Page:United States Statutes at Large Volume 110 Part 1.djvu/111

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 87 "(4) TERMINATION. — Nothing in this section prohibits a Bell operating company or any of its affiliates from providing termination for interLATA services, subject to subsection (j). " (c) REQUIREMENTS FOR PROVIDING CERTAIN IN-REGION INTERLATA SERVICES.— "(1) AGREEMENT OR STATEMENT. —A Bell operating company meets the requirements of this paragraph if it meets the requirements of subparagraph (A) or subparagraph (B) of this paragraph for each State for which the authorization is sought. " (A) PRESENCE OF A FACILITIES-BASED COMPETITOR.— A Bell operating company meets the requirements of this subparagraph if it has entered into one or more binding agreements that have been approved under section 252 specifying the terms and conditions under which the Bell operating company is providing access and interconnection to its network facilities for the network facilities of one or more unaffiliated competing providers of telephone exchange service (as defined in section 3(47)(A), but excluding exchange access) to residential and business subscribers. For the purpose of this subparagraph, such telephone exchange service may be offered by such competing providers either exclusively over their own telephone exchange service facilities or predominsmtly over their own telephone exchange service facilities in combination with the resale of the telecommunications services of another carrier. For the purpose of this subparagraph, services provided pursuant to subpart K of part 22 of the Commission's regulations (47 C.F.R. 22.901 et seq.) shall not be considered to be telephone exchange services. "(B) FAILURE TO REQUEST ACCESS.—A Bell operating company meets the requirements of this subparagraph if, after 10 months after the date of enactment of the Telecommunications Act of 1996, no such provider has requested the access and interconnection described in subparagraph (A) before the date which is 3 months before the date the company makes its application under subsection (d)(1), and a statement of the terms and conditions that the company generally offers to provide such access and interconnection has been approved or permitted to take effect by the State commission under section 252(f). For purposes of this subparagraph, a Bell operating company shall be considered not to have received any request for access and interconnection if the State commission of such State certifies that the only provider or providers making such a request have (i) failed to negotiate in good faith as required by section 252, or (ii) violated the terms of an agreement approved under section 252 by the provider's failure to comply, within a reasonable period of time, with the implementation schedule contained in such agreement. " (2) SPECIFIC INTERCONNECTION REQUIREMENTS.— "(A) AGREEMENT REQUIRED.— A Bell operating company meets the requirements of this paragraph if, within the State for which the authorization is sought— "(i)(I) such company is providing access and interconnection pursuant to one or more agreements described in paragraph (1)(A), or

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