(a) SEPARATE AFFILIATE REQUIRED FOR COMPETITIVE ACTIVITIES-
(1) IN GENERAL- A Bell operating company (including any affiliate) which is a local
exchange carrier that is subject to the requirements of section 251(c) may not provide any
service described in paragraph (2) unless it provides that service through one or more
affiliates that--
(A) are separate from any operating company entity that is subject to the requirements
of section 251(c); and
(B) meet the requirements of subsection (b).
(2) SERVICES FOR WHICH A SEPARATE AFFILIATE IS REQUIRED- The services for which a
separate affiliate is required by paragraph (1) are:
(A) Manufacturing activities (as defined in section 273(h)).
(B) Origination of interLATA telecommunications services, other than--
(i) incidental interLATA services described in paragraphs (1), (2), (3), (5), and (6)
of section 271(g);
(ii) out-of-region services described in section 271(b)(2); or
(iii) previously authorized activities described in section 271(f).
(C) InterLATA information services, other than electronic publishing (as defined in
section 274(h)) and alarm monitoring services (as defined in section 275(e)).
(b) STRUCTURAL AND TRANSACTIONAL REQUIREMENTS- The separate affiliate required by this
section--
(1) shall operate independently from the Bell operating company;
(2) shall maintain books, records, and accounts in the manner prescribed by the
Commission which shall be separate from the books, records, and accounts maintained by the
Bell operating company of which it is an affiliate;
(3) shall have separate officers, directors, and employees from the Bell operating
company of which it is an affiliate;
(4) may not obtain credit under any arrangement that would permit a creditor, upon
default, to have recourse to the assets of the Bell operating company; and
(5) shall conduct all transactions with the Bell operating company of which it is an
affiliate on an arm's length basis with any such transactions reduced to writing and
available for public inspection.
(c) NONDISCRIMINATION SAFEGUARDS- In its dealings with its affiliate described in
subsection (a), a Bell operating company--
(1) may not discriminate between that company or affiliate and any other entity in the
provision or procurement of goods, services, facilities, and information, or in the
establishment of standards; and
(2) shall account for all transactions with an affiliate described in subsection (a) in
accordance with accounting principles designated or approved by the Commission.
(d) BIENNIAL AUDIT-
(1) GENERAL REQUIREMENT- A company required to operate a separate affiliate under this
section shall obtain and pay for a joint Federal/State audit every 2 years conducted by an
independent auditor to determine whether such company has complied with this section and
the regulations promulgated under this section, and particularly whether such company has
complied with the separate accounting requirements under subsection (b).
(2) RESULTS SUBMITTED TO COMMISSION; STATE COMMISSIONS- The auditor described in
paragraph (1) shall submit the results of the audit to the Commission and to the State
commission of each State in which the company audited provides service, which shall make
such results available for public inspection. Any party may submit comments on the final
audit report.
