Page:United States Statutes at Large Volume 116 Part 2.djvu/132

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116 STAT. 914 PUBLIC LAW 107-206—AUG. 2, 2002 (B) by striking the period at the end of subparagraph (B) and inserting a semicolon; and (C) by adding at the end the following: "(C) shall offer a bush passenger carrier providing service on a route in the State of Alaska between an acceptance point and a hub not served by a mainline carrier the opportunity to receive equitable tender of nonpriority bypass mail at mainline service rates when a mainline carrier begins serving that route if the bush passenger carrier— "(i) meets the requirements of paragraph (1); "(ii) provided at least 20 percent of the passenger service (as calculated in subsection (h)(5)) between such city pair for the 6 months immediately preceding the date on which the bush carrier seeks such tender; and "(iii) continues to provide not less than 20 percent of the passenger service on the city pair while seeking such tender; "(D) shall offer bush passenger carriers and nonmail freight carriers the opportunity to receive equitable tender of nonpriority bypass mail at mainline service rates from a hub point to a destination city in the State of Alaska if the city pair is also being served by a mainline carrier and— "(i) for a passenger carrier— "(I) the carrier meets the requirements of paragraph (1); "(II) the carrier provided at least 20 percent of the passenger service (as calculated in subsection (h)(5)) on the city pair route for the 6 months immediately preceding the date on which the carrier seeks such tender; and "(III) the carrier continues to provide not less than 20 percent of the passenger service on the route; or "(ii) for a nonmail freight carrier— "(I) the carrier meets the requirements of paragraph (1); and "(II) the carrier provided at least 25 percent of the nonmail freight service (as calculated in subsection (i)(6)) on the city pair route for the 6 months immediately preceding the date on which the carrier seeks such tender; "(E)(i) shall not offer equitable tender of nonpriority mainline bypass mail at mainline rates to a bush carrier operating from an acceptance point to a hub point in the State of Alaska, except as described in subparagraph (C); and "(ii) may tender nonpriority bypass mail at bush rates to a bush carrier from an acceptance point to a hub point in the State of Alaska if the Postal Service determines that— "(I) the bush carrier meets the requirements of paragraph (1); "(II) the service to be provided on such route by the bush carrier is not otherwise available through direct mainline service; and "(III) tender of mail to such bush carrier will not decrease the efficiency of nonpriority bypass mail service (in terms of pa3mients to all carriers providing service on the city pair route and timely delivery) for the route;