[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1354 Enrolled Bill (ENR)]

        S.1354

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
 To amend the Communications Act of 1934 to provide for the designation 
of common carriers not subject to the jurisdiction of a State commission 
                as eligible telecommunications carriers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENT OF COMMUNICATIONS ACT OF 1934.

    Section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)) 
is amended--
        (1) by striking ``(2) or (3)'' in paragraph (1) and inserting 
    ``(2), (3), or (6)'';
        (2) by striking ``interstate services,'' in paragraph (3) and 
    inserting ``interstate services or an area served by a common 
    carrier to which paragraph (6) applies,'';
        (3) by inserting ``(or the Commission in the case of a common 
    carrier designated under paragraph (6))'' in paragraph (4) after 
    ``State commission'' each place such term appears;
        (4) by inserting ``(or the Commission under paragraph (6))'' in 
    paragraph (5) after ``State commission''; and
        (5) by inserting after paragraph (5) the following:
        ``(6) Common carriers not subject to state commission 
    jurisdiction.--In the case of a common carrier providing telephone 
    exchange service and exchange access that is not subject to the 
    jurisdiction of a State commission, the Commission shall upon 
    request designate such a common carrier that meets the requirements 
    of paragraph (1) as an eligible telecommunications carrier for a 
    service area designated by the Commission consistent with 
    applicable Federal and State law. Upon request and consistent with 
    the public interest, convenience and necessity, the Commission may, 
    with respect to 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 under this paragraph, 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 Commission shall find that the designation 
is in the public interest.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.