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1997
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01-11-1997
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z?d104:SN00652:@@@D at thomas.loc.gov Page 6 of 16 <br /> exchange access; and (2) preferring or discriminating in favor of its telemessaging service <br /> operations in its provision of telecommunications services. Directs the FCC to establish <br /> 110 procedures or regulations thereunder for the expedited receipt and review of complaints <br /> alleging violations that result in material financial harm to providers of telemessaging services. <br /> (Sec. 102) Specifies that a common carrier designated as an "eligible telecommunications <br /> carrier" shall: (1) be eligible to receive universal service support; and (2) throughout the service <br /> area for which the designation is received, offer the services that are supported by Federal <br /> universal service support mechanisms either using its own facilities or a combination of its own <br /> facilities and resale of another carrier's services, and advertise the availability of such services <br /> and the charges therefor using media of general distribution. <br /> Requires a State commission to designate such a carrier for the service area. Authorizes (in the <br /> case of an area served by a rural telephone company) or requires (in the case of all other areas) <br /> the State commission to designate more than one common carrier as an eligible carrier for a <br /> service area designated by the State commission, as long as each additional requesting carrier <br /> meets the requirements of this section and such designation is in the public interest. <br /> Sets forth provisions regarding: (1) designation of eligible carriers for unserved areas; and (2) <br /> relinquishment of universal service (in areas served by more than one eligible carrier). <br /> (Sec. 103) Amends the Public Utility Holding Company Act of 1935 (PUHCA) to allow <br /> registered holding companies to diversify into telecommunications, information, and related <br /> services and products where the Securities and Exchange Commission (SEC) determines that a <br /> • registered holding company is providing telecommunications, information, and other related <br /> services through a single purpose subsidiary, designated an "exempt telecommunications <br /> company" (ETC). Requires prior State approval before any utility that is associated with a <br /> registered holding company may sell to an ETC any asset in the retail rates of that utility as of <br /> December 19, 1995. <br /> Specifies that the ownership of ETCs by registered holding companies shall not be subject to <br /> prior approval or other restriction by the SEC, but the relationship between an ETC and a <br /> registered holding company shall remain subject to SEC jurisdiction, with exceptions. <br /> Requires any registered holding company or subsidiary thereof that acquires or holds the <br /> securities, or an interest in the business, of an ETC to file with the SEC such information as the <br /> SEC may prescribe concerning: (1) investments and activities by the registered holding <br /> company, or any subsidiary thereof, with respect to ETCs; and (2) any activities of an ETC <br /> within the holding company system that are reasonably likely to have a material impact on the <br /> financial or operational condition of the holding company system. <br /> Prohibits public utility companies from assuming the liabilities of an ETC and from pledging or <br /> mortgaging the assets of a utility for the benefit of an ETC. <br /> Sets forth provisions regarding: (1) protection against abusive affiliate transactions; and (2) <br /> non-preemption of rate authority. <br /> Prohibits reciprocal arrangements to avoid the provisions of this section among companies that <br /> are not affiliates or associate companies of each other. <br /> Authorizes State commissions to: (1) examine the books and records of the ETC and any <br /> http://thomas.loc.gov/cgi-bin/bdquery/z?d104:SNO0652:@@@D 12/11/96 <br />
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