Page:United States Statutes at Large Volume 110 Part 1.djvu/125

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 101 "(4) value any assets that are transferred directly or indirectly from the Bell operating company to a separated affiliate or joint venture, and record any transactions by which such assets are transferred, in accordance with such regulations as may be prescribed by the Commission or a State commission to prevent improper cross subsidies; "(5) between a separated affiliate and a Bell operating company— "(A) have no officers, directors, and employees in common after the effective date of this section; and "(B) own no property in common; "(6) not use for the marketing of any product or service of the separated affiliate or joint venture, the name, trademarks, or service marks of an existing Bell operating company except for names, trademarks, or service marks that are owned by the entity that owns or controls the Bell operating company; "(7) not permit the Bell operating company— "(A) to perform hiring or training of personnel on behalf of a separated affiliate; "(B) to perform the purchasing, installation, or maintenance of equipment on behalf of a separated affiliate, except for telephone service that it provides under tariff or contract subject to the provisions of this section; or "(C) to perform research and development on behalf of a separated affiliate; "(8) each have performed annually a compliance review— "(A) that is conducted by an independent entity for the purpose of determining compliance during the preceding calendar year with any provision of this section; and "(B) the results of which are maintained by the separated affiliate or joint venture and the Bell operating company for a period of 5 years subject to review by any lawful authority; and "(9) within 90 days of receiving a review described in para- Reports. graph (8), file a report of any exceptions and corrective action with the Commission and allow any person to inspect and copy such report subject to reasonable safeguards to protect any proprietary information contained in such report from being used for purposes other than to enforce or pursue remedies under this section. "(c) JOINT MARKETING.— - "(1) IN GENERAL.— Except as provided in paragraph (2)— "(A) a Bell operating company shall not carry out any promotion, marketing, sales, or advertising for or in conjunction with a separated affiliate; and "(B) a Bell operating company shall not carry out any promotion, marketing, sales, or advertising for or in conjunction with an affiliate that is related to the provision of electronic publishing. "(2) PERMISSIBLE JOINT ACTIVITIES. — "(A) JOINT TELEMARKETING. — A Bell operating company may provide inbound telemarketing or referral services related to the provision of electronic publishing for a separated affiliate, electronic publishing joint venture, affiliate, or unaffiliated electronic publisher: Provided, That if such services are provided to a separated affiliate, electronic publishing joint venture, or affiliate, such services shall

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