Modified Final Judgment: Hearing Before the Subcommittee on Telecommunications and Finance of the Committee on Energy and Commerce, House of Representatives, One Hundred First Congress, First Session, Part 1

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Page 108 - telephone" has too many shortcomings to be seriously considered as a means of communication. The device is inherently of no value to us.
Page 192 - ... evade" rate regulation and inflate consumers' rates was a per se violation of section 2 of the Sherman Act under Byars v. Bluff City News, 609 F.2d 843, 861 (6th Cir. 1979); 3 P. Areeda & D. Turner, Antitrust Law 218-19 (1978); and other like authorities. See August 16, 1981, DOJ Memorandum, pp. 362-64. The Department further contended that the mere existence of the vertically integrated Bell System created "suspicions" that would inhibit competition, whether or not the Bell System in fact engaged...
Page 134 - I am grateful for the opportunity to appear before you and the other members of the committee this morning.
Page 442 - ... transmission medium, including all instrumentalities, facilities, apparatus, and services (including the collection, storage, forwarding, switching, and delivery of such information) essential to such transmission. P. "Telecommunications service" means the offering for hire of telecommunications facilities, or of telecommunications by means of such facilities.
Page 65 - information service" as "the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.
Page 153 - TIA's members are located throughout the United States, and collectively provide the bulk of the physical plant and associated products and services used to support and improve the US telecommunications network. In addition, TIA members are involved on an ever-increasing basis in providing telecommunications equipment and services in other developed and developing nations around the world. TIA supports Congressional efforts to ensure that the "line of business...
Page 157 - Again, thank you for the opportunity to appear before the subcommittee. I would be pleased to answer any questions you might have.
Page 197 - Court's administration of the Decree has consistently reflected this flexibility, as evidenced by the substantial modifications ordered in the September 10 Opinion and the broad definition of information gateways adopted in 1988. ' If other conditions underlying the Decree restrictions change, moreover. the procedures prescribed in the Decree ensure that these conditions can be fully considered — as part of a triennial review or otherwise — and the Decree modified as appropriate. By the same...
Page 192 - strategic bottleneck" to which competitors require nondiscriminatory access.* Judge Greene and other courts found that this dual control over the local telephone exchange monopolies and related competitive business gave the Bell Companies both the "ability" and the "incentive" to foreclose competition in the long distance and equipment manufacturing markets through discrimination and cross-subsidization.
Page 197 - ... back pay" and other mandatory injunctive requirements. The courts that enter these decrees are also involved on a continuing basis in the monitoring of and enforcement of the decrees. The foregoing history of the Decree and its application and enforcement reflect a careful balance between encouraging maximum participation by the BOCs in serving the needs of telecommunications consumers, on the one hand, and protecting legitimate and vital competitive interests on the other. The Decree itself...

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