Page:United States Statutes at Large Volume 124.djvu/1267

 124 STAT. 1241 PUBLIC LAW 111–175—MAY 27, 2010 ‘‘(A) STATEMENT OF ELIGIBILITY.—An entity seeking to be recognized as a qualified carrier under this subsection shall file a statement of eligibility with the court that imposed the injunction. A statement of eligibility must include— ‘‘(i) an affidavit that the entity is providing local- into-local service to all DMAs; ‘‘(ii) a motion for a waiver of the injunction; ‘‘(iii) a motion that the court appoint a special master under Rule 53 of the Federal Rules of Civil Procedure; ‘‘(iv) an agreement by the carrier to pay all expenses incurred by the special master under para- graph (4)(B)(ii); and ‘‘(v) a certification issued pursuant to section 342(a) of Communications Act of 1934. ‘‘(B) GRANT OF RECOGNITION AS A QUALIFIED CARRIER.— Upon receipt of a statement of eligibility, the court shall recognize the entity as a qualified carrier and issue the waiver under paragraph (1). Upon motion pursuant to subparagraph (A)(iii), the court shall appoint a special master to conduct the examination and provide a report to the court as provided in paragraph (4)(B). ‘‘(C) VOLUNTARY TERMINATION.—At any time, an entity recognized as a qualified carrier may file a statement of voluntary termination with the court certifying that it no longer wishes to be recognized as a qualified carrier. Upon receipt of such statement, the court shall reinstate the injunction waived under paragraph (1). ‘‘(D) LOSS OF RECOGNITION PREVENTS FUTURE RECOGNI- TION.—No entity may be recognized as a qualified carrier if such entity had previously been recognized as a qualified carrier and subsequently lost such recognition or volun- tarily terminated such recognition under subparagraph (C). ‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND COMPLIANCE.— ‘‘(A) CONTINUING OBLIGATIONS.— ‘‘(i) IN GENERAL.—An entity recognized as a quali- fied carrier shall continue to provide local-into-local service to all DMAs. ‘‘(ii) COOPERATION WITH COMPLIANCE EXAMINA- TION.—An entity recognized as a qualified carrier shall fully cooperate with the special master appointed by the court under paragraph (3)(B) in an examination set forth in subparagraph (B). ‘‘(B) QUALIFIED CARRIER COMPLIANCE EXAMINATION.— ‘‘(i) EXAMINATION AND REPORT.—A special master appointed by the court under paragraph (3)(B) shall conduct an examination of, and file a report on, the qualified carrier’s compliance with the royalty payment and household eligibility requirements of the license under this section. The report shall address the quali- fied carrier’s conduct during the period beginning on the date on which the qualified carrier is recognized as such under paragraph (3)(B) and ending on April 30, 2012. ‘‘(ii) RECORDS OF QUALIFIED CARRIER.—Beginning on the date that is one year after the date on which Time period. Time period. Appointment. Reports.