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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 8 of 16 <br /> Prohibits a BOC (including any affiliate) which is an LEC from providing specified services <br /> • (including manufacturing activities, origination of interLATA telecommunications services <br /> other than incidental interLATA services, out-of-region services, or previously authorized <br /> activities and interLATA information services other than electronic publishing and alarm <br /> monitoring services) unless it does so through an entity that is separate from any entities that <br /> provide telephone exchange service. <br /> Delineates structural and transactional requirements that apply to the separate subsidiary, <br /> including operating independently from the BOC, maintaining separate books and records, <br /> having separate officers, not obtaining credit under any arrangement that would permit a <br /> creditor upon default to have recourse to the BOC's assets, and conducting transactions with <br /> the BOC on an arm's length basis. <br /> Sets forth provisions regarding: (1) non-discrimination safeguards; (2) biennial audit <br /> requirements; (3) sunset of provisions of this section; and (4)joint marketing. <br /> Permits a BOC to: (1) engage in manufacturing after the FCC authorizes the company to <br /> provide interLATA services in any in-region State; (2) collaborate with a manufacturer of <br /> customer premises or telecommunications equipment during the design and development of <br /> hardware or software; and (3) engage in research activities relating to manufacturing and enter <br /> into royalty agreements with manufacturers of telecommunications equipment. <br /> Requires each BOC to maintain and file with the FCC information on protocols and technical <br /> requirements for connection with and use of its telephone exchange service facilities. <br /> Sets forth provisions regarding: (1) manufacturing limitations for standard-setting <br /> organizations; (2) alternate dispute resolution; (3) BOC equipment procurement and sales; and <br /> (4) FCC enforcement authority. <br /> Prohibits a BOC or any affiliate from engaging in the provision of electronic publishing that is <br /> disseminated by means of such BOC's or any of its affiliates' basic telephone service, but allows <br /> a separated affiliate or electronic publishing joint venture (EPN) operated in accordance with <br /> this section to engage in electronic publishing. <br /> Requires a separated affiliate or EPJV to be operated independently from the BOC and to <br /> maintain separate books and records. Prohibits the affiliate from incurring debt in a manner that <br /> would permit a creditor upon default to have recourse to the BOC's assets. Sets forth <br /> provisions governing the manner in which transactions by the affiliate must be carried out (to <br /> ensure that they are fully auditable) and governing the valuation of assets transferred to the <br /> affiliate (to prevent cross subsidies). Prohibits the affiliate and the BOC from having corporate <br /> officers or property in common. <br /> Prohibits the separate affiliate or EPJV from marketing the name, trademarks, or service marks <br /> of an existing BOC except for those that are owned by the entity that owns or controls the <br /> BOC. <br /> Prohibits a BOC from engaging in joint marketing of any promotion, marketing, sales, or <br /> Sadvertising with its affiliate, except that a BOC may: (1) provide inbound telemarketing or <br /> referral services related to the provision of electronic publishing if the BOC provides the same <br /> service on the same terms, conditions, and prices to non-affiliates as to its affiliates; (2) engage <br /> http://thomas.loc.gov/cgi-bin/bdquery/z?d104:SNO0652:@@@D 12/11/96 <br />
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