more competing products and services. This
factor may only be considered so long as
competing manufacturers and network serv-
ice providers are not held to the same obli-
gation with respect to access by persons
with disabilities.
‘‘(C) ACTIVITY.—For the purposes of this
paragraph, the term ‘activity’ includes—
‘‘(i) the research, design, development,
deployment, and fabrication activities nec-
essary to comply with the requirements of
this section; and
‘‘(ii) the acquisition of the related ma-
terials and equipment components.
‘‘(5) EFFECTIVE
DATE.—The regulations re-
quired by this subsection shall become effective 18
months after the date of enactment of this section.
‘‘(h) PUBLIC NETWORK ENHANCEMENT.—A Bell oper-
ating company manufacturing affiliate shall, as a part of
its overall research and development effort, establish a per-
manent program for manufacturing research and develop-
ment of products and applications for the enhancement of
the public switched telephone network and to promote public
access to advanced telecommunications services. Such pro-
gram shall focus its work substantially on developing tech-
nological advancements in public telephone network appli-
cations, telecommunication equipment and products, and
access solutions to new services and technology, including
access by (1) public institutions, including educational and
health care institutions; and (2) people with disabilities
and functional limitations. Notwithstanding the limita-
tions in subsection (a), a Bell operating company and its
affiliates may engage in such a program in conjunction
with a Bell operating company not so affiliated or any of
its affiliates. The existence or establishment of such a pro-
gram that is jointly provided by manufacturing affiliates
of Bell operating companies shall satisfy the requirements
of this section as it pertains to all such affiliates of a Bell
operating company.
‘‘(i) ADDITIONAL RULES AUTHORIZED.—The Commis-
sion may prescribe such additional rules and regulations
as the Commission determines necessary to carry out the
provisions of this section. The Commission shall prescribe
regulations to implement this section within 270 days after
the date of enactment of this section.
‘‘(j) ADMINISTRATION AND ENFORCEMENT AUTHOR-
ITY.—
‘‘(1) COMMISSION
REGULATORY
AUTHORITY.—
For the purposes of administering and enforcing the
provisions of this section and the regulations pre-
scribed thereunder, the Commission shall have the
same authority, power, and functions with respect to
any Bell operating company or any affiliate thereof
as the Commission has in administering and enforc-
ing the provisions of this title with respect to any
common carrier subject to this Act.
‘‘(2) PRIVATE
ACTIONS.—Any common carrier
that provides telephone exchange service and that is
injured by an act or omission of a Bell operating
company or its manufacturing affiliate which violates
the requirements of paragraph (7) or (8) of subsection
(c), or the Commission’s regulations implementing
such paragraphs, may initiate an action in a district
court of the United States to recover the full amount
of damages sustained in consequence of any such vio-
lation and obtain such orders from the court as are
necessary to terminate existing violations and to pre-
vent future violations; or such regulated local tele-
phone exchange carrier may seek relief from the Com-
mission pursuant to sections 206 through 209.
‘‘(k) EXISTING MANUFACTURING AUTHORITY.—Noth-
ing in this section shall prohibit any Bell operating com-
pany 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.
‘‘(l) ANTITRUST LAWS.—Nothing in this section shall
be construed to modify, impair, or supersede the applicabil-
ity of any of the antitrust laws.
‘‘(m) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘affiliate’ means any organization
or entity that, directly or indirectly, owns or controls,
is owned or controlled by, or is under common owner-
ship with a Bell operating company. The terms
‘owns’, ‘owned’, and ‘ownership’ mean an equity in-
terest of more than 10 percent.
‘‘(2) The term ‘Bell operating company’ means
those companies listed in appendix A of the Modifica-
tion of Final Judgment, and includes any successor
or assign of any such company, but does not include
any affiliate of any such company.
‘‘(3) The term ‘customer premises equipment’
means equipment employed on the premises of a per-
son (other than a carrier) to originate, route, or ter-
minate telecommunications.
‘‘(4) The term ‘manufacturing’ has the same
meaning as such term has in the Modification of
Final Judgment.
‘‘(5) The term ‘manufacturing affiliate’ means
an affiliate of a Bell operating company established
in accordance with subsection (b) of this section.
‘‘(6) The term ‘Modification of Final Judgment’
means the decree entered August 24, 1982, in United
States v. Western Electric Civil Action No. 82–0192
(United States District Court, District of Columbia),
and includes any judgment or order with respect to
such action entered on or after August 24, 1982, and
before the date of enactment of this section.
‘‘(7) The term ‘telecommunications’ means the
transmission, between or among points specified by
the user, of information of the user’s choosing, without
change in the form or content of the information as
sent and received, by means of an electromagnetic
transmission medium, including all instrumentalities,
facilities, apparatus, and services (including the col-
lection, storage, forwarding, switching, and delivery
of such information) essential to such transmission.
‘‘(8) The term ‘telecommunications equipment’
means equipment, other than customer premises
equipment, used by a carrier to provide telecommuni-
cations services, and includes software integral to
such equipment (including upgrades).
‘‘(9) The term ‘telecommunications service’
means the offering for hire of telecommunications fa-
cilities, or of telecommunications by means of such fa-
cilities.’’.
SEC. 202. REGULATION OF ENTRY INTO ALARM MONITOR-
ING SERVICES.
(a) AMENDMENT.—Title II of the Communications Act
is amended by adding at the end the following new section:
‘‘SEC. 230. REGULATION OF ENTRY INTO ALARM MONITOR-
ING SERVICES.
‘‘(a) REGULATIONS
REQUIRED.—The Commission
shall prescribe regulations—
‘‘(1) to establish such requirements, limitations,
or conditions as are (A) necessary and appropriate in
the public interest with respect to the provision of
alarm monitoring services by Bell operating compa-
nies and their affiliates, and (B) effective at such
time as a Bell operating company or any of its affili-
ates is authorized to provide alarm monitoring serv-
ices;
‘‘(2) to prohibit Bell operating companies and
their affiliates, at that or any earlier time after the
date of enactment of this section, from recording in
any fashion the occurrence or the contents of calls re-
ceived by providers of alarm monitoring services for