118 STAT. 3345 PUBLIC LAW 108–447—DEC. 8, 2004 (1) in section 106— (A) in the heading, by inserting ‘‘Constitution Day and’’ before ‘‘Citizenship Day’’; (B) in subsection (a), by striking ‘‘is Citizenship Day.’’ and inserting ‘‘is designated as Constitution Day and Citi zenship Day.’’; (C) in subsection (b)— (i) by inserting ‘‘Constitution Day and’’ before ‘‘Citi zenship Day’’; (ii) by striking ‘‘commemorates’’ and inserting ‘‘commemorate’’; and (iii) by striking ‘‘recognizes’’ and inserting ‘‘recog nize’’; (D) in subsection (c), by inserting ‘‘Constitution Day and’’ before ‘‘Citizenship Day’’ both places such term appears; and (E) in subsection (d), by inserting ‘‘Constitution Day and’’ before ‘‘Citizenship Day’’; and (2) in the item relating to section 106 of the table of contents, by inserting ‘‘Constitution Day and’’ before ‘‘Citizen ship Day’’. (d) This section shall be without fiscal year limitation. SEC. 112. (a) Notwithstanding any other provision of law or any contract: (1) the rates in effect on November 15, 2004, under the tariff (the ‘‘tariff’’) required by FCC 94–116 (reduced three percent annually starting January 1, 2006) shall apply beginning 45 days after the date of enactment of this Act through December 31, 2009, to the sale and purchase of interstate switched wholesale service elements offered by any provider originating or terminating anywhere in the area (the ‘‘market’’) described in section 4.7 of the tariff (collectively the ‘‘covered services’’); (2) beginning April 1, 2005, through December 31, 2009, no provider of covered services may provide, and no purchaser of such services may obtain, covered services in the same contract with services other than those that originate or terminate in the market, if the covered services in the contract represent more than 5 percent of such contract’s total value; and (3) revenues collected hereunder (less costs) for calendar years 2005 through 2009 shall be used to support and expand the network in the market. (b) Effective on the date of enactment of this Act: (1) the conditions described in FCC 95–334 and the related conditions imposed in FCC 94–116, FCC 95–427, and FCC 96–485; and (2) all pending proceedings relating to the tariff, shall terminate. There after, the State regulatory commission with jurisdiction over the market shall treat all interexchange carriers serving the market the same with respect to the provision of intrastate services, with the goal of reducing regulation, and shall not require such carriers to file reports based on the Uniform System of Accounts. (c) Any provider may file to enforce this section (including damages and injunctive relief) before the FCC (whose final order may be appealed under 47 U.S.C. 402(a)) or under 47 U.S.C. 207 if the FCC fails to issue a final order within 90 days of a filing. Nothing herein shall affect rate integration, carrier of last resort obligations of any carrier or its successor, or the purchase of covered services by any rural telephone company (as defined in 47 U.S.C. 153(37)), or an affiliate under its control, for its provision of retail interstate interexchange services originating in the market. Effective date. Applicability. Deadline.
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