acts or practices between or among Bell operat-
ing companies that are not affiliates of each
other,
(vi) whether approval of the requested au-
thorization will result, directly or indirectly, in
increasing concentration among providers of the
service that is the subject of the application to
such an extent that consumers will not be pro-
tected from rates that are unjust or unreason-
able or that are unjustly or unreasonably dis-
criminatory, and
(vii) in the case of an application to pro-
vide alarm monitoring services, whether the
Commission has the capability to enforce effec-
tively the regulations established pursuant to
section 230 of the Communications Act of 1934
as added by this Act.
(F) A determination that approves the granting
of any part of a requested authorization shall de-
scribe with particularity the nature and scope of
each activity, and of each product market or service
market, and each geographic market, to which ap-
proval applies.
(4) PUBLICATION.—Not later than 10 days
after issuing a determination under paragraph (3),
the Attorney General or the Federal Communica-
tions Commission, as the case may be, shall publish
in the Federal Register a brief description of the
determination.
(5) FINALITY.—A determination made under
paragraph (3) shall be final unless a civil action with
respect to such determination is timely commenced
under subsection (c)(1).
(6) AUTHORIZATION
GRANTED.—Subject to
paragraph (7), a requested authorization is granted
to the extent that—
(A)(i) both the Attorney General and the
Federal Communications Commission approved
under paragraph (3) the granting of the au-
thorization, and
(ii) neither of their approvals is vacated or
reversed as a result of judicial review author-
ized by subsection (c), or
(B) as a result of such judicial review of
either or both determinations, both the Attor-
ney General and the Federal Communications
Commission approve the granting of the re-
quested authorization.
(c) JUDICIAL REVIEW.—
(1) CIVIL
ACTION.—Not later than 45 days
after a determination by the Attorney General or the
Federal Communications Commission is published
under subsection (b)(4), the Bell operating company
that applied to the Attorney General and the Fed-
eral Communications Commission under subsection
(a), or any person who might be injured in its busi-
ness or property as a result of the determination re-
garding such company’s engaging in the activity de-
scribed in such company’s application, may com-
mence a civil action against the Attorney General or
the Federal Communications Commission, as the
case may be, in the United States Court of Appeals
for the District of Columbia for review of the deter-
mination regarding the application.
(2) CERTIFICATION OF RECORD.—As part of
the answer to the complaint, the Attorney General
or the Federal Communications Commission, as the
case may be, shall file in such court a certified copy
of the record upon which the determination is based.
(3) CONSOLIDATION OF ACTIONS.—The court
shall consolidate for review all civil actions com-
menced under this subsection with respect to the ap-
plication.
(4) JUDGMENT.—(A) The court shall enter a
judgment after reviewing the determination in ac-
cordance with section 706 of title 5 of the United
States Code.
(B) A judgment—
(i) affirming the part of the determination
that approves granting all or part of the re-
quested authorization, or
(ii) reversing the part of the determination
that denies all or part of the requested author-
ization,
shall describe with particularity the nature and
scope of each activity, and of each product market
or service market, and each geographic market, to
which the affirmance or reversal applies.
SEC. 102. AUTHORIZATION AS PREREQUISITE.
(a) PREREQUISITE.—Until a Bell operating company
is so authorized in accordance with section 101, it shall
be unlawful for such company, directly or through an af-
filiated enterprise, to engage in an activity described in
section 101(a)(1).
(b) EXCEPTIONS.—Subsection (a) shall not prohibit
a Bell operating company from engaging, at any time after
the date of enactment of this Act—
(1) in any activity as authorized by an order
entered by the United States District Court for the
District of Columbia pursuant to section VIII(C) of
the Modification of Final Judgment, if—
(A) such order was entered on or before
the date of the enactment of this Act, or
(B) a request for such authorization was
pending before such court on the date of the
enactment of this Act,
(2) in providing interexchange telecommuni-
cations on an intrastate basis if, after the date of
enactment of this Act, such telecommunications have
been approved by, or are authorized under the laws
of, the State involved, and public notice of the avail-
ability of such authority has occurred at least 60
days before the offering of such interexchange tele-
communications, or
(3) in providing interexchange telecommuni-
cations through the purchase and resale of tele-
communications services obtained from a person who
is not an affiliate of such company if—
(A) such interexchange telecommunications
originate in any State that, after the date of
the enactment of this Act, approves or author-
izes persons that are not affiliates of such com-
pany to provide intraexchange toll telecommuni-
cations services in such a manner that cus-
tomers in such State have the ability to route
automatically, without the use of any access
code, their intraexchange toll telecommuni-
cations to the telecommunications services pro-
vider of the customer’s designation from among
2 or more telecommunications services providers
(including such company), and
(B) not less than 45 days before such
company so provides such interexchange tele-
communications—
(i) such company gives public notice
of the availability of such approval or au-
thorization, and
(ii) the Attorney General fails to com-
mence a civil action to enjoin such com-
pany from so providing such interexchange
telecommunications.
SEC. 103. LIMITATIONS ON MANUFACTURING AND PROVID-
ING EQUIPMENT.
(a) ABSOLUTE LIMITATION.—Until the expiration of
the 1-year period beginning on the date of the enactment
of this Act, it shall be unlawful for a Bell operating com-
pany, directly or through an affiliated enterprise, to manu-
facture or provide telecommunications equipment, or to
manufacture customer premises equipment.
(b) QUALIFIED LIMITATION.—
(1) REQUIRED CONDITIONS.—After the expira-
tion of the 1-year period beginning on the date of
the enactment of this Act, it shall be lawful for a
Bell operating company, directly or through an af-
filiated enterprise, to manufacture or provide tele-
communications equipment, or to manufacture cus-
tomer premises equipment, if—
(A) such company submits to the Attorney
General the notification described in paragraph
(2) and such additional material and informa-
tion described in such paragraph as the Attor-
ney General may request, and complies with the
waiting period specified in paragraph (3), and
(B) before the expiration of the waiting pe-
riod specified in paragraph (3)—
(i) the Attorney General fails to com-
mence a civil action to enjoin such com-
pany from engaging in the activity de-
scribed in such notification, or
(ii) the Attorney General notifies such
company that for purposes of this sub-
section the Attorney General does not in-
tend to commence such civil action before
the expiration of such waiting period.
(2) NOTIFICATION.—The notification required
by paragraph (1) shall be in such form and shall
contain such documentary material and information
relevant to the proposed activity as is necessary and
appropriate for the Attorney General to determine
whether there is no substantial possibility that such
company or its affiliates could use monopoly power
to impede competition in the market such company
seeks to enter for such activity.
(3) WAITING PERIOD.—The waiting period re-
ferred to in paragraph (1) is the 1-year period be-
ginning on the date the notification required by such
paragraph is received by the Attorney General.
(4) CIVIL ACTION.—Not later than 1 year after
receiving a notification required by paragraph (1),
the Attorney General may commence a civil action
an appropriate district court of the United States to
enjoin the Bell operating company from engaging in
the activity described in such notification.
(c) EXCEPTION FOR PREVIOUSLY AUTHORIZED AC-
TIVITIES.—Subsections (a) and (b) shall not prohibit a
Bell operating company from engaging, at any time after
the date of enactment of this Act, in any activity as au-
thorized by an order entered by the United States District
Court for the District of Columbia pursuant to section
VIII(C) of the Modification of Final Judgment, if—
(1) such order was entered on or before the
date of the enactment of this Act, or
(2) a request for such authorization was pend-
ing before such court on the date of the enactment
of this Act.
SEC. 104. ANTICOMPETITIVE TYING ARRANGEMENTS.
A Bell operating company with monopoly power in
any exchange service market shall not tie (directly or indi-
rectly) in any relevant market the sale of any product or
service to the provision of any telecommunications service,
if the effect of such tying may be to substantially lessen
competition, or to tend to create monopoly, in any line
of commerce.
SEC. 105. ENFORCEMENT.
(a) EQUITABLE POWERS OF UNITED STATES ATTOR-
NEYS.—It shall be the duty of the several United States
attorneys, under the direction of the Attorney General, to
institute proceedings in equity in their respective districts
to prevent and restrain violations of this Act.
(b) CRIMINAL LIABILITY.—Whoever knowingly en-
gages or knowingly attempts to engage in an activity that
is prohibited by section 102, 103, or 104 shall be guilty
of a felony, and on conviction thereof, shall be punished
to the same extent as a person is punished upon conviction
of a violation of section 1 of the Sherman Act
(15 U.S.C. 1).
(c) PRIVATE RIGHT OF ACTION.—Any person who is
injured in its business or property by reason of a violation
of this Act—
(1) may bring a civil action in any district court
of the United States in the district in which the de-
fendant resides or is found or has an agent, without
respect to the amount in controversy, and
(2) shall recover threefold the damages sus-
tained, and the cost of suit (including a reasonable
attorney’s fee).
The court may award under this section, pursuant to a
motion by such person promptly made, simple interest on
actual damages for the period beginning on the date of
service of such person’s pleading setting forth a claim
under this Act and ending on the date of judgment, or
for any shorter period therein, if the court finds that the
award of such interest for such period is just in the
circumstances.
(d) PRIVATE INJUNCTIVE RELIEF.—Any person shall
be entitled to sue for and have injunctive relief, in any
court of the United States having jurisdiction over the
parties, against threatened loss or damage by a violation
of this Act, when and under the same conditions and prin-
ciples as injunctive relief is available under section 16 of
the Clayton Act (15 U.S.C. 26). In any action under this
subsection in which the plaintiff substantially prevails, the
court shall award the cost of suit, including a reasonable
attorney’s fee, to such plaintiff.
(e) JURISDICTION.—(1) Subject to paragraph (2),
the courts of the United States shall have exclusive juris-
diction to make determinations with respect to a duty,
claim, or right arising under this Act, other than deter-
minations authorized to be made by the Attorney General
and the Federal Communications Commission under sec-
tion 101(b)(3).
(2) The United States Court of Appeals for the Dis-
trict of Columbia shall have exclusive jurisdiction to review
determinations made under section 101(b)(3).
(3) No action commenced to assert or enforce a duty,
claim, or right arising under this Act shall be stayed pend-
ing any such determination by the Attorney General or
the Federal Communications Commission.
(f) SUBPOENAS.—In an action commenced under this
Act, a subpoena requiring the attendance of a witness at
a hearing or a trial may be served at any place within
the United States.
SEC. 106. DEFINITIONS.
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 SERVICES.—The term
‘‘alarm monitoring services’’ means services that de-
tect threats to life, safety, or property, by burglary,
fire, vandalism, bodily injury, or other emergency,
through the use of devices that transmit signals to
a central point in a customer’s residence, place of
business, or other fixed premises which—
‘‘(A) retransmits such signals to a remote
monitoring center by means of telephone ex-
change service facilities, and
‘‘(B) serves to alert persons at the mon-
itoring center of the need to inform police, fire,
rescue, or other security or public safety per-
sonnel of the threat at such premises.
Such term does not include medical monitoring de-
vices attached to individuals for the automatic sur-
veillance of ongoing medical conditions.
(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 monopolies, attempts to monopolize, and
unlawful restraints of trade.
(4) 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, US West Communications Company,
South Central Bell Telephone Company, South-
ern Bell Telephone and Telegraph Company,
Southwestern Bell Telephone Company, The
Bell Telephone Company of Pennsylvania, The
Chesapeake and Potomac Telephone Company,
The Chesapeake and Potomac Telephone Com-
pany of Maryland, The Chesapeake and Poto-
mac 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, or
(B) any successor or assign of any such
company.
(5) CUSTOMER
PREMISES
EQUIPMENT.—The
term ‘‘customer premises equipment’’ means equip-
ment employed on the premises of a person (other
than a person engaged in the business of providing
a telecommunications service) to originate, route, or
terminate telecommunications, and includes software
relating to such equipment.
(6) 
ELECTRONIC
PUBLISHING.—The 
term
‘‘electronic publishing’’ means the provision via tele-
communications, by a Bell operating company or an
affiliate of such company to a person other than an
affiliate of such company, of information—
(A) which such company or affiliate has, or
has caused to be, originated, authored, com-
piled, collected, or edited, or
(B) in which such company or affiliate has
a direct or indirect financial or proprietary
interest.
(7) 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.
(8) EXCHANGE ACCESS.—The term ‘‘exchange
access’’ means exchange services provided for the
purpose of originating or terminating interexchange
telecommunications.
(9) EXCHANGE SERVICE.—The term ‘‘exchange
service’’ means a telecommunications service pro-
vided within an exchange area.
(10) INFORMATION.—The term ‘‘information’’
means knowledge or intelligence represented by any
form of writing, signs, signals, pictures, sounds, or
other symbols.
(11) 
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. Such term does not include
alarm monitoring services or electronic publishing.
(12) 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.
(13) PERSON.—The term ‘‘person’’ has the
meaning given it in subsection (a) of the first section
of the Clayton Act (15 U.S.C. 12(a)).
(14) TELECOMMUNICATIONS.—The term ‘‘tele-
communications’’ means the transmission of infor-
mation between points by electromagnetic means.
(15) TELECOMMUNICATIONS EQUIPMENT.—The
term ‘‘telecommunications equipment’’ means equip-
ment, other than customer premises equipment, used
to provide a telecommunications service, and in-
cludes software relating to such equipment.
(16) 
TELECOMMUNICATIONS
SERVICE.—The
term ‘‘telecommunications service’’ means the offer-
ing for hire of transmission facilities or of tele-
communications by means of such facilities. Such
term does not include alarm monitoring services or
electronic publishing.
(17) 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.
SEC. 107. RELATIONSHIP TO OTHER LAWS.
(a) MODIFICATION OF FINAL JUDGMENT.—This Act
shall supersede the Modification of Final Judgment, ex-
cept that this Act shall not affect—
(1) section I of the Modification of Final Judg-
ment, relating to AT&T reorganization,
(2) section II(A) (including Appendix B) and
II(B) of the Modification of Final Judgment, relat-
ing to equal access and nondiscrimination,
(3) section IV(F) and IV(I) of the Modification
of Final Judgment, with respect to the requirements
included in the definitions of ‘‘exchange access’’ and
‘‘information access’’,
(4) section VIII(B) of the Modification of Final
Judgment, relating to printed advertising directories,
company from engaging, directly or through any affiliate,
in any manufacturing activity in which any Bell operating
company or affiliate was authorized to engage on the date
of enactment of this section.
‘‘(m) ANTITRUST LAWS.—Nothing in this section
shall be construed to modify, impair, or supersede the ap-
plicability of any of the antitrust laws.
‘‘(n) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘affiliate’ means any organiza-
tion or entity that, directly or indirectly, owns or
controls, is owned or controlled by, or is under com-
mon ownership with a Bell operating company. The
terms ‘owns’, ‘owned’, and ‘ownership’ mean an eq-
uity interest of more than 10 percent.
‘‘(2) The term ‘Bell operating company’ means
those companies listed in appendix A of the Modi-
fication of Final Judgment, and includes any succes-
sor or assign of any such company, but does not in-
clude any affiliate of any such company.
‘‘(3) The term ‘customer premises equipment’
means equipment employed on the premises of a
person (other than a carrier) to originate, route, or
terminate telecommunications.
‘‘(4) The term ‘manufacturing’ has the same
meaning as such term has in the Modification of
‘‘(C) pursuant to written contracts or tar-
iffs filed with the Commission or a State and
made publicly available.
‘‘(2) Any transfer of assets directly related to
the provision of electronic publishing from a Bell op-
erating company to any affiliate as described in sub-
section (i) and then transferred to a separated affili-
ate shall be valued at the greater of net book cost
or fair market value. Any transfer of assets related
to the provision of electronic publishing from a sepa-
rated affiliate to any affiliate and then transferred
to the Bell operating company as described in sub-
section (i) shall be valued at the lesser of net book
cost or fair market value.
‘‘(3) An affiliate shall not provide a separated
affiliate any facilities, services, or basic telephone
service information related to the provision of elec-
tronic publishing, which were provided to such affili-
ate directly or indirectly by a Bell operating com-
pany, and which is not made available to unaffiliated
companies on the same terms and conditions.
‘‘(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