Page:United States Statutes at Large Volume 110 Part 1.djvu/131

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 107 payphone providers have to negotiate with the location provider on the location provider's selecting and contracting with, and, subject to the terms of any agreement with the location provider, to select and contract with, the carriers that carry interLATA calls from their payphones, unless the Commission determines in the rulemaking pursuant to this section that it is not in the public interest; and "(E) provide for all payphone service providers to have the right to negotiate with the location provider on the location provider's selecting and contracting with, and, subject to the terms of any agreement with the location provider, to select and contract with, the carriers that carry intraLATA calls from their payphones. "(2) PUBLIC INTEREST TELEPHONES.— In the rulemaking conducted pursuant to paragraph (1), the Commission shall determine whether public interest payphones, which are provided in the interest of public health, safety, and welfare, in locations where there would otherwise not be a payphone, should be maintained, and if so, ensure that such public interest pa3TDhones are supported fairly and equitably. "(3) EXISTING coNTRACTS^-rNothing in this section shall affect any existing contracts between location providers and payphone service providers or interLATA or intraLATA carriers that are in force and effect as of the date of enactment of the Telecommunications Act of 1996. "(c) STATE PREEMPTION.—To the extent that any State requirements are inconsistent with the Commission's regulations, the Commission's regulations on such matters shall preempt such State requirements. "(d) DEFINITION. —As used in this section, the term 'payphone service' means the provision of public or semi-public pay telephones, the provision of inmate telephone service in correctional institutions, and any ancillary services.". (b) REVIEW OF ENTRY DECISIONS. — Section 402(b) (47 U.S.C. 402(b)) is amended— (1) in paragraph (6), by striking "(3), and (4)" and inserting " (3), (4), and (9)"; and (2) by adding at the end the following new paragraph: "(9) By any applicant for authority to provide interLATA services under section 271 of this Act whose application is denied by the Commission.". / TITLE II—BROADCAST SERVICES SEC. 201. BROADCAST SPECTRUM FLEXIBILITY. Title III is amended by inserting after section 335 (47 U.S.C. 335) the following new section: "SEC. 336. BROADCAST SPECTRUM FLEXIBILITY. 47 USC 336. "(a) COMMISSION ACTION.— If the Commission determines to issue additional licenses for advanced television services, the Commission— "(1) should limit the initial eligibility for such licenses to persons that, as of the date of such issuance, are licensed

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