I
103D CONGRESS
1ST SESSION
H. R. 3626
To supersede the Modification of Final Judgment entered August 24, 1982,
in the antitrust action styled United States v. Western Electric, Civil
Action No. 82–0192, United States District Court for the District of
Columbia; to amend the Communications Act of 1934 to regulate the
manufacturing of Bell operating companies, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 22, 1993
Mr. BROOKS (for himself and Mr. DINGELL) introduced the following bill;
which was referred jointly to the Committees on the Judiciary and
Energy and Commerce
A BILL
To supersede the Modification of Final Judgment entered
August 24, 1982, in the antitrust action styled United
States v. Western Electric, Civil Action No. 82–0192,
United States District Court for the District of Colum-
bia; to amend the Communications Act of 1934 to regu-
late the manufacturing of Bell operating companies, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
(a) TITLE I.—Title I of this Act may be cited as the
‘‘Antitrust Reform Act of 1993’’.
(b) TITLE II.—Title II of this Act may be cited as
the Communications Reform Act of 1993’’.
TITLE I—SUPERSESSION OF THE
MODIFICATION 
OF 
FINAL
JUDGMENT
SEC. 101. AUTHORIZATION FOR BELL OPERATING COM-
PANY TO ENTER COMPETITIVE LINES OF
BUSINESS.
(a) APPLICATION.—
(1) IN
GENERAL.—After the applicable date
specified in paragraph (2), a Bell operating company
may apply simultaneously to the Attorney General
and the Federal Communications Commission for
authorization, notwithstanding the Modification of
Final Judgment—
(A) to provide alarm monitoring services,
or
(B) to provide interexchange telecommuni-
cations.
The application shall describe with particularity the
nature and scope of each activity, and of each prod-
uct market or service market, and each geographic
market, for which authorization is sought.
(2) APPLICABLE
DATES.—For purposes of
paragraph (1), the applicable date after which a Bell
operating company may apply for authorization shall
be—
(A) the date of enactment of this Act, with
respect to—
(i) engaging in any activity described
in subparagraph (B), (C), or (D), to the
extent, with respect to each market to
which the activity relates, that there exists
no actual or potential competition,
(ii) offering of a service described in
subsection (b)(3)(D)(iii),
(iii) providing, through transmission
facilities owned by such company, of inter-
state 
interexchange 
telecommunications
that originate and terminate in exchange
areas in which the Bell operating company,
or an affiliate (as of November 21, 1993)
of such company that is a Bell operating
company, provided telephone exchange
service as of November 21, 1993,
(B) except to the extent that an earlier
date is available under subparagraph (A), the
date that occurs 18 months after the date of
enactment of this Act, with respect to providing
interexchange telecommunications through the
acquisition and resale of telecommunications
services,
(C) except to the extent that an earlier
date is available under subparagraph (A) or
(B), the date that occurs 60 months after the
date of enactment of this Act, with respect to
providing any interstate telecommunications,
and
(D) the date that occurs 66 months after
the date of enactment of this Act, with respect
to providing alarm monitoring services.
(3) INTERAGENCY
NOTIFICATION.—Whenever
the Attorney General or the Federal Communica-
tions Commission receives an application made
under paragraph (1), the recipient of the application
shall notify the other of such receipt.
(4) PUBLICATION.—Not later than 10 days
after receiving an application made under paragraph
(1), the Attorney General and the Federal Commu-
nications Commission jointly shall publish the appli-
cation in the Federal Register.
(b) SEPARATE DETERMINATIONS BY THE ATTORNEY
GENERAL AND THE FEDERAL COMMUNICATIONS COMMIS-
SION.—
(1) COMMENT PERIOD.—Not later than 45 days
after the application is published under subsection
(a)(4), interested persons may submit comments to
the Attorney General, to the Federal Communica-
tions Commission, or to both regarding the applica-
tion. Submitted comments shall be available to the
public.
(2) 
INTERAGENCY
CONSULTATION.—Before
making their respective determinations under para-
graph (3), the Attorney General and the Federal
Communications Commission shall consult with each
other regarding the application involved.
(3) DETERMINATIONS.—(A) After the time for
comment under paragraph (1) has expired, but not
later than 180 days after the application is received
under subsection (a)(1), the Attorney General and
the Federal Communications Commission each shall
issue separately a written determination, on the
record after an opportunity for a hearing, with re-
spect to granting the authorization for which the
Bell operating company has applied.
(B) Such determination shall be based on clear
and convincing evidence.
(C) A person who might be injured in its busi-
ness or property as a result of the approval of the