a. New License (per call sign) (# `d!(#=35.00 XxX` ` X b. Modifications of License (per call sign)(# `d!(#=35.00 XxX` ` X c. Renewal of License (per call sign)(# `d!(#=35.00 Xx` `  d. Request for Waiver(# XxX` ` X (i) Routine (per request)(# `!(#7105.00 XxX` ` X (ii) NonRoutine (per rule section/per station) (# `!(#7105.00 XxX` ` X e. Special Temporary Authority (Initial, Modifications, Extensions) (# `d!(#=35.00 XxX` ` X f. Transfer of control (per call sign) (# `d!(#=35.00 XxX` ` 8. Restricted Radiotelephone Operator Permit (#` `d!(#=35.00 XxX` ` 9. Request for Duplicate Station License (all services) (#` `d!(#=35.00 XxX` ` 10. Hearing (Comparative, New, and Modifications) (#` `h (#.6,760.00 T  EQUIPMENT APPROVAL SERVICES/EXPERIMENTAL RADIO TPXxX` ` 1. Certification(#` XxX` ` X a. Receivers (except TV and FM receivers)(# `!(#7285.00 XxX` ` X b. All Other Devices(# `!(#7735.00 XxX` ` X c. Modifications and Class II Permissive Changes(# `d!(#=35.00 XxX` ` X d. Request for Confidentiality(# `!(#7105.00 XxX` ` 2. Type Acceptance(#` XxX` ` X a. All Devices(# `!(#7370.00 XxX` ` X b. Modifications and Class II Permissive Changes (# `d!(#=35.00":&\+|'|'{{$"ԌXxX` ` X c. Request for Confidentiality (# `!(#7105.00 XxX` ` 3. Type Approval (all devices)(#` XxX` ` X a. With Testing (including Major Modifications) (# `h (#.1,465.00 XxX` ` X b. Without Testing (including Minor Modifications)(# `!(#7170.00 XxX` ` X c. Request for Confidentiality(# `!(#7105.00 Xx` ` 4. Notifications(#`!(#7115.00 XxX` ` 5. Advance Approval for Subscription TV System (#` `h (#.2,255.00 XxX` ` X a. Request for Confidentiality (# `!(#7105.00 XxX` ` 6. Assignment of Grantee Code for Equipment Identification(#` `d!(#=35.00 XxX` ` 7. Experimental Radio Service(#` XxX` ` X a. New Construction Permit and Station Authorization (per application) (# `d!(#=35.00   pXxX` ` X b. Modification to Existing Construction Permit and Station Authorization (per application)(# `d!(#=35.00 XxX` ` X c. Renewal of Station Authorization (per application) (# `d!(#=35.00 XxX` ` X d. Assignment or Transfer of Control (per application)(# `d!(#=35.00 XxX` ` X e. Special Temporary Authority (per application)(# `d!(#=35.00   pXxX` ` X f. Additional Application Fee for Applications Containing Requests to Withhold Information From Public Inspection (per application)(# `d!(#=35.00 wMASS MEDIA SERVICES TPXxX` ` 1. Commercial TV Stations(#` XxX` ` X a. New or Major Change Construction Permits(# `h (#.2,535.00 XxX` ` X b. Minor Change(# `!(#7565.00   p'XxX` ` X c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal)(# `h (#.6,760.00 XxX` ` X d. License(# `!(#7170.00 Xx` `  e. Assignment or Transfer(# XxX` ` X (i) Long Form (Forms 314/315)(# `!(#7565.00 XxX` ` X (ii) Short Form (Form 316)(# `d!(#=80.00 XxX` ` X f. Renewal(# `!(#7100.00 XxX` ` X g. Call Sign (New or Modification)(# `d!(#=55.00  pbXxX` ` X h. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)(# `!(#7100.00 XxX` ` X i. Extension of Time to Construct or Replacement of CP (# `!(#7200.00 XxX` ` X j. Permit to Deliver Programs to Foreign Broadcast Stations(# `d!(#=55.00 XxX` ` X k. Petition for Rulemaking for New Community of License (# `h (#.1,565.00 XxX` ` X l. Ownership Report (per report) (# `d!(#=35.00 XxX` ` 2. Commercial Radio Stations(#` Xx` `  a. New and Major Change Construction Permit(# XxX` ` X (i) AM Station(# `h (#.2,255.00 XxX` ` X (ii) FM Station (# `h (#.2,030.00 Xx` `  b. Minor Change(# XxX` ` X (i) AM Station (# `!(#7565.00":&\+|'|'{{$"ԌXxX` ` X (ii) FM Station (# `!(#7565.00   p'XxX` ` X c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal)(# `h (#.6,760.00 Xx` `  d. License (# XxX` ` X (i) AM (# `!(#7370.00 XxX` ` X (ii) FM(# `!(#7115.00 XxX` ` X (iii) AM Directional Antenna (# `!(#7425.00 XxX` ` X (iv) FM Directional Antenna (# `!(#7355.00 XxX` ` X (v) AM Remote Control (# `d!(#=35.00 Xx` `  e. Assignment or Transfer(# XxX` ` X (i) Long Form (Forms 314/315)(# `!(#7565.00 XxX` ` X (ii) Short Form (Form 316)(# `d!(#=80.00 XxX` ` X f. Renewal(# `!(#7100.00 XxX` ` X g. Call Sign (New or Modification)(# `d!(#=55.00  pbXxX` ` X h. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)(# `!(#7100.00 XxX` ` X i. Extension of Time to Construct or Replacement of CP (# `!(#7200.00 XxX` ` X j. Permit to Deliver Programs to Foreign Broadcast Stations(# `d!(#=55.00  pXxX` ` X k. Petition for Rulemaking for New Community of License or Higher Class Channel (# `h (#.1,565.00 XxX` ` X l. Ownership Report (per report) (# `d!(#=35.00 XxX` ` 3. FM Translators(#` XxX` ` X a. New or Major Change Construction Permit (# `!(#7425.00 XxX` ` X b. License (# `d!(#=85.00 XxX` ` X c. Assignment or Transfer (# `d!(#=80.00 XxX` ` X d. Renewal(# `d!(#=35.00  pSXxX` ` X e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)(# `!(#7100.00 XxX` ` 4. TV Translators and LPTV Stations(#` XxX` ` X a. New or Major Change Construction Permit (# `!(#7425.00 XxX` ` X b. License (# `d!(#=85.00 XxX` ` X c. Assignment or Transfer (# `d!(#=80.00 XxX` ` X d. Renewal(# `d!(#=35.00  pSXxX` ` X e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)(# `!(#7100.00  ` XxX` ` 5. Auxiliary Services (Includes Remote Pickup stations, TV Auxiliary Broadcast  ` astations, Aural Broadcast STL and Intercity Relay stations, and Low Power Auxiliary stations)(#` XxX` ` X a. Major Actions(# `d!(#=85.00 XxX` ` X b. Renewals (# `d!(#=35.00  pSXxX` ` X c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)(# `!(#7100.00 XxX` ` 6. FM/TV Boosters(#` ":&\+|'|'{{$"ԌXxX` ` X a. New and Major Change Construction Permits (# `!(#7425.00 XxX` ` X b. License (# `d!(#=85.00  pSXxX` ` X c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)(# `!(#7100.00 XxX` ` 7. International Broadcast Station (#` XxX` ` X a. New Construction Permit and Facilities Change CP (# `h (#.1,705.00 XxX` ` X b. License (# `!(#7385.00 XxX` ` X c. Assignment or Transfer (per station)(# `!!(#: 60.00 XxX` ` X d. Renewal (# `d!(#=95.00 XxX` ` X e. Frequency Assignment and Coordination (per frequency hour)(# `!!(#: 35.00  p5XxX` ` X f. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)(# `!(#7100.00 XxX` ` 8. Cable Television Service(#` Xx` `  a. Cable Television Relay Service(# XxX` ` X (i) Construction Permit (# `!(#7155.00 XxX` ` X (ii) Assignment or Transfer (# `!(#7155.00 XxX` ` X (iii) Renewal(# `!(#7155.00 XxX` ` X (iv) Modification(# `!(#7155.00  XxX` ` X (v) Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)(# `!(#7100.00 XxX` ` X b. Cable Special Relief Petition(# `!(#7790.00 XxX` ` X c. 76.12 Registration Statement (per statement)(# `d!(#=35.00 XxX` ` X d. Aeronautical Frequency Usage Notifications (per notice) (# `d!(#=35.00 XxX` ` X e. Aeronautical Frequency Usage Waivers (per waiver)(# `!!(#: 35.00 XxX` ` 9. Direct Broadcast Satellite(#` Xx` `  a. New or Major Change Construction Permit(#  XxX` ` X (i) Application for Authorization to Construct a Direct Broadcast Satellite(# `h (#.2,030.00 XxX` ` X (ii) Issuance of Construction Permit & Launch Authority(# ` (#(19,710.00 XxX` ` X (iii) License to Operate Satellite(# `!(#7565.00   p4XxX` ` X b. Hearing (Comparative New, Major/Minor Modifications, or Comparative Renewal) (# `h (#.6,760.00  pSXxX` ` X c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent)(# `!(#7100.00 UCOMMON CARRIER SERVICES TPXxX` ` 1. All Common Carrier Services(#` XxX` ` X a. Hearing (Comparative New or Major/Minor Modifications) (# `h (#.6,760.00  pXxX` ` X b. Development Authority (Same application fee as regular authority in service unless otherwise indicated)(# XxX` ` X c. Formal Complaints and Pole Attachment Complaints Filing Fee(# `!(#7120.00  pXxX` ` X d. Proceeding under section 109(b) of the Communications Assistance for Law Enforcement Act(# `d!(#=5,000":&\+|'|'{{$"Ԍ ` XxX` ` 2. Domestic Public Land Mobile Stations (includes Base, Dispatch, Control & Repeater Stations)(#` XxX` ` X a. New or Additional Facility (per transmitter)(# `!(#7230.00 XxX` ` X b. Major Modifications (per transmitter)(# `!(#7230.00 XxX` ` X c. Fill In Transmitters (per transmitter) (# `!(#7230.00 XxX` ` X d. Major Amendment to a Pending Application (per transmitter) (# `!(#7230.00 Xx` `  e. Assignment or Transfer (# XxX` ` X (i) First Call Sign on Application (# `!(#7230.00 XxX` ` X (ii) Each Additional Call Sign (# `d!(#=35.00 XxX` ` X f. Partial Assignment (per call sign)(# `!(#7230.00 XxX` ` X g. Renewal (per call sign) (# `d!(#=35.00 XxX` ` X h. Minor Modification (per transmitter) (# `d!(#=35.00 XxX` ` X i. Special Temporary Authority (per frequency/per location) (# `!(#7200.00 XxX` ` X j. Extension of Time to Construct (per application)(# `!!(#: 35.00 XxX` ` X k. Notice of Completion of Construction (per application)(# `d!(#=35.00 XxX` ` X l. Auxiliary Test Station (per transmitter)(# `!(#7200.00 XxX` ` X m. Subsidiary Communications Service (per request)(# `!(#7100.00 XxX` ` X n. Reinstatement (per application)(# `!!(#: 35.00 XxX` ` X o. Combining Call Signs (per call sign)(# `!(#7200.00 XxX` ` X p. Standby Transmitter (per transmitter/per location)(# `!(#7200.00 Xx` `  q. 900 MHz Nationwide Paging(# XxX` ` X (i) Renewal(# XxX` ` X XXhh(1) Network Organizer(#h`!!(#: 35.00 XxX` ` X XXhh(2) Network Operator (per operator/per city)(#h`d!(#=35.00 Xx` `  r. AirGround Individual License (per station)(# XxX` ` X (i) Initial License(# `d!(#=35.00 XxX` ` X (ii) Renewal of License(# `!!(#: 35.00 XxX` ` X (iii) Modification of License(# `!!(#: 35.00 XxX` ` 3. Cellular Systems (per system)(#` XxX` ` X a. New or Additional Facilities(# `!(#7230.00 XxX` ` X b. Major Modification(# `!(#7230.00 XxX` ` X c. Minor Modification(# `d!(#=60.00 XxX` ` X d. Assignment or Transfer (including partial)(# `!(#7230.00 Xx` `  e. License to Cover Construction(# XxX` ` X (i) Initial License for Wireline Carrier(# `!(#7595.00 XxX` ` X (ii) Subsequent License for Wireline Carrier(# `d!(#=60.00 XxX` ` X (iii) License for Nonwireline Carrier(# `!!(#: 60.00 XxX` ` X (iv) Fill In License (all carriers)(# `d!(#=60.00 XxX` ` X f. Renewal(# `d!(#=35.00 XxX` ` X g. Extension of Time to Complete Construction(# `!!(#: 35.00 XxX` ` X h. Special Temporary Authority (per system)(# `!(#7200.00 XxX` ` X i. Combining Cellular Geographic Service Areas (per system)(# `!!(#: 50.00 XxX` ` 4. Rural Radio (includes Central Office, Interoffice, or Relay Facilities)(#` ":&\+|'|'{{$"ԌXxX` ` X a. New or Additional Facility (per transmitter)(# `!(#7105.00 XxX` ` X b. Major Modification (per transmitter) (# `!(#7105.00 XxX` ` X c. Major Amendment to Pending Application (per transmitter) (# `!(#7105.00 XxX` ` X d. Minor Modification (per transmitter)(# `d!(#=35.00 Xx` `  e. Assignments or Transfers (# XxX` ` X (i) First Call Sign on Application (# `!(#7105.00 XxX` ` X (ii) Each Additional Call Sign(# `d!(#=35.00 XxX` ` X (iii) Partial Assignment (per call sign) (# `!(#7105.00 XxX` ` X f. Renewal (per call sign)(# `d!(#=35.00 XxX` ` X g. Extension of Time to Complete Construction (per application)(# `!!(#: 35.00 XxX` ` X h. Notice of Completion of Construction (per application)(# `d!(#=35.00 XxX` ` X i. Special Temporary Authority (per frequency/per location) (# `!(#7200.00 XxX` ` X j. Reinstatement (per application)(# `!!(#: 35.00 XxX` ` X k. Combining Call Signs (per call sign) (# `!(#7200.00 XxX` ` X l. Auxiliary Test Station (per transmitter)(# `!(#7200.00 XxX` ` X m. Standby Transmitter (per transmitter/per location) (# `!(#7200.00  ` XxX` ` 5. Offshore Radio Service (Mobile, Subscriber, and Central Stations; fees would  ` _also apply to any expansion of this service into coastal waters other than the Gulf of Mexico)(#` XxX` ` X a. New or Additional Facility (per transmitter)(# `!(#7105.00 XxX` ` X b. Major Modifications (per transmitter)(# `!(#7105.00 XxX` ` X c. Fill In Transmitters (per transmitter) (# `!(#7105.00 XxX` ` X d. Major Amendment to Pending Application (per transmitter)(# `!(#7105.00 XxX` ` X e. Minor Modification (per transmitter) (# `d!(#=35.00 Xx` `  f. Assignment or Transfer(# XxX` ` X (i) Each Additional Call Sign(# `d!(#=35.00 XxX` ` X (ii) Partial Assignment (per call sign) (# `!(#7105.00 XxX` ` X g. Renewal (per call sign)(# `d!(#=35.00 XxX` ` X h. Extension of Time to Complete Construction (per application)(# `!!(#: 35.00 XxX` ` X i. Reinstatement (per application)(# `!!(#: 35.00 XxX` ` X j. Notice of Completion of Construction (per application)(# `d!(#=35.00 XxX` ` X k. Special Temporary Authority (per frequency/per location) (# `!(#7200.00 XxX` ` X l. Combining Call Signs (per call sign) (# `!(#7200.00 XxX` ` X m. Auxiliary Test Station (per transmitter)(# `!(#7200.00 XxX` ` X n. Standby Transmitter (per transmitter/ per location) (# `!(#7200.00 XxX` ` 6. PointtoPoint Microwave and Local Television Radio Service(#` XxX` ` X a. Conditional License (per station)(# `!(#7155.00   pXxX` ` X b. Major Modification of Conditional License or License Authorization (per station)(# `!(#7155.00 XxX` ` X c. Certification of Completion of Construction (per station)(# `!(#7155.00 XxX` ` X d. Renewal (per licensed station) (# `!(#7155.00 Xx` `  e. Assignment or Transfer (# XxX` ` X (i) First Station on Application(# `!!(#: 55.00":&\+|'|'{{$"ԌXxX` ` X (ii) Each Additional Station(# `d!(#=35.00 XxX` ` X f. Extension of Construction Authorization (per station)(# `!!(#: 55.00  peXxX` ` X g. Special Temporary Authority or Request for Waiver of Prior Construction Authorization (per request)(# `d!(#=70.00 XxX` ` 7. Multipoint Distribution Service (including multichannel MDS)(#` XxX` ` X a. Conditional License (per station)(# `!(#7155.00   pXxX` ` X b. Major Modification of Conditional License or License Authorization (per station)(# `!(#7155.00 XxX` ` X c. Certification of Completion of Construction (per channel)(# `!(#7455.00 XxX` ` X d. Renewal (per licensed station)(# `!(#7155.00 Xx` `  e. Assignment or Transfer (# XxX` ` X (i) First Station on Application(# `!!(#: 55.00 XxX` ` X (ii) Each Additional Station(# `!!(#: 35.00 XxX` ` X f. Extension of Construction Authorization (per station)(# `!(#7110.00  peXxX` ` X g. Special Temporary Authority or Request for Waiver of Prior Construction Authorization (per request)(# `!!(#: 70.00 XxX` ` 8. Digital Electronic Message Service(#` XxX` ` X a. Conditional License (per nodal station)(# `!(#7155.00  pCXxX` ` X b. Modification of Conditional License or License Authorization (per nodal station)(# `!(#7155.00 XxX` ` X c. Certification of Completion of Construction (per nodal station)(# `!(#7155.00 XxX` ` X d. Renewal (per licensed nodal station)(# `!(#7155.00 Xx` `  e. Assignment or Transfer (# XxX` ` X (i) First Station on Application(# `!!(#: 55.00 XxX` ` X (ii) Each Additional Station(# `d!(#=35.00 XxX` ` X f. Extension of Construction Authorization (per station)(# `!!(#: 55.00  peXxX` ` X g. Special Temporary Authority or Request for Waiver of Prior Construction Authorization (per request)(# `d!(#=70.00 XxX` ` 9. International Fixed Public Radio (Public and Control Stations)(#` XxX` ` X a. Initial Construction Permit (per station)(# `!(#7510.00 XxX` ` X b. Assignment or Transfer (per application)(# `!(#7510.00 XxX` ` X c. Renewal (per license)(# `!(#7370.00 XxX` ` X d. Modification (per station)(# `!(#7370.00 XxX` ` X e. Extension of Construction Authorization (per station)(# `!(#7185.00 XxX` ` X f. Special Temporary Authority or Request for Waiver (per request)(# `!(#7185.00 XxX` ` 10. Fixed Satellite Transmit/Receive Earth Stations(#` XxX` ` X a. Initial Application (per station)(# `h (#.1,525.00 XxX` ` X b. Modification of License (per station)(# `!(#7105.00 Xx` `  c. Assignment or Transfer(# XxX` ` X (i) First Station on Application(# `!(#7300.00 XxX` ` X (ii) Each Additional Station(# `!(#7100.00 XxX` ` X d. Developmental Station (per station) (# `% (#+1,000.00 XxX` ` X e. Renewal of License (per station)(# `!(#7105.00":&\+|'|'{{$"Ԍ  p XxX` ` X f. Special Temporary Authority or Waivers of Prior Construction Authorization (per request)(# `!(#7105.00 XxX` ` X g. Amendment of Application (per station)(# `!(#7105.00 XxX` ` X h. Extension of Construction Permit (per station)(# `!(#7105.00  ` XxX` ` 11. Small Transmit/Receive Earth Stations (2 meters or less and operating in the 4/6 GHz frequency band)(#` XxX` ` X a. Lead Application(# `h (#.3,380.00 XxX` ` X b. Routine Application (per station)(# `!!(#: 35.00 XxX` ` X c. Modification of License (per station)(# `!(#7105.00 Xx` `  d. Assignment or Transfer(# XxX` ` X (i) First Station on Application(# `!(#7300.00 XxX` ` X (ii) Each Additional Station(# `!!(#: 35.00 XxX` ` X e. Developmental Station (per station) (# `% (#+1,000.00 XxX` ` X f. Renewal of License (per station)(# `!(#7105.00   p7XxX` ` X g. Special Temporary Authority or Waivers of Prior Construction Authorization (per request)(# `!(#7105.00 XxX` ` X h. Amendment of Application (per station)(# `!(#7105.00 XxX` ` X i. Extension of Construction Permit (per station)(# `!(#7105.00 XxX` ` 12. Receive Only Earth Stations(#` XxX` ` X a. Initial Application for Registration(# `!(#7230.00 XxX` ` X b. Modification of License or Registration (per station)(# `!(#7105.00 Xx` `  c. Assignment or Transfer(# XxX` ` X (i) First Station on Application(# `!(#7300.00 XxX` ` X (ii) Each Additional Station(# `!(#7100.00 XxX` ` X d. Renewal of License (per station)(# `!(#7105.00 XxX` ` X e. Amendment of Application (per station)(# `!(#7105.00 XxX` ` X f. Extension of Construction Permit (per station)(# `!(#7105.00 XxX` ` X g. Waivers (per request)(# `!(#7105.00 XxX` ` 13. Very Small Aperture Terminal (VSAT) Systems(#` XxX` ` X a. Initial Application (per system) (# `h (#.5,630.00 XxX` ` X b. Modification of License (per system) (# `!(#7105.00 XxX` ` X c. Assignment or Transfer of System(# `h (#.1,505.00 XxX` ` X d. Developmental Station(# `% (#+1,000.00 XxX` ` X e. Renewal of License (per system)(# `!(#7105.00   p XxX` ` X f. Special Temporary Authority or Waivers of Prior Construction Authorization (per request)(# `!(#7105.00 XxX` ` X g. Amendment of Application (per system)(# `!(#7105.00 XxX` ` X h. Extension of Construction Permit (per system)(# `!(#7105.00 XxX` ` 14. Mobile Satellite Earth Stations(#` XxX` ` X a. Initial Application of Blanket Authorization(# `h (#.5,630.00 XxX` ` X b. Initial Application for Individual Earth Station(# `h (#.1,350.00 XxX` ` X c. Modification of License (per system)(# `!(#7105.00 XxX` ` X d. Assignment or Transfer (per system)(# `h (#.1,505.00":&\+|'|'{{$"ԌXxX` ` X e. Developmental Station(# `% (#+1,000.00 XxX` ` X f. Renewal of License (per system)(# `!(#7105.00   p7XxX` ` X g. Special Temporary Authority or Waivers of Prior Construction Authorization (per request)(# `!(#7105.00 XxX` ` X h. Amendment of Application (per system)(# `!(#7105.00 XxX` ` X i. Extension of Construction Permit (per system)(# `!(#7105.00 XxX` ` 15. Radio determination Satellite Earth Stations(#` XxX` ` X a. Initial Application of Blanket Authorization(# `h (#.5,630.00 XxX` ` X b. Initial Application for Individual Earth Station(# `h (#.1,350.00 XxX` ` X c. Modification of License (per system) (# `!(#7105.00 XxX` ` X d. Assignment or Transfer (per system)(# `h (#.1,505.00 XxX` ` X e. Developmental Station(# `% (#+1,000.00 XxX` ` X f. Renewal of License (per system)(# `!(#7105.00   p7XxX` ` X g. Special Temporary Authority or Waivers of Prior Construction Authorization (per request)(# `!(#7105.00 XxX` ` X h. Amendment of Application (per system)(# `!(#7105.00 XxX` ` X i. Extension of Construction Permit (per system)(# `!(#7105.00 XxX` ` 16. Space Stations(#` XxX` ` X a. Application for Authority to Construct(# `h (#.2,030.00 Xx` `  b. Application for Authority to Launch & Operate(# XxX` ` X (i) Initial Application(# ` (#(70,000.00 XxX` ` X (ii) Replacement Satellite(# ` (#(70,000.00 XxX` ` X c. Assignment or Transfer (per satellite)(# `h (#.5,000.00 XxX` ` X d. Modification(# `h (#.5,000.00   pXxX` ` X e. Special Temporary Authority or Waiver of Prior Construction Authorization (per request)(# `!(#7500.00 XxX` ` X f. Amendment of Application(# `h (#.1,000.00 XxX` ` X g. Extension of Construction Permit/Launch Authorization (per request)(# `!(#7500.00 XxX` ` 17. Section 214 Applications(#` XxX` ` X a. Overseas Cable Construction(# `h (#.9,125.00 Xx` `  b. Cable Landing License(# XxX` ` X (i) Common Carrier(# `h (#.1,025.00 XxX` ` X (ii) NonCommon Carrier(# ` (#(10,150.00 XxX` ` X c. Domestic Cable Construction(# `!(#7610.00 XxX` ` X d. All Other 214 Applications(# `!(#7610.00 XxX` ` X e. Special Temporary Authority (all services)(# `!(#7610.00 XxX` ` X f. Assignments or Transfers (all services)(# `!(#7610.00 XxX` ` 18. Recognized Private Operating Status (per application)(#` `!(#7610.00 XxX` ` 19. Telephone Equipment Registration(#` `!(#7155.00 XxX` ` 20. Tariff Filings(#` XxX` ` X a. Filing Fee(# `!(#7490.00 XxX` ` X b. Special Permission Filing (per filing)(# `!(#7490.00":&\+|'|'{{$"ԌXxX` ` 21. Accounting and Audits(#` XxX` ` X a. Field Audit(# ` (#(62,290.00 XxX` ` X b. Review of Attest Audit(# ` (#(34,000.00 XxX` ` X c. Review of Depreciation Update Study (Single State)(# ` (#(20,685.00 XxX` ` X (i) Each Additional State(# `!(#7680.00 XxX` ` X d. Interpretation of Accounting Rules (per request)(# `h (#.2,885.00 XxX` ` X e. Petition for Waiver (per petition)(# `h (#.4,660.00 XxX` ` 22. LowEarth Orbit Satellite Systems(#`  p6XxX` ` X a. Application for Authority to Construct (per system of technology identical satellites)(# `h (#.6,000.00  pXxX` ` X b. Application for Authority to Launch and Operate (per system of technologically identical satellites)(# `(#"210,000.00 XxX` ` X c. Assignment or Transfer (per request)(# `h (#.6,000.00 XxX` ` X d. Modification (per request)(# ` (#(15,000.00   pXxX` ` X e. Special Temporary Authority or Waiver of Prior Construction Authorization (per request)(# `h (#.1,500.00 XxX` ` X f. Amendment of Application (per request)(# `h (#.3,000.00 XxX` ` X g. Extension of Construction Permit/Launch Authorization (per request)(# `h (#.1,500.00  MISCELLANEOUS APPLICATION FEES  ` DTPXx` ` 1. International Telecommunications Settlements Administrative Fee for Collections (per line item)(#`!(#C2.00 Xx` ` 2. Radio Operator Examinations(# XxX` ` X a. Commercial Radio Operator Examination(# `!!(#: 35.00 XxX` ` X b. Renewal of Commercial Radio Operator License, Permit, or Certificate(# `d!(#=35.00   pbXxX` ` X c. Duplicate or Replacement Commercial Radio Operator License, Permit, or Certificate(# `d!(#=35.00 Xx` ` 3. Ship Inspections(#  p7XxX` ` X a. Inspection of Oceangoing Vessels Under Title III, Part II of the Communications Act (per inspection)(# `!(#7620.00  pXxX` ` X b. Inspection of Passenger Vessels Under Title III, Part III of the Communications Act (per inspection)(# `!(#7320.00 XxX` ` X c. Inspection of Vessels Under the Great Lakes Agreement (per inspection)(# `d!(#=75.00  pXxX` ` X d. Inspection of Foreign Vessels Under the Safety of Life at Sea (SOLAS) Convention (per inspection)(# `!(#7540.00 XxX` ` X e. Temporary Waiver for Compulsorily Equipped Vessel(# `d!(#=60.00  Xh$-   SEC. 9. [47 U.S.C. 159] REGULATORY FEES.  XQ%- ` ` (a) General Authority.  X:&-  X` `  (1) Recovery of costs.The Commission, in accordance with this":&\+|'|'{{$"  ` p4section, shall assess and collect regulatory fees to recover the costs of the  ` pfollowing regulatory activities of the Commission: enforcement activities,  ` ppolicy and rulemaking activities, user information services, and international activities. `  X-  X` `  (2) Fees contingent on appropriations.The fees described in  ` pparagraph (1) of this subsection shall be collected only if, and only in the total amounts, required in Appropriations Acts. `  X_-` ` (b) Establishment and Adjustment of Regulatory Fees.  XH-X` `  (1) In general.The fees assessed under subsection (a) shall `  X` ` X (A) be derived by determining the fulltime equivalent   fnumber of employees performing the activities described in   subsection (a) within the Private Radio Bureau, Mass Media   Bureau, Common Carrier Bureau, and other offices of the   Commission, adjusted to take into account factors that are  reasonably related to the benefits provided to the payor of the fee    by the Commission's activities, including such factors as service  darea coverage, shared use versus exclusive use, and other factors  6that the Commission determines are necessary in the public interest;  X` ` X (B) be established at amounts that will result in collection,  during each fiscal year, of an amount that can reasonably be  sexpected to equal the amount appropriated for such fiscal year for the performance of the activities described in subsection (a); and  WX` ` X (C) until adjusted or amended by the Commission pursuant  Uto paragraph (2) or (3), be the fees established by the Schedule of Regulatory Fees in subsection (g).  X-  X` `  (2) Mandatory adjustment of schedule.For any fiscal year  ` pDafter fiscal year 1994, the Commission shall, by rule, revise the Schedule  ` pqof Regulatory Fees by proportionate increases or decreases to reflect, in  ` paccordance with paragraph (1)(B), changes in the amount appropriated for  ` p4the performance of the activities described in subsection (a) for such fiscal year. Such proportionate increases or decreases shall `  hX` ` X (A) be adjusted to reflect, within the overall amounts   described in appropriations Acts under the authority of paragraph   H(1)(A), unexpected increases or decreases in the number of licensees or units subject to payment of such fees; and  X` ` X (B) be established at amounts that will result in collection  of an aggregate amount of fees pursuant to this section that can  reasonably be expected to equal the aggregate amount of fees that  are required to be collected by appropriations Acts pursuant to paragraph (1)(B).  ` pEX` ` Increases or decreases in fees made by adjustments pursuant to this  ` pDparagraph shall not be subject to judicial review. In making adjustments":&\+|'|'{{$"  ` p&pursuant to this paragraph the Commission may round such fees to the  ` pnearest $5 in the case of fees under $1,000, or to the nearest $25 in the case of fees of $1,000 or more. `  X-  X` `  (3) Permitted amendments.In addition to the adjustments  ` prequired by paragraph (2), the Commission shall, by regulation, amend the  ` pSchedule of Regulatory Fees if the Commission determines that the  ` pUSchedule requires amendment to comply with the requirements of  ` pparagraph (1)(A). In making such amendments, the Commission shall add,  ` p4delete, or reclassify services in the Schedule to reflect additions, deletions,  ` por changes in the nature of its services as a consequence of Commission  ` prulemaking proceedings or changes in law. Increases or decreases in fees  ` pSmade by amendments pursuant to this paragraph shall not be subject to judicial review. `  X -X` `  (4) Notice to congress.The Commission shall `  uX` ` X (A) transmit to the Congress notification of any adjustment  smade pursuant to paragraph (2) immediately upon the adoption of such adjustment; and  uX` ` X (B) transmit to the Congress notification of any amendment   made pursuant to paragraph (3) not later than 90 days before the effective date of such amendment.  X4-` ` (c) Enforcement.  X-  X` `  (1) Penalties for late payment.The Commission shall  ` pprescribe by regulation an additional charge which shall be assessed as a  ` ppenalty for late payment of fees required by subsection (a) of this section.  ` pbSuch penalty shall be 25 percent of the amount of the fee which was not paid in a timely manner. `  X-  )X` `  (2) Dismissal of applications for filings.The Commission  ` pmay dismiss any application or other filing for failure to pay in a timely manner any fee or penalty under this section. `  Xe- GX` `  (3) Revocations.In addition to or in lieu of the penalties and  ` pdismissals authorized by paragraphs (1) and (2), the Commission may  ` prevoke any instrument of authorization held by any entity that has failed  ` pto make payment of a regulatory fee assessed pursuant to this section. Such  ` prevocation action may be taken by the Commission after notice of the  ` pCommission's intent to take such action is sent to the licensee by registered  ` pmail, return receipt requested, at the licensee's last known address. The  ` pnotice will provide the licensee at least 30 days to either pay the fee or  ` ppshow cause why the fee does not apply to the licensee or should otherwise  ` pbe waived or payment deferred. A hearing is not required under this  ` psubsection unless the licensee's response presents a substantial and material  ` pRquestion of fact. In any case where a hearing is conducted pursuant to this  ` pcsection, the hearing shall be based on written evidence only, and the  ` pburden of proceeding with the introduction of evidence and the burden of":&\+|'|'{{$"  ` p%proof shall be on the licensee. Unless the licensee substantially prevails in  ` pthe hearing, the Commission may assess the licensee for the costs of such  ` phearing. Any Commission order adopted pursuant to this subsection shall  ` pdetermine the amount due, if any, and provide the licensee with at least 30  ` pdays to pay that amount or have its authorization revoked. No order of  ` prevocation under this subsection shall become final until the licensee has  ` pexhausted its right to judicial review of such order under section 402(b)(5) of this title. `  XH- ` p` ` (d) Waiver, Reduction, and Deferment.The Commission may waive,  reduce, or defer payment of a fee in any specific instance for good cause shown, where such action would promote the public interest.  X - ` p` ` (e) Deposit of Collections.Moneys received from fees established  under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Commission.  X -` ` (f) Regulations.  X -  X` `  (1) In general.The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section. `  Xy-  8X` `  (2) Installment payments.Such rules and regulations shall  ` ppermit payment by installments in the case of fees in large amounts, and  ` pSin the case of fees in small amounts, shall require the payment of the fee  ` pin advance for a number of years not to exceed the term of the license held by the payor. `  X- ` p` ` (g) Schedule.Until amended by the Commission pursuant to subsection  q(b), the Schedule of Regulatory Fees which the Federal Communications  Commission shall, subject to subsection (a)(2), assess and collect shall be as follows:  X-   T Schedule of Regulatory Fees @ @P Bureau/Category Annual Regulatory Fee  X7-xPrivate Radio Bureau Xx` ` Exclusive use services (per license)  XxX` ` X ` `  Land Mobile (above 470 MHz, Base Station and SMRS) (47 C.F.R. Part 90) ` $16 XxX` `  Microwave (47 C.F.R. Part 94) ` ` $16 XxX` `  Interactive Video Data Service (47 C.F.R. Part 95) ` ` $16 Xx` ` Shared use services (per license unless otherwise noted) `l *7 Xx` ` Amateur vanity callsigns `l *7 xMass Media Bureau (per license) Xx` ` AM radio (47 C.F.R. Part 73)  XxX` `  Class D Daytime ` ` 250 XxX` `  Class A Fulltime ` ` 900":& \+|'|'{{$"ԌXxX` `  Class B Fulltime ` ` 500 XxX` `  Class C Fulltime ` ` 200 XxX` `  Construction permits ` ` 100 Xx` ` FM radio (47 C.F.R. Part 73)  XxX` `  Classes C, C1, C2, B ` ` 900 XxX` `  Classes A, B1, C3 ` ` 600 XxX` `  Construction permits ` ` 500 Xx` ` TV (47 C.F.R. Part 73)  XxX` `  VHF Commercial ` XxX` ` X Markets 1 thru 10 ` 18,000 XxX` ` X Markets 11 thru 25 ` 16,000 XxX` ` X Markets 26 thru 50 ` 12,000 XxX` ` X Markets 51 thru 100 `  8,000 XxX` ` X Remaining Markets `  5,000 XxX` ` X Construction permits `  4,000 XxX` `  UHF Commercial ` XxX` ` X Markets 1 thru 10 ` 14,400 XxX` ` X Markets 11 thru 25 ` 12,800 XxX` ` X Markets 26 thru 50 `  9,600 XxX` ` X Markets 51 thru 100 `  6,400 XxX` ` X Remaining Markets `  4,000 XxX` ` X Construction permits `  3,200 Xx` ` Low Power TV, TV Translator, and TV Booster (47 C.F.R. Part 74) ` 135 Xx` ` Broadcast Auxiliary (47 C.F.R. Part 74) ` $25 Xx` ` International (HF) Broadcast (47 C.F.R. Part 73) ` 200 Xx` ` Cable Antenna Relay Service (47 C.F.R. Part 78) ` 220 Xx` ` Cable Television System (per 1,000 subscribers) (47 C.F.R. Part 76) ` 370 xCommon Carrier Bureau Xx` ` Radio Facilities  XxX` `  Cellular Radio (per 1,000 subscribers) (47 C.F.R. Part 22) ` ` $60 XxX` `  Personal Communications (per 1,000 subscribers) (47 C.F.R.) ` ` $60 XxX` `   Space Station (per operational station in geosynchronous orbit) (47 C.F.R. Part 25) ` 65,000 XxX` `  Space Station (per system in lowearth orbit) (47 C.F.R. Part 25) ` ` 90,000 XxX` `  Public Mobile (per 1,000 subscribers) (47 C.F.R. Part 22) ` ` $60 XxX` `  Domestic Public Fixed (per call sign) (47 C.F.R. Part 21) ` ` $55 XxX` `  International Public Fixed (per call sign) (47 C.F.R. Part 23) ` ` 110 Xx` ` Earth Stations (47 C.F.R. Part 25)  XxX` `  VSAT and equivalent CBand antennas (per 100 antennas) ` `l *6 XxX` `  Mobile satellite earth stations (per 100 antennas) ` `l *6 XxX` `  Earth station antennas ` XxX` ` X Less than 9 meters (per 100 antennas) `l *6":&!\+|'|'{{$"ԌXxX` ` X 9 Meters or more XxX` ` X XTransmit/Receive and Transmit Only (per meter) ` $85 XxX` ` X XReceive only (per meter) ` $55 xCarriers Xx` ` InterExchange Carrier (per 1,000 presubscribed access lines) ` $60 Xx` ` Local Exchange Carrier (per 1,000 access lines) ` $60 Xx` ` Competitive access provider (per 1,000 subscribers) ` $60 Xx` ` International circuits (per 100 active 64KB circuit or equivalent) ` 220  X1-  ` ` (h) Exceptions.The charges established under this section shall not be applicable to (1) governmental entities or nonprofit entities; or (2) to amateur radio operator licenses under part 97 of the Commission's regulations (47 C.F.R. Part 97).  X -` ` (i) Accounting System.The Commission shall develop accounting systems necessary to making the adjustments authorized by subsection (b)(3). In the Commission's annual report, the Commission shall prepare an analysis of its progress in developing such systems and shall afford interested persons the opportunity to submit comments concerning the allocation of the costs of performing the functions described in subsection (a) among the services in the Schedule.  X- SEC. 10. [47 U.S.C. 160] COMPETITION IN PROVISION OF TELECOMMUNICATIONS SERVICE.  X- ` ` (a) Regulatory flexibility.Notwithstanding section 332(c)(1)(A) of this Act, the Commission shall forbear from applying any regulation or any provision of this Act to a telecommunications carrier or telecommunications service, or class of telecommunications carriers or telecommunications services, in any or some of its or their geographic markets, if the Commission determines that X` `  (1) enforcement of such regulation or provision is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that telecommunications carrier or telecommunications service are just and reasonable and are not unjustly or unreasonably discriminatory; ` X` `  (2) enforcement of such regulation or provision is not necessary for the protection of consumers; and ` X` `  (3) forbearance from applying such provision or regulation is consistent with the public interest. `  X"-` ` (b) Competitive Effect To Be Weighed.In making the determination under subsection (a)(3), the Commission shall consider whether forbearance from enforcing the provision or regulation will promote competitive market conditions, including the extent to which such forbearance will enhance competition among providers of telecommunications services. If":&"\+|'|'{{$" the Commission determines that such forbearance will promote competition among providers of telecommunications services, that determination may be the basis for a Commission finding that forbearance is in the public interest.  X-` ` (c) Petition for Forbearance.ĩAny telecommunications carrier, or class of telecommunications carriers, may submit a petition to the Commission requesting that the Commission exercise the authority granted under this section with respect to that carrier or those carriers, or any service offered by that carrier or carriers. Any such petition shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under subsection (a) within one year after the Commission receives it, unless the oneyear period is extended by the Commission. The Commission may extend the initial oneyear period by an additional 90 days if the Commission finds that an extension is necessary to meet the requirements of subsection (a). The Commission may grant or deny a petition in whole or in part and shall explain its decision in writing.  X -` ` (d) Limitation.Except as provided in section 251(f), the Commission may not forbear from applying the requirements of section 251(c) or 271 under subsection (a) of this section until it determines that those requirements have been fully implemented.  XK-` ` (e) State Enforcement After Commission Forbearance.A State commission may not continue to apply or enforce any provision of this Act that the Commission has determined to forbear from applying under subsection (a).  X- SEC. 11. [47 U.S.C. 161] REGULATORY REFORM.  X- ` ` (a) Biennial Review of Regulations.In every evennumbered year (beginning with 1998), the Commission X` `  (1) shall review all regulations issued under this Act in effect at the time of the review that apply to the operations or activities of any provider of telecommunications service; and ` X` `  (2) shall determine whether any such regulation is no longer necessary in the public interest as the result of meaningful economic competition between providers of such service. `  X -` ` (b) Effect of Determination.The Commission shall repeal or modify any regulation it determines to be no longer necessary in the public interest.  a<T#Z\  P58P#  s K #u\  P P#TITLE IICOMMON CARRIERS #Z\  P 58P#  X2"-T #XN\  P  XP#x  a#<#Z\  P 58P# O PART ICOMMON CARRIER REGULATION #XN\  P  XP#  X%$-Tx SEC. 201. [47 U.S.C. 201] SERVICE AND CHARGES.  X%- ` ` (a) It shall be the duty of every common carrier engaged in interstate or"%#\+|'|'{{$" foreign communication by wire or radio to furnish such communication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases where the Commission, after opportunity for hearing, finds such action necessary or desirable in the public interest, to establish physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes. ` ` (b) All charges, practices, classifications, and regulations for and in connection with such communication service, shall be just and reasonable, and any such charge, practice, classification, or regulation that is unjust or  X -unreasonable is hereby declared to be unlawful: Provided, That communications by wire or radio subject to this Act may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government and such other classes as the Commission may decide to be just and reasonable, and different charges may  X -be made for the different classes of comunications: Provided further, That nothing in this Act or in any other provision of law shall be construed to prevent a common carrier subject to this Act from entering into or operating under any contract with any common carrier not subject to this Act, for the exchange of their services, if the Commission is of the opinion that such  XO-contract is not contrary to the public interest: Provided further, That nothing in this Act or in any other provision of law shall prevent a common carrier subject to this Act from furnishing reports of positions of ships at sea to newspapers of general circulation, either at a nominal charge or without charge, provided the name of such common carrier is displayed along with such ship position reports. The Commissioner may prescribe such rules and regulations as may be necessary in the public interest to carry out the provisions of this Act.  X- SEC. 202. [47 U.S.C. 202] DISCRIMINATION AND PREFERENCES.  X- ` ` (a) It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage. ` ` (b) Charges or services, whenever referred to in this Act, include charges for, or services in connection with, the use of common carrier lines of communication, whether derived from wire or radio facilities, in chain broadcasting or incidental to radio communication of any kind. ` ` (c) Any carrier who knowingly violates the provisions of this section shall forfeit to the United States the sum of $6,000 for each such offense and $300 for each and every day of the continuance of such offense. "@&$\+|'|'{{$"Ԍ X- SEC. 203. [47 U.S.C. 203] SCHEDULES OF CHARGES.  X- ` ` (a) Every common carrier, except connecting carriers, shall, within such reasonable time as the Commission shall designate, file with the Commission and print and keep open for public inspection schedules showing all charges for itself and its connecting carriers for interstate and foreign wire or radio communication between the different points on its own system, and between points on its own system and points on the system of its connecting carriers or points on the system of any other carrier subject to this Act when a through route has been established, whether such charges are joint or separate, and showing the classifications, practices, and regulations affecting such charges. Such schedules shall contain such other information, and be printed in such form, and be posted and kept open for public inspection in such places, as the Commission may by regulation require, and each such schedule shall give notice of its effective date; and such common carrier shall furnish such schedules to each of its connecting carriers, and such connecting carriers shall keep such schedules open for inspection in such public places as the Commission may require. ` ` (b)(1) No change shall be made in the charges, classifications, regulations, or practices which have been so filed and published except after one hundred and twenty days notice to the Commission and to the public, which shall be published in such form and contain such information as the Commission may by regulations prescribe. ` ` (2) The Commission may, in its discretion and for good cause shown, modify any requirement made by or under the authority of this section either in particular instances or by general order applicable to special circumstances or conditions except that the Commission may not require the notice period specified in paragraph (1) to be more than one hundred and twenty days. ` ` (c) No carrier, unless otherwise provided by or under authority of this Act, shall engage or participate in such communication unless schedules have been filed and published in accordance with the provisions of this Act and with the regulations made thereunder; and no carrier shall (1) charge, demand, collect, or receive a greater or less or different compensation, for such communication, or for any service in connection therewith, between the points named in any such schedule than the charges specified in the schedule then in effect, or (2) refund or remit by any means or device any portion of the charges so specified, or (3) extend to any person any privileges or facilities, in such communication, or employ or enforce any classifications, regulations, or practices affecting such charges, except as specified in such schedule. ` ` (d) The Commission may reject and refuse to file any schedule entered for filing which does not provide and give lawful notice of its effective date. Any schedule so rejected by the Commission shall be void and its use shall be unlawful. ` ` (e) In case of failure or refusal on the part of any carrier to comply with":&%\+|'|'{{$" the provisions of this section or of any regulation or order made by the Commission thereunder, such carrier shall forfeit to the United States the sum of $6,000 for each such offense, and $300 for each and every day of the continuance of such offense.  X- SEC. 204. [47 U.S.C. 204] HEARING AS TO LAWFULNESS OF NEW CHARGES; SUSPENSION.  X_- ` ` (a)(1) Whenever there is filed with the Commission any new or revised charge, classification, regulation, or practice, the Commission may either upon complaint or upon its own initiative without complaint, upon reasonable notice, enter upon a hearing concerning the lawfulness thereof; and pending such hearing and the decision thereon the Commission, upon delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such charge, classification, regulation, or practice, in whole or in part but not for a longer period than five months beyond the time when it would otherwise go into effect; and after full hearing the Commission may make such order with reference thereto as would be proper in a proceeding initiated after such charge, classification, regulation, or practice had become effective. If the proceeding has not been concluded and an order made within the period of the suspension, the proposed new or revised charge, classification, regulation, or practice shall go into effect at the end of such period; but in case of a proposed charge for a new service or a revised charge, the Commission may by order require the interested carrier or carriers to keep accurate account of all amounts received by reason of such charge for a new service or revised charge, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require the interested carrier or carriers to refund, with interest, to the persons in whose behalf such amounts were paid, such portion of such charge for a new service or revised charges as by its decision shall be found not justified. At any hearing involving a new or revised charge, or a proposed new or revised charge, the burden of proof to show that the new or revised charge, or proposed charge, is just and reasonable shall be upon the carrier, and the Commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible. ` ` (2)(A) Except as provided in subparagraph (B), the Commission shall, with respect to any hearing under this section, issue an order concluding such hearing within 5 months after the date that the charge, classification, regulation, or practice subject to the hearing becomes effective. ` ` (B) The Commission shall, with respect to any such hearing initiated prior to the date of enactment of this paragraph, issue an order concluding the hearing not later than 12 months after such date of enactment. ` ` (C) Any order concluding a hearing under this section shall be a final":&&\+|'|'{{$" order and may be appealed under section 402(a). X` `  (3) A local exchange carrier may file with the Commission a new or revised charge, classification, regulation, or practice on a streamlined basis. Any such charge, classification, regulation, or practice shall be deemed lawful and shall be effective 7 days (in the case of a reduction in rates) or 15 days (in the case of an increase in rates) after the date on which it is filed with the Commission unless the Commission takes action under paragraph (1) before the end of that 7day or 15day period, as is appropriate. ` ` ` (b) Notwithstanding the provisions of subsection (a) of this section, the Commission may allow part of a charge, classification, regulation, or practice to go into effect, based upon a written showing by the carrier or carriers affected, and an opportunity for written comment thereon by affected persons, that such partial authorization is just, fair, and reasonable. Additionally, or in combination with a partial authorization, the Commission, upon a similar showing, may allow all or part of a charge, classification, regulation, or practice to go into effect on a temporary basis pending further order of the Commission. Authorizations of temporary new or increased charges may include an accounting order of the type provided for in subsection (a).  X4- SEC. 205. [47 U.S.C. 205] COMMISSION AUTHORIZED TO PRESCRIBE JUST AND REASONABLE CHARGES.  X- ` ` (a) Whenever, after full opportunity for hearing, upon a complaint or under an order for investigation and hearing made by the Commission on its own initiative, the Commission shall be of opinion that any charge, classification, regulation, or practice of any carrier or carriers is or will be in violation of any of the provisions of this Act, the Commission is authorized and empowered to determine and prescribe what will be the just and reasonable charge or the maximum or minimum, or maximum and minimum, charge or charges to be thereafter observed, and what classification, regulation, or practice is or will be just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall cease and desist from such violation to the extent that the Commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any charge other than the charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed. ` ` (b) Any carrier, any officer, representative, or agent of a carrier, or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of this section shall forfeit to the United States the sum of $12,000 for each offense. Every distinct violation shall be a separate offense, and in case of continuing violation each day shall be deemed a separate offense.":&'\+|'|'{{$"Ԍ X-ԙ SEC. 206. [47 U.S.C. 206] LIABILITY OF CARRIERS FOR DAMAGES.  X- ` ` In case any common carrier shall do, or cause or permit to be done, any act, matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this Act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this Act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case.  X - SEC. 207. [47 U.S.C. 207] RECOVERY OF DAMAGES. ` ` Any person claiming to be damaged by any common carrier subject to the provisions of this Act may either make complaint to the Commission as hereinafter provided for, or may bring suit for the recovery of the damages for which such common carrier may be liable under the provisions of this Act, in any district court of the United States of competent jurisdiction; but such person shall not have the right to pursue both such remedies.  Xb- SEC. 208. [47 U.S.C. 208] COMPLAINTS TO THE COMMISSION.  XK- ` ` (a) Any person, any body politic or municipal organization, or State commission, complaining of anything done or omitted to be done by any common carrier subject to this Act, in contravention of the provisions thereof, may apply to said Commission by petition which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time to be specified by the Commission. If such common carrier within the time specified shall make reparation for the injury alleged to have been caused, the common carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier or carriers shall not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. ` ` (b)(1) Except as provided in paragraph (2), the Commission shall, with respect to any investigation under this section of the lawfulness of a charge, classification, regulation, or practice, issue an order concluding such investigation within 5 months after the date on which the complaint was filed. ` ` (2) The Commission shall, with respect to any such investigation initiated prior to the date of enactment of this subsection, issue an order concluding the investigation not later than 12 months after such date of enactment.":&(\+|'|'{{$"Ԍ` ` (3) Any order concluding an investigation under paragraph (1) or (2) shall be a final order and may be appealed under section 402(a).  X- SEC. 209. [47 U.S.C. 209] ORDERS FOR PAYMENT OF MONEY.  X- ` ` If, after hearing on a complaint, the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of this Act, the Commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named.  XH- SEC. 210. [47 U.S.C. 210] FRANKS AND PASSES.  X - ` ` (a) Nothing in this Act or in any other provision of law shall be construed to prohibit common carriers from issuing or giving franks to, exchanging franks with each other for the use of, their officers, agents, employees, and their families, or subject to such rules as the Commission may prescribe, from issuing, giving, or exchanging franks and passes to or with other common carriers not subject to the provisions of this Act, for the use of their officers, agents, employees, and their families. The term ''employees,'' as used in this section, shall include furloughed, pensioned, and superannuated employees. ` ` (b) Nothing in this Act or in any other provision of law shall be construed to prohibit common carriers from rendering to any agency of the Government free service in connection with the preparation for the national  X-defense: Provided, That such free service may be rendered only in accordance with such rules and regulations as the Commission may prescribe therefor.  X- SEC. 211. [47 U.S.C. 211] COPIES OF CONTRACTS TO BE FILED.  X- ` ` (a) Every carrier subject to this Act shall file with the Commission copies of all contracts, agreements, or arrangements with other carriers, or with common carriers not subject to the provisions of this Act, in relation to any traffic affected by the provisions of this Act to which it may be a party. ` ` (b) The Commission shall have authority to require the filing of any other contracts of any carrier, and shall also have authority to exempt any carrier from submitting copies of such minor contracts as the Commission may determine.  X- SEC. 212. [47 U.S.C. 212] INTERLOCKING DIRECTORATESOFFICIALS DEALING IN SECURITIES.  X!- ` ` It shall be unlawful for any person to hold the position of officer or director of more than one carrier subject to this Act, unless such holding shall have been authorized by order of the Commission, upon due showing in form and manner prescribed by the Commission, that neither public nor private  XS%-interests will be adversely affected thereby: Provided, That the Commission may authorize persons to hold the position of officer or director in more than">&)\+|'|'{{$" one such carrier, without regard to the requirements of this section, where it has found that one of the two or more carriers directly or indirectly owns more than 50 per centum of the stock of the other or others, or that 50 per centum or more of the stock of all such carriers is directly or indirectly owned by the same person. After this section takes effect it shall be unlawful for any officer or director of any carrier subject to this Act to receive for his own benefit directly or indirectly, any money or thing of value in respect of negotiation, hypothecation, or sale of any securities issued or to be issued by such carriers, or to share in any of the proceeds thereof, or to participate in the making or paying of any dividends of such carriers from any funds properly included in capital account.  X - SEC. 213. [47 U.S.C. 213] VALUATION OF CARRIER PROPERTY.  X - ` ` (a) The Commission may from time to time, as may be necessary for the proper administration of this Act, and after opportunity for hearing, make a valuation of all or of any part of the property owned or used by any carrier subject to this Act, as of such date as the Commission may fix. ` ` (b) The Commission may at any time require any such carrier to file with the Commission an inventory of all or of any part of the property owned or used by said carrier, which inventory shall show the units of said property classified in such detail, and in such manner, as the Commission shall direct, and shall show the estimated cost of reproduction new of said units, and their reproduction cost new less depreciation, as of such date as the Commission may direct; and such carrier shall file such inventory within such reasonable time as the Commission by order shall require. ` ` (c) The Commission may at any time require any such carrier to file with the Commission a statement showing the original cost at the time of dedication to the public use of all or of any part of the property owned or used by said carrier. For the showing of such original cost said property shall be classified, and the original cost shall be defined, in such manner as the Commission may prescribe; and if any part of such cost cannot be determined from accounting or other records, the portion of the property for which such cost cannot be determined shall be reported to the Commission; and if the Commission shall so direct, the original cost thereof shall be estimated in such manner as the Commission may prescribe. If the carrier owning the property at the time such original cost is reported shall have paid more or less than the original cost to acquire the same, the amount of such cost of acquisition, and any facts which the Commission may require in connection therewith, shall be reported with such original cost. The report made by a carrier under this paragraph shall show the source or sources from which the original cost reported was obtained, and such other information as to the manner in which the report was prepared, as the Commission shall require. ` ` (d) Nothing shall be included in the original cost reported for the":&*\+|'|'{{$" property of any carrier under paragraph (c) of this section on account of any easement, license, or franchise granted by the United States or by any State or political subdivision thereof, beyond the reasonable necessary expense lawfully incurred in obtaining such easement, license, or franchise from the public authority aforesaid, which expense shall be reported separately from all other costs in such detail as the Commission may require; and nothing shall be included in any valuation of the property of any carrier made by the Commission on account of any such easement, license, or franchise, beyond such reasonable necessary expense lawfully incurred as aforesaid. ` ` (e) The Commission shall keep itself informed of all new construction, extensions, improvements, retirements, or other changes in the condition, quantity, use, and classification of the property of common carriers, and of the cost of all additions and betterments thereto and of all changes in the investment therein, and may keep itself informed of current changes in costs and values of carrier properties. ` ` (f) For the purpose of enabling the Commission to make a valuation of any of the property of any such carrier, or to find the original cost of such property, or to find any other facts concerning the same which are required for use by the Commission, it shall be the duty of each such carrier to furnish to the Commission, within such reasonable time as the Commission may order, any information with respect thereto which the Commission may by order require, including copies of maps, contracts, reports of engineers, and other data, records, and papers, and to grant to all agents of the Commission free access to its property and its accounts, records, and memoranda whenever and wherever requested by any such duly authorized agent, and to cooperate with and aid the Commission in the work of making any such valuation of finding in such manner and to such extent as the Commission may require and direct, and all rules and regulations made by the Commission for the purpose of administering this section shall have the full force and effect of law. Unless otherwise ordered by the Commission, with the reasons therefor, the records and data of the Commission shall be open to the inspection and examination of the public. The Commission, in making any such valuation, shall be free to adopt any method of valuation which shall be lawful. ` ` (g) Nothing in this section shall impair or diminish the powers of any State commission.  X - SEC. 214. [47 U.S.C. 214] EXTENSION OF LINES.  X!- ` ` (a) No carrier shall undertake the construction of a new line or of an extension of any line, or shall acquire or operate any line, or extension thereof, or shall engage in transmission over or by means of such additional or extended line, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of":&+\+|'|'{{$"  X-such additional or extended line: Provided, That no such certificate shall be required under this section for the construction, acquisition, or operation of (1) a line within a single State unless such line constitutes part of an interstate line, (2) local, branch, or terminal lines not exceeding ten miles in length, or (3) any  X-line acquired under section 221 of this Act: Provided further, That the Commission may, upon appropriate request being made, authorize temporary or emergency service, or the supplementing of existing facilities, without regard to the provisions of this section. No carrier shall discontinue, reduce, or impair service to a community, or part of a community, unless and until there shall first have been obtained from the Commission a certificate that neither the present nor future public convenience and necessity will be adversely affected thereby; except that the Commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduction, or impairment of service, or partial discontinuance, reduction, or impairment of service, without regard to the provisions of this section. As used in this section the term ''line'' means any channel of communication established by the use of appropriate equipment, other than a channel of communication established by  X}-the interconnection of two or more existing channels: Provided, however, That nothing in this section shall be construed to require a certificate or other authorization from the Commission for any installation, replacement, or other changes in plant, operation, or equipment, other than new construction, which will not impair the adequacy or quality of service provided. ` ` (b) Upon receipt of an application for any such certificate, the Commission shall cause notice thereof to be given to, and shall cause a copy of such application to be filed with, the Secretary of Defense, the Secretary of State (with respect to such applications involving service to foreign points), and the Governor of each State in which such line is proposed to be constructed, extended, acquired, or operated, or in which such discontinuance, reduction, or impairment of service is proposed, with the right to those notified to be heard; and the Commission may require such published notice as it shall determine. ` ` (c) The Commission shall have power to issue such certificate as applied for, to refuse to issue it, or to issue it for a portion or portions of a line, or extension thereof, or discontinuance, reduction, or impairment of service, described in the application, or for the partial exercise only of such right or privilege, and may attach to the issuance of the certificate such terms and conditions as in its judgment the public convenience and necessity may require. After issuance of such certificate, and not before, the carrier may, without securing approval other than such certificate, comply with the terms and conditions contained in or attached to the issuance of such certificate and proceed with the construction, extension, acquisition, operation, or discontinuance, reduction, or impairment of service covered thereby. Any construction, extension, acquisition, operation, discontinuance, reduction, or impairment of service contrary to the provisions of this section may be enjoined"@&,\+|'|'{{$" by any court of competent jurisdiction at the suit of the United States, the Commission, the State commission, any State affected, or any party in interest. ` ` (d) The Commission may, after full opportunity for hearing, in a proceeding upon complaint or upon its own initiative without complaint, authorize or require by order any carrier, party to such proceeding, to provide itself with adequate facilities for the expeditious and efficient performance of its service as a common carrier and to extend its line or to establish a public office; but no such authorization or order shall be made unless the Commission finds, as to such provision of facilities, as to such establishment of public offices, or as to such extension, that it is reasonably required in the interest of public convenience and necessity, or as to such extension or facilities that the expense involved therein will not impair the ability of the carrier to perform its duty to the public. Any carrier which refuses or neglects to comply with any order of the Commission made in pursuance of this paragraph shall forfeit to the United States $1,200 for each day during which such refusal or neglect continues.  X-` ` (e) Provision of Universal Service.  Xy-X` `  (1) Eligible telecommunications carriers.A common carrier designated as an eligible telecommunications carrier under paragraph (2) or (3) shall be eligible to receive universal service support in accordance with section 254 and shall, throughout the service area for which the designation is received ` X` ` X (A) offer the services that are supported by Federal universal service support mechanisms under section 254(c), either using its own facilities or a combination of its own facilities and resale of another carrier's services (including the services offered by another eligible telecommunications carrier); and X` ` X (B) advertise the availability of such services and the charges therefor using media of general distribution.  XN-X` `  (2) Designation of eligible telecommunications carriers.A State commission shall upon its own motion or upon request designate a common carrier that meets the requirements of paragraph (1) as an eligible telecommunications carrier for a service area designated by the State commission. Upon request and consistent with the public interest, convenience, and necessity, the State commission may, in the case of an area served by a rural telephone company, and shall, in the case of all other areas, designate more than one common carrier as an eligible telecommunications carrier for a service area designated by the State commission, so long as each additional requesting carrier meets the requirements of paragraph (1). Before designating an additional eligible telecommunications carrier for an area served by a rural telephone company, the State commission shall find that the designation":&-\+|'|'{{$" is in the public interest. `  X-X` `  (3) Designation of eligible telecommunications carriers  X-for unserved areas.If no common carrier will provide the services that are supported by Federal universal service support mechanisms under section 254(c) to an unserved community or any portion thereof that requests such service, the Commission, with respect to interstate services, or a State commission, with respect to intrastate services, shall determine which common carrier or carriers are best able to provide such service to the requesting unserved community or portion thereof and shall order such carrier or carriers to provide such service for that unserved community or portion thereof. Any carrier or carriers ordered to provide such service under this paragraph shall meet the requirements of paragraph (1) and shall be designated as an eligible telecommunications carrier for that community or portion thereof. `  X -X` `  (4) Relinquishment of universal service.A State commission shall permit an eligible telecommunications carrier to relinquish its designation as such a carrier in any area served by more than one eligible telecommunications carrier. An eligible telecommunications carrier that seeks to relinquish its eligible telecommunications carrier designation for an area served by more than one eligible telecommunications carrier shall give advance notice to the State commission of such relinquishment. Prior to permitting a telecommunications carrier designated as an eligible telecommunications carrier to cease providing universal service in an area served by more than one eligible telecommunications carrier, the State commission shall require the remaining eligible telecommunications carrier or carriers to ensure that all customers served by the relinquishing carrier will continue to be served, and shall require sufficient notice to permit the purchase or construction of adequate facilities by any remaining eligible telecommunications carrier. The State commission shall establish a time, not to exceed one year after the State commission approves such relinquishment under this paragraph, within which such purchase or construction shall be completed. `  X -X` `  (5) Service area defined.The term ''service area'' means a geographic area established by a State commission for the purpose of determining universal service obligations and support mechanisms. In the case of an area served by a rural telephone company, ''service area'' means such company's ''study area'' unless and until the Commission and the States, after taking into account recommendations of a FederalState Joint Board instituted under section 410(c), establish a different definition of service area for such company. `  X:&- SEC. 215. [47 U.S.C. 215] TRANSACTIONS RELATING TO SERVICES,":&.\+|'|'{{$" EQUIPMENT, AND SO FORTH.  X- ` ` (a) The Commission shall examine into transactions entered into by any common carrier which relate to the furnishing of equipment, supplies, research, services, finances, credit, or personnel to such carrier and/or which may affect the changes made or to be made and/or the services rendered or to be rendered by such carrier, in wire or radio communications subject to this Act, and shall report to the Congress whether any such transactions have affected or are likely to affect adversely the ability of the carrier to render adequate service to the public, or may result in any undue or unreasonable increase in charges or in the maintenance of undue or unreasonable charges for such service; and in order to fully examine into such transactions the Commission shall have access to and the right of inspection and examination of all accounts, records, and memoranda including all documents, papers, and correspondence now or hereafter existing, of persons furnishing such equipment, supplies, research, services, finances, credit, or personnel. The Commission shall include in its report its recommendations for necessary legislation in connection with such transactions, and shall report specifically whether in its opinion legislation should be enacted (1) authorizing the Commission to declare any such transactions void or to permit such transactions to be carried out subject to such modification of their terms and conditions as the Commission shall deem desirable in the public interest; and/or (2) subjecting such transactions to the approval of the Commission where the person furnishing or seeking to furnish the equipment, supplies, research, service, finances, credit or personnel is a person directly or indirectly controlling or controlled by, or under direct or indirect common control with, such carrier; and/or (3) authorizing the Commission to require that all or any transactions of carriers involving the furnishing of equipment, supplies, research, services, finances, credit, or personnel to such carrier be upon competitive bids on such terms and conditions and subject to such regulations as it shall prescribe as necessary in the public interest. ` ` (b) The Commission shall investigate the methods by which and the extent to which wire telephone companies are furnishing wire telegraph service and wire telegraph companies are furnishing wire telephone service, and shall report its findings to Congress together with its recommendations as to whether additional legislation on this subject is desirable. ` ` (c) The Commission shall examine all contracts of common carriers subject to this Act which prevent the other party thereto from dealing with another common carrier subject to this Act, and shall report its findings to Congress, together with its recommendations as to whether additional legislation on this subject is desirable.  X:&- SEC. 216. [47 U.S.C. 216] APPLICATION OF ACT TO RECEIVERS":&/\+|'|'{{$" AND TRUSTEES.  X- ` ` The provisions of this Act shall apply to all receivers and operating trustees of carriers subject to this Act to the same extent that it applies to carriers.  X- SEC. 217. [47 U.S.C. 217] LIABILITY OF CARRIER FOR ACTS AND OMISSIONS OF AGENTS.  X_- ` ` In construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any common carrier or user, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of such carrier or user as well as that of the person.  X - SEC. 218. [47 U.S.C. 218] INQUIRIES INTO MANAGEMENT. ` ` The Commission may inquire into the management of the business of all carriers subject to this Act, and shall keep itself informed as to the manner and method in which the same is conducted and as to technical developments and improvements in wire and radio communication and radio transmission of energy to the end that the benefits of new inventions and developments may be made available to the people of the United States. The Commission may obtain from such carriers and from persons directly or indirectly controlling or controlled by, or under direct or indirect common control with, such carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created.  X- SEC. 219. [47 U.S.C. 219] ANNUAL AND OTHER REPORTS.  X- ` ` (a) The Commission is authorized to require annual reports from all carriers subject to this Act, and from persons directly or indirectly controlling or controlled by, or under direct or indirect common control with, any such carrier, to prescribe the manner in which such reports shall be made, and to require from such persons specific answers to all questions upon which the Commission may need information. Except as otherwise required by the Commission, such annual reports shall show in detail the amount of capital stock issued, the amount and privileges of each class of stock, the amounts paid therefor, and the manner of payment for the same; the dividends paid and the surplus fund, if any; the number of stockholders (and the names of the thirty largest holders of each class of stock and the amount held by each); the funded and floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipment; the number of employees and the salaries paid each class; the names of all officers and directors, and the amount of salary, bonus, and all other compensation paid to each; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from":&0\+|'|'{{$" all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance sheet. Such reports shall also contain such information in relation to charges or regulations concerning charges, or agreements, arrangements, or contracts affecting the same, as the Commission may require. ` ` (b) Such reports shall be for such twelve months' period as the Commission shall designate and shall be filed with the Commission at its office in Washington within three months after the close of the year for which the report is made, unless additional time is granted in any case by the Commission; and if any person subject to the provisions of this section shall fail to make and file said annual reports within the time above specified, or within the time extended by the Commission, for making and filing the same, or shall fail to make specific answer to any question authorized by the provisions of this section within thirty days from the time it is lawfully required so to do, such person shall forfeit to the United States the sum of $1,200 for each and every day it shall continue to be in default with respect thereto. The Commission may by general or special orders require any such carriers to file monthly reports of earnings and expenses and to file periodical and/or special reports concerning any matters with respect to which the Commission is authorized or required by law to act. If any such carrier shall fail to make and file any such periodical or special report within the time fixed by the Commission, it shall be subject to the forefeitures above provided.  X- SEC. 220. [47 U.S.C. 220] ACCOUNTS, RECORDS, AND MEMORANDA; DEPRECIATION CHARGES  X- ` ` (a)(1) The Commission may, in its discretion, prescribe the forms of any and all accounts, records, and memoranda to be kept by carriers subject to this Act, including the accounts, records, and memoranda of the movement of traffic, as well as of the receipts and expenditures of moneys. ` ` (2) The Commission shall, by rule, prescribe a uniform system of accounts for use by telephone companies. Such uniform system shall require that each common carrier shall maintain a system of accounting methods, procedures, and techniques (including accounts and supporting records and memoranda) which shall ensure a proper allocation of all costs to and among telecommunications services, facilities, and products (and to and among classes of such services, facilities, and products) which are developed, manufactured, or offered by such common carrier. ` ` (b) The Commission may prescribe for such carriers as it determines to be appropriate, the classes of property for which depreciation charges may be properly included under operating expenses, and the percentages of depreciation which shall be charged with respect to each of such classes of property,":&1\+|'|'{{$" classifying the carriers as it may deem proper for this purpose. The Commission may, when it deems necessary, modify the classes and percentages so prescribed. Such carriers shall not, after the Commission has prescribed the classes of property for which depreciation charges may be included, charge to operating expenses any depreciation charges on classes of property other than those prescribed by the Commission, or, after the Commission has prescribed percentages of depreciation, charge with respect to any class of property a percentage of depreciation other than that prescribed therefor by the Commission. No such carrier shall in any case include in any form under its operating or other expenses any depreciation or other charge or expenditure included elsewhere as a depreciation charge or otherwise under its operating or other expenses. ` ` (c) The Commission shall at all times have access to and the right of inspection and examination of all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, and kept or required to be kept by such carriers, and the provisions of this section respecting the preservation and destruction of books, papers, and documents shall apply thereto. The burden of proof to justify every accounting entry questioned by the Commission shall be on the person making, authorizing, or requiring such entry and the Commission may suspend a charge or credit pending submission of proof by such person. Any provision of law prohibiting the disclosure of the contents of messages or communications shall not be deemed to prohibit the disclosure of any matter in accordance with the provisions of this section. The Commission may obtain the services of any person licensed to provide public accounting services under the law of any State to assist with, or conduct, audits under this section. While so employed or engaged in conducting an audit for the Commission under this section, any such person shall have the powers granted the Commission under this subsection and shall be subject to subsection (f) in the same manner as if that person were an employee of the Commission. ` ` (d) In case of failure or refusal on the part of any such carrier to keep such accounts, records, and memoranda on the books and in the manner prescribed by the Commission, or to submit such accounts, records, memoranda, documents, papers, and correspondence as are kept to the inspection of the Commission or any of its authorized agents, such carrier shall forfeit to the United States the sum of $6,000 for each day of the continuance of each such offense. ` ` (e) Any person who shall willfully make any false entry in the accounts of any book of accounts or in any record or memoranda kept by any such carrier, or who shall willfully destroy, mutilate, alter, or by any other means or device falsify any such account, record, or memoranda, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of the":&2\+|'|'{{$" carrier, shall be deemed guilty of a misdemeanor, and shall be subject, upon conviction, to a fine of not less than $1,000 nor more than $5,000 or imprisonment for a term of not less than one year nor more than three years, or  X-both such fine and imprisonment: Provided, That the Commission may in its descretion issue orders specifying such operating, accounting, or financial papers, records, books, blanks, or documents which may, after a reasonable time, be destroyed, and prescribing the length of time such books, papers, or documents shall be preserved. ` ` (f) No member, officer, or employee of the Commission shall divulge any fact or information which may come to his knowledge during the course of examination of books or other accounts, as hereinbefore provided, except insofar as he may be directed by the Commission or by a court. ` ` (g) After the Commission has prescribed the forms and manner of keeping of accounts, records, or memoranda to be kept by any person as herein provided, it shall be unlawful for such person to keep any other accounts, records, or memoranda than those so prescribed or such as may be approved by the Commission or to keep the accounts in any other manner than that prescribed or approved by the Commission. Notice of alterations by the Commission in the required manner or form of keeping accounts shall be given to such persons by the Commission at least six months before the same are to take effect. ` ` (h) The Commission may classify carriers subject to this Act and prescribe different requirements under this section for different classes of carriers, and may, if it deems such action consistent with the public interest, except the carriers of any particular class or classes in any State from any of the requirements under this section in cases where such carriers are subject to State commission regulation with respect to matters to which this section relates. ` ` (i) The Commission, before prescribing any requirements as to accounts, records, or memoranda, shall notify each State commission having jurisdiction with respect to any carrier involved, and shall give reasonabale opportunity to each such commission to present its views, and shall receive and consider such views and recommendations. ` ` (j) The Commission shall investigate and report to Congress as to the need for legislation to define further or harmonize the powers of the Commission and of State commissions with respect to matters to which this section relates.  X"- SEC. 221. [47 U.S.C. 221] SPECIAL PROVISIONS RELATING TO  X#-TELEPHONE COMPANIES. ` ` [(a) Repealed by Public Law 104104; 110 Stat. 143.] ` ` (b) Subject to the provisions of sections 225 and 301, nothing in this Act shall be construced to apply, or to give the Commission jurisdiction, with"<&3\+|'|'{{$" respect to charges, classifications, practices, services, facilities, or regulations for or in connection with wire, mobile, or pointtopoint radio telephone exchange service, or any combination thereof even though a portion of such exchange service constitutes interstate or foreign communication, in any case where such matters are subject to regulation by a State commission or by local governmental authority. ` ` (c) For the purpose of administering this Act as to carriers engaged in wire telephone communication, the Commission may classify the property of any such carrier used for wire telephone communication, and determine what property of said carrier shall be considered as used in interstate or foreign telephone toll service. Such classification shall be made after hearing, upon notice to the carrier, the State commission (or the Governor, if the State has no State commission) of any State in which the property of said carrier is located, and such other persons as the commission may prescribe. ?? Sec. 221 ` ` (d) In making a valuation of the property of any wire telephone carrier the Commission, after making the classification authorized in this section, may in its discretion value only that part of the property of such carrier determined to be used in interstate or foreign telephone toll service.  X4- SEC. 222. [47 U.S.C. 222] PRIVACY OF CUSTOMER INFORMATION.  X- ` ` (a) In General.Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunication carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.  X-` ` (b) Confidentiality of Carrier Information.A telecommunications carrier that receives or obtains proprietary information from another carrier for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts.  X7-` ` (c) Confidentiality of Customer Proprietary Network  X -Information.  X -X` `  (1) Privacy requirements for telecommunications  X-carriers.Except as required by law or with the approval of the customer, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to individually identifiable customer proprietary network information in its provision of (A) the telecommunications service from which such information is derived, or (B) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories. ` ":&4\+|'|'{{$"Ԍ X-X` `  (2) Disclosure on request by customers.A telecommunications carrier shall disclose customer proprietary network information, upon affirmative written request by the customer, to any person designated by the customer. `  X-X` `  (3) Aggregate customer information.A telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service may use, disclose, or permit access to aggregate customer information other than for the purposes described in paragraph (1). A local exchange carrier may use, disclose, or permit access to aggregate customer information other than for purposes described in paragraph (1) only if it provides such aggregate information to other carriers or persons on reasonable and nondiscriminatory terms and conditions upon reasonable request therefor. `  X -` ` (d) Exceptions.Nothing in this section prohibits a telecommunications carrier from using, disclosing, or permitting access to customer proprietary network information obtained from its customers, either directly or indirectly through its agents X` `  (1) to initiate, render, bill, and collect for telecommunications services; ` X` `  (2) to protect the rights or property of the carrier, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or ` X` `  (3) to provide any inbound telemarketing, referral, or administrative services to the customer for the duration of the call, if such call was initiated by the customer and the customer approves of the use of such information to provide such service. `  X-` ` (e) Subscriber List Information.Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides telephone exchange service shall provide subscriber list information gathered in its capacity as a provider of such service on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request for the purpose of publishing directories in any format.  X -` ` (f) Definitions.As used in this section:  X-X` `  (1) Customer proprietary network information.The term ''customer proprietary network information'' means ` X` ` X (A) information that relates to the quantity, technical configuration, type, destination, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier, and that is made available to the carrier by the customer solely by virtue of the carriercustomer relationship; and X` ` X (B) information contained in the bills pertaining to":&5\+|'|'{{$" telephone exchange service or telephone toll service received by a customer of a carrier; X` `  except that such term does not include subscriber list information. `  X-X` `  (2) Aggregate information.The term ''aggregate customer information'' means collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed. `  XH-X` `  (3) Subscriber list information.The term ''subscriber list information'' means any information ` X` ` X (A) identifying the listed names of subscribers of a carrier and such subscribers' telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses, or classifications; and X` ` X (B) that the carrier or an affiliate has published, caused to be published, or accepted for publication in any directory format.  XK- SEC. 223. [47 U.S.C. 223] OBSCENE OR HARASSING TELEPHONE CALLS IN THE DISTRICT OF COLUMBIA OR IN INTERSTATE OR FOREIGN COMMUNICATIONS.  X- ` ` (a) Whoever X` `  (1) in interstate or foreign communications ` X` ` X (A) by means of a telecommunications device knowingly X` ` X Xhh(i) makes, creates, or solicits, and  X` ` X Xhh(ii) initiates the transmission of,  X` ` X any comment, request, suggestion, proposal, image, or other communication which is obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person; X` ` X (B) by means of a telecommunications device knowingly X` ` X Xhh(i) makes, creates, or solicits, and  X` ` X Xhh(ii) initiates the transmission of,  X` ` X any comment, request, suggestion, proposal, image, or other communication which is obscene or indecent, knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication; X` ` X (C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or":&6\+|'|'{{$" communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications; X` ` X (D) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or X` ` X (E) makes repeated telephone calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass any person at the called number or who receives the communication; or X` `  (2) knowingly permits any telecommunications facility under his control to be used for any activity prohibited by paragraph (1) with the intent that it be used for such activity, ` ` ` shall be fined under title 18, United States Code, or imprisoned not more than two years, or both. ` ` (b)(1) Whoever knowingly X` `  (A) within the United States, by means of telephone, makes (directly or by recording device) any obscene communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or ` X` `  (B) permits any telephone facility under such person's control to be used for an activity prohibited by subparagraph (A), ` ` ` shall be fined in accordance with title 18, United States Code, or imprisoned not more than two years, or both. ` ` (2) Whoever knowingly X` `  (A) within the United States, by means of telephone, makes (directly or by recording device) any indecent communication for commercial purposes which is available to any person under 18 years of age or to any other person without that person's consent, regardless of whether the maker of such communication placed the call; or ` X` `  (B) permits any telephone facility under such person's control to be used for an activity prohibited by subparagraph (A), shall be fined not more than $50,000 or imprisoned not more than six months, or both. ` ` ` (3) It is a defense to prosecution under paragraph (2) of this subsection that the defendant restricted access to the prohibited communication to persons 18 years of age or older in accordance with subsection (c) of this section and with such procedures as the Commission may prescribe by regulation. ` ` (4) In addition to the penalties under paragraph (1), whoever, within the United States, intentionally violates paragraph (1) or (2) shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. ` ` (5)(A) In addition to the penalties under paragraphs (1), (2), and (5),":&7\+|'|'{{$" whoever, within the United States, violates paragraph (1) or (2) shall be subject to a civil fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. ` ` (B) A fine under this paragraph may be assessed either X` `  (i) by a court, pursuant to civil action by the Commission or any attorney employed by the Commission who is designated by the Commission for such purposes, or ` X` `  (ii) by the Commission after appropriate administrative proceedings. ` ` ` (6) The Attorney General may bring a suit in the appropriate district court of the United States to enjoin any act or practice which violates paragraph (1) or (2). An injunction may be granted in accordance with the Federal Rules of Civil Procedure. ` ` (c)(1) A common carrier within the District of Columbia or within any State, or in interstate or foreign commerce, shall not, to the extent technically feasible, provide access to a communication specified in subsection (b) from the telephone of any subscriber who has not previously requested in writing the carrier to provide access to such communication if the carrier collects from subscribers an identifiable charge for such communication that the carrier remits, in whole or in part, to the provider of such commuication. ` ` (2) Except as provided in paragraph (3), no cause of action may be brought in any court or administrative agency against any common carrier, or any of its affiliates, including their officers, directors, employees, agents, or authorized representatives on account of X` `  (A) any action which the carrier demonstrates was taken in good faith to restrict access pursuant to paragraph (1) of this subsection; or ` X` `  (B) any access permitted ` X` ` X (i) in good faith reliance upon the lack of any representation by a provider of communciations that communications provided by that provider are communications specified in subsection (b), or X` ` X (ii) because a specific representation by the provider did not allow the carrier, acting in good faith, a sufficient period to restrict access to communications described in subsection (b). ` ` (3) Notwithstanding paragraph (2) of this subsection, a provider of communications services to which subscribers are denied access pursuant to paragraph (1) of this subsection may bring an action for a declaratory judgment or similar action in a court. Any such action shall be limited to the question of whether the communications which the provider seeks to provide fall within the category of communications to which the carrier will provide access only to subscribers who have previously requested such access. ` ` (d) Whoever X` `  (1) in interstate or foreign communications knowingly ` ":&8\+|'|'{{$"ԌX` ` X (A) uses an interactive computer service to send to a specific person or persons under 18 years of age, or X` ` X (B) uses any interactive computer service to display in a manner available to a person under 18 years of age, X` `  any comment, request, suggestion, proposal, image, or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs, regardless of whether the user of such service placed the call or initiated the communication; or ` X` `  (2) knowingly permits any telecommunications facility under such person's control to be used for an activity prohibited by paragraph (1) with the intent that it be used for such activity, ` ` ` shall be fined under title 18, United States Code, or imprisoned not more than two years, or both. ` ` (e) In addition to any other defenses available by law: X` `  (1) No person shall be held to have violated subsection (a) or (d) solely for providing access or connection to or from a facility, system, or network not under that person's control, including transmission, downloading, intermediate storage, access software, or other related capabilities that are incidental to providing such access or connection that does not include the creation of the content of the communication. ` X` `  (2) The defenses provided by paragraph (1) of this subsection shall not be applicable to a person who is a conspirator with an entity actively involved in the creation or knowing distribution of communications that violate this section, or who knowingly advertises the availability of such communications. ` X` `  (3) The defenses provided in paragraph (1) of this subsection shall not be applicable to a person who provides access or connection to a facility, system, or network engaged in the violation of this section that is owned or controlled by such person. ` X` `  (4) No employer shall be held liable under this section for the actions of an employee or agent unless the employee's or agent's conduct is within the scope of his or her employment or agency and the employer (A) having knowledge of such conduct, authorizes or ratifies such conduct, or (B) recklessly disregards such conduct. ` X` `  (5) It is a defense to a prosecution under subsection (a)(1)(B) or (d), or under subsection (a)(2) with respect to the use of a facility for an activity under subsection (a)(1)(B) that a person ` X` ` X (A) has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by minors to a communication specified in such subsections, which may involve any appropriate measures to restrict minors from such communications, including any method":&9\+|'|'{{$" which is feasible under available technology; or X` ` X (B) has restricted access to such communication by requiring use of a verified credit card, debit account, adult access code, or adult personal identification number. X` `  (6) The Commission may describe measures which are reasonable, effective, and appropriate to restrict access to prohibited communications under subsection (d). Nothing in this section authorizes the Commission to enforce, or is intended to provide the Commission with the authority to approve, sanction, or permit, the use of such measures. The Commission shall have no enforcement authority over the failure to utilize such measures. The Commission shall not endorse specific products relating to such measures. The use of such measures shall be admitted as evidence of good faith efforts for purposes of paragraph (5) in any action arising under subsection (d). Nothing in this section shall be construed to treat interactive computer services as common carriers or telecommunications carriers. ` ` ` (f)(1) No cause of action may be brought in any court or administrative agency against any person on account of any activity that is not in violation of any law punishable by criminal or civil penalty, and that the person has taken in good faith to implement a defense authorized under this section or otherwise to restrict or prevent the transmission of, or access to, a communication specified in this section. ` ` (2) No State or local government may impose any liability for commercial activities or actions by commercial entities, nonprofit libraries, or institutions of higher education in connection with an activity or action described in subsection (a)(2) or (d) that is inconsistent with the treatment of  X-those activities or actions under this section: Provided, however, That nothing herein shall preclude any State or local government from enacting and enforcing complementary oversight, liability, and regulatory systems, procedures, and requirements, so long as such systems, procedures, and requirements govern only intrastate services and do not result in the imposition of inconsistent rights, duties or obligations on the provision of interstate services. Nothing in this subsection shall preclude any State or local government from governing conduct not covered by this section. ` ` (g) Nothing in subsection (a), (d), (e), or (f) or in the defenses to prosecution under subsection (a) or (d) shall be construed to affect or limit the application or enforcement of any other Federal law. ` ` (h) For purposes of this section X` `  (1) The use of the term ''telecommunications device'' in this section ` X` ` X (A) shall not impose new obligations on broadcasting station licensees and cable operators covered by obscenity and indecency provisions elsewhere in this Act; and "<&:\+|'|'{{$"ԌX` ` X (B) does not include an interactive computer service. X` `  (2) The term ''interactive computer service'' has the meaning provided in section 230(e)(2). ` X` `  (3) The term ''access software'' means software (including client or server software) or enabling tools that do not create or provide the content of the communication but that allow a user to do any one or more of the following: ` X` ` X (A) filter, screen, allow, or disallow content; X` ` X (B) pick, choose, analyze, or digest content; or X` ` X (C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content. X` `  (4) The term ''institution of higher education'' has the meaning provided in section 1201 of the Higher Education Act of 1965 (20 U.S.C. 1141). ` X` `  (5) The term ''library'' means a library eligible for participation in Statebased plans for funds under title III of the Library Services and Construction Act (20 U.S.C. 355e et seq.). `  Xb- SEC. 224. [47 U.S.C. 224] REGULATION OF POLE ATTACHMENTS.  XK- ` ` (a) As used in this section: ` ` (1) The term ''utility'' means any person who is a local exchange carrier or an electric, gas, water, steam, or other public utility, and who owns or controls poles, ducts, conduits, or rightsofway used, in whole or in part, for any wire communications. Such term does not include any railroad, any person who is cooperatively organized, or any person owned by the Federal Government or any State. ` ` (2) The term ''Federal Government'' means the Government of the United States or any agency or instrumentality thereof. ` ` (3) The term ''State'' means any State, territory, or possession of the United States, the District of Columbia, or any political subdivision, agency, or instrumentality thereof. ` ` (4) The term ''pole attachment'' means any attachment by a cable television system or provider of telecommunications service to a pole, duct, conduit, or rightofway owned or controlled by a utility. X` `  (5) For purposes of this section, the term ''telecommunications carrier'' (as defined in section 3 of this Act) does not include any incumbent local exchange carrier as defined in section 251(h). ` ` ` (b)(1) Subject to the provisions of subsection (c) of this section, the Commission shall regulate the rates, terms, and conditions for pole attachments to provide that such rates, terms, and conditions are just and reasonable, and shall adopt procedures necessary and appropriate to hear and resolve complaints concerning such rates, terms, and conditions. For purposes of enforcing any determinations resulting from complaint procedures established pursuant to this":&;\+|'|'{{$" subsection, the Commission shall take such action as it deems appropriate and necessary, including issuing cease and desist orders, as authorized by section 312(b) of title III of the Communications Act of 1934, as amended. ` ` (2) The Commission shall prescribe by rule regulations to carry out the provisions of this section. ` ` (c)(1) Nothing in this section shall be construed to apply to, or to give the Commission jurisdiction with respect to rates, terms, and conditions, or access to poles, ducts, conduits, and rightsofway as provided in subsection (f), for pole attachments in any case where such matters are regulated by a State. ` ` (2) Each State which regulates the rates, terms, and conditions for pole attachments shall certify to the Commission that X` `  (A) it regulates such rates, terms, and conditions; and ` X` `  (B) in so regulating such rates, terms, and conditions, the State has the authority to consider and does consider the interests of the subscribers of the services offered via such attachments, as well as the interests of the consumers of the utility services. ` ` ` (3) For purposes of this subsection, a State shall not be considered to regulate the rates, terms, and conditions for pole attachments X` `  (A) unless the State has issued and made effective rules and regulations implementing the State's regulatory authority over pole attachments; and ` X` `  (B) with respect to any individual matter, unless the State takes final action on a complaint regarding such matter ` X` ` X (i) within 180 days after the complaint is filed with the State, or X` ` X (ii) within the applicable period prescribed for such final action in such rules and regulations of the State, if the prescribed period does not extend beyond 360 days after the filing of such complaint. ` ` (d)(1) For purposes of subsection (b) of this section, a rate is just and reasonable if it assures a utility the recovery of not less than the additional costs of providing pole attachments, nor more than an amount determined by multiplying the percentage of the total usable space, or the percentage of the total duct or conduit capacity, which is occupied by the pole attachment by the sum of the operating expenses and actual capital costs of the utility attributable to the entire pole, duct, conduit, or rightofway. ` ` (2) As used in this subsection, the term ''usable space'' means the space above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment. ` ` (3) This subsection shall apply to the rate for any pole attachment used by a cable television system solely to provide cable service. Until the effective date of the regulations required under subsection (e), this subsection shall also apply to the rate for any pole attachment used by a cable system or any":&<\+|'|'{{$" telecommunications carrier (to the extent such carrier is not a party to a pole attachment agreement) to provide any telecommunications service. ` ` (e)(1) The Commission shall, no later than 2 years after the date of enactment of the Telecommunications Act of 1996, prescribe regulations in accordance with this subsection to govern the charges for pole attachments used by telecommunications carriers to provide telecommunications services, when the parties fail to resolve a dispute over such charges. Such regulations shall ensure that a utility charges just, reasonable, and nondiscriminatory rates for pole attachments. ` ` (2) A utility shall apportion the cost of providing space on a pole, duct, conduit, or rightofway other than the usable space among entities so that such apportionment equals twothirds of the costs of providing space other than the usable space that would be allocated to such entity under an equal apportionment of such costs among all attaching entities. ` ` (3) A utility shall apportion the cost of providing usable space among all entities according to the percentage of usable space required for each entity. ` ` (4) The regulations required under paragraph (1) shall become effective 5 years after the date of enactment of the Telecommunications Act of 1996. Any increase in the rates for pole attachments that result from the adoption of the regulations required by this subsection shall be phased in equal annual increments over a period of 5 years beginning on the effective date of such regulations. ` ` (f)(1) A utility shall provide a cable television system or any telecommunications carrier with nondiscriminatory access to any pole, duct, conduit, or rightofway owned or controlled by it. ` ` (2) Notwithstanding paragraph (1), a utility providing electric service may deny a cable television system or any telecommunications carrier access to its poles, ducts, conduits, or rightsofway, on a nondiscriminatory basis where there is insufficient capacity and for reasons of safety, reliability and generally applicable engineering purposes. ` ` (g) A utility that engages in the provision of telecommunications services or cable services shall impute to its costs of providing such services (and charge any affiliate, subsidiary, or associate company engaged in the provision of such services) an equal amount to the pole attachment rate for which such company would be liable under this section. ` ` (h) Whenever the owner of a pole, duct, conduit, or rightofway intends to modify or alter such pole, duct, conduit, or rightofway, the owner shall provide written notification of such action to any entity that has obtained an attachment to such conduit or rightofway so that such entity may have a reasonable opportunity to add to or modify its existing attachment. Any entity that adds to or modifies its existing attachment after receiving such notification shall bear a proportionate share of the costs incurred by the owner in making such pole, duct, conduit, or rightofway accessible.":&=\+|'|'{{$"Ԍ` ` (i) An entity that obtains an attachment to a pole, conduit, or rightofway shall not be required to bear any of the costs of rearranging or replacing its attachment, if such rearrangement or replacement is required as a result of an additional attachment or the modification of an existing attachment sought by any other entity (including the owner of such pole, duct, conduit, or rightofway).  X_- SEC. 225. [47 U.S.C. 225] TELECOMMUNICATIONS SERVICES FOR HEARINGIMPAIRED AND SPEECHIMPAIRED INDIVIDUALS.  X1- ` ` (a) Definitions.As used in this section  X -X` `  (1) Common carrier or carrier.The term ''common carrier'' or ''carrier'' includes any common carrier engaged in interstate communication by wire or radio as defined in section 3 and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 2(b) and 221(b). `  X -X` `  (2) TDD.The term ''TDD'' means a Telecommunications Device for the Deaf, which is a machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. `  XK-X` `  (3) Telecommunications relay services.The term ''telecommunications relay services'' means telephone transmission services that provide the ability for an individual who has a hearing impairment or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing impairment or speech impairment to communicate using voice communication services by wire or radio. Such term includes services that enable twoway communication between an individual who uses a TDD or other nonvoice terminal device and an individual who does not use such a device. `  XN-` ` (b) Availability of Telecommunications Relay Services.  X7-X` `  (1) In general.In order to carry out the purposes established under section 1, to make available to all individuals in the United States a rapid, efficient nationwide communication service, and to increase the utility of the telephone system of the Nation, the Commission shall ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficient manner, to hearingimpaired and speechimpaired individuals in the United States. `  X"-X` `  (2) Use of General Authority and Remedies.For the purposes of administering and enforcing the provisions of this section and the regulations prescribed thereunder, the Commission shall have the same authority, power, and functions with respect to common carriers engaged in intrastate communication as the Commission has in":&>\+|'|'{{$" administering and enforcing the provisions of this title with respect to any common carrier engaged in interstate communication. Any violation of this section by any common carrier engaged in intrastate communication shall be subject to the same remedies, penalties, and procedures as are applicable to a violation of this Act by a common carrier engaged in interstate communication. `  Xv-` ` (c) Provision of Services.Each common carrier providing telephone voice transmission services shall, not later than 3 years after the date of enactment of this section, provide in compliance with the regulations prescribed under this section, throughout the area in which it offers service, telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. A common carrier shall be considered to be in compliance with such regulations X` `  (1) with respect to intrastate telecommunications relay services in any State that does not have a certified program under subsection (f) and with respect to interstate telecommunications relay services, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the Commission's regulations under subsection (d); or ` X` `  (2) with respect to intrastate telecommunications relay services in any State that has a certified program under subsection (f) for such State, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the program certified under subsection (f) for such State. `  X-` ` (d) Regulations.  X-X` `  (1) In general.The Commission shall, not later than 1 year after the date of enactment of this section, prescribe regulations to implement this section, including regulations that ` X` ` X (A) establish functional requirements, guidelines, and operations procedures for telecommunications relay services; X` ` X (B) establish minimum standards that shall be met in carrying out subsection (c); X` ` X (C) require that telecommunications relay services operate every day for 24 hours per day; X` ` X (D) require that users of telecommunications relay services pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination; X` ` X (E) prohibit relay operators from failing to fulfill the obligations of common carriers by refusing calls or limiting the length of calls that use telecommunications relay services; X` ` X (F) prohibit relay operators from disclosing the content of":&?\+|'|'{{$" any relayed conversation and from keeping records of the content of any such conversation beyond the duration of the call; and X` ` X (G) prohibit relay operators from intentionally altering a relayed conversation.  X-X` `  (2) Technology.The Commission shall ensure that regulations prescribed to implement this section encourage, consistent with section 7(a) of this Act, the use of existing technology and do not discourage or impair the development of improved technology. `  XH-X` `  (3) Jurisdictional separation of costs. `  X1-X` ` X (A) In general.Consistent with the provisions of section 410 of this Act, the Commission shall prescribe regulations governing the jurisdictional separation of costs for the services provided pursuant to this section.  X -X` ` X (B) Recovering costs.Such regulations shall generally provide that costs caused by interstate telecommunications relay services shall be recovered from all subscribers for every interstate service and costs caused by intrastate telecommunications relay services shall be recovered from the intrastate jurisdiction. In a State that has a certified program under subsection (f), a State commission shall permit a common carrier to recover the costs incurred in providing intrastate telecommunications relay services by a method consistent with the requirements of this section.  X-` ` (e) Enforcement.  X-X` `  (1) In general.Subject to subsections (f) and (g), the Commission shall enforce this section. `  X-X` `  (2) Complaint.The Commission shall resolve, by final order, a complaint alleging a violation of this section within 180 days after the date such complaint is filed. `  Xe-` ` (f) Certification.  XN-X` `  (1) State documentation.Any State desiring to establish a State program under this section shall submit documentation to the Commission that describes the program of such State for implementing intrastate telecommunications relay services and the procedures and remedies available for enforcing any requirements imposed by the State program. `  X -X` `  (2) Requirements for certification.After review of such documentation, the Commission shall certify the State program if the Commission determines that ` X` ` X (A) the program makes available to hearingimpaired and speechimpaired individuals, either directly, through designees, through a competitively selected vendor, or through regulation of intrastate common carriers, intrastate telecommunications relay":&@\+|'|'{{$" services in such State in a manner that meets or exceeds the requirements of regulations prescribed by the Commission under subsection (d); and X` ` X (B) the program makes available adequate procedures and remedies for enforcing the requirements of the State program.  X-X` `  (3) Method of funding.Except as provided in subsection (d), the Commission shall not refuse to certify a State program based solely on the method such State will implement for funding intrastate telecommunication relay services. `  X1-X` `  (4) Suspension or revocation of certification.The Commission may suspend or revoke such certification if, after notice and opportunity for hearing, the Commission determines that such certification is no longer warranted. In a State whose program has been suspended or revoked, the Commission shall take such steps as may be necessary, consistent with this section, to ensure continuity of telecommunications relay services. `  X-` ` (g) Complaint.  Xy-X` `  (1) Referral of complaint.If a complaint to the Commission alleges a violation of this section with respect to intrastate telecommunications relay services within a State and certification of the program of such State under subsection (f) is in effect, the Commission shall refer such complaint to such State. `  X-X` `  (2) Jurisdiction of commission.After referring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if ` X` ` X (A) final action under such State program has not been taken on such complaint by such State X` ` X Xhh(i) within 180 days after the complaint is filed with such State; or  X` ` X Xhh(ii) within a shorter period as prescribed by the regulations of such State; or  X` ` X (B) the Commission determines that such State program is no longer qualified for certification under subsection (f).  X- SEC. 226. [47 U.S.C. 226] TELEPHONE OPERATOR SERVICES.  X- ` ` (a) Definitions.As used in this section X` `  (1) The term ''access code'' means a sequence of numbers that, when dialed, connect the caller to the provider of operator services associated with that sequence. ` X` `  (2) The term ''aggregator'' means any person that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises, for interstate telephone calls using a provider of operator services. ` ":&A\+|'|'{{$"ԌX` `  (3) The term ''call splashing'' means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such location. ` X` `  (4) The term ''consumer'' means a person initiating any interstate telephone call using operator services. ` X` `  (5) The term ''equal access'' has the meaning given that term in Appendix B of the Modification of Final Judgment entered August 24, 1982, in United States v. Western Electric, Civil Action No. 820192 (United States District Court, District of Columbia), as amended by the Court in its orders issued prior to the enactment of this section. ` X` `  (6) The term ''equal access code'' means an access code that allows the public to obtain an equal access connection to the carrier associated with that code. ` X` `  (7) The term ''operator services'' means any interstate telecommunications service initiated from an aggregator location that includes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of an interstate telephone call through a method other than ` X` ` X (A) automatic completion with billing to the telephone from which the call originated; or X` ` X (B) completion through an access code used by the consumer, with billing to an account previously established with the carrier by the consumer. X` `  (8) The term ''presubscribed provider of operator services'' means the interstate provider of operator services to which the consumer is connected when the consumer places a call using a provider of operator services without dialing an access code. ` X` `  (9) The term ''provider of operator services'' means any common carrier that provides operator services or any other person determined by the Commission to be providing operator services. `  X -` ` (b) Requirements for Providers of Operator Services.  X-X` `  (1) In general.Beginning not later than 90 days after the date of enactment of this section, each provider of operator services shall, at a minimum ` X` ` X (A) identify itself, audibly and distinctly, to the consumer at the beginning of each telephone call and before the consumer incurs any charge for the call; X` ` X (B) permit the consumer to terminate the telephone call at no charge before the call is connected; X` ` X (C) disclose immediately to the consumer, upon request":&B\+|'|'{{$" and at no charge to the consumer X` ` X Xhh(i) a quote of its rates or charges for the call;  X` ` X Xhh(ii) the methods by which such rates or charges will be collected; and  X` ` X Xhh(iii) the methods by which complaints concerning such rates, charges, or collection practices will be resolved;  X` ` X (D) ensure, by contract or tariff, that each aggregator for which such provider is the presubscribed provider of operator services is in compliance with the requirements of subsection (c) and, if applicable, subsection (e)(1); X` ` X (E) withhold payment (on a locationbylocation basis) of any compensation, including commissions, to aggregators if such provider reasonably believes that the aggregator (i) is blocking access by means of ''950'' or ''800'' numbers to interstate common carriers in violation of subsection (c)(1)(B) or (ii) is blocking access to equal access codes in violation of rules the Commission may prescribe under subsection (e)(1); X` ` X (F) not bill for unanswered telephone calls in areas where equal access is available; X` ` X (G) not knowingly bill for unanswered telephone calls where equal access is not available; X` ` X (H) not engage in call splashing, unless the consumer requests to be transferred to another provider of operator services, the consumer is informed prior to incurring any charges that the rates for the call may not reflect the rates from the actual originating location of the call, and the consumer then consents to be transferred; and X` ` X (I) except as provided in subparagraph (H), not bill for a call that does not reflect the location of the origination of the call.  X7-X` `  (2) Additional requirements for first 3 years.In addition to meeting the requirements of paragraph (1), during the 3year period beginning on the date that is 90 days after the date of enactment of this section, each presubscribed provider of operator services shall identify itself audibly and distinctly to the consumer, not only as required in paragraph (1)(A), but also for a second time before connecting the call and before the consumer incurs any charge. `  X"-` ` (c) Requirements for Aggregators.  X#-X` `  (1) In general.Each aggregator, beginning not later than 90 days after the date of enactment of this section, shall ` X` ` X (A) post on or near the telephone instrument, in plain view of consumers ":&C\+|'|'{{$"ԌX` ` X Xhh(i) the name, address, and tollfree telephone number of the provider of operator services;  X` ` X Xhh(ii) a written disclosure that the rates for all operatorassisted calls are available on request, and that consumers have a right to obtain access to the interstate common carrier of their choice and may contact their preferred interstate common carriers for information on accessing that carrier's service using that telephone; and  X` ` X Xhh(iii) the name and address of the enforcement division of the Common Carrier Bureau of the Commission, to which the consumer may direct complaints regarding operator services;  X` ` X (B) ensure that each of its telephones presubscribed to a provider of operator services allows the consumer to use ''800'' and ''950'' access code numbers to obtain access to the provider of operator services desired by the consumer; and X` ` X (C) ensure that no charge by the aggregator to the consumer for using an ''800'' or ''950'' access code number, or any other access code number, is greater than the amount the aggregator charges for calls placed using the presubscribed provider of operator services.  X-X` `  (2) Effect of state law or regulation.The requirements of paragraph (1)(A) shall not apply to an aggregator in any case in which State law or State regulation requires the aggregator to take actions that are substantially the same as those required in paragraph (1)(A). `  X-` ` (d) General Rulemaking Required.  X-X` `  (1) Rulemaking proceeding.The Commission shall conduct a rulemaking proceeding pursuant to this title to prescribe regulations to ` X` ` X (A) protect consumers from unfair and deceptive practices relating to their use of operator services to place interstate telephone calls; and X` ` X (B) ensure that consumers have the opportunity to make informed choices in making such calls.  X-X` `  (2) Contents of regulations.The regulations prescribed under this section shall ` X` ` X (A) contain provisions to implement each of the requirements of this section, other than the requirements established by the rulemaking under subsection (e) on access and compensation; and X` ` X (B) contain such other provisions as the Commission determines necessary to carry out this section and the purposes and policies of this section. ":&D\+|'|'{{$"Ԍ X-X` `  (3) Additional requirements to be implemented by  X-regulations.The regulations prescribed under this section shall, at a minimum ` X` ` X (A) establish minimum standards for providers of operator services and aggregators to use in the routing and handling of emergency telephone calls; and X` ` X (B) establish a policy for requiring providers of operator services to make public information about recent changes in operator services and choices available to consumers in that market.  X -` ` (e) Separate Rulemaking on Access and Compensation.  X -X` `  (1) Access.The Commission, shall require ` X` ` X (A) that each aggregator ensure within a reasonable time that each of its telephones presubscribed to a provider of operator services allows the consumer to obtain access to the provider of operator services desired by the consumer through the use of an equal access code; or X` ` X (B) that all providers of operator services, within a reasonable time, make available to their customers a ''950'' or ''800'' access code number for use in making operator services calls from anywhere in the United States; or X` ` X (C) that the requirements described under both subparagraphs (A) and (B) apply.  X-X` `  (2) Compensation.The Commission shall consider the need to prescribe compensation (other than advance payment by consumers) for owners of competitive public pay telephones for calls routed to providers of operator services that are other than the presubscribed provider of operator services for such telephones. Within 9 months after the date of enactment of this section, the Commission shall reach a final decision on whether to prescribe such compensation. `  XN-` ` (f) Technological Capability of Equipment.Any equipment and software manufactured or imported more than 18 months after the date of enactment of this section and installed by any aggregator shall be technologically capable of providing consumers with access to interstate providers of operator services through the use of equal access codes.  X-` ` (g) Fraud.In any proceeding to carry out the provisions of this section, the Commission shall require such actions or measures as are necessary to ensure that aggregators are not exposed to undue risk of fraud.  X"-` ` (h) Determinations of Rate Compliance.  X#-X` `  (1) Filing of informational tariff. `  Xh$-X` ` X (A) In general.Each provider of operator services shall file, within 90 days after the date of enactment of this section, and shall maintain, update regularly, and keep open for public":&E\+|'|'{{$" inspection, an informational tariff specifying rates, terms, and conditions, and including commissions, surcharges, any fees which are collected from consumers, and reasonable estimates of the amount of traffic priced at each rate, with respect to calls for which operator services are provided. Any changes in such rates, terms, or conditions shall be filed no later than the first day on which the changed rates, terms, or conditions are in effect.  X_-X` ` X (B) Waiver authority.The Commission may, after 4 years following the date of enactment of this section, waive the requirements of this paragraph only if X` ` X Xhh(i) the findings and conclusions of the Commission in the final report issued under paragraph (3)(B)(iii) state that the regulatory objectives specified in subsection (d)(1) (A) and (B) have been achieved; and  X` ` X Xhh(ii) the Commission determines that such waiver will not adversely affect the continued achievement of such regulatory objectives.   Xy-X` `  (2) Review of informational tariffs.If the rates and charges filed by any provider of operator services under paragraph (1) appear upon review by the Commission to be unjust or unreasonable, the Commission may require such provider of operator services to do either or both of the following: ` X` ` X (A) demonstrate that its rates and charges are just and reasonable, and X` ` X (B) announce that its rates are available on request at the beginning of each call.  X-X` `  (3) Proceeding required. `  X-X` ` X (A) In general.Within 60 days after the date of enactment of this section, the Commission shall initiate a proceeding to determine whether the regulatory objectives specified in subsection (d)(1) (A) and (B) are being achieved. The proceeding shall X` ` X Xhh(i) monitor operator service rates;  X` ` X Xhh(ii) determine the extent to which offerings made by providers of operator services are improvements, in terms of service quality, price, innovation, and other factors, over those available before the entry of new providers of operator services into the market;  X` ` X Xhh(iii) report on (in the aggregate and by individual provider) operator service rates, incidence of service complaints, and service offerings;  X` ` X Xhh(iv) consider the effect that commissions and surcharges, billing and validation costs, and other costs of":&F\+|'|'{{$" doing business have on the overall rates charged to consumers; and  X` ` X Xhh(v) monitor compliance with the provisions of this section, including the periodic placement of telephone calls from aggregator locations.   X-X` ` X (B) Reports.(i) The Commission shall, during the pendency of such proceeding and not later than 5 months after its commencement, provide the Congress with an interim report on the Commission's activities and progress to date. X` ` X (ii) Not later than 11 months after the commencement of such proceeding, the Commission shall report to the Congress on its interim findings as a result of the proceeding. X` ` X (iii) Not later than 23 months after the commencement of such proceeding, the Commission shall submit a final report to the Congress on its findings and conclusions.  X -X` `  (4) Implementing regulations. `  X-X` ` X (A) In general.Unless the Commission makes the determination described in subparagraph (B), the Commission shall, within 180 days after submission of the report required under paragraph (3)(B)(iii), complete a rulemaking proceeding pursuant to this title to establish regulations for implementing the requirements of this title (and paragraphs (1) and (2) of this subsection) that rates and charges for operator services be just and reasonable. Such regulations shall include limitations on the amount of commissions or any other compensation given to aggregators by providers of operator service.  X-X` ` X (B) Limitation.The requirement of subparagraph (A) shall not apply if, on the basis of the proceeding under paragraph (3)(A), the Commission makes (and includes in the report required by paragraph (3)(B)(iii)) a factual determination that market forces are securing rates and charges that are just and reasonable, as evidenced by rate levels, costs, complaints, service quality, and other relevant factors.  X -` ` (i) Statutory Construction.Nothing in this section shall be construed to alter the obligations, powers, or duties of common carriers or the Commission under the other sections of this Act.  X!- SEC. 227. [47 U.S.C. 227] RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT.  X#- ` ` (a) Definitions.As used in this section X` `  (1) The term ''automatic telephone dialing system'' means equipment which has the capacity ` X` ` X (A) to store or produce telephone numbers to be called,":&G\+|'|'{{$" using a random or sequential number generator; and X` ` X (B) to dial such numbers. X` `  (2) The term ''telephone facsimile machine'' means equipment which has the capacity (A) to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or (B) to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper. ` X` `  (3) The term ''telephone solicitation'' means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person's prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization. ` X` `  (4) The term ''unsolicited advertisement'' means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission. `  Xb-` ` (b) Restrictions on the Use of Automated Telephone Equipment.  X4-X` `  (1) Prohibitions.It shall be unlawful for any person within the United States ` X` ` X (A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice X` ` X Xhh(i) to any emergency telephone line (including any ''911'' line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency);  X` ` X Xhh(ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or  X` ` X Xhh(iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call;  X` ` X (B) to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted":&H\+|'|'{{$" by rule or order by the Commission under paragraph (2)(B); X` ` X (C) to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine; or X` ` X (D) to use an automatic telephone dialing system in such a way that two or more telephone lines of a multiline business are engaged simultaneously.  X_-X` `  (2) Regulations; exemptions and other provisions.The Commission shall prescribe regulations to implement the requirements of this subsection. In implementing the requirements of this subsection, the Commission ` X` ` X (A) shall consider prescribing regulations to allow businesses to avoid receiving calls made using an artificial or prerecorded voice to which they have not given their prior express consent; X` ` X (B) may, by rule or order, exempt from the requirements of paragraph (1)(B) of this subsection, subject to such conditions as the Commission may prescribe X` ` X Xhh(i) calls that are not made for a commercial purpose; and  X` ` X Xhh(ii) such classes or categories of calls made for commercial purposes as the Commission determines  X` ` X XXhh@(I) will not adversely affect the privacy rights that this section is intended to protect; and h X` ` X XXhh@(II) do not include the transmission of any unsolicited advertisement; and h X` ` X (C) may, by rule or order, exempt from the requirements of paragraph (1)(A)(iii) of this subsection calls to a telephone number assigned to a cellular telephone service that are not charged to the called party, subject to such conditions as the Commission may prescribe as necessary in the interest of the privacy rights this section is intended to protect.  X -X` `  (3) Private right of action.A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State ` X` ` X (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation, X` ` X (B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or X` ` X (C) both such actions. X` ` If the court finds that the defendant willfully or knowingly violated this":&I\+|'|'{{$" subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph. `  X-` ` (c) Protection of Subscriber Privacy Rights.  X-X` `  (1) Rulemaking proceeding required.Within 120 days after the date of enactment of this section, the Commission shall initiate a rulemaking proceeding concerning the need to protect residential telephone subscribers' privacy rights to avoid receiving telephone solicitations to which they object. The proceeding shall ` X` ` X (A) compare and evaluate alternative methods and procedures (including the use of electronic databases, telephone network technologies, special directory markings, industrybased or companyspecific ''do not call'' systems, and any other alternatives, individually or in combination) for their effectiveness in protecting such privacy rights, and in terms of their cost and other advantages and disadvantages; X` ` X (B) evaluate the categories of public and private entities that would have the capacity to establish and administer such methods and procedures; X` ` X (C) consider whether different methods and procedures may apply for local telephone solicitations, such as local telephone solicitations of small businesses or holders of second class mail permits; X` ` X (D) consider whether there is a need for additional Commission authority to further restrict telephone solicitations, including those calls exempted under subsection (a)(3) of this section, and, if such a finding is made and supported by the record, propose specific restrictions to the Congress; and X` ` X (E) develop proposed regulations to implement the methods and procedures that the Commission determines are most effective and efficient to accomplish the purposes of this section.  X -X` `  (2) Regulations.Not later than 9 months after the date of enactment of this section, the Commission shall conclude the rulemaking proceeding initiated under paragraph (1) and shall prescribe regulations to implement methods and procedures for protecting the privacy rights described in such paragraph in an efficient, effective, and economic manner and without the imposition of any additional charge to telephone subscribers. `  Xh$-X` `  (3) Use of database permitted.The regulations required by paragraph (2) may require the establishment and operation of a single national database to compile a list of telephone numbers of residential":&J\+|'|'{{$" subscribers who object to receiving telephone solicitations, and to make that compiled list and parts thereof available for purchase. If the Commission determines to require such a database, such regulations shall ` X` ` X (A) specify a method by which the Commission will select an entity to administer such database; X` ` X (B) require each common carrier providing telephone exchange service, in accordance with regulations prescribed by the Commission, to inform subscribers for telephone exchange service of the opportunity to provide notification, in accordance with regulations established under this paragraph, that such subscriber objects to receiving telephone solicitations; X` ` X (C) specify the methods by which each telephone subscriber shall be informed, by the common carrier that provides local exchange service to that subscriber, of (i) the subscriber's right to give or revoke a notification of an objection under subparagraph (A), and (ii) the methods by which such right may be exercised by the subscriber; X` ` X (D) specify the methods by which such objections shall be collected and added to the database; X` ` X (E) prohibit any residential subscriber from being charged for giving or revoking such notification or for being included in a database compiled under this section; X` ` X (F) prohibit any person from making or transmitting a telephone solicitation to the telephone number of any subscriber included in such database; X` ` X (G) specify (i) the methods by which any person desiring to make or transmit telephone solicitations will obtain access to the database, by area code or local exchange prefix, as required to avoid calling the telephone numbers of subscribers included in such database; and (ii) the costs to be recovered from such persons; X` ` X (H) specify the methods for recovering, from persons accessing such database, the costs involved in identifying, collecting, updating, disseminating, and selling, and other activities relating to, the operations of the database that are incurred by the entities carrying out those activities; X` ` X (I) specify the frequency with which such database will be updated and specify the method by which such updating will take effect for purposes of compliance with the regulations prescribed under this subsection; X` ` X (J) be designed to enable States to use the database mechanism selected by the Commission for purposes of":&K\+|'|'{{$" administering or enforcing State law; X` ` X (K) prohibit the use of such database for any purpose other than compliance with the requirements of this section and any such State law and specify methods for protection of the privacy rights of persons whose numbers are included in such database; and X` ` X (L) require each common carrier providing services to any person for the purpose of making telephone solicitations to notify such person of the requirements of this section and the regulations thereunder.  X -X` `  (4) Considerations required for use of database  X -method.If the Commission determines to require the database mechanism described in paragraph (3), the Commission shall ` X` ` X (A) in developing procedures for gaining access to the database, consider the different needs of telemarketers conducting business on a national, regional, State, or local level; X` ` X (B) develop a fee schedule or price structure for recouping the cost of such database that recognizes such differences and X` ` X Xhh(i) reflect the relative costs of providing a national, regional, State, or local list of phone numbers of subscribers who object to receiving telephone solicitations;  X` ` X Xhh(ii) reflect the relative costs of providing such lists on paper or electronic media; and  X` ` X Xhh(iii) not place an unreasonable financial burden on small businesses; and  X` ` X (C) consider (i) whether the needs of telemarketers operating on a local basis could be met through special markings of area white pages directories, and (ii) if such directories are needed as an adjunct to database lists prepared by area code and local exchange prefix.  X -X` `  (5) Private right of action.A person who has received more than one telephone call within any 12month period by or on behalf of the same entity in violation of the regulations prescribed under this subsection may, if otherwise permitted by the laws or rules of court of a State bring in an appropriate court of that State ` X` ` X (A) an action based on a violation of the regulations prescribed under this subsection to enjoin such violation, X` ` X (B) an action to recover for actual monetary loss from such a violation, or to receive up to $500 in damages for each such violation, whichever is greater, or X` ` X (C) both such actions. ":&L\+|'|'{{$"ԌX` `  It shall be an affirmative defense in any action brought under this paragraph that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of the regulations prescribed under this subsection. If the court finds that the defendant willfully or knowingly violated the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph. `  X1-X` `  (6) Relation to subsection (b).The provisions of this subsection shall not be construed to permit a communication prohibited by subsection (b). `  X -` ` (d) Technical and Procedural Standards.  X -X` `  (1) Prohibition.It shall be unlawful for any person within the United States ` X` ` X (A) to initiate any communication using a telephone facsimile machine, or to make any telephone call using any automatic telephone dialing system, that does not comply with the technical and procedural standards prescribed under this subsection, or to use any telephone facsimile machine or automatic telephone dialing system in a manner that does not comply with such standards; or X` ` X (B) to use a computer or other electronic device to send any message via a telephone facsimile machine unless such person clearly marks, in a margin at the top or bottom of each transmitted page of the message or on the first page of the transmission, the date and time it is sent and an identification of the business, other entity, or individual sending the message and the telephone number of the sending machine or of such business, other entity, or individual.  XN-X` `  (2) Telephone facsimile machines.The Commission shall revise the regulations setting technical and procedural standards for telephone facsimile machines to require that any such machine which is manufactured after one year after the date of enactment of this section clearly marks, in a margin at the top or bottom of each transmitted page or on the first page of each transmission, the date and time sent, an identification of the business, other entity, or individual sending the message, and the telephone number of the sending machine or of such business, other entity, or individual. `  X#-X` `  (3) Artificial or prerecorded voice systems.The Commission shall prescribe technical and procedural standards for systems that are used to transmit any artificial or prerecorded voice message via telephone. Such standards shall require that ` ":&M\+|'|'{{$"ԌX` ` X (A) all artificial or prerecorded telephone messages (i) shall, at the beginning of the message, state clearly the identity of the business, individual, or other entity initiating the call, and (ii) shall, during or after the message, state clearly the telephone number or address of such business, other entity, or individual; and X` ` X (B) any such system will automatically release the called party's line within 5 seconds of the time notification is transmitted to the system that the called party has hung up, to allow the called party's line to be used to make or receive other calls.  X -` ` (e) Effect on State Law.  X -X` `  (1) State law not preempted.Except for the standards prescribed under subsection (d) and subject to paragraph (2) of this subsection, nothing in this section or in the regulations prescribed under this section shall preempt any State law that imposes more restrictive intrastate requirements or regulations on, or which prohibits ` X` ` X (A) the use of telephone facsimile machines or other electronic devices to send unsolicited advertisements; X` ` X (B) the use of automatic telephone dialing systems; X` ` X (C) the use of artificial or prerecorded voice messages; or X` ` X (D) the making of telephone solicitations.  X-X` `  (2) State use of databases.If, pursuant to subsection (c)(3), the Commission requires the establishment of a single national database of telephone numbers of subscribers who object to receiving telephone solicitations, a State or local authority may not, in its regulation of telephone solicitations, require the use of any database, list, or listing system that does not include the part of such single national database that relates to such State. `  Xe-` ` (f) Actions by States.  XN-X` `  (1) Authority of states.Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of telephone calls or other transmissions to residents of that State in violation of this section or the regulations prescribed under this section, the State may bring a civil action on behalf of its residents to enjoin such calls, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. `  X:&-X` `  (2) Exclusive jurisdiction of federal courts.The district":&N\+|'|'{{$" courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. `  X -X` `  (3) Rights of commission.The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal. `  Xb-X` `  (4) Venue; service of process.Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. `  X-X` `  (5) Investigatory powers.For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. `  X7-X` `  (6) Effect on state court proceedings.Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. `  X-X` `  (7) Limitation.Whenever the Commission has instituted a civil action for violation of regulations prescribed under this section, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. `  XQ%-X` `  (8) Definition.As used in this subsection, the term ''attorney general'' means the chief legal officer of a State. ` ":&O\+|'|'{{$"Ԍ X-ԙ SEC. 228. [47 U.S.C. 228] REGULATION OF CARRIER OFFERING OF PAYPERCALL SERVICES.  X- ` ` (a) Purpose.It is the purpose of this section X` `  (1) to put into effect a system of national regulation and review that will oversee interstate paypercall services; and ` X` `  (2) to recognize the Commission's authority to prescribe regulations and enforcement procedures and conduct oversight to afford reasonable protection to consumers of paypercall services and to assure that violations of Federal law do not occur. `  X1-` ` (b) General Authority for Regulations.The Commission by regulation shall, within 270 days after the date of enactment of this section, establish a system for oversight and regulation of paypercall services in order to provide for the protection of consumers in accordance with this Act and other applicable Federal statutes and regulations. The Commission's final rules shall X` `  (1) include measures that provide a consumer of paypercall services with adequate and clear descriptions of the rights of the caller; ` X` `  (2) define the obligations of common carriers with respect to the provision of paypercall services; ` X` `  (3) include requirements on such carriers to protect against abusive practices by providers of paypercall services; ` X` `  (4) identify procedures by which common carriers and providers of paypercall services may take affirmative steps to protect against nonpayment of legitimate charges; and ` X` `  (5) require that any service described in subparagraphs (A) and (B) of subsection (i)(1) be offered only through the use of certain telephone number prefixes and area codes. `  X-` ` (c) Common Carrier Obligations.Within 270 days after the date of enactment of this section, the Commission shall, by regulation, establish the following requirements for common carriers:  XN-X` `  (1) Contractual obligations to comply.Any common carrier assigning to a provider of paypercall services a telephone number with a prefix or area code designated by the Commission in accordance with subsection (b)(5) shall require by contract or tariff that such provider comply with the provisions of titles II and III of the Telephone Disclosure and Dispute Resolution Act and the regulations prescribed by the Federal Trade Commission pursuant to those titles. `  X!-X` `  (2) Information availability.A common carrier that by tariff or contract assigns a telephone number with a prefix or area code designated by the Commission in accordance with subsection (b)(5) to a provider of a paypercall service shall make readily available on request to Federal and State agencies and other interested persons ` X` ` X (A) a list of the telephone numbers for each of the pay":&P\+|'|'{{$"ԫpercall services it carries; X` ` X (B) a short description of each such service; X` ` X (C) a statement of the total cost or the cost per minute and any other fees for each such service; X` ` X (D) a statement of the paypercall service's name, business address, and business telephone; and X` ` X (E) such other information as the Commission considers necessary for the enforcement of this section and other applicable Federal statutes and regulations.  X1-X` `  (3) Compliance procedures.A common carrier that by contract or tariff assigns a telephone number with a prefix or area code designated by the Commission in accordance with subsection (b)(5) to a provider of paypercall services shall terminate, in accordance with procedures specified in such regulations, the offering of a paypercall service of a provider if the carrier knows or reasonably should know that such service is not provided in compliance with title II or III of the Telephone Disclosure and Dispute Resolution Act or the regulations prescribed by the Federal Trade Commission pursuant to such titles. `  Xb-X` `  (4) Subscriber disconnection prohibited.A common carrier shall not disconnect or interrupt a subscriber's local exchange telephone service or long distance telephone service because of nonpayment of charges for any paypercall service. `  X-X` `  (5) Blocking and presubscription.A common carrier that provides local exchange service shall ` X` ` X (A) offer telephone subscribers (where technically feasible) the option of blocking access from their telephone number to all, or to certain specific, prefixes or area codes used by paypercall services, which option X` ` X Xhh(i) shall be offered at no charge (I) to all subscribers for a period of 60 days after the issuance of the regulations under subsection (b), and (II) to any subscriber who subscribes to a new telephone number until 60 days after the time the new telephone number is effective; and  X` ` X Xhh(ii) shall otherwise be offered at a reasonable fee; and  X` ` X (B) offer telephone subscribers (where the Commission determines it is technically and economically feasible), in combination with the blocking option described under subparagraph (A), the option of presubscribing to or blocking only specific paypercall services for a reasonable onetime charge. X` ` The regulations prescribed under subparagraph (A)(i) of this paragraph":&Q\+|'|'{{$" may permit the costs of such blocking to be recovered by contract or tariff, but such costs may not be recovered from local or longdistance ratepayers. Nothing in this subsection precludes a common carrier from filing its rates and regulations regarding blocking and presubscription in its interstate tariffs. `  X-X` `  (6) Verification of charitable status.A common carrier that assigns by contract or tariff a telephone number with a prefix or area code designated by the Commission in accordance with subsection (b)(5) to a provider of paypercall services that the carrier knows or reasonably should know is engaged in soliciting charitable contributions shall obtain from such provider proof of the tax exempt status of any person or organization for which contributions are solicited. `  X -X` `  (7) Billing for 800 calls.A common carrier shall prohibit by tariff or contract the use of any 800 telephone number, or other telephone number advertised or widely understood to be toll free, in a manner that would result in ` X` ` X (A) the calling party being assessed, by virtue of completing the call, a charge for the call; X` ` X (B) the calling party being connected to a paypercall service; X` ` X (C) the calling party being charged for information conveyed during the call unless X` ` X Xhh(i) the calling party has a written agreement (including an agreement transmitted through electronic medium) that meets the requirements of paragraph (8); or  X` ` X Xhh(ii) the calling party is charged for the information in accordance with paragraph (9);  X` ` X (D) the calling party being called back collect for the provision of audio information services or simultaneous voice conversation services; or X` ` X (E) the calling party being assessed, by virtue of being asked to connect or otherwise transfer to a paypercall service, a charge for the call.  X -X` `  (8) Subscription agreements for billing for information  X-provided via tollfree calls. `  X-X` ` X (A) In general.For purposes of paragraph (7)(C)(i), a written subscription does not meet the requirements of this paragraph unless the agreement specifies the material terms and conditions under which the information is offered and includes X` ` X Xhh(i) the rate at which charges are assessed for the information;  X` ` X Xhh(ii) the information provider's name;  X` ` X Xhh(iii) the information provider's business address; ":&R\+|'|'{{$"ԌX` ` X Xhh(iv) the information provider's regular business telephone number;  X` ` X Xhh(v) the information provider's agreement to notify the subscriber at least one billing cycle in advance of all future changes in the rates charged for the information; and  X` ` X Xhh(vi) the subscriber's choice of payment method, which may be by direct remit, debit, prepaid account, phone bill, or credit or calling card.   X1-X` ` X (B) Billing arrangements.If a subscriber elects, pursuant to subparagraph (A)(vi), to pay by means of a phone bill X` ` X Xhh(i) the agreement shall clearly explain that the subscriber will be assessed for calls made to the information service from the subscriber's phone line;  X` ` X Xhh(ii) the phone bill shall include, in prominent type, the following disclaimer:  X` ` X XXhh@''Common carriers may not disconnect local or long distance telephone service for failure to pay disputed charges for information services.''; and h X` ` X Xhh(iii) the phone bill shall clearly list the 800 number dialed.   X-X` ` X (C) Use of pins to prevent unauthorized use.A written agreement does not meet the requirements of this paragraph unless it X` ` X Xhh(i) includes a unique personal identification number or other subscriberspecific identifier and requires a subscriber to use this number or identifier to obtain access to the information provided and includes instructions on its use; and  X` ` X Xhh(ii) assures that any charges for services accessed by use of the subscriber's personal identification number or subscriberspecific identifier be assessed to subscriber's source of payment elected pursuant to subparagraph (A)(vi).   X -X` ` X (D) Exceptions.Notwithstanding paragraph (7)(C), a written agreement that meets the requirements of this paragraph is not required X` ` X Xhh(i) for calls utilizing telecommunications devices for the deaf;  X` ` X Xhh(ii) for directory services provided by a common carrier or its affiliate or by a local exchange carrier or its":&S\+|'|'{{$" affiliate; or  X` ` X Xhh(iii) for any purchase of goods or of services that are not information services.   X-X` ` X (E) Termination of service.On receipt by a common carrier of a complaint by any person that an information provider is in violation of the provisions of this section, a carrier shall X` ` X Xhh(i) promptly investigate the complaint; and  X` ` X Xhh(ii) if the carrier reasonably determines that the complaint is valid, it may terminate the provision of service to an information provider unless the provider supplies evidence of a written agreement that meets the requirements of this section.   X -X` ` X (F) Treatment of remedies.The remedies provided in this paragraph are in addition to any other remedies that are available under title V of this Act.  X -X` `  (9) Charges by credit, prepaid, debit, charge, or calling  X-card in absence of agreement.For purposes of paragraph (7)(C)(ii), a calling party is not charged in accordance with this paragraph unless the calling party is charged by means of a credit, prepaid, debit, charge, or calling card and the information service provider includes in response to each call an introductory disclosure message that ` X` ` X (A) clearly states that there is a charge for the call; X` ` X (B) clearly states the service's total cost per minute and any other fees for the service or for any service to which the caller may be transferred; X` ` X (C) explains that the charges must be billed on either a credit, prepaid, debit, charge, or calling card; X` ` X (D) asks the caller for the card number; X` ` X (E) clearly states that charges for the call begin at the end of the introductory message; and X` ` X (F) clearly states that the caller can hang up at or before the end of the introductory message without incurring any charge whatsoever.  X-X` `  (10) Bypass of introductory disclosure message.The requirements of paragraph (9) shall not apply to calls from repeat callers using a bypass mechanism to avoid listening to the introductory  X!-message: Provided, That information providers shall disable such a bypass mechanism after the institution of any price increase and for a period of time determined to be sufficient by the Federal Trade Commission to give callers adequate and sufficient notice of a price increase. `  X<&-X` `  (11) Definition of calling card.As used in this subsection,"<&T\+|'|'{{$" the term ''calling card'' means an identifying number or code unique to the individual, that is issued to the individual by a common carrier and enables the individual to be charged by means of a phone bill for charges incurred independent of where the call originates. `  X-` ` (d) Billing and Collection Practices.The regulations required by this section shall require that any common carrier that by tariff or contract assigns a telephone number with a prefix or area code designated by the Commission in accordance with subsection (b)(5) to a provider of a paypercall service and that offers billing and collection services to such provider X` `  (1) ensure that a subscriber is not billed ` X` ` X (A) for paypercall services that such carrier knows or reasonably should know was provided in violation of the regulations issued pursuant to title II of the Telephone Disclosure and Dispute Resolution Act; or X` ` X (B) under such other circumstances as the Commission determines necessary in order to protect subscribers from abusive practices; X` `  (2) establish a local or a tollfree telephone number to answer questions and provide information on subscribers' rights and obligations with regard to their use of paypercall services and to provide to callers the name and mailing address of any provider of paypercall services offered by the common carrier; ` X` `  (3) within 60 days after the issuance of final regulations pursuant to subsection (b), provide, either directly or through contract with any local exchange carrier that provides billing or collection services to the common carrier, to all of such common carrier's telephone subscribers, to all new subscribers, and to all subscribers requesting service at a new location, a disclosure statement that sets forth all rights and obligations of the subscriber and the carrier with respect to the use and payment for paypercall services, including the right of a subscriber not to be billed and the applicable blocking option; and ` X` `  (4) in any billing to telephone subscribers that includes charges for any paypercall service ` X` ` X (A) display any charges for paypercall services in a part of the subscriber's bill that is identified as not being related to local and long distance telephone charges; X` ` X (B) for each charge so displayed, specify, at a minimum, the type of service, the amount of the charge, and the date, time, and duration of the call; and X` ` X (C) identify the tollfree number established pursuant to paragraph (2).  XQ%-` ` (e) Liability.  X:&-X` `  (1) Common carriers not liable for transmission or":&U\+|'|'{{$"  X-billing.No common carrier shall be liable for a criminal or civil sanction or penalty solely because the carrier provided transmission or billing and collection for a paypercall service unless the carrier knew or reasonably should have known that such service was provided in violation of a provision of, or regulation prescribed pursuant to, title II or III of the Telephone Disclosure and Dispute Resolution Act or any other Federal law. This paragraph shall not prevent the Commission from imposing a sanction or penalty on a common carrier for a violation by that carrier of a regulation prescribed under this section. `  X1-X` `  (2) Civil liability.No cause of action may be brought in any court or administrative agency against any common carrier or any of its affiliates on account of any act of the carrier or affiliate to terminate any paypercall service in order to comply with the regulations prescribed under this section, title II or III of the Telephone Disclosure and Dispute Resolution Act, or any other Federal law unless the complainant demonstrates that the carrier or affiliate did not act in good faith. `  Xy-` ` (f) Special Provisions.  Xb-X` `  (1) Consumer refund requirements.The regulations required by subsection (d) shall establish procedures, consistent with the provisions of titles II and III of the Telephone Disclosure and Dispute Resolution Act, to ensure that carriers and other parties providing billing and collection services with respect to paypercall services provide appropriate refunds to subscribers who have been billed for paypercall services pursuant to programs that have been found to have violated this section or such regulations, any provision of, or regulations prescribed pursuant to, title II or III of the Telephone Disclosure and Dispute Resolution Act, or any other Federal law. `  X|-X` `  (2) Recovery of costs.The regulations prescribed by the Commission under this section shall permit a common carrier to recover its cost of complying with such regulations from providers of paypercall services, but shall not permit such costs to be recovered from local or long distance ratepayers. `  X -X` `  (3) Recommendations on data paypercall.The Commission, within one year after the date of enactment of this section, shall submit to the Congress the Commission's recommendations with respect to the extension of regulations under this section to persons that provide, for a percall charge, data services that are not paypercall services. `  X#-` ` (g) Effect on Other Law.  Xh$-X` `  (1) No preemption of election law.Nothing in this section shall relieve any provider of paypercall services, common carrier, local exchange carrier, or any other person from the obligation to comply":&V\+|'|'{{$" with Federal, State, and local election statutes and regulations. `  X-X` `  (2) Consumer protection laws.Nothing in this section shall relieve any provider of paypercall services, common carrier, local exchange carrier, or any other person from the obligation to comply with any Federal, State, or local statute or regulation relating to consumer protection or unfair trade. `  Xv-X` `  (3) Gambling laws.Nothing in this section shall preclude any State from enforcing its statutes and regulations with regard to lotteries, wagering, betting, and other gambling activities. `  X1-X` `  (4) State authority.Nothing in this section shall preclude any State from enacting and enforcing additional and complementary oversight and regulatory systems or procedures, or both, so long as such systems and procedures govern intrastate services and do not significantly impede the enforcement of this section or other Federal statutes. `  X -X` `  (5) Enforcement of existing regulations.Nothing in this section shall be construed to prohibit the Commission from enforcing regulations prescribed prior to the date of enactment of this section in fulfilling the requirements of this section to the extent that such regulations are consistent with the provisions of this section. `  X4-` ` (h) Effect on DialaPorn Prohibitions.Nothing in this section shall affect the provisions of section 223 of this Act.  X-` ` (i) Definition of PayPerCall Services.For purposes of this section X` `  (1) The term ''paypercall services'' means any service ` X` ` X (A) in which any person provides or purports to provide X` ` X Xhh(i) audio information or audio entertainment produced or packaged by such person;  X` ` X Xhh(ii) access to simultaneous voice conversation services; or  X` ` X Xhh(iii) any service, including the provision of a product, the charges for which are assessed on the basis of the completion of the call;  X` ` X (B) for which the caller pays a percall or pertimeinterval charge that is greater than, or in addition to, the charge for transmission of the call; and X` ` X (C) which is accessed through use of a 900 telephone number or other prefix or area code designated by the Commission in accordance with subsection (b)(5). X` `  (2) Such term does not include directory services provided by a common carrier or its affiliate or by a local exchange carrier or its affiliate, or any service for which users are assessed charges only after entering into a presubscription or comparable arrangement with the":&W\+|'|'{{$" provider of such service. `  X- SEC. 229. [47 U.S.C. 229] COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT COMPLIANCE.  X- ` ` (a) In General.The Commission shall prescribe such rules as are necessary to implement the requirements of the Communications Assistance for Law Enforcement Act.  X_-` ` (b) Systems Security and Integrity.The rules prescribed pursuant to subsection (a) shall include rules to implement section 105 of the Communications Assistance for Law Enforcement Act that require common carriers X` `  (1) to establish appropriate policies and procedures for the supervision and control of its officers and employees ` X` ` X (A) to require appropriate authorization to activate interception of communications or access to callidentifying information; and X` ` X (B) to prevent any such interception or access without such authorization; X` `  (2) to maintain secure and accurate records of any interception or access with or without such authorization; and ` X` `  (3) to submit to the Commission the policies and procedures adopted to comply with the requirements established under paragraphs (1) and (2). `  X-` ` (c) Commission Review of Compliance.The Commission shall review the policies and procedures submitted under subsection (b)(3) and shall order a common carrier to modify any such policy or procedure that the Commission determines does not comply with Commission regulations. The Commission shall conduct such investigations as may be necessary to insure compliance by common carriers with the requirements of the regulations prescribed under this section.  XN-` ` (d) Penalties.For purposes of this Act, a violation by an officer or employee of any policy or procedure adopted by a common carrier pursuant to subsection (b), or of a rule prescribed by the Commission pursuant to subsection (a), shall be considered to be a violation by the carrier of a rule prescribed by the Commission pursuant to this Act.  X-` ` (e) Cost Recovery for Communications Assistance for Law  X -Enforcement Act Compliance.  X!-X` `  (1) Petitions authorized.A common carrier may petition the Commission to adjust charges, practices, classifications, and regulations to recover costs expended for making modifications to equipment, facilities, or services pursuant to the requirements of section 103 of the Communications Assistance for Law Enforcement Act. `  X:&-X` `  (2) Commission authority.The Commission may grant, with":&X\+|'|'{{$" or without modification, a petition under paragraph (1) if the Commission determines that such costs are reasonable and that permitting recovery is consistent with the public interest. The Commission may, consistent with maintaining just and reasonable charges, practices, classifications, and regulations in connection with the provision of interstate or foreign communication by wire or radio by a common carrier, allow carriers to adjust such charges, practices, classifications, and regulations in order to carry out the purposes of this Act. ` X` `  (3) Joint board.The Commission shall convene a FederalState joint board to recommend appropriate changes to part 36 of the Commission's rules with respect to recovery of costs pursuant to charges, practices, classifications, and regulations under the jurisdiction of the Commission. `  X - SEC. 230. [47 U.S.C. 230] PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE MATERIAL.  Xy- ` ` (a) Findings.The Congress finds the following: X` `  (1) The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens. ` X` `  (2) These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops. ` X` `  (3) The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity. ` X` `  (4) The Internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation. ` X` `  (5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services. `  X -` ` (b) Policy.It is the policy of the United States X` `  (1) to promote the continued development of the Internet and other interactive computer services and other interactive media; ` X` `  (2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation; ` X` `  (3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services; ` ":&Y\+|'|'{{$"ԌX` `  (4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children's access to objectionable or inappropriate online material; and ` X` `  (5) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer. `  X_-` ` (c) Protection for ''Good Samaritan'' Blocking and Screening  XH-of Offensive Material.  X1-X` `  (1) Treatment of publisher or speaker.No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. `  X -X` `  (2) Civil liability.No provider or user of an interactive computer service shall be held liable on account of ` X` ` X (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or X` ` X (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).  X-` ` (d) Effect on Other Laws.  X-X` `  (1) No effect on criminal law.Nothing in this section shall be construed to impair the enforcement of section 223 of this Act, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, United States Code, or any other Federal criminal statute. `  Xe-X` `  (2) No effect on intellectual property law.Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property. `  X -X` `  (3) State law.Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section. `  X!-X` `  (4) No effect on communications privacy law.Nothing in this section shall be construed to limit the application of the Electronic Communications Privacy Act of 1986 or any of the amendments made by such Act, or any similar State law. `  XQ%-` ` (e) Definitions.As used in this section:  X:&-X` `  (1) Internet.The term ''Internet'' means the international":&Z\+|'|'{{$" computer network of both Federal and nonFederal interoperable packet switched data networks. `  X-X` `  (2) Interactive computer service.The term ''interactive computer service'' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions. `  XH-X` `  (3) Information content provider.The term ''information content provider'' means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service. `  X -X` `  (4) Access software provider.The term ''access software provider'' means a provider of software (including client or server software), or enabling tools that do any one or more of the following: ` X` ` X (A) filter, screen, allow, or disallow content; X` ` X (B) pick, choose, analyze, or digest content; or X` ` X (C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.  a4<T#Z\  P 58P# T  aH<oPART IIDEVELOPMENT OF COMPETITIVE MARKETS #XN\  P XP# Tx  X;- SEC. 251. [47 U.S.C. 251] INTERCONNECTION.  X$- ` ` (a) General Duty of Telecommunications Carriers.Each telecommunications carrier has the duty X` `  (1) to interconnect directly or indirectly with the facilities and equipment of other telecommunications carriers; and ` X` `  (2) not to install network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to section 255 or 256. `  X-` ` (b) Obligations of All Local Exchange Carriers.Each local exchange carrier has the following duties:  XU-X` `  (1) Resale.The duty not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of its telecommunications services. `  X"-X` `  (2) Number portability.The duty to provide, to the extent technically feasible, number portability in accordance with requirements prescribed by the Commission. `  X$-X` `  (3) Dialing parity.The duty to provide dialing parity to competing providers of telephone exchange service and telephone toll"%[\+|'|'{{$" service, and the duty to permit all such providers to have nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listing, with no unreasonable dialing delays. `  X-X` `  (4) Access to rightsofway.The duty to afford access to the poles, ducts, conduits, and rightsofway of such carrier to competing providers of telecommunications services on rates, terms, and conditions that are consistent with section 224. `  XH-X` `  (5) Reciprocal compensation.The duty to establish reciprocal compensation arrangements for the transport and termination of telecommunications. `  X -` ` (c) Additional Obligations of Incumbent Local Exchange  X -Carriers.In addition to the duties contained in subsection (b), each incumbent local exchange carrier has the following duties:  X -X` `  (1) Duty to negotiate.The duty to negotiate in good faith in accordance with section 252 the particular terms and conditions of agreements to fulfill the duties described in paragraphs (1) through (5) of subsection (b) and this subsection. The requesting telecommunications carrier also has the duty to negotiate in good faith the terms and conditions of such agreements. `  X4-X` `  (2) Interconnection.The duty to provide, for the facilities and equipment of any requesting telecommunications carrier, interconnection with the local exchange carrier's network ` X` ` X (A) for the transmission and routing of telephone exchange service and exchange access; X` ` X (B) at any technically feasible point within the carrier's network; X` ` X (C) that is at least equal in quality to that provided by the local exchange carrier to itself or to any subsidiary, affiliate, or any other party to which the carrier provides interconnection; and X` ` X (D) on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the agreement and the requirements of this section and section 252.  X-X` `  (3) Unbundled access.The duty to provide, to any requesting telecommunications carrier for the provision of a telecommunications service, nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on rates, terms, and conditions that are just, reasonable, and nondiscriminatory in accordance with the terms and conditions of the agreement and the requirements of this section and section 252. An incumbent local exchange carrier shall provide such unbundled network elements in a manner that allows":&\\+|'|'{{$" requesting carriers to combine such elements in order to provide such telecommunications service. `  X-X` `  (4) Resale.The duty ` X` ` X (A) to offer for resale at wholesale rates any telecommunications service that the carrier provides at retail to subscribers who are not telecommunications carriers; and X` ` X (B) not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of such telecommunications service, except that a State commission may, consistent with regulations prescribed by the Commission under this section, prohibit a reseller that obtains at wholesale rates a telecommunications service that is available at retail only to a category of subscribers from offering such service to a different category of subscribers.  X -X` `  (5) Notice of changes.The duty to provide reasonable public notice of changes in the information necessary for the transmission and routing of services using that local exchange carrier's facilities or networks, as well as of any other changes that would affect the interoperability of those facilities and networks. `  XK-X` `  (6) Collocation.The duty to provide, on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, for physical collocation of equipment necessary for interconnection or access to unbundled network elements at the premises of the local exchange carrier, except that the carrier may provide for virtual collocation if the local exchange carrier demonstrates to the State commission that physical collocation is not practical for technical reasons or because of space limitations. `  X-` ` (d) Implementation.  X|-X` `  (1) In general.Within 6 months after the date of enactment of the Telecommunications Act of 1996, the Commission shall complete all actions necessary to establish regulations to implement the requirements of this section. `  X -X` `  (2) Access standards.In determining what network elements should be made available for purposes of subsection (c)(3), the Commission shall consider, at a minimum, whether ` X` ` X (A) access to such network elements as are proprietary in nature is necessary; and X` ` X (B) the failure to provide access to such network elements would impair the ability of the telecommunications carrier seeking access to provide the services that it seeks to offer.  Xh$-X` `  (3) Preservation of state access regulations.In prescribing and enforcing regulations to implement the requirements of this section, the Commission shall not preclude the enforcement of any":&]\+|'|'{{$" regulation, order, or policy of a State commission that ` X` ` X (A) establishes access and interconnection obligations of local exchange carriers; X` ` X (B) is consistent with the requirements of this section; and X` ` X (C) does not substantially prevent implementation of the requirements of this section and the purposes of this part.  X_-` ` (e) Numbering Administration.  XH-X` `  (1) Commission authority and jurisdiction.The Commission shall create or designate one or more impartial entities to administer telecommunications numbering and to make such numbers available on an equitable basis. The Commission shall have exclusive jurisdiction over those portions of the North American Numbering Plan that pertain to the United States. Nothing in this paragraph shall preclude the Commission from delegating to State commissions or other entities all or any portion of such jurisdiction. `  X-X` `  (2) Costs.The cost of establishing telecommunications numbering administration arrangements and number portability shall be borne by all telecommunications carriers on a competitively neutral basis as determined by the Commission. `  X4-` ` (f) Exemptions, Suspensions, and Modifications.  X-X` `  (1) Exemption for certain rural telephone companies. `  X-X` ` X (A) Exemption.Subsection (c) of this section shall not apply to a rural telephone company until (i) such company has received a bona fide request for interconnection, services, or network elements, and (ii) the State commission determines (under subparagraph (B)) that such request is not unduly economically burdensome, is technically feasible, and is consistent with section 254 (other than subsections (b)(7) and (c)(1)(D) thereof).  XN-X` ` X (B) State termination of exemption and  X7-implementation schedule.The party making a bona fide request of a rural telephone company for interconnection, services, or network elements shall submit a notice of its request to the State commission. The State commission shall conduct an inquiry for the purpose of determining whether to terminate the exemption under subparagraph (A). Within 120 days after the State commission receives notice of the request, the State commission shall terminate the exemption if the request is not unduly economically burdensome, is technically feasible, and is consistent with section 254 (other than subsections (b)(7) and (c)(1)(D) thereof). Upon termination of the exemption, a State commission shall establish an implementation schedule for":&^\+|'|'{{$" compliance with the request that is consistent in time and manner with Commission regulations.  X-X` ` X (C) Limitation on exemption.The exemption provided by this paragraph shall not apply with respect to a request under subsection (c) from a cable operator providing video programming, and seeking to provide any telecommunications service, in the area in which the rural telephone company provides video programming. The limitation contained in this subparagraph shall not apply to a rural telephone company that is providing video programming on the date of enactment of the Telecommunications Act of 1996.  X -X` `  (2) Suspensions and modifications for rural carriers.A local exchange carrier with fewer than 2 percent of the Nation's subscriber lines installed in the aggregate nationwide may petition a State commission for a suspension or modification of the application of a requirement or requirements of subsection (b) or (c) to telephone exchange service facilities specified in such petition. The State commission shall grant such petition to the extent that, and for such duration as, the State commission determines that such suspension or modification ` X` ` X (A) is necessary X` ` X Xhh(i) to avoid a significant adverse economic impact on users of telecommunications services generally;  X` ` X Xhh(ii) to avoid imposing a requirement that is unduly economically burdensome; or  X` ` X Xhh(iii) to avoid imposing a requirement that is technically infeasible; and  X` ` X (B) is consistent with the public interest, convenience, and necessity. X` ` The State commission shall act upon any petition filed under this paragraph within 180 days after receiving such petition. Pending such action, the State commission may suspend enforcement of the requirement or requirements to which the petition applies with respect to the petitioning carrier or carriers. `  X-` ` (g) Continued Enforcement of Exchange Access and  X-Interconnection Requirements.On and after the date of enactment of the Telecommunications Act of 1996, each local exchange carrier, to the extent that it provides wireline services, shall provide exchange access, information access, and exchange services for such access to interexchange carriers and information service providers in accordance with the same equal access and nondiscriminatory interconnection restrictions and obligations (including receipt of compensation) that apply to such carrier on the date immediately preceding the date of enactment of the Telecommunications Act of 1996 under any court":&_\+|'|'{{$" order, consent decree, or regulation, order, or policy of the Commission, until such restrictions and obligations are explicitly superseded by regulations prescribed by the Commission after such date of enactment. During the period beginning on such date of enactment and until such restrictions and obligations are so superseded, such restrictions and obligations shall be enforceable in the same manner as regulations of the Commission.  Xv-` ` (h) Definition of Incumbent Local Exchange Carrier.  X_-X` `  (1) Definition.For purposes of this section, the term ''incumbent local exchange carrier'' means, with respect to an area, the local exchange carrier that ` X` ` X (A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and X` ` X (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); or X` ` X (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i).  X4-X` `  (2) Treatment of comparable carriers as incumbents.The Commission may, by rule, provide for the treatment of a local exchange carrier (or class or category thereof) as an incumbent local exchange carrier for purposes of this section if ` X` ` X (A) such carrier occupies a position in the market for telephone exchange service within an area that is comparable to the position occupied by a carrier described in paragraph (1); X` ` X (B) such carrier has substantially replaced an incumbent local exchange carrier described in paragraph (1); and X` ` X (C) such treatment is consistent with the public interest, convenience, and necessity and the purposes of this section.  X7-` ` (i) Savings Provision.Nothing in this section shall be construed to limit or otherwise affect the Commission's authority under section 201.  X- SEC. 252. [47 U.S.C. 252] PROCEDURES FOR NEGOTIATION, ARBITRATION, AND APPROVAL OF AGREEMENTS.  X - ` ` (a) Agreements Arrived at Through Negotiation.  X!-X` `  (1) Voluntary negotiations.Upon receiving a request for interconnection, services, or network elements pursuant to section 251, an incumbent local exchange carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier or carriers without regard to the standards set forth in subsections (b) and (c) of section 251. The agreement shall include a detailed schedule of":&`\+|'|'{{$" itemized charges for interconnection and each service or network element included in the agreement. The agreement, including any interconnection agreement negotiated before the date of enactment of the Telecommunications Act of 1996, shall be submitted to the State commission under subsection (e) of this section. `  X-X` `  (2) Mediation.Any party negotiating an agreement under this section may, at any point in the negotiation, ask a State commission to participate in the negotiation and to mediate any differences arising in the course of the negotiation. `  X1-` ` (b) Agreements Arrived at Through Compulsory Arbitration.  X -X` `  (1) Arbitration.During the period from the 135th to the 160th day (inclusive) after the date on which an incumbent local exchange carrier receives a request for negotiation under this section, the carrier or any other party to the negotiation may petition a State commission to arbitrate any open issues. `  X -X` `  (2) Duty of petitioner. ` X` ` X (A) A party that petitions a State commission under paragraph (1) shall, at the same time as it submits the petition, provide the State commission all relevant documentation concerning X` ` X Xhh(i) the unresolved issues;  X` ` X Xhh(ii) the position of each of the parties with respect to those issues; and  X` ` X Xhh(iii) any other issue discussed and resolved by the parties.  X` ` X (B) A party petitioning a State commission under paragraph (1) shall provide a copy of the petition and any documentation to the other party or parties not later than the day on which the State commission receives the petition.  Xe-X` `  (3) Opportunity to respond.A nonpetitioning party to a negotiation under this section may respond to the other party's petition and provide such additional information as it wishes within 25 days after the State commission receives the petition. `  X -X` `  (4) Action by state commission. ` X` ` X (A) The State commission shall limit its consideration of any petition under paragraph (1) (and any response thereto) to the issues set forth in the petition and in the response, if any, filed under paragraph (3). X` ` X (B) The State commission may require the petitioning party and the responding party to provide such information as may be necessary for the State commission to reach a decision on the unresolved issues. If any party refuses or fails unreasonably to respond on a timely basis to any reasonable":&a\+|'|'{{$" request from the State commission, then the State commission may proceed on the basis of the best information available to it from whatever source derived. X` ` X (C) The State commission shall resolve each issue set forth in the petition and the response, if any, by imposing appropriate conditions as required to implement subsection (c) upon the parties to the agreement, and shall conclude the resolution of any unresolved issues not later than 9 months after the date on which the local exchange carrier received the request under this section.  X -X` `  (5) Refusal to negotiate.The refusal of any other party to the negotiation to participate further in the negotiations, to cooperate with the State commission in carrying out its function as an arbitrator, or to continue to negotiate in good faith in the presence, or with the assistance, of the State commission shall be considered a failure to negotiate in good faith. `  X-` ` (c) Standards for Arbitration.In resolving by arbitration under subsection (b) any open issues and imposing conditions upon the parties to the agreement, a State commission shall X` `  (1) ensure that such resolution and conditions meet the requirements of section 251, including the regulations prescribed by the Commission pursuant to section 251; ` X` `  (2) establish any rates for interconnection, services, or network elements according to subsection (d); and ` X` `  (3) provide a schedule for implementation of the terms and conditions by the parties to the agreement. `  X-` ` (d) Pricing Standards.  X-X` `  (1) Interconnection and network element charges.Determinations by a State commission of the just and reasonable rate for the interconnection of facilities and equipment for purposes of subsection (c)(2) of section 251, and the just and reasonable rate for network elements for purposes of subsection (c)(3) of such section ` X` ` X (A) shall be X` ` X Xhh(i) based on the cost (determined without reference to a rateofreturn or other ratebased proceeding) of providing the interconnection or network element (whichever is applicable), and  X` ` X Xhh(ii) nondiscriminatory, and  X` ` X (B) may include a reasonable profit.  X#-X` `  (2) Charges for transport and termination of traffic. `  Xh$-X` ` X (A) In general.For the purposes of compliance by an incumbent local exchange carrier with section 251(b)(5), a State commission shall not consider the terms and conditions for":&b\+|'|'{{$" reciprocal compensation to be just and reasonable unless X` ` X Xhh(i) such terms and conditions provide for the mutual and reciprocal recovery by each carrier of costs associated with the transport and termination on each carrier's network facilities of calls that originate on the network facilities of the other carrier; and  X` ` X Xhh(ii) such terms and conditions determine such costs on the basis of a reasonable approximation of the additional costs of terminating such calls.   X1-X` ` X (B) Rules of construction.This paragraph shall not be construed X` ` X Xhh(i) to preclude arrangements that afford the mutual recovery of costs through the offsetting of reciprocal obligations, including arrangements that waive mutual recovery (such as billandkeep arrangements); or  X` ` X Xhh(ii) to authorize the Commission or any State commission to engage in any rate regulation proceeding to establish with particularity the additional costs of transporting or terminating calls, or to require carriers to maintain records with respect to the additional costs of such calls.   X-X` `  (3) Wholesale prices for telecommunications services.For the purposes of section 251(c)(4), a State commission shall determine wholesale rates on the basis of retail rates charged to subscribers for the telecommunications service requested, excluding the portion thereof attributable to any marketing, billing, collection, and other costs that will be avoided by the local exchange carrier. `  X-` ` (e) Approval by State Commission.  X|-X` `  (1) Approval required.Any interconnection agreement adopted by negotiation or arbitration shall be submitted for approval to the State commission. A State commission to which an agreement is submitted shall approve or reject the agreement, with written findings as to any deficiencies. `  X -X` `  (2) Grounds for rejection.The State commission may only reject ` X` ` X (A) an agreement (or any portion thereof) adopted by negotiation under subsection (a) if it finds that X` ` X Xhh(i) the agreement (or portion thereof) discriminates against a telecommunications carrier not a party to the agreement; or  X` ` X Xhh(ii) the implementation of such agreement or portion is not consistent with the public interest, convenience, and necessity; or ":&c\+|'|'{{$"ԌX` ` X (B) an agreement (or any portion thereof) adopted by arbitration under subsection (b) if it finds that the agreement does not meet the requirements of section 251, including the regulations prescribed by the Commission pursuant to section 251, or the standards set forth in subsection (d) of this section.  X-X` `  (3) Preservation of authority.Notwithstanding paragraph (2), but subject to section 253, nothing in this section shall prohibit a State commission from establishing or enforcing other requirements of State law in its review of an agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. `  X -X` `  (4) Schedule for decision.If the State commission does not act to approve or reject the agreement within 90 days after submission by the parties of an agreement adopted by negotiation under subsection (a), or within 30 days after submission by the parties of an agreement adopted by arbitration under subsection (b), the agreement shall be deemed approved. No State court shall have jurisdiction to review the action of a State commission in approving or rejecting an agreement under this section. `  XK-X` `  (5) Commission to act if state will not act.If a State commission fails to act to carry out its responsibility under this section in any proceeding or other matter under this section, then the Commission shall issue an order preempting the State commission's jurisdiction of that proceeding or matter within 90 days after being notified (or taking notice) of such failure, and shall assume the responsibility of the State commission under this section with respect to the proceeding or matter and act for the State commission. `  X-X` `  (6) Review of state commission actions.In a case in which a State fails to act as described in paragraph (5), the proceeding by the Commission under such paragraph and any judicial review of the Commission's actions shall be the exclusive remedies for a State commission's failure to act. In any case in which a State commission makes a determination under this section, any party aggrieved by such determination may bring an action in an appropriate Federal district court to determine whether the agreement or statement meets the requirements of section 251 and this section. `  X -` ` (f) Statements of Generally Available Terms.  X!-X` `  (1) In general.A Bell operating company may prepare and file with a State commission a statement of the terms and conditions that such company generally offers within that State to comply with the requirements of section 251 and the regulations thereunder and the standards applicable under this section. `  X:&-X` `  (2) State commission review.A State commission may not":&d\+|'|'{{$" approve such statement unless such statement complies with subsection (d) of this section and section 251 and the regulations thereunder. Except as provided in section 253, nothing in this section shall prohibit a State commission from establishing or enforcing other requirements of State law in its review of such statement, including requiring compliance with intrastate telecommunications service quality standards or requirements. `  X_-X` `  (3) Schedule for review.The State commission to which a statement is submitted shall, not later than 60 days after the date of such submission ` X` ` X (A) complete the review of such statement under paragraph (2) (including any reconsideration thereof), unless the submitting carrier agrees to an extension of the period for such review; or X` ` X (B) permit such statement to take effect.  X -X` `  (4) Authority to continue review.Paragraph (3) shall not preclude the State commission from continuing to review a statement that has been permitted to take effect under subparagraph (B) of such paragraph or from approving or disapproving such statement under paragraph (2). `  X4-X` `  (5) Duty to negotiate not affected.The submission or approval of a statement under this subsection shall not relieve a Bell operating company of its duty to negotiate the terms and conditions of an agreement under section 251. `  X-` ` (g) Consolidation of State Proceedings.Where not inconsistent with the requirements of this Act, a State commission may, to the extent practical, consolidate proceedings under sections 214(e), 251(f), 253, and this section in order to reduce administrative burdens on telecommunications carriers, other parties to the proceedings, and the State commission in carrying out its responsibilities under this Act.  XN-` ` (h) Filing Required.A State commission shall make a copy of each agreement approved under subsection (e) and each statement approved under subsection (f) available for public inspection and copying within 10 days after the agreement or statement is approved. The State commission may charge a reasonable and nondiscriminatory fee to the parties to the agreement or to the party filing the statement to cover the costs of approving and filing such agreement or statement.  X!-` ` (i) Availability to Other Telecommunications Carriers.A local exchange carrier shall make available any interconnection, service, or network element provided under an agreement approved under this section to which it is a party to any other requesting telecommunications carrier upon the same terms and conditions as those provided in the agreement.  X:&-` ` (j) Definition of Incumbent Local Exchange Carrier.For":&e\+|'|'{{$" purposes of this section, the term ''incumbent local exchange carrier'' has the meaning provided in section 251(h).  X- SEC. 253. [47 U.S.C. 253] REMOVAL OF BARRIERS TO ENTRY.  X- ` ` (a) In General.No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.  XH-` ` (b) State Regulatory Authority.Nothing in this section shall affect the ability of a State to impose, on a competitively neutral basis and consistent with section 254, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers.  X -` ` (c) State and Local Government Authority.Nothing in this section affects the authority of a State or local government to manage the public rightsofway or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rightsofway on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government.  XK-` ` (d) Preemption.If, after notice and an opportunity for public comment, the Commission determines that a State or local government has permitted or imposed any statute, regulation, or legal requirement that violates subsection (a) or (b), the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency.  X-` ` (e) Commercial Mobile Service Providers.Nothing in this section shall affect the application of section 332(c)(3) to commercial mobile service providers.  X|-` ` (f) Rural Markets.It shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section 214(e)(1) for designation as an eligible telecommunications carrier for that area before being permitted to provide such service. This subsection shall not apply X` `  (1) to a service area served by a rural telephone company that has obtained an exemption, suspension, or modification of section 251(c)(4) that effectively prevents a competitor from meeting the requirements of section 214(e)(1); and ` X` `  (2) to a provider of commercial mobile services. `  Xh$- SEC. 254. [47 U.S.C. 254] UNIVERSAL SERVICE.  XQ%- ` ` (a) Procedures to Review Universal Service Requirements.  X:&-X` `  (1) Federalstate joint board on universal service.":&f\+|'|'{{$"ԫWithin one month after the date of enactment of the Telecommunications Act of 1996, the Commission shall institute and refer to a FederalState Joint Board under section 410(c) a proceeding to recommend changes to any of its regulations in order to implement sections 214(e) and this section, including the definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for completion of such recommendations. In addition to the members of the Joint Board required under section 410(c), one member of such Joint Board shall be a Stateappointed utility consumer advocate nominated by a national organization of State utility consumer advocates. The Joint Board shall, after notice and opportunity for public comment, make its recommendations to the Commission 9 months after the date of enactment of the Telecommunications Act of 1996. `  X -X` `  (2) Commission action.The Commission shall initiate a single proceeding to implement the recommendations from the Joint Board required by paragraph (1) and shall complete such proceeding within 15 months after the date of enactment of the Telecommunications Act of 1996. The rules established by such proceeding shall include a definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for implementation. Thereafter, the Commission shall complete any proceeding to implement subsequent recommendations from any Joint Board on universal service within one year after receiving such recommendations. `  X-` ` (b) Universal Service Principles.The Joint Board and the Commission shall base policies for the preservation and advancement of universal service on the following principles:  X-X` `  (1) Quality and rates.Quality services should be available at just, reasonable, and affordable rates. `  Xe-X` `  (2) Access to advanced services.Access to advanced telecommunications and information services should be provided in all regions of the Nation. `  X -X` `  (3) Access in rural and high cost areas.Consumers in all regions of the Nation, including lowincome consumers and those in rural, insular, and high cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. `  Xh$-X` `  (4) Equitable and nondiscriminatory contributions.All providers of telecommunications services should make an equitable and nondiscriminatory contribution to the preservation and advancement of":&g\+|'|'{{$" universal service. `  X-X` `  (5) Specific and predictable support mechanisms.There should be specific, predictable and sufficient Federal and State mechanisms to preserve and advance universal service. `  X-X` `  (6) Access to advanced telecommunications services for  X-schools, health care, and libraries.Elementary and secondary schools and classrooms, health care providers, and libraries should have access to advanced telecommunications services as described in subsection (h). `  X1-X` `  (7) Additional principles.Such other principles as the Joint Board and the Commission determine are necessary and appropriate for the protection of the public interest, convenience, and necessity and are consistent with this Act. `  X -` ` (c) Definition.  X -X` `  (1) In general.Universal service is an evolving level of telecommunications services that the Commission shall establish periodically under this section, taking into account advances in telecommunications and information technologies and services. The Joint Board in recommending, and the Commission in establishing, the definition of the services that are supported by Federal universal service support mechanisms shall consider the extent to which such telecommunications services ` X` ` X (A) are essential to education, public health, or public safety; X` ` X (B) have, through the operation of market choices by customers, been subscribed to by a substantial majority of residential customers; X` ` X (C) are being deployed in public telecommunications networks by telecommunications carriers; and X` ` X (D) are consistent with the public interest, convenience, and necessity.  X7-X` `  (2) Alterations and modifications.The Joint Board may, from time to time, recommend to the Commission modifications in the definition of the services that are supported by Federal universal service support mechanisms. `  X-X` `  (3) Special services.In addition to the services included in the definition of universal service under paragraph (1), the Commission may designate additional services for such support mechanisms for schools, libraries, and health care providers for the purposes of subsection (h). `  Xh$-` ` (d) Telecommunications Carrier Contribution.Every telecommunications carrier that provides interstate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, to the specific,":&h\+|'|'{{$" predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service. The Commission may exempt a carrier or class of carriers from this requirement if the carrier's telecommunications activities are limited to such an extent that the level of such carrier's contribution to the preservation and advancement of universal service would be de minimis. Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.  XH-` ` (e) Universal Service Support.After the date on which Commission regulations implementing this section take effect, only an eligible telecommunications carrier designated under section 214(e) shall be eligible to receive specific Federal universal service support. A carrier that receives such support shall use that support only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. Any such support should be explicit and sufficient to achieve the purposes of this section.  X-` ` (f) State Authority.A State may adopt regulations not inconsistent with the Commission's rules to preserve and advance universal service. Every telecommunications carrier that provides intrastate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, in a manner determined by the State to the preservation and advancement of universal service in that State. A State may adopt regulations to provide for additional definitions and standards to preserve and advance universal service within that State only to the extent that such regulations adopt additional specific, predictable, and sufficient mechanisms to support such definitions or standards that do not rely on or burden Federal universal service support mechanisms.  X-` ` (g) Interexchange and Interstate Services.Within 6 months after the date of enactment of the Telecommunications Act of 1996, the Commission shall adopt rules to require that the rates charged by providers of interexchange telecommunications services to subscribers in rural and high cost areas shall be no higher than the rates charged by each such provider to its subscribers in urban areas. Such rules shall also require that a provider of interstate interexchange telecommunications services shall provide such services to its subscribers in each State at rates no higher than the rates charged to its subscribers in any other State.  X-` ` (h) Telecommunications Services for Certain Providers.  X -X` `  (1) In general. `  X!-X` ` X (A) Health care providers for rural areas.A telecommunications carrier shall, upon receiving a bona fide request, provide telecommunications services which are necessary for the provision of health care services in a State, including instruction relating to such services, to any public or nonprofit health care provider that serves persons who reside in rural areas":&i\+|'|'{{$" in that State at rates that are reasonably comparable to rates charged for similar services in urban areas in that State. A telecommunications carrier providing service under this paragraph shall be entitled to have an amount equal to the difference, if any, between the rates for services provided to health care providers for rural areas in a State and the rates for similar services provided to other customers in comparable rural areas in that State treated as a service obligation as a part of its obligation to participate in the mechanisms to preserve and advance universal service.  X -X` ` X (B) Educational providers and libraries.All telecommunications carriers serving a geographic area shall, upon a bona fide request for any of its services that are within the definition of universal service under subsection (c)(3), provide such services to elementary schools, secondary schools, and libraries for educational purposes at rates less than the amounts charged for similar services to other parties. The discount shall be an amount that the Commission, with respect to interstate services, and the States, with respect to intrastate services, determine is appropriate and necessary to ensure affordable access to and use of such services by such entities. A telecommunications carrier providing service under this paragraph shall X` ` X Xhh(i) have an amount equal to the amount of the discount treated as an offset to its obligation to contribute to the mechanisms to preserve and advance universal service, or  X` ` X Xhh(ii) notwithstanding the provisions of subsection (e) of this section, receive reimbursement utilizing the support mechanisms to preserve and advance universal service.   X7-X` `  (2) Advanced services.The Commission shall establish competitively neutral rules ` X` ` X (A) to enhance, to the extent technically feasible and economically reasonable, access to advanced telecommunications and information services for all public and nonprofit elementary and secondary school classrooms, health care providers, and libraries; and X` ` X (B) to define the circumstances under which a telecommunications carrier may be required to connect its network to such public institutional telecommunications users.  XQ%-X` `  (3) Terms and conditions.Telecommunications services and network capacity provided to a public institutional telecommunications":&j\+|'|'{{$" user under this subsection may not be sold, resold, or otherwise transferred by such user in consideration for money or any other thing of value. `  X-X` `  (4) Eligibility of users.No entity listed in this subsection shall be entitled to preferential rates or treatment as required by this subsection, if such entity operates as a forprofit business, is a school described in paragraph (5)(A) with an endowment of more than $50,000,000, or is a library not eligible for participation in Statebased plans for funds under title III of the Library Services and Construction Act (20 U.S.C. 335c et seq.). `  X -X` `  (5) Definitions.For purposes of this subsection: `  X -X` ` X (A) Elementary and secondary schools.The term ''elementary and secondary schools'' means elementary schools and secondary schools, as defined in paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).  X-X` ` X (B) Health care provider.The term ''health care provider'' means X` ` X Xhh(i) postsecondary educational institutions offering health care instruction, teaching hospitals, and medical schools;  X` ` X Xhh(ii) community health centers or health centers providing health care to migrants;  X` ` X Xhh(iii) local health departments or agencies;  X` ` X Xhh(iv) community mental health centers;  X` ` X Xhh(v) notforprofit hospitals;  X` ` X Xhh(vi) rural health clinics; and  X` ` X Xhh(vii) consortia of health care providers consisting of one or more entities described in clauses (i) through (vi).   XN-X` ` X (C) Public institutional telecommunications user.The term ''public institutional telecommunications user'' means an elementary or secondary school, a library, or a health care provider as those terms are defined in this paragraph.  X-` ` (i) Consumer Protection.The Commission and the States should ensure that universal service is available at rates that are just, reasonable, and affordable.  X!-` ` (j) Lifeline Assistance.Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program provided for by the Commission under regulations set forth in section 69.117 of title 47, Code of Federal Regulations, and other related sections of such title.  XQ%-` ` (k) Subsidy of Competitive Services Prohibited.A telecommunications carrier may not use services that are not competitive to":&k\+|'|'{{$" subsidize services that are subject to competition. The Commission, with respect to interstate services, and the States, with respect to intrastate services, shall establish any necessary cost allocation rules, accounting safeguards, and guidelines to ensure that services included in the definition of universal service bear no more than a reasonable share of the joint and common costs of facilities used to provide those services.  X_- SEC. 255. [47 U.S.C. 255] ACCESS BY PERSONS WITH DISABILITIES.  XH- ` ` (a) Definitions.As used in this section  X1-X` `  (1) Disability.The term ''disability'' has the meaning given to it by section 3(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)). `  X -X` `  (2) Readily achievable.The term ''readily achievable'' has the meaning given to it by section 301(9) of that Act (42 U.S.C. 12181(9)). `  X -` ` (b) Manufacturing.A manufacturer of telecommunications equipment or customer premises equipment shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable.  XK-` ` (c) Telecommunications Services.A provider of telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable.  X-` ` (d) Compatibility.Whenever the requirements of subsections (b) and (c) are not readily achievable, such a manufacturer or provider shall ensure that the equipment or service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, if readily achievable.  X-` ` (e) Guidelines.Within 18 months after the date of enactment of the Telecommunications Act of 1996, the Architectural and Transportation Barriers Compliance Board shall develop guidelines for accessibility of telecommunications equipment and customer premises equipment in conjunction with the Commission. The Board shall review and update the guidelines periodically.  X -` ` (f) No Additional Private Rights Authorized.Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section or any regulation thereunder. The Commission shall have exclusive jurisdiction with respect to any complaint under this section.  X"- SEC. 256. [47 U.S.C. 256] COORDINATION FOR INTERCONNECTIVITY.  Xh$- ` ` (a) Purpose.It is the purpose of this section X` `  (1) to promote nondiscriminatory accessibility by the broadest number of users and vendors of communications products and services":&l\+|'|'{{$" to public telecommunications networks used to provide telecommunications service through ` X` ` X (A) coordinated public telecommunications network planning and design by telecommunications carriers and other providers of telecommunications service; and X` ` X (B) public telecommunications network interconnectivity, and interconnectivity of devices with such networks used to provide telecommunications service; and X` `  (2) to ensure the ability of users and information providers to seamlessly and transparently transmit and receive information between and across telecommunications networks. `  X -` ` (b) Commission Functions.In carrying out the purposes of this section, the Commission X` `  (1) shall establish procedures for Commission oversight of coordinated network planning by telecommunications carriers and other providers of telecommunications service for the effective and efficient interconnection of public telecommunications networks used to provide telecommunications service; and ` X` `  (2) may participate, in a manner consistent with its authority and practice prior to the date of enactment of this section, in the development by appropriate industry standardssetting organizations of public telecommunications network interconnectivity standards that promote access to ` X` ` X (A) public telecommunications networks used to provide telecommunications service; X` ` X (B) network capabilities and services by individuals with disabilities; and X` ` X (C) information services by subscribers of rural telephone companies.  Xe-` ` (c) Commission's Authority.Nothing in this section shall be construed as expanding or limiting any authority that the Commission may have under law in effect before the date of enactment of the Telecommunications Act of 1996.  X -` ` (d) Definition.As used in this section, the term ''public telecommunications network interconnectivity'' means the ability of two or more public telecommunications networks used to provide telecommunications service to communicate and exchange information without degeneration, and to interact in concert with one another.  X#- SEC. 257. [47 U.S.C. 257] MARKET ENTRY BARRIERS PROCEEDING.  XQ%- ` ` (a) Elimination of Barriers.Within 15 months after the date of enactment of the Telecommunications Act of 1996, the Commission shall":&m\+|'|'{{$" complete a proceeding for the purpose of identifying and eliminating, by regulations pursuant to its authority under this Act (other than this section), market entry barriers for entrepreneurs and other small businesses in the provision and ownership of telecommunications services and information services, or in the provision of parts or services to providers of telecommunications services and information services.  Xv-` ` (b) National Policy.In carrying out subsection (a), the Commission shall seek to promote the policies and purposes of this Act favoring diversity of media voices, vigorous economic competition, technological advancement, and promotion of the public interest, convenience, and necessity.  X -` ` (c) Periodic Review.Every 3 years following the completion of the proceeding required by subsection (a), the Commission shall review and report to Congress on X` `  (1) any regulations prescribed to eliminate barriers within its jurisdiction that are identified under subsection (a) and that can be prescribed consistent with the public interest, convenience, and necessity; and ` X` `  (2) the statutory barriers identified under subsection (a) that the Commission recommends be eliminated, consistent with the public interest, convenience, and necessity. `  X- SEC. 258. [47 U.S.C. 258] ILLEGAL CHANGES IN SUBSCRIBER CARRIER SELECTIONS.  X- ` ` (a) Prohibition.No telecommunications carrier shall submit or execute a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with such verification procedures as the Commission shall prescribe. Nothing in this section shall preclude any State commission from enforcing such procedures with respect to intrastate services.  Xe-` ` (b) Liability for Charges.Any telecommunications carrier that violates the verification procedures described in subsection (a) and that collects charges for telephone exchange service or telephone toll service from a subscriber shall be liable to the carrier previously selected by the subscriber in an amount equal to all charges paid by such subscriber after such violation, in accordance with such procedures as the Commission may prescribe. The remedies provided by this subsection are in addition to any other remedies available by law.  X"- SEC. 259. [47 U.S.C. 259] INFRASTRUCTURE SHARING.  X#- ` ` (a) Regulations Required.The Commission shall prescribe, within one year after the date of enactment of the Telecommunications Act of 1996, regulations that require incumbent local exchange carriers (as defined in section 251(h)) to make available to any qualifying carrier such public switched":&n\+|'|'{{$" network infrastructure, technology, information, and telecommunications facilities and functions as may be requested by such qualifying carrier for the purpose of enabling such qualifying carrier to provide telecommunications services, or to provide access to information services, in the service area in which such qualifying carrier has requested and obtained designation as an eligible telecommunications carrier under section 214(e).  Xv-` ` (b) Terms and Conditions of Regulations.The regulations prescribed by the Commission pursuant to this section shall X` `  (1) not require a local exchange carrier to which this section applies to take any action that is economically unreasonable or that is contrary to the public interest; ` X` `  (2) permit, but shall not require, the joint ownership or operation of public switched network infrastructure and services by or among such local exchange carrier and a qualifying carrier; ` X` `  (3) ensure that such local exchange carrier will not be treated by the Commission or any State as a common carrier for hire or as offering common carrier services with respect to any infrastructure, technology, information, facilities, or functions made available to a qualifying carrier in accordance with regulations issued pursuant to this section; ` X` `  (4) ensure that such local exchange carrier makes such infrastructure, technology, information, facilities, or functions available to a qualifying carrier on just and reasonable terms and conditions that permit such qualifying carrier to fully benefit from the economies of scale and scope of such local exchange carrier, as determined in accordance with guidelines prescribed by the Commission in regulations issued pursuant to this section; ` X` `  (5) establish conditions that promote cooperation between local exchange carriers to which this section applies and qualifying carriers; ` X` `  (6) not require a local exchange carrier to which this section applies to engage in any infrastructure sharing agreement for any services or access which are to be provided or offered to consumers by the qualifying carrier in such local exchange carrier's telephone exchange area; and ` X` `  (7) require that such local exchange carrier file with the Commission or State for public inspection, any tariffs, contracts, or other arrangements showing the rates, terms, and conditions under which such carrier is making available public switched network infrastructure and functions under this section. `  X"-` ` (c) Information Concerning Deployment of New Services and  X#-Equipment.A local exchange carrier to which this section applies that has entered into an infrastructure sharing agreement under this section shall provide to each party to such agreement timely information on the planned deployment of telecommunications services and equipment, including any software or":&o\+|'|'{{$" upgrades of software integral to the use or operation of such telecommunications equipment.  X-` ` (d) Definition.For purposes of this section, the term ''qualifying carrier'' means a telecommunications carrier that X` `  (1) lacks economies of scale or scope, as determined in accordance with regulations prescribed by the Commission pursuant to this section; and ` X` `  (2) offers telephone exchange service, exchange access, and any other service that is included in universal service, to all consumers without preference throughout the service area for which such carrier has been designated as an eligible telecommunications carrier under section 214(e). `  X - SEC. 260. [47 U.S.C. 260] PROVISION OF TELEMESSAGING SERVICE.  X - ` ` (a) Nondiscrimination Safeguards.Any local exchange carrier subject to the requirements of section 251(c) that provides telemessaging service X` `  (1) shall not subsidize its telemessaging service directly or indirectly from its telephone exchange service or its exchange access; and ` X` `  (2) shall not prefer or discriminate in favor of its telemessaging service operations in its provision of telecommunications services. `  X-` ` (b) Expedited Consideration of Complaints.The Commission shall establish procedures for the receipt and review of complaints concerning violations of subsection (a) or the regulations thereunder that result in material financial harm to a provider of telemessaging service. Such procedures shall ensure that the Commission will make a final determination with respect to any such complaint within 120 days after receipt of the complaint. If the complaint contains an appropriate showing that the alleged violation occurred, the Commission shall, within 60 days after receipt of the complaint, order the local exchange carrier and any affiliates to cease engaging in such violation pending such final determination.  X -` ` (c) Definition.As used in this section, the term ''telemessaging service'' means voice mail and voice storage and retrieval services, any live operator services used to record, transcribe, or relay messages (other than telecommunications relay services), and any ancillary services offered in combination with these services.  X#- SEC. 261. [47 U.S.C. 261] EFFECT ON OTHER REQUIREMENTS.  Xh$- ` ` (a) Commission Regulations.Nothing in this part shall be construed to prohibit the Commission from enforcing regulations prescribed prior to the date of enactment of the Telecommunications Act of 1996 in fulfilling the":&p\+|'|'{{$" requirements of this part, to the extent that such regulations are not inconsistent with the provisions of this part.  X-` ` (b) Existing State Regulations.Nothing in this part shall be construed to prohibit any State commission from enforcing regulations prescribed prior to the date of enactment of the Telecommunications Act of 1996, or from prescribing regulations after such date of enactment, in fulfilling the requirements of this part, if such regulations are not inconsistent with the provisions of this part.  XH-` ` (c) Additional State Requirements.Nothing in this part precludes a State from imposing requirements on a telecommunications carrier for intrastate services that are necessary to further competition in the provision of telephone exchange service or exchange access, as long as the State's requirements are not inconsistent with this part or the Commission's regulations to implement this part.  a <T#Z\  P58P# T uPART IIISPECIAL PROVISIONS CONCERNING BELL  a<>OPERATING COMPANIES #XN\  P XP# Tx  X- SEC. 271. [47 U.S.C. 271] BELL OPERATING COMPANY ENTRY INTO INTERLATA SERVICES.  X- ` ` (a) General Limitation.Neither a Bell operating company, nor any affiliate of a Bell operating company, may provide interLATA services except as provided in this section.  X\-` ` (b) InterLATA Services to Which This Section Applies.  XE-X` `  (1) Inregion services.A Bell operating company, or any affiliate of that Bell operating company, may provide interLATA services originating in any of its inregion States (as defined in subsection (i)) if the Commission approves the application of such company for such State under subsection (d)(3). `  X-X` `  (2) Outofregion services.A Bell operating company, or any affiliate of that Bell operating company, may provide interLATA services originating outside its inregion States after the date of enactment of the Telecommunications Act of 1996, subject to subsection (j). `  X_ -X` `  (3) Incidental interlata services.A Bell operating company, or any affiliate of a Bell operating company, may provide incidental interLATA services (as defined in subsection (g)) originating in any State after the date of enactment of the Telecommunications Act of 1996. `  X$-X` `  (4) Termination.Nothing in this section prohibits a Bell operating company or any of its affiliates from providing termination"%q\+|'|'{{$" for interLATA services, subject to subsection (j). `  X-` ` (c) Requirements for Providing Certain InRegion InterLATA  X-Services.  X-X` `  (1) Agreement or statement.A Bell operating company meets the requirements of this paragraph if it meets the requirements of subparagraph (A) or subparagraph (B) of this paragraph for each State for which the authorization is sought. `  X_-X` ` X (A) Presence of a facilitiesbased competitor.A Bell operating company meets the requirements of this subparagraph if it has entered into one or more binding agreements that have been approved under section 252 specifying the terms and conditions under which the Bell operating company is providing access and interconnection to its network facilities for the network facilities of one or more unaffiliated competing providers of telephone exchange service (as defined in section 3(47)(A), but excluding exchange access) to residential and business subscribers. For the purpose of this subparagraph, such telephone exchange service may be offered by such competing providers either exclusively over their own telephone exchange service facilities or predominantly over their own telephone exchange service facilities in combination with the resale of the telecommunications services of another carrier. For the purpose of this subparagraph, services provided pursuant to subpart K of part 22 of the Commission's regulations (47 C.F.R. 22.901 et seq.) shall not be considered to be telephone exchange services.  X-X` ` X (B) Failure to request access.A Bell operating company meets the requirements of this subparagraph if, after 10 months after the date of enactment of the Telecommunications Act of 1996, no such provider has requested the access and interconnection described in subparagraph (A) before the date which is 3 months before the date the company makes its application under subsection (d)(1), and a statement of the terms and conditions that the company generally offers to provide such access and interconnection has been approved or permitted to take effect by the State commission under section 252(f). For purposes of this subparagraph, a Bell operating company shall be considered not to have received any request for access and interconnection if the State commission of such State certifies that the only provider or providers making such a request have (i) failed to negotiate in good faith as required by section 252, or (ii) violated the terms of an agreement approved under section 252 by the provider's failure to comply, within a reasonable":&r\+|'|'{{$" period of time, with the implementation schedule contained in such agreement.  X-X` `  (2) Specific interconnection requirements. `  X-X` ` X (A) Agreement required.A Bell operating company meets the requirements of this paragraph if, within the State for which the authorization is sought X` ` X Xhh(i)(I) such company is providing access and interconnection pursuant to one or more agreements described in paragraph (1)(A), or  X` ` X Xhh(II) such company is generally offering access and interconnection pursuant to a statement described in paragraph (1)(B), and  X` ` X Xhh(ii) such access and interconnection meets the requirements of subparagraph (B) of this paragraph.   X -X` ` X (B) Competitive checklist.Access or interconnection provided or generally offered by a Bell operating company to other telecommunications carriers meets the requirements of this subparagraph if such access and interconnection includes each of the following: X` ` X Xhh(i) Interconnection in accordance with the requirements of sections 251(c)(2) and 252(d)(1).  X` ` X Xhh(ii) Nondiscriminatory access to network elements in accordance with the requirements of sections 251(c)(3) and 252(d)(1).  X` ` X Xhh(iii) Nondiscriminatory access to the poles, ducts, conduits, and rightsofway owned or controlled by the Bell operating company at just and reasonable rates in accordance with the requirements of section 224.  X` ` X Xhh(iv) Local loop transmission from the central office to the customer's premises, unbundled from local switching or other services.  X` ` X Xhh(v) Local transport from the trunk side of a wireline local exchange carrier switch unbundled from switching or other services.  X` ` X Xhh(vi) Local switching unbundled from transport, local loop transmission, or other services.  X` ` X Xhh(vii) Nondiscriminatory access to  X` ` X XXhh@(I) 911 and E911 services; h X` ` X XXhh@(II) directory assistance services to allow the other carrier's customers to obtain telephone numbers; and h X` ` X XXhh@(III) operator call completion services. h X` ` X Xhh(viii) White pages directory listings for customers":&s\+|'|'{{$" of the other carrier's telephone exchange service.  X` ` X Xhh(ix) Until the date by which telecommunications numbering administration guidelines, plan, or rules are established, nondiscriminatory access to telephone numbers for assignment to the other carrier's telephone exchange service customers. After that date, compliance with such guidelines, plan, or rules.  X` ` X Xhh(x) Nondiscriminatory access to databases and associated signaling necessary for call routing and completion.  X` ` X Xhh(xi) Until the date by which the Commission issues regulations pursuant to section 251 to require number portability, interim telecommunications number portability through remote call forwarding, direct inward dialing trunks, or other comparable arrangements, with as little impairment of functioning, quality, reliability, and convenience as possible. After that date, full compliance with such regulations.  X` ` X Xhh(xii) Nondiscriminatory access to such services or information as are necessary to allow the requesting carrier to implement local dialing parity in accordance with the requirements of section 251(b)(3).  X` ` X Xhh(xiii) Reciprocal compensation arrangements in accordance with the requirements of section 252(d)(2).  X` ` X Xhh(xiv) Telecommunications services are available for resale in accordance with the requirements of sections 251(c)(4) and 252(d)(3).   X-` ` (d) Administrative Provisions.  X|-X` `  (1) Application to commission.On and after the date of enactment of the Telecommunications Act of 1996, a Bell operating company or its affiliate may apply to the Commission for authorization to provide interLATA services originating in any inregion State. The application shall identify each State for which the authorization is sought. `  X-X` `  (2) Consultation. `  X-X` ` X (A) Consultation with the attorney general.The Commission shall notify the Attorney General promptly of any application under paragraph (1). Before making any determination under this subsection, the Commission shall consult with the Attorney General, and if the Attorney General submits any comments in writing, such comments shall be included in the record of the Commission's decision. In consulting with and submitting comments to the Commission":&t\+|'|'{{$" under this paragraph, the Attorney General shall provide to the Commission an evaluation of the application using any standard the Attorney General considers appropriate. The Commission shall give substantial weight to the Attorney General's evaluation, but such evaluation shall not have any preclusive effect on any Commission decision under paragraph (3).  Xv-X` ` X (B) Consultation with state commissions.Before making any determination under this subsection, the Commission shall consult with the State commission of any State that is the subject of the application in order to verify the compliance of the Bell operating company with the requirements of subsection (c).  X -X` `  (3) Determination.Not later than 90 days after receiving an application under paragraph (1), the Commission shall issue a written determination approving or denying the authorization requested in the application for each State. The Commission shall not approve the authorization requested in an application submitted under paragraph (1) unless it finds that ` X` ` X (A) the petitioning Bell operating company has met the requirements of subsection (c)(1) and X` ` X Xhh(i) with respect to access and interconnection provided pursuant to subsection (c)(1)(A), has fully implemented the competitive checklist in subsection (c)(2)(B); or  X` ` X Xhh(ii) with respect to access and interconnection generally offered pursuant to a statement under subsection (c)(1)(B), such statement offers all of the items included in the competitive checklist in subsection (c)(2)(B);  X` ` X (B) the requested authorization will be carried out in accordance with the requirements of section 272; and X` ` X (C) the requested authorization is consistent with the public interest, convenience, and necessity. X` ` The Commission shall state the basis for its approval or denial of the application. `  X -X` `  (4) Limitation on commission.The Commission may not, by rule or otherwise, limit or extend the terms used in the competitive checklist set forth in subsection (c)(2)(B). `  X -X` `  (5) Publication.Not later than 10 days after issuing a determination under paragraph (3), the Commission shall publish in the Federal Register a brief description of the determination. `  X#-X` `  (6) Enforcement of conditions. `  Xh$-X` ` X (A) Commission authority.If at any time after the approval of an application under paragraph (3), the Commission determines that a Bell operating company has ceased to meet any":&u\+|'|'{{$" of the conditions required for such approval, the Commission may, after notice and opportunity for a hearing X` ` X Xhh(i) issue an order to such company to correct the deficiency;  X` ` X Xhh(ii) impose a penalty on such company pursuant to title V; or  X` ` X Xhh(iii) suspend or revoke such approval.   X_-X` ` X (B) Receipt and review of complaints.The Commission shall establish procedures for the review of complaints concerning failures by Bell operating companies to meet conditions required for approval under paragraph (3). Unless the parties otherwise agree, the Commission shall act on such complaint within 90 days.  X -` ` (e) Limitations.  X -X` `  (1) Joint marketing of local and long distance services.Until a Bell operating company is authorized pursuant to subsection (d) to provide interLATA services in an inregion State, or until 36 months have passed since the date of enactment of the Telecommunications Act of 1996, whichever is earlier, a telecommunications carrier that serves greater than 5 percent of the Nation's presubscribed access lines may not jointly market in such State telephone exchange service obtained from such company pursuant to section 251(c)(4) with interLATA services offered by that telecommunications carrier. `  X-X` `  (2) Intralata toll dialing parity. `  X-X` ` X (A) Provision required.A Bell operating company granted authority to provide interLATA services under subsection (d) shall provide intraLATA toll dialing parity throughout that State coincident with its exercise of that authority.  Xe-X` ` X (B) Limitation.Except for singleLATA States and States that have issued an order by December 19, 1995, requiring a Bell operating company to implement intraLATA toll dialing parity, a State may not require a Bell operating company to implement intraLATA toll dialing parity in that State before a Bell operating company has been granted authority under this section to provide interLATA services originating in that State or before 3 years after the date of enactment of the Telecommunications Act of 1996, whichever is earlier. Nothing in this subparagraph precludes a State from issuing an order requiring intraLATA toll dialing parity in that State prior to either such date so long as such order does not take effect until after the earlier of either such dates.  X:&-` ` (f) Exception for Previously Authorized Activities.Neither":&v\+|'|'{{$" subsection (a) nor section 273 shall prohibit a Bell operating company or affiliate from engaging, at any time after the date of enactment of the Telecommunications Act of 1996, in any activity to the extent authorized by, and subject to the terms and conditions contained in, an order entered by the United States District Court for the District of Columbia pursuant to section VII or VIII(C) of the AT&T Consent Decree if such order was entered on or before such date of enactment, to the extent such order is not reversed or vacated on appeal. Nothing in this subsection shall be construed to limit, or to impose terms or conditions on, an activity in which a Bell operating company is otherwise authorized to engage under any other provision of this section.  X -` ` (g) Definition of Incidental InterLATA Services.For purposes of this section, the term ''incidental interLATA services'' means the interLATA provision by a Bell operating company or its affiliate X` `  (1)(A) of audio programming, video programming, or other programming services to subscribers to such services of such company or affiliate; ` X` `  (B) of the capability for interaction by such subscribers to select or respond to such audio programming, video programming, or other programming services; ` X` `  (C) to distributors of audio programming or video programming that such company or affiliate owns or controls, or is licensed by the copyright owner of such programming (or by an assignee of such owner) to distribute; or ` X` `  (D) of alarm monitoring services; ` X` `  (2) of twoway interactive video services or Internet services over dedicated facilities to or for elementary and secondary schools as defined in section 254(h)(5); ` X` `  (3) of commercial mobile services in accordance with section 332(c) of this Act and with the regulations prescribed by the Commission pursuant to paragraph (8) of such section; ` X` `  (4) of a service that permits a customer that is located in one LATA to retrieve stored information from, or file information for storage in, information storage facilities of such company that are located in another LATA; ` X` `  (5) of signaling information used in connection with the provision of telephone exchange services or exchange access by a local exchange carrier; or ` X` `  (6) of network control signaling information to, and receipt of such signaling information from, common carriers offering interLATA services at any location within the area in which such Bell operating company provides telephone exchange services or exchange access. `  XQ%-` ` (h) Limitations.The provisions of subsection (g) are intended to be narrowly construed. The interLATA services provided under subparagraph (A),":&w\+|'|'{{$" (B), or (C) of subsection (g)(1) are limited to those interLATA transmissions incidental to the provision by a Bell operating company or its affiliate of video, audio, and other programming services that the company or its affiliate is engaged in providing to the public. The Commission shall ensure that the provision of services authorized under subsection (g) by a Bell operating company or its affiliate will not adversely affect telephone exchange service ratepayers or competition in any telecommunications market.  X_-` ` (i) Additional Definitions.As used in this section  XH-X` `  (1) Inregion state.The term ''inregion State'' means a State in which a Bell operating company or any of its affiliates was authorized to provide wireline telephone exchange service pursuant to the reorganization plan approved under the AT&T Consent Decree, as in effect on the day before the date of enactment of the Telecommunications Act of 1996. `  X -X` `  (2) Audio programming services.The term ''audio programming services'' means programming provided by, or generally considered to be comparable to programming provided by, a radio broadcast station. `  Xb-X` `  (3) Video programming services; other programming  XK-services.The terms ''video programming service'' and ''other programming services'' have the same meanings as such terms have under section 602 of this Act. `  X-` ` (j) Certain Service Applications Treated as InRegion Service  X-Applications.For purposes of this section, a Bell operating company application to provide 800 service, private line service, or their equivalents that X` `  (1) terminate in an inregion State of that Bell operating company, and ` X` `  (2) allow the called party to determine the interLATA carrier, ` shall be considered an inregion service subject to the requirements of subsection (b)(1).  X - SEC. 272. [47 U.S.C. 272] SEPARATE AFFILIATE; SAFEGUARDS.  X - ` ` (a) Separate Affiliate Required for Competitive Activities.  X-X` `  (1) In general.A Bell operating company (including any affiliate) which is a local exchange carrier that is subject to the requirements of section 251(c) may not provide any service described in paragraph (2) unless it provides that service through one or more affiliates that ` X` ` X (A) are separate from any operating company entity that is subject to the requirements of section 251(c); and X` ` X (B) meet the requirements of subsection (b).  X:&-X` `  (2) Services for which a separate affiliate is required.":&x\+|'|'{{$"ԫThe services for which a separate affiliate is required by paragraph (1) are: ` X` ` X (A) Manufacturing activities (as defined in section 273(h)). X` ` X (B) Origination of interLATA telecommunications services, other than X` ` X Xhh(i) incidental interLATA services described in paragraphs (1), (2), (3), (5), and (6) of section 271(g);  X` ` X Xhh(ii) outofregion services described in section 271(b)(2); or  X` ` X Xhh(iii) previously authorized activities described in section 271(f).  X` ` X (C) InterLATA information services, other than electronic publishing (as defined in section 274(h)) and alarm monitoring services (as defined in section 275(e)).  X -` ` (b) Structural and Transactional Requirements.The separate affiliate required by this section X` `  (1) shall operate independently from the Bell operating company; ` X` `  (2) shall maintain books, records, and accounts in the manner prescribed by the Commission which shall be separate from the books, records, and accounts maintained by the Bell operating company of which it is an affiliate; ` X` `  (3) shall have separate officers, directors, and employees from the Bell operating company of which it is an affiliate; ` X` `  (4) may not obtain credit under any arrangement that would permit a creditor, upon default, to have recourse to the assets of the Bell operating company; and ` X` `  (5) shall conduct all transactions with the Bell operating company of which it is an affiliate on an arm's length basis with any such transactions reduced to writing and available for public inspection. `  XN-` ` (c) Nondiscrimination Safeguards.In its dealings with its affiliate described in subsection (a), a Bell operating company X` `  (1) may not discriminate between that company or affiliate and any other entity in the provision or procurement of goods, services, facilities, and information, or in the establishment of standards; and ` X` `  (2) shall account for all transactions with an affiliate described in subsection (a) in accordance with accounting principles designated or approved by the Commission. `  X"-` ` (d) Biennial Audit.  X#-X` `  (1) General requirement.A company required to operate a separate affiliate under this section shall obtain and pay for a joint Federal/State audit every 2 years conducted by an independent auditor to determine whether such company has complied with this section and the":&y\+|'|'{{$" regulations promulgated under this section, and particularly whether such company has complied with the separate accounting requirements under subsection (b). `  X-X` `  (2) Results submitted to commission; state commissions.The auditor described in paragraph (1) shall submit the results of the audit to the Commission and to the State commission of each State in which the company audited provides service, which shall make such results available for public inspection. Any party may submit comments on the final audit report. `  X1-X` `  (3) Access to documents.For purposes of conducting audits and reviews under this subsection ` X` ` X (A) the independent auditor, the Commission, and the State commission shall have access to the financial accounts and records of each company and of its affiliates necessary to verify transactions conducted with that company that are relevant to the specific activities permitted under this section and that are necessary for the regulation of rates; X` ` X (B) the Commission and the State commission shall have access to the working papers and supporting materials of any auditor who performs an audit under this section; and X` ` X (C) the State commission shall implement appropriate procedures to ensure the protection of any proprietary information submitted to it under this section.  X-` ` (e) Fulfillment of Certain Requests.A Bell operating company and an affiliate that is subject to the requirements of section 251(c) X` `  (1) shall fulfill any requests from an unaffiliated entity for telephone exchange service and exchange access within a period no longer than the period in which it provides such telephone exchange service and exchange access to itself or to its affiliates; ` X` `  (2) shall not provide any facilities, services, or information concerning its provision of exchange access to the affiliate described in subsection (a) unless such facilities, services, or information are made available to other providers of interLATA services in that market on the same terms and conditions; ` X` `  (3) shall charge the affiliate described in subsection (a), or impute to itself (if using the access for its provision of its own services), an amount for access to its telephone exchange service and exchange access that is no less than the amount charged to any unaffiliated interexchange carriers for such service; and ` X` `  (4) may provide any interLATA or intraLATA facilities or services to its interLATA affiliate if such services or facilities are made available to all carriers at the same rates and on the same terms and conditions, and so long as the costs are appropriately allocated. ` ":&z\+|'|'{{$"Ԍ X-` ` (f) Sunset.  X-X` `  (1) Manufacturing and long distance.The provisions of this section (other than subsection (e)) shall cease to apply with respect to the manufacturing activities or the interLATA telecommunications services of a Bell operating company 3 years after the date such Bell operating company or any Bell operating company affiliate is authorized to provide interLATA telecommunications services under section 271(d), unless the Commission extends such 3year period by rule or order. `  XH-X` `  (2) InterLATA information services.The provisions of this section (other than subsection (e)) shall cease to apply with respect to the interLATA information services of a Bell operating company 4 years after the date of enactment of the Telecommunications Act of 1996, unless the Commission extends such 4year period by rule or order. `  X -X` `  (3) Preservation of existing authority.Nothing in this subsection shall be construed to limit the authority of the Commission under any other section of this Act to prescribe safeguards consistent with the public interest, convenience, and necessity. `  Xb-` ` (g) Joint Marketing.  XK-X` `  (1) Affiliate sales of telephone exchange services.A Bell operating company affiliate required by this section may not market or sell telephone exchange services provided by the Bell operating company unless that company permits other entities offering the same or similar service to market and sell its telephone exchange services. `  X-X` `  (2) Bell operating company sales of affiliate services.A Bell operating company may not market or sell interLATA service provided by an affiliate required by this section within any of its inregion States until such company is authorized to provide interLATA services in such State under section 271(d). `  Xe-X` `  (3) Rule of construction.The joint marketing and sale of services permitted under this subsection shall not be considered to violate the nondiscrimination provisions of subsection (c). `  X -` ` (h) Transition.With respect to any activity in which a Bell operating company is engaged on the date of enactment of the Telecommunications Act of 1996, such company shall have one year from such date of enactment to comply with the requirements of this section.  X!- SEC. 273. [47 U.S.C. 273] MANUFACTURING BY BELL OPERATING COMPANIES.  X#- ` ` (a) Authorization.A Bell operating company may manufacture and provide telecommunications equipment, and manufacture customer premises equipment, if the Commission authorizes that Bell operating company or any Bell operating company affiliate to provide interLATA services under section":&{\+|'|'{{$" 271(d), subject to the requirements of this section and the regulations prescribed thereunder, except that neither a Bell operating company nor any of its affiliates may engage in such manufacturing in conjunction with a Bell operating company not so affiliated or any of its affiliates.  X-` ` (b) Collaboration; Research and Royalty Agreements.  X-X` `  (1) Collaboration.Subsection (a) shall not prohibit a Bell operating company from engaging in close collaboration with any manufacturer of customer premises equipment or telecommunications equipment during the design and development of hardware, software, or combinations thereof related to such equipment. `  X -X` `  (2) Certain research arrangements; royalty  X -agreements.Subsection (a) shall not prohibit a Bell operating company from ` X` ` X (A) engaging in research activities related to manufacturing, and X` ` X (B) entering into royalty agreements with manufacturers of telecommunications equipment.  Xy-` ` (c) Information Requirements.  Xb-X` `  (1) Information on protocols and technical  XK-requirements.Each Bell operating company shall, in accordance with regulations prescribed by the Commission, maintain and file with the Commission full and complete information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities. Each such company shall report promptly to the Commission any material changes or planned changes to such protocols and requirements, and the schedule for implementation of such changes or planned changes. `  X-X` `  (2) Disclosure of information.A Bell operating company shall not disclose any information required to be filed under paragraph (1) unless that information has been filed promptly, as required by regulation by the Commission. `  X7-X` `  (3) Access by competitors to information.The Commission may prescribe such additional regulations under this subsection as may be necessary to ensure that manufacturers have access to the information with respect to the protocols and technical requirements for connection with and use of telephone exchange service facilities that a Bell operating company makes available to any manufacturing affiliate or any unaffiliated manufacturer. `  X"-X` `  (4) Planning information.Each Bell operating company shall provide, to interconnecting carriers providing telephone exchange service, timely information on the planned deployment of telecommunications equipment. `  X:&-` ` (d) Manufacturing Limitations for StandardSetting":&|\+|'|'{{$"  X-Organizations.  X-X` `  (1) Application to bell communications research or  X-manufacturers.Bell Communications Research, Inc., or any successor entity or affiliate ` X` ` X (A) shall not be considered a Bell operating company or a successor or assign of a Bell operating company at such time as it is no longer an affiliate of any Bell operating company; and X` ` X (B) notwithstanding paragraph (3), shall not engage in manufacturing telecommunications equipment or customer premises equipment as long as it is an affiliate of more than 1 otherwise unaffiliated Bell operating company or successor or assign of any such company. X` ` Nothing in this subsection prohibits Bell Communications Research, Inc., or any successor entity, from engaging in any activity in which it is lawfully engaged on the date of enactment of the Telecommunications Act of 1996. Nothing provided in this subsection shall render Bell Communications Research, Inc., or any successor entity, a common carrier under title II of this Act. Nothing in this subsection restricts any manufacturer from engaging in any activity in which it is lawfully engaged on the date of enactment of the Telecommunications Act of 1996. `  X-X` `  (2) Proprietary information.Any entity which establishes standards for telecommunications equipment or customer premises equipment, or generic network requirements for such equipment, or certifies telecommunications equipment or customer premises equipment, shall be prohibited from releasing or otherwise using any proprietary information, designated as such by its owner, in its possession as a result of such activity, for any purpose other than purposes authorized in writing by the owner of such information, even after such entity ceases to be so engaged. `  XN-X` `  (3) Manufacturing safeguards.(A) Except as prohibited in paragraph (1), and subject to paragraph (6), any entity which certifies telecommunications equipment or customer premises equipment manufactured by an unaffiliated entity shall only manufacture a particular class of telecommunications equipment or customer premises equipment for which it is undertaking or has undertaken, during the previous 18 months, certification activity for such class of equipment through a separate affiliate. ` X` `  (B) Such separate affiliate shall ` X` ` X (i) maintain books, records, and accounts separate from those of the entity that certifies such equipment, consistent with generally acceptable accounting principles; X` ` X (ii) not engage in any joint manufacturing activities with":&}\+|'|'{{$" such entity; and X` ` X (iii) have segregated facilities and separate employees with such entity. X` `  (C) Such entity that certifies such equipment shall ` X` ` X (i) not discriminate in favor of its manufacturing affiliate in the establishment of standards, generic requirements, or product certification; X` ` X (ii) not disclose to the manufacturing affiliate any proprietary information that has been received at any time from an unaffiliated manufacturer, unless authorized in writing by the owner of the information; and X` ` X (iii) not permit any employee engaged in product certification for telecommunications equipment or customer premises equipment to engage jointly in sales or marketing of any such equipment with the affiliated manufacturer.  X -X` `  (4) Standardsetting entities.Any entity that is not an accredited standards development organization and that establishes industrywide standards for telecommunications equipment or customer premises equipment, or industrywide generic network requirements for such equipment, or that certifies telecommunications equipment or customer premises equipment manufactured by an unaffiliated entity, shall ` X` ` X (A) establish and publish any industrywide standard for, industrywide generic requirement for, or any substantial modification of an existing industrywide standard or industrywide generic requirement for, telecommunications equipment or customer premises equipment only in compliance with the following procedure X` ` X Xhh(i) such entity shall issue a public notice of its consideration of a proposed industrywide standard or industrywide generic requirement;  X` ` X Xhh(ii) such entity shall issue a public invitation to interested industry parties to fund and participate in such efforts on a reasonable and nondiscriminatory basis, administered in such a manner as not to unreasonably exclude any interested industry party;  X` ` X Xhh(iii) such entity shall publish a text for comment by such parties as have agreed to participate in the process pursuant to clause (ii), provide such parties a full opportunity to submit comments, and respond to comments from such parties;  X` ` X Xhh(iv) such entity shall publish a final text of the industrywide standard or industrywide generic":&~\+|'|'{{$" requirement, including the comments in their entirety, of any funding party which requests to have its comments so published; and  X` ` X Xhh(v) such entity shall attempt, prior to publishing a text for comment, to agree with the funding parties as a group on a mutually satisfactory dispute resolution process which such parties shall utilize as their sole recourse in the event of a dispute on technical issues as to which there is disagreement between any funding party and the entity conducting such activities, except that if no dispute resolution process is agreed to by all the parties, a funding party may utilize the dispute resolution procedures established pursuant to paragraph (5) of this subsection;  X` ` X (B) engage in product certification for telecommunications equipment or customer premises equipment manufactured by unaffiliated entities only if X` ` X Xhh(i) such activity is performed pursuant to published criteria;  X` ` X Xhh(ii) such activity is performed pursuant to auditable criteria; and  X` ` X Xhh(iii) such activity is performed pursuant to available industryaccepted testing methods and standards, where applicable, unless otherwise agreed upon by the parties funding and performing such activity;  X` ` X (C) not undertake any actions to monopolize or attempt to monopolize the market for such services; and X` ` X (D) not preferentially treat its own telecommunications equipment or customer premises equipment, or that of its affiliate, over that of any other entity in establishing and publishing industrywide standards or industrywide generic requirements for, and in certification of, telecommunications equipment and customer premises equipment.  X -X` `  (5) Alternate dispute resolution.Within 90 days after the date of enactment of the Telecommunications Act of 1996, the Commission shall prescribe a dispute resolution process to be utilized in the event that a dispute resolution process is not agreed upon by all the parties when establishing and publishing any industrywide standard or industrywide generic requirement for telecommunications equipment or customer premises equipment, pursuant to paragraph (4)(A)(v). The Commission shall not establish itself as a party to the dispute resolution process. Such dispute resolution process shall permit any funding party to resolve a dispute with the entity conducting the activity that":&\+|'|'{{$" significantly affects such funding party's interests, in an open, nondiscriminatory, and unbiased fashion, within 30 days after the filing of such dispute. Such disputes may be filed within 15 days after the date the funding party receives a response to its comments from the entity conducting the activity. The Commission shall establish penalties to be assessed for delays caused by referral of frivolous disputes to the dispute resolution process. `  X_-X` `  (6) Sunset.The requirements of paragraphs (3) and (4) shall terminate for the particular relevant activity when the Commission determines that there are alternative sources of industrywide standards, industrywide generic requirements, or product certification for a particular class of telecommunications equipment or customer premises equipment available in the United States. Alternative sources shall be deemed to exist when such sources provide commercially viable alternatives that are providing such services to customers. The Commission shall act on any application for such a determination within 90 days after receipt of such application, and shall receive public comment on such application. `  Xb-X` `  (7) Administration and enforcement authority.For the purposes of administering this subsection and the regulations prescribed thereunder, the Commission shall have the same remedial authority as the Commission has in administering and enforcing the provisions of this title with respect to any common carrier subject to this Act. `  X-X` `  (8) Definitions.For purposes of this subsection: ` X` ` X (A) The term ''affiliate'' shall have the same meaning as in section 3 of this Act, except that, for purposes of paragraph (1)(B) X` ` X Xhh(i) an aggregate voting equity interest in Bell Communications Research, Inc., of at least 5 percent of its total voting equity, owned directly or indirectly by more than 1 otherwise unaffiliated Bell operating company, shall constitute an affiliate relationship; and  X` ` X Xhh(ii) a voting equity interest in Bell Communications Research, Inc., by any otherwise unaffiliated Bell operating company of less than 1 percent of Bell Communications Research's total voting equity shall not be considered to be an equity interest under this paragraph.  X` ` X (B) The term ''generic requirement'' means a description of acceptable product attributes for use by local exchange carriers in establishing product specifications for the purchase of telecommunications equipment, customer premises equipment, and software integral thereto. ":&\+|'|'{{$"ԌX` ` X (C) The term ''industrywide'' means activities funded by or performed on behalf of local exchange carriers for use in providing wireline telephone exchange service whose combined total of deployed access lines in the United States constitutes at least 30 percent of all access lines deployed by telecommunications carriers in the United States as of the date of enactment of the Telecommunications Act of 1996. X` ` X (D) The term ''certification'' means any technical process whereby a party determines whether a product, for use by more than one local exchange carrier, conforms with the specified requirements pertaining to such product. X` ` X (E) The term ''accredited standards development organization'' means an entity composed of industry members which has been accredited by an institution vested with the responsibility for standards accreditation by the industry.  X -` ` (e) Bell Operating Company Equipment Procurement and  X-Sales.  Xy-X` `  (1) Nondiscrimination standards for manufacturing.In the procurement or awarding of supply contracts for telecommunications equipment, a Bell operating company, or any entity acting on its behalf, for the duration of the requirement for a separate subsidiary including manufacturing under this Act ` X` ` X (A) shall consider such equipment, produced or supplied by unrelated persons; and X` ` X (B) may not discriminate in favor of equipment produced or supplied by an affiliate or related person.  X-X` `  (2) Procurement standards.Each Bell operating company or any entity acting on its behalf shall make procurement decisions and award all supply contracts for equipment, services, and software on the basis of an objective assessment of price, quality, delivery, and other commercial factors. `  X7-X` `  (3) Network planning and design.A Bell operating company shall, to the extent consistent with the antitrust laws, engage in joint network planning and design with local exchange carriers operating in the same area of interest. No participant in such planning shall be allowed to delay the introduction of new technology or the deployment of facilities to provide telecommunications services, and agreement with such other carriers shall not be required as a prerequisite for such introduction or deployment. `  X#-X` `  (4) Sales restrictions.Neither a Bell operating company engaged in manufacturing nor a manufacturing affiliate of such a company shall restrict sales to any local exchange carrier of telecommunications equipment, including software integral to the":&\+|'|'{{$" operation of such equipment and related upgrades. `  X-X` `  (5) Protection of proprietary information.A Bell operating company and any entity it owns or otherwise controls shall protect the proprietary information submitted for procurement decisions from release not specifically authorized by the owner of such information. `  Xv-` ` (f) Administration and Enforcement Authority.For the purposes of administering and enforcing the provisions of this section and the regulations prescribed thereunder, the Commission shall have the same authority, power, and functions with respect to any Bell operating company or any affiliate thereof as the Commission has in administering and enforcing the provisions of this title with respect to any common carrier subject to this Act.  X -` ` (g) Additional Rules and Regulations.The Commission may prescribe such additional rules and regulations as the Commission determines are necessary to carry out the provisions of this section, and otherwise to prevent discrimination and crosssubsidization in a Bell operating company's dealings with its affiliate and with third parties.  Xy-` ` (h) Definition.As used in this section, the term ''manufacturing'' has the same meaning as such term has under the AT&T Consent Decree.  X4- SEC. 274. [47 U.S.C. 274] ELECTRONIC PUBLISHING BY BELL OPERATING COMPANIES.  X- ` ` (a) Limitations.No Bell operating company or any affiliate may engage in the provision of electronic publishing that is disseminated by means of such Bell operating company's or any of its affiliates' basic telephone service, except that nothing in this section shall prohibit a separated affiliate or electronic publishing joint venture operated in accordance with this section from engaging in the provision of electronic publishing.  X|-` ` (b) Separated Affiliate or Electronic Publishing Joint Venture  Xe-Requirements.A separated affiliate or electronic publishing joint venture shall be operated independently from the Bell operating company. Such separated affiliate or joint venture and the Bell operating company with which it is affiliated shall X` `  (1) maintain separate books, records, and accounts and prepare separate financial statements; ` X` `  (2) not incur debt in a manner that would permit a creditor of the separated affiliate or joint venture upon default to have recourse to the assets of the Bell operating company; ` X` `  (3) carry out transactions (A) in a manner consistent with such independence, (B) pursuant to written contracts or tariffs that are filed with the Commission and made publicly available, and (C) in a manner that is auditable in accordance with generally accepted auditing standards; ` ":&\+|'|'{{$"ԌX` `  (4) value any assets that are transferred directly or indirectly from the Bell operating company to a separated affiliate or joint venture, and record any transactions by which such assets are transferred, in accordance with such regulations as may be prescribed by the Commission or a State commission to prevent improper cross subsidies; ` X` `  (5) between a separated affiliate and a Bell operating company ` X` ` X (A) have no officers, directors, and employees in common after the effective date of this section; and X` ` X (B) own no property in common; X` `  (6) not use for the marketing of any product or service of the separated affiliate or joint venture, the name, trademarks, or service marks of an existing Bell operating company except for names, trademarks, or service marks that are owned by the entity that owns or controls the Bell operating company; ` X` `  (7) not permit the Bell operating company ` X` ` X (A) to perform hiring or training of personnel on behalf of a separated affiliate; X` ` X (B) to perform the purchasing, installation, or maintenance of equipment on behalf of a separated affiliate, except for telephone service that it provides under tariff or contract subject to the provisions of this section; or X` ` X (C) to perform research and development on behalf of a separated affiliate; X` `  (8) each have performed annually a compliance review ` X` ` X (A) that is conducted by an independent entity for the purpose of determining compliance during the preceding calendar year with any provision of this section; and X` ` X (B) the results of which are maintained by the separated affiliate or joint venture and the Bell operating company for a period of 5 years subject to review by any lawful authority; and X` `  (9) within 90 days of receiving a review described in paragraph (8), file a report of any exceptions and corrective action with the Commission and allow any person to inspect and copy such report subject to reasonable safeguards to protect any proprietary information contained in such report from being used for purposes other than to enforce or pursue remedies under this section. `  X!-` ` (c) Joint Marketing.  X"-X` `  (1) In general.Except as provided in paragraph (2) ` X` ` X (A) a Bell operating company shall not carry out any promotion, marketing, sales, or advertising for or in conjunction with a separated affiliate; and X` ` X (B) a Bell operating company shall not carry out any":&\+|'|'{{$" promotion, marketing, sales, or advertising for or in conjunction with an affiliate that is related to the provision of electronic publishing.  X-X` `  (2) Permissible joint activities. `  X-X` ` X (A) Joint telemarketing.A Bell operating company may provide inbound telemarketing or referral services related to the provision of electronic publishing for a separated affiliate, electronic publishing joint venture, affiliate, or unaffiliated  XH-electronic publisher: Provided, That if such services are provided to a separated affiliate, electronic publishing joint venture, or affiliate, such services shall be made available to all electronic publishers on request, on nondiscriminatory terms.  X -X` ` X (B) Teaming arrangements.A Bell operating company may engage in nondiscriminatory teaming or business arrangements to engage in electronic publishing with any separated affiliate or with any other electronic publisher if (i) the Bell operating company only provides facilities, services, and basic telephone service information as authorized by this section, and (ii) the Bell operating company does not own such teaming or business arrangement.  X6-X` ` X (C) Electronic publishing joint ventures.A Bell operating company or affiliate may participate on a nonexclusive basis in electronic publishing joint ventures with entities that are not a Bell operating company, affiliate, or separated affiliate to provide electronic publishing services, if the Bell operating company or affiliate has not more than a 50 percent direct or indirect equity interest (or the equivalent thereof) or the right to more than 50 percent of the gross revenues under a revenue sharing or royalty agreement in any electronic publishing joint venture. Officers and employees of a Bell operating company or affiliate participating in an electronic publishing joint venture may not have more than 50 percent of the voting control over the electronic publishing joint venture. In the case of joint ventures with small, local electronic publishers, the Commission for good cause shown may authorize the Bell operating company or affiliate to have a larger equity interest, revenue share, or voting control but not to exceed 80 percent. A Bell operating company participating in an electronic publishing joint venture may provide promotion, marketing, sales, or advertising personnel and services to such joint venture.  Xj$-` ` (d) Bell Operating Company Requirement.A Bell operating company under common ownership or control with a separated affiliate or electronic publishing joint venture shall provide network access and"<&\+|'|'{{$" interconnections for basic telephone service to electronic publishers at just and reasonable rates that are tariffed (so long as rates for such services are subject to regulation) and that are not higher on a perunit basis than those charged for such services to any other electronic publisher or any separated affiliate engaged in electronic publishing.  X-` ` (e) Private Right of Action.  Xv-X` `  (1) Damages.Any person claiming that any act or practice of any Bell operating company, affiliate, or separated affiliate constitutes a violation of this section may file a complaint with the Commission or bring suit as provided in section 207 of this Act, and such Bell operating company, affiliate, or separated affiliate shall be liable as provided in section 206 of this Act; except that damages may not be awarded for a violation that is discovered by a compliance review as required by subsection (b)(7) of this section and corrected within 90 days. `  X -X` `  (2) Cease and desist orders.In addition to the provisions of paragraph (1), any person claiming that any act or practice of any Bell operating company, affiliate, or separated affiliate constitutes a violation of this section may make application to the Commission for an order to cease and desist such violation or may make application in any district court of the United States of competent jurisdiction for an order enjoining such acts or practices or for an order compelling compliance with such requirement. `  X-` ` (f) Separated Affiliate Reporting Requirement.Any separated affiliate under this section shall file with the Commission annual reports in a form substantially equivalent to the Form 10K required by regulations of the Securities and Exchange Commission.  X-` ` (g) Effective Dates.  X|-X` `  (1) Transition.Any electronic publishing service being offered to the public by a Bell operating company or affiliate on the date of enactment of the Telecommunications Act of 1996 shall have one year from such date of enactment to comply with the requirements of this section. `  X -X` `  (2) Sunset.The provisions of this section shall not apply to conduct occurring after 4 years after the date of enactment of the Telecommunications Act of 1996. `  X -` ` (h) Definition of Electronic Publishing.  X!-X` `  (1) In general.The term ''electronic publishing'' means the dissemination, provision, publication, or sale to an unaffiliated entity or person, of any one or more of the following: news (including sports); entertainment (other than interactive games); business, financial, legal, consumer, or credit materials; editorials, columns, or features; advertising; photos or images; archival or research material; legal":&\+|'|'{{$" notices or public records; scientific, educational, instructional, technical, professional, trade, or other literary materials; or other like or similar information. `  X-X` `  (2) Exceptions.The term ''electronic publishing'' shall not include the following services: ` X` ` X (A) Information access, as that term defined by the AT&T Consent Decree. X` ` X (B) The transmission of information as a common carrier. X` ` X (C) The transmission of information as part of a gateway to an information service that does not involve the generation or alteration of the content of information, including data transmission, address translation, protocol conversion, billing management, introductory information content, and navigational systems that enable users to access electronic publishing services, which do not affect the presentation of such electronic publishing services to users. X` ` X (D) Voice storage and retrieval services, including voice messaging and electronic mail services. X` ` X (E) Data processing or transaction processing services that do not involve the generation or alteration of the content of information. X` ` X (F) Electronic billing or advertising of a Bell operating company's regulated telecommunications services. X` ` X (G) Language translation or data format conversion. X` ` X (H) The provision of information necessary for the management, control, or operation of a telephone company telecommunications system. X` ` X (I) The provision of directory assistance that provides names, addresses, and telephone numbers and does not include advertising. X` ` X (J) Caller identification services. X` ` X (K) Repair and provisioning databases and credit card and billing validation for telephone company operations. X` ` X (L) 911E and other emergency assistance databases. X` ` X (M) Any other network service of a type that is like or similar to these network services and that does not involve the generation or alteration of the content of information. X` ` X (N) Any upgrades to these network services that do not involve the generation or alteration of the content of information. X` ` X (O) Video programming or full motion video entertainment on demand.  XQ%-` ` (i) Additional Definitions.As used in this section X` `  (1) The term ''affiliate'' means any entity that, directly or":&\+|'|'{{$" indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, a Bell operating company. Such term shall not include a separated affiliate. ` X` `  (2) The term ''basic telephone service'' means any wireline telephone exchange service, or wireline telephone exchange service facility, provided by a Bell operating company in a telephone exchange area, except that such term does not include ` X` ` X (A) a competitive wireline telephone exchange service provided in a telephone exchange area where another entity provides a wireline telephone exchange service that was provided on January 1, 1984, or X` ` X (B) a commercial mobile service. X` `  (3) The term ''basic telephone service information'' means network and customer information of a Bell operating company and other information acquired by a Bell operating company as a result of its engaging in the provision of basic telephone service. ` X` `  (4) The term ''control'' has the meaning that it has in 17 C.F.R. 240.12b2, the regulations promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or any successor provision to such section. ` X` `  (5) The term ''electronic publishing joint venture'' means a joint venture owned by a Bell operating company or affiliate that engages in the provision of electronic publishing which is disseminated by means of such Bell operating company's or any of its affiliates' basic telephone service. ` X` `  (6) The term ''entity'' means any organization, and includes corporations, partnerships, sole proprietorships, associations, and joint ventures. ` X` `  (7) The term ''inbound telemarketing'' means the marketing of property, goods, or services by telephone to a customer or potential customer who initiated the call. ` X` `  (8) The term ''own'' with respect to an entity means to have a direct or indirect equity interest (or the equivalent thereof) of more than 10 percent of an entity, or the right to more than 10 percent of the gross revenues of an entity under a revenue sharing or royalty agreement. ` X` `  (9) The term ''separated affiliate'' means a corporation under common ownership or control with a Bell operating company that does not own or control a Bell operating company and is not owned or controlled by a Bell operating company and that engages in the provision of electronic publishing which is disseminated by means of such Bell operating company's or any of its affiliates' basic telephone service. ` X` `  (10) The term ''Bell operating company'' has the meaning":&\+|'|'{{$" provided in section 3, except that such term includes any entity or corporation that is owned or controlled by such a company (as so defined) but does not include an electronic publishing joint venture owned by such an entity or corporation. `  X- SEC. 275. [47 U.S.C. 275] ALARM MONITORING SERVICES.  Xv- ` ` (a) Delayed Entry Into Alarm Monitoring.  X_-X` `  (1) Prohibition.No Bell operating company or affiliate thereof shall engage in the provision of alarm monitoring services before the date which is 5 years after the date of enactment of the Telecommunications Act of 1996. `  X -X` `  (2) Existing activities.Paragraph (1) does not prohibit or limit the provision, directly or through an affiliate, of alarm monitoring services by a Bell operating company that was engaged in providing alarm monitoring services as of November 30, 1995, directly or through an affiliate. Such Bell operating company or affiliate may not acquire any equity interest in, or obtain financial control of, any unaffiliated alarm monitoring service entity after November 30, 1995, and until 5 years after the date of enactment of the Telecommunications Act of 1996, except that this sentence shall not prohibit an exchange of customers for the customers of an unaffiliated alarm monitoring service entity. `  X-` ` (b) Nondiscrimination.An incumbent local exchange carrier (as defined in section 251(h)) engaged in the provision of alarm monitoring services shall X` `  (1) provide nonaffiliated entities, upon reasonable request, with the network services it provides to its own alarm monitoring operations, on nondiscriminatory terms and conditions; and ` X` `  (2) not subsidize its alarm monitoring services either directly or indirectly from telephone exchange service operations. `  XN-` ` (c) Expedited Consideration of Complaints.The Commission shall establish procedures for the receipt and review of complaints concerning violations of subsection (b) or the regulations thereunder that result in material financial harm to a provider of alarm monitoring service. Such procedures shall ensure that the Commission will make a final determination with respect to any such complaint within 120 days after receipt of the complaint. If the complaint contains an appropriate showing that the alleged violation occurred, as determined by the Commission in accordance with such regulations, the Commission shall, within 60 days after receipt of the complaint, order the incumbent local exchange carrier (as defined in section 251(h)) and its affiliates to cease engaging in such violation pending such final determination.  XQ%-` ` (d) Use of Data.A local exchange carrier may not record or use in any fashion the occurrence or contents of calls received by providers of alarm":&\+|'|'{{$" monitoring services for the purposes of marketing such services on behalf of such local exchange carrier, or any other entity. Any regulations necessary to enforce this subsection shall be issued initially within 6 months after the date of enactment of the Telecommunications Act of 1996.  X-` ` (e) Definition of Alarm Monitoring Service.The term ''alarm monitoring service'' means a service that uses a device located at a residence, place of business, or other fixed premises X` `  (1) to receive signals from other devices located at or about such premises regarding a possible threat at such premises to life, safety, or property, from burglary, fire, vandalism, bodily injury, or other emergency, and ` X` `  (2) to transmit a signal regarding such threat by means of transmission facilities of a local exchange carrier or one of its affiliates to a remote monitoring center to alert a person at such center of the need to inform the customer or another person or police, fire, rescue, security, or public safety personnel of such threat, ` ` ` but does not include a service that uses a medical monitoring device attached to an individual for the automatic surveillance of an ongoing medical condition.  X4- SEC. 276. [47 U.S.C. 276] PROVISION OF PAYPHONE SERVICE.  X- ` ` (a) Nondiscrimination Safeguards.After the effective date of the rules prescribed pursuant to subsection (b), any Bell operating company that provides payphone service X` `  (1) shall not subsidize its payphone service directly or indirectly from its telephone exchange service operations or its exchange access operations; and ` X` `  (2) shall not prefer or discriminate in favor of its payphone service. `  Xe-` ` (b) Regulations.  XN-X` `  (1) Contents of regulations.In order to promote competition among payphone service providers and promote the widespread deployment of payphone services to the benefit of the general public, within 9 months after the date of enactment of the Telecommunications Act of 1996, the Commission shall take all actions necessary (including any reconsideration) to prescribe regulations that ` X` ` X (A) establish a per call compensation plan to ensure that all payphone service providers are fairly compensated for each and every completed intrastate and interstate call using their payphone, except that emergency calls and telecommunications relay service calls for hearing disabled individuals shall not be subject to such compensation; X` ` X (B) discontinue the intrastate and interstate carrier access":&\+|'|'{{$" charge payphone service elements and payments in effect on such date of enactment, and all intrastate and interstate payphone subsidies from basic exchange and exchange access revenues, in favor of a compensation plan as specified in subparagraph (A); X` ` X (C) prescribe a set of nonstructural safeguards for Bell operating company payphone service to implement the provisions of paragraphs (1) and (2) of subsection (a), which safeguards shall, at a minimum, include the nonstructural safeguards equal to those adopted in the Computer InquiryIII (CC Docket No. 90623) proceeding; X` ` X (D) provide for Bell operating company payphone service providers to have the same right that independent payphone providers have to negotiate with the location provider on the location provider's selecting and contracting with, and, subject to the terms of any agreement with the location provider, to select and contract with, the carriers that carry interLATA calls from their payphones, unless the Commission determines in the rulemaking pursuant to this section that it is not in the public interest; and X` ` X (E) provide for all payphone service providers to have the right to negotiate with the location provider on the location provider's selecting and contracting with, and, subject to the terms of any agreement with the location provider, to select and contract with, the carriers that carry intraLATA calls from their payphones.  X-X` `  (2) Public interest telephones.In the rulemaking conducted pursuant to paragraph (1), the Commission shall determine whether public interest payphones, which are provided in the interest of public health, safety, and welfare, in locations where there would otherwise not be a payphone, should be maintained, and if so, ensure that such public interest payphones are supported fairly and equitably. `  X7-X` `  (3) Existing contracts.Nothing in this section shall affect any existing contracts between location providers and payphone service providers or interLATA or intraLATA carriers that are in force and effect as of the date of enactment of the Telecommunications Act of 1996. `  X -` ` (c) State Preemption.To the extent that any State requirements are inconsistent with the Commission's regulations, the Commission's regulations on such matters shall preempt such State requirements.  X#-` ` (d) Definition.As used in this section, the term ''payphone service'' means the provision of public or semipublic pay telephones, the provision of inmate telephone service in correctional institutions, and any ancillary services. ":&\+|'|'{{$"Ԍ sK#u\  P P# TITLE IIIPROVISIONS RELATING TO  sMK1RADIO #XN\  P XP# Tx  a< #Z\  P58P# PART IGENERAL PROVISIONS #XN\  P XP#  X-Tx SEC. 301. [47 U.S.C. 301] LICENSE FOR RADIO COMMUNICATION  X_-OR TRANSMISSION OF ENERGY ` ` It is the purpose of this Act, among other things, to maintain the control of the United States over all the channels of radio transmission; and to provide for the use of such channels, but not the ownership thereof, by persons for limited periods of time, under licenses granted by Federal authority, and no such license shall be construed to create any right, beyond the terms, conditions, and periods of the license. No person shall use or operate any apparatus for the transmission of energy or communications or signals by radio (a) from one place in any State, Territory, or possession of the United States or in the District of Columbia to another place in the same State, Territory, possession, or District; or (b) from any State, Territory, or possession of the United States, or from the District of Columbia to any other State, Territory, or possession of the United States; or (c) from any place in any State, Territory, or possession of the United States, or in the District of Columbia, to any place in any foreign country or to any vessel; or (d) within any State when the effects of such use extend beyond the borders of said State, or when interference is caused by such use or operation with the transmission of such energy, communications, or signals from within said State to any place beyond its borders, or from any place beyond its borders to any place within said State, or with the transmission or reception of such energy, communications, or signals from and/or to places beyond the borders of said State; or (e) upon any vessel or aircraft of the United States (except as provided in section 303(t)); or (f) upon any other mobile stations within the jurisdiction of the United States, except under and in accordance with this Act and with a license in that behalf granted under the provisions of this Act.  X - SEC. 302. [47 U.S.C. 302] DEVICES WHICH INTERFERE WITH RADIO RECEPTION.  X- ` ` (a) The Commission may, consistent with the public interest, convenience, and necessity, make reasonable regulations (1) governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy. Such regulations shall be applicable to the manufacture, import, sale,":&\+|'|'{{5%" offer for sale, or shipment of such devices and home electronic equipment and systems, and to the use of such devices. ` ` (b) No person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section. ` ` (c) The provisions of this section shall not be applicable to carriers transporting such devices or home electronic equipment and systems without trading in them, to devices or home electronic equipment and systems manufactured solely for export, to the equipment manufacturer, assembly, or installation of devices or home electronic and systems for its own use by a public utility engaged in providing electric service, or to devices or home electronic equipment and systems for use by the Government of the United States or any agency thereof. Devices and home electronic equipment and systems for use by the Government of the United States or any agency thereof shall be developed, procured, or otherwise acquired, including offshore procurement, under United States Government criteria, standards, or specifications designed to achieve the objectives of reducing interference to radio reception and to home electronic equipment and systems, taking into account the unique needs of national defense and security. ` ` (d)(1) Within 180 days after the date of enactment of this subsection, the Commission shall prescribe and make effective regulations denying equipment authorization (under part 15 of title 47, Code of Federal Regulations, or any other part of that title) for any scanning receiver that is capable of X` `  (A) receiving transmissions in the frequencies allocated to the domestic cellular radio telecommunications service, ` X` `  (B) readily being altered by the user to receive transmissions in such frequencies, or ` X` `  (C) being equipped with decoders that convert digital cellular transmissions to analog voice audio. ` ` ` (2) Beginning 1 year after the effective date of the regulations adopted pursuant to paragraph (1), no receiver having the capabilities described in subparagraph (A), (B), or (C) of paragraph (1), as such capabilities are defined in such regulations, shall be manufactured in the United States or imported for use in the United States. ` ` (e) The Commission may X` `  (1) authorize the use of private organizations for testing and certifying the compliance of devices or home electronic equipment and systems with regulations promulgated under this section; ` X` `  (2) accept as prima facie evidence of such compliance the certification by any such organization; and ` X` `  (3) establish such qualifications and standards as it deems appropriate for such private organizations, testing, and certification. `  X:&- ":&\+|'|'{{$"Ԍ X-SEC. 303. [47 U.S.C. 303] GENERAL POWERS OF COMMISSION. ` ` Except as otherwise provided in this Act, the Commission from time to time, as public convenience, interest, or necessity requires shall ` ` (a) Classify radio stations; ` ` (b) Prescribe the nature of the service to be rendered by each class of  X-licensed stations and each station within any class;(c) Assign bands of frequencies to the various classes of stations, and assign frequencies for each individual station and determine the power which each station shall use and the time during which it may operate; ` ` (d) Determine the location of classes of stations or individual stations; ` ` (e) Regulate the kind of apparatus to be used with respect to its external effects and the purity and sharpness of the emissions from each station and from the apparatus therein; ` ` (f) Make such regulations not inconsistent with law as it may deem necessary to prevent interference between stations and to carry out the  X -provisions of this Act: Provided, however, that changes in the frequencies, authorized power, or in the times of operation of any station, shall not be made without the consent of the station licensee unless the Commission shall determine that such changes will promote public convenience or interest or will serve public necessity, or the provisions of this Act will be more fully complied with; ` ` (g) Study new uses for radio, provide for experimental uses of frequencies, and generally encourage the larger and more effective use of radio in the public interest; ` ` (h) Have authority to establish areas or zones to be served by any station; ` ` (i) Have authority to make special regulations applicable to radio stations engaged in chain broadcasting; ` ` (j) Have authority to make general rules and regulations requiring stations to keep such records of programs, transmissions of energy, communications or signals as it may deem desirable; ` ` (k) Have authority to exclude from the requirements of any regulations in whole or in part any radio station upon railroad rolling stock, or to modify such regulations in its discretion; ` ` (l)(1) Have the authority to prescribe the qualifications of station operators, to classify them according to the duties to be performed, to fix the forms of such licenses, and to issue them to persons who are found to be qualified by the Commission and who otherwise are legally eligible for employment in the United States, except that such requirement relating to eligibility for employment in the United States shall not apply in the case of licenses issued by the Commission to (A) persons holding United States pilot certificates; or (B) persons holding foreign aircraft pilot certificates which are valid in the United States, if the foreign government involved has entered into a"<&\+|'|'{{$" reciprocal agreement under which such foreign government does not impose any similar requirement relating to eligibility for employment upon citizens of the United States; ` ` (2) Notwithstanding paragraph (1) of this subsection, an individual to whom a radio station is licensed under the provisions of this Act may be issued an operator's license to operate that station. ` ` (3) In addition to amateur operator licenses which the Commission may issue to aliens pursuant to paragraph (2) of this subsection, and notwithstanding section 301 of this Act and paragraph (1) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a multilateral or bilateral agreement, to which the United States and the alien's government are parties, for such operation on a reciprocal basis by United States amateur radio operators. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension or cancellation of any such authorization. ` ` (m)(1) Have authority to suspend the license of any operator upon proof sufficient to satisfy the Commission that the licensee ` ` (a) Has violated, or caused, aided, or abetted the violation of, any provision of any Act, treaty, or convention binding on the United States, which the Commission is authorized to administer, or any regulation made by the Commission under any such Act, treaty, or convention; or ` ` (B) Has failed to carry out a lawful order of the master or person lawfully in charge of the ship or aircraft on which he is employed; or ` ` (C) Has willfully damaged or permitted radio apparatus or installations to be damaged; or ` ` (D) Has transmitted superfluous radio communications or signals or communications containing profane or obscene words, language, or meaning, or has knowingly transmitted ` ` (1) False or deceptive signals or communications; or ` ` (2) A call signal or letter which has not been assigned by proper authority to the station he is operating; or ` ` (E) Has willfully or maliciously interfered with any other radio communications or signals; or ` ` (F) Has obtained or attempted to obtain, or has assisted another to obtain or attempt to obtain, an operator's license by fraudulent means. ` ` (2) No order of suspension of any operator's license shall take effect until fifteen days' notice in writing thereof, stating the cause for the proposed suspension, has been given to the operator licensee who may make written application to the Commission at any time within said fifteen days for hearing":&\+|'|'{{$" upon such order. The notice to the operator licensee shall not be effective until actually received by him, and from that time he shall have fifteen days in which to mail the said application. In the event that physical conditions prevent mailing of the application at the expiration of the fifteenday period, the application shall then be mailed as soon as possible thereafter, accompanied by a satisfactory explanation of the delay. Upon receipt by the Commission of such application for hearing, said order of suspension shall be held in abeyance until the conclusion of the hearing which shall be conducted under such rules as the Commission may prescribe. Upon the conclusion of said hearing the Commission may affirm, modify, or revoke said order of suspension. ` ` (n) Have authority to inspect all radio installations associated with stations required to be licensed by any Act, or which the Commission by rule has authorized to operate without a license under section 307(e)(1), or which are subject to the provisions of any Act, treaty, or convention binding on the United States, to ascertain whether in construction, installation, and operation they conform to the requirements of the rules and regulations of the Commission, the provisions of any Act, the terms of any treaty or convention binding on the United States and the conditions of the license or other instrument of authorization under which they are constructed, installed, or operated. ` ` (o) Have authority to designate call letters of all stations; ` ` (p) Have authority to cause to be published such call letters and such other announcements and data as in the judgment of the Commission may be required for the efficient operation of radio stations subject the jurisdiction of the United States and for the proper enforcement of this Act; ` ` (q) Have authority to require the painting and/or illumination of radio towers if and when in its judgment such towers constitute, or there is a reasonable possibility that they may constitute, a menace to air navigation. The permittee or licensee, and the tower owner in any case in which the owner is not the permittee or licensee, shall maintain the painting and/or illumination of the tower as prescribed by the Commission pursuant to this section. In the event that the tower ceases to be licensed by the Commission for the transmission of radio energy, the owner of the tower shall maintain the prescribed painting and/or illumination of such tower until it is dismantled, and the Commission may require the owner to dismantle and remove the tower when the administrator of the Federal Aviation Agency determines that there is a reasonable possibility that it may constitute a menace to air navigation. ` ` (r) Make such rules and regulations and prescribe such restrictions and conditions, not inconsistent with law, as may be necessary to carry out the provisions of this Act, or any international radio or wire communications treaty or convention, or regulations annexed thereto, including any treaty or convention insofar as it relates to the use of radio, to which the United States is or may hereafter become a party.":&\+|'|'{{$"Ԍ` ` (s) Have authority to require that apparatus designed to receive television pictures broadcast simultaneously with sound be capable of adequately receiving all frequencies allocated by the Commission to television broadcasting when such apparatus is shipped in interstate commerce, or is imported from any foreign country into the United States, for sale or resale to the public. ` ` (t) Notwithstanding the provisions of section 301(e), have authority, in any case in which an aircraft registered in the United States is operated (pursuant to a lease, charter, or similar arrangement) by an aircraft operator who is subject to regulation by the government of a foreign nation, to enter into an agreement with such government under which the Commission shall recognize and accept any radio station licenses and radio operator licenses issued by such government with respect to such aircraft. ` ` (u) Require that apparatus designed to receive television pictures broadcast simultaneously with sound be equipped with builtin decoder circuitry designed to display closedcaptioned television transmissions when such apparatus is manufactured in the United States or imported for use in the United States, and its television picture screen is 13 inches or greater in size. ` ` (v) Have exclusive jurisdiction to regulate the provision of directtohome satellite services. As used in this subsection, the term ''directtohome satellite services'' means the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite. ` ` (w) Prescribe X` `  (1) on the basis of recommendations from an advisory committee established by the Commission in accordance with section 551(b)(2) of the Telecommunications Act of 1996, guidelines and recommended procedures for the identification and rating of video programming that contains sexual, violent, or other indecent material about which parents  XN-should be informed before it is displayed to children: Provided, That nothing in this paragraph shall be construed to authorize any rating of video programming on the basis of its political or religious content; and ` X` `  (2) with respect to any video programming that has been rated, and in consultation with the television industry, rules requiring distributors of such video programming to transmit such rating to permit parents to block the display of video programming that they have determined is inappropriate for their children. ` ` ` (x) Require, in the case of an apparatus designed to receive television signals that are shipped in interstate commerce or manufactured in the United States and that have a picture screen 13 inches or greater in size (measured diagonally), that such apparatus be equipped with a feature designed to enable viewers to block display of all programs with a common rating, except as"<&\+|'|'{{$" otherwise permitted by regulations pursuant to section 330(c)(4).  X- SEC. 304. [47 U.S.C. 304] WAIVER BY LICENSEE. ` ` No station license shall be granted by the Commission until the applicant therefore shall have waived any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise.  X1- SEC. 305. [47 U.S.C. 305] GOVERNMENTOWNED STATIONS.  X - ` ` (a) Radio stations belonging to and operated by the United States shall not be subject to the provisions of sections 301 and 303 of this Act. All such Government stations shall use such frequencies as shall be assigned to each or to each class by the President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business, shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the Commission may prescribe. ` ` (b) All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters designated by the Commission. ` ` (c) The provisions of sections 301 and 303 of this Act notwithstanding, the President may, provided he determines it to be consistent with and in the interest of national security, authorize a foreign government, under such terms and conditions as he may prescribe, to construct and operate at the seat of government of the United States a lowpower radio station in the fixed service at or near the site of the embassy or legation of such foreign government for transmission of its messages to points outside the United States, but only (1) where he determines that the authorization would be consistent with the national interest of the United States and (2) where such foreign government has provided reciprocal privileges to the United States to construct and operate radio stations within territories subject to its jurisdiction. Foreign government stations authorized pursuant to the provisions of this subsection shall conform to such rules and regulations as the President may prescribe. The authorization of such stations, and the renewal, modification, suspension, revocation, or other termination of such authority shall be in accordance with such procedures as may be established by the President and shall not be subject to the other provisions of this Act or of the Administrative Procedure Act.  X#-  Xh$-SEC. 306. [47 U.S.C. 306] FOREIGN SHIPS. ` ` Section 301 of this Act shall not apply to any person sending radio communications or signals on a foreign ship while the same is within the":&\+|'|'{{$" jurisdiction of the United States, but such communications or signals shall be transmitted only in accordance with such regulations designed to prevent interference as may be promulgated under the authority of this Act.  X- SEC. 307. [47 U.S.C. 307] ALLOCATION OF FACILITIES; TERM OF LICENSES.  Xv- ` ` (a) The Commission, if public convenience, interest, or necessity will be served thereby, subject to the limitations of this Act, shall grant to any applicant therefor a station license provided for by this Act. ` ` (b) In considering applications for licenses, and modifications and renewals thereof, when and insofar as there is demand for the same, the Commission shall make such distribution of licenses, frequencies, hours of operation, and of power among the several States and communities as to provide a fair, efficient, and equitable distribution of radio service to each of the same.  X -` ` (c) Terms of Licenses.  X-X` `  (1) Initial and renewal licenses.Each license granted for the operation of a broadcasting station shall be for a term of not to exceed 8 years. Upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed 8 years from the date of expiration of the preceding license, if the Commission finds that public interest, convenience, and necessity would be served thereby. Consistent with the foregoing provisions of this subsection, the Commission may by rule prescribe the period or periods for which licenses shall be granted and renewed for particular classes of stations, but the Commission may not adopt or follow any rule which would preclude it, in any case involving a station of a particular class, from granting or renewing a license for a shorter period than that prescribed for stations of such class if, in its judgment, the public interest, convenience, or necessity would be served by such action. `  XN-X` `  (2) Materials in application.In order to expedite action on applications for renewal of broadcasting station licenses and in order to avoid needless expense to applicants for such renewals, the Commission shall not require any such applicant to file any information which previously has been furnished to the Commission or which is not directly material to the considerations that affect the granting or denial of such application, but the Commission may require any new or additional facts it deems necessary to make its findings. `  X"-X` `  (3) Continuation pending decision.Pending any hearing and final decision on such an application and the disposition of any petition for rehearing pursuant to section 405, the Commission shall continue such license in effect. ` ` ` (d) No renewal of an existing station license in the broadcast or the":&\+|'|'{{$" common carrier services shall be granted more than thirty days prior to the expiration of the original license. ` ` (e)(1) Notwithstanding any license requirement established in this Act, if the Commission determines that such authorization serves the public interest, convenience, and necessity, the Commission may by rule authorize the operation of radio stations without individual licenses in the following radio services: (A) the citizens band radio service; (B) the radio control service; (C) the aviation radio service for aircraft stations operated on domestic flights when such aircraft are not otherwise required to carry a radio station; and (D) the maritime radio service for ship stations navigated on domestic voyages when such ships are not otherwise required to carry a radio station. ` ` (2) Any radio station operator who is authorized by the Commission to operate without an individual license shall comply with all other provisions of this Act and with rules prescribed by the Commission under this Act. ` ` (3) For purposes of this subsection, the terms ''citizens band radio service'', ''radio control service'', ''aircraft station'' and ''ship station'' shall have the meanings given them by the Commission by rule.  Xy- SEC. 308. [47 U.S.C. 308] APPLICATIONS FOR LICENSES; CONDITIONS IN LICENSE FOR FOREIGN COMMUNICATION.  X4- ` ` (a) The Commission may grant construction permits and station licenses, or modifications or renewals thereof, only upon written application therefor  X-received by it: Provided, That (1) in cases of emergency found by the Commission involving danger to life or property or due to damage to equipment, or (2) during a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during an emergency so found by the Commission or during the continuance of any such national emergency or war, in such manner and upon such terms and conditions as the Commission shall by regulation prescribe, and without the filing of a formal application, but no authorization so granted shall continue in  X -effect beyond the period of emergency or war requiring it: Provided further,  X!-That the Commission may issue by cable, telegraph, or radio a permit for the operation of a station on a vessel of the United States at sea, effective in lieu of a license until said vessel shall return to a port of the continental United States. ` ` (b) All applications for station licenses, or modifications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and financial, technical, and other">&\+|'|'{{$" qualifications of the applicant to operate the station; the ownership and location of the proposed station and of the stations, if any, with which it is proposed to communicate; the frequencies and the power desired to be used; the hours of the day or other periods of time during which it is proposed to operate the station; the purposes for which the station is to be used; and such other information as it may require. The Commission, at any time after the filing of such original application and during the term of any such licenses, may require from an applicant or licensee further written statements of fact to enable it to determine whether such original application should be granted or denied or such license revoked. Such application and/or such statement of fact shall be signed by the applicant and/or licensee in any manner or form, including by electronic means, as the Commission may prescribe by regulation. ` ` (c) The Commission in granting any license for a station intended or used for commercial communication between the United States or any Territory or possession, continental or insular, subject to the jurisdiction of the United States, and any foreign country, may impose any terms, conditions, or restrictions authorized to be imposed with respect to submarinecable licenses by section 2 of an Act entitled ''An Act relating to the landing and operation of submarine cables in the United States,'' approved May 27, 1921.  XK-` ` (d) Summary of Complaints.Each applicant for the renewal of a commercial or noncommercial television license shall attach as an exhibit to the application a summary of written comments and suggestions received from the public and maintained by the licensee (in accordance with Commission regulations) that comment on the applicant's programming, if any, and that are characterized by the commentor as constituting violent programming.  X- SEC. 309. [47 U.S.C. 309] ACTION UPON APPLICATIONS; FORM OF AND CONDITIONS ATTACHED TO LICENSES.  X|- ` ` (a) Subject to the provisions of this section, the Commission shall determine, in the case of each application filed with it to which section 308 applies, whether the public interest, convenience, and necessity will be served by the granting of such application, and, if the Commission, upon examination of such application and upon consideration of such other matters as the Commission may officially notice, shall find that public interest, convenience, and necessity would be served by the granting thereof, it shall grant such application. ` ` (b) Except as provided in subsection (c) of this section, no such application X` `  (1) for an instrument of authorization in the case of a station in the broadcasting or common carrier services, or ` X` `  (2) for an instrument of authorization in the case of a station in any of the following categories: ` X` ` X (A) industrial radio positioning stations for which":&\+|'|'{{$" frequencies are assigned on an exclusive basis, X` ` X (B) aeronautical en route stations, X` ` X (C) aeronautical advisory stations, X` ` X (D) airdrome control stations, X` ` X (E) aeronautical fixed stations, and X` ` X (F) such other stations or classes of stations, not in the broadcasting or common carrier services, as the Commission shall by rule prescribe, ` ` shall be granted by the Commission earlier than thirty days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof. ` ` (c) Subsection (b) of this section shall not apply X` `  (1) to any minor amendment of an application to which such subsection is applicable, or ` X` `  (2) to any application for ` X` ` X (A) a minor change in the facilities of an authorized station, X` ` X (B) consent to an involuntary assignment or transfer under section 310(b) or to an assignment or transfer thereunder which does not involve a substantial change in ownership or control, X` ` X (C) a license under section 319(c) or, pending application for or grant of such license, any special or temporary authorization to permit interim operation to facilitate completion of authorized construction or to provide substantially the same service as would be authorized by such license, X` ` X (D) extension of time to complete construction of authorized facilities, X` ` X (E) an authorization of facilities for remote pickups, studio links and similar facilities for use in the operation of a broadcast station, X` ` X (F) authorizations pursuant to section 325(c) where the programs to be transmitted are special events not of a continuing nature, X` ` X (G) a special temporary authorization for nonbroadcast operation not to exceed thirty days where no application for regular operation is contemplated to be filed or not to exceed sixty days pending the filing of an application for such regular operation, or X` ` X (H) an authorization under any of the proviso clauses of section 308(a). ` ` (d)(1) Any party in interest may file with the Commission a petition to deny any application (whether as originally filed or as amended) to which":&\+|'|'{{$" subsection (b) of this section applies at any time prior to the day of Commission grant thereof without hearing or the day of formal designation thereof for hearing; except that with respect to any classification of applications, the Commission from time to time by rule may specify a shorter period (no less than thirty days following the issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof), which shorter period shall be reasonably related to the time when the applications would normally be reached for processing. The petitioner shall serve a copy of such petition on the applicant. The petition shall contain specific allegations of fact sufficient to show that the petitioner is a party in interest and that a grant of the application would be prima facie inconsistent with subsection (a) (or subsection (k) in the case of renewal of any broadcast station license). Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a person or persons with personal knowledge thereof. The applicant shall be given the opportunity to file a reply in which allegations of fact or denials thereof shall similarly be supported by affidavit. ` ` (2) If the Commission finds on the basis of the application, the pleadings filed, or other matters which it may officially notice that there are no substantial and material questions of fact and that a grant of the application would be consistent with subsection (a) (or subsection (k) in the case of renewal of any broadcast station license), it shall make the grant, deny the petition, and issue a concise statement of the reasons for denying the petition, which statement shall dispose of all substantial issues raised by the petition. If a substantial and material question of fact is presented or if the Commission for any reason is unable to find that grant of the application would be consistent with subsection (a) (or subsection (k) in the case of renewal of any broadcast station license), it shall proceed as provided in subsection (e). ` ` (e) If, in the case of any application to which subsection (a) of this section applies, a substantial and material question of fact is presented or the Commission for any reason is unable to make the finding specified in such subsection, it shall formally designate the application for hearing on the ground or reasons then obtaining and shall forthwith notify the applicant and all other known parties in interest of such action and the ground and reasons therefor, specifying with particularity the matters and things in issue but not including issues or requirements phrased generally. When the Commission has so designated an application for hearing, the parties in interest, if any, who are not notified by the Commission of such action may acquire the status of a party to the proceeding thereon by filing a petition for intervention showing the basis for their interest not more than thirty days after publication of the hearing issues or any substantial amendment thereto in the Federal Register. Any hearing subsequently held upon such application shall be a full hearing in which the applicant and all other parties in interest shall be permitted to":&\+|'|'{{$" participate. The burden of proceeding with the introduction of evidence and the burden of proof shall be upon the applicant, except that with respect to any issue presented by a petition to deny or a petition to enlarge the issues, such burdens shall be as determined by the Commission. ` ` (f) When an application subject to subsection (b) has been filed, the Commission, notwithstanding the requirements of such subsection, may, if the grant of such application is otherwise authorized by law and if it finds that there are extraordinary circumstances requiring temporary operations in the public interest and that delay in the institution of such temporary operations would seriously prejudice the public interest, grant a temporary authorization, accompanied by a statement of its reasons therefor, to permit such temporary operations for a period not exceeding 180 days, and upon making like findings may extend such temporary authorization for additional periods not to exceed 180 days. When any such grant of a temporary authorization is made, the Commission shall give expeditious treatment to any timely filed petition to deny such application and to any petition for rehearing of such grant filed under section 405. ` ` (g) The Commission is authorized to adopt reasonable classifications of applications and amendments in order to effectuate the purposes of this section. ` ` (h) Such station licenses as the Commission may grant shall be in such general form as it may prescribe, but each license shall contain, in addition to other provisions, a statement of the following conditions to which such license shall be subject: (1) The station license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized therein; (2) neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of this Act; (3) every license issued under this Act shall be subject in terms to the right of use or control conferred by section 706 of this Act.  XN-` ` (i) Random Selection.  X7-X` `  (1) General authority.If ` X` ` X (A) there is more than one application for any initial license or construction permit which will involve a use of the electromagnetic spectrum; and X` ` X (B) the Commission has determined that the use is not described in subsection (j)(2)(A); X` `  then the Commission shall have the authority to grant such license or permit to a qualified applicant through the use of a system of random selection. ` ` ` (2) No license or construction permit shall be granted to an applicant selected pursuant to paragraph (1) unless the Commission determines the qualifications of such applicant pursuant to subsection (a) and section 308(b).":&\+|'|'{{$" When substantial and material questions of fact exist concerning such qualifications, the Commission shall conduct a hearing in order to make such determinations. For the purposes of making such determinations, the Commission may, by rule, and notwithstanding any other provision of law X` `  (A) adopt procedures for the submission of all or part of the evidence in written form; ` X` `  (B) delegate the function of presiding at the taking of written evidence to Commission employees other than administrative law judges; and ` X` `  (C) omit the determination required by subsection (a) with respect to any application other than the one selected pursuant to paragraph (1). ` X` `  (3)(A) The Commission shall establish rules and procedures to ensure that, in the administration of any system of random selection under this subsection used for granting licenses or construction permits for any media of mass communications, significant preferences will be granted to applicants or groups of applicants, the grant to which of the license or permit would increase the diversification of ownership of the media of mass communications. To further diversify the ownership of the media of mass communications, an additional significant preference shall be granted to any applicant controlled by a member or members of minority group. ` X` `  (B) The Commission shall have authority to require each qualified applicant seeking a significant preference under subparagraph (A) to submit to the Commission such information as may be necessary to enable the Commission to make a determination regarding whether such applicant shall be granted such preference. Such information shall be submitted in such form, at such times, and in accordance with such procedures, as the Commission may require. ` X` ` X (C) For purposes of this paragraph: ` ` (i) The term ''media of mass communication'' includes television, radio, cable television, multipoint distribution service, direct broadcast satellite service, and other services, the licensed facilities of which may be substantially devoted toward providing programming or other information services within the editorial control of the licensee. ` ` (ii) The term ''minority group'' includes Blacks, Hispanics, American Indians, Alaska Natives, Asians, and Pacific Islanders. ` ` (4)(A) The Commission shall, after notice and opportunity for hearing, prescribe rules establishing a system of random selection for use by the Commission under this subsection in any instance in which the Commission, in its discretion, determines that such use is appropriate for the granting of any license or permit in accordance with paragraph (1). ` ` (B) The Commission shall have authority to amend such rules from time":&\+|'|'{{$" to time to the extent necessary too carry out the provisions of this subsection. Any such amendment shall be made after notice and opportunity for hearing. ` ` (C) Not later than 180 days after the date of enactment of this subparagraph, the Commission shall prescribe such transfer disclosures and antitrafficking restrictions and payment schedules as are necessary to prevent the unjust enrichment of recipients of licenses or permits as a result of the methods employed to issue licenses under this subsection.  X_-` ` (j) Use of Competitive Bidding.  XH-X` `  (1) General authority.If mutually exclusive applications are accepted for filing for any initial license or construction permit which will involve a use of the electromagnetic spectrum described in paragraph (2), then the Commission shall have the authority, subject to paragraph (10), to grant such license or permit to a qualified applicant through the use of a system of competitive bidding that meets the requirements of this subsection. `  X -X` `  (2) Uses to which bidding may apply.A use of the electromagnetic spectrum is described in this paragraph if the Commission determines that ` X` ` X (A) the principal use of such spectrum will involve, or is reasonably likely to involve, the licensee receiving compensation from subscribers in return for which the licensee X` ` X Xhh(i) enables those subscribers to receive communications signals that are transmitted utilizing frequencies on which the licensee is licensed to operate; or  X` ` X Xhh(ii) enables those subscribers to transmit directly communications signals utilizing frequencies on which the licensee is licensed to operate; and  X` ` X (B) a system of competitive bidding will promote the objectives described in paragraph (3).  XN-X` `  (3) Design of systems of competitive bidding.For each class of licenses or permits that the Commission grants through the use of a competitive bidding system, the Commission shall, by regulation, establish a competitive bidding methodology. The Commission shall seek to design and test multiple alternative methodologies under appropriate circumstances. In identifying classes of licenses and permits to be issued by competitive bidding, in specifying eligibility and other characteristics of such licenses and permits, and in designing the methodologies for use under this subsection, the Commission shall include safeguards to protect the public interest in the use of the spectrum and shall seek to promote the purposes specified in section 1 of this Act and the following objectives: ` X` ` X (A) the development and rapid deployment of new":&\+|'|'{{$" technologies, products, and services for the benefit of the public, including those residing in rural areas, without administrative or judicial delays; X` ` X (B) promoting economic opportunity and competition and ensuring that new and innovative technologies are readily accessible to the American people by avoiding excessive concentration of licenses and by disseminating licenses among a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women; X` ` X (C) recovery for the public of a portion of the value of the public spectrum resource made available for commercial use and avoidance of unjust enrichment through the methods employed to award uses of that resource; and X` ` X (D) efficient and intensive use of the electromagnetic spectrum.  X-X` `  (4) Contents of regulations.In prescribing regulations pursuant to paragraph (3), the Commission shall ` X` ` X (A) consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in paragraph (3)(B), and combinations of such schedules and methods; X` ` X (B) include performance requirements, such as appropriate deadlines and penalties for performance failures, to ensure prompt delivery of service to rural areas, to prevent stockpiling or warehousing of spectrum by licensees or permittees, and to promote investment in and rapid deployment of new technologies and services; X` ` X (C) consistent with the public interest, convenience, and necessity, the purposes of this Act, and the characteristics of the proposed service, prescribe area designations and bandwidth assignments that promote (i) an equitable distribution of licenses and services among geographic areas, (ii) economic opportunity for a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women, and (iii) investment in and rapid deployment of new technologies and services; X` ` X (D) ensure that small businesses, rural telephone companies, and businesses owned by members of minority groups and women are given the opportunity to participate in the provision of spectrumbased services, and, for such purposes, consider the use of tax certificates, bidding preferences, and":&\+|'|'{{$" other procedures; and X` ` X (E) require such transfer disclosures and antitrafficking restrictions and payment schedules as may be necessary to prevent unjust enrichment as a result of the methods employed to issue licenses and permits.  X-X` `  (5) Bidder and licensee qualification.No person shall be permitted to participate in a system of competitive bidding pursuant to this subsection unless such bidder submits such information and assurances as the Commission may require to demonstrate that such bidder's application is acceptable for filing. No license shall be granted to an applicant selected pursuant to this subsection unless the Commission determines that the applicant is qualified pursuant to subsection (a) and sections 308(b) and 310. Consistent with the objectives described in paragraph (3), the Commission shall, by regulation, prescribe expedited procedures consistent with the procedures authorized by subsection (i)(2) for the resolution of any substantial and material issues of fact concerning qualifications. `  Xy-X` `  (6) Rules of construction.Nothing in this subsection, or in the use of competitive bidding, shall ` X` ` X (A) alter spectrum allocation criteria and procedures established by the other provisions of this Act; X` ` X (B) limit or otherwise affect the requirements of subsection (h) of this section, section 301, 304, 307, 310, or 706, or any other provision of this Act (other than subsections (d)(2) and (e) of this section); X` ` X (C) diminish the authority of the Commission under the other provisions of this Act to regulate or reclaim spectrum licenses; X` ` X (D) be construed to convey any rights, including any expectation of renewal of a license, that differ from the rights that apply to other licenses within the same service that were not issued pursuant to this subsection; X` ` X (E) be construed to relieve the Commission of the obligation in the public interest to continue to use engineering solutions, negotiation, threshold qualifications, service regulations, and other means in order to avoid mutual exclusivity in application and licensing proceedings; X` ` X (F) be construed to prohibit the Commission from issuing nationwide, regional, or local licenses or permits; X` ` X (G) be construed to prevent the Commission from awarding licenses to those persons who make significant contributions to the development of a new telecommunications service or technology; or ":&\+|'|'{{$"ԌX` ` X (H) be construed to relieve any applicant for a license or permit of the obligation to pay charges imposed pursuant to section 8 of this Act.  X-X` `  (7) Consideration of revenues in public interest  X-determinations. `  X-X` ` X (A) Consideration prohibited.In making a decision pursuant to section 303(c) to assign a band of frequencies to a use for which licenses or permits will be issued pursuant to this subsection, and in prescribing regulations pursuant to paragraph (4)(C) of this subsection, the Commission may not base a finding of public interest, convenience, and necessity on the expectation of Federal revenues from the use of a system of competitive bidding under this subsection.  X -X` ` X (B) Consideration limited.In prescribing regulations pursuant to paragraph (4)(A) of this subsection, the Commission may not base a finding of public interest, convenience, and necessity solely or predominantly on the expectation of Federal revenues from the use of a system of competitive bidding under this subsection.  XK-X` ` X (C) Consideration of demand for spectrum not  X4-affected.Nothing in this paragraph shall be construed to prevent the Commission from continuing to consider consumer demand for spectrumbased services.  X-X` `  (8) Treatment of revenues. `  X-X` ` X (A) General rule.Except as provided in subparagraph (B), all proceeds from the use of a competitive bidding system under this subsection shall be deposited in the Treasury in accordance with chapter 33 of title 31, United States Code.  X|-X` ` X (B) Retention of revenues.Notwithstanding subparagraph (A), the salaries and expenses account of the Commission shall retain as an offsetting collection such sums as may be necessary from such proceeds for the costs of developing and implementing the program required by this subsection. Such offsetting collections shall be available for obligation subject to the terms and conditions of the receiving appropriations account, and shall be deposited in such accounts on a quarterly basis. Any funds appropriated to the Commission for fiscal years 1994 through 1998 for the purpose of assigning licenses using random selection under subsection (i) shall be used by the Commission to implement this subsection. Such offsetting collections are authorized to remain available until expended.  XQ%-X` ` X (C) Deposit and use of auction escrow accounts.Any deposits the Commission may require for the qualification":&\+|'|'{{$" of any person to bid in a system of competitive bidding pursuant to this subsection shall be deposited in an interest bearing account at a financial institution designated for purposes of this subsection by the Commission (after consultation with the Secretary of the Treasury). Within 45 days following the conclusion of the competitive bidding X` ` X Xhh(i) the deposits of successful bidders shall be paid to the Treasury;  X` ` X Xhh(ii) the deposits of unsuccessful bidders shall be returned to such bidders; and  X` ` X Xhh(iii) the interest accrued to the account shall be transferred to the Telecommunications Development Fund established pursuant to section 714 of this Act.   X -X` `  (9) Use of former government spectrum.The Commission shall, not later than 5 years after the date of enactment of this subsection, issue licenses and permits pursuant to this subsection for the use of bands of frequencies that ` X` ` X (A) in the aggregate span not less than 10 megahertz; and X` ` X (B) have been reassigned from Government use pursuant to part B of the National Telecommunications and Information Administration Organization Act.  X-X` `  (10) Authority contingent on availability of additional  X-spectrum. `  X-X` ` X (A) Initial conditions.The Commission's authority to issue licenses or permits under this subsection shall not take effect unless X` ` X Xhh(i) the Secretary of Commerce has submitted to the Commission the report required by section 113(d)(1) of the National Telecommunications and Information Administration Organization Act;  X` ` X Xhh(ii) such report recommends for immediate reallocation bands of frequencies that, in the aggregate, span not less than 50 megahertz;  X` ` X Xhh(iii) such bands of frequencies meet the criteria required by section 113(a) of such Act; and  X` ` X Xhh(iv) the Commission has completed the rulemaking required by section 332(c)(1)(D) of this Act.   X!-X` ` X (B) Subsequent conditions.The Commission's authority to issue licenses or permits under this subsection on and after 2 years after the date of the enactment of this subsection shall cease to be effective if X` ` X Xhh(i) the Secretary of Commerce has failed to submit the report required by section 113(a) of the National":&\+|'|'{{$" Telecommunications and Information Administration Organization Act;  X` ` X Xhh(ii) the President has failed to withdraw and limit assignments of frequencies as required by paragraphs (1) and (2) of section 114(a) of such Act;  X` ` X Xhh(iii) the Commission has failed to issue the regulations required by section 115(a) of such Act;  X` ` X Xhh(iv) the Commission has failed to complete and submit to Congress, not later than 18 months after the date of enactment of this subsection, a study of current and future spectrum needs of State and local government public safety agencies through the year 2010, and a specific plan to ensure that adequate frequencies are made available to public safety licensees; or  X` ` X Xhh(v) the Commission has failed under section 332(c)(3) to grant or deny within the time required by such section any petition that a State has filed within 90 days after the date of enactment of this subsection;  X` ` X until such failure has been corrected.  XK-X` `  (11) Termination.The authority of the Commission to grant a license or permit under this subsection shall expire September 30, 1998. `  X-X` `  (12) Evaluation.Not later than September 30, 1997, the Commission shall conduct a public inquiry and submit to the Congress a report ` X` ` X (A) containing a statement of the revenues obtained, and a projection of the future revenues, from the use of competitive bidding systems under this subsection; X` ` X (B) describing the methodologies established by the Commission pursuant to paragraphs (3) and (4); X` ` X (C) comparing the relative advantages and disadvantages of such methodologies in terms of attaining the objectives described in such paragraphs; X` ` X (D) evaluating whether and to what extent X` ` X Xhh(i) competitive bidding significantly improved the efficiency and effectiveness of the process for granting radio spectrum licenses;  X` ` X Xhh(i