affiliated companies on the same terms and condi-
tions.
(k) OTHER ELECTRONIC PUBLISHERS.—Except as
provided in subsection (h)(3)—
(1) A Bell operating company shall not have
any officers, employees, property, or facilities in
common with any entity whose principal business is
publishing of which a part is electronic publishing.
(2) No officer or employee of a Bell operating
company shall serve as a director of any entity
whose principal business is publishing of which a
part is electronic publishing.
(3) For the purposes of paragraphs (1) and (2),
a Bell operating company or an affiliate that owns
an electronic publishing joint venture shall not be
deemed to be engaged in the electronic publishing
business solely because of such ownership.
(4) A Bell operating company shall not carry
out—
(A) any marketing or sales for any entity
that engages in electronic publishing; or
(B) any hiring of personnel, purchasing, or
production,
for any entity that engages in electronic publishing.
(5) The Bell operating company shall not pro-
vide any facilities, services, or basic telephone service
information to any entity that engages in electronic
publishing, for use with or in connection with the
provision of electronic publishing that is dissemi-
nated by means of such Bell operating company’s or
any of its affiliates’ basic telephone service, unless
equivalent facilities, services, or information are
made available on equivalent terms and conditions to
all.
(l) TRANSITION.—Any electronic publishing service
being offered to the public by a Bell operating company
or affiliate on the date of enactment of this section shall
have one year from such date of enactment to comply with
the requirements of this section.
(m) SUNSET.—The provisions of this section shall
not apply to conduct occurring after June 30, 2000.
(n) PRIVATE RIGHT OF ACTION.—Any person claim-
ing that any act or practice of any Bell operating com-
pany, affiliate, or separated affiliate constitutes a violation
of this section may commence a civil action in an appro-
priate district court of the United States for damages, for
an order enjoining such act or practice or compelling com-
pliance with such requirement, or for both.
(o) SUBPOENAS.—In an action commenced under this
section, a subpoena requiring the attendance of a witness
at a hearing or a trial may be served at any place within
the United States.
(p) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Bell operating company’’ means
the corporations subject to the Modification of Final
Judgment and listed in Appendix A thereof, or any
entity owned or controlled by such corporation, or
any successor or assign of such corporation, but
does not include an electronic publishing joint ven-
ture owned by such corporation or entity.
(2) The term ‘‘affiliate’’ means any entity that,
directly or indirectly, owns or controls, is owned or
controlled by, or is under common ownership or con-
trol with, a Bell operating company. Such term shall
not include a separated affiliate.
(3) The term ‘‘basic telephone service’’ means
any wireline telephone exchange service, or wireline
telephone exchange facility, provided by a Bell oper-
ating company in a telephone exchange area, ex-
cept—
(A) a competitive wireline telephone ex-
change service provided in a telephone exchange
area where another entity provides a wireline
telephone exchange service that was provided on
January 1, 1984, and
(B) a commercial mobile service provided
by an affiliate that is required by the Federal
Communications Commission to be a corporate
entity separate from the Bell operating com-
pany.
(4) The term ‘‘basic telephone service informa-
tion’’ means network and customer information of a
Bell operating company and other information ac-
quired by a Bell operating company as a result of
its engaging in the provision of basic telephone
service.
(5) The term ‘‘control’’ means the possession,
direct or indirect, of the power to direct or cause the
direction of the management and policies of a per-
son, whether through the ownership of voting securi-
ties, by contract, or otherwise.
(6)(A) The term ‘‘electronic publishing’’ means
the dissemination, provision, publication, or sale to
an unaffiliated entity or person, using a Bell operat-
ing company’s basic telephone service, of—
(i) news,
(ii) entertainment (other than interactive
games),
(iii) business, financial, legal, consumer, or
credit material,
(iv) editorials,
(v) columns,
(vi) sports reporting,
(vii) features,
(viii) advertising,
(ix) photos or images,
(x) archival or research material,
(xi) legal notices or public records,
(xii) scientific, educational, instructional,
technical, professional, trade, or other literary
materials, or
(xiii) other like or similar information.
(B) The term ‘‘electronic publishing’’ shall not
include the following network services:
(i) Information access, as that term is de-
fined by the Modification of Final Judgment.
(ii) The transmission of information as a
common carrier.
(iii) The transmission of information as
part of a gateway to an information service that
does not involve the generation or alteration of
the content of information, including data
transmission, address translation, protocol con-
version, billing management, introductory infor-
mation content, and navigational systems that
enable users to access electronic publishing
services, which do not affect the presentation of
such electronic publishing services to users.
(iv) Voice storage and retrieval services, in-
cluding voice messaging and electronic mail
services.
(v) Data processing services that do not in-
volve the generation or alteration of the content
of information.
(vi) Transaction processing systems that
do not involve the generation or alteration of
the content of information.
(vii) Electronic billing or advertising of a
Bell 
operating 
company’s 
regulated 
tele-
communications services.
(viii) Language translation.
(ix) Conversion of data from one format to
another.
(x) The provision of information necessary
for the management, control, or operation of a
telephone company telecommunications system.
SEC. 5. DEFINITIONS.
Except as provided in section 4, for purposes of this
Act:
(1) AFFILIATE.—The term ‘‘affiliate’’ means a
person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common own-
ership or control with, another person. For purposes
of this paragraph, to own refers to owning an equity
interest (or the equivalent thereof) of more than 50
percent.
(2) ALARM MONITORING SERVICE.—The term
‘‘alarm monitoring service’’ means a service that
uses a device located at a residence, place of busi-
ness, or other fixed premises—
(A) to receive signals from other devices lo-
cated at or about such premises regarding a
possible threat at such premises to life, safety,
or property, from burglary, fire, vandalism,
bodily injury, or other emergency, and
(B) to transmit a signal regarding such
threat by means of transmission facilities of a
Bell operating company or one of its affiliates
to a remote monitoring center to alert a person
at such center of the need to inform the cus-
tomer or another person or police, fire, rescue,
security, or public safety personnel of such
threat,
but does not include a service that uses a medical
monitoring device attached to an individual for the
automatic surveillance of an ongoing medical condi-
tion.
(3) ANTITRUST
LAWS.—The term ‘‘antitrust
laws’’ has the meaning given it in subsection (a) of
the first section of the Clayton Act (15 U.S.C.
12(a)), except that such term includes the Act of
June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13 et
seq.), commonly known as the Robinson Patman
Act, and section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) to the extent that such section
5 applies to unfair methods of competition.
(4) AUDIO
PROGRAMMING.—The term ‘‘audio
programming’’ means programming provided by, or
generally considered comparable to programming
provided by, a radio broadcast station.
(5) BELL
OPERATING
COMPANY.—The term
‘‘Bell operating company’’ means—
(A) Bell Telephone Company of Nevada,
Illinois Bell Telephone Company, Indiana Bell
Telephone Company, Incorporated, Michigan
Bell Telephone Company, New England Tele-
phone and Telegraph Company, New Jersey
Bell Telephone Company, New York Telephone
Company, U S West Communications Com-
pany, South Central Bell Telephone Company,
Southern Bell Telephone and Telegraph Com-
pany, Southwestern Bell Telephone Company,
The Bell Telephone Company of Pennsylvania,
The Chesapeake and Potomac Telephone Com-
pany, 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 Tele-
phone Company, The Ohio Bell Telephone
Company, The Pacific Telephone and Telegraph
Company, or Wisconsin Telephone Company,
(B) any successor or assign of any such
company, or
(C) any affiliate of any person described in
subparagraph (A) or (B).
(6) CABLE SYSTEM.—The term ‘‘cable system’’
has the same meaning as such term has in section
602(7) of the Communications Act of 1934 (47
U.S.C. 522(7)).
(7) CARRIER.—The term ‘‘carrier’’ has the
same meaning as such term has in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
(8) COMMERCIAL MOBILE SERVICES.—The term
‘‘commercial mobile services’’ has the same meaning
as such term has in section 332(d) of the Commu-
nications Act of 1934 (47 U.S.C. 332(d)).
(9) CUSTOMER
PREMISES
EQUIPMENT.—The
term ‘‘customer premises equipment’’ means equip-
ment employed on the premises of a person (other
than a carrier) to originate, route, or terminate tele-
communications, and includes software integral to
such equipment.
(10) EXCHANGE ACCESS.—The term ‘‘exchange
access’’ means exchange services provided for the
purpose of originating or terminating interexchange
telecommunications.
(11) EXCHANGE AREA.—The term ‘‘exchange
area’’ means a contiguous geographic area estab-
lished by a Bell operating company such that no ex-
change area includes points within more than 1 met-
ropolitan statistical area, consolidated metropolitan
statistical area, or State, except as expressly per-
mitted under the Modification of Final Judgment
before the date of the enactment of this Act.
(12) EXCHANGE
SERVICE.—The term ‘‘ex-
change service’’ means a telecommunications service
provided within an exchange area.
(13) INFORMATION.—Except as provided in
paragraph (17), the term ‘‘information’’ means
knowledge or intelligence represented by any form of
writing, signs, signals, pictures, sounds, or other
symbols.
(14) 
INTEREXCHANGE
TELECOMMUNI-
CATIONS.—The term ‘‘interexchange telecommuni-
cations’’ means telecommunications between a point
located in an exchange area and a point located out-
side such exchange area.
(15) MANUFACTURE.—The term ‘‘manufac-
ture’’ has the meaning given such term under the
Modification of Final Judgment.
(16) MODIFICATION
OF
FINAL
JUDGMENT.—
The term ‘‘Modification of Final Judgment’’ 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 en-
tered on or after August 24, 1982.
(17) OTHER
PROGRAMMING
SERVICES.—The
term ‘‘other programming services’’ means informa-
tion (other than audio programming or video pro-
gramming) that the person who offers a video pro-
gramming service makes available to all subscribers
generally. For purposes of the preceding sentence,
the terms ‘‘information’’ and ‘‘makes available to all
subscribers generally’’ have the same meaning such
terms have under section 602(13) of the Commu-
nications Act of 1934 (47 U.S.C. 522(13)).
(18) PERSON.—The term ‘‘person’’ has the
meaning given such term in subsection (a) of the
first section of the Clayton Act (15 U.S.C. 12(a)).
(19) STATE.—The term ‘‘State’’ means any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, the Federated
States of Micronesia, the Republic of the Marshall
Islands, Palau, or any territory or possession of the
United States.
(20) TELECOMMUNICATIONS.—The term ‘‘tele-
communications’’ means the transmission of infor-
mation between points by electromagnetic means.
(21) TELECOMMUNICATIONS EQUIPMENT.—The
term ‘‘telecommunications equipment’’ means equip-
ment, other than customer premises equipment, used
by a carrier to provide a telecommunications service,
and includes software integral to such equipment.
(22) 
TELECOMMUNICATIONS
SERVICE.—The
term ‘‘telecommunications service’’ means the offer-
ing for hire of transmission facilities or of tele-
communications by means of such facilities.
(23) TRANSMISSION
FACILITIES.—The term
‘‘transmission facilities’’ means equipment (including
wire, cable, microwave, satellite, and fiber-optics)
that transmits information by electromagnetic means
or that directly supports such transmission, but does
not include customer premises equipment.
(24) VIDEO PROGRAMMING.—The term ‘‘video
programming’’ has the same meaning as such term
has in section 602(19) of the Communications Act
of 1934 (47 U.S.C. 522(19)).
SEC. 6. RELATIONSHIP TO OTHER LAWS.
(a) MODIFICATION OF FINAL JUDGMENT.—This Act
shall supersede only the following sections of the Modifica-
tion of Final Judgment:
(1) Section II(C) of the Modification of Final
Judgment, relating to deadline for procedures for
equal access compliance.
(2) Section II(D) of the Modification of Final
Judgment, relating to line of business restrictions.
(3) Section VIII(A) of the Modification of Final
Judgment, relating to manufacturing restrictions.
(4) Section VIII(C) of the Modification of Final
Judgment, relating to standard for entry into the
interexchange market.
(5) Section VIII(D) of the Modification of Final
Judgment, relating to prohibition on entry into elec-
tronic publishing.
(6) Section VIII(H) of the Modification of
Final Judgment, relating to debt ratios at the time
of transfer.
(7) Section VIII(J) of the Modification of Final
Judgment, relating to prohibition on implementation
of the plan of reorganization before court approval.
(b) APPLICATION
TO OTHER ACTION.—This Act
shall supersede the final judgment entered December 21,
1984 and as restated January 11, 1985, in the action
styled United States v. GTE Corp., Civil Action No. 83–
1298, in the United States District Court for the District
of Columbia, and such final judgment shall not be en-
forced with respect to conduct occurring after the date of
the enactment of this Act.
(c) ANTITRUST LAWS.—Nothing in this Act shall be
construed to modify, impair, or supersede the applicability
of any of the antitrust laws.
(d) FEDERAL, STATE, AND LOCAL LAW.—(1) Except
as provided in paragraph (2), this Act shall not be con-
strued to modify, impair, or supersede Federal, State, or
local law unless expressly so provided in this Act.
(2) This Act shall supersede State and local law to
the extent that such law would impair or prevent the oper-
ation or purposes of this Act.
Æ