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Appendix F
PUBLIC LAW 104-104--FEB. 8, 1996
shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency.
"(e) COMMERCIAL MOBILE SERVICE PROVIDERS--Nothing in this section shall affect the application of section 332(c)(3) to commercial mobile service providers.
"(F) RURAL MARKE.--It shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section 214(eXl) for designation as an eligible telecommunications cashier for that area before being permitted to provide such service. This subsection shall not apply--
"(1) to a service area served by a rural telephone company that has obtained an exemption, anapension, or modification of section 251(c)(4) that effectively prevents a competitor from meeting the requirements of section 2l4(e)(1); and
"(2) to a provider of commercial mobile services.
"SEC. 264. UNIVERSAL SERVICE. 47 USC 254
"(a) PROCEDURES TO REVIEW UNIVERSE SERVICE REQIREMENT--
"(1) FEDERAL STATE JOINT BOARD ON UNIVERSE SERVICE.--Within one month after the date of enactment of the Telecommunications Act of 1996, the Commission shall institute and refer to a Federal-State Joint Board under section 410(c) a proceeding to recommend changes to any of its regulations in order to implement sections 214(e) and this section, including the definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for completion of such recommendations. In addition to the members of the Joint Board required under section 410(c),one member of such Joint Board shall be a State-appointed utility consumer advocate nominated by a national organization of State utility consumer advocates. The Joint Board shall, after notice and opportunity for public comment, make its recommendations to the Commission 9 months after the date of enactment of the Telecommunications Act of 1996.
"(2) COMMISSION ACTION.--The Commission shall initiate a single proceeding to implement the recommendations from the Joint Board required by paragraph (1) and shall complete such proceeding within 15 months after the date of enactment of the Telecommunications Act of 1996. The rules established by such proceeding shall include a definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for implementation. Thereafter, the Commission shall complete any proceeding to implement subsequent recommendations from any Joint Board on universal service within one year after receiving such recommendations.
"(b) UNlVERSAE SERVICE PRINCIPLES.--The Joint Board and the Commission shall base policies for the preservation and advancement of universal service on the following principles:
"(1) QUALITY AND RATES.-- Quality services should be available at just, reasonable, and affordable rates.
"(2) ACCESS TO ADVANCED SERVICES.--Access to advanced telecommunications and information services should be provided in all regions of the Nation.
"(3) ACCESS IN RURAL AND HIGH COST AREAS--Consumers in all regions of the Nation, including low-income consumers and those in rural, insular, and high cost areas, should have access to telecommunications and inforsmation services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas.
"(4) EQUITABLE AND NONDISCRIMINATORY CONTRIBUTIONS.--All providers of telecommunications services should make an equitable and nondiscriminatory contribution to the preserva tion and advancement of universal service.
"(5) SPECIFIC AND PREDICTABLE SUPPORT MECHANISMS.--There should be specific, predictable and sufficient Federal and State mechanisms to preserve and advance universal services.
"(6) ACCESS TO ADVANCED TELECOMMUNICATIONS SERVICES FOR SCHOOLS, HEALTH CARE, AND LIBRARIES.--Elementary and secondary schools and classrooms, health care providers, and libraries should have access to advanced telecommunications services as described in subsection (h).
"(7) ADDITIONAL PRINCIPLES.--Such other principles as the Joint Board and the Commission determine are necessary and appropriate for the protection of the public interest, convenience, and necessity and are consistent with this Act.
"(c) DEFINITION.--
"(1) IN GENERA.--Universal service is an evolving level of telecommunications services that the Commission shall establish periodically under this section, taking into account advances in telecommunications and information technologies and services. The Joint Board in recommending, and the Commission in establishing, the definition of the services that are supported by Federal universal service support mechanisms shall consider the extent to which such telecommunications services--
"(A) are essential to education, public health, or public safety;
"(B) have, through the operation of market choices by customers, been subscribed to by a substantial majority of residential customers;
"(C) are being deployed in public telecommunications networks by telecommunications carriers; and
"(D) are consistent with the public interest, convenience, and necessity.
"(2) ALTERATIONS AND MODIFICATIONS.--The Joint Board may, from time to time, recommend to the Commission modifications in the definition of the services that are supported by Federal universal service support mechanisms.
"(3) SPECIAL SERVICES.--In addition to the services included in the definition of universal service under paragraph (1), the Commission may designate additional services for such support mechanisms for schools, libraries, and health care providers for the purposes of subsection (h).
"(d) TELECOMMUNTCATIONS CARRIER CONTRIBUTTON.--Every telecommunications carrier that provides interstate telecommunications services shall contribute, on an equitable and nondisenm Inatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service. The Commission may exempt a carrier or class of comers from this requirement if the carriers telecommunications activities are limited to such an extent that the level of such carrier's contribution to the preservation and advancement of universal service would be de minimis. Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.
"(e) UNIVERSAL, SERVICE SUPPORT.--After the date on which Commission regulations implementing this section take effect, only an eligible telecommunications carrier designated under section 214(e) shall be eligible to receive specific Federal universal service support. A carrier that receives such support shall use that support only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. Any such support should be explicit and sufficient to achieve the purposes of this section.
"(f ) STATE AUTHORITY.--A State may adopt regulations not inconsistent with the Commission's rules to preserve and advance universal service. Every telecommunications carrier that provides intrastate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, in a manner determined by the State to the preservation and advancement of universal service in that State. A State may adopt regulations to provide for additional definitions and standards to preserve and advance universal service within that State only to the extent that such regulations adopt additional specific, predictable, and sufficient mechanisms to support such definitions or standards that do not rely on or burden Federal universal service support mechanisms.
"(g) INTEREXCHANGE AND INTERSTATE SERVICES.--Within 6 months after the date of enactment of the Telecommunications Act of 1996, the Commission shall adopt rules to require that the rates charged by providers of interexchange telecommunications services to subscribers in rural and high cost areas shall be no higher than the rates charged by each such provider to its subscribers in urban areas. Such rules shall also require that a provider of interexchange telecommunications services shall provide such services to its subscribers in each State at rates no higher than the rates charged to its subscribers in any other State.
"(h) TELECOMMUNICATIONS SERVICES FOR CERTAIN PROVIDERS.--
"(1) IN GENERALS--
"(A) HEALTH CARE PROVIDERS FOR RURAL AREAS.--A telecommunications carrier shall, upon receiving a bonafide request, provide telecommunications services which are necessary for the provision of health care services in a State, including instruction relating to such services, to any public or nonprofit health care provider that serves persons who reside in rural areas in that State at rates that are reasonably comparable to rates charged for similar services in urban areas in that State. A telecommunications carrier providing service under this paragraph shall be entitled to have an amount equal to the difference, if any, between the rates for services provided to health care providers for rural areas in a State and the rates for similar services provided to other customers in comparable rural areas in that State treated as a service obligation as a part of its obligation to participate in the mechanisms to preserve and advance universal service
"(B) EDUCATIONAL PROVIDERS AND LIBRARIES--All telecommunications carriers serving a geographic area shall. upon a bona fide request for any of its services that are within the definition of universal service under subsection(c)(3), provide such services to elementary schools, secondary schools, and libraries for educational purposes at rates less than the amounts charged for similar services to other parties. The discount shall be an amount that the Commission, with respect to interstate services, and the States, with respect to intrastate services, determine is appropriate and necessary to ensure affordable access to and use of such services by such entities. A telecommunications carrier providing service under this paragraph shall--
"(i) have an amount equal to the amount of the discount treated as an offset to its obligation to contribute to the mechanisms to preserve and advance universal service, or
"(ii) notwithstanding the provisions of subsection(e) of this section, receive reimbursement utilizing the support mechanisms to preserve and advance universal service.
"(2) ADVANCED SERVICES.--The Commission shall establish competitively neutral rules--
"(A) to enhance, to the extent technically feasible and economically reasonable, access to advanced telecommunications and information services for all public and nonprofit elementary and secondary school classrooms, health care providers, and libraries; and
"(B) to define the circumstances under which a telecommunications carrier may be required to connect its network to such public institutional telecommunications users.
"(3) TERMS AND CONDTIONS.--Telecommunications services and network capacity provided to a public institutional telecommunication user under this subsection may not be sold, resold, or otherwise transferred by such user in consideration for money or any other thing of value.
"(4) ELIGIBILITY OF USERS.--NO entity listed in this sum section shall be entitled to preferential rates or treatment as required by this subsection, if such entity operates as a for profit business, is a school described in paragraph (5)(A) with an endowment of more than $50,000,000, or is a library not eligible for participation in State-based plans for funds under title III of the Library Services and Construction Act (20 U.S.C. 335c et seq.).
"(5) DEFINITIONS.--For purposes of this subsection:
"(A) ELEMENTARY AND SECONDARY SCHOOLS.--The term 'elementary and secondary achoole' means elementary schools and secondary schools, as defined in paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965 (20U.S.C.8801).
"(B) HEALTH CARE PROVIDER.--The term 'health care provider' means--
"(i) post-secondary educational institutions offering health care instruction, teaching hospitals, and medical schools;
"(ii) community health centers or health centers providing health care to migrants;
"(iii) local health departments or agencies;
"(iv) community mental health centers;
"(v) not-for-profit hospitals;
"(vi) rural health clinics; and
"(vii) consortia of health care providers consisting of one or more entities described in clauses (i) through (vi).
"(C) PUBLIC INSTITUTIONAL TELECOMMUNICATIONS USER--The term 'public
institutional telecommunications user' means an elementary or secondary school, a library,
or a health care provider as those terms are defined in this paragraph.
"(i) CONSUMER PROTECTION.--The Commission and the States should ensure that universal service is available at rates that are just, reasonable, and affordable.
"(j) LIFELINE ASSISTANCE.--Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program provided for by the Commission under regulations set forth in section 69.117 of title 47, Code of Federal Regulations, and other related sections of such title.
"(k) SUBSIDY OF COMPETITIVE SERVICES PROHIBITED.--A telecommunications carrier may not use services that are not competitive to subsidize services that are subject to competition. The Commission, with respect to interstate services, and the States, with respect to intrastate services, shall establish any necessary cost allocation rules, accounting safeguards, ant guidelines to ensure that services included in the definition of universal service
bear no more than a reasonable share of the joint and common costs of facilities used to provide those services.
"SEC. 266. ACCESS BY PERSONS WITH DISABILITIES
"(a) DEFINITIONS.--AS used in this section--
"(1) DISABILITY.--The term 'disability' has the meaning given to it by section 3(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)).
"(2) READILY ACHIEVABLE.--The term 'readily achievable' has the meaning given to it by section 301(9) of that Act (42 U.S.C. 12181(9)).
"(b) MANUFACTURING--A manufacturer of telecommunications equipment or customer premises equipment shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals Nub disabilities, if readily achievable.
"(C) TELECOMMUNICATIONS SERVICES.--A provider of telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable.
"(d) COMPATIBILITY.--Whenever the requirements of subsections (b) and (c) are not readily achievable, such a manufacturer or provider shall ensure that the equipment or service is compatible
with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, if readily achievable.
"(e) GUIDELINES.--Within 18 months after the date of enactment of the Telecommunications Act of 1996, the Architectural and Transportation Barriers Compliance Board shall develop guidelines for accessibility of telecommunications equipment and customer premises equipment in conjunction with the Commission. The Board shall review and update the guidelines periodically.
"(f) No ADDITIONAL PRIVATERIGHTS AUTHORIZED.--Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section or any regulationthereunder. The Commission shall have exclusive jurisdiction with respect to any complaint under this section.
"SEC. 256. COORDINATION FOR INTERCONNECTIVITY.
"(a) PURPOSE.--It is the purpose of this section--
"(1) to promote nondiscriminatory accessibility by the broadest number of users and vendors of communications products and services to public telecommunications networks used to provide telecommunications service through--
"(A) coordinated public telecommunications network planning and design by telecommunications carriers and other providers of telecommunications service; and
"(B) public telecommunications network interconnectivity, and interconnectivity of devices with such networks used to provide telecommunications service; and
"(2) to ensure the ability of users and information providers to seamlessly and transparently transmit and receive information between and across telecommunications networks.
"(b) COMMISSION JUNCTIONS.--In carrying out the purposes of this section, the Commission--
"(1) shall establish procedures for Commission oversight of coordinated network planning by telecommunications carriers and other providers of telecommunications service for the effective and efficient interconnection of public telecommunications networks used to provide telecommunications service, and
"(2) may participate, in a manner consistent with its authority and practice prior to the date of enactment of this section, in the development by appropriate industry standards setting organizations of public telecommunications network interconnectivity standards that promote access to--
"(A) public telecommunications networks used to provide telecommunications service;
"(B) network capabilities and services by individuals
with disabilities; and
"(C) information services by subscribers of rural telephone companies.
"(C) COMMISSION'S AUTHORITY.--Nothing in this section shall be construed as expanding or limiting any authority that the Commission may have under law in effect before the date of enactment of the Telecommunications Act of 1996.
"(d) DEFINITION.--As used in this section, the term 'public telecommunications network interconnectivity' means the abilit of two or more public telecommunications networks used to provide telecommunications service to communicate and exchange information.