Page:United States Statutes at Large Volume 110 Part 1.djvu/105

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 81 "(4) RELINQUISHMENT OF UNIVERSAL SERVICE.— A State commission shall permit an eligible telecommunications carrier to relinquish its designation as such a carrier in any area served by more than one eligible telecommunications carrier. An eligible telecommunications carrier that seeks to relinquish its eligible telecommunications carrier designation for an area served by more than one eligible telecommunications carrier shall give advance notice to the State commission of such relinquishment. Prior to permitting a telecommunications carrier designated as an eligible telecommunications carrier to cease providing universal service in an area served by more than one eligible telecommunications carrier, the State commission shall require the remaining eligible telecommunications carrier or carriers to ensure that all customers served by the relinquishing carrier will continue to be served, and shall require sufficient notice to permit the purchase or construction of adequate facilities by any remaining eligible telecommunications carrier. The State commission shall establish a time, not to exceed one year after the State commission approves such relinquishment under this paragraph, within which such purchase or construction shall be completed. "(5) SERVICE AREA DEFINED.— The term 'service area' means a geographic area established by a State commission for the purpose of determining universal service obligations and support mechanisms. In the case of an area served by a rural telephone company, 'service area' means such company's 'study area' unless and until the Commission and the States, after taking into account recommendations of a Federal-State Joint Board instituted under section 410(c), establish a different definition of service area for such company.". SEC. 103. EXEMPT TELECOMMUNICATIONS COMPANIES. The Public Utility Holding Company Act of 1935 (15 U.S.C. 79 and following) is amended by redesignating sections 34 and 35 as sections 35 and 36, respectively, and by inserting the following 15 USC 79z-6, new section after section 33: 79. "SEC. 34. EXEMPT TELECOMMUNICATIONS COMPANIES. 15 USC 79z-5c. "(a) DEFINITIONS.— For purposes of this section— " (1) EXEMPT TELECOMMUNICATIONS COMPANY. —The term 'exempt telecommunications company' means any person determined by the Federal Communications Commission to be engaged directly or indirectly, wherever located, through one or more affiliates (as defined in section 2(a)(ll)(B)), and exclusively in the business of providing "(A) telecommunications services; "(B) information services; "(C) other services or products subject to the jurisdiction of the Federal Communications Commission; or "(D) products or services that are related or incidental to the provision of a product or service described in subparagraph (A), (B), or (C). No person shall be deemed to be an exempt telecommunications company under this section unless such person has applied to the Federal Communications Commission for a determination under this paragraph. A person applying in good faith for such a determination shall be deemed an exempt telecommunications company under this section, with all of the exemptions

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