Flexibility Act, the Commission’s rules, or any other provi-
sion of law.
‘‘(e) EFFECTIVE DATE.—The provisions of this sec-
tion shall apply with respect to any rule adopted on or
after the date of enactment of this section.
‘‘SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.
‘‘The Commission shall not require a two percent
carrier—
‘‘(1) to file cost allocation manuals or to have
audited or attested such manuals; or
‘‘(2) to file Automated Reporting and Manage-
ment Information Systems (ARMIS).
‘‘SEC. 283. INTEGRATED OPERATION OF TWO PERCENT
CARRIERS.
‘‘The Commission shall not adopt or enforce any reg-
ulation the purpose or effect of which is to impair the abil-
ity of a two percent carrier to integrate its operations in
one or more entities, at its discretion. Such operations
may include the provision of common carrier and non-
common carrier services, including local and interexchange
services, commercial mobile radio services, advanced serv-
ices within the meaning of section 706 of the Tele-
communications Act of 1996, paging, Internet, informa-
tion or other enhanced services, or other services. The
Commission shall not require companies to which this
paragraph applies to maintain separate officers, directors,
or other personnel, network facilities, buildings, research
and development departments, books of account, financ-
ing, marketing, provisioning, or other operations.
‘‘SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE
CAP REGULATION.
‘‘(a) NECA POOL.—The participation or withdrawal
from participation by a two percent carrier of one or more
study areas in the common line tariff administered and
filed by the National Exchange Carrier Association or any
successor tariff or administrator shall not obligate such
carrier to participate or withdraw from participation in
such tariff for any other study area.
‘‘(b) PRICE CAP REGULATION.—A two percent car-
rier may elect to be regulated by the Commission under
price cap rate regulation, or elect to withdraw from such
regulation, for one or more of its study areas at any time.
The Commission shall not require a carrier making an
election under this paragraph with respect to any study
area or areas to make the same election for any other
study area.
‘‘SEC. 285. REVIEW OF MERGERS.
‘‘Except as required by section 310(f), the Commis-
sion shall have no authority to approve, disapprove, delay,
condition, or modify the terms of any merger between two
percent carriers or their affiliates, or any acquisition, di-
rectly or indirectly, by a two percent carrier or its affiliate
of the securities or assets of another two percent carrier
or its affiliate, if after the merger, the resulting entry
would still be a two percent carrier.
‘‘SEC. 286. DEPLOYMENT OF NEW TELECOMMUNICATIONS
SERVICES BY TWO PERCENT COMPANIES.
‘‘Two percent carriers shall be permitted to introduce
new interstate telecommunications services by filing a tar-
iff on one day’s notice showing the charges, classifications,
regulations and practices therefor, without obtaining a
waiver, or make any other showing before the Commission
in advance of the tariff filing. The Commission shall not
have authority to approve or disapprove the rate structure
for such services shown in such tariff.
‘‘SEC. 287. ENTRY OF COMPETING CARRIER.
‘‘(a) PRICING FLEXIBILITY.—Notwithstanding any
other provision of this Act, any two percent carrier shall
be permitted to deaverage its interstate switched or special
access rates, file tariffs on one day’s notice and file con-
tract-based tariffs for interstate switched or special access
services immediately upon certifying to the Commission
that a telecommunications carrier unaffiliated with such
carrier has engaged in facilities-based entry or resale-
based entry within such carrier’s service area.
‘‘(b) PRICING
DEREGULATION.—Notwithstanding
any other provision of this Act, the Commission shall have
no authority to regulate the rates for interstate services
provided by a two percent carrier immediately upon certi-
fying to the Commission by such carrier that a local ex-
change carrier that is not a two percent carrier has en-
gaged in facilities-based entry within such two percent car-
rier’s service area.
‘‘(c) PARTICIPATION IN EXCHANGE CARRIER ASSO-
CIATION TARIFF.—A two percent carrier that meets the
requirements of subsection (a) or (b) of this section with
respect to one or more study areas shall be permitted to
participate in the common line tariff administered and
filed by the National Exchange Carrier Association or any
successor tariff or administrator, by electing to include
one or more of its study areas in such tariff.
‘‘(d) DEFINITIONS.—For purposes of this section:
‘‘(1) FACILITIES-BASED ENTRY.—The term ‘fa-
cilities-based entry’ means, within the service area of
a two percent carrier—
‘‘(A) the provision or procurement of local
telephone exchange switching capability; and
‘‘(B) the provision of local exchange service
to at least one unaffiliated customer.
‘‘(2) RESALE-BASED ENTRY.—The term ‘resale-
based entry’ means, within the service area of a two
percent carrier, the provision of telecommunications
service using resale offered under section 251(c).
‘‘(3) CONTRACT-BASED
TARIFF.—The term
‘contract-based tariff’ shall mean a tariff based on
a service contract entered into between a two per-
cent carrier and one or more customers of such car-
rier. Such tariff shall include—
‘‘(A) the term of the contract, including
any renewal options;
‘‘(B) a brief description of each of the
services provided under the contract;
‘‘(C) minimum volume commitments for
each service, if any;
‘‘(D) the contract price for each service or
services at the volume levels committed to by
the customer or customers;
‘‘(E) a brief description of any volume dis-
counts built into the contract rate structure;
and
‘‘(F) a general description of any other
classifications, practices, and regulations affect-
ing the contract rate.