Page:United States Statutes at Large Volume 110 Part 1.djvu/89

 PUBLIC I;AW 104-104—FEB. 8, 1996 110 STAT. 65 nationwide may petition a State commission for a suspension or modification of the application of a requirement or requirements of subsection (b) or (c) to telephone exchange service facilities specified in such petition. The State commission shall grant such petition to the extent that, and for such duration as, the State commission determines that such suspension or modification— "(A) is necessary— "(i) to avoid a significant adverse economic impact on users of telecommunications services generally; "(ii) to avoid imposing a requirement that is unduly economically burdensome; or "(iii) to avoid imposing a requirement that is technically infeasible; and "(B) is consistent with the public interest, convenience, and necessity. The State commission shall act upon any petition filed under this paragraph within 180 days after receiving such petition. Pending such action, the State commission may suspend enforcement of the requirement or requirements to which the petition applies with respect to the petitioning carrier or carriers. " (g) CONTINUED ENFORCEMENT OF EXCHANGE ACCESS AND INTERCONNECTION REQUIREMENTS. —On and after the date of enactment of the Telecommunications Act of 1996, each local exchange carrier, to the extent that it provides wireline services, shall provide exchange access, information access, and exchange services for such access to interexchange carriers and information service providers in accordance with the same equal access and nondiscriminatory interconnection restrictions and obligations (including receipt of compensation) that appl}'' to such carrier on the date immediately preceding the date of enactment of the Telecommunications Act of 1996 under any court order, consent decree, or regulation, order, or policy of the Commission, until such restrictions and obligations are explicitly superseded by regulations prescribed by the Commission after such date of enactment. During the period beginning on such date of enactment and until such restrictions and obligations are so superseded, such restrictions and obligations shall be enforceable in the same manner as regulations of the Commission. "(h) DEFINITION OF INCUMBENT LOCAL EXCHANGE CARRIER. — "(1) DEFINITION. —For purposes of this section, the term 'incumbent local exchange carrier' means, with respect to an area, the local exchange carrier that— "(A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and "(B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); or "(ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i). "(2) TREATMENT OF COMPARABLE CARRIERS AS INCUM- BENTS. — The Commission may, by rule, provide for the treatment of a local exchange carrier (or class or category thereof)

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