‘‘(1) AUTHORITY
OF
STATES.—Whenever the
attorney general of a State, or an official or agency
designated by a State, has reason to believe that any
person has engaged or is engaging in a pattern or
practice of (A) effecting changes in a subscribers’ se-
lections of a provider of telephone exchange service
or telephone toll service in violation of this section
or the regulations prescribed under this section, or
(B) submitting for billing on bills for telecommuni-
cations services, and collecting for, unauthorized
services or products, shall the State may bring a
civil action on behalf of its residents to enjoin such
calls, an action to recover for actual monetary loss
or receive $500 in damages for each violation, or
both such actions. If the court finds the defendant
willfully or knowingly violated such regulations, the
court may, in its discretion, increase the amount of
the award to an amount equal to not more than 3
times the amount available under the preceding sen-
tence.
‘‘(2) EXCLUSIVE
JURISDICTION
OF
FEDERAL
COURTS.—The district courts of the United States,
the United States courts of any territory, and the
District Court of the United States for the District
of Columbia shall have exclusive jurisdiction over all
civil actions brought under this subsection. Upon
proper application, such courts shall also have juris-
diction to issue writs of mandamus, or orders afford-
ing like relief, commanding the defendant to comply
with the provisions of this section or regulations pre-
scribed under this section, including the requirement
that the defendant take such action as is necessary
to remove the danger of such violation. Upon a prop-
er showing, a permanent or temporary injunction or
restraining order shall be granted without bond.
‘‘(3) RIGHTS OF COMMISSION.—The State shall
serve prior written notice of any such civil action
upon the Commission and provide the Commission
with a copy of its complaint, except in any case
where such prior notice is not feasible, in which case
the State shall serve such notice immediately upon
instituting such action. The Commission shall have
the right (A) to intervene in the action, (B) upon so
intervening, to be heard on all matters arising there-
in, and (C) to file petitions for appeal.
‘‘(4) VENUE; SERVICE OF PROCESS.—Any civil
action brought under this subsection in a district
court of the United States may be brought in the
district wherein the defendant is found or is an in-
habitant or transacts business or wherein the viola-
tion occurred or is occurring, and process in such
cases may be served in any district in which the de-
fendant is an inhabitant or where the defendant may
be found.
‘‘(5) INVESTIGATORY
POWERS.—For purposes
of bringing any civil action under this subsection,
nothing in this section shall prevent the attorney
general of a State, or an official or agency des-
ignated by a State, from exercising the powers con-
ferred on the attorney general or such official by the
laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the at-
tendance of witnesses or the production of documen-
tary and other evidence.
‘‘(6) EFFECT
ON
STATE
COURT
PROCEED-
INGS.—Nothing contained in this subsection shall be
construed to prohibit an authorized State official
from proceeding in State court on the basis of an al-
leged violation of any general civil or criminal stat-
ute of such State.
‘‘(7) LIMITATION.—Whenever the Commission
has instituted a civil action for violation of regula-
tions prescribed under this section, no State may,
during the pendency of such action instituted by the
Commission, subsequently institute a civil action
against any defendant named in the Commission’s
complaint for any violation as alleged in the Com-
mission’s complaint.
‘‘(8) DEFINITION.—As used in this subsection,
the term ‘attorney general’ means the chief legal of-
ficer of a State.’’.
SEC. 202. NTIA STUDY OF THIRD PARTY VERIFICATION AND
AUTHENTICATION.
(a) STUDY REQUIRED.—The National Telecommuni-
cations and Information Administration of the Depart-
ment of Commerce shall conduct a study of the feasibility
and desirability of establishing third party verification and
authentication systems for preventing illegal changes in
telephone subscriber carrier selections. The study shall in-
clude—
(1) an analysis of the cost of establishing a na-
tional, independent database or clearinghouse to au-
thorize and verify changes in carrier selections;
(2) the additional cost to carriers, per change
in carrier selection, to fund the ongoing operation of
such an independent database or clearinghouse;
(3) the cost and feasibility of implementing
such databases or clearinghouses at the State level;
and
(4) the advantages and disadvantages of utiliz-
ing independent databases or clearinghouses for au-
thorizing 
and 
authenticating 
carrier 
selection
changes.
(b) REPORT REQUIRED.—Within 180 days after the
date of enactment of this Act, the National Telecommuni-
cations and Information Administration shall submit to
the Committee on Commerce of the House of Representa-
tives and Committee on Commerce, Science, and Trans-
portation of the Senate the results of the study required
by subsection (a).
Æ