Page:United States Statutes at Large Volume 107 Part 1.djvu/421

 PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 395 1 year after the date of enactment of the Omnibus Budget Reconciliation Act of 1993, petition the Commission requesting that the State be authorized to continue exercising authority over such rates. If a State files such a petition, the State's existing regulation shall, notwithstanding subparagraph (A), remain in effect until the Commission completes all action (including any reconsideration) on such petition. The Commission shall review such petition in accordance with the procedures established in such subparagraph, shall complete all action (including any reconsideration) within 12 months after such petition is filed, and shall grant such patition if the State satisfies the showing required under subparagraph (A)(i) or (A)(ii). If the Commission grants such petition, the Commission shall authorize the State to exercise under State law such authority over rates, for such period of time, as the Commission deems necessary to ensure that such rates are just and reasonable and not u]:\justly or unreasonably discriminatoiy. After a reasonable period of time, as determined by the (Jommission, has elapsed from the issuance of an order under subparagraph (A) or this subparagraph, any interested party may petition the Commission for an order that the exercise of authority by a State pursuant to such subparagraph is no longer necessary to ensure that the rates for commercial mobile services are just and reasonable and not unjustly or unreasonably discriminatory. The Commission shall provide reasonable opportunity for public comment in response to such petition, and shall, within 9 months after the date of its submission, grant or deny such petition in whole or in part. "(4) REGULATORY TREATMENT OF COMMUNICATIONS SAT- ELLITE CORPORATION. —Nothing in this subsection shall be construed to alter or affect the regulatonr treatment required by title IV of the Commimications Satellite Act of 1962 of the corporation authorized by title III of such Act. "(5) SPACE SEGMENT CAPACITY. —Nothing in this section shall prohibit the Commission from continuing to determine whether the provision of space segment capacity by satellite systems to providers of commercial mobile services shall be treated as common carriage. "(6) FOREIGN OWNERSHIP.—The Commission, upon a petition for waiver filed within 6 months after the date of enactment of the Omnibus Budget Reconciliation Act of 1993, may waive the application of section 310(b) to any foreign ownership that lawfully existed before May 24, 1993, of any provider of a private land mobile service that will be treated as a common carrier as a result of the enactment of the Omnibus Budget Reconciliation Act of 1993, but only upon the following conditions: "(A) The extent of foreign ownership interest shall not be increased above the extent which existed on May 24, 1993. ''(B) Such waiver shall not permit the subsequent transfer of ownership to any other person in violation of section 310(b). "(d) DEFINITIONS. — For purposes of this section— "(1) the term 'commercial mobile service' means any mobile Regulations. service (as defined in section 3(n)) that is provided for profit and makes interconnected service available (A) to the public

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