Page:United States Statutes at Large Volume 110 Part 1.djvu/152

 110 STAT. 128 PUBLIC LAW 104-104—FEB. 8, 1996 under. The Commission shall have exclusive jurisdiction with respect to any complaint under this section.". TITLE IV—REGULATORY REFORM SEC. 401. REGULATORY FORBEARANCE. Title I is amended by inserting after section 9 (47 U.S.C. 159) the following new section: 47 USC 160. "SEC. 10. COMPETITION IN PROVISION OF TELECOMMUNICATIONS SERVICE. " (a) REGULATORY FLEXIBILITY. —Notwithstanding section 332(c)(1)(A) of this Act, the Commission shall forbear from applying any regulation or any provision of this Act to a telecommunications carrier or telecommunications service, or class of telecommunications carriers or telecommunications services, in any or some of its or their geographic markets, if the Commission determines that- 'll) enforcement of such regulation or provision is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that telecommunications carrier or telecommunications service are just and reasonable and are not unjustly or unreasonably discriminatory; "(2) enforcement of such regulation or provision is not necessary for the protection of consumers; and "(3) forbearance from applying such provision or regulation is consistent with the public interest. "(b) COMPETITIVE EFFECT TO BE WEIGHED. — In making the determination under subsection (a)(3), the Commission shall consider whether forbearance from enforcing the provision or regulation will promote competitive market conditions, including the extent to which such forbearance will enhance competition among providers of telecommunications services. If the Commission determines that such forbearance will promote competition among providers of telecommunications services, that determination may be the basis for a Commission finding that forbearance is in the public interest. "(c) PETITION FOR FORBEARANCE.— Any telecommunications carrier, or class of telecommunications carriers, may submit a petition to the Commission requesting that the Commission exercise the authority granted under this section with respect to that carrier or those carriers, or any service offered by that carrier or carriers. Any such petition shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under subsection (a) within one year after the Commission receives it, unless the one-year period is extended by the Commission. The Commission may extend the initial oneyear period by an additional 90 days if the Commission finds that an extension is necessary to meet the requirements of subsection (a). The Commission may grant or deny a petition in whole or in part and shall explain its decision in writing. "(d) LIMITATION.— Except as provided in section 251(f), the Commission may not forbear from applying the requirements of section 251(c) or 271 under subsection (a) of this section until it determines that those requirements have been fully implemented. "(e) STATE ENFORCEMENT AFTER COMMISSION FORBEARANCE.— A State commission may not continue to apply or enforce any

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