Page:United States Statutes at Large Volume 95.djvu/1715

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PUBLIC LAW 97-000—MMMM. DD, 1981

PUBLIC LAW 97-130—DEC. 29, 1981

95 STAT. 1689

parties to such agreement, except that each party to such agreement shall have the right to establish the total price charged by such party to the public for any such service which is originated by such party, consistent with the provisions of section 203. To the extent possible, 47 USC 203 and consistent with the provisions of paragraph (3)(B)(ii), the Commission shall require that such equitable allocation of revenues be based upon the costs of the record communications service or facility employed as a result of such agreement. (3)(A) The Commission, as soon as practicable Oiut not later than fifteen days) after the date of the enactment of the Record Carrier Competition Act of 1981, shall convene a meeting among all record carriers which the Commission determines would be parties to any agreement required by paragraph (l)(A)(i). Such meeting shall be held for the purpose of negotiating any such agreement. Representatives of the Commission shall attend such meeting for purposes of monitoring and presiding over such negotitions. "(B)(i) In the case of any such required agreement, if— "(I) the record carrier subject to the interconnection requirement; and "(II) a majority of the primary existing international record carriers involved in the meeting convened by the Commission under subparagraph (A); fail to enter into an agreement before the end of the forty-five-day period following the beginning of such meeting, then the Commission Interim or final shall issue an interim or final order which establishes a just, fair, order. reasonable, and nondiscriminatory agreement which is consistent with the purposes of this section. Any such agreement established by the Commission shall be binding upon such parties. "(ii) Such interim or final order shall be issued not later than ninety days after the date on which the Commission convenes the meeting under subparagraph (A). In the case of any such required agreement, if— "(I) the record carrier subject to the interconnection requirement; and "(II) a majority of the primary existing international record carriers involved in the meeting convened by the Commission under subparagraph (A); reach an agreement which complies with the requirements of this section, and such agreement is entered into before the issuance of such order by the Commission under this subparagraph, then such agreement of the parties shall take effect and the Commission shall not be required to issue any such order. "(C) Any record carrier which is not subject to the agreement Notice entered into, or established by the Commission, under this paragraph may elect to be subject to the terms of such agreement upon furnishing written notice to the Commission and to all existing parties to such agreement. After a carrier makes such an election, the terms and arrangements established by the agreement shall apply to such carrier to the extent practicable, as determined by the Commission. "(4) The Commission shall have authority to vacate or modify any Authority to agreement entered into by any record carriers under this section if vacate or modify the Commission determines that (A) such agreement is not consistent agreements. with the purposes of this section; or (B) such agreement unjustly or unreasonably discriminates against any record carrier. "(5) If the Western Union Telegraph Company submits an applica- Application, tion to the Commission for authority to provide international record restrictions. communications service, the Commission shall not have any authori-