47 U.S.C. § 271 : US Code - Section 271: Bell operating company entry into interLATA services

Search 47 U.S.C. § 271 : US Code - Section 271: Bell operating company entry into interLATA services

(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.
(b) InterLATA services to which this section applies
(1) In-region services
A Bell operating company, or any affiliate of that Bell
operating company, may provide interLATA services originating in
any of its in-region States (as defined in subsection (i) of this
section) if the Commission approves the application of such
company for such State under subsection (d)(3) of this section.
(2) Out-of-region services
A Bell operating company, or any affiliate of that Bell
operating company, may provide interLATA services originating
outside its in-region States after February 8, 1996, subject to
subsection (j) of this section.
(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) of this section) originating in any State after
February 8, 1996.
(4) Termination
Nothing in this section prohibits a Bell operating company or
any of its affiliates from providing termination for interLATA
services, subject to subsection (j) of this section.
(c) Requirements for providing certain in-region interLATA services
(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.
(A) Presence of a facilities-based 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 of this
title 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 153(47)(A) of this title, 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.
(B) Failure to request access
A Bell operating company meets the requirements of this
subparagraph if, after 10 months after February 8, 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) of this section, 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) of
this title. 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 of this title, or (ii) violated the
terms of an agreement approved under section 252 of this title
by the provider's failure to comply, within a reasonable period
of time, with the implementation schedule contained in such
agreement.
(2) Specific interconnection requirements
(A) Agreement required
A Bell operating company meets the requirements of this
paragraph if, within the State for which the authorization is
sought -
(i)(I) such company is providing access and interconnection
pursuant to one or more agreements described in paragraph
(1)(A), or
(II) such company is generally offering access and
interconnection pursuant to a statement described in
paragraph (1)(B), and
(ii) such access and interconnection meets the requirements
of subparagraph (B) of this paragraph.
(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:
(i) Interconnection in accordance with the requirements of
sections 251(c)(2) and 252(d)(1) of this title.
(ii) Nondiscriminatory access to network elements in
accordance with the requirements of sections 251(c)(3) and
252(d)(1) of this title.
(iii) Nondiscriminatory access to the poles, ducts,
conduits, and rights-of-way owned or controlled by the Bell
operating company at just and reasonable rates in accordance
with the requirements of section 224 of this title.
(iv) Local loop transmission from the central office to the
customer's premises, unbundled from local switching or other
services.
(v) Local transport from the trunk side of a wireline local
exchange carrier switch unbundled from switching or other
services.
(vi) Local switching unbundled from transport, local loop
transmission, or other services.
(vii) Nondiscriminatory access to -
(I) 911 and E911 services;
(II) directory assistance services to allow the other
carrier's customers to obtain telephone numbers; and
(III) operator call completion services.
(viii) White pages directory listings for customers of the
other carrier's telephone exchange service.
(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) Nondiscriminatory access to databases and associated
signaling necessary for call routing and completion.
(xi) Until the date by which the Commission issues
regulations pursuant to section 251 of this title 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.
(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) of this title.
(xiii) Reciprocal compensation arrangements in accordance
with the requirements of section 252(d)(2) of this title.
(xiv) Telecommunications services are available for resale
in accordance with the requirements of sections 251(c)(4) and
252(d)(3) of this title.
(d) Administrative provisions
(1) Application to Commission
On and after February 8, 1996, a Bell operating company or its
affiliate may apply to the Commission for authorization to
provide interLATA services originating in any in-region State.
The application shall identify each State for which the
authorization is sought.
(2) Consultation
(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 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).
(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) of this section.
(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 -
(A) the petitioning Bell operating company has met the
requirements of subsection (c)(1) of this section and -
(i) with respect to access and interconnection provided
pursuant to subsection (c)(1)(A) of this section, has fully
implemented the competitive checklist in subsection (c)(2)(B)
of this section; or
(ii) with respect to access and interconnection generally
offered pursuant to a statement under subsection (c)(1)(B) of
this section, such statement offers all of the items included
in the competitive checklist in subsection (c)(2)(B) of this
section;
(B) the requested authorization will be carried out in
accordance with the requirements of section 272 of this title;
and
(C) the requested authorization is consistent with the public
interest, convenience, and necessity.
The Commission shall state the basis for its approval or denial
of the application.
(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) of this section.
(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.
(6) Enforcement of conditions
(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 of the conditions required for
such approval, the Commission may, after notice and opportunity
for a hearing -
(i) issue an order to such company to correct the
deficiency;
(ii) impose a penalty on such company pursuant to
subchapter V of this chapter; or
(iii) suspend or revoke such approval.
(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.
(e) Limitations
(1) Joint marketing of local and long distance services
Until a Bell operating company is authorized pursuant to
subsection (d) of this section to provide interLATA services in
an in-region State, or until 36 months have passed since February
8, 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) of this title with interLATA services offered by that
telecommunications carrier.
(2) IntraLATA toll dialing parity
(A) Provision required
A Bell operating company granted authority to provide
interLATA services under subsection (d) of this section shall
provide intraLATA toll dialing parity throughout that State
coincident with its exercise of that authority.
(B) Limitation
Except for single-LATA 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 February 8, 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.
(f) Exception for previously authorized activities
Neither subsection (a) of this section nor section 273 of this
title shall prohibit a Bell operating company or affiliate from
engaging, at any time after February 8, 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
February 8, 1996, 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.
(g) "Incidental interLATA services" defined
For purposes of this section, the term "incidental interLATA
services" means the interLATA provision by a Bell operating company
or its affiliate -
(1)(A) of audio programming, video programming, or other
programming services to subscribers to such services of such
company or affiliate;
(B) of the capability for interaction by such subscribers to
select or respond to such audio programming, video programming,
or other programming services;
(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
(D) of alarm monitoring services;
(2) of two-way interactive video services or Internet services
over dedicated facilities to or for elementary and secondary
schools as defined in section 254(h)(5) (!1) of this title;
(3) of commercial mobile services in accordance with section
332(c) of this title and with the regulations prescribed by the
Commission pursuant to paragraph (8) of such section;
(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;
(5) of signaling information used in connection with the
provision of telephone exchange services or exchange access by a
local exchange carrier; or
(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.
(h) Limitations
The provisions of subsection (g) of this section are intended to
be narrowly construed. The interLATA services provided under
subparagraph (A), (B), or (C) of subsection (g)(1) of this section
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) of this section by a Bell operating company or its
affiliate will not adversely affect telephone exchange service
ratepayers or competition in any telecommunications market.
(i) Additional definitions
As used in this section -
(1) In-region State
The term "in-region 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 February 8, 1996.
(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.
(3) Video programming services; other programming services
The terms "video programming service" and "other programming
services" have the same meanings as such terms have under section
522 of this title.
(j) Certain service applications treated as in-region service
applications
For purposes of this section, a Bell operating company
application to provide 800 service, private line service, or their
equivalents that -
(1) terminate in an in-region State of that Bell operating
company, and
(2) allow the called party to determine the interLATA carrier,
shall be considered an in-region service subject to the
requirements of subsection (b)(1) of this section.