Page:United States Statutes at Large Volume 110 Part 1.djvu/113

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 89 "(xiii) Reciprocal compensation arrangements in accordance with the requirements of section 252(d)(2). "(xiv) Telecommunications services are available for resale in accordance with the requirements of sections 251(c)(4) and 252(d)(3). " (d) ADMINISTRATIVE: PROVISIONS. — "(1) APPLICATION TO COMMISSION.—On and after the date of enactment of the Telecommunications Act of 1996, a Bell operating company or its affiliate may apply to the Commission for authorization to provide interlATA services originating in any in-region State. The application shall identify each State for which the authorization is sought. " (2) CONSULTATION.— "(A) CONSULTATION WITH THE ATTORNEY GENERAL.— Notification. The Commission shall notify the Attorney General promptly of anj*^ application under paragraph (1). Before making any determination under this subsection, the Commission shall consult with the Attorney General, and if the Attorney General submits any comments in writing, such comments shall be included in the record of the Commission's decision. In consulting with and submitting comments to the Commission under this paragraph, the Attorney General shall provide to the Commission an evaluation of the application using any standard the Attorney General considers appropriate. The Commission shall give substantial weight to the Attorney General's evaluation, but such evaluation shall not have any preclusive effect on any Commission decision under paragraph (3). " (B) CONSULTATION WITH STATE COMMISSIONS. —Before making any determination under this subsection, the Commission shall consult with the State commission of any State that is the subject of the application in order to verify the compliance of the Bell operating company with the requirements of subsection (c). "(3) DETERMINATION.—Not later than 90 days after receiving an application under paragraph (1), the Commission shall issue a written determination approving or denying the authorization requested in the application for each State. The Commission shall not approve the authorization requested in an application submitted under paragraph (1) unless it finds that— "(A) the petitioning Bell operating company has met the requirements of subsection (c)(1) and— "(i) with respect to access and interconnection provided pursuant to subsection (c)(1)(A), has fully implemented the competitive checklist in subsection (c)(2)(B); or "(ii) with respect to access and interconnection generally offered pursuant to a statement under subsection (c)(1)(B), such statement offers all of the items included in the competitive checklist in subsection (c)(2)(B); "(B) the requested authorization will be carried out in accordance with the requirements of section 272; and "(C) the requested authorization is consistent with the public interest, convenience, and necessity. The Commission shall state the basis for its approval or denial of the application.

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