Goto Section: 22.901 | 22.905 | Table of Contents

FCC 22.903
Revised as of
Goto Year:1996 | 1998
Sec. 22.903  Conditions applicable to former Bell Operating Companies.

    Ameritech Corporation, Bell Atlantic Corporation, BellSouth 
Corporation, NYNEX Corporation, Pacific Telesis Group, Southwestern Bell 
Corporation, U.S. West, Inc., their successors in interest and 
affiliated entities (BOCs) may engage in the provision of cellular 
service only in accordance with the conditions in this section, unless 
otherwise authorized by the FCC. BOCs may, subject to other provisions 
of law, have a controlling or lesser interest in or be under common 
control with separate corporations that provide cellular service only 
under the following conditions:
    (a) Access to landline facilities: BOCs must not sell, lease or 
otherwise make available to the separate corporation any transmission 
facilities that are used in any way for the provision of its landline 
telephone services, except on a compensatory, arm's-length basis. 
Separate corporations must not own any facilities for the provision of 
landline telephone service. Access to landline exchange and transmission 
facilities for the provision of cellular service must be obtained by 
separate corporations on the same terms and conditions as those 
facilities are made available to other entities.
    (b) Independence. Separate corporations must operate independently 
in the provision of cellular service. Each separate corporation must--
    (1) Maintain its own books of account;
    (2) Have separate officers;
    (3) Employ separate operating, marketing, installation and 
maintenance personnel; and,
    (4) Utilize separate computer and transmission facilities in the 
provision of cellular services.
    (c) Research or development. Any research or development performed 
by BOCs for separate corporations, either separately or jointly, must be 
on a compensatory basis.
    (d) Transactions. All transactions between the separate corporation 
and the BOC or its affiliates that involve the transfer, either direct 
or by accounting or other record entries, of money, personnel, 
resources, other assets or any things of value, shall be reduced to 
writing. A copy of any contract, agreement or other arrangement entered 
between such entities with regard to interconnection with landline 
network exchange and transmission facilities must be filed with the FCC 
within thirty days after the contract, agreement, or other arrangement 
is made. A copy of all other contracts, agreements or arrangements 
between such entities shall be kept available by the separate

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corporation for inspection upon reasonable request by the FCC. The 
provision shall not apply to any transaction governed by the provision 
of an effective state or federal tariff.
    (e) Promotion. BOCs must not engage in the sale or promotion of 
cellular service on behalf of the separate corporation. However, this 
does not prohibit joint advertising or promotional efforts by the 
landline carrier and its cellular affiliate.
    (f) Proprietary information. BOCs must not provide to any such 
separate corporation any customer proprietary information, unless such 
information is publicly available on the same terms and conditions.
    (g) Provision of other Public Mobile services. Separate corporations 
may include, as part of their operations, the provision of other Public 
Mobile services.


Goto Section: 22.901 | 22.905

Goto Year: 1996 | 1998
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