[105th Congress Public Law 125]
[From the U.S. Government Printing Office]
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[DOCID: f:publ125.105]
[[Page 111 STAT. 2540]]
Public Law 105-125
105th Congress
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. <<NOTE: Dec. 1, 1997 - [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
[[Page 111 STAT. 2541]]
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.''.
Approved December 1, 1997.
LEGISLATIVE HISTORY--S. 1354:
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CONGRESSIONAL RECORD, Vol. 143 (1997):
Nov. 9, considered and passed Senate.
Nov. 13, considered and passed House.
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