
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC271]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
    Part III--Special Provisions Concerning Bell Operating Companies
 
Sec. 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) 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.

(June 19, 1934, ch. 652, title II, Sec. 271, as added Pub. L. 104-104, 
title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 86.)

                  Section Referred to in Other Sections

    This section is referred to in sections 160, 272, 273, 402 of this 
title.
