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3. DEFINITIONS.
(a)
Additional Definitions: Section 3 (47
U.S.C. 153) is amended--
(1)
in subsection (r)--
(A)
by inserting '(A)' after 'means'; and
(B)
by inserting before the period at the end the following:
', or (B) comparable service provided through a system
of switches, transmission equipment, or other facilities
(or combination thereof) by which a subscriber can originate
and terminate a telecommunications service'; and
(2)
by adding at the end thereof the following:
'(33)
Affiliate: The term 'affiliate' means
a person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership
or control with, another person. For purposes of this
paragraph, the term 'own' means to own an equity interest
(or the equivalent thereof) of more than 10 percent.
'(34)
AT&T consent decree: The term 'AT&T
Consent Decree' means the order entered August 24, 1982,
in the antitrust action styled United States v. Western
Electric, Civil Action No. 82-0192, in the United States
District Court for the District of Columbia, and includes
any judgment or order with respect to such action entered
on or after August 24, 1982.
'(35)
Bell operating company: The term 'Bell
operating company'--
'(A)
means any of the following companies: Bell Telephone
Company of Nevada, Illinois Bell Telephone Company,
Indiana Bell Telephone Company, Incorporated, Michigan
Bell Telephone Company, New England Telephone and Telegraph
Company, New Jersey Bell Telephone Company, New York
Telephone Company, U S West Communications Company,
South Central Bell Telephone Company, Southern Bell
Telephone and Telegraph Company, Southwestern Bell Telephone
Company, The Bell Telephone Company of Pennsylvania,
The Chesapeake and Potomac Telephone Company, The Chesapeake
and Potomac Telephone Company of Maryland, The Chesapeake
and Potomac Telephone Company of Virginia, The Chesapeake
and Potomac Telephone Company of West Virginia, The
Diamond State Telephone Company, The Ohio Bell Telephone
Company, The Pacific Telephone and Telegraph Company,
or Wisconsin Telephone Company; and
'(B)
includes any successor or assign of any such company
that provides wireline telephone exchange service; but
'(C)
does not include an affiliate of any such company, other
than an affiliate described in subparagraph (A) or (B).
'(36)
Cable service: The term 'cable service'
has the meaning given such term in section 602.
'(37)
Cable system: The term 'cable system'
has the meaning given such term in section 602.
'(38)
Customer premises equipment: The term
'customer premises equipment' means equipment employed
on the premises of a person (other than a carrier) to
originate, route, or terminate telecommunications.
'(39)
Dialing parity: The term 'dialing parity'
means that a person that is not an affiliate of a local
exchange carrier is able to provide telecommunications
services in such a manner that customers have the ability
to route automatically, without the use of any access
code, their telecommunications to the telecommunications
services provider of the customer's designation from
among 2 or more telecommunications services providers
(including such local exchange carrier).
'(40)
Exchange access: The term 'exchange
access' means the offering of access to telephone exchange
services or facilities for the purpose of the origination
or termination of telephone toll services.
'(41)
Information service: The term `information
service' means the offering of a capability for generating,
acquiring, storing, transforming, processing, retrieving,
utilizing, or making available information via telecommunications,
and includes electronic publishing, but does not include
any use of any such capability for the management, control,
or operation of a telecommunications system or the management
of a telecommunications service.
'(42)
Interlata service: The term 'interLATA
service' means telecommunications between a point located
in a local access and transport area and a point located
outside such area.
'(43)
Local access and transport area: The
term 'local access and transport area' or 'LATA' means
a contiguous geographic area--
'(A)
established before the date of enactment of the Telecommunications
Act of 1996 by a Bell operating company such that no
exchange area includes points within more than 1 metropolitan
statistical area, consolidated metropolitan statistical
area, or State, except as expressly permitted under
the AT&T Consent Decree; or
'(B)
established or modified by a Bell operating company
after such date of enactment and approved by the Commission.
'(44)
Local exchange carrier: The term 'local
exchange carrier' means any person that is engaged in
the provision of telephone exchange service or exchange
access. Such term does not include a person insofar
as such person is engaged in the provision of a commercial
mobile service under section 332(c), except to the extent
that the Commission finds that such service should be
included in the definition of such term.
'(45)
Network element: The term 'network
element' means a facility or equipment used in the provision
of a telecommunications service. Such term also includes
features, functions, and capabilities that are provided
by means of such facility or equipment, including subscriber
numbers, databases, signaling systems, and information
sufficient for billing and collection or used in the
transmission, routing, or other provision of a telecommunications
service.
'(46)
Number portability: The term 'number
portability' means the ability of users of telecommunications
services to retain, at the same location, existing telecommunications
numbers without impairment of quality, reliability,
or convenience when switching from one telecommunications
carrier to another.
'(47)
Rural telephone company: The term 'rural
telephone company' means a local exchange carrier operating
entity to the extent that such entity--
'(A)
provides common carrier service to any local exchange
carrier study area that does not include either--
'(i)
any incorporated place of 10,000 inhabitants or more,
or any part thereof, based on the most recently available
population statistics of the Bureau of the Census; or
'(ii)
any territory, incorporated or unincorporated, included
in an urbanized area, as defined by the Bureau of the
Census as of August 10, 1993;
'(B)
provides telephone exchange service, including exchange
access, to fewer than 50,000 access lines;
'(C)
provides telephone exchange service to any local exchange
carrier study area with fewer than 100,000 access lines;
or
'(D)
has less than 15 percent of its access lines in communities
of more than 50,000 on the date of enactment of the
Telecommunications Act of 1996.
'(48)
Telecommunications: The term 'telecommunications'
means the transmission, between or among points specified
by the user, of information of the user's choosing,
without change in the form or content of the information
as sent and received.
'(49)
Telecommunications carrier: The term
'telecommunications carrier' means any provider of telecommunications
services, except that such term does not include aggregators
of telecommunications services (as defined in section
226). A telecommunications carrier shall be treated
as a common carrier under this Act only to the extent
that it is engaged in providing telecommunications services,
except that the Commission shall determine whether the
provision of fixed and mobile satellite service shall
be treated as common carriage.
'(50)
Telecommunications equipment: The term
'telecommunications equipment' means equipment, other
than customer premises equipment, used by a carrier
to provide telecommunications services, and includes
software integral to such equipment (including upgrades).
'(51)
Telecommunications service: The term
'telecommunications service' means the offering of telecommunications
for a fee directly to the public, or to such classes
of users as to be effectively available directly to
the public, regardless of the facilities used.'.
(b)
Common Terminology: Except as otherwise
provided in this Act, the terms used in this Act have
the meanings provided in section 3 of the Communications
Act of 1934 (47 U.S.C. 153), as amended by this section.
(c)
Stylistic Consistency: Section 3 (47
U.S.C. 153) is amended--
(1)
in subsections (e) and (n), by redesignating clauses
(1), (2) and (3), as clauses (A), (B), and (C), respectively;
(2)
in subsection (w), by redesignating paragraphs (1) through
(5) as subparagraphs (A) through (E), respectively;
(3)
in subsections (y) and (z), by redesignating paragraphs
(1) and (2) as subparagraphs (A) and (B), respectively;
(4)
by redesignating subsections (a) through (ff) as paragraphs
(1) through (32);
(5)
by indenting such paragraphs 2 em spaces;
(6)
by inserting after the designation of each such paragraph--
(A)
a heading, in a form consistent with the form of the
heading of this subsection, consisting of the term defined
by such paragraph, or the first term so defined if such
paragraph defines more than one term; and
(B)
the words 'The term';
(7)
by changing the first letter of each defined term in
such paragraphs from a capital to a lower case letter
(except for 'United States', 'State', 'State commission',
and 'Great Lakes Agreement'); and
(8)
by reordering such paragraphs and the additional paragraphs
added by subsection (a) in alphabetical order based
on the headings of such paragraphs and renumbering such
paragraphs as so reordered.
(d)
Conforming Amendments: The Act is amended--
(1)
in section 225(a)(1), by striking 'section 3(h)' and
inserting 'section 3';
(2)
in section 332(d), by striking 'section 3(n)' each place
it appears and inserting 'section 3'; and
(3)
in sections 621(d)(3), 636(d), and 637(a)(2), by striking
'section 3(v)' and inserting 'section 3'.
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