PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 79 "SEC. 260. PROVISION OF TELEMESSAGING SERVICE. 47 USC 260. "(a) NONDISCRIMINATION SAFEGUARDS.—Any local exchange carrier subject to the requirements of section 251(c) that provides telemessaging service— "(1) shall not subsidize its telemessaging service directly or indirectly from its telephone exchange service or its exchange access; and "(2) shall not prefer or discriminate in favor of its telemessaging service operations in its provision of telecommunications services. "(b) EXPEDITED CONSIDERATION OF COMPLAINTS.—The Commission shall establish procedures for the receipt and review of complaints concerning violations of subsection (a) or the regulations thereunder that result in material financial harm to a provider of telemessaging service. Such procedures shall ensure that the Commission will make a final determination with respect to any such complaint within 120 days after receipt of the complaint. If the complaint contains an appropriate showing that the alleged violation occurred, the Commission shall, within 60 days after receipt of the complaint, order the local exchange carrier and any affiliates to cease engaging in such violation pending such final determination. "(c) DEFINITION. —As used in this section, the term 'telemessaging service' means voice mail and voice storage and retrieval services, any live operator services used to record, transcribe, or relay messages (other than telecommunications relay services), and any ancillary services offered in combination with these services. "SEC. 261. EFFECT ON OTHER REQUIREMENTS. 47 USC 261. "(a) COMMISSION REGULATIONS. —Nothing in this part shall be construed to prohibit the Commission from enforcing regulations prescribed prior to the date of enactment of the Telecommunications Act of 1996 in fulfilling the requirements of this part, to the extent that such regulations are not inconsistent with the provisions of this part. "(b) EXISTING STATE REGULATIONS. — Nothing in this part shall be construed to prohibit any State commission from enforcing regulations prescribed prior to the date of enactment of the Telecommunications Act of 1996, or from prescribing regulations after such date of enactment, in fulfilling the requirements of this part, if such regulations are not inconsistent with the provisions of this part. "(c) ADDITIONAL STATE REQUIREMENTS.— Nothing in this part precludes a State from imposing requirements on a telecommunications carrier for intrastate services that are necessary to further competition in the provision of telephone exchange service or exchange access, as long as the State's requirements are not inconsistent with this part or the Commission's regulations to implement this part.". (b) DESIGNATION OF PART I.— Title II of the Act is further amended by inserting before the heading of section 201 the following new heading: " PART I—COMMON CARRIER REGULATION". (c) STYLISTIC CONSISTENCY. —The Act is amended so that— 47 USC i5i note.
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