Page:United States Statutes at Large Volume 104 Part 1.djvu/1025

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PUBLIC LAW 101-435—OCT. 17, 1990 104 STAT. 991 "(B) WAIVER AUTHORITY. — The Commission may, after 4 years following the date of enactment of this section, waive the requirements of this paragraph only if^ "(i) the findings and conclusions of the Commission in the final report issued under paragraph (3)(B)(iii) state that the regulatory objectives specified in subsection (d)(1)(A) and (B) have been achieved; and "(ii) the Commission determines that such waiver will not adversely affect the continued achievement of such regulatory objectives. "(2) REVIEW OF INFORMATIONAL TARIFFS. — If the rates and charges filed by any provider of operator services under paragraph (1) appear upon review by the Commission to be unjust or unreasonable, the Commission may require such provider of operator services to do either or both of the following: "(A) demonstrate that its rates and charges are just and reasonable, and "(B) announce that its rates are available on request at the beginning of each call. " (3) PROCEEDING REQUIRED. — "(A) IN GENERAL.— Within 60 days after the date of enactment of this section, the Commission shall initiate a proceeding to determine whether the regulatory objectives specified in subsection (d)(1)(A) and (B) are being achieved. The proceeding shall— "(i) monitor operator service rates; "(ii) determine the extent to which offerings made by providers of operator services are improvements, in terms of service quality, price, innovation, and other factors, over those available before the entry of new providers of operator services into the market; "(iii) report on (in the aggregate and by individual Reports, provider) operator service rates, incidence of service complaints, and service offerings; "(iv) consider the effect that commissions and surcharges, billing and validation costs, and other costs of doing business have on the overall rates charged to consumers; and "(v) monitor compliance with the provisions of this section, including the periodic placement of telephone calls from aggregator locations. "(B) REPORTS. —(i) The Commission shall, during the pendency of such proceeding and not later than 5 months after its commencement, provide the Congress with an interim report on the Commission's activities and progress to date. "(ii) Not later than 11 months after the commencement of such proceeding, the Commission shall report to the Congress on its interim findings as a result of the proceeding, "(iii) Not later than 23 months after the commencement of such proceeding, the Commission shall submit a final report to the Congress on its findings and conclusions. "(4) IMPLEMENTING REGULATIONS.— "(A) IN GENERAL.— Unless the Commission makes the determination described in subparagraph (B), the Commis- 39-194O-91-33:QL3Part1