Public Law 105-125

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[105th Congress Public Law 125]
[From the U.S. Government Publishing 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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