‘‘(4) SERVICE AREA.—The term ‘service area’
has the same meaning as in section 214(e)(5).
‘‘SEC. 288. SAVINGS PROVISION.
‘‘Nothing in this part shall be construed to diminish
the rights of rural telephone companies otherwise accorded
by this Act, or the rules, policies, procedures, guidelines,
and standards of the Commission as of the date of enact-
ment of this section.’’.
SEC. 5. LIMITATION ON MERGER REVIEW
(a) AMENDMENT.—Section 310 of the Communica-
tions Act of 1934 (47 U.S.C. 310) is amended by adding
at the end the following:
‘‘(f) DEADLINE FOR MAKING PUBLIC INTEREST DE-
TERMINATION.—
‘‘(1) TIME
LIMIT.—In connection with any
merger between two percent carriers, or the acquisi-
tion, directly or indirectly, by a two percent carrier
or its affiliate of the securities or assets of another
two percent carrier or its affiliate, the Commission
shall make the determination required by subsection
(d) of this section not later than 45 days after the
date the application is submitted to the Commission.
‘‘(2) APPROVAL ABSENT ACTION.—If the Com-
mission does not approve or deny an application as
described in paragraph (1) by the end of the period
specified, the application shall be deemed approved
on the day after the end of such period. Any such
application deemed approved under this subsection
shall be deemed approved without conditions.’’.
(b) EFFECTIVE DATE.—The provisions of this sec-
tion shall apply with respect to any application that is sub-
mitted to the Commission on or after the date of enact-
ment of this Act. Applications pending with the Commis-
sion on the date of enactment of this Act shall be subject
to the requirements of this section as if they had been
filed with the Commission on the date of enactment of
this Act.
SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RE-
CONSIDERATION OR WAIVER.
(a) AMENDMENT.—Section 405 of the Communica-
tions Act of 1934 (47 U.S.C. 405) is amended by adding
to the end the following:
‘‘(c) EXPEDITED ACTION REQUIRED.—
‘‘(1) TIME LIMIT.—Within 90 days after receiv-
ing from a two percent carrier a petition for recon-
sideration filed under this section or a petition for
waiver of a rule, policy, or other Commission re-
quirement, the Commission shall issue an order
granting or denying such petition. If the Commission
fails to act on a petition for waiver subject to the
requirements of this section within this 90-day pe-
riod, the relief sought in such petition shall be
deemed granted. If the Commission fails to act on
a petition for reconsideration subject to the require-
ments of this section within this 90 day period, the
Commission’s enforcement of any rule the reconsid-
eration of which was specifically sought by the peti-
tioning party shall be stayed with respect to that
party until the Commission issues an order granting
or denying such petition.
‘‘(2) FINALITY OF ACTION.—Any order issued
under paragraph (1), or any grant of a petition for
waiver that is deemed to occur as a result of the
Commission’s failure to act under paragraph (1),
shall be a final order and may be appealed.’’.
(b) EFFECTIVE DATE.—The provisions of this sec-
tion shall apply with respect to any petition for reconsider-
ation or petition for waiver that is submitted to the Com-
mission on or after the date of enactment of this Act.
Pending petitions for reconsideration or petitions for waiv-
er shall be subject to the requirements of this section as
if they had been filed on the date of enactment of this
Act.
Æ