Page:United States Statutes at Large Volume 110 Part 1.djvu/115

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 91 " (f) EXCEPTION FOR PREVIOUSLY AUTHORIZED ACTIVITIES.— Neither subsection (a) nor section 273 shall prohibit a Bell operating company or affiliate from engaging, at any time after the date of enactment of the Telecommunications Act of 1996, in any activity to the extent authorized by, and subject to the terms and conditions contained in, an order entered by the United States District Court for the District of Columbia pursuant to section VII or VIII(C) of the AT&T Consent Decree if such order was entered on or before such date of enactment, to the extent such order is not reversed or vacated on appeal. Nothing in this subsection shall be construed to limit, or to impose terms or conditions on, an activity in which a Bell operating company is otherwise authorized to engage under any other provision of this section. " (g) DEFINITION OF INCIDENTAL INTERLATA SERVICES. —For purposes of this section, the term 'incidental interLATA services' means the interLATA provision by a Bell operating company or its affiliate— "(1)(A) of audio programming, video programming, or other programming services to subscribers to such services of such company or affiliate; "(B) of the capability for interaction by such subscribers to select or respond to such audio programming, video programming, or other programming services; "(C) to distributors of audio programming or video programming that such company or affiliate owns or controls, or is licensed by the copyright owner of such programming (or by an assignee of such owner) to distribute; or "(D) of alarm monitoring services; "(2) of two-way interactive video services or Internet services over dedicated facilities to or for elementary and secondary schools as defined in section 254(h)(5); "(3) of commercial mobile services in accordance with section 332(c) of this Act and with the regulations prescribed by the Commission pursuant to paragraph (8) of such section; "(4) of a service that permits a customer that is located in one LATA to retrieve stored information from, or file information for storage in, information storage facilities of such company that are located in another LATA; "(5) of signaling information used in connection with the provision of telephone exchange services or exchange access by a local exchange carrier; or "(6) of network control signaling information to, and receipt of such signaling inibrmation from, common carriers offering interLATA services at any location within the area in which such Bell operating company provides telephone exchange services or exchange access. "(h) LIMITATIONS.— The provisions of subsection (g) are intended to be narrowly construed. The interLATA services provided under subparagraph (A), (B), or (C) of subsection (g)(1) are limited to those interLATA transmissions incidental to the provision by a Bell operating company or its affiliate of video, audio, and other programming services that the company or its affiliate is engaged in providing to the public. The Commission shall ensure that the provision of services authorized under subsection (g) by a Bell operating company or its affiliate will not adversely affect telephone exchange service ratepayers or competition in any telecommunications market.

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