Page:United States Statutes at Large Volume 107 Part 1.djvu/419

 PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 393 (A) AMENDMENT. —Section 332 of the Communications Act of 1934 (47 U.S.C. 332) is amended— (i) by striking "PRIVATE LAND" from the heading of the section; (ii) by striking "land" each place it appears in subsections (a) and (b); and (iii) by striking subsection (c) and inserting the following: "(c) REGULATORY TREATMENT OF MOBILE SERVICES.— "(1) COMMON CARRIER TREATMENT OF COMMERCIAL MOBILE SERVICES. —(A) A person engaged in the provision of a service that is a commercial mobile service shall, insofar as such person is so engaged, be treated as a common carrier for purposes of this Act, except for such provisions of title II as the Commission may specify by regulation as inapplicable to that service or person. In prescribing or amending any such regulation, the Commission may not specify any provision of section 201, 202, or 208, and may specify any other provision only if the Commission determines that— "(i) enforcement of such provision is not necessary in order to ensure that the charges, practices, classifications, or regulations for or in connection with that service are just and reasonable and are not unjustly or unreasonably discriminatory; "(ii) enforcement of such provision is not necessary for the protection of consumers; and "(iii) specifying such provision is consistent with the public interest. "(B) Upon reasonable request of any person providing commercial mobile service, the Commission snail order a common carrier to establish physical connections with such service pursuant to the provisions of section 201 of this Act. Except to the extent that the Commission is required to respond to such a request, this subparagraph shall not be construed as a limitation or expansion of the Commission's authority to order interconnection pursuant to this Act. "(C) The Commission shall review competitive market conditions with respect to commercial mobile services and shall include in its annual report an analysis of those conditions. Such analysis shall include an identification of the number of competitors in various commercial mobile services, an analy- sis of whether or not there is effective competition, an analysis of whether any of such competitors have a dominant share of the market for such services, and a statement of whether additional providers or classes of providers in those services would be likely to enhance competition. As a part of making a determination with respect to the public interest under subparagraph (A)(iii), the Commission snail consider whether the proposed regulation (or amendment thereof) will promote competitive market conditions, including the extent to which such regulation (or amendment) will enhance competition among providers of commercial mobile services. If the Commission determines that such regulation (or amendment) will promote competition among providers of commercial mobile services, such determination may be the basis for a Commission finding that such regulation (or amendment) is in the public interest.

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