Pub.L. 104-105 To amend the Farm Credit Act of 1971 to provide regulatory relief, and for other purposes. <> ...

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        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 schools' means elementary 
                schools and secondary schools, as defined in paragraphs 
                (14) and (25), respectively, of section 14101 of the

[[Page 110 STAT. 75]]

                Elementary and Secondary Education Act of 1965 (20 
                U.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, and 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. 255. <<NOTE: 47 USC 255.>>  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 with 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

[[Page 110 STAT. 76]]

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 Private Rights Authorized.--Nothing in this 
section shall be construed to authorize any private right of action to 
enforce any requirement of this section or any regulation thereunder. 
The Commission shall have exclusive jurisdiction with respect to any 
complaint under this section.

``SEC. 256. <<NOTE: 47 USC 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 Functions.--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 ability of two 
or more public telecommunications networks used to provide 
telecommunications service to communicate and exchange informa

[[Page 110 STAT. 77]]

tion without degeneration, and to interact in concert with one another.

``SEC. 257. <<NOTE: 47 USC 257.>>  MARKET ENTRY BARRIERS PROCEEDING.

    ``(a) <<NOTE: Regulations.>>  Elimination of Barriers.--Within 15 
months after the date of enactment of the Telecommunications Act of 
1996, the Commission shall complete a proceeding for the purpose of 
identifying and eliminating, by regulations pursuant to its authority 
under this Act (other than this section), market entry barriers for 
entrepreneurs and other small businesses in the provision and ownership 
of telecommunications services and information services, or in the 
provision of parts or services to providers of telecommunications 
services and information services.

    ``(b) National Policy.--In carrying out subsection (a), the 
Commission shall seek to promote the policies and purposes of this Act 
favoring diversity of media voices, vigorous economic competition, 
technological advancement, and promotion of the public interest, 
convenience, and necessity.
    ``(c) <<NOTE: Reports.>>  Periodic Review.--Every 3 years following 
the completion of the proceeding required by subsection (a), the 
Commission shall review and report to Congress on--
            ``(1) any regulations prescribed to eliminate barriers 
        within its jurisdiction that are identified under subsection (a) 
        and that can be prescribed consistent with the public interest, 
        convenience, and necessity; and
            ``(2) the statutory barriers identified under subsection (a) 
        that the Commission recommends be eliminated, consistent with 
        the public interest, convenience, and necessity.

``SEC. 258. <<NOTE: 47 USC 258.>>  ILLEGAL CHANGES IN SUBSCRIBER CARRIER 
            SELECTIONS.

    ``(a) Prohibition.--No telecommunications carrier shall submit or 
execute a change in a subscriber's selection of a provider of telephone 
exchange service or telephone toll service except in accordance with 
such verification procedures as the Commission shall prescribe. Nothing 
in this section shall preclude any State commission from enforcing such 
procedures with respect to intrastate services.
    ``(b) Liability for Charges.--Any telecommunications carrier that 
violates the verification procedures described in subsection (a) and 
that collects charges for telephone exchange service or telephone toll 
service from a subscriber shall be liable to the carrier previously 
selected by the subscriber in an amount equal to all charges paid by 
such subscriber after such violation, in accordance with such procedures 
as the Commission may prescribe. The remedies provided by this 
subsection are in addition to any other remedies available by law.

``SEC. 259. <<NOTE: 47 USC 259.>>  INFRASTRUCTURE SHARING.

    ``(a) Regulations Required.--The Commission shall prescribe, within 
one year after the date of enactment of the Telecommunications Act of 
1996, regulations that require incumbent local exchange carriers (as 
defined in section 251(h)) to make available to any qualifying carrier 
such public switched network infrastructure, technology, information, 
and telecommunications facilities and functions as may be requested by 
such qualifying carrier for the purpose of enabling such qualifying 
carrier to provide telecommunications services, or to provide access to 
information services, in the service area in which such qualifying 
carrier has requested

[[Page 110 STAT. 78]]

and obtained designation as an eligible telecommunications carrier under 
section 214(e).
    ``(b) Terms and Conditions of Regulations.--The regulations 
prescribed by the Commission pursuant to this section shall--
            ``(1) not require a local exchange carrier to which this 
        section applies to take any action that is economically 
        unreasonable or that is contrary to the public interest;
            ``(2) permit, but shall not require, the joint ownership or 
        operation of public switched network infrastructure and services 
        by or among such local exchange carrier and a qualifying 
        carrier;
            ``(3) ensure that such local exchange carrier will not be 
        treated by the Commission or any State as a common carrier for 
        hire or as offering common carrier services with respect to any 
        infrastructure, technology, information, facilities, or 
        functions made available to a qualifying carrier in accordance 
        with regulations issued pursuant to this section;
            ``(4) ensure that such local exchange carrier makes such 
        infrastructure, technology, information, facilities, or 
        functions available to a qualifying carrier on just and 
        reasonable terms and conditions that permit such qualifying 
        carrier to fully benefit from the economies of scale and scope 
        of such local exchange carrier, as determined in accordance with 
        guidelines prescribed by the Commission in regulations issued 
        pursuant to this section;
            ``(5) establish conditions that promote cooperation between 
        local exchange carriers to which this section applies and 
        qualifying carriers;
            ``(6) not require a local exchange carrier to which this 
        section applies to engage in any infrastructure sharing 
        agreement for any services or access which are to be provided or 
        offered to consumers by the qualifying carrier in such local 
        exchange carrier's telephone exchange area; and
            ``(7) require that such local exchange carrier file with the 
        Commission or State for public inspection, any tariffs, 
        contracts, or other arrangements showing the rates, terms, and 
        conditions under which such carrier is making available public 
        switched network infrastructure and functions under this 
        section.

    ``(c) Information Concerning Deployment of New Services and 
Equipment.--A local exchange carrier to which this section applies that 
has entered into an infrastructure sharing agreement under this section 
shall provide to each party to such agreement timely information on the 
planned deployment of telecommunications services and equipment, 
including any software or upgrades of software integral to the use or 
operation of such telecommunications equipment.
    ``(d) Definition.--For purposes of this section, the term 
`qualifying carrier' means a telecommunications carrier that--
            ``(1) lacks economies of scale or scope, as determined in 
        accordance with regulations prescribed by the Commission 
        pursuant to this section; and
            ``(2) offers telephone exchange service, exchange access, 
        and any other service that is included in universal service, to 
        all consumers without preference throughout the service area for 
        which such carrier has been designated as an eligible 
        telecommunications carrier under section 214(e).

[[Page 110 STAT. 79]]

``SEC. 260. <<NOTE: 47 USC 260.>>  PROVISION OF TELEMESSAGING SERVICE.

    ``(a) Nondiscrimination Safeguards.--Any local exchange carrier 
subject to the requirements of section 251(c) that provides 
telemessaging service--
            ``(1) shall not subsidize its telemessaging service directly 
        or indirectly from its telephone exchange service or its 
        exchange access; and
            ``(2) shall not prefer or discriminate in favor of its 
        telemessaging service operations in its provision of 
        telecommunications services.

    ``(b) Expedited Consideration of Complaints.--The Commission shall 
establish procedures for the receipt and review of complaints concerning 
violations of subsection (a) or the regulations thereunder that result 
in material financial harm to a provider of telemessaging service. Such 
procedures shall ensure that the Commission will make a final 
determination with respect to any such complaint within 120 days after 
receipt of the complaint. If the complaint contains an appropriate 
showing that the alleged violation occurred, the Commission shall, 
within 60 days after receipt of the complaint, order the local exchange 
carrier and any affiliates to cease engaging in such violation pending 
such final determination.
    ``(c) Definition.--As used in this section, the term `telemessaging 
service' means voice mail and voice storage and retrieval services, any 
live operator services used to record, transcribe, or relay messages 
(other than telecommunications relay services), and any ancillary 
services offered in combination with these services.

``SEC. 261. <<NOTE: 47 USC 261.>>  EFFECT ON OTHER REQUIREMENTS.

    ``(a) Commission Regulations.--Nothing in this part shall be 
construed to prohibit the Commission from enforcing regulations 
prescribed prior to the date of enactment of the Telecommunications Act 
of 1996 in fulfilling the requirements of this part, to the extent that 
such regulations are not inconsistent with the provisions of this part.
    ``(b) Existing State Regulations.--Nothing in this part shall be 
construed to prohibit any State commission from enforcing regulations 
prescribed prior to the date of enactment of the Telecommunications Act 
of 1996, or from prescribing regulations after such date of enactment, 

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