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.
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