itoring and electronic publishing, or (B) as provided
in any order of the United States District Court for
the District of Columbia that grants only temporary
authority.
(c) EXCEPTIONS FOR INCIDENTAL SERVICES.—Sub-
section (a) shall not prohibit a Bell operating company or
an affiliate of a Bell operating company, at any time after
the date of the enactment of this Act—
(1) from providing cable service (as such term is
defined in section 602 of the Communications Act of
1934 (47 U.S.C. 522)) to subscribers,
(2) from offering a telecommunications service
between exchange areas within a cable system fran-
chise area in a State within which the Bell operating
company is not, on the date of enactment of this Act,
a provider of telephone exchange service,
(3) from offering commercial mobile services
within the meaning of section 332(d)(1) of the Com-
munications Act of 1934 (47 U.S.C. 332(d)(1)),
(4) from offering a service that permits a cus-
tomer located in one exchange area to retrieve stored
information from, or file information for storage in,
another exchange area, or
(5) from providing signalling integral to the in-
ternal operation of telephone exchange service net-
works.
SEC. 103. LIMITATIONS ON MANUFACTURING AND PROVID-
ING EQUIPMENT.
(a) AUTHORIZATION FOR ENTRY.—
(1) REQUIRED CONDITIONS.—It shall be unlaw-
ful for a Bell operating company, directly or through
an affiliated enterprise, to manufacture or provide
telecommunications equipment, or to manufacture
customer premises equipment, unless—
(A) such company submits to the Attorney
General, at any time after the date of the enact-
ment of this Act, the notification described in
paragraph (2) and such additional material and
information described in such paragraph as the
Attorney General may request, and complies
with the waiting period specified in paragraph
(3), and
(B)(i) before the expiration of the waiting
period specified in paragraph (3), the Attorney
General notifies such company that for purposes
of this subsection the Attorney General does not
intend to commence such civil action, or
(ii) the Attorney General has not, by the ex-
piration of such waiting period, commenced a
civil action to enjoin such company from engag-
ing in the activity described in such notification.
(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 appro-
priate 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 begin-
ning 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 in
an appropriate district court of the United States to
enjoin the Bell operating company from engaging in
the activity described in such notification.
(b) EXCEPTION FOR PREVIOUSLY AUTHORIZED AC-
TIVITIES.—Subsection (a) shall not prohibit a Bell operat-
ing company from engaging, at any time after the date of
the enactment of this Act—
(1) in any activity as authorized by an order en-
tered by the United States District Court for the Dis-
trict of Columbia pursuant to section VII or 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 en-
actment of this Act, or
(2) in any activity in which the Bell operating
company or affiliate was authorized to engage on the
date of enactment of this Act, except (A) as specifi-
cally provided in this Act with respect to alarm mon-
itoring and electronic publishing, or (B) as provided
in any order of the United States District Court for
the District of Columbia that grants only temporary
authority.
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 com-
petition, or to tend to create a 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 at-
torneys, under the direction of the Attorney General, to in-
stitute proceedings in equity in their respective districts to
prevent and restrain violations of this Act.
(b) CRIMINAL LIABILITY.—Whoever knowingly engages
or knowingly attempts to engage in an activity that is pro-
hibited by section 102, 103, or 104 shall be guilty of a fel-
ony, 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
defendant resides or is found or has an agent, without
respect to the amount in controversy, and
(2) shall recover threefold the damages sustained,
and the cost of suit (including a reasonable attorney’s
fee).
The court may award under this section, pursuant to a mo-
tion by such person promptly made, simple interest on ac-
tual 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 principles as in-
junctive 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 jurisdiction
to make determinations with respect to a duty, claim, or
right arising under this Act, other than determinations au-
thorized to be made by the Attorney General and the Fed-
eral Communications Commission under section 101(b)(3).