[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Page S12425]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ELIGIBLE TELECOMMUNICATIONS CARRIERS ACT OF 1997

  Mr. SESSIONS. I ask unanimous consent that the Senate now proceed to 
the consideration of calendar No. 289, S. 1354.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1354) 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.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the bill be 
considered read the third time, and passed, the motion to reconsider 
laid upon the table, and that any statements relating to the bill 
appear at this point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1354) was considered read the third time, and passed, as 
follows:

                                S. 1354

       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.''.

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