Page:United States Statutes at Large Volume 110 Part 1.djvu/94

 110 STAT. 70 PUBLIC LAW 104-104—FEB. 8, 1996 "(B) permit such statement to take effect. "(4) AUTHORITY TO CONTINUE REVIEW. —Paragraph (3) shall not preclude the State commission from continuing to review a statement that has been permitted to take effect under subparagraph (B) of such paragraph or from approving or disapproving such statement under paragraph (2). "(5) DUTY TO NEGOTIATE NOT AFFECTED.—The submission or approval of a statement under this subsection shall not relieve a Bell operating company of its duty to negotiate the terms and conditions of an agreement under section 251. " (g) CONSOLIDATION OF STATE PROCEEDINGS.— Where not inconsistent with the requirements of this Act, a State commission may, to the extent practical, consolidate proceedings under sections 214(e), 251(f), 253, and this section in order to reduce administrative burdens on telecommunications carriers, other parties to the proceedings, and the State commission in carrying out its responsibilities under this Act. Public "(h) FILING REQUIRED. —A State commission shall make a copy information. of each agreement approved under subsection (e) and each statement approved under subsection (f) available for public inspection and copying within 10 days after the agreement or statement is approved. The State commission may charge a reasonable and nondiscriminatory fee to the parties to the agreement or to the party filing the statement to cover the costs of approving and filing such agreement or statement. "(i) AVAILABILITY TO OTHER TELECOMMUNICATIONS CARRIERS. — A local exchange carrier shall make available any interconnection, service, or network element provided under an agreement approved under this section to which it is a party to any other requesting telecommunications carrier upon the same terms and conditions as those provided in the agreement. " (j) DEFINITION OF INCUMBENT LOCAL EXCHANGE CARRIER.— For purposes of this section, the term 'incumbent local exchange carrier' has the meaning provided in section 251(h). 47 USC 253. "SEC. 253. REMOVAL OF BARRIERS TO ENTRY. "(a) IN GENERAL.— No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service. "(b) STATE REGULATORY AUTHORITY.— Nothing in this section shall affect the ability of a State to impose, on a competitively neutral basis and consistent with section 254, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers. "(c) STATE AND LOCAL GOVERNMENT AUTHORITY. — Nothing in this section affects the authority of a State or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rightsof-way on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government. "(d) PREEMPTION.—I f, after notice and an opportunity for public comment, the Commission determines that a State or local government has permitted or imposed any statute, regulation, or legal requirement that violates subsection (a) or (b), the Commission

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