US (United States) Code. Title 47. Chapter 5: Wire or radio communication

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Telegraphs, telephones and radiotelegraphs

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 264 páginas
publicidad
publicidad

-CITE-

47 USC CHAPTER 5 - WIRE OR RADIO COMMUNICATION 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

-MISC1-

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

151. Purposes of chapter; Federal Communications Commission

created.

152. Application of chapter.

153. Definitions.

154. Federal Communications Commission.

(a) Number of commissioners; appointment.

(b) Qualifications.

(c) Terms of office; vacancies.

(d) Compensation of Commission members.

(e) Principal office; special sessions.

(f) Employees and assistants; compensation of

members of Field Engineering and Monitoring

Bureau; use of amateur volunteers for certain

purposes; commercial radio operator

examinations.

(g) Expenditures.

(h) Quorum; seal.

(i) Duties and powers.

(j) Conduct of proceedings; hearings.

(k) Annual reports to Congress.

(l) Record of reports.

(m) Publication of reports; admissibility as

evidence.

(n) Compensation of appointees.

(o) Use of communications in safety of life and

property.

155. Commission.

(a) Chairman; duties; vacancy.

(b) Organization of staff.

(c) Delegation of functions; exceptions to initial

orders; force, effect and enforcement of

orders; administrative and judicial review;

qualifications and compensation of delegates;

assignment of cases; separation of review and

investigative or prosecuting functions;

secretary; seal.

(d) Meetings.

(e) Managing Director; appointment, functions, pay.

156. Authorization of appropriations.

157. New technologies and services.

158. Application fees.

(a) Assessment and collection.

(b) Review and adjustment of Schedule by

Commission; notification to Congress; judicial

review.

(c) Additional application fee; assessment as

penalty; amount; dismissal of application or

other filing.

(d) Inapplicability of application fees to certain

radio services; waiver or deferment of

payment.

(e) Deposit of moneys in general fund;

reimbursement of United States for

administration of chapter.

(f) Rules and regulations.

(g) Schedule of Application Fees.

159. Regulatory fees.

(a) General authority.

(b) Establishment and adjustment of regulatory

fees.

(c) Enforcement.

(d) Waiver, reduction, and deferment.

(e) Deposit of collections.

(f) Regulations.

(g) Schedule.

(h) Exceptions.

(i) Accounting system.

160. Competition in provision of telecommunications

service.

(a) Regulatory flexibility.

(b) Competitive effect to be weighed.

(c) Petition for forbearance.

(d) Limitation.

(e) State enforcement after Commission forbearance.

161. Regulatory reform.

(a) Biennial review of regulations.

(b) Effect of determination.

SUBCHAPTER II - COMMON CARRIERS

PART I - COMMON CARRIER REGULATION

201. Service and charges.

202. Discriminations and preferences.

(a) Charges, services, etc.

(b) Charges or services included.

(c) Penalty.

203. Schedules of charges.

(a) Filing; public display.

(b) Changes in schedule; discretion of Commission

to modify requirements.

(c) Overcharges and rebates.

(d) Rejection or refusal.

(e) Penalty for violations.

204. Hearings on new charges; suspension pending hearing;

refunds; duration of hearing; appeal of order

concluding hearing.

205. Commission authorized to prescribe just and reasonable

charges; penalties for violations.

206. Carriers' liability for damages.

207. Recovery of damages.

208. Complaints to Commission; investigations; duration of

investigation; appeal of order concluding

investigation.

209. Orders for payment of money.

210. Franks and passes; free service to governmental

agencies in connection with national defense.

211. Contracts of carriers; filing with Commission.

212. Interlocking directorates; officials dealing in

securities.

213. Valuation of property of carrier.

(a) Hearing.

(b) Inventory.

(c) Original cost.

(d) Easement, license or franchise.

(e) Improvements; changes in condition.

(f) Additional information; access to records and

data.

(g) State commissions.

214. Extension of lines or discontinuance of service;

certificate of public convenience and necessity.

(a) Exceptions; temporary or emergency service or

discontinuance of service; changes in plant,

operation or equipment.

(b) Notification of Secretary of Defense, Secretary

of State, and State Governor.

(c) Approval or disapproval; injunction.

(d) Order of Commission; hearing; penalty.

(e) Provision of universal service.

215. Examination of transactions relating to furnishing of

services, equipment, etc.; reports to Congress.

(a) Access to records and documents.

(b) Wire telephone and telegraph services.

(c) Exclusive dealing contracts.

216. Receivers and trustees; application of chapter.

217. Agents' acts and omissions; liability of carrier.

218. Management of business; inquiries by Commission.

219. Reports by carriers; contents and requirements

generally.

220. Accounts, records, and memoranda.

(a) Forms.

(b) Depreciation charges.

(c) Access to information; burden of proof; use of

independent auditors.

(d) Penalty for failure to comply.

(e) False entry; destruction; penalty.

(f) Confidentiality of information.

(g) Use of other forms; alterations in prescribed

forms.

(h) Exemption; regulation by State commission.

(i) Consultation with State commissions.

(j) Report to Congress on need for further

legislation.

221. Consolidations and mergers of telephone companies.

(a) Repealed.

(b) State jurisdiction over services.

(c) Determination of property used in interstate

toll service.

(d) Valuation of property.

222. Privacy of customer information.

(a) In general.

(b) Confidentiality of carrier information.

(c) Confidentiality of customer proprietary network

information.

(d) Exceptions.

(e) Subscriber list information.

(f) Authority to use wireless location information.

(g) Subscriber listed and unlisted information for

emergency services.

(h) Definitions.

223. Obscene or harassing telephone calls in the District

of Columbia or in interstate or foreign

communications.

(a) Prohibited acts generally.

(b) Prohibited acts for commercial purposes;

defense to prosecution.

(c) Restriction on access to subscribers by common

carriers; judicial remedies respecting

restrictions.

(d) Sending or displaying offensive material to

persons under 18.

(e) Defenses.

(f) Violations of law required; commercial

entities, nonprofit libraries, or institutions

of higher education.

(g) Application and enforcement of other Federal

law.

(h) Definitions.

224. Pole attachments.

(a) Definitions.

(b) Authority of Commission to regulate rates,

terms, and conditions; enforcement powers;

promulgation of regulations.

(c) State regulatory authority over rates, terms,

and conditions; preemption; certification;

circumstances constituting State regulation.

(d) Determination of just and reasonable rates;

"usable space" defined.

(e) Regulations governing charges; apportionment of

costs of providing space.

(f) Nondiscriminatory access.

(g) Imputation to costs of pole attachment rate.

(h) Modification or alteration of pole, duct,

conduit, or right-of-way.

(i) Costs of rearranging or replacing attachment.

225. Telecommunications services for hearing-impaired and

speech-impaired individuals.

(a) Definitions.

(b) Availability of telecommunications relay

services.

(c) Provision of services.

(d) Regulations.

(e) Enforcement.

(f) Certification.

(g) Complaint.

226. Telephone operator services.

(a) Definitions.

(b) Requirements for providers of operator

services.

(c) Requirements for aggregators.

(d) General rulemaking required.

(e) Separate rulemaking on access and compensation.

(f) Technological capability of equipment.

(g) Fraud.

(h) Determinations of rate compliance.

(i) Statutory construction.

227. Restrictions on use of telephone equipment.

(a) Definitions.

(b) Restrictions on use of automated telephone

equipment.

(c) Protection of subscriber privacy rights.

(d) Technical and procedural standards.

(e) Effect on State law.

(f) Actions by States.

228. Regulation of carrier offering of pay-per-call

services.

(a) Purpose.

(b) General authority for regulations.

(c) Common carrier obligations.

(d) Billing and collection practices.

(e) Liability.

(f) Special provisions.

(g) Effect on other law.

(h) Effect on dial-a-porn prohibitions.

(i) "Pay-per-call services" defined.

229. Communications Assistance for Law Enforcement Act

compliance.

(a) In general.

(b) Systems security and integrity.

(c) Commission review of compliance.

(d) Penalties.

(e) Cost recovery for Communications Assistance for

Law Enforcement Act compliance.

230. Protection for private blocking and screening of

offensive material.

(a) Findings.

(b) Policy.

(c) Protection for "Good Samaritan" blocking and

screening of offensive material.

(d) Obligations of interactive computer service.

(e) Effect on other laws.

(f) Definitions.

231. Restriction of access by minors to materials

commercially distributed by means of World Wide Web

that are harmful to minors.

(a) Requirement to restrict access.

(b) Inapplicability of carriers and other service

providers.

(c) Affirmative defense.

(d) Privacy protection requirements.

(e) Definitions.

PART II - DEVELOPMENT OF COMPETITIVE MARKETS

251. Interconnection.

(a) General duty of telecommunications carriers.

(b) Obligations of all local exchange carriers.

(c) Additional obligations of incumbent local

exchange carriers.

(d) Implementation.

(e) Numbering administration.

(f) Exemptions, suspensions, and modifications.

(g) Continued enforcement of exchange access and

interconnection requirements.

(h) "Incumbent local exchange carrier" defined.

(i) Savings provision.

252. Procedures for negotiation, arbitration, and approval

of agreements.

(a) Agreements arrived at through negotiation.

(b) Agreements arrived at through compulsory

arbitration.

(c) Standards for arbitration.

(d) Pricing standards.

(e) Approval by State commission.

(f) Statements of generally available terms.

(g) Consolidation of State proceedings.

(h) Filing required.

(i) Availability to other telecommunications

carriers.

(j) "Incumbent local exchange carrier" defined.

253. Removal of barriers to entry.

(a) In general.

(b) State regulatory authority.

(c) State and local government authority.

(d) Preemption.

(e) Commercial mobile service providers.

(f) Rural markets.

254. Universal service.

(a) Procedures to review universal service

requirements.

(b) Universal service principles.

(c) Definition.

(d) Telecommunications carrier contribution.

(e) Universal service support.

(f) State authority.

(g) Interexchange and interstate services.

(h) Telecommunications services for certain

providers.

(i) Consumer protection.

(j) Lifeline assistance.

(k) Subsidy of competitive services prohibited.

(l) Internet safety policy requirement for schools

and libraries.

255. Access by persons with disabilities.

(a) Definitions.

(b) Manufacturing.

(c) Telecommunications services.

(d) Compatibility.

(e) Guidelines.

(f) No additional private rights authorized.

256. Coordination for interconnectivity.

(a) Purpose.

(b) Commission functions.

(c) Commission's authority.

(d) "Public telecommunications network

interconnectivity" defined.

257. Market entry barriers proceeding.

(a) Elimination of barriers.

(b) National policy.

(c) Periodic review.

258. Illegal changes in subscriber carrier selections.

(a) Prohibition.

(b) Liability for charges.

259. Infrastructure sharing.

(a) Regulations required.

(b) Terms and conditions of regulations.

(c) Information concerning deployment of new

services and equipment.

(d) "Qualifying carrier" defined.

260. Provision of telemessaging service.

(a) Nondiscrimination safeguards.

(b) Expedited consideration of complaints.

(c) "Telemessaging service" defined.

261. Effect on other requirements.

(a) Commission regulations.

(b) Existing State regulations.

(c) Additional State requirements.

PART III - SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES

271. Bell operating company entry into interLATA services.

(a) General limitation.

(b) InterLATA services to which this section

applies.

(c) Requirements for providing certain in-region

interLATA services.

(d) Administrative provisions.

(e) Limitations.

(f) Exception for previously authorized activities.

(g) "Incidental interLATA services" defined.

(h) Limitations.

(i) Additional definitions.

(j) Certain service applications treated as

in-region service applications.

272. Separate affiliate; safeguards.

(a) Separate affiliate required for competitive

activities.

(b) Structural and transactional requirements.

(c) Nondiscrimination safeguards.

(d) Biennial audit.

(e) Fulfillment of certain requests.

(f) Sunset.

(g) Joint marketing.

(h) Transition.

273. Manufacturing by Bell operating companies.

(a) Authorization.

(b) Collaboration; research and royalty agreements.

(c) Information requirements.

(d) Manufacturing limitations for standard-setting

organizations.

(e) Bell operating company equipment procurement

and sales.

(f) Administration and enforcement authority.

(g) Additional rules and regulations.

(h) "Manufacturing" defined.

274. Electronic publishing by Bell operating companies.

(a) Limitations.

(b) Separated affiliate or electronic publishing

joint venture requirements.

(c) Joint marketing.

(d) Bell operating company requirement.

(e) Private right of action.

(f) Separated affiliate reporting requirement.

(g) Effective dates.

(h) "Electronic publishing" defined.

(i) Additional definitions.

275. Alarm monitoring services.

(a) Delayed entry into alarm monitoring.

(b) Nondiscrimination.

(c) Expedited consideration of complaints.

(d) Use of data.

(e) "Alarm monitoring service" defined.

276. Provision of payphone service.

(a) Nondiscrimination safeguards.

(b) Regulations.

(c) State preemption.

(d) "Payphone service" defined.

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

PART I - GENERAL PROVISIONS

301. License for radio communication or transmission of

energy.

302. Repealed.

302a. Devices which interfere with radio reception.

(a) Regulations.

(b) Restrictions.

(c) Exceptions.

(d) Cellular telecommunications receivers.

(e) Delegation of equipment testing and

certification to private laboratories.

(f) State and local enforcement of FCC regulations

on use of citizens band radio equipment.

303. Powers and duties of Commission.

303a. Standards for children's television programming.

(a) Establishment.

(b) Advertising duration limitations.

(c) Review of advertising duration limitations;

modification.

(d) "Commercial television broadcast licensee"

defined.

303b. Consideration of children's television service in

broadcast license renewal.

303c. Television program improvement.

(a) Short title.

(b) Definitions.

(c) Exemption.

(d) Limitations.

304. Waiver by license of claims to particular frequency or

of electromagnetic spectrum.

305. Government owned stations.

(a) Frequencies; compliance with regulations;

stations on vessels.

(b) Call letters.

(c) Stations operated by foreign governments.

306. Foreign ships; application of section 301.

307. Licenses.

(a) Grant.

(b) Allocation of facilities.

(c) Terms of licenses.

(d) Renewals.

(e) Operation of certain radio stations without

individual licenses.

308. Requirements for license.

(a) Writing; exceptions.

(b) Conditions.

(c) Commercial communication.

(d) Summary of complaints.

309. Application for license.

(a) Considerations in granting application.

(b) Time of granting application.

(c) Applications not affected by subsection (b).

(d) Petition to deny application; time; contents;

reply; findings.

(e) Hearings; intervention; evidence; burden of

proof.

(f) Temporary authorization of temporary operations

under subsection (b).

(g) Classification of applications.

(h) Form and conditions of station licenses.

(i) Random selection.

(j) Use of competitive bidding.

(k) Broadcast station renewal procedures.

(l) Applicability of competitive bidding to pending

comparative licensing cases.

310. License ownership restrictions.

(a) Grant to or holding by foreign government or

representative.

(b) Grant to or holding by alien or representative,

foreign corporation, etc.

(c) Authorization for aliens licensed by foreign

governments; multilateral or bilateral

agreement to which United States and foreign

country are parties as prerequisite.

(d) Assignment and transfer of construction permit

or station license.

(e) Administration of regional concentration rules

for broadcast stations.

311. Requirements as to certain applications in

broadcasting service.

(a) Notices of filing and hearing; form and

contents.

(b) Place of hearing.

(c) Agreement between two or more applicants;

approval of Commission; pendency of

application.

(d) License for operation of station; agreement to

withdraw application; approval of Commission.

312. Administrative sanctions.

(a) Revocation of station license or construction

permit.

(b) Cease and desist orders.

(c) Order to show cause.

(d) Burden of proof.

(e) Procedure for issuance of cease and desist

order.

(f) "Willful" and "repeated" defined.

(g) Limitation on silent station authorizations.

312a. Revocation of operator's license used in unlawful

distribution of controlled substances.

313. Application of antitrust laws to manufacture, sale,

and trade in radio apparatus.

(a) Revocation of licenses.

(b) Refusal of licenses and permits.

314. Competition in commerce; preservation.

315. Candidates for public office.

(a) Equal opportunities requirement; censorship

prohibition; allowance of station use; news

appearances exception; public interest; public

issues discussion opportunities.

(b) Charges.

(c) Definitions.

(d) Rules and regulations.

(e) Political record.

316. Modification by Commission of station licenses or

construction permits; burden of proof.

317. Announcement of payment for broadcast.

(a) Disclosure of person furnishing.

(b) Disclosure to station of payments.

(c) Acquiring information from station employees.

(d) Waiver of announcement.

(e) Rules and regulations.

318. Transmitting apparatus; operator's license.

319. Construction permits.

(a) Requirements.

(b) Time limitation; forfeiture.

(c) Licenses for operation.

(d) Government, amateur, or mobile station; waiver.

320. Stations liable to interfere with distress signals;

designation and regulation.

321. Distress signals and communications; equipment on

vessels; regulations.

322. Exchanging radio communications between land and ship

stations and from ship to ship.

323. Interference between Government and commercial

stations.

324. Use of minimum power.

325. False, fraudulent, or unauthorized transmissions.

(a) False distress signals; rebroadcasting

programs.

(b) Consent to retransmission of broadcasting

station signals.

(c) Broadcast to foreign countries for rebroadcast

to United States; permit.

(d) Application for permit.

(e) Enforcement proceedings against satellite

carriers concerning retransmissions of

television broadcast stations in the

respective local markets of such carriers.

326. Censorship.

327. Naval stations; use for commercial messages; rates.

328. Repealed.

329. Administration of radio laws in Territories and

possessions.

330. Prohibition against shipment of certain television

receivers.

331. Very high frequency stations and AM radio stations.

(a) Very high frequency stations.

(b) AM radio stations.

332. Mobile services.

(a) Factors which Commission must consider.

(b) Advisory coordinating committees.

(c) Regulatory treatment of mobile services.

(d) Definitions.

333. Willful or malicious interference.

334. Limitation on revision of equal employment opportunity

regulations.

(a) Limitation.

(b) Midterm review.

(c) Authority to make technical revisions.

335. Direct broadcast satellite service obligations.

(a) Proceeding required to review DBS

responsibilities.

(b) Carriage obligations for noncommercial,

educational, and informational programming.

336. Broadcast spectrum flexibility.

(a) Commission action.

(b) Contents of regulations.

(c) Recovery of license.

(d) Public interest requirement.

(e) Fees.

(f) Preservation of low-power community television

broadcasting.

(g) Evaluation.

(h) Provision of digital data service by low-power

television stations.

(i) Definitions.

337. Allocation and assignment of new public safety

services licenses and commercial licenses.

(a) In general.

(b) Assignment.

(c) Licensing of unused frequencies for public

safety services.

(d) Conditions on licenses.

(e) Removal and relocation of incumbent broadcast

licensees.

(f) Definitions.

338. Carriage of local television signals by satellite

carriers.

(a) Carriage obligations.

(b) Good signal required.

(c) Duplication not required.

(d) Channel positioning.

(e) Compensation for carriage.

(f) Remedies.

(g) Regulations by Commission.

(h) Definitions.

339. Carriage of distant television stations by satellite

carriers.

(a) Provisions relating to carriage of distant

signals.

(b) Extension of network nonduplication, syndicated

exclusivity, and sports blackout to satellite

retransmission.

(c) Eligibility for retransmission.

(d) Definitions.

PART II - RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP

351. Ship radio stations and operations.

352. Exemptions.

(a) Vessels excepted.

(b) Radio station unreasonable or unnecessary.

(c) Unforeseeable equipment failures.

(d) Radio direction finding apparatus unreasonable

or unnecessary.

353. Radio equipment and operators.

(a) Two radio officers required.

(b) One radio officer required.

(c) Required watches.

(d) Hours of watch.

(e) Operational status of auto alarms in open sea.

353a. Operators and watches on radiotelephone equipped

ships.

354. Technical requirements of equipment on radiotelegraph

equipped ships.

354a. Technical requirements of equipment on radiotelephone

equipped ships.

355. Survival craft.

356. Approval of installations by Commission.

357. Safety information.

(a) Transmission of information concerning safety

at sea.

(b) Charges for transmission of safety information.

(c) Reimbursement by Commission.

(d) Charges for transmission of distress messages.

(e) Free services.

358. Master's control over operations.

359. Certificates of compliance; issuance, modification,

and cancellation.

360. Station licenses; inspection of equipment by

Commission.

361. Control by Commission; review of decisions.

362. Forfeitures; recovery.

363. Automated ship distress and safety systems.

PART III - RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS FOR

HIRE

381. Vessels transporting more than six passengers for hire

required to be equipped with radiotelephone.

382. Vessels excepted from radiotelephone requirement.

383. Exemptions by Commission.

384. Authority of Commission; operations, installations,

and additional equipment.

385. Inspections.

386. Forfeitures.

PART IV - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC

TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS;

CORPORATION FOR PUBLIC BROADCASTING; GENERAL PROVISIONS

SUBPART A - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC

TELECOMMUNICATIONS FACILITIES

390. Declaration of purpose.

391. Authorization of appropriations.

392. Grants for construction.

(a) Applications for grants.

(b) Amount of grant.

(c) Information and assurances.

(d) Studies.

(e) Rules and regulations.

(f) Minorities and women.

(g) Recovering funds.

(h) Recordkeeping requirements.

(i) Accessibility of records.

392a. Repealed.

393. Criteria for approval and expenditures by Secretary.

(a) Construction and planning grants.

(b) Basis for determination.

(c) Noncommercial radio broadcast station

facilities.

393a. Long-range planning for facilities.

SUBPART B - NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL

TELEVISION

394. Establishment of National Endowment.

(a) Purpose.

(b) Establishment; contracts and grants.

(c) Criteria for contracts and grants; applications

for contracts and grants.

(d) Amount of grants.

(e) Advisory Council on Children's Educational

Television.

(f) Recordkeeping relating to grants; audits.

(g) Issuance of rules and regulations.

(h) Authorization of appropriations; availability.

(i) Definitions.

SUBPART C - TELECOMMUNICATIONS DEMONSTRATIONS

395. Assistance for demonstration projects.

(a) Authorization for grants and contracts.

(b) Application approval.

(c) Contract with applicant.

(d) Use of funds.

(e) "Nonbroadcast telecommunications facilities"

defined.

(f) Funding.

(g) Summary and evaluation.

(h) Recordkeeping requirements; accessibility.

(i) Rules and regulations.

(j) Assistance.

(k) Authorization of appropriations.

SUBPART D - CORPORATION FOR PUBLIC BROADCASTING

396. Corporation for Public Broadcasting.

(a) Congressional declaration of policy.

(b) Establishment of Corporation; application of

District of Columbia Nonprofit Corporation

Act.

(c) Board of Directors; functions, duties, etc.

(d) Election of Chairman and Vice Chairman;

compensation of Board members.

(e) Officers and employees; term of office,

compensation, qualifications, and removal;

political party affiliation, political test or

qualification when taking personnel actions.

(f) Nonprofit and nonpolitical nature of

Corporation.

(g) Purposes and activities of Corporation; powers

under District of Columbia Nonprofit

Corporation Act.

(h) Free or reduced rate interconnection service;

access to facilities.

(i) Report to Congress.

(j) Repeal, alteration, or amendment.

(k) Financing restrictions.

(l) Financial management and records.

(m) Needs of minorities and other groups.

SUBPART E - GENERAL PROVISIONS

397. Definitions.

398. Federal interference or control.

(a) Prohibition.

(b) Equal opportunity employment.

(c) Control over content or distribution of

programs.

399. Support of political candidates prohibited.

399a. Use of business or institutional logograms.

(a) "Business or institutional logogram" defined.

(b) Permitted uses.

(c) Authority of Commission not limited.

399b. Offering of certain services, facilities, or products

by public broadcast station.

(a) "Advertisement" defined.

(b) Offering of services, facilities, or products

permitted; advertisements prohibited.

(c) Use of funds from offering services, etc.

(d) Development of accounting system.

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

401. Enforcement provisions.

(a) Jurisdiction.

(b) Orders of Commission.

(c) Duty to prosecute.

402. Judicial review of Commission's orders and decisions.

(a) Procedure.

(b) Right to appeal.

(c) Filing notice of appeal; contents;

jurisdiction; temporary orders.

(d) Notice to interested parties; filing of record.

(e) Intervention.

(f) Records and briefs.

(g) Time of hearing; procedure.

(h) Remand.

(i) Judgment for costs.

(j) Finality of decision; review by Supreme Court.

403. Inquiry by Commission on its own motion.

404. Reports of investigations.

405. Petition for reconsideration; procedure; disposition;

time of filing; additional evidence; time for

disposition of petition for reconsideration of order

concluding hearing or investigation; appeal of order.

406. Compelling furnishing of facilities; mandamus;

jurisdiction.

407. Order for payment of money; petition for enforcement;

procedure; order of Commission as prima facie

evidence; costs; attorneys' fees.

408. Order not for payment of money; when effective.

409. Hearings.

(a) Filing of initial decisions; exceptions.

(b) Exceptions to initial decisions; memoranda;

determination of Commission or authority

within Commission; prohibition against

consideration of own decision.

(c) Notice and opportunity for participation by

parties; applicability of administrative

procedure provisions.

(d) Applicability of administrative procedure

provisions.

(e) Subpenas; witnesses; production of documents;

fees and mileage.

(f) Designated place of hearing; aid in enforcement

of orders.

(g) Contempts.

(h) Depositions.

(i) Oaths; testimony in writing.

(j) Foreign depositions.

(k) Deposition fees.

(l) Repealed.

(m) Penalties.

410. Joint boards and commissions.

(a) State joint boards; reference of communication

matters; composition; jurisdiction, powers,

duties, and obligations; conduct of

proceedings; force and effect of joint board

action; members: nomination, appointment, and

rejection; allowances for expenses.

(b) State commissions; conferences with Commission

regarding matters of carriers subject to their

jurisdiction; joint hearings; cooperation with

Commission.

(c) Federal-State Joint Board; reference of

proceedings regarding jurisdictional

separation of common carrier property and

expenses between interstate and intrastate

operations and other matters relating to

common carrier communications of joint

concern; jurisdiction, powers, duties, and

obligations; recommendation of decisions;

State members; presence at oral arguments and

nonvoting participation in deliberations;

composition; Chairman.

411. Joinder of parties.

412. Documents filed with Commission as public records;

prima facie evidence; confidential records.

413. Designation of agent for service; method of service.

414. Exclusiveness of chapter.

415. Limitations of actions.

(a) Recovery of charges by carrier.

(b) Recovery of damages.

(c) Recovery of overcharges.

(d) Extension.

(e) Accrual of cause of action for transmission of

message.

(f) Enforcement petition.

(g) "Overcharges" defined.

416. Orders of Commission.

(a) Service.

(b) Suspension or modification.

(c) Compliance.

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

501. General penalty.

502. Violation of rules, regulations, etc.

503. Forfeitures.

(a) Rebates and offsets.

(b) Activities constituting violations authorizing

imposition of forfeiture penalty; amount of

penalty; procedures applicable; persons

subject to penalty; liability exemption

period.

504. Forfeitures.

(a) Recovery.

(b) Remission and mitigation.

(c) Use of notice of apparent liability.

505. Venue of trials.

506. Repealed.

507. Violation of Great Lakes Agreement.

508. Disclosure of payments to individuals connected with

broadcasts.

(a) Payments to station employees.

(b) Production or preparation of programs.

(c) Supplying of program or program matter.

(d) Waiver of announcements under section 317(d).

(e) Announcement under section 317 as sufficient

disclosure.

(f) "Service or other valuable consideration"

defined.

(g) Penalties.

509. Prohibited practices in contests of knowledge, skill,

or chance.

(a) Influencing, prearranging, or predetermining

outcome.

(b) "Contest" and "the listening or viewing public"

defined.

(c) Penalties.

510. Forfeiture of communications devices.

(a) Violation with willful and knowing intent.

(b) Seizure.

(c) Laws applicable to seizure and forfeiture.

(d) Disposition of forfeited property.

SUBCHAPTER V-A - CABLE COMMUNICATIONS

PART I - GENERAL PROVISIONS

521. Purposes.

522. Definitions.

PART II - USE OF CABLE CHANNELS AND CABLE OWNERSHIP RESTRICTIONS

531. Cable channels for public, educational, or

governmental use.

(a) Authority to establish requirements with

respect to designation or use of channel

capacity.

(b) Authority to require designation for public,

educational, or governmental use.

(c) Enforcement authority.

(d) Promulgation of rules and procedures.

(e) Editorial control by cable operator.

(f) "Institutional network" defined.

532. Cable channels for commercial use.

(a) Purpose.

(b) Designation of channel capacity for commercial

use.

(c) Use of channel capacity by unaffiliated

persons; editorial control; restriction on

service; rules on rates, terms, and

conditions.

(d) Right of action in district court; relief;

factors not to be considered by court.

(e) Petition to Commission; relief.

(f) Presumption of reasonableness and good faith.

(g) Promulgation of rules.

(h) Cable service unprotected by Constitution.

(i) Programming from qualified minority or

educational programming sources.

(j) Single channel access to indecent programming.

533. Ownership restrictions.

(a) Cable operator holding license for multichannel

distribution or offering satellite service.

(b) Repealed.

(c) Promulgation of rules.

(d) Regulation of ownership by States or

franchising authorities.

(e) Holding of ownership interests or exercise of

editorial control by States or franchising

authorities.

(f) Enhancement of effective competition.

(g) Combination of interests under prior law.

(h) "Media of mass communications" defined.

534. Carriage of local commercial television signals.

(a) Carriage obligations.

(b) Signals required.

(c) Low power station carriage obligation.

(d) Remedies.

(e) Input selector switch rules abolished.

(f) Regulations by Commission.

(g) Sales presentations and program length

commercials.

(h) Definitions.

535. Carriage of noncommercial educational television.

(a) Carriage obligations.

(b) Requirements to carry qualified stations.

(c) Continued carriage of existing stations.

(d) Placement of additional signals.

(e) Systems with more than 36 channels.

(f) Waiver of nonduplication rights.

(g) Conditions of carriage.

(h) Availability of signals.

(i) Payment for carriage prohibited.

(j) Remedies.

(k) Identification of signals.

(l) Definitions.

536. Regulation of carriage agreements.

(a) Regulations.

(b) "Video programming vendor" defined.

537. Sales of cable systems.

PART III - FRANCHISING AND REGULATION

541. General franchise requirements.

(a) Authority to award franchises; public

rights-of-way and easements; equal access to

service; time for provision of service;

assurances.

(b) No cable service without franchise; exception

under prior law.

(c) Status of cable system as common carrier or

utility.

(d) Informational tariffs; regulation by States;

"State" defined.

(e) State regulation of facilities serving

subscribers in multiple dwelling units.

(f) Local or municipal authority as multichannel

video programming distributor.

542. Franchise fees.

(a) Payment under terms of franchise.

(b) Amount of fees per annum.

(c) Itemization of subscriber bills.

(d) Court actions; reflection of costs in rate

structures.

(e) Decreases passed through to subscribers.

(f) Itemization of franchise fee in bill.

(g) "Franchise fee" defined.

(h) Uncompensated services; taxes, fees and other

assessments; limitation on fees.

(i) Regulatory authority of Federal agencies.

543. Regulation of rates.

(a) Competition preference; local and Federal

regulation.

(b) Establishment of basic service tier rate

regulations.

(c) Regulation of unreasonable rates.

(d) Uniform rate structure required.

(e) Discrimination; services for the hearing

impaired.

(f) Negative option billing prohibited.

(g) Collection of information.

(h) Prevention of evasions.

(i) Small system burdens.

(j) Rate regulation agreements.

(k) Reports on average prices.

(l) Definitions.

(m) Special rules for small companies.

(n) Treatment of prior year losses.

544. Regulation of services, facilities, and equipment.

(a) Regulation by franchising authority.

(b) Requests for proposals; establishment and

enforcement of requirements.

(c) Enforcement authority respecting franchises

effective under prior law.

(d) Cable service unprotected by Constitution;

blockage of premium channel upon request.

(e) Technical standards.

(f) Limitation on regulatory powers of Federal

agencies, States, or franchising authorities;

exceptions.

(g) Access to emergency information.

(h) Notice of changes in and comments on services.

(i) Disposition of cable upon termination of

service.

544a. Consumer electronics equipment compatibility.

(a) Findings.

(b) Compatible interfaces.

(c) Rulemaking requirements.

(d) Review of regulations.

545. Modification of franchise obligations.

(a) Grounds for modification by franchising

authority; public proceeding; time of

decision.

(b) Judicial proceedings; grounds for modification

by court.

(c) Rearrangement, replacement, or removal of

service.

(d) Rearrangement of particular services from one

service tier to another or other offering of

service.

(e) Requirements for services relating to public,

educational, or governmental access.

(f) "Commercially impracticable" defined.

546. Renewal.

(a) Commencement of proceedings; public notice and

participation.

(b) Submission of renewal proposals; contents;

time.

(c) Notice of proposal; renewal; preliminary

assessment of nonrenewal; administrative

review; issues; notice and opportunity for

hearing; transcript; written decision.

(d) Basis for denial.

(e) Judicial review; grounds for relief.

(f) Finality of administrative decision.

(g) "Franchise expiration" defined.

(h) Alternative renewal procedures.

(i) Effect of renewal procedures upon action to

revoke franchise for cause.

547. Conditions of sale.

548. Development of competition and diversity in video

programming distribution.

(a) Purpose.

(b) Prohibition.

(c) Regulations required.

(d) Adjudicatory proceeding.

(e) Remedies for violations.

(f) Procedures.

(g) Reports.

(h) Exemptions for prior contracts.

(i) Definitions.

(j) Common carriers.

549. Competitive availability of navigation devices.

(a) Commercial consumer availability of equipment

used to access services provided by

multichannel video programming distributors.

(b) Protection of system security.

(c) Waiver.

(d) Avoidance of redundant regulations.

(e) Sunset.

(f) Commission's authority.

PART IV - MISCELLANEOUS PROVISIONS

551. Protection of subscriber privacy.

(a) Notice to subscriber regarding personally

identifiable information; definitions.

(b) Collection of personally identifiable

information using cable system.

(c) Disclosure of personally identifiable

information.

(d) Subscriber access to information.

(e) Destruction of information.

(f) Civil action in United States district court;

damages; attorney's fees and costs;

nonexclusive nature of remedy.

(g) Regulation by States or franchising

authorities.

(h) Disclosure of information to governmental

entity pursuant to court order.

552. Consumer protection and customer service.

(a) Franchising authority enforcement.

(b) Commission standards.

(c) Subscriber notice.

(d) Consumer protection laws and consumer service

agreements.

553. Unauthorized reception of cable service.

(a) Unauthorized interception or receipt or

assistance in intercepting or receiving

service; "assist in intercepting or receiving"

defined.

(b) Penalties for willful violation.

(c) Civil action in district court; injunctions;

damages; attorney's fees and costs; regulation

by States or franchising authorities.

554. Equal employment opportunity.

(a) Entities within scope of coverage.

(b) Discrimination prohibited.

(c) Equal opportunity programs; establishment;

maintenance; execution; terms.

(d) Revision of rules; required provisions; annual

statistical report; notice and comment on

amendments.

(e) Annual certification of compliance; periodic

investigation of employment practices.

(f) Substantial failure to comply; penalties;

notice to public and franchising authorities.

(g) Discrimination complaints; investigation;

enforcement.

(h) "Cable operator" defined; owners of multiple

unit dwellings.

(i) Regulatory powers of States and franchising

authorities; nonexclusive nature of remedies

and enforcement provisions; covered

franchises.

555. Judicial proceedings.

(a) Actions to review determinations by franchising

authorities.

(b) Available relief.

(c) Review of constitutionality of sections 534 and

535.

555a. Limitation of franchising authority liability.

(a) Suits for damages prohibited.

(b) Exception for completed cases.

(c) Discrimination claims permitted.

(d) Rule of construction.

556. Coordination of Federal, State, and local authority.

(a) Regulation by States, political subdivisions,

State and local agencies, and franchising

authorities.

(b) State jurisdiction with regard to cable

services.

(c) Preemption.

(d) "State" defined.

557. Existing franchises.

558. Criminal and civil liability.

559. Obscene programming.

560. Scrambling of cable channels for nonsubscribers.

(a) Subscriber request.

(b) "Scramble" defined.

561. Scrambling of sexually explicit adult video service

programming.

(a) Requirement.

(b) Implementation.

(c) "Scramble" defined.

PART V - VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES

571. Regulatory treatment of video programming services.

(a) Limitations on cable regulation.

(b) Limitations on interconnection obligations.

(c) Additional regulatory relief.

572. Prohibition on buy outs.

(a) Acquisitions by carriers.

(b) Acquisitions by cable operators.

(c) Joint ventures.

(d) Exceptions.

(e) "Telephone service area" defined.

573. Establishment of open video systems.

(a) Open video systems.

(b) Commission actions.

(c) Reduced regulatory burdens for open video

systems.

(d) "Telephone service area" defined.

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

601. Interstate Commerce Commission and Postmaster General;

duties, powers, and functions transferred to

Commission.

602, 603. Repealed.

604. Effect of transfer.

(a) Orders, determinations, rules, regulations,

permits, contracts, licenses, and privileges.

(b) Availability of records.

605. Unauthorized publication or use of communications.

(a) Practices prohibited.

(b) Exceptions.

(c) Scrambling of Public Broadcasting Service

programming.

(d) Definitions.

(e) Penalties; civil actions; remedies; attorney's

fees and costs; computation of damages;

regulation by State and local authorities.

(f) Rights, obligations, and liabilities under

other laws unaffected.

(g) Universal encryption standard.

(h) Rulemaking for encryption standard.

606. War powers of President.

(a) Priority communications.

(b) Obstruction of interstate or foreign

communications.

(c) Suspension or amendment of rules and

regulations applicable to certain emission

stations or devices.

(d) Suspension or amendment of rules and

regulations applicable to wire communications;

closing of facilities; Government use of

facilities.

(e) Compensation.

(f) Affect on State laws and powers.

(g) Limitations upon Presidential power.

(h) Penalties.

607. Effective date of chapter.

608. Separability.

609. Short title.

610. Telephone service for disabled.

(a) Establishment of regulations.

(b) Hearing aid compatibility requirements.

(c) Technical standards.

(d) Labeling of packaging materials for equipment.

(e) Costs and benefits; encouragement of use of

currently available technology.

(f) Periodic review of regulations; retrofitting.

(g) Recovery of reasonable and prudent costs.

(h) State enforcement.

611. Closed-captioning of public service announcements.

612. Syndicated exclusivity.

613. Video programming accessibility.

(a) Commission inquiry.

(b) Accountability criteria.

(c) Deadlines for captioning.

(d) Exemptions.

(e) Undue burden.

(f) Video descriptions inquiry.

(g) Video description.

(h) Private rights of actions prohibited.

614. Telecommunications Development Fund.

(a) Purpose of section.

(b) Establishment of Fund.

(c) Board of Directors.

(d) Accounts of Fund.

(e) Use of Fund.

(f) Lending and credit operations.

(g) Return of advances.

(h) General corporate powers.

(i) Accounting, auditing, and reporting.

(j) Report on audits by Treasury.

(k) Definitions.

615. Support for universal emergency telephone number.

615a. Parity of protection for provision or use of wireless

service.

(a) Provider parity.

(b) User parity.

(c) PSAP parity.

(d) Basis for enactment.

615b. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 15, 312a, 702, 721, 741,

765, 765b, 921, 923, 925, 926, 1108 of this title; title 7 section

923; title 15 sections 44, 79z-5c, 5625, 5656; title 17 section

119; title 18 section 2511; title 22 section 1465bb; title 40

section 17708; title 41 sections 43, 356; title 49 section 70117.

-End-

-CITE-

47 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

47 USC Sec. 151 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 151. Purposes of chapter; Federal Communications Commission

created

-STATUTE-

For the purpose of regulating interstate and foreign commerce in

communication by wire and radio so as to make available, so far as

possible, to all the people of the United States, without

discrimination on the basis of race, color, religion, national

origin, or sex, a rapid, efficient, Nation-wide, and world-wide

wire and radio communication service with adequate facilities at

reasonable charges, for the purpose of the national defense, for

the purpose of promoting safety of life and property through the

use of wire and radio communications, and for the purpose of

securing a more effective execution of this policy by centralizing

authority heretofore granted by law to several agencies and by

granting additional authority with respect to interstate and

foreign commerce in wire and radio communication, there is created

a commission to be known as the "Federal Communications

Commission", which shall be constituted as hereinafter provided,

and which shall execute and enforce the provisions of this chapter.

-SOURCE-

(June 19, 1934, ch. 652, title I, Sec. 1, 48 Stat. 1064; May 20,

1937, ch. 229, Sec. 1, 50 Stat. 189; Pub. L. 104-104, title I, Sec.

104, Feb. 8, 1996, 110 Stat. 86.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as

amended, known as the Communications Act of 1934, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see section 609 of this title and Tables.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-104 inserted ", without discrimination on the

basis of race, color, religion, national origin, or sex," after "to

all the people of the United States".

1937 - Act May 20, 1937, inserted "for the purpose of promoting

safety of life and property through the use of wire and radio

communication".

MORATORIUM ON INTERNET TAXES

Pub. L. 105-277, div. C, title XI, Oct. 21, 1998, 112 Stat.

2681-719, as amended by Pub. L. 107-75, Sec. 2, Nov. 28, 2001, 115

Stat. 703, provided that:

"SEC. 1100. SHORT TITLE.

"This title may be cited as the 'Internet Tax Freedom Act'.

"SEC. 1101. MORATORIUM.

"(a) Moratorium. - No State or political subdivision thereof

shall impose any of the following taxes during the period beginning

on October 1, 1998, and ending on November 1, 2003 -

"(1) taxes on Internet access, unless such tax was generally

imposed and actually enforced prior to October 1, 1998; and

"(2) multiple or discriminatory taxes on electronic commerce.

"(b) Preservation of State and Local Taxing Authority. - Except

as provided in this section, nothing in this title shall be

construed to modify, impair, or supersede, or authorize the

modification, impairment, or superseding of, any State or local law

pertaining to taxation that is otherwise permissible by or under

the Constitution of the United States or other Federal law and in

effect on the date of enactment of this Act [Oct. 21, 1998].

"(c) Liabilities and Pending Cases. - Nothing in this title

affects liability for taxes accrued and enforced before the date of

enactment of this Act, nor does this title affect ongoing

litigation relating to such taxes.

"(d) Definition of Generally Imposed and Actually Enforced. - For

purposes of this section, a tax has been generally imposed and

actually enforced prior to October 1, 1998, if, before that date,

the tax was authorized by statute and either -

"(1) a provider of Internet access services had a reasonable

opportunity to know by virtue of a rule or other public

proclamation made by the appropriate administrative agency of the

State or political subdivision thereof, that such agency has

interpreted and applied such tax to Internet access services; or

"(2) a State or political subdivision thereof generally

collected such tax on charges for Internet access.

"(e) Exception to Moratorium. -

"(1) In general. - Subsection (a) shall also not apply in the

case of any person or entity who knowingly and with knowledge of

the character of the material, in interstate or foreign commerce

by means of the World Wide Web, makes any communication for

commercial purposes that is available to any minor and that

includes any material that is harmful to minors unless such

person or entity has restricted access by minors to material that

is harmful to minors -

"(A) by requiring use of a credit card, debit account, adult

access code, or adult personal identification number;

"(B) by accepting a digital certificate that verifies age; or

"(C) by any other reasonable measures that are feasible under

available technology.

"(2) Scope of exception. - For purposes of paragraph (1), a

person shall not be considered to [be] making a communication for

commercial purposes of material to the extent that the person is

-

"(A) a telecommunications carrier engaged in the provision of

a telecommunications service;

"(B) a person engaged in the business of providing an

Internet access service;

"(C) a person engaged in the business of providing an

Internet information location tool; or

"(D) similarly engaged in the transmission, storage,

retrieval, hosting, formatting, or translation (or any

combination thereof) of a communication made by another person,

without selection or alteration of the communication.

"(3) Definitions. - In this subsection:

"(A) By means of the world wide web. - The term 'by means of

the World Wide Web' means by placement of material in a

computer server-based file archive so that it is publicly

accessible, over the Internet, using hypertext transfer

protocol, file transfer protocol, or other similar protocols.

"(B) Commercial purposes; engaged in the business. -

"(i) Commercial purposes. - A person shall be considered to

make a communication for commercial purposes only if such

person is engaged in the business of making such

communications.

"(ii) Engaged in the business. - The term 'engaged in the

business' means that the person who makes a communication, or

offers to make a communication, by means of the World Wide

Web, that includes any material that is harmful to minors,

devotes time, attention, or labor to such activities, as a

regular course of such person's trade or business, with the

objective of earning a profit as a result of such activities

(although it is not necessary that the person make a profit

or that the making or offering to make such communications be

the person's sole or principal business or source of income).

A person may be considered to be engaged in the business of

making, by means of the World Wide Web, communications for

commercial purposes that include material that is harmful to

minors, only if the person knowingly causes the material that

is harmful to minors to be posted on the World Wide Web or

knowingly solicits such material to be posted on the World

Wide Web.

"(C) Internet. - The term 'Internet' means collectively the

myriad of computer and telecommunications facilities, including

equipment and operating software, which comprise the

interconnected world-wide network of networks that employ the

Transmission Control Protocol/Internet Protocol, or any

predecessor or successor protocols to such protocol, to

communicate information of all kinds by wire or radio.

"(D) Internet access service. - The term 'Internet access

service' means a service that enables users to access content,

information, electronic mail, or other services offered over

the Internet and may also include access to proprietary

content, information, and other services as part of a package

of services offered to consumers. Such term does not include

telecommunications services.

"(E) Internet information location tool. - The term 'Internet

information location tool' means a service that refers or links

users to an online location on the World Wide Web. Such term

includes directories, indices, references, pointers, and

hypertext links.

"(F) Material that is harmful to minors. - The term 'material

that is harmful to minors' means any communication, picture,

image, graphic image file, article, recording, writing, or

other matter of any kind that is obscene or that -

"(i) the average person, applying contemporary community

standards, would find, taking the material as a whole and

with respect to minors, is designed to appeal to, or is

designed to pander to, the prurient interest;

"(ii) depicts, describes, or represents, in a manner

patently offensive with respect to minors, an actual or

simulated sexual act or sexual contact, an actual or

simulated normal or perverted sexual act, or a lewd

exhibition of the genitals or post-pubescent female breast;

and

"(iii) taken as a whole, lacks serious literary, artistic,

political, or scientific value for minors.

"(G) Minor. - The term 'minor' means any person under 17

years of age.

"(H) Telecommunications carrier; telecommunications service.

- The terms 'telecommunications carrier' and

'telecommunications service' have the meanings given such terms

in section 3 of the Communications Act of 1934 (47 U.S.C. 153).

"(f) Additional Exception to Moratorium. -

"(1) In general. - Subsection (a) shall also not apply with

respect to an Internet access provider, unless, at the time of

entering into an agreement with a customer for the provision of

Internet access services, such provider offers such customer

(either for a fee or at no charge) screening software that is

designed to permit the customer to limit access to material on

the Internet that is harmful to minors.

"(2) Definitions. - In this subsection:

"(A) Internet access provider. - The term 'Internet access

provider' means a person engaged in the business of providing a

computer and communications facility through which a customer

may obtain access to the Internet, but does not include a

common carrier to the extent that it provides only

telecommunications services.

"(B) Internet access services. - The term 'Internet access

services' means the provision of computer and communications

services through which a customer using a computer and a modem

or other communications device may obtain access to the

Internet, but does not include telecommunications services

provided by a common carrier.

"(C) Screening software. - The term 'screening software'

means software that is designed to permit a person to limit

access to material on the Internet that is harmful to minors.

"(3) Applicability. - Paragraph (1) shall apply to agreements

for the provision of Internet access services entered into on or

after the date that is 6 months after the date of enactment of

this Act [Oct. 21, 1998].

"SEC. 1102. ADVISORY COMMISSION ON ELECTRONIC COMMERCE.

"(a) Establishment of Commission. - There is established a

commission to be known as the Advisory Commission on Electronic

Commerce (in this title referred to as the 'Commission'). The

Commission shall -

"(1) be composed of 19 members appointed in accordance with

subsection (b), including the chairperson who shall be selected

by the members of the Commission from among themselves; and

"(2) conduct its business in accordance with the provisions of

this title.

"(b) Membership. -

"(1) In general. - The Commissioners shall serve for the life

of the Commission. The membership of the Commission shall be as

follows:

"(A) 3 representatives from the Federal Government, comprised

of the Secretary of Commerce, the Secretary of the Treasury,

and the United States Trade Representative (or their respective

delegates).

"(B) 8 representatives from State and local governments (one

such representative shall be from a State or local government

that does not impose a sales tax and one representative shall

be from a State that does not impose an income tax).

"(C) 8 representatives of the electronic commerce industry

(including small business), telecommunications carriers, local

retail businesses, and consumer groups, comprised of -

"(i) 5 individuals appointed by the Majority Leader of the

Senate;

"(ii) 3 individuals appointed by the Minority Leader of the

Senate;

"(iii) 5 individuals appointed by the Speaker of the House

of Representatives; and

"(iv) 3 individuals appointed by the Minority Leader of the

House of Representatives.

"(2) Appointments. - Appointments to the Commission shall be

made not later than 45 days after the date of the enactment of

this Act [Oct. 21, 1998]. The chairperson shall be selected not

later than 60 days after the date of the enactment of this Act.

"(3) Vacancies. - Any vacancy in the Commission shall not

affect its powers, but shall be filled in the same manner as the

original appointment.

"(c) Acceptance of Gifts and Grants. - The Commission may accept,

use, and dispose of gifts or grants of services or property, both

real and personal, for purposes of aiding or facilitating the work

of the Commission. Gifts or grants not used at the expiration of

the Commission shall be returned to the donor or grantor.

"(d) Other Resources. - The Commission shall have reasonable

access to materials, resources, data, and other information from

the Department of Justice, the Department of Commerce, the

Department of State, the Department of the Treasury, and the Office

of the United States Trade Representative. The Commission shall

also have reasonable access to use the facilities of any such

Department or Office for purposes of conducting meetings.

"(e) Sunset. - The Commission shall terminate 18 months after the

date of the enactment of this Act [Oct. 21, 1998].

"(f) Rules of the Commission. -

"(1) Quorum. - Nine members of the Commission shall constitute

a quorum for conducting the business of the Commission.

"(2) Meetings. - Any meetings held by the Commission shall be

duly noticed at least 14 days in advance and shall be open to the

public.

"(3) Opportunities to testify. - The Commission shall provide

opportunities for representatives of the general public, taxpayer

groups, consumer groups, and State and local government officials

to testify.

"(4) Additional rules. - The Commission may adopt other rules

as needed.

"(g) Duties of the Commission. -

"(1) In general. - The Commission shall conduct a thorough

study of Federal, State and local, and international taxation and

tariff treatment of transactions using the Internet and Internet

access and other comparable intrastate, interstate or

international sales activities.

"(2) Issues to be studied. - The Commission may include in the

study under subsection (a) -

"(A) an examination of -

"(i) barriers imposed in foreign markets on United States

providers of property, goods, services, or information

engaged in electronic commerce and on United States providers

of telecommunications services; and

"(ii) how the imposition of such barriers will affect

United States consumers, the competitiveness of United States

citizens providing property, goods, services, or information

in foreign markets, and the growth and maturing of the

Internet;

"(B) an examination of the collection and administration of

consumption taxes on electronic commerce in other countries and

the United States, and the impact of such collection on the

global economy, including an examination of the relationship

between the collection and administration of such taxes when

the transaction uses the Internet and when it does not;

"(C) an examination of the impact of the Internet and

Internet access (particularly voice transmission) on the

revenue base for taxes imposed under section 4251 of the

Internal Revenue Code of 1986 [26 U.S.C. 4251];

"(D) an examination of model State legislation that -

"(i) would provide uniform definitions of categories of

property, goods, service, or information subject to or exempt

from sales and use taxes; and

"(ii) would ensure that Internet access services, online

services, and communications and transactions using the

Internet, Internet access service, or online services would

be treated in a tax and technologically neutral manner

relative to other forms of remote sales;

"(E) an examination of the effects of taxation, including the

absence of taxation, on all interstate sales transactions,

including transactions using the Internet, on retail businesses

and on State and local governments, which examination may

include a review of the efforts of State and local governments

to collect sales and use taxes owed on in-State purchases from

out-of-State sellers; and

"(F) the examination of ways to simplify Federal and State

and local taxes imposed on the provision of telecommunications

services.

"(3) Effect on the communications act of 1934. - Nothing in

this section shall include an examination of any fees or charges

imposed by the Federal Communications Commission or States

related to -

"(A) obligations under the Communications Act of 1934 (47

U.S.C. 151 et seq.); or

"(B) the implementation of the Telecommunications Act of 1996

[Pub. L. 104-104, see Short Title of 1996 Amendment note set

out under section 609 of this title] (or of amendments made by

that Act).

"(h) National Tax Association Communications and Electronic

Commerce Tax Project. - The Commission shall, to the extent

possible, ensure that its work does not undermine the efforts of

the National Tax Association Communications and Electronic Commerce

Tax Project.

"SEC. 1103. REPORT.

"Not later than 18 months after the date of the enactment of this

Act [Oct. 21, 1998], the Commission shall transmit to Congress for

its consideration a report reflecting the results, including such

legislative recommendations as required to address the findings of

the Commission's study under this title. Any recommendation agreed

to by the Commission shall be tax and technologically neutral and

apply to all forms of remote commerce. No finding or recommendation

shall be included in the report unless agreed to by at least

two-thirds of the members of the Commission serving at the time the

finding or recommendation is made.

"SEC. 1104. DEFINITIONS.

"For the purposes of this title:

"(1) Bit tax. - The term 'bit tax' means any tax on electronic

commerce expressly imposed on or measured by the volume of

digital information transmitted electronically, or the volume of

digital information per unit of time transmitted electronically,

but does not include taxes imposed on the provision of

telecommunications services.

"(2) Discriminatory tax. - The term 'discriminatory tax' means

-

"(A) any tax imposed by a State or political subdivision

thereof on electronic commerce that -

"(i) is not generally imposed and legally collectible by

such State or such political subdivision on transactions

involving similar property, goods, services, or information

accomplished through other means;

"(ii) is not generally imposed and legally collectible at

the same rate by such State or such political subdivision on

transactions involving similar property, goods, services, or

information accomplished through other means, unless the rate

is lower as part of a phase-out of the tax over not more than

a 5-year period;

"(iii) imposes an obligation to collect or pay the tax on a

different person or entity than in the case of transactions

involving similar property, goods, services, or information

accomplished through other means;

"(iv) establishes a classification of Internet access

service providers or online service providers for purposes of

establishing a higher tax rate to be imposed on such

providers than the tax rate generally applied to providers of

similar information services delivered through other means;

or

"(B) any tax imposed by a State or political subdivision

thereof, if -

"(i) except with respect to a tax (on Internet access) that

was generally imposed and actually enforced prior to October

1, 1998, the sole ability to access a site on a remote

seller's out-of-State computer server is considered a factor

in determining a remote seller's tax collection obligation;

or

"(ii) a provider of Internet access service or online

services is deemed to be the agent of a remote seller for

determining tax collection obligations solely as a result of

-

"(I) the display of a remote seller's information or content

on the out-of-State computer server of a provider of Internet

access service or online services; or

"(II) the processing of orders through the out-of-State

computer server of a provider of Internet access service or

online services.

"(3) Electronic commerce. - The term 'electronic commerce'

means any transaction conducted over the Internet or through

Internet access, comprising the sale, lease, license, offer, or

delivery of property, goods, services, or information, whether or

not for consideration, and includes the provision of Internet

access.

"(4) Internet. - The term 'Internet' means collectively the

myriad of computer and telecommunications facilities, including

equipment and operating software, which comprise the

interconnected world-wide network of networks that employ the

Transmission Control Protocol/Internet Protocol, or any

predecessor or successor protocols to such protocol, to

communicate information of all kinds by wire or radio.

"(5) Internet access. - The term 'Internet access' means a

service that enables users to access content, information,

electronic mail, or other services offered over the Internet, and

may also include access to proprietary content, information, and

other services as part of a package of services offered to users.

Such term does not include telecommunications services.

"(6) Multiple tax. -

"(A) In general. - The term 'multiple tax' means any tax that

is imposed by one State or political subdivision thereof on the

same or essentially the same electronic commerce that is also

subject to another tax imposed by another State or political

subdivision thereof (whether or not at the same rate or on the

same basis), without a credit (for example, a resale exemption

certificate) for taxes paid in other jurisdictions.

"(B) Exception. - Such term shall not include a sales or use

tax imposed by a State and 1 or more political subdivisions

thereof on the same electronic commerce or a tax on persons

engaged in electronic commerce which also may have been subject

to a sales or use tax thereon.

"(C) Sales or use tax. - For purposes of subparagraph (B),

the term 'sales or use tax' means a tax that is imposed on or

incident to the sale, purchase, storage, consumption,

distribution, or other use of tangible personal property or

services as may be defined by laws imposing such tax and which

is measured by the amount of the sales price or other charge

for such property or service.

"(7) State. - The term 'State' means any of the several States,

the District of Columbia, or any commonwealth, territory, or

possession of the United States.

"(8) Tax. -

"(A) In general. - The term 'tax' means -

"(i) any charge imposed by any governmental entity for the

purpose of generating revenues for governmental purposes, and

is not a fee imposed for a specific privilege, service, or

benefit conferred; or

"(ii) the imposition on a seller of an obligation to

collect and to remit to a governmental entity any sales or

use tax imposed on a buyer by a governmental entity.

"(B) Exception. - Such term does not include any franchise

fee or similar fee imposed by a State or local franchising

authority, pursuant to section 622 or 653 of the Communications

Act of 1934 (47 U.S.C. 542, 573), or any other fee related to

obligations or telecommunications carriers under the

Communications Act of 1934 (47 U.S.C. 151 et seq.).

"(9) Telecommunications service. - The term 'telecommunications

service' has the meaning given such term in section 3(46) of the

Communications Act of 1934 (47 U.S.C. 153(46)) and includes

communications services (as defined in section 4251 of the

Internal Revenue Code of 1986 [26 U.S.C. 4251]).

"(10) Tax on internet access. - The term 'tax on Internet

access' means a tax on Internet access, including the enforcement

or application of any new or preexisting tax on the sale or use

of Internet services unless such tax was generally imposed and

actually enforced prior to October 1, 1998."

STYLISTIC CONSISTENCY

Section 101(c) of title I of Pub. L. 104-104 provided that: "The

Act [Communications Act of 1934 (47 U.S.C. 151 et seq.)] is amended

so that -

"(1) the designation and heading of each title of the Act shall

be in the form and typeface of the designation and heading of

this title of this Act [110 Stat. 61]; and

"(2) the designation and heading of each part of each title of

the Act shall be in the form and typeface of the designation and

heading of part I of title II of the Act [110 Stat. 61], as

amended by subsection (a)."

STUDY OF TELECOMMUNICATIONS AND INFORMATION GOALS

Pub. L. 97-259, title II, Sec. 202, Sept. 13, 1982, 96 Stat.

1099, provided that:

"(a) The National Telecommunications and Information

Administration shall conduct a comprehensive study of the

long-range international telecommunications and information goals

of the United States, the specific international telecommunications

and information policies necessary to promote those goals and the

strategies that will ensure that the United States achieves them.

The Administration shall further conduct a review of the

structures, procedures, and mechanisms which are utilized by the

United States to develop international telecommunications and

information policy.

"(b) In any study or review conducted pursuant to this section,

the National Telecommunications and Information Administration

shall not make public information regarding usage or traffic

patterns which would damage United States commercial interests. Any

such study or review shall be limited to international

telecommunications policies or to domestic telecommunications

issues which directly affect such policies."

COMMISSION ON GOVERNMENTAL USE OF INTERNATIONAL TELECOMMUNICATIONS

Act July 29, 1954, ch. 647, 68 Stat. 587, established the

Commission on Governmental Use of International Telecommunications

to examine, study and report on the objectives, operations, and

effectiveness of information programs with respect to the prompt

development of techniques, methods, and programs for greatly

expanded and far more effective operations in this vital area of

foreign policy through the use of foreign telecommunications. The

Commission was required to make a report of its findings and

recommendations on or before Dec. 31, 1954, and the Commission

ceased to exist 90 days after submission of its report to the

Congress.

COMMUNICATION PRIVILEGES TO PARTICIPANTS IN WORLD TELECOMMUNICATION

CONFERENCES

Act May 13, 1947, ch. 51, 61 Stat. 83, provided that nothing in

this chapter, or in any other provision of law should be construed

to prohibit United States communication common carriers from

rendering free communication services to official participants in

the world telecommunications conferences which were held in the

United States in 1947.

-EXEC-

EXECUTIVE ORDER NO. 10460

Ex. Ord. No. 10460, eff. June 18, 1953, 18 F.R. 3513, as amended

by Ex. Ord. No. 10773, eff. July 1, 1958, 23 F.R. 5061; Ex. Ord.

No. 10782, eff. Sept. 8, 1958, 23 F.R. 6971, which related to the

performance of telecommunication functions by Director of the

Office of Civil and Defense Mobilization, was revoked by section 4

of Ex. Ord. No. 10995, eff. Feb. 16, 1962, 27 F.R. 1519.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 225, 309, 332, 607, 925

of this title.

-End-

-CITE-

47 USC Sec. 152 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 152. Application of chapter

-STATUTE-

(a) The provisions of this chapter shall apply to all interstate

and foreign communication by wire or radio and all interstate and

foreign transmission of energy by radio, which originates and/or is

received within the United States, and to all persons engaged

within the United States in such communication or such transmission

of energy by radio, and to the licensing and regulating of all

radio stations as hereinafter provided; but it shall not apply to

persons engaged in wire or radio communication or transmission in

the Canal Zone, or to wire or radio communication or transmission

wholly within the Canal Zone. The provisions of this chapter shall

apply with respect to cable service, to all persons engaged within

the United States in providing such service, and to the facilities

of cable operators which relate to such service, as provided in

subchapter V-A.

(b) Except as provided in sections 223 through 227 of this title,

inclusive, and section 332 of this title, and subject to the

provisions of section 301 of this title and subchapter V-A of this

chapter, nothing in this chapter shall be construed to apply or to

give the Commission jurisdiction with respect to (1) charges,

classifications, practices, services, facilities, or regulations

for or in connection with intrastate communication service by wire

or radio of any carrier, or (2) any carrier engaged in interstate

or foreign communication solely through physical connection with

the facilities of another carrier not directly or indirectly

controlling or controlled by, or under direct or indirect common

control with such carrier, or (3) any carrier engaged in interstate

or foreign communication solely through connection by radio, or by

wire and radio, with facilities, located in an adjoining State or

in Canada or Mexico (where they adjoin the State in which the

carrier is doing business), of another carrier not directly or

indirectly controlling or controlled by, or under direct or

indirect common control with such carrier, or (4) any carrier to

which clause (2) or clause (3) of this subsection would be

applicable except for furnishing interstate mobile radio

communication service or radio communication service to mobile

stations on land vehicles in Canada or Mexico; except that sections

201 to 205 of this title shall, except as otherwise provided

therein, apply to carriers described in clauses (2), (3), and (4)

of this subsection.

-SOURCE-

(June 19, 1934, ch. 652, title I, Sec. 2, 48 Stat. 1064; Proc. No.

2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Apr. 27,

1954, ch. 175, Sec. 1, 68 Stat. 63; Pub. L. 95-234, Sec. 5, Feb.

21, 1978, 92 Stat. 35; Pub. L. 98-549, Sec. 3(a), Oct. 30, 1984, 98

Stat. 2801; Pub. L. 101-166, title V, Sec. 521(2), Nov. 21, 1989,

103 Stat. 1193; Pub. L. 101-336, title IV, Sec. 401(b)(1), July 26,

1990, 104 Stat. 369; Pub. L. 102-243, Sec. 3(b), Dec. 20, 1991, 105

Stat. 2401; Pub. L. 103-66, title VI, Sec. 6002(b)(2)(B)(i), Aug.

10, 1993, 107 Stat. 396.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (a), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-

CODIFICATION

Words "the Philippine Islands or" were omitted from this section

on authority of Proc. No. 2695, issued pursuant to section 1394 of

Title 22, Foreign Relations and Intercourse, which recognized the

independence of the Philippine Islands as of July 4, 1946. Proc.

No. 2695 is set out under section 1394 of Title 22.

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-66 inserted "and section 332 of

this title," after "inclusive,".

1991 - Subsec. (b). Pub. L. 102-243 substituted "Except as

provided in sections 223 through 227 of this title, inclusive," for

"Except as provided in section 223 or 224 of this title".

1990 - Subsec. (b). Pub. L. 101-336, which directed substitution

of "sections 224 and 225" for "section 224", could not be executed

because of the intervening amendment by Pub. L. 101-166 which

substituted "section 223 or 224" for "section 224". See 1989

Amendment note below.

1989 - Subsec. (b). Pub. L. 101-166 substituted "section 223 or

224" for "section 224".

1984 - Subsec. (a). Pub. L. 98-549, Sec. 3(a)(1), inserted

provision making this chapter applicable with respect to cable

service, to all persons engaged within the United States in

providing such service, and to the facilities of cable operators

which relate to such service, as provided in subchapter V-A of this

chapter.

Subsec. (b). Pub. L. 98-549, Sec. 3(a)(2), inserted "and

subchapter V-A of this chapter" after "section 301 of this title".

1978 - Subsec. (b). Pub. L. 95-234 substituted "Except as

provided in section 224 of this title and subject" for "Subject".

1954 - Subsec. (b). Act Apr. 27, 1954, made it clear that

intrastate communication service, whether by "wire or radio", would

not be subject to the Commission's jurisdiction over charges,

classifications, etc., and added cls. (3) and (4).

EFFECTIVE DATE OF 1989 AMENDMENT

Section 521(3) of Pub. L. 101-166 provided that: "The amendments

made by this subsection [probably should be "section", which

amended this section and section 223 of this title] shall take

effect 120 days after the date of enactment of this Act [Nov. 21,

1989]."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-549 effective 60 days after Oct. 30,

1984, except where otherwise expressly provided, see section 9(a)

of Pub. L. 98-549, set out as a note under section 521 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 7 of Pub. L. 95-234 provided that: "The amendments made

by this Act [enacting section 224 of this title, amending this

section and sections 503 and 504 of this title, repealing sections

510 of this title, and enacting provisions set out as a note under

section 609 of this title] shall take effect on the thirtieth day

after the date of enactment of this Act [Feb. 21, 1978]; except

that the provisions of sections 503(b) and 510 of the

Communications Act of 1934 [sections 503(b) and 510 of this title],

as in effect on such date of enactment, shall continue to

constitute the applicable law with the respect to any act or

omission which occurs prior to such thirtieth day."

APPLICABILITY OF CONSENT DECREES AND OTHER LAW

Pub. L. 104-104, title VI, Sec. 601, Feb. 8, 1996, 110 Stat. 143,

provided that:

"(a) Applicability of Amendments to Future Conduct. -

"(1) AT&T consent decree. - Any conduct or activity that was,

before the date of enactment of this Act [Feb. 8, 1996], subject

to any restriction or obligation imposed by the AT&T Consent

Decree shall, on and after such date, be subject to the

restrictions and obligations imposed by the Communications Act of

1934 [47 U.S.C. 151 et seq.] as amended by this Act and shall not

be subject to the restrictions and the obligations imposed by

such Consent Decree.

"(2) GTE consent decree. - Any conduct or activity that was,

before the date of enactment of this Act, subject to any

restriction or obligation imposed by the GTE Consent Decree

shall, on and after such date, be subject to the restrictions and

obligations imposed by the Communications Act of 1934 as amended

by this Act and shall not be subject to the restrictions and the

obligations imposed by such Consent Decree.

"(3) McCaw consent decree. - Any conduct or activity that was,

before the date of enactment of this Act, subject to any

restriction or obligation imposed by the McCaw Consent Decree

shall, on and after such date, be subject to the restrictions and

obligations imposed by the Communications Act of 1934 as amended

by this Act and subsection (d) of this section and shall not be

subject to the restrictions and the obligations imposed by such

Consent Decree.

"(b) Antitrust Laws. -

"(1) Savings clause. - Except as provided in paragraphs (2) and

(3), nothing in this Act [see Short Title of 1996 Amendment note

set out under section 609 of this title] or the amendments made

by this Act shall be construed to modify, impair, or supersede

the applicability of any of the antitrust laws.

"(2) Repeal. - [Amended section 221 of this title.]

"(3) Clayton act. - [Amended section 18 of Title 15, Commerce

and Trade.]

"(c) Federal, State, and Local Law. -

"(1) No implied effect. - This Act and the amendments made by

this Act shall not be construed to modify, impair, or supersede

Federal, State, or local law unless expressly so provided in such

Act or amendments.

"(2) State tax savings provision. - Notwithstanding paragraph

(1), nothing in this Act or the amendments made by this Act shall

be construed to modify, impair, or supersede, or authorize the

modification, impairment, or supersession of, any State or local

law pertaining to taxation, except as provided in sections 622

and 653(c) of the Communications Act of 1934 [47 U.S.C. 542,

573(c)] and section 602 of this Act [set out as a note below].

"(d) Commercial Mobile Service Joint Marketing. - Notwithstanding

section 22.903 of the Commission's regulations (47 C.F.R. 22.903)

or any other Commission regulation, a Bell operating company or any

other company may, except as provided in sections 271(e)(1) and 272

of the Communications Act of 1934 [47 U.S.C. 271(e)(1), 272] as

amended by this Act as they relate to wireline service, jointly

market and sell commercial mobile services in conjunction with

telephone exchange service, exchange access, intraLATA

telecommunications service, interLATA telecommunications service,

and information services.

"(e) Definitions. - As used in this section:

"(1) AT&T consent decree. - The term 'AT&T Consent Decree'

means the order entered August 24, 1982, in the antitrust action

styled United States v. Western Electric, Civil Action No.

82-0192, in the United States District Court for the District of

Columbia, and includes any judgment or order with respect to such

action entered on or after August 24, 1982.

"(2) GTE consent decree. - The term 'GTE Consent Decree' means

the order entered December 21, 1984, as restated January 11,

1985, in the action styled United States v. GTE Corp., Civil

Action No. 83-1298, in the United States District Court for the

District of Columbia, and any judgment or order with respect to

such action entered on or after December 21, 1984.

"(3) McCaw consent decree. - The term 'McCaw Consent Decree'

means the proposed consent decree filed on July 15, 1994, in the

antitrust action styled United States v. AT&T Corp. and McCaw

Cellular Communications, Inc., Civil Action No. 94-01555, in the

United States District Court for the District of Columbia. Such

term includes any stipulation that the parties will abide by the

terms of such proposed consent decree until it is entered and any

order entering such proposed consent decree.

"(4) Antitrust laws. - The term 'antitrust laws' has the

meaning given it in subsection (a) of the first section of the

Clayton Act (15 U.S.C. 12(a)), except that such term includes the

Act of June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13 et seq.),

commonly known as the Robinson-Patman Act, and section 5 of the

Federal Trade Commission Act (15 U.S.C. 45) to the extent that

such section 5 applies to unfair methods of competition."

PREEMPTION OF LOCAL TAXATION WITH RESPECT TO DIRECT-TO-HOME

SERVICES

Pub. L. 104-104, title VI, Sec. 602, Feb. 8, 1996, 110 Stat. 144,

provided that:

"(a) Preemption. - A provider of direct-to-home satellite service

shall be exempt from the collection or remittance, or both, of any

tax or fee imposed by any local taxing jurisdiction on

direct-to-home satellite service.

"(b) Definitions. - For the purposes of this section -

"(1) Direct-to-home satellite service. - The term

'direct-to-home satellite service' means only programming

transmitted or broadcast by satellite directly to the

subscribers' premises without the use of ground receiving or

distribution equipment, except at the subscribers' premises or in

the uplink process to the satellite.

"(2) Provider of direct-to-home satellite service. - For

purposes of this section, a 'provider of direct-to-home satellite

service' means a person who transmits, broadcasts, sells, or

distributes direct-to-home satellite service.

"(3) Local taxing jurisdiction. - The term 'local taxing

jurisdiction' means any municipality, city, county, township,

parish, transportation district, or assessment jurisdiction, or

any other local jurisdiction in the territorial jurisdiction of

the United States with the authority to impose a tax or fee, but

does not include a State.

"(4) State. - The term 'State' means any of the several States,

the District of Columbia, or any territory or possession of the

United States.

"(5) Tax or fee. - The terms 'tax' and 'fee' mean any local

sales tax, local use tax, local intangible tax, local income tax,

business license tax, utility tax, privilege tax, gross receipts

tax, excise tax, franchise fees, local telecommunications tax, or

any other tax, license, or fee that is imposed for the privilege

of doing business, regulating, or raising revenue for a local

taxing jurisdiction.

"(c) Preservation of State Authority. - This section shall not be

construed to prevent taxation of a provider of direct-to-home

satellite service by a State or to prevent a local taxing

jurisdiction from receiving revenue derived from a tax or fee

imposed and collected by a State."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 153, 225, 332 of this

title.

-End-

-CITE-

47 USC Sec. 153 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 153. Definitions

-STATUTE-

For the purposes of this chapter, unless the context otherwise

requires -

(1) Affiliate

The term "affiliate" means a person that (directly or

indirectly) owns or controls, is owned or controlled by, or is

under common ownership or control with, another person. For

purposes of this paragraph, the term "own" means to own an equity

interest (or the equivalent thereof) of more than 10 percent.

(2) Amateur station

The term "amateur station" means a radio station operated by a

duly authorized person interested in radio technique solely with

a personal aim and without pecuniary interest.

(3) AT&T Consent Decree

The term "AT&T Consent Decree" means the order entered August

24, 1982, in the antitrust action styled United States v. Western

Electric, Civil Action No. 82-0192, in the United States District

Court for the District of Columbia, and includes any judgment or

order with respect to such action entered on or after August 24,

1982.

(4) Bell operating company

The term "Bell operating company" -

(A) means any of the following companies: Bell Telephone

Company of Nevada, Illinois Bell Telephone Company, Indiana

Bell Telephone Company, Incorporated, Michigan Bell Telephone

Company, New England Telephone and Telegraph Company, New

Jersey Bell Telephone Company, New York Telephone Company, U S

West Communications Company, South Central Bell Telephone

Company, Southern Bell Telephone and Telegraph Company,

Southwestern Bell Telephone Company, The Bell Telephone Company

of Pennsylvania, The Chesapeake and Potomac Telephone Company,

The Chesapeake and Potomac Telephone Company of Maryland, The

Chesapeake and Potomac Telephone Company of Virginia, The

Chesapeake and Potomac Telephone Company of West Virginia, The

Diamond State Telephone Company, The Ohio Bell Telephone

Company, The Pacific Telephone and Telegraph Company, or

Wisconsin Telephone Company; and

(B) includes any successor or assign of any such company that

provides wireline telephone exchange service; but

(C) does not include an affiliate of any such company, other

than an affiliate described in subparagraph (A) or (B).

(5) Broadcast station

The term "broadcast station", "broadcasting station", or "radio

broadcast station" means a radio station equipment to engage in

broadcasting as herein defined.

(6) Broadcasting

The term "broadcasting" means the dissemination of radio

communications intended to be received by the public, directly or

by the intermediary of relay stations.

(7) Cable service

The term "cable service" has the meaning given such term in

section 522 of this title.

(8) Cable system

The term "cable system" has the meaning given such term in

section 522 of this title.

(9) Chain broadcasting

The term "chain broadcasting" means simultaneous broadcasting

of an identical program by two or more connected stations.

(10) Common carrier

The term "common carrier" or "carrier" means any person engaged

as a common carrier for hire, in interstate or foreign

communication by wire or radio or interstate or foreign radio

transmission of energy, except where reference is made to common

carriers not subject to this chapter; but a person engaged in

radio broadcasting shall not, insofar as such person is so

engaged, be deemed a common carrier.

(11) Connecting carrier

The term "connecting carrier" means a carrier described in

clauses (2), (3), or (4) of section 152(b) of this title.

(12) Construction permit

The term "construction permit" or "permit for construction"

means that instrument of authorization required by this chapter

or the rules and regulations of the Commission made pursuant to

this chapter for the construction of a station, or the

installation of apparatus, for the transmission of energy, or

communications, or signals by radio, by whatever name the

instrument may be designated by the Commission.

(13) Corporation

The term "corporation" includes any corporation, joint-stock

company, or association.

(14) Customer premises equipment

The term "customer premises equipment" means equipment employed

on the premises of a person (other than a carrier) to originate,

route, or terminate telecommunications.

(15) Dialing parity

The term "dialing parity" means that a person that is not an

affiliate of a local exchange carrier is able to provide

telecommunications services in such a manner that customers have

the ability to route automatically, without the use of any access

code, their telecommunications to the telecommunications services

provider of the customer's designation from among 2 or more

telecommunications services providers (including such local

exchange carrier).

(16) Exchange access

The term "exchange access" means the offering of access to

telephone exchange services or facilities for the purpose of the

origination or termination of telephone toll services.

(17) Foreign communication

The term "foreign communication" or "foreign transmission"

means communication or transmission from or to any place in the

United States to or from a foreign country, or between a station

in the United States and a mobile station located outside the

United States.

(18) Great Lakes Agreement

The term "Great Lakes Agreement" means the Agreement for the

Promotion of Safety on the Great Lakes by Means of Radio in force

and the regulations referred to therein.

(19) Harbor

The term "harbor" or "port" means any place to which ships may

resort for shelter or to load or unload passengers or goods, or

to obtain fuel, water, or supplies. This term shall apply to such

places whether proclaimed public or not and whether natural or

artificial.

(20) Information service

The term "information service" means 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.

(21) InterLATA service

The term "interLATA service" means telecommunications between a

point located in a local access and transport area and a point

located outside such area.

(22) Interstate communication

The term "interstate communication" or "interstate

transmission" means communication or transmission (A) from any

State, Territory, or possession of the United States (other than

the Canal Zone), or the District of Columbia, to any other State,

Territory, or possession of the United States (other than the

Canal Zone), or the District of Columbia, (B) from or to the

United States to or from the Canal Zone, insofar as such

communication or transmission takes place within the United

States, or (C) between points within the United States but

through a foreign country; but shall not, with respect to the

provisions of subchapter II of this chapter (other than section

223 of this title), include wire or radio communication between

points in the same State, Territory, or possession of the United

States, or the District of Columbia, through any place outside

thereof, if such communication is regulated by a State

commission.

(23) Land station

The term "land station" means a station, other than a mobile

station, used for radio communication with mobile stations.

(24) Licensee

The term "licensee" means the holder of a radio station license

granted or continued in force under authority of this chapter.

(25) Local access and transport area

The term "local access and transport area" or "LATA" means a

contiguous geographic area -

(A) established before February 8, 1996, by a Bell operating

company such that no exchange area includes points within more

than 1 metropolitan statistical area, consolidated metropolitan

statistical area, or State, except as expressly permitted under

the AT&T Consent Decree; or

(B) established or modified by a Bell operating company after

February 8, 1996, and approved by the Commission.

(26) Local exchange carrier

The term "local exchange carrier" means any person that is

engaged in the provision of telephone exchange service or

exchange access. Such term does not include a person insofar as

such person is engaged in the provision of a commercial mobile

service under section 332(c) of this title, except to the extent

that the Commission finds that such service should be included in

the definition of such term.

(27) Mobile service

The term "mobile service" means a radio communication service

carried on between mobile stations or receivers and land

stations, and by mobile stations communicating among themselves,

and includes (A) both one-way and two-way radio communication

services, (B) a mobile service which provides a regularly

interacting group of base, mobile, portable, and associated

control and relay stations (whether licensed on an individual,

cooperative, or multiple basis) for private one-way or two-way

land mobile radio communications by eligible users over

designated areas of operation, and (C) any service for which a

license is required in a personal communications service

established pursuant to the proceeding entitled "Amendment to the

Commission's Rules to Establish New Personal Communications

Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any

successor proceeding.

(28) Mobile station

The term "mobile station" means a radio-communication station

capable of being moved and which ordinarily does move.

(29) Network element

The term "network element" means a facility or equipment used

in the provision of a telecommunications service. Such term also

includes features, functions, and capabilities that are provided

by means of such facility or equipment, including subscriber

numbers, databases, signaling systems, and information sufficient

for billing and collection or used in the transmission, routing,

or other provision of a telecommunications service.

(30) Number portability

The term "number portability" means the ability of users of

telecommunications services to retain, at the same location,

existing telecommunications numbers without impairment of

quality, reliability, or convenience when switching from one

telecommunications carrier to another.

(31) Operator

(A) The term "operator" on a ship of the United States means,

for the purpose of parts II and III of subchapter III of this

chapter, a person holding a radio operator's license of the

proper class as prescribed and issued by the Commission.

(B) "Operator" on a foreign ship means, for the purpose of part

II of subchapter III of this chapter, a person holding a

certificate as such of the proper class complying with the

provisions of the radio regulations annexed to the International

Telecommunication Convention in force, or complying with an

agreement or treaty between the United States and the country in

which the ship is registered.

(32) Person

The term "person" includes an individual, partnership,

association, joint-stock company, trust, or corporation.

(33) Radio communication

The term "radio communication" or "communication by radio"

means the transmission by radio of writing, signs, signals,

pictures, and sounds of all kinds, including all

instrumentalities, facilities, apparatus, and services (among

other things, the receipt, forwarding, and delivery of

communications) incidental to such transmission.

(34) Radio officer

(A) The term "radio officer" on a ship of the United States

means, for the purpose of part II of subchapter III of this

chapter, a person holding at least a first or second class

radiotelegraph operator's license as prescribed and issued by the

Commission. When such person is employed to operate a

radiotelegraph station aboard a ship of the United States, he is

also required to be licensed as a "radio officer" in accordance

with chapter 71 of title 46.

(B) "Radio officer" on a foreign ship means, for the purpose of

part II of subchapter III of this chapter, a person holding at

least a first or second class radiotelegraph operator's

certificate complying with the provisions of the radio

regulations annexed to the International Telecommunication

Convention in force.

(35) Radio station

The term "radio station" or "station" means a station equipped

to engage in radio communication or radio transmission of energy.

(36) Radiotelegraph auto alarm

The term "radiotelegraph auto alarm" on a ship of the United

States subject to the provisions of part II of subchapter III of

this chapter means an automatic alarm receiving apparatus which

responds to the radiotelegraph alarm signal and has been approved

by the Commission. "Radiotelegraph auto alarm" on a foreign ship

means an automatic alarm receiving apparatus which responds to

the radiotelegraph alarm signal and has been approved by the

government of the country in which the ship is registered:

Provided, That the United States and the country in which the

ship is registered are parties to the same treaty, convention, or

agreement prescribing the requirements for such apparatus.

Nothing in this chapter or in any other provision of law shall be

construed to require the recognition of a radiotelegraph auto

alarm as complying with part II of subchapter III of this

chapter, on a foreign ship subject to part II of subchapter III

of this chapter, where the country in which the ship is

registered and the United States are not parties to the same

treaty, convention, or agreement prescribing the requirements for

such apparatus.

(37) Rural telephone company

The term "rural telephone company" means a local exchange

carrier operating entity to the extent that such entity -

(A) provides common carrier service to any local exchange

carrier study area that does not include either -

(i) any incorporated place of 10,000 inhabitants or more,

or any part thereof, based on the most recently available

population statistics of the Bureau of the Census; or

(ii) any territory, incorporated or unincorporated,

included in an urbanized area, as defined by the Bureau of

the Census as of August 10, 1993;

(B) provides telephone exchange service, including exchange

access, to fewer than 50,000 access lines;

(C) provides telephone exchange service to any local exchange

carrier study area with fewer than 100,000 access lines; or

(D) has less than 15 percent of its access lines in

communities of more than 50,000 on February 8, 1996.

(38) Safety convention

The term "safety convention" means the International Convention

for the Safety of Life at Sea in force and the regulations

referred to therein.

(39) Ship

(A) The term "ship" or "vessel" includes every description of

watercraft or other artificial contrivance, except aircraft, used

or capable of being used as a means of transportation on water,

whether or not it is actually afloat.

(B) A ship shall be considered a passenger ship if it carries

or is licensed or certificated to carry more than twelve

passengers.

(C) A cargo ship means any ship not a passenger ship.

(D) A passenger is any person carried on board a ship or vessel

except (1) the officers and crew actually employed to man and

operate the ship, (2) persons employed to carry on the business

of the ship, and (3) persons on board a ship when they are

carried, either because of the obligation laid upon the master to

carry shipwrecked, distressed, or other persons in like or

similar situations or by reason of any circumstance over which

neither the master, the owner, nor the charterer (if any) has

control.

(E) "Nuclear ship" means a ship provided with a nuclear

powerplant.

(40) State

The term "State" includes the District of Columbia and the

Territories and possessions.

(41) State commission

The term "State commission" means the commission, board, or

official (by whatever name designated) which under the laws of

any State has regulatory jurisdiction with respect to intrastate

operations of carriers.

(42) Station license

The term "station license", "radio station license", or

"license" means that instrument of authorization required by this

chapter or the rules and regulations of the Commission made

pursuant to this chapter, for the use or operation of apparatus

for transmission of energy, or communications, or signals by

radio, by whatever name the instrument may be designated by the

Commission.

(43) Telecommunications

The term "telecommunications" means the transmission, between

or among points specified by the user, of information of the

user's choosing, without change in the form or content of the

information as sent and received.

(44) Telecommunications carrier

The term "telecommunications carrier" means any provider of

telecommunications services, except that such term does not

include aggregators of telecommunications services (as defined in

section 226 of this title). A telecommunications carrier shall be

treated as a common carrier under this chapter only to the extent

that it is engaged in providing telecommunications services,

except that the Commission shall determine whether the provision

of fixed and mobile satellite service shall be treated as common

carriage.

(45) Telecommunications equipment

The term "telecommunications equipment" means equipment, other

than customer premises equipment, used by a carrier to provide

telecommunications services, and includes software integral to

such equipment (including upgrades).

(46) Telecommunications service

The term "telecommunications service" means the offering of

telecommunications for a fee directly to the public, or to such

classes of users as to be effectively available directly to the

public, regardless of the facilities used.

(47) Telephone exchange service

The term "telephone exchange service" means (A) service within

a telephone exchange, or within a connected system of telephone

exchanges within the same exchange area operated to furnish to

subscribers intercommunicating service of the character

ordinarily furnished by a single exchange, and which is covered

by the exchange service charge, or (B) comparable service

provided through a system of switches, transmission equipment, or

other facilities (or combination thereof) by which a subscriber

can originate and terminate a telecommunications service.

(48) Telephone toll service

The term "telephone toll service" means telephone service

between stations in different exchange areas for which there is

made a separate charge not included in contracts with subscribers

for exchange service.

(49) Television service

(A) Analog television service

The term "analog television service" means television service

provided pursuant to the transmission standards prescribed by

the Commission in section 73.682(a) of its regulations (47

C.F.R. 73.682(a)).

(B) Digital television service

The term "digital television service" means television

service provided pursuant to the transmission standards

prescribed by the Commission in section 73.682(d) of its

regulations (47 C.F.R. 73.682(d)).

(50) Transmission of energy by radio

The term "transmission of energy by radio" or "radio

transmission of energy" includes both such transmission and all

instrumentalities, facilities, and services incidental to such

transmission.

(51) United States

The term "United States" means the several States and

Territories, the District of Columbia, and the possessions of the

United States, but does not include the Canal Zone.

(52) Wire communication

The term "wire communication" or "communication by wire" means

the transmission of writing, signs, signals, pictures, and sounds

of all kinds by aid of wire, cable, or other like connection

between the points of origin and reception of such transmission,

including all instrumentalities, facilities, apparatus, and

services (among other things, the receipt, forwarding, and

delivery of communications) incidental to such transmission.

-SOURCE-

(June 19, 1934, ch. 652, title I, Sec. 3, 48 Stat. 1065; May 20,

1937, ch. 229, Sec. 2, 50 Stat. 189; Proc. No. 2695, eff. July 4,

1946, 11 F.R. 7517, 60 Stat. 1352; July 16, 1952, ch. 879, Sec. 2,

66 Stat. 711; Apr. 27, 1954, ch. 175, Secs. 2, 3, 68 Stat. 64; Aug.

13, 1954, ch. 729, Sec. 3, 68 Stat. 707; Aug. 13, 1954, ch. 735,

Sec. 1, 68 Stat. 729; Aug. 6, 1956, ch. 973, Sec. 3, 70 Stat. 1049;

Pub. L. 89-121, Sec. 1, Aug. 13, 1965, 79 Stat. 511; Pub. L.

90-299, Sec. 2, May 3, 1968, 82 Stat. 112; Pub. L. 97-259, title I,

Sec. 120(b), Sept. 13, 1982, 96 Stat. 1097; Pub. L. 103-66, title

VI, Sec. 6002(b)(2)(B)(ii), Aug. 10, 1993, 107 Stat. 396; Pub. L.

104-104, Sec. 3(a), (c), Feb. 8, 1996, 110 Stat. 58, 61; Pub. L.

105-33, title III, Sec. 3001(b), Aug. 5, 1997, 111 Stat. 258.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in pars. (22) and (51),

see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Part II of subchapter III of this chapter, referred to in pars.

(31), (34), and (36), is classified to section 351 et seq. of this

title. Part III of subchapter III of this chapter, referred to in

par. (31)(A), is classified to section 381 et seq. of this title.

-COD-

CODIFICATION

In par. (34)(A), "chapter 71 of title 46" substituted for "the

Act of May 12, 1948 (46 U.S.C. 229a-h)" on authority of Pub. L.

98-89, Sec. 2(b), Aug. 26, 1983, 97 Stat. 598, section 1 of which

enacted Title 46, Shipping.

References to Philippine Islands in pars. (22) and (51) of this

section omitted on authority of Proc. No. 2695, issued pursuant to

section 1394 of Title 22, Foreign Relations and Intercourse, which

proclamation recognized the independence of Philippine Islands as

of July 4, 1946. Proc. No. 2695 is set out under section 1394 of

Title 22.

-MISC1-

AMENDMENTS

1997 - Pars. (49) to (52). Pub. L. 105-33 added par. (49) and

redesignated former pars. (49) to (51) as (50) to (52),

respectively.

1996 - Pub. L. 104-104, Sec. 3(a)(2), (c)(4)-(8), redesignated

subsecs. (a) to (ff) as pars. (1) to (32), respectively, realigned

margins, inserted headings and words "The term", changed

capitalization, added pars. (33) to (51), reordered pars. in

alphabetical order based on headings of pars. and renumbered pars.

as so reordered.

Subsecs. (e), (n). Pub. L. 104-104, Sec. 3(c)(1), redesignated

clauses (1) to (3) as (A) to (C), respectively.

Subsec. (r). Pub. L. 104-104, Sec. 3(a)(1), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (w). Pub. L. 104-104, Sec. 3(c)(2), redesignated pars.

(1) to (5) as subpars. (A) to (E), respectively.

Subsecs. (y), (z). Pub. L. 104-104, Sec. 3(c)(3), redesignated

pars. (1) and (2) as subpars. (A) and (B), respectively.

1993 - Subsec. (n). Pub. L. 103-66, Sec. 6002(b)(2)(B)(ii)(I),

inserted cl. (1) designation and added cls. (2) and (3).

Subsec. (gg). Pub. L. 103-66, Sec. 6002(b)(2)(B)(ii)(II), struck

out subsec. (gg) which read as follows: " 'Private land mobile

service' means a mobile service which provides a regularly

interacting group of base, mobile, portable, and associated control

and relay stations (whether licensed on an individual, cooperative,

or multiple basis) for private one-way or two-way land mobile radio

communications by eligible users over designated areas of

operation."

1982 - Subsec. (n). Pub. L. 97-259, Sec. 120(b)(2), substituted

"a radio" for "the radio", inserted "or receivers" after "between

mobile stations", and inserted provision that "mobile service"

includes both one-way and two-way radio communication services.

Subsec. (gg). Pub. L. 97-259, Sec. 120(b)(1), added subsec. (gg).

1968 - Subsec. (e). Pub. L. 90-299 inserted "(other than section

223 of this title)" after "subchapter II of this chapter".

1965 - Subsec. (w)(5). Pub. L. 89-121, Sec. 1(1), added par. (5).

Subsec. (x). Pub. L. 89-121, Sec. 1(2), among other changes,

substituted "radiotelegraph auto alarm" for "auto-alarm" wherever

appearing, "receiving apparatus which responds to the

radiotelegraph alarm signal" for "receiver" in two places, and

"country in which the ship is registered" for "country to which the

ship belongs" and for "country of origin".

Subsec. (y). Pub. L. 89-121, Sec. 1(3), struck out "qualified

operator" from pars. (1) and (2), and substituted "country in which

the ship is registered" for "country to which the ship belongs".

Subsec. (z). Pub. L. 89-121, Sec. 1(4)(D), (E), added subsec. (z)

and redesignated former subsec. (z) as (aa).

Subsec. (aa). Pub. L. 89-121, Sec. 1(4)(A), (D), redesignated

former subsec. (z) as (aa) and former subsec. (aa) as (bb).

Subsecs. (bb) to (dd). Pub. L. 89-121, Sec. 1(4)(A), redesignated

former subsecs. (aa) to (cc) as (bb) to (dd) and former subsec.

(dd) as (ee).

Subsec. (ee). Pub. L. 89-121, Sec. 1(4)(A), (B), redesignated

former subsec. (dd) as (ee), and repealed former subsec. (ee) which

defined "existing installation".

Subsecs. (ff), (gg). Pub. L. 89-121, Sec. 1(4)(B), (C),

redesignated subsec. (gg) as (ff) and repealed former subsec. (ff)

which defined "new installation".

1956 - Subsec. (y)(2). Act Aug. 6, 1956, substituted "parts II

and III of subchapter III of this chapter" for "part II of

subchapter III of this chapter".

1954 - Subsec. (e). Act Apr. 27, 1954, Sec. 2, obviated any

possible construction that the Commission is empowered to assert

common-carrier jurisdiction over point-to-point communication by

radio between two points within a single State when the only

possible claim that such an operation constitutes an interstate

communication rests on the fact that the signal may traverse the

territory of another State.

Subsec. (u). Act Apr. 27, 1954, Sec. 3, inserted reference to

clauses (3) and (4) of section 152(b) of this title.

Subsecs. (ee), (ff). Act Aug. 13, 1954, ch. 729, added subsecs.

(ee) and (ff).

Subsec. (gg), "Great Lakes Agreement". Act Aug. 13, 1954, ch.

735, added another subsec. (ee) which for purposes of codification

was designated subsec. (gg).

1952 - Subsecs. (bb) to (dd). Act July 16, 1952, added subsecs.

(bb) to (dd).

1937 - Subsecs. (w) to (aa). Act May 20, 1937, added subsecs. (w)

to (aa).

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act Aug. 6, 1956, effective Mar. 1, 1957, see

section 4 of act Aug. 6, 1956, set out as an Effective Date note

under section 381 of this title.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Aug. 13, 1954, ch. 735, effective Nov. 13, 1954,

see section 6 of act Aug. 13, 1954, set out as an Effective Date

note under section 507 of this title.

EFFECTIVE DATE OF 1952 AMENDMENT

Section 19 of act July 16, 1952, provided that: "This Act

[enacting section 1343 of Title 18, Crimes and Criminal Procedure,

amending this section and sections 154, 155, 307 to 312, 315, 316,

319, 402, 405, 409, and 410 of this title, and enacting provisions

set out as notes under this section and section 609 of this title]

shall take effect on the date of its enactment [July 16, 1952], but

-

"(1) Insofar as the amendments made by this Act to the

Communications Act of 1934 [this chapter] provide for procedural

changes, requirements imposed by such changes shall not be

mandatory as to any agency proceeding (as defined in the

Administrative Procedure Act) [see sections 551 et seq. and 701

et seq. of Title 5, Government Organization and Employees] with

respect to which hearings have been commenced prior to the date

of enactment of this Act [July 16, 1952].

"(2) The amendments made by this Act to section 402 of the

Communications Act of 1934 [section 402 of this title] (relating

to judicial review of orders and decisions of the Commission)

shall not apply with respect to any action or appeal which is

pending before any court on the date of enactment of this Act

[July 16, 1952]."

COMMON TERMINOLOGY

Section 3001(a) of title III of Pub. L. 105-33 provided that:

"Except as otherwise provided in this title [enacting section 337

of this title, amending this section and sections 303, 309, and 923

to 925 of this title, enacting provisions set out as notes under

sections 254, 309, and 925 of this title, and repealing provisions

set out as a note under section 309 of this title], the terms used

in this title have the meanings provided in section 3 of the

Communications Act of 1934 (47 U.S.C. 153), as amended by this

section."

Section 3(b) of Pub. L. 104-104 provided that: "Except as

otherwise provided in this Act [see Short Title of 1996 Amendment

note set out under section 609 of this title], the terms used in

this Act have the meanings provided in section 3 of the

Communications Act of 1934 (47 U.S.C. 153), as amended by this

section."

GREAT LAKES AGREEMENT

The Great Lakes Agreement, referred to in this section, relates

to the bilateral Agreement for the Promotion of Safety on the Great

Lakes by Means of Radio, signed at Ottawa, Canada, Feb. 21, 1952;

entered into force Nov. 13, 1954, 3 UST 4926. A subsequent

agreement for Promotion of Safety on the Great Lakes by Means of

Radio, 1973, was signed at Ottawa, Canada, Feb. 26, 1973, and

entered into force May 16, 1975, 25 UST 935.

SAFETY CONVENTION

The United States was a party to the International Convention for

the Safety of Life at Sea, signed at London May 31, 1929, entered

into force as to the United States, Nov. 7, 1936, 50 Stat. 1121,

1306. For subsequent International Conventions for the Safety of

Life at Sea to which the United States has been a party, see

section 1602 of Title 33, Navigation and Navigable Waters, and

notes thereunder.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 224, 225, 271, 273, 274,

332, 541, 556, 557, 741, 769 of this title; title 7 section 924;

title 15 section 78c; title 17 section 1202; title 18 sections

1029, 2510; title 22 section 1465ff.

-End-

-CITE-

47 USC Sec. 154 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 154. Federal Communications Commission

-STATUTE-

(a) Number of commissioners; appointment

The Federal Communications Commission (in this chapter referred

to as the "Commission") shall be composed of five commissioners

appointed by the President, by and with the advice and consent of

the Senate, one of whom the President shall designate as chairman.

(b) Qualifications

(1) Each member of the Commission shall be a citizen of the

United States.

(2)(A) No member of the Commission or person employed by the

Commission shall -

(i) be financially interested in any company or other entity

engaged in the manufacture or sale of telecommunications

equipment which is subject to regulation by the Commission;

(ii) be financially interested in any company or other entity

engaged in the business of communication by wire or radio or in

the use of the electromagnetic spectrum;

(iii) be financially interested in any company or other entity

which controls any company or other entity specified in clause

(i) or clause (ii), or which derives a significant portion of its

total income from ownership of stocks, bonds, or other securities

of any such company or other entity; or

(iv) be employed by, hold any official relation to, or own any

stocks, bonds, or other securities of, any person significantly

regulated by the Commission under this chapter;

except that the prohibitions established in this subparagraph shall

apply only to financial interests in any company or other entity

which has a significant interest in communications, manufacturing,

or sales activities which are subject to regulation by the

Commission.

(B)(i) The Commission shall have authority to waive, from time to

time, the application of the prohibitions established in

subparagraph (A) to persons employed by the Commission if the

Commission determines that the financial interests of a person

which are involved in a particular case are minimal, except that

such waiver authority shall be subject to the provisions of section

208 of title 18. The waiver authority established in this

subparagraph shall not apply with respect to members of the

Commission.

(ii) In any case in which the Commission exercises the waiver

authority established in this subparagraph, the Commission shall

publish notice of such action in the Federal Register and shall

furnish notice of such action to the appropriate committees of each

House of the Congress. Each such notice shall include information

regarding the identity of the person receiving the waiver, the

position held by such person, and the nature of the financial

interests which are the subject of the waiver.

(3) The Commission, in determining whether a company or other

entity has a significant interest in communications, manufacturing,

or sales activities which are subject to regulation by the

Commission, shall consider (without excluding other relevant

factors) -

(A) the revenues, investments, profits, and managerial efforts

directed to the related communications, manufacturing, or sales

activities of the company or other entity involved, as compared

to the other aspects of the business of such company or other

entity;

(B) the extent to which the Commission regulates and oversees

the activities of such company or other entity;

(C) the degree to which the economic interests of such company

or other entity may be affected by any action of the Commission;

and

(D) the perceptions held by the public regarding the business

activities of such company or other entity.

(4) Members of the Commission shall not engage in any other

business, vocation, profession, or employment while serving as such

members.

(5) The maximum number of commissioners who may be members of the

same political party shall be a number equal to the least number of

commissioners which constitutes a majority of the full membership

of the Commission.

(c) Terms of office; vacancies

commissioners (!1) shall be appointed for terms of five years and

until their successors are appointed and have been confirmed and

taken the oath of office, except that they shall not continue to

serve beyond the expiration of the next session of Congress

subsequent to the expiration of said fixed term of office; except

that any person chosen to fill a vacancy shall be appointed only

for the unexpired term of the commissioner whom he succeeds. No

vacancy in the Commission shall impair the right of the remaining

commissioners to exercise all the powers of the Commission.

(d) Compensation of Commission members

Each Commissioner shall receive an annual salary at the annual

rate payable from time to time for level IV of the Executive

Schedule, payable in monthly installments. The Chairman of the

Commission, during the period of his service as Chairman, shall

receive an annual salary at the annual rate payable from time to

time for level III of the Executive Schedule.

(e) Principal office; special sessions

The principal office of the Commission shall be in the District

of Columbia, where its general sessions shall be held; but whenever

the convenience of the public or of the parties may be promoted or

delay or expense prevented thereby, the Commission may hold special

sessions in any part of the United States.

(f) Employees and assistants; compensation of members of Field

Engineering and Monitoring Bureau; use of amateur volunteers for

certain purposes; commercial radio operator examinations

(1) The Commission shall have authority, subject to the

provisions of the civil-service laws and chapter 51 and subchapter

III of chapter 53 of title 5, to appoint such officers, engineers,

accountants, attorneys, inspectors, examiners, and other employees

as are necessary in the exercise of its functions.

(2) Without regard to the civil-service laws, but subject to

chapter 51 and subchapter III of chapter 53 of title 5, each

commissioner may appoint three professional assistants and a

secretary, each of whom shall perform such duties as such

commissioner shall direct. In addition, the chairman of the

Commission may appoint, without regard to the civil-service laws,

but subject to chapter 51 and subchapter III of chapter 53 of title

5, and administrative assistant who shall perform such duties as

the chairman shall direct.

(3) The Commission shall fix a reasonable rate of extra

compensation for overtime services of engineers in charge and radio

engineers of the Field Engineering and Monitoring Bureau of the

Federal Communications Commission, who may be required to remain on

duty between the hours of 5 o'clock postmeridian and 8 o'clock

antemeridian or on Sundays or holidays to perform services in

connection with the inspection of ship radio equipment and

apparatus for the purposes of part II of subchapter III of this

chapter or the Great Lakes Agreement, on the basis of one-half

day's additional pay for each two hours or fraction thereof of at

least one hour that the overtime extends beyond 5 o'clock

postmeridian (but not to exceed two and one-half days' pay for the

full period from 5 o'clock postmeridian to 8 o'clock antemeridian)

and two additional days' pay for Sunday or holiday duty. The said

extra compensation for overtime services shall be paid by the

master, owner, or agent of such vessel to the local United States

collector of customs or his representative, who shall deposit such

collection into the Treasury of the United States to an

appropriately designated receipt account: Provided, That the

amounts of such collections received by the said collector of

customs or his representatives shall be covered into the Treasury

as miscellaneous receipts; and the payments of such extra

compensation to the several employees entitled thereto shall be

made from the annual appropriations for salaries and expenses of

the Commission: Provided further, That to the extent that the

annual appropriations which are authorized to be made from the

general fund of the Treasury are insufficient, there are authorized

to be appropriated from the general fund of the Treasury such

additional amounts as may be necessary to the extent that the

amounts of such receipts are in excess of the amounts appropriated:

Provided further, That such extra compensation shall be paid if

such field employees have been ordered to report for duty and have

so reported whether the actual inspection of the radio equipment or

apparatus takes place or not: And provided further, That in those

ports where customary working hours are other than those

hereinabove mentioned, the engineers in charge are vested with

authority to regulate the hours of such employees so as to agree

with prevailing working hours in said ports where inspections are

to be made, but nothing contained in this proviso shall be

construed in any manner to alter the length of a working day for

the engineers in charge and radio engineers or the overtime pay

herein fixed: and Provided further, That, in the alternative, an

entity designated by the Commission may make the inspections

referred to in this paragraph.

(4)(A) The Commission, for purposes of preparing or administering

any examination for an amateur station operator license, may accept

and employ the voluntary and uncompensated services of any

individual who holds an amateur station operator license of a

higher class than the class of license for which the examination is

being prepared or administered. In the case of examinations for the

highest class of amateur station operator license, the Commission

may accept and employ such services of any individual who holds

such class of license.

(B)(i) The Commission, for purposes of monitoring violations of

any provision of this chapter (and of any regulation prescribed by

the Commission under this chapter) relating to the amateur radio

service, may -

(I) recruit and train any individual licensed by the Commission

to operate an amateur station; and

(II) accept and employ the voluntary and uncompensated services

of such individual.

(ii) The Commission, for purposes of recruiting and training

individuals under clause (i) and for purposes of screening,

annotating, and summarizing violation reports referred under clause

(i), may accept and employ the voluntary and uncompensated services

of any amateur station operator organization.

(iii) The functions of individuals recruited and trained under

this subparagraph shall be limited to -

(I) the detection of improper amateur radio transmissions;

(II) the conveyance to Commission personnel of information

which is essential to the enforcement of this chapter (or

regulations prescribed by the Commission under this chapter)

relating to the amateur radio service; and

(III) issuing advisory notices, under the general direction of

the Commission, to persons who apparently have violated any

provision of this chapter (or regulations prescribed by the

Commission under this chapter) relating to the amateur radio

service.

Nothing in this clause shall be construed to grant individuals

recruited and trained under this subparagraph any authority to

issue sanctions to violators or to take any enforcement action

other than any action which the Commission may prescribe by rule.

(C)(i) The Commission, for purposes of monitoring violations of

any provision of this chapter (and of any regulation prescribed by

the Commission under this chapter) relating to the citizens band

radio service, may -

(I) recruit and train any citizens band radio operator; and

(II) accept and employ the voluntary and uncompensated services

of such operator.

(ii) The Commission, for purposes of recruiting and training

individuals under clause (i) and for purposes of screening,

annotating, and summarizing violation reports referred under clause

(i), may accept and employ the voluntary and uncompensated services

of any citizens band radio operator organization. The Commission,

in accepting and employing services of individuals under this

subparagraph, shall seek to achieve a broad representation of

individuals and organizations interested in citizens band radio

operation.

(iii) The functions of individuals recruited and trained under

this subparagraph shall be limited to -

(I) the detection of improper citizens band radio

transmissions;

(II) the conveyance to Commission personnel of information

which is essential to the enforcement of this chapter (or

regulations prescribed by the Commission under this chapter)

relating to the citizens band radio service; and

(III) issuing advisory notices, under the general direction of

the Commission, to persons who apparently have violated any

provision of this chapter (or regulations prescribed by the

Commission under this chapter) relating to the citizens band

radio service.

Nothing in this clause shall be construed to grant individuals

recruited and trained under this subparagraph any authority to

issue sanctions to violators or to take any enforcement action

other than any action which the Commission may prescribe by rule.

(D) The Commission shall have the authority to endorse

certification of individuals to perform transmitter installation,

operation, maintenance, and repair duties in the private land

mobile services and fixed services (as defined by the Commission by

rule) if such certification programs are conducted by organizations

or committees which are representative of the users in those

services and which consist of individuals who are not officers or

employees of the Federal Government.

(E) The authority of the Commission established in this paragraph

shall not be subject to or affected by the provisions of part III

of title 5 or section 1342 of title 31.

(F) Any person who provides services under this paragraph shall

not be considered, by reason of having provided such services, a

Federal employee.

(G) The Commission, in accepting and employing services of

individuals under subparagraphs (A) and (B), shall seek to achieve

a broad representation of individuals and organizations interested

in amateur station operation.

(H) The Commission may establish rules of conduct and other

regulations governing the service of individuals under this

paragraph.

(I) With respect to the acceptance of voluntary uncompensated

services for the preparation, processing, or administration of

examinations for amateur station operator licenses pursuant to

subparagraph (A) of this paragraph, individuals, or organizations

which provide or coordinate such authorized volunteer services may

recover from examinees reimbursement for out-of-pocket costs.

(5)(A) The Commission, for purposes of preparing and

administering any examination for a commercial radio operator

license or endorsement, may accept and employ the services of

persons that the Commission determines to be qualified. Any person

so employed may not receive compensation for such services, but may

recover from examinees such fees as the Commission permits,

considering such factors as public service and cost estimates

submitted by such person.

(B) The Commission may prescribe regulations to select, oversee,

sanction, and dismiss any person authorized under this paragraph to

be employed by the Commission.

(C) Any person who provides services under this paragraph or who

provides goods in connection with such services shall not, by

reason of having provided such service or goods, be considered a

Federal or special government employee.

(g) Expenditures

(1) The Commission may make such expenditures (including

expenditures for rent and personal services at the seat of

government and elsewhere, for office supplies, law books,

periodicals, and books of reference, for printing and binding, for

land for use as sites for radio monitoring stations and related

facilities, including living quarters where necessary in remote

areas, for the construction of such stations and facilities, and

for the improvement, furnishing, equipping, and repairing of such

stations and facilities and of laboratories and other related

facilities (including construction of minor subsidiary buildings

and structures not exceeding $25,000 in any one instance) used in

connection with technical research activities), as may be necessary

for the execution of the functions vested in the Commission and as

may be appropriated for by the Congress in accordance with the

authorizations of appropriations established in section 156 of this

title. All expenditures of the Commission, including all necessary

expenses for transportation incurred by the commissioners or by

their employees, under their orders, in making any investigation or

upon any official business in any other places than in the city of

Washington, shall be allowed and paid on the presentation of

itemized vouchers therefor approved by the chairman of the

Commission or by such other member or officer thereof as may be

designated by the Commission for that purpose.

(2)(A) If -

(i) the necessary expenses specified in the last sentence of

paragraph (1) have been incurred for the purpose of enabling

commissioners or employees of the Commission to attend and

participate in any convention, conference, or meeting;

(ii) such attendance and participation are in furtherance of

the functions of the Commission; and

(iii) such attendance and participation are requested by the

person sponsoring such convention, conference, or meeting;

then the Commission shall have authority to accept direct

reimbursement from such sponsor for such necessary expenses.

(B) The total amount of unreimbursed expenditures made by the

Commission for travel for any fiscal year, together with the total

amount of reimbursements which the Commission accepts under

subparagraph (A) for such fiscal year, shall not exceed the level

of travel expenses appropriated to the Commission for such fiscal

year.

(C) The Commission shall submit to the appropriate committees of

the Congress, and publish in the Federal Register, quarterly

reports specifying reimbursements which the Commission has accepted

under this paragraph.

(D) The provisions of this paragraph shall cease to have any

force or effect at the end of fiscal year 1994.

(E) Funds which are received by the Commission as reimbursements

under the provisions of this paragraph after the close of a fiscal

year shall remain available for obligation.

(3)(A) Notwithstanding any other provision of law, in furtherance

of its functions the Commission is authorized to accept, hold,

administer, and use unconditional gifts, donations, and bequests of

real, personal, and other property (including voluntary and

uncompensated services, as authorized by section 3109 of title 5).

(B) The Commission, for purposes of providing radio club and

military-recreational call signs, may utilize the voluntary,

uncompensated, and unreimbursed services of amateur radio

organizations authorized by the Commission that have tax-exempt

status under section 501(c)(3) of title 26.

(C) For the purpose of Federal law on income taxes, estate taxes,

and gift taxes, property or services accepted under the authority

of subparagraph (A) shall be deemed to be a gift, bequest, or

devise to the United States.

(D) The Commission shall promulgate regulations to carry out the

provisions of this paragraph. Such regulations shall include

provisions to preclude the acceptance of any gift, bequest, or

donation that would create a conflict of interest or the appearance

of a conflict of interest.

(h) Quorum; seal

Three members of the Commission shall constitute a quorum

thereof. The Commission shall have an official seal which shall be

judicially noticed.

(i) Duties and powers

The Commission may perform any and all acts, make such rules and

regulations, and issue such orders, not inconsistent with this

chapter, as may be necessary in the execution of its functions.

(j) Conduct of proceedings; hearings

The Commission may conduct its proceedings in such manner as will

best conduce to the proper dispatch of business and to the ends of

justice. No commissioner shall participate in any hearing or

proceeding in which he has a pecuniary interest. Any party may

appear before the Commission and be heard in person or by attorney.

Every vote and official act of the Commission shall be entered of

record, and its proceedings shall be public upon the request of any

party interested. The Commission is authorized to withhold

publication of records or proceedings containing secret information

affecting the national defense.

(k) Annual reports to Congress

The Commission shall make an annual report to Congress, copies of

which shall be distributed as are other reports transmitted to

Congress. Such reports shall contain -

(1) such information and data collected by the Commission as

may be considered of value in the determination of questions

connected with the regulation of interstate and foreign wire and

radio communication and radio transmission of energy;

(2) such information and data concerning the functioning of the

Commission as will be of value to Congress in appraising the

amount and character of the work and accomplishments of the

Commission and the adequacy of its staff and equipment;

(3) an itemized statement of all funds expended during the

preceding year by the Commission, of the sources of such funds,

and of the authority in this chapter or elsewhere under which

such expenditures were made; and

(4) specific recommendations to Congress as to additional

legislation which the Commission deems necessary or desirable,

including all legislative proposals submitted for approval to the

Director of the Office of Management and Budget.

(l) Record of reports

All reports of investigations made by the Commission shall be

entered of record, and a copy thereof shall be furnished to the

party who may have complained, and to any common carrier or

licensee that may have been complained of.

(m) Publication of reports; admissibility as evidence

The Commission shall provide for the publication of its reports

and decisions in such form and manner as may be best adapted for

public information and use, and such authorized publications shall

be competent evidence of the reports and decisions of the

Commission therein contained in all courts of the United States and

of the several States without any further proof or authentication

thereof.

(n) Compensation of appointees

Rates of compensation of persons appointed under this section

shall be subject to the reduction applicable to officers and

employees of the Federal Government generally.

(o) Use of communications in safety of life and property

For the purpose of obtaining maximum effectiveness from the use

of radio and wire communications in connection with safety of life

and property, the Commission shall investigate and study all phases

of the problem and the best methods of obtaining the cooperation

and coordination of these systems.

-SOURCE-

(June 19, 1934, ch. 652, title I, Sec. 4, 48 Stat. 1066; Jan. 22,

1936, ch. 25, 49 Stat. 1098; May 20, 1937, ch. 229, Secs. 3, 4, 50

Stat. 190; Mar. 23, 1941, ch. 24, 55 Stat. 46; July 16, 1952, ch.

879, Sec. 3, 66 Stat. 711; Aug. 13, 1954, ch. 735, Sec. 2, 68 Stat.

729; Pub. L. 86-533, Sec. 1(24), June 29, 1960, 74 Stat. 249; Pub.

L. 86-619, Sec. 2, July 12, 1960, 74 Stat. 407; Pub. L. 86-752,

Sec. 2, Sept. 13, 1960, 74 Stat. 889; Pub. L. 97-35, title XII,

Sec. 1251(b), Aug. 13, 1981, 95 Stat. 738; Pub. L. 97-253, title V,

Sec. 501(b)(1)-(3), Sept. 8, 1982, 96 Stat. 805, 806; Pub. L.

97-259, title I, Secs. 102-104, Sept. 13, 1982, 96 Stat. 1087-1089;

Pub. L. 98-214, Secs. 10, 11, Dec. 8, 1983, 97 Stat. 1471; Pub. L.

99-272, title V, Sec. 5002(b), Apr. 7, 1986, 100 Stat. 118; Pub. L.

99-334, Sec. 1(a), June 6, 1986, 100 Stat. 513; Pub. L. 100-594,

Sec. 3, Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101-396, Secs. 3, 4,

Sept. 28, 1990, 104 Stat. 848, 849; Pub. L. 102-538, title II,

Secs. 201, 208, Oct. 27, 1992, 106 Stat. 3542, 3543; Pub. L.

103-414, title III, Sec. 303(a)(1), Oct. 25, 1994, 108 Stat. 4294;

Pub. L. 104-66, title II, Sec. 2051(b), Dec. 21, 1995, 109 Stat.

729; Pub. L. 104-104, title IV, Sec. 403(a), (b), Feb. 8, 1996, 110

Stat. 130.)

-REFTEXT-

REFERENCES IN TEXT

Level III and level IV of the Executive Schedule, referred to in

subsec. (d), are set out in sections 5314 and 5315, respectively,

of Title 5, Government Organization and Employees.

The civil-service laws, referred to in subsec. (f)(1), (2), are

set forth in Title 5. See particularly, section 3301 et seq. of

Title 5.

Part II of subchapter III of this chapter, referred to in subsec.

(f)(3), is classified to section 351 et seq. of this title.

Provisions of part III of title 5, referred to in subsec.

(f)(4)(E), are classified to section 2101 et seq. of Title 5,

Government Organization and Employees.

Federal law on income taxes, estate taxes, and gift taxes,

referred to in subsec. (g)(3)(C), is classified generally to Title

26, Internal Revenue Code.

-COD-

CODIFICATION

In subsec. (f)(1), (2) "chapter 51 and subchapter III of chapter

53 of title 5" substituted for "the Classification of 1949" on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

In subsec. (f)(4)(E), "section 1342 of title 31" substituted for

"section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))" on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-MISC1-

AMENDMENTS

1996 - Subsec. (f)(3). Pub. L. 104-104, Sec. 403(b), inserted

before period at end ": and Provided further, That, in the

alternative, an entity designated by the Commission may make the

inspections referred to in this paragraph".

Subsec. (f)(4)(A). Pub. L. 104-104, Sec. 403(a)(1), in first

sentence, inserted "or administering" after "for purposes of

preparing", "of" after "than the class", and "or administered"

after "being prepared".

Subsec. (f)(4)(B). Pub. L. 104-104, Sec. 403(a)(2), (5),

redesignated subpar. (C) as (B) and struck out former subpar. (B)

which read as follows: "The Commission, for purposes of

administering any examination for an amateur station operator

license, may accept and employ the voluntary and uncompensated

services of any individual who holds an amateur station operator

license of a higher class than the class license for which the

examination is being conducted. In the case of examinations for the

highest class of amateur station operator license, the Commission

may accept and employ such services of any individual who holds

such class of license. Any person who owns a significant interest

in, or is an employee of, any company or other entity which is

engaged in the manufacture or distribution of equipment used in

connection with amateur radio transmissions, or in the preparation

or distribution of any publication used in preparation for

obtaining amateur station operator licenses, shall not be eligible

to render any service under this subparagraph."

Subsec. (f)(4)(C) to (G). Pub. L. 104-104, Sec. 403(a)(5),

redesignated subpars. (D) to (H) as (C) to (G), respectively.

Former subpar. (C) redesignated (B).

Subsec. (f)(4)(H). Pub. L. 104-104, Sec. 403(a)(5), redesignated

subpar. (I) as (H). Former subpar. (H) redesignated (G).

Pub. L. 104-104, Sec. 403(a)(3), substituted "subparagraphs (A)

and (B)" for "subparagraphs (A), (B), and (C)".

Subsec. (f)(4)(I). Pub. L. 104-104, Sec. 403(a)(5), redesignated

subpar. (J) as (I). Former subpar. (I) redesignated (H).

Subsec. (f)(4)(J). Pub. L. 104-104, Sec. 403(a)(4), (5),

redesignated subpar. (J) as (I) and substituted "subparagraph (A)

of this paragraph" for "subparagraph (A) or (B) of this paragraph"

and struck out last sentence which read as follows: "The total

amount of allowable cost reimbursement per examinee shall not

exceed $4, adjusted annually every January 1 for changes in the

Department of Labor Consumer Price Index."

1995 - Subsec. (f)(4)(J). Pub. L. 104-66 struck out at end "Such

individuals and organizations shall maintain records of

out-of-pocket expenditures and shall certify annually to the

Commission that all costs for which reimbursement was obtained were

necessarily and prudently incurred."

1994 - Subsec. (f)(3). Pub. L. 103-414 substituted "overtime

extends beyond" for "overtime exceeds beyond".

1992 - Subsec. (g)(2)(D). Pub. L. 102-538, Sec. 201, substituted

"1994" for "1992".

Subsec. (g)(3). Pub. L. 102-538, Sec. 208, added par. (3).

1990 - Subsec. (f)(5). Pub. L. 101-396, Sec. 3, added par. (5).

Subsec. (g)(2)(D). Pub. L. 101-396, Sec. 4, substituted "1992"

for "1989".

1988 - Subsec. (g)(2)(D). Pub. L. 100-594 substituted "1989" for

"1987".

1986 - Subsec. (c). Pub. L. 99-334 substituted "five years" for

"seven years".

Subsec. (g)(2)(D). Pub. L. 99-272, Sec. 5002(b)(1), substituted

"1987" for "1985".

Subsec. (g)(2)(E). Pub. L. 99-272, Sec. 5002(b)(2), added subpar.

(E).

1983 - Subsec. (f)(4)(E) to (I). Pub. L. 98-214, Sec. 10, added

subpar. (E) and redesignated existing subpars. (E) to (H) as (F) to

(I), respectively.

Subsec. (f)(4)(J). Pub. L. 98-214, Sec. 11, added subpar. (J).

1982 - Subsec. (a). Pub. L. 97-253, Sec. 501(b)(1), substituted

"five" for "seven".

Subsec. (b). Pub. L. 97-259, Sec. 102, amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "Each

member of the Commission shall be a citizen of the United States.

No member of the Commission or person in its employ shall be

financially interested in the manufacture or sale of radio

apparatus or of apparatus for wire or radio communication; in

communication by wire or radio or in radio transmission of energy;

in any company furnishing services or such apparatus to any company

engaged in communication by wire or radio or to any company

manufacturing or selling apparatus used for communication by wire

or radio; or in any company owning stocks, bonds, or other

securities of any such company; nor be in the employ of or hold any

official relation to any person subject to any of the provisions of

this chapter, nor own stocks, bonds, or other securities of any

corporation subject to any of the provisions of this chapter. Such

commissioners shall not engage in any other business, vocation,

profession, or employment. Any such commissioner serving as such

after one year from July 16, 1952, shall not for a period of one

year following the termination of his services as a commissioner

represent any person before the Commission in a professional

capacity, except that this restriction shall not apply to any

commissioner who has served the full term for which he was

appointed. Not more than four members of the Commission shall be

members of the same political party."

Pub. L. 97-253, Sec. 501(b)(2), amended last sentence of subsec.

(b), prior to the general amendment by Pub. L. 97-259, by

substituting language identical to that contained in par. (5), as

added by Pub. L. 97-259.

Subsec. (c). Pub. L. 97-259, Sec. 103(a), struck out "The" before

"commissioners" at beginning of subsection, immediately thereafter

struck out "first appointed under this chapter shall continue in

office for the terms of one, two, three, four, five, six, and seven

years, respectively, from the date of the taking effect of this

chapter, the term of each to be designated by the President, but

their successors", and substituted "been confirmed and taken the

oath of office" for "qualified".

Subsec. (d). Pub. L. 97-259, Sec. 103(b), amended subsec. (d)

generally, relating to the annual salary rate for the Chairman and

Commissioners.

Subsec. (f)(2). Pub. L. 97-259, Sec. 103(c), substituted "three

professional assistants" for "a legal assistant, an engineering

assistant,".

Subsec. (f)(4). Pub. L. 97-259, Sec. 104, added par. (4).

Subsec. (g). Pub. L. 97-259, Sec. 103(d), designated existing

provisions as par. (1) and added par. (2).

Subsec. (h). Pub. L. 97-253, Sec. 501(b)(3), substituted "Three"

for "Four".

Subsec. (k)(2). Pub. L. 97-259, Sec. 103(e), struck out proviso

after "its staff and equipment", relating to the content of first

and second annual reports after the enactment of the Communications

Act Amendments of 1952.

Subsec. (k)(3). Pub. L. 97-259, Sec. 103(f), redesignated par.

(4) as (3).

Subsec. (k)(4), (5). Pub. L. 97-259, Sec. 103(f), (g),

redesignated par. (5) as (4) and substituted "Office of Management

and Budget" for "Bureau of the Budget". Former par. (4)

redesignated (3).

1981 - Subsec. (g). Pub. L. 97-35 substituted requirement

respecting authorizations under section 156 of this title, for

provisions respecting appropriations from time to time.

1960 - Subsec. (b). Pub. L. 86-752 struck out provision that

permitted commissioners to accept "reasonable honorarium or

compensation" for "the presentation or delivery of publications or

papers".

Subsec. (c). Pub. L. 86-619 provided for continuation in office

of the commissioners upon termination of their term until their

successors are appointed and have qualified, not beyond expiration

of next session of Congress subsequent to the expiration of said

fixed term of office.

Subsec. (k)(3). Pub. L. 86-533 repealed par. (3) which required

the report to contain information with respect to all persons taken

into the employment of the Commission during the preceding year,

together with the names of those persons who left the employ of the

Commission during the year.

1954 - Subsec. (f)(3). Act Aug. 13, 1954, substituted "engineers"

for "inspectors" and "Field Engineering and Monitoring Bureau of

the Federal Communications Commission" for "Field Division of the

Engineering Department of the Federal Communications Commission"

and extended provisions to include inspections required pursuant to

the Great Lakes Agreement.

1952 - Subsec. (b). Act July 16, 1952, Sec. 3(a), prohibited

commissioners from engaging in any other work except that they may

present or deliver papers for an honorarium, and prohibited any

commissioner from appearing before the Commission in a professional

capacity for 1 year after termination of his services except that

this prohibition would not apply where commissioner has completed

his full term.

Subsec. (f). Act July 16, 1952, Sec. 3(b), authorized Commission

to appoint employees, allowed each commissioner to appoint a legal

assistant, and a secretary, and allowed the Chairman to appoint an

administrative assistant.

Subsec. (g). Act July 16, 1952, Sec. 3(c), authorized Commission

to acquire land for monitoring stations and related facilities.

Subsec. (k). Act July 16, 1952, Sec. 3(d), required Commission to

make more detailed reports to Congress.

1941 - Subsec. (f). Act Mar. 23, 1941, designated existing

provisions as par. (1) and added par. (2).

1937 - Subsec. (k). Act May 20, 1937, inserted provisions that

the Commission report to Congress annually at the beginning session

of the Congress whether new wire or radio communication legislation

is necessary and make specific recommendations thereof to Congress.

Subsec. (o). Act May 20, 1937, added subsec. (o).

1936 - Subsec. (f). Act Jan. 22, 1936, inserted references to a

chief accountant and three assistants.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1(b) of Pub. L. 99-334 provided that: "The amendment made

by subsection (a) of this section [amending this section] shall

take effect on the date of enactment of this Act [June 6, 1986,

except that -

"(1) upon the expiration of the term of office prescribed by

law to occur on June 30, 1986, any person appointed as a member

of the Federal Communications Commission to fill such office for

the term following such date shall be eligible to serve until

June 30, 1990, and any person appointed as a member of the

Federal Communications Commission to the term of office

prescribed by law to expire on June 30, 1987, shall be eligible

to serve until June 30, 1989; and

"(2) notwithstanding the provisions of subsection (a) of this

section [amending this section], persons appointed as members of

the Federal Communications Commission to terms of office

prescribed by law to expire on June 30, 1988, June 30, 1991, and

June 30, 1992, shall be eligible to serve until the expiration of

the term of office on June 30, 1988, June 30, 1991, and June 30,

1992, whichever is applicable."

EFFECTIVE DATE OF 1982 AMENDMENT

Section 501(b)(4) of Pub. L. 97-253 provided that: "The

amendments made in paragraphs (1), (2), and (3) of this subsection

[amending this section] shall take effect on July 1, 1983."

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Aug. 13, 1954, effective Nov. 13, 1954, see

section 6 of act Aug. 13, 1954, set out as an Effective Date note

under section 507 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in

subsecs. (g)(2)(C) and (k) of this section relating to requirements

to submit regular periodic reports to Congress, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and the 5th and 9th items on page 167

of House Document No. 103-7.

-TRANS-

TRANSFER OF FUNCTIONS

All offices of collector of customs, referred to in subsec.

(f)(3), in Bureau of Customs of Department of the Treasury to which

appointments were required to be made by President with advice and

consent of Senate ordered abolished with such offices to be

terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of

1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in

the Appendix to Title 5, Government Organization and Employees. All

functions of offices eliminated were already vested in Secretary of

the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15

F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

-MISC2-

OLDER AMERICANS PROGRAM

Section 6 of Pub. L. 100-594, as amended by Pub. L. 101-396, Sec.

5, Sept. 28, 1990, 104 Stat. 849; Pub. L. 102-538, title II, Sec.

212, Oct. 27, 1992, 106 Stat. 3545, provided that:

"(a) During fiscal years 1992 and 1993, the Federal

Communications Commission is authorized to make grants to, or enter

into cooperative agreements with, private nonprofit organizations

designated by the Secretary of Labor under title V of the Older

Americans Act of 1965 (42 U.S.C. 3056 et seq.) to utilize the

talents of older Americans in programs authorized by other

provisions of law administered by the Commission (and consistent

with such provisions of law) in providing technical and

administrative assistance for projects related to the

implementation, promotion, or enforcement of the regulations of the

Commission.

"(b) Prior to awarding any grant or entering into any agreement

under subsection (a), the Office of the Managing Director of the

Commission shall certify to the Commission that such grant or

agreement will not -

"(1) result in the displacement of individuals currently

employed by the Commission;

"(2) result in the employment of any individual when any other

individual is on layoff status from the same or a substantially

equivalent job within the jurisdiction of the Commission; or

"(3) affect existing contracts for services.

"(c) Participants in any program under a grant or cooperative

agreement pursuant to this section shall -

"(1) execute a signed statement with the Commission in which

such participants certify that they will adhere to the standards

of conduct prescribed for regular employees of the Commission, as

set forth in part 19 of title 47, Code of Federal Regulations;

and

"(2) execute a confidential statement of employment and

financial interest (Federal Communications Commission Form A-54)

prior to commencement of work under the program.

Failure to comply with the terms of the signed statement described

in paragraph (1) shall result in termination of the individual

under the grant or agreement.

"(d) Nothing in this section shall be construed to permit

employment of any such participant in any decisionmaking or

policymaking position.

"(e) Grants or agreements under this section shall be subject to

prior appropriation Acts."

EXPIRATION OF COMMISSIONERS' TERMS

Pub. L. 97-253, title V, Sec. 501(a), Sept. 8, 1982, 96 Stat.

805, provided that: "Upon expiration of the term of office as a

member of the Federal Communications Commission, which is

prescribed by law to occur on June 30, 1982, any member appointed

to fill such office after such date shall be appointed for a term

which ends on June 30, 1983, and such office shall be abolished on

July 1, 1983. Upon expiration of the term of office as a member of

such Commission, which -

"(1) is prescribed by law;

"(2) is in effect before the date of the enactment of this Act

[Sept. 8, 1982]; and

"(3) is to occur on June 30, 1983;

no person shall be appointed to fill such office after such date,

and such office shall be abolished on July 1, 1983."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 309, 607 of this title;

title 5 section 5549.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

47 USC Sec. 155 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 155. Commission

-STATUTE-

(a) Chairman; duties; vacancy

The member of the Commission designated by the President as

chairman shall be the chief executive officer of the Commission. It

shall be his duty to preside at all meetings and sessions of the

Commission, to represent the Commission in all matters relating to

legislation and legislative reports, except that any commissioner

may present his own or minority views or supplemental reports, to

represent the Commission in all matters requiring conferences or

communications with other governmental officers, departments or

agencies, and generally to coordinate and organize the work of the

Commission in such manner as to promote prompt and efficient

disposition of all matters within the jurisdiction of the

Commission. In the case of a vacancy in the office of the chairman

of the Commission, or the absence or inability of the chairman to

serve, the Commission may temporarily designate one of its members

to act as chairman until the cause or circumstance requiring such

designation shall have been eliminated or corrected.

(b) Organization of staff

From time to time as the Commission may find necessary, the

Commission shall organize its staff into (1) integrated bureaus, to

function on the basis of the Commission's principal workload

operations, and (2) such other divisional organizations as the

Commission may deem necessary. Each such integrated bureau shall

include such legal, engineering, accounting, administrative,

clerical, and other personnel as the Commission may determine to be

necessary to perform its functions.

(c) Delegation of functions; exceptions to initial orders; force,

effect and enforcement of orders; administrative and judicial

review; qualifications and compensation of delegates; assignment

of cases; separation of review and investigative or prosecuting

functions; secretary; seal

(1) When necessary to the proper functioning of the Commission

and the prompt and orderly conduct of its business, the Commission

may, by published rule or by order, delegate any of its functions

(except functions granted to the Commission by this paragraph and

by paragraphs (4), (5), and (6) of this subsection and except any

action referred to in sections 204(a)(2), 208(b), and 405(b) of

this title) to a panel of commissioners, an individual

commissioner, an employee board, or an individual employee,

including functions with respect to hearing, determining, ordering,

certifying, reporting, or otherwise acting as to any work,

business, or matter; except that in delegating review functions to

employees in cases of adjudication (as defined in section 551 of

title 5), the delegation in any such case may be made only to an

employee board consisting of two or more employees referred to in

paragraph (8) of this subsection. Any such rule or order may be

adopted, amended, or rescinded only by a vote of a majority of the

members of the Commission then holding office. Except for cases

involving the authorization of service in the instructional

television fixed service, or as otherwise provided in this chapter,

nothing in this paragraph shall authorize the Commission to provide

for the conduct, by any person or persons other than persons

referred to in paragraph (2) or (3) of section 556(b) of title 5,

of any hearing to which such section applies.

(2) As used in this subsection the term "order, decision, report,

or action" does not include an initial, tentative, or recommended

decision to which exceptions may be filed as provided in section

409(b) of this title.

(3) Any order, decision, report, or action made or taken pursuant

to any such delegation, unless reviewed as provided in paragraph

(4) of this subsection, shall have the same force and effect, and

shall be made, evidenced, and enforced in the same manner, as

orders, decisions, reports, or other actions of the Commission.

(4) Any person aggrieved by any such order, decision, report or

action may file an application for review by the Commission within

such time and in such manner as the Commission shall prescribe, and

every such application shall be passed upon by the Commission. The

Commission, on its own initiative, may review in whole or in part,

at such time and in such manner as it shall determine, any order,

decision, report, or action made or taken pursuant to any

delegation under paragraph (1) of this subsection.

(5) In passing upon applications for review, the Commission may

grant, in whole or in part, or deny such applications without

specifying any reasons therefor. No such application for review

shall rely on questions of fact or law upon which the panel of

commissioners, individual commissioner, employee board, or

individual employee has been afforded no opportunity to pass.

(6) If the Commission grants the application for review, it may

affirm, modify, or set aside the order, decision, report, or

action, or it may order a rehearing upon such order, decision,

report, or action in accordance with section 405 of this title.

(7) The filing of an application for review under this subsection

shall be a condition precedent to judicial review of any order,

decision, report, or action made or taken pursuant to a delegation

under paragraph (1) of this subsection. The time within which a

petition for review must be filed in a proceeding to which section

402(a) of this title applies, or within which an appeal must be

taken under section 402(b) of this title, shall be computed from

the date upon which public notice is given of orders disposing of

all applications for review filed in any case.

(8) The employees to whom the Commission may delegate review

functions in any case of adjudication (as defined in section 551 of

title 5) shall be qualified, by reason of their training,

experience, and competence, to perform such review functions, and

shall perform no duties inconsistent with such review functions.

Such employees shall be in a grade classification or salary level

commensurate with their important duties, and in no event less than

the grade classification or salary level of the employee or

employees whose actions are to be reviewed. In the performance of

such review functions such employees shall be assigned to cases in

rotation so far as practicable and shall not be responsible to or

subject to the supervision or direction of any officer, employee,

or agent engaged in the performance of investigative or prosecuting

functions for any agency.

(9) The secretary and seal of the Commission shall be the

secretary and seal of each panel of the Commission, each individual

commissioner, and each employee board or individual employee

exercising functions delegated pursuant to paragraph (1) of this

subsection.

(d) Meetings

Meetings of the Commission shall be held at regular intervals,

not less frequently than once each calendar month, at which times

the functioning of the Commission and the handling of its work load

shall be reviewed and such orders shall be entered and other action

taken as may be necessary or appropriate to expedite the prompt and

orderly conduct of the business of the Commission with the

objective of rendering a final decision (1) within three months

from the date of filing in all original application, renewal, and

transfer cases in which it will not be necessary to hold a hearing,

and (2) within six months from the final date of the hearing in all

hearing cases.

(e) Managing Director; appointment, functions, pay

The Commission shall have a Managing Director who shall be

appointed by the Chairman subject to the approval of the

Commission. The Managing Director, under the supervision and

direction of the Chairman, shall perform such administrative and

executive functions as the Chairman shall delegate. The Managing

Director shall be paid at a rate equal to the rate then payable for

level V of the Executive Schedule.

-SOURCE-

(June 19, 1934, ch. 652, title I, Sec. 5, 48 Stat. 1068; July 16,

1952, ch. 879, Sec. 4, 66 Stat. 712; Pub. L. 87-192, Secs. 1, 2,

Aug. 31, 1961, 75 Stat. 420; Pub. L. 96-470, title I, Sec. 116,

Oct. 19, 1980, 94 Stat. 2240; Pub. L. 97-35, title XII, Sec. 1252,

Aug. 13, 1981, 95 Stat. 738; Pub. L. 97-259, title I, Sec. 105,

Sept. 13, 1982, 96 Stat. 1091; Pub. L. 99-272, title V, Sec.

5002(c), Apr. 7, 1986, 100 Stat. 118; Pub. L. 100-594, Secs. 4,

8(a), Nov. 3, 1988, 102 Stat. 3021, 3023; Pub. L. 103-414, title

III, Sec. 303(a)(2), Oct. 25, 1994, 108 Stat. 4294; Pub. L.

104-104, title IV, Sec. 403(c), Feb. 8, 1996, 110 Stat. 130.)

-REFTEXT-

REFERENCES IN TEXT

Level V of the Executive Schedule, referred to in subsec. (e), is

set out in section 5316 of Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

In subsec. (c)(1), (8), "adjudication (as defined in section 551

of title 5)" substituted for "adjudication (as defined in the

Administrative Procedure Act)", and in subsec. (c)(1) "section

556(b) of title 5" substituted for references to "section 7(a) of

the Administrative Procedure Act", on authority of Pub. L. 89-554,

Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which

enacted Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(1). Pub. L. 104-104 inserted last sentence and

struck out former last sentence which read as follows: "Nothing in

this paragraph shall authorize the Commission to provide for the

conduct, by any person or persons other than persons referred to in

clauses (2) and (3) of section 556(b) of title 5, of any hearing to

which such section 556(b) applies."

1994 - Subsecs. (e), (f). Pub. L. 103-414 redesignated subsec.

(f) as (e).

1988 - Subsec. (c)(1). Pub. L. 100-594, Sec. 8(a), inserted "and

except any action referred to in sections 204(a)(2), 208(b), and

405(b) of this title" after "and (6) of this subsection" in first

sentence.

Subsec. (g). Pub. L. 100-594, Sec. 4, struck out subsec. (g)

which required an annual report to Congress and specified its

contents.

1986 - Subsec. (g). Pub. L. 99-272 substituted "March 31" for

"January 31".

1982 - Subsec. (b). Pub. L. 97-259, Sec. 105(a), substituted

"From" for "Within six months after July 16, 1952, and from" at

beginning of subsection, and struck out "thereafter" after "time to

time".

Subsecs. (c) to (e). Pub. L. 97-259, Sec. 105(b), (c),

redesignated subsecs. (d) and (e) as (c) and (d), respectively, and

in par. (1) of subsec. (c), as so redesignated, substituted "two"

for "three" after "employee board consisting of".

1981 - Subsecs. (f), (g). Pub. L. 97-35 added subsecs. (f) and

(g).

1980 - Subsec. (e). Pub. L. 96-470 struck out "; and the

Commission shall promptly report to the Congress each such case

which has been pending before it more than such three- or six-month

period, respectively, stating the reasons therefor" after "hearing

cases".

1961 - Subsec. (c). Pub. L. 87-192, Sec. 1, repealed subsec. (c)

which provided for establishment of review staff, its composition,

responsibility and duties.

Subsec. (d)(1). Pub. L. 87-192, Sec. 2, substituted provisions

which authorized the delegation of functions by published rule or

by order to a panel of commissioners, and individual commissioner,

an employee board, or an individual employee, and of review

functions to an employee board of three or more employees,

enumerated the functions to be delegated, with stated exceptions,

and prescribed majority vote for order delegating review functions

for former provision which authorized the assignment of reference

of work, business or functions by order to an individual

commissioner or commissioners or to a board of one or more

employees and eliminated provision concerning force, effect and

enforcement of orders, now incorporated in par. (3) of this

subsection.

Subsec. (d)(2). Pub. L. 87-192, Sec. 2, added par. (2). The

subject matter was formerly covered by the introductory words of

former par. (1) of this subsection which read "Except as provided

in section 409 of this title." Sentences 1 and 2 of former par. (2)

redesignated pars. (4) and (6), respectively.

Subsec. (d)(3). Pub. L. 87-192, Sec. 2, redesignated second

sentence of former par. (1) as par. (3) and substituted therein

"report, or action made or taken pursuant to any such delegation,

unless reviewed as provided in paragraph (4), shall have" and

"other actions" for "report made, or other action taken, pursuant

to any such order of assignment or reference shall, unless reviewed

pursuant to paragraph (2), have" and "action", respectively. Former

par. (3) redesignated (9).

Subsec. (d)(4). Pub. L. 87-192, Sec. 2, redesignated first

sentence of former par. (2) as par. (4), included "action" in

enumeration, and inserted provision for review on initiative of the

Commission.

Subsec. (d)(5). Pub. L. 87-192, Sec. 2, added par. (5).

Subsec. (d)(6). Pub. L. 87-192, Sec. 2, redesignated second

sentence of former par. (2) as par. (6), inserting "for review"

after "applications" and substituting "the Commission", "the

order", "it may order" and "in accordance with" for "it", "such

order", "may order" and "under", respectively.

Subsec. (d)(7), (8). Pub. L. 87-192, Sec. 2, added pars. (7) and

(8).

Subsec. (d)(9). Pub. L. 87-192, Sec. 2, redesignated former par.

(3) as (9) and made it applicable to each panel of the Commission,

each employee board instead of each board, and each individual

employee.

1952 - Act July 16, 1952, amended section generally to provide

for the organization of the staff, integrated bureaus, and for a

review staff.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 405, 409 of this title.

-End-

-CITE-

47 USC Sec. 156 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 156. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated for the

administration of this chapter by the Commission $109,831,000 for

fiscal year 1990 and $119,831,000 for fiscal year 1991, together

with such sums as may be necessary for increases resulting from

adjustments in salary, pay, retirement, other employee benefits

required by law, and other nondiscretionary costs, for each of the

fiscal years 1990 and 1991.

(b) In addition to the amounts authorized to be appropriated

under this section, not more than 4 percent of the amount of any

fees or other charges payable to the United States which are

collected by the Commission during fiscal year 1990 are authorized

to be made available to the Commission until expended to defray the

fully distributed costs of such fees collection.

(c) Of the amounts appropriated pursuant to subsection (a) of

this section for fiscal year 1991, such sums as may be necessary

not to exceed $2,000,000 shall be expended for upgrading and

modernizing equipment at the Commission's electronic emissions test

laboratory located in Laurel, Maryland.

(d) Of the sum appropriated in any fiscal year under this

section, a portion, in an amount determined under section 159(b) of

this title, shall be derived from fees authorized by section 159 of

this title.

-SOURCE-

(June 19, 1934, ch. 652, title I, Sec. 6, as added Pub. L. 97-35,

title XII, Sec. 1251(a), Aug. 13, 1981, 95 Stat. 738; amended Pub.

L. 98-214, Sec. 2(a), Dec. 8, 1983, 97 Stat. 1467; Pub. L. 99-272,

title V, Sec. 5002(a)(1), Apr. 7, 1986, 100 Stat. 117; Pub. L.

100-594, Sec. 2(a), Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101-396,

Sec. 2(a), Sept. 28, 1990, 104 Stat. 848; Pub. L. 103-66, title VI,

Sec. 6003(b), Aug. 10, 1993, 107 Stat. 401.)

-MISC1-

AMENDMENTS

1993 - Subsec. (d). Pub. L. 103-66 added subsec. (d).

1990 - Pub. L. 101-396 amended section generally. Prior to

amendment, section read as follows: "There are authorized to be

appropriated for the administration of this chapter by the

Commission $107,250,000 for fiscal year 1988 and $109,250,000 for

fiscal year 1989, together with such sums as may be necessary for

increases resulting from adjustments in salary, pay, retirement,

other employee benefits required by law, and other nondiscretionary

costs, for each of the fiscal years 1988 and 1989."

1988 - Pub. L. 100-594 amended section generally. Prior to

amendment, section read as follows: "There are authorized to be

appropriated for the administration of this chapter by the

Commission $98,100,000 for fiscal year 1986 and $97,600,000 for

fiscal year 1987, together with such sums as may be necessary for

increases resulting from adjustments in salary, pay, retirement,

other employee benefits required by law, and other nondiscretionary

costs, for each of the fiscal years 1986 and 1987."

1986 - Pub. L. 99-272 amended section generally. Prior to

amendment, section read as follows: "There are authorized to be

appropriated for the administration of this chapter by the

Commission $91,156,000, together with such sums as may be necessary

for increases resulting from adjustments in salary, pay,

retirement, other employee benefits required by law, and other

nondiscretionary costs, for each of the fiscal years 1984 and

1985."

1983 - Pub. L. 98-214 substituted provisions authorizing

appropriations of $91,156,000 for each of the fiscal years 1984 and

1985 for provisions authorizing appropriations of $76,900,000 for

each of the fiscal years 1982 and 1983.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 2(b) of Pub. L. 100-594 provided that: "The amendment

made by subsection (a) of this section [amending this section]

shall apply with respect to fiscal years beginning after September

30, 1987."

EFFECTIVE DATE OF 1986 AMENDMENT

Section 5002(a)(2) of Pub. L. 99-272 provided that: "The

amendment made by paragraph (1) of this subsection [amending this

section] shall apply with respect to fiscal years beginning after

September 30, 1985."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 2(b) of Pub. L. 98-214 provided that: "The amendment made

by subsection (a) [amending this section] shall apply with respect

to fiscal years beginning after September 30, 1983."

AUTHORIZATION OF APPROPRIATIONS

Pub. L. 104-104, title VII, Sec. 710(a), (b), Feb. 8, 1996, 110

Stat. 160, provided that:

"(a) In General. - In addition to any other sums authorized by

law, there are authorized to be appropriated to the Federal

Communications Commission such sums as may be necessary to carry

out this Act [see Short Title of 1996 Amendment note set out under

section 609 of this title] and the amendments made by this Act.

"(b) Effect on Fees. - For the purposes of section 9(b)(2) (47

U.S.C. 159(b)(2)), additional amounts appropriated pursuant to

subsection (a) shall be construed to be changes in the amounts

appropriated for the performance of activities described in section

9(a) of the Communications Act of 1934 [47 U.S.C. 159(a)]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 154 of this title.

-End-

-CITE-

47 USC Sec. 157 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 157. New technologies and services

-STATUTE-

(a) It shall be the policy of the United States to encourage the

provision of new technologies and services to the public. Any

person or party (other than the Commission) who opposes a new

technology or service proposed to be permitted under this chapter

shall have the burden to demonstrate that such proposal is

inconsistent with the public interest.

(b) The Commission shall determine whether any new technology or

service proposed in a petition or application is in the public

interest within one year after such petition or application is

filed. If the Commission initiates its own proceeding for a new

technology or service, such proceeding shall be completed within 12

months after it is initiated.

-SOURCE-

(June 19, 1934, ch. 652, title I, Sec. 7, as added Pub. L. 98-214,

Sec. 12, Dec. 8, 1983, 97 Stat. 1471; amended Pub. L. 103-414,

title III, Sec. 304(a)(1), Oct. 25, 1994, 108 Stat. 4296.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-414 struck out "or twelve months

after December 8, 1983, if later" after "petition or application is

filed" and after "12 months after it is initiated".

ADVANCED TELECOMMUNICATIONS INCENTIVES

Pub. L. 104-104, title VII, Sec. 706, Feb. 8, 1996, 110 Stat.

153, as amended by Pub. L. 107-110, title X, Sec. 1076(gg), Jan. 8,

2002, 115 Stat. 2093, provided that:

"(a) In General. - The Commission and each State commission with

regulatory jurisdiction over telecommunications services shall

encourage the deployment on a reasonable and timely basis of

advanced telecommunications capability to all Americans (including,

in particular, elementary and secondary schools and classrooms) by

utilizing, in a manner consistent with the public interest,

convenience, and necessity, price cap regulation, regulatory

forbearance, measures that promote competition in the local

telecommunications market, or other regulating methods that remove

barriers to infrastructure investment.

"(b) Inquiry. - The Commission shall, within 30 months after the

date of enactment of this Act [Feb. 8, 1996], and regularly

thereafter, initiate a notice of inquiry concerning the

availability of advanced telecommunications capability to all

Americans (including, in particular, elementary and secondary

schools and classrooms) and shall complete the inquiry within 180

days after its initiation. In the inquiry, the Commission shall

determine whether advanced telecommunications capability is being

deployed to all Americans in a reasonable and timely fashion. If

the Commission's determination is negative, it shall take immediate

action to accelerate deployment of such capability by removing

barriers to infrastructure investment and by promoting competition

in the telecommunications market.

"(c) Definitions. - For purposes of this subsection:

"(1) Advanced telecommunications capability. - The term

'advanced telecommunications capability' is defined, without

regard to any transmission media or technology, as high-speed,

switched, broadband telecommunications capability that enables

users to originate and receive high-quality voice, data,

graphics, and video telecommunications using any technology.

"(2) Elementary and secondary schools. - The term 'elementary

and secondary schools' means elementary and secondary schools, as

defined in section 9101 of the Elementary and Secondary Education

Act of 1965 [20 U.S.C. 7801]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 225, 925, 927 of this

title.

-End-

-CITE-

47 USC Sec. 158 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 158. Application fees

-STATUTE-

(a) Assessment and collection

The Commission shall assess and collect application fees at such

rates as the Commission shall establish or at such modified rates

as it shall establish pursuant to the provisions of subsection (b)

of this section.

(b) Review and adjustment of Schedule by Commission; notification

to Congress; judicial review

(1) The Schedule of Application Fees established under this

section shall be reviewed by the Commission every two years after

October 1, 1991, and adjusted by the Commission to reflect changes

in the Consumer Price Index. Increases or decreases in application

fees shall apply to all categories of application fees, except that

individual fees shall not be adjusted until the increase or

decrease, as determined by the net change in the Consumer Price

Index since April 7, 1986, amounts to at least $5.00 in the case of

fees under $100.00, or 5 percent in the case of fees of $100.00 or

more. All fees which require adjustment will be rounded upward to

the next $5.00 increment. The Commission shall transmit to the

Congress notification of any such adjustment not later than 90 days

before the effective date of such adjustment.

(2) Increases or decreases in application fees made pursuant to

this subsection shall not be subject to judicial review.

(c) Additional application fee; assessment as penalty; amount;

dismissal of application or other filing

(1) The Commission shall prescribe by regulation an additional

application fee which shall be assessed as a penalty for late

payment of application fees required by subsection (a) of this

section. Such penalty shall be 25 percent of the amount of the

application fee which was not paid in a timely manner.

(2) The Commission may dismiss any application or other filing

for failure to pay in a timely manner any application fee or

penalty under this section.

(d) Inapplicability of application fees to certain radio services;

waiver or deferment of payment

(1) The application fees established under this section shall not

be applicable (A) to governmental entities and nonprofit entities

licensed in the following radio services: Local Government, Police,

Fire, Highway Maintenance, Forestry-Conservation, Public Safety,

and Special Emergency Radio, or (B) to governmental entities

licensed in other services.

(2) The Commission may waive or defer payment of an charge (!1)

in any specific instance for good cause shown, where such action

would promote the public interest.

(e) Deposit of moneys in general fund; reimbursement of United

States for administration of chapter

Moneys received from application fees established under this

section shall be deposited in the general fund of the Treasury to

reimburse the United States for amounts appropriated for use by the

Commission in carrying out its functions under this chapter.

(f) Rules and regulations

The Commission shall prescribe appropriate rules and regulations

to carry out the provisions of this section.

(g) Schedule of Application Fees

Until modified pursuant to subsection (b) of this section, the

Schedule of Application Fees which the Federal Communications

Commission shall prescribe pursuant to subsection (a) of this

section shall be as follows:

SCHEDULE OF APPLICATION FEES

Service Fee amount

PRIVATE RADIO SERVICES

1. Marine Coast Stations

a. New License (per station) $70.00

b. Modification of License (per station) 70.00

c. Renewal of License (per station) 70.00

d. Special Temporary Authority (Initial,

Modifications, Extensions) 100.00

e. Assignments (per station) 70.00

f. Transfers of Control (per station) 35.00

g. Request for Waiver

(i) Routine (per request) 105.00

(ii) Non-Routine (per rule section/per

station) 105.00

2. Ship Stations

a. New License (per application) 35.00

b. Modification of License (per application) 35.00

c. Renewal of License (per application) 35.00

d. Request for Waiver

(i) Routine (per request) 105.00

(ii) Non-Routine (per rule section/per

station) 105.00

3. Operational Fixed Microwave Stations

a. New License (per station) 155.00

b. Modification of License (per station) 155.00

c. Renewal of License (per station) 155.00

d. Special Temporary Authority (Initial,

Modifications, Extensions) 35.00

e. Assignments (per station) 155.00

f. Transfers of Control (per station) 35.00

g. Request for Waiver

(i) Routine (per request) 105.00

(ii) Non-Routine (per rule section/per

station) 105.00

4. Aviation (Ground Stations)

a. New License (per station) 70.00

b. Modification of License (per station) 70.00

c. Renewal of License (per station) 70.00

d. Special Temporary Authority (Initial,

Modifications, Extensions) 100.00

e. Assignments (per station) 70.00

f. Transfers of Control (per station) 35.00

g. Request for Waiver

(i) Routine (per request) 105.00

(ii) Non-Routine (per rule section/per

station) 105.00

5. Aircraft Stations

a. New License (per application) 35.00

b. Modification of License (per application) 35.00

c. Renewal of License (per application) 35.00

d. Request for Waiver

(i) Routine (per request) 105.00

(ii) Non-Routine (per rule section/per

station) 105.00

6. Land Mobile Radio Stations (including Special

Emergency and Public Safety Stations)

a. New License (per call sign) 35.00

b. Modification of License (per call sign) 35.00

c. Renewal of License (per call sign) 35.00

d. Special Temporary Authority (Initial,

Modifications, Extensions) 35.00

e. Assignments (per station) 35.00

f. Transfers of Control (per call sign) 35.00

g. Request for Waiver

(i) Routine (per request) 105.00

(ii) Non-Routine (per rule section/per

station) 105.00

h. Reinstatement (per call sign) 35.00

i. Specialized Mobile Radio Systems-Base Stations

(i) New License (per call sign) 35.00

(ii) Modification of License (per call

sign) 35.00

(iii) Renewal of License (per call sign) 35.00

(iv) Waiting List (annual application

fee per application) 35.00

(v) Special Temporary Authority

(Initial, Modifications, Extensions) 35.00

(vi) Assignments (per call sign) 35.00

(vii) Transfers of Control (per call

sign) 35.00

(viii) Request for Waiver

(1) Routine (per request) 105.00

(2) Non-Routine (per rule section/per

station) 105.00

(ix) Reinstatements (per call sign) 35.00

j. Private Carrier Licenses

(i) New License (per call sign) 35.00

(ii) Modification of License (per call

sign) 35.00

(iii) Renewal of License (per call sign) 35.00

(iv) Special Temporary Authority

(Initial, Modifications, Extensions) 35.00

(v) Assignments (per call sign) 35.00

(vi) Transfers of Control (per call

sign) 35.00

(vii) Request for Waiver

(1) Routine (per request) 105.00

(2) Non-Routine (per rule section/per

station) 105.00

(viii) Reinstatements (per call sign) 35.00

7. General Mobile Radio Service

a. New License (per call sign) 35.00

b. Modifications of License (per call sign) 35.00

c. Renewal of License (per call sign) 35.00

d. Request for Waiver

(i) Routine (per request) 105.00

(ii) Non-Routine (per rule section/per

station) 105.00

e. Special Temporary Authority (Initial,

Modifications, Extensions) 35.00

f. Transfer of control (per call sign) 35.00

8. Restricted Radiotelephone Operator Permit 35.00

9. Request for Duplicate Station License (all

services) 35.00

10. Hearing (Comparative, New, and Modifications) 6,760.00

EQUIPMENT APPROVAL SERVICES/EXPERIMENTAL RADIO

1. Certification

a. Receivers (except TV and FM receivers) 285.00

b. All Other Devices 735.00

c. Modifications and Class II Permissive

Changes 35.00

d. Request for Confidentiality 105.00

2. Type Acceptance

a. All Devices 370.00

b. Modifications and Class II Permissive

Changes 35.00

c. Request for Confidentiality 105.00

3. Type Approval (all devices)

a. With Testing (including Major

Modifications) 1,465.00

b. Without Testing (including Minor

Modifications) 170.00

c. Request for Confidentiality 105.00

4. Notifications 115.00

5. Advance Approval for Subscription TV System 2,255.00

a. Request for Confidentiality 105.00

6. Assignment of Grantee Code for Equipment

Identification 35.00

7. Experimental Radio Service

a. New Construction Permit and Station

Authorization (per application) 35.00

b. Modification to Existing Construction

Permit and Station Authorization (per

application) 35.00

c. Renewal of Station Authorization (per

application) 35.00

d. Assignment or Transfer of Control (per

application) 35.00

e. Special Temporary Authority (per

application) 35.00

f. Additional Application Fee for

Applications Containing Requests to Withhold

Information From Public Inspection (per

application) 35.00

MASS MEDIA SERVICES

1. Commercial TV Stations

a. New or Major Change Construction Permits 2,535.00

b. Minor Change 565.00

c. Hearing (Major/Minor Change, Comparative

New, or Comparative Renewal) 6,760.00

d. License 170.00

e. Assignment or Transfer

(i) Long Form (Forms 314/315) 565.00

(ii) Short Form (Form 316) 80.00

f. Renewal 100.00

g. Call Sign (New or Modification) 55.00

h. Special Temporary Authority (other than to

remain silent or extend an existing STA to

remain silent) 100.00

i. Extension of Time to Construct or

Replacement of CP 200.00

j. Permit to Deliver Programs to Foreign

Broadcast Stations 55.00

k. Petition for Rulemaking for New Community

of License 1,565.00

l. Ownership Report (per report) 35.00

2. Commercial Radio Stations

a. New and Major Change Construction Permit

(i) AM Station 2,255.00

(ii) FM Station 2,030.00

b. Minor Change

(i) AM Station 565.00

(ii) FM Station 565.00

c. Hearing (Major/Minor Change, Comparative

New, or Comparative Renewal) 6,760.00

d. License

(i) AM 370.00

(ii) FM 115.00

(iii) AM Directional Antenna 425.00

(iv) FM Directional Antenna 355.00

(v) AM Remote Control 35.00

e. Assignment or Transfer

(i) Long Form (Forms 314/315) 565.00

(ii) Short Form (Form 316) 80.00

f. Renewal 100.00

g. Call Sign (New or Modification) 55.00

h. Special Temporary Authority (other than to

remain silent or extend an existing STA to

remain silent) 100.00

i. Extension of Time to Construct or

Replacement of CP 200.00

j. Permit to Deliver Programs to Foreign

Broadcast Stations 55.00

k. Petition for Rulemaking for New Community

of License or Higher Class Channel 1,565.00

l. Ownership Report (per report) 35.00

3. FM Translators

a. New or Major Change Construction Permit 425.00

b. License 85.00

c. Assignment or Transfer 80.00

d. Renewal 35.00

e. Special Temporary Authority (other than to

remain silent or extend an existing STA to

remain silent) 100.00

4. TV Translators and LPTV Stations

a. New or Major Change Construction Permit 425.00

b. License 85.00

c. Assignment or Transfer 80.00

d. Renewal 35.00

e. Special Temporary Authority (other than to

remain silent or extend an existing STA to

remain silent) 100.00

5. Auxiliary Services (Includes Remote Pickup stations,

TV Auxiliary Broadcast stations, Aural Broadcast STL

and Intercity Relay stations, and Low Power Auxiliary

stations)

a. Major Actions 85.00

b. Renewals 35.00

c. Special Temporary Authority (other than to

remain silent or extend an existing STA to

remain silent) 100.00

6. FM/TV Boosters

a. New and Major Change Construction Permits 425.00

b. License 85.00

c. Special Temporary Authority (other than to

remain silent or extend an existing STA to

remain silent) 100.00

7. International Broadcast Station

a. New Construction Permit and Facilities

Change CP 1,705.00

b. License 385.00

c. Assignment or Transfer (per station) 60.00

d. Renewal 95.00

e. Frequency Assignment and Coordination (per

frequency hour) 35.00

f. Special Temporary Authority (other than to

remain silent or extend an existing STA to

remain silent) 100.00

8. Cable Television Service

a. Cable Television Relay Service

(i) Construction Permit 155.00

(ii) Assignment or Transfer 155.00

(iii) Renewal 155.00

(iv) Modification 155.00

(v) Special Temporary Authority (other

than to remain silent or extend an

existing STA to remain silent) 100.00

b. Cable Special Relief Petition 790.00

c. 76.12 Registration Statement (per

statement) 35.00

d. Aeronautical Frequency Usage Notifications

(per notice) 35.00

e. Aeronautical Frequency Usage Waivers (per

waiver) 35.00

9. Direct Broadcast Satellite

a. New or Major Change Construction Permit

(i) Application for Authorization to

Construct a Direct Broadcast Satellite 2,030.00

(ii) Issuance of Construction Permit &

Launch Authority 19,710.00

(iii) License to Operate Satellite 565.00

b. Hearing (Comparative New, Major/Minor

Modifications, or Comparative Renewal) 6,760.00

c. Special Temporary Authority (other than to

remain silent or extend an existing STA to

remain silent) 100.00

COMMON CARRIER SERVICES

1. All Common Carrier Services

a. Hearing (Comparative New or Major/Minor

Modifications) 6,760.00

b. Development Authority . . . Same application fee as

regular authority in service unless otherwise

indicated

c. Formal Complaints and Pole Attachment

Complaints Filing Fee 120.00

d. Proceeding under section 1008(b) of this

title 5,000

2. Domestic Public Land Mobile Stations (includes Base,

Dispatch, Control & Repeater Stations)

a. New or Additional Facility (per

transmitter) 230.00

b. Major Modifications (per transmitter) 230.00

c. Fill In Transmitters (per transmitter) 230.00

d. Major Amendment to a Pending Application

(per transmitter) 230.00

e. Assignment or Transfer

(i) First Call Sign on Application 230.00

(ii) Each Additional Call Sign 35.00

f. Partial Assignment (per call sign) 230.00

g. Renewal (per call sign) 35.00

h. Minor Modification (per transmitter) 35.00

i. Special Temporary Authority (per

frequency/per location) 200.00

j. Extension of Time to Construct (per

application) 35.00

k. Notice of Completion of Construction (per

application) 35.00

l. Auxiliary Test Station (per transmitter) 200.00

m. Subsidiary Communications Service (per

request) 100.00

n. Reinstatement (per application) 35.00

o. Combining Call Signs (per call sign) 200.00

p. Standby Transmitter (per transmitter/per

location) 200.00

q. 900 MHz Nationwide Paging

(i) Renewal

(1) Network Organizer 35.00

(2) Network Operator (per

operator/per city) 35.00

r. Air-Ground Individual License (per station)

(i) Initial License 35.00

(ii) Renewal of License 35.00

(iii) Modification of License 35.00

3. Cellular Systems (per system)

a. New or Additional Facilities 230.00

b. Major Modification 230.00

c. Minor Modification 60.00

d. Assignment or Transfer (including partial) 230.00

e. License to Cover Construction

(i) Initial License for Wireline Carrier 595.00

(ii) Subsequent License for Wireline

Carrier 60.00

(iii) License for Nonwireline Carrier 60.00

(iv) Fill In License (all carriers) 60.00

f. Renewal 35.00

g. Extension of Time to Complete Construction 35.00

h. Special Temporary Authority (per system) 200.00

i. Combining Cellular Geographic Service

Areas (per system) 50.00

4. Rural Radio (includes Central Office, Interoffice,

or Relay Facilities)

a. New or Additional Facility (per

transmitter) 105.00

b. Major Modification (per transmitter) 105.00

c. Major Amendment to Pending Application

(per transmitter) 105.00

d. Minor Modification (per transmitter) 35.00

e. Assignments or Transfers

(i) First Call Sign on Application 105.00

(ii) Each Additional Call Sign 35.00

(iii) Partial Assignment (per call sign) 105.00

f. Renewal (per call sign) 35.00

g. Extension of Time to Complete Construction

(per application) 35.00

h. Notice of Completion of Construction (per

application) 35.00

i. Special Temporary Authority (per

frequency/per location) 200.00

j. Reinstatement (per application) 35.00

k. Combining Call Signs (per call sign) 200.00

l. Auxiliary Test Station (per transmitter) 200.00

m. Standby Transmitter (per transmitter/per

location) 200.00

5. Offshore Radio Service (Mobile, Subscriber, and

Central Stations; fees would also apply to any

expansion of this service into coastal waters other

than the Gulf of Mexico)

a. New or Additional Facility (per

transmitter) 105.00

b. Major Modifications (per transmitter) 105.00

c. Fill In Transmitters (per transmitter) 105.00

d. Major Amendment to Pending Application

(per transmitter) 105.00

e. Minor Modification (per transmitter) 35.00

f. Assignment or Transfer

(i) Each Additional Call Sign 35.00

(ii) Partial Assignment (per call sign) 105.00

g. Renewal (per call sign) 35.00

h. Extension of Time to Complete Construction

(per application) 35.00

i. Reinstatement (per application) 35.00

j. Notice of Completion of Construction (per

application) 35.00

k. Special Temporary Authority (per

frequency/per location) 200.00

l. Combining Call Signs (per call sign) 200.00

m. Auxiliary Test Station (per transmitter) 200.00

n. Standby Transmitter (per transmitter/per

location) 200.00

6. Point-to-Point Microwave and Local Television Radio

Service

a. Conditional License (per station) 155.00

b. Major Modification of Conditional License

or License Authorization (per station) 155.00

c. Certification of Completion of

Construction (per station) 155.00

d. Renewal (per licensed station) 155.00

e. Assignment or Transfer

(i) First Station on Application 55.00

(ii) Each Additional Station 35.00

f. Extension of Construction Authorization

(per station) 55.00

g. Special Temporary Authority or Request for

Waiver of Prior Construction Authorization

(per request) 70.00

7. Multipoint Distribution Service (including

multichannel MDS)

a. Conditional License (per station) 155.00

b. Major Modification of Conditional License

or License Authorization (per station) 155.00

c. Certification of Completion of

Construction (per channel) 455.00

d. Renewal (per licensed station) 155.00

e. Assignment or Transfer

(i) First Station on Application 55.00

(ii) Each Additional Station 35.00

f. Extension of Construction Authorization

(per station) 110.00

g. Special Temporary Authority or Request for

Waiver of Prior Construction Authorization

(per request) 70.00

8. Digital Electronic Message Service

a. Conditional License (per nodal station) 155.00

b. Modification of Conditional License or

License Authorization (per nodal station) 155.00

c. Certification of Completion of

Construction (per nodal station) 155.00

d. Renewal (per licensed nodal station) 155.00

e. Assignment or Transfer

(i) First Station on Application 55.00

(ii) Each Additional Station 35.00

f. Extension of Construction Authorization

(per station) 55.00

g. Special Temporary Authority or Request for

Waiver of Prior Construction Authorization

(per request) 70.00

9. International Fixed Public Radio (Public and Control

Stations)

a. Initial Construction Permit (per station) 510.00

b. Assignment or Transfer (per application) 510.00

c. Renewal (per license) 370.00

d. Modification (per station) 370.00

e. Extension of Construction Authorization

(per station) 185.00

f. Special Temporary Authority or Request for

Waiver (per request) 185.00

10. Fixed Satellite Transmit/Receive Earth Stations

a. Initial Application (per station) 1,525.00

b. Modification of License (per station) 105.00

c. Assignment or Transfer

(i) First Station on Application 300.00

(ii) Each Additional Station 100.00

d. Developmental Station (per station) 1,000.00

e. Renewal of License (per station) 105.00

f. Special Temporary Authority or Waivers of

Prior Construction Authorization (per

request) 105.00

g. Amendment of Application (per station) 105.00

h. Extension of Construction Permit (per

station) 105.00

11. Small Transmit/Receive Earth Stations (2 meters or

less and operating in the 4/6 GHz frequency band)

a. Lead Application 3,380.00

b. Routine Application (per station) 35.00

c. Modification of License (per station) 105.00

d. Assignment or Transfer

(i) First Station on Application 300.00

(ii) Each Additional Station 35.00

e. Developmental Station (per station) 1,000.00

f. Renewal of License (per station) 105.00

g. Special Temporary Authority or Waivers of

Prior Construction Authorization (per

request) 105.00

h. Amendment of Application (per station) 105.00

i. Extension of Construction Permit (per

station) 105.00

12. Receive Only Earth Stations

a. Initial Application for Registration 230.00

b. Modification of License or Registration

(per station) 105.00

c. Assignment or Transfer

(i) First Station on Application 300.00

(ii) Each Additional Station 100.00

d. Renewal of License (per station) 105.00

e. Amendment of Application (per station) 105.00

f. Extension of Construction Permit (per

station) 105.00

g. Waivers (per request) 105.00

13. Very Small Aperture Terminal (VSAT) Systems

a. Initial Application (per system) 5,630.00

b. Modification of License (per system) 105.00

c. Assignment or Transfer of System 1,505.00

d. Developmental Station 1,000.00

e. Renewal of License (per system) 105.00

f. Special Temporary Authority or Waivers of

Prior Construction Authorization (per

request) 105.00

g. Amendment of Application (per system) 105.00

h. Extension of Construction Permit (per

system) 105.00

14. Mobile Satellite Earth Stations

a. Initial Application of Blanket

Authorization 5,630.00

b. Initial Application for Individual Earth

Station 1,350.00

c. Modification of License (per system) 105.00

d. Assignment or Transfer (per system) 1,505.00

e. Developmental Station 1,000.00

f. Renewal of License (per system) 105.00

g. Special Temporary Authority or Waivers of

Prior Construction Authorization (per

request) 105.00

h. Amendment of Application (per system) 105.00

i. Extension of Construction Permit (per

system) 105.00

15. Radio determination Satellite Earth Stations

a. Initial Application of Blanket

Authorization 5,630.00

b. Initial Application for Individual Earth

Station 1,350.00

c. Modification of License (per system) 105.00

d. Assignment or Transfer (per system) 1,505.00

e. Developmental Station 1,000.00

f. Renewal of License (per system) 105.00

g. Special Temporary Authority or Waivers of

Prior Construction Authorization (per

request) 105.00

h. Amendment of Application (per system) 105.00

i. Extension of Construction Permit (per

system) 105.00

16. Space Stations

a. Application for Authority to Construct 2,030.00

b. Application for Authority to Launch & Operate

(i) Initial Application 70,000.00

(ii) Replacement Satellite 70,000.00

c. Assignment or Transfer (per satellite) 5,000.00

d. Modification 5,000.00

e. Special Temporary Authority or Waiver of

Prior Construction Authorization (per

request) 500.00

f. Amendment of Application 1,000.00

g. Extension of Construction Permit/Launch

Authorization (per request) 500.00

17. Section 214 Applications

a. Overseas Cable Construction 9,125.00

b. Cable Landing License

(i) Common Carrier 1,025.00

(ii) Non-Common Carrier 10,150.00

c. Domestic Cable Construction 610.00

d. All Other 214 Applications 610.00

e. Special Temporary Authority (all services) 610.00

f. Assignments or Transfers (all services) 610.00

18. Recognized Private Operating Status (per

application) 610.00

19. Telephone Equipment Registration 155.00

20. Tariff Filings

a. Filing Fee 490.00

b. Special Permission Filing (per filing) 490.00

21. Accounting and Audits

a. Field Audit 62,290.00

b. Review of Attest Audit 34,000.00

c. Review of Depreciation Update Study

(Single State) 20,685.00

(i) Each Additional State 680.00

d. Interpretation of Accounting Rules (per

request) 2,885.00

e. Petition for Waiver (per petition) 4,660.00

22. Low-Earth Orbit Satellite Systems

a. Application for Authority to Construct

(per system of technology identical

satellites) 6,000.00

b. Application for Authority to Launch and

Operate (per system of technologically

identical satellites) 210,000.00

c. Assignment or Transfer (per request) 6,000.00

d. Modification (per request) 15,000.00

e. Special Temporary Authority or Waiver of

Prior Construction Authorization (per

request) 1,500.00

f. Amendment of Application (per request) 3,000.00

g. Extension of Construction Permit/Launch

Authorization (per request) 1,500.00

MISCELLANEOUS APPLICATION FEES

1. International Telecommunications Settlements

Administrative Fee for Collections (per line

item) 2.00

2. Radio Operator Examinations

a. Commercial Radio Operator Examination 35.00

b. Renewal of Commercial Radio Operator

License, Permit, or Certificate 35.00

c. Duplicate or Replacement Commercial Radio

Operator License, Permit, or Certificate 35.00

3. Ship Inspections

a. Inspection of Oceangoing Vessels Under

Title III, Part II of the Communications Act

(per inspection) 620.00

b. Inspection of Passenger Vessels Under

Title III, Part III of the Communications

Act (per inspection) 320.00

c. Inspection of Vessels Under the Great

Lakes Agreement (per inspection) 75.00

d. Inspection of Foreign Vessels Under the

Safety of Life at Sea (SOLAS) Convention

(per inspection) 540.00

e. Temporary Waiver for Compulsorily Equipped

Vessel 60.00

-SOURCE-

(June 19, 1934, ch. 652, title I, Sec. 8, as added Pub. L. 99-272,

title V, Sec. 5002(e), Apr. 7, 1986, 100 Stat. 118; amended Pub. L.

100-594, Sec. 5, Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101-239,

title III, Sec. 3001(a), (b), Dec. 19, 1989, 103 Stat. 2124, 2131;

Pub. L. 102-538, title II, Sec. 209, Oct. 27, 1992, 106 Stat. 3544;

Pub. L. 103-66, title VI, Sec. 6003(a)(2), Aug. 10, 1993, 107 Stat.

401; Pub. L. 103-414, title III, Secs. 302, 303(a)(3), (4), Oct.

25, 1994, 108 Stat. 4294.)

-REFTEXT-

REFERENCES IN TEXT

Parts II and III of title III of the Communications Act, referred

to in subsec. (g), mean parts II and III of title III of the

Communications Act of 1934 which are classified to parts II (Sec.

351 et seq.) and III (Sec. 381 et seq.), respectively, of

subchapter III of this chapter.

-MISC1-

AMENDMENTS

1994 - Subsec. (d)(2). Pub. L. 103-414, Sec. 303(a)(3),

substituted "payment of an" for "payment of a".

Subsec. (g). Pub. L. 103-414, Sec. 303(a)(4), substituted

"Additional Application Fee" for "Additional Charge" in item 7.f.

under heading "equipment approval services/experimental radio" in

Schedule of Application Fees.

Pub. L. 103-414, Sec. 302, added item 1.d. under heading "common

carrier services" in Schedule of Application Fees.

1993 - Pub. L. 103-66, Sec. 6003(a)(2)(A), substituted

"Application fees" for "Charges" as section catchline.

Subsecs. (a) to (e). Pub. L. 103-66, Sec. 6003(a)(2)(B)-(D),

substituted "application fees" for "charges" and "Schedule of

Application Fees" for "Schedule of Charges" wherever appearing, and

substituted "application fee" for "charge" in subsec. (c).

Subsec. (g). Pub. L. 103-66, Sec. 6003(a)(2)(D), in text

substituted "Schedule of Application Fees" for "Schedule of

Charges".

Pub. L. 103-66, Sec. 6003(a)(2)(E), which directed amendment of

schedule by substituting "Schedule of Application Fees" for

"Schedule of Charges", "Application fees" for "Charges",

"application fee" for "charge", and "Application fees" for

"Charges" was executed by substituting "SCHEDULE OF APPLICATION

FEES" for "SCHEDULE OF CHARGES" in heading, "miscellaneous

application fees" for "miscellaneous charges" in last subheading,

and "application fee" for "charge" in two places in text of

schedule, to reflect probable intent of Congress.

1992 - Subsec. (g). Pub. L. 102-538 in Schedule of Charges added

twenty-second category, relating to Low-Earth Orbit Satellite

Systems, under heading "common carrier services", and substituted

"75.00" for "360.00" in item 3.c., relating to inspection of

vessels under the Great Lakes Agreement, under heading

"miscellaneous charges".

1989 - Subsec. (a). Pub. L. 101-239, Sec. 3001(b)(1), struck out

at end "The Schedule of Charges established under this subsection

shall be implemented not later than 360 days after April 7, 1986."

Subsec. (b)(1). Pub. L. 101-239, Sec. 3001(b)(2), substituted

"October 1, 1991" for "April 1, 1987".

Subsec. (d)(1). Pub. L. 101-239, Sec. 3001(b)(3), substituted

"(A) to governmental entities and nonprofit entities licensed in

the following radio services:" for "to the following radio

services:" and inserted "(B)" after "Emergency Radio, or".

Subsec. (g). Pub. L. 101-239, Sec. 3001(a), added subsec. (g).

1988 - Subsec. (b)(1). Pub. L. 100-594 substituted "two years

after April 1, 1987," for "two years after April 7, 1986,".

EFFECTIVE DATE OF 1989 AMENDMENT

Section 3001(c) of Pub. L. 101-239 provided that: "The amendments

made by this section [amending this section] shall take effect on

the date of enactment of this Act [Dec. 19, 1989], and the Schedule

of Charges required by the amendment made by subsection (a) of this

section shall be implemented not later than 150 days after the date

of enactment of this Act."

SCHEDULE OF CHARGES

Section 5002(f) of Pub. L. 99-272 established the Schedule of

Charges which the Federal Communications Commission is required to

prescribe pursuant to subsec. (a) of this section. See subsec. (g)

of this section as added by Pub. L. 101-239.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 309 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "an application fee".

-End-

-CITE-

47 USC Sec. 159 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 159. Regulatory fees

-STATUTE-

(a) General authority

(1) Recovery of costs

The Commission, in accordance with this section, shall assess

and collect regulatory fees to recover the costs of the following

regulatory activities of the Commission: enforcement activities,

policy and rulemaking activities, user information services, and

international activities.

(2) Fees contingent on appropriations

The fees described in paragraph (1) of this subsection shall be

collected only if, and only in the total amounts, required in

Appropriations Acts.

(b) Establishment and adjustment of regulatory fees

(1) In general

The fees assessed under subsection (a) of this section shall -

(A) be derived by determining the full-time equivalent number

of employees performing the activities described in subsection

(a) of this section within the Private Radio Bureau, Mass Media

Bureau, Common Carrier Bureau, and other offices of the

Commission, adjusted to take into account factors that are

reasonably related to the benefits provided to the payor of the

fee by the Commission's activities, including such factors as

service area coverage, shared use versus exclusive use, and

other factors that the Commission determines are necessary in

the public interest;

(B) be established at amounts that will result in collection,

during each fiscal year, of an amount that can reasonably be

expected to equal the amount appropriated for such fiscal year

for the performance of the activities described in subsection

(a) of this section; and

(C) until adjusted or amended by the Commission pursuant to

paragraph (2) or (3), be the fees established by the Schedule

of Regulatory Fees in subsection (g) of this section.

(2) Mandatory adjustment of schedule

For any fiscal year after fiscal year 1994, the Commission

shall, by rule, revise the Schedule of Regulatory Fees by

proportionate increases or decreases to reflect, in accordance

with paragraph (1)(B), changes in the amount appropriated for the

performance of the activities described in subsection (a) of this

section for such fiscal year. Such proportionate increases or

decreases shall -

(A) be adjusted to reflect, within the overall amounts

described in appropriations Acts under the authority of

paragraph (1)(A), unexpected increases or decreases in the

number of licensees or units subject to payment of such fees;

and

(B) be established at amounts that will result in collection

of an aggregate amount of fees pursuant to this section that

can reasonably be expected to equal the aggregate amount of

fees that are required to be collected by appropriations Acts

pursuant to paragraph (1)(B).

Increases or decreases in fees made by adjustments pursuant to

this paragraph shall not be subject to judicial review. In making

adjustments pursuant to this paragraph the Commission may round

such fees to the nearest $5 in the case of fees under $1,000, or

to the nearest $25 in the case of fees of $1,000 or more.

(3) Permitted amendments

In addition to the adjustments required by paragraph (2), the

Commission shall, by regulation, amend the Schedule of Regulatory

Fees if the Commission determines that the Schedule requires

amendment to comply with the requirements of paragraph (1)(A). In

making such amendments, the Commission shall add, delete, or

reclassify services in the Schedule to reflect additions,

deletions, or changes in the nature of its services as a

consequence of Commission rulemaking proceedings or changes in

law. Increases or decreases in fees made by amendments pursuant

to this paragraph shall not be subject to judicial review.

(4) Notice to Congress

The Commission shall -

(A) transmit to the Congress notification of any adjustment

made pursuant to paragraph (2) immediately upon the adoption of

such adjustment; and

(B) transmit to the Congress notification of any amendment

made pursuant to paragraph (3) not later than 90 days before

the effective date of such amendment.

(c) Enforcement

(1) Penalties for late payment

The Commission shall prescribe by regulation an additional

charge which shall be assessed as a penalty for late payment of

fees required by subsection (a) of this section. Such penalty

shall be 25 percent of the amount of the fee which was not paid

in a timely manner.

(2) Dismissal of applications for filings

The Commission may dismiss any application or other filing for

failure to pay in a timely manner any fee or penalty under this

section.

(3) Revocations

In addition to or in lieu of the penalties and dismissals

authorized by paragraphs (1) and (2), the Commission may revoke

any instrument of authorization held by any entity that has

failed to make payment of a regulatory fee assessed pursuant to

this section. Such revocation action may be taken by the

Commission after notice of the Commission's intent to take such

action is sent to the licensee by registered mail, return receipt

requested, at the licensee's last known address. The notice will

provide the licensee at least 30 days to either pay the fee or

show cause why the fee does not apply to the licensee or should

otherwise be waived or payment deferred. A hearing is not

required under this subsection unless the licensee's response

presents a substantial and material question of fact. In any case

where a hearing is conducted pursuant to this section, the

hearing shall be based on written evidence only, and the burden

of proceeding with the introduction of evidence and the burden of

proof shall be on the licensee. Unless the licensee substantially

prevails in the hearing, the Commission may assess the licensee

for the costs of such hearing. Any Commission order adopted

pursuant to this subsection shall determine the amount due, if

any, and provide the licensee with at least 30 days to pay that

amount or have its authorization revoked. No order of revocation

under this subsection shall become final until the licensee has

exhausted its right to judicial review of such order under

section 402(b)(5) of this title.

(d) Waiver, reduction, and deferment

The Commission may waive, reduce, or defer payment of a fee in

any specific instance for good cause shown, where such action would

promote the public interest.

(e) Deposit of collections

Moneys received from fees established under this section shall be

deposited as an offsetting collection in, and credited to, the

account providing appropriations to carry out the functions of the

Commission.

(f) Regulations

(1) In general

The Commission shall prescribe appropriate rules and

regulations to carry out the provisions of this section.

(2) Installment payments

Such rules and regulations shall permit payment by installments

in the case of fees in large amounts, and in the case of fees in

small amounts, shall require the payment of the fee in advance

for a number of years not to exceed the term of the license held

by the payor.

(g) Schedule

Until amended by the Commission pursuant to subsection (b) of

this section, the Schedule of Regulatory Fees which the Federal

Communications Commission shall, subject to subsection (a)(2) of

this section, assess and collect shall be as follows:

SCHEDULE OF REGULATORY FEES

--------------------------------------------------------------------

Bureau/Category Annual

Regulatory

Fee

--------------------------------------------------------------------

Private Radio Bureau

Exclusive use services (per license)

Land Mobile (above 470 MHz, Base Station and $16

SMRS) (47 C.F.R. Part 90)

Microwave (47 C.F.R. Part 94) 16

Interactive Video Data Service (47 C.F.R. Part 16

95)

Shared use services (per license unless otherwise 7

noted)

Amateur vanity call-signs 7

Mass Media Bureau (per license)

AM radio (47 C.F.R. Part 73)

Class D Daytime 250

Class A Fulltime 900

Class B Fulltime 500

Class C Fulltime 200

Construction permits 100

FM radio (47 C.F.R. Part 73)

Classes C, C1, C2, B 900

Classes A, B1, C3 600

Construction permits 500

TV (47 C.F.R. Part 73)

VHF Commercial

Markets 1 thru 10 18,000

Markets 11 thru 25 16,000

Markets 26 thru 50 12,000

Markets 51 thru 100 8,000

Remaining Markets 5,000

Construction permits 4,000

UHF Commercial

Markets 1 thru 10 14,400

Markets 11 thru 25 12,800

Markets 26 thru 50 9,600

Markets 51 thru 100 6,400

Remaining Markets 4,000

Construction permits 3,200

Low Power TV, TV Translator, and TV Booster (47 135

C.F.R. Part 74)

Broadcast Auxiliary (47 C.F.R. Part 74) 25

International (HF) Broadcast (47 C.F.R. Part 73) 200

Cable Antenna Relay Service (47 C.F.R. Part 78) 220

Cable Television System (per 1,000 subscribers) 370

(47 C.F.R. Part 76)

Common Carrier Bureau

Radio Facilities

Cellular Radio (per 1,000 subscribers) (47 C.F.R. 60

Part 22)

Personal Communications (per 1,000 subscribers) 60

(47 C.F.R.)

Space Station (per operational station in 65,000

geosynchronous orbit) (47 C.F.R. Part 25)

Space Station (per system in low-earth orbit) (47 90,000

C.F.R. Part 25)

Public Mobile (per 1,000 subscribers) (47 C.F.R. 60

Part 22)

Domestic Public Fixed (per call sign) (47 C.F.R. 55

Part 21)

International Public Fixed (per call sign) (47 110

C.F.R. Part 23)

Earth Stations (47 C.F.R. Part 25)

VSAT and equivalent C-Band antennas (per 100 6

antennas)

Mobile satellite earth stations (per 100 6

antennas)

Earth station antennas

Less than 9 meters (per 100 antennas) 6

9 Meters or more

Transmit/Receive and Transmit Only (per meter) 85

Receive only (per meter) 55

Carriers

Inter-Exchange Carrier (per 1,000 presubscribed 60

access lines)

Local Exchange Carrier (per 1,000 access lines) 60

Competitive access provider (per 1,000 60

subscribers)

International circuits (per 100 active 64KB 220

circuit or equivalent)

--------------------------------------------------------------------

(h) Exceptions

The charges established under this section shall not be

applicable to (1) governmental entities or nonprofit entities; or

(2) to amateur radio operator licenses under part 97 of the

Commission's regulations (47 C.F.R. Part 97).

(i) Accounting system

The Commission shall develop accounting systems necessary to

making the adjustments authorized by subsection (b)(3) of this

section. In the Commission's annual report, the Commission shall

prepare an analysis of its progress in developing such systems and

shall afford interested persons the opportunity to submit comments

concerning the allocation of the costs of performing the functions

described in subsection (a) of this section among the services in

the Schedule.

-SOURCE-

(June 19, 1934, ch. 652, title I, Sec. 9, as added Pub. L. 103-66,

title VI, Sec. 6003(a)(1), Aug. 10, 1993, 107 Stat. 397; amended

Pub. L. 103-121, title I, Oct. 27, 1993, 107 Stat. 1167; Pub. L.

103-414, title III, Sec. 303(a)(5), (6), Oct. 25, 1994, 108 Stat.

4294.)

-MISC1-

AMENDMENTS

1994 - Subsec. (f). Pub. L. 103-414, Sec. 303(a)(5), designated

second sentence of par. (1) as par. (2) and inserted par. (2)

heading.

Subsec. (g). Pub. L. 103-414, Sec. 303(a)(6), inserted "95" after

"(47 C.F.R. Part" in item pertaining to Interactive Video Data

Service under Private Radio Bureau in Schedule of Regulatory Fees.

1993 - Subsec. (a). Pub. L. 103-121 designated existing

provisions as par. (1), inserted heading, and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 156 of this title.

-End-

-CITE-

47 USC Sec. 160 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 160. Competition in provision of telecommunications service

-STATUTE-

(a) Regulatory flexibility

Notwithstanding section 332(c)(1)(A) of this title, the

Commission shall forbear from applying any regulation or any

provision of this chapter to a telecommunications carrier or

telecommunications service, or class of telecommunications carriers

or telecommunications services, in any or some of its or their

geographic markets, if the Commission determines that -

(1) enforcement of such regulation or provision is not

necessary to ensure that the charges, practices, classifications,

or regulations by, for, or in connection with that

telecommunications carrier or telecommunications service are just

and reasonable and are not unjustly or unreasonably

discriminatory;

(2) enforcement of such regulation or provision is not

necessary for the protection of consumers; and

(3) forbearance from applying such provision or regulation is

consistent with the public interest.

(b) Competitive effect to be weighed

In making the determination under subsection (a)(3) of this

section, the Commission shall consider whether forbearance from

enforcing the provision or regulation will promote competitive

market conditions, including the extent to which such forbearance

will enhance competition among providers of telecommunications

services. If the Commission determines that such forbearance will

promote competition among providers of telecommunications services,

that determination may be the basis for a Commission finding that

forbearance is in the public interest.

(c) Petition for forbearance

Any telecommunications carrier, or class of telecommunications

carriers, may submit a petition to the Commission requesting that

the Commission exercise the authority granted under this section

with respect to that carrier or those carriers, or any service

offered by that carrier or carriers. Any such petition shall be

deemed granted if the Commission does not deny the petition for

failure to meet the requirements for forbearance under subsection

(a) of this section within one year after the Commission receives

it, unless the one-year period is extended by the Commission. The

Commission may extend the initial one-year period by an additional

90 days if the Commission finds that an extension is necessary to

meet the requirements of subsection (a) of this section. The

Commission may grant or deny a petition in whole or in part and

shall explain its decision in writing.

(d) Limitation

Except as provided in section 251(f) of this title, the

Commission may not forbear from applying the requirements of

section 251(c) or 271 of this title under subsection (a) of this

section until it determines that those requirements have been fully

implemented.

(e) State enforcement after Commission forbearance

A State commission may not continue to apply or enforce any

provision of this chapter that the Commission has determined to

forbear from applying under subsection (a) of this section.

-SOURCE-

(June 19, 1934, ch. 652, title I, Sec. 10, as added Pub. L.

104-104, title IV, Sec. 401, Feb. 8, 1996, 110 Stat. 128.)

-End-

-CITE-

47 USC Sec. 161 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 161. Regulatory reform

-STATUTE-

(a) Biennial review of regulations

In every even-numbered year (beginning with 1998), the Commission

-

(1) shall review all regulations issued under this chapter in

effect at the time of the review that apply to the operations or

activities of any provider of telecommunications service; and

(2) shall determine whether any such regulation is no longer

necessary in the public interest as the result of meaningful

economic competition between providers of such service.

(b) Effect of determination

The Commission shall repeal or modify any regulation it

determines to be no longer necessary in the public interest.

-SOURCE-

(June 19, 1934, ch. 652, title I, Sec. 11, as added Pub. L.

104-104, title IV, Sec. 402(a), Feb. 8, 1996, 110 Stat. 129.)

-End-

-CITE-

47 USC SUBCHAPTER II - COMMON CARRIERS 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

-HEAD-

SUBCHAPTER II - COMMON CARRIERS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 153, 332, 503, 504,

522, 541, 571, 572, 573, 741, 941 of this title.

-End-

-CITE-

47 USC Part I - Common Carrier Regulation 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

PART I - COMMON CARRIER REGULATION

-End-

-CITE-

47 USC Sec. 201 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 201. Service and charges

-STATUTE-

(a) It shall be the duty of every common carrier engaged in

interstate or foreign communication by wire or radio to furnish

such communication service upon reasonable request therefor; and,

in accordance with the orders of the Commission, in cases where the

Commission, after opportunity for hearing, finds such action

necessary or desirable in the public interest, to establish

physical connections with other carriers, to establish through

routes and charges applicable thereto and the divisions of such

charges, and to establish and provide facilities and regulations

for operating such through routes.

(b) All charges, practices, classifications, and regulations for

and in connection with such communication service, shall be just

and reasonable, and any such charge, practice, classification, or

regulation that is unjust or unreasonable is declared to be

unlawful: Provided, That communications by wire or radio subject to

this chapter may be classified into day, night, repeated,

unrepeated, letter, commercial, press, Government, and such other

classes as the Commission may decide to be just and reasonable, and

different charges may be made for the different classes of

communications: Provided further, That nothing in this chapter or

in any other provision of law shall be construed to prevent a

common carrier subject to this chapter from entering into or

operating under any contract with any common carrier not subject to

this chapter, for the exchange of their services, if the Commission

is of the opinion that such contract is not contrary to the public

interest: Provided further, That nothing in this chapter or in any

other provision of law shall prevent a common carrier subject to

this chapter from furnishing reports of positions of ships at sea

to newspapers of general circulation, either at a nominal charge or

without charge, provided the name of such common carrier is

displayed along with such ship position reports. The Commission may

prescribe such rules and regulations as may be necessary in the

public interest to carry out the provisions of this chapter.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 201, 48 Stat. 1070; May 31,

1938, ch. 296, 52 Stat. 588.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as

amended, known as the Communications Act of 1934, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see section 609 of this title and Tables.

-MISC1-

AMENDMENTS

1938 - Subsec. (b). Act May 31, 1938, inserted proviso relating

to reports of positions of ships at sea.

TELEPHONE RATES FOR MEMBERS OF ARMED FORCES DEPLOYED ABROAD

Pub. L. 102-538, title II, Sec. 213, Oct. 27, 1992, 106 Stat.

3545, provided that:

"(a) In General. - The Federal Communications Commission shall

make efforts to reduce telephone rates for Armed Forces personnel

in the following countries: Germany, Japan, Korea, Saudi Arabia,

Great Britain, Italy, Philippines, Panama, Spain, Turkey, Iceland,

the Netherlands, Greece, Cuba, Belgium, Portugal, Bermuda, Diego

Garcia, Egypt, and Honduras.

"(b) Factors To Consider. - In making the efforts described in

subsection (a), the Federal Communications Commission, in

coordination with the Department of Defense, Department of State,

and the National Telecommunications and Information Administration

shall consider the cost to military personnel and their families of

placing telephone calls by -

"(1) evaluating and analyzing the costs to Armed Forces

personnel of such telephone calls to and from American military

bases abroad;

"(2) evaluate methods of reducing the rates imposed on such

calls;

"(3) determine the extent to which it is feasible for the

Federal Communications Commission to encourage the carriers to

adopt flexible billing procedures and policies for members of the

Armed Forces and their families for telephone calls to and from

the countries listed in subsection (a); and

"(4) advise executive branch agencies of methods for the United

States to persuade foreign governments to reduce the surcharges

that are often placed on such telephone calls."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 251, 332 of this

title.

-End-

-CITE-

47 USC Sec. 202 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 202. Discriminations and preferences

-STATUTE-

(a) Charges, services, etc.

It shall be unlawful for any common carrier to make any unjust or

unreasonable discrimination in charges, practices, classifications,

regulations, facilities, or services for or in connection with like

communication service, directly or indirectly, by any means or

device, or to make or give any undue or unreasonable preference or

advantage to any particular person, class of persons, or locality,

or to subject any particular person, class of persons, or locality

to any undue or unreasonable prejudice or disadvantage.

(b) Charges or services included

Charges or services, whenever referred to in this chapter,

include charges for, or services in connection with, the use of

common carrier lines of communication, whether derived from wire or

radio facilities, in chain broadcasting or incidental to radio

communication of any kind.

(c) Penalty

Any carrier who knowingly violates the provisions of this section

shall forfeit to the United States the sum of $6,000 for each such

offense and $300 for each and every day of the continuance of such

offense.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 202, 48 Stat. 1070; Pub. L.

86-751, Sept. 13, 1960, 74 Stat. 888; Pub. L. 101-239, title III,

Sec. 3002(a), Dec. 19, 1989, 103 Stat. 2131.)

-MISC1-

AMENDMENTS

1989 - Subsec. (c). Pub. L. 101-239 substituted "$6,000" for

"$500" and "$300" for "$25".

1960 - Subsec. (b). Pub. L. 86-751 substituted "common carrier

lines of communication, whether derived from wire or radio

facilities," for "wires".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 332 of this title.

-End-

-CITE-

47 USC Sec. 203 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 203. Schedules of charges

-STATUTE-

(a) Filing; public display

Every common carrier, except connecting carriers, shall, within

such reasonable time as the Commission shall designate, file with

the Commission and print and keep open for public inspection

schedules showing all charges for itself and its connecting

carriers for interstate and foreign wire or radio communication

between the different points on its own system, and between points

on its own system and points on the system of its connecting

carriers or points on the system of any other carrier subject to

this chapter when a through route has been established, whether

such charges are joint or separate, and showing the

classifications, practices, and regulations affecting such charges.

Such schedules shall contain such other information, and be printed

in such form, and be posted and kept open for public inspection in

such places, as the Commission may by regulation require, and each

such schedule shall give notice of its effective date; and such

common carrier shall furnish such schedules to each of its

connecting carriers, and such connecting carriers shall keep such

schedules open for inspection in such public places as the

Commission may require.

(b) Changes in schedule; discretion of Commission to modify

requirements

(1) No change shall be made in the charges, classifications,

regulations, or practices which have been so filed and published

except after one hundred and twenty days notice to the Commission

and to the public, which shall be published in such form and

contain such information as the Commission may by regulations

prescribe.

(2) The Commission may, in its discretion and for good cause

shown, modify any requirement made by or under the authority of

this section either in particular instances or by general order

applicable to special circumstances or conditions except that the

Commission may not require the notice period specified in paragraph

(1) to be more than one hundred and twenty days.

(c) Overcharges and rebates

No carrier, unless otherwise provided by or under authority of

this chapter, shall engage or participate in such communication

unless schedules have been filed and published in accordance with

the provisions of this chapter and with the regulations made

thereunder; and no carrier shall (1) charge, demand, collect, or

receive a greater or less or different compensation for such

communication, or for any service in connection therewith, between

the points named in any such schedule than the charges specified in

the schedule then in effect, or (2) refund or remit by any means or

device any portion of the charges so specified, or (3) extend to

any person any privileges or facilities in such communication, or

employ or enforce any classifications, regulations, or practices

affecting such charges, except as specified in such schedule.

(d) Rejection or refusal

The Commission may reject and refuse to file any schedule entered

for filing which does not provide and give lawful notice of its

effective date. Any schedule so rejected by the Commission shall be

void and its use shall be unlawful.

(e) Penalty for violations

In case of failure or refusal on the part of any carrier to

comply with the provisions of this section or of any regulation or

order made by the Commission thereunder, such carrier shall forfeit

to the United States the sum of $6,000 for each such offense, and

$300 for each and every day of the continuance of such offense.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 203, 48 Stat. 1070; Pub. L.

94-376, Sec. 1, Aug. 4, 1976, 90 Stat. 1080; Pub. L. 101-239, title

III, Sec. 3002(b), Dec. 19, 1989, 103 Stat. 2131; Pub. L. 101-396,

Sec. 7, Sept. 28, 1990, 104 Stat. 850.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-396 substituted "one hundred and

twenty days" for "ninety days" in pars. (1) and (2).

1989 - Subsec. (e). Pub. L. 101-239 substituted "$6,000" for

"$500" and "$300" for "$25".

1976 - Subsec. (b). Pub. L. 94-376 designated existing provisions

as par. (1), substituted "after ninety days notice" for "after

thirty days' notice", and struck out provision that the Commission

may, in its discretion and for good cause shown, modify the

requirements made by or under authority of this section in

particular instances or by a general order applicable to special

circumstances or conditions, and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 152 of this title.

-End-

-CITE-

47 USC Sec. 204 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 204. Hearings on new charges; suspension pending hearing;

refunds; duration of hearing; appeal of order concluding hearing

-STATUTE-

(a)(1) Whenever there is filed with the Commission any new or

revised charge, classification, regulation, or practice, the

Commission may either upon complaint or upon its own initiative

without complaint, upon reasonable notice, enter upon a hearing

concerning the lawfulness thereof; and pending such hearing and the

decision thereon the Commission, upon delivering to the carrier or

carriers affected thereby a statement in writing of its reasons for

such suspension, may suspend the operation of such charge,

classification, regulation, or practice, in whole or in part but

not for a longer period than five months beyond the time when it

would otherwise go into effect; and after full hearing the

Commission may make such order with reference thereto as would be

proper in a proceeding initiated after such charge, classification,

regulation, or practice had become effective. If the proceeding has

not been concluded and an order made within the period of the

suspension, the proposed new or revised charge, classification,

regulation, or practice shall go into effect at the end of such

period; but in case of a proposed charge for a new service or a

revised charge, the Commission may by order require the interested

carrier or carriers to keep accurate account of all amounts

received by reason of such charge for a new service or revised

charge, specifying by whom and in whose behalf such amounts are

paid, and upon completion of the hearing and decision may by

further order require the interested carrier or carriers to refund,

with interest, to the persons in whose behalf such amounts were

paid, such portion of such charge for a new service or revised

charges as by its decision shall be found not justified. At any

hearing involving a new or revised charge, or a proposed new or

revised charge, the burden of proof to show that the new or revised

charge, or proposed charge, is just and reasonable shall be upon

the carrier, and the Commission shall give to the hearing and

decision of such questions preference over all other questions

pending before it and decide the same as speedily as possible.

(2)(A) Except as provided in subparagraph (B), the Commission

shall, with respect to any hearing under this section, issue an

order concluding such hearing within 5 months after the date that

the charge, classification, regulation, or practice subject to the

hearing becomes effective.

(B) The Commission shall, with respect to any such hearing

initiated prior to November 3, 1988, issue an order concluding the

hearing not later than 12 months after November 3, 1988.

(C) Any order concluding a hearing under this section shall be a

final order and may be appealed under section 402(a) of this title.

(3) A local exchange carrier may file with the Commission a new

or revised charge, classification, regulation, or practice on a

streamlined basis. Any such charge, classification, regulation, or

practice shall be deemed lawful and shall be effective 7 days (in

the case of a reduction in rates) or 15 days (in the case of an

increase in rates) after the date on which it is filed with the

Commission unless the Commission takes action under paragraph (1)

before the end of that 7-day or 15-day period, as is appropriate.

(b) Notwithstanding the provisions of subsection (a) of this

section, the Commission may allow part of a charge, classification,

regulation, or practice to go into effect, based upon a written

showing by the carrier or carriers affected, and an opportunity for

written comment thereon by affected persons, that such partial

authorization is just, fair, and reasonable. Additionally, or in

combination with a partial authorization, the Commission, upon a

similar showing, may allow all or part of a charge, classification,

regulation, or practice to go into effect on a temporary basis

pending further order of the Commission. Authorizations of

temporary new or increased charges may include an accounting order

of the type provided for in subsection (a) of this section.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 204, 48 Stat. 1071; Pub. L.

94-376, Sec. 2, Aug. 4, 1976, 90 Stat. 1080; Pub. L. 100-594, Sec.

8(b), Nov. 3, 1988, 102 Stat. 3023; Pub. L. 102-538, title II, Sec.

203, Oct. 27, 1992, 106 Stat. 3542; Pub. L. 104-104, title IV, Sec.

402(b)(1)(A), Feb. 8, 1996, 110 Stat. 129.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(2)(A). Pub. L. 104-104, Sec. 402(b)(1)(A)(i),

(ii), substituted "such hearing within 5 months" for "such hearing

within 12 months" and struck out before period at end ", or within

15 months after such date if the hearing raises questions of fact

of such extraordinary complexity that the questions cannot be

resolved within 12 months".

Subsec. (a)(3). Pub. L. 104-104, Sec. 402(b)(1)(A)(iii), added

par. (3).

1992 - Subsec. (a)(1). Pub. L. 102-538 substituted "a revised

charge" for "an increased charge" after "a proposed charge for a

new service or", "or revised" for "or increased" before "charge,

specifying by whom and in whose behalf", "revised charges" for

"increased charges" before "as by its decision shall be found not

justified", "new or revised charge, or a proposed new or revised

charge" for "charge increased, or sought to be increased" before ",

burden of proof to show", and "new or revised charge" for

"increased charge" before ", or proposed charge, is just and

reasonable".

1988 - Subsec. (a). Pub. L. 100-594 designated existing

provisions as par. (1) and added par. (2).

1976 - Subsec. (a). Pub. L. 94-376 designated existing provisions

as subsec. (a), substituted "any new or revised charge" for "any

new charge", "in whole or in part but not for a longer period than

five months" for "but not for a longer period than three months",

"after such charge, classification, regulation, or practice had

become effective" for "after it had become effective", "the

proposed new or revised charge" for "the proposed change of

charge", "but in case of a proposed charge for a new service or an

increased charge" for "but in case of a proposed increased charge",

"by reason of such charge for a new service or increased charge"

for "by reason of such increase", "such portion of such charge for

a new service or increased charges" for "such portion of such

increased charges", "burden of proof to show that the increased

charge, or proposed charge" for "burden of proof to show that the

increased charge, or proposed increased charge", and struck out

"after the organization of the Commission" before "the burden of

proof."

Subsec. (b). Pub. L. 94-376 added subsec. (b).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 402(b)(4) of Pub. L. 104-104 provided that: "The

amendments made by paragraph (1) of this subsection [amending this

section and section 208 of this title] shall apply with respect to

any charge, classification, regulation, or practice filed on or

after one year after the date of enactment of this Act [Feb. 8,

1996]."

FORBEARANCE AUTHORITY NOT LIMITED

Section 402(b)(3) of Pub. L. 104-104 provided that: "Nothing in

this subsection [amending this section and section 208 of this

title and enacting provisions set out as notes under this section

and section 214 of this title] shall be construed to limit the

authority of the Commission to waive, modify, or forbear from

applying any of the requirements to which reference is made in

paragraph (1) [amending this section and section 208 of this title]

under any other provision of this Act [see Short Title of 1996

Amendment note set out under section 609 of this title] or other

law."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 155, 405 of this

title.

-End-

-CITE-

47 USC Sec. 205 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 205. Commission authorized to prescribe just and reasonable

charges; penalties for violations

-STATUTE-

(a) Whenever, after full opportunity for hearing, upon a

complaint or under an order for investigation and hearing made by

the Commission on its own initiative, the Commission shall be of

opinion that any charge, classification, regulation, or practice of

any carrier or carriers is or will be in violation of any of the

provisions of this chapter, the Commission is authorized and

empowered to determine and prescribe what will be the just and

reasonable charge or the maximum or minimum, or maximum and

minimum, charge or charges to be thereafter observed, and what

classification, regulation, or practice is or will be just, fair,

and reasonable, to be thereafter followed, and to make an order

that the carrier or carriers shall cease and desist from such

violation to the extent that the Commission finds that the same

does or will exist, and shall not thereafter publish, demand, or

collect any charge other than the charge so prescribed, or in

excess of the maximum or less than the minimum so prescribed, as

the case may be, and shall adopt the classification and shall

conform to and observe the regulation or practice so prescribed.

(b) Any carrier, any officer, representative, or agent of a

carrier, or any receiver, trustee, lessee, or agent of either of

them, who knowingly fails or neglects to obey any order made under

the provisions of this section shall forfeit to the United States

the sum of $12,000 for each offense. Every distinct violation shall

be a separate offense, and in case of continuing violation each day

shall be deemed a separate offense.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 205, 48 Stat. 1072; Pub. L.

101-239, title III, Sec. 3002(c), Dec. 19, 1989, 103 Stat. 2131.)

-MISC1-

AMENDMENTS

1989 - Subsec. (b). Pub. L. 101-239 substituted "$12,000" for

"$1,000".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 152 of this title.

-End-

-CITE-

47 USC Sec. 206 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 206. Carriers' liability for damages

-STATUTE-

In case any common carrier shall do, or cause or permit to be

done, any act, matter, or thing in this chapter prohibited or

declared to be unlawful, or shall omit to do any act, matter, or

thing in this chapter required to be done, such common carrier

shall be liable to the person or persons injured thereby for the

full amount of damages sustained in consequence of any such

violation of the provisions of this chapter, together with a

reasonable counsel or attorney's fee, to be fixed by the court in

every case of recovery, which attorney's fee shall be taxed and

collected as part of the costs in the case.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 206, 48 Stat. 1072.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 274 of this title.

-End-

-CITE-

47 USC Sec. 207 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 207. Recovery of damages

-STATUTE-

Any person claiming to be damaged by any common carrier subject

to the provisions of this chapter may either make complaint to the

Commission as hereinafter provided for, or may bring suit for the

recovery of the damages for which such common carrier may be liable

under the provisions of this chapter, in any district court of the

United States of competent jurisdiction; but such person shall not

have the right to pursue both such remedies.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 207, 48 Stat. 1073.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 274 of this title.

-End-

-CITE-

47 USC Sec. 208 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 208. Complaints to Commission; investigations; duration of

investigation; appeal of order concluding investigation

-STATUTE-

(a) Any person, any body politic, or municipal organization, or

State commission, complaining of anything done or omitted to be

done by any common carrier subject to this chapter, in

contravention of the provisions thereof, may apply to said

Commission by petition which shall briefly state the facts,

whereupon a statement of the complaint thus made shall be forwarded

by the Commission to such common carrier, who shall be called upon

to satisfy the complaint or to answer the same in writing within a

reasonable time to be specified by the Commission. If such common

carrier within the time specified shall make reparation for the

injury alleged to have been caused, the common carrier shall be

relieved of liability to the complainant only for the particular

violation of law thus complained of. If such carrier or carriers

shall not satisfy the complaint within the time specified or there

shall appear to be any reasonable ground for investigating said

complaint, it shall be the duty of the Commission to investigate

the matters complained of in such manner and by such means as it

shall deem proper. No complaint shall at any time be dismissed

because of the absence of direct damage to the complaint.

(b)(1) Except as provided in paragraph (2), the Commission shall,

with respect to any investigation under this section of the

lawfulness of a charge, classification, regulation, or practice,

issue an order concluding such investigation within 5 months after

the date on which the complaint was filed.

(2) The Commission shall, with respect to any such investigation

initiated prior to November 3, 1988, issue an order concluding the

investigation not later than 12 months after November 3, 1988.

(3) Any order concluding an investigation under paragraph (1) or

(2) shall be a final order and may be appealed under section 402(a)

of this title.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 208, 48 Stat. 1073; Pub. L.

100-594, Sec. 8(c), Nov. 3, 1988, 102 Stat. 3023; Pub. L. 104-104,

title IV, Sec. 402(b)(1)(B), Feb. 8, 1996, 110 Stat. 129.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-104 substituted "such

investigation within 5 months" for "such investigation within 12

months" and struck out before period at end ", or within 15 months

after such date if the investigation raises questions of fact of

such extraordinary complexity that the questions cannot be resolved

within 12 months".

1988 - Pub. L. 100-594 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-104 applicable with respect to any

charge, classification, regulation, or practice filed on or after

one year after Feb. 8, 1996, see section 402(b)(4) of Pub. L.

104-104, set out as a note under section 204 of this title.

FORBEARANCE AUTHORITY NOT LIMITED

Nothing in amendment by Pub. L. 104-104 to be construed to limit

authority of Commission to waive, modify, or forbear from applying

certain requirements, see section 402(b)(3) of Pub. L. 104-104, set

out as a note under section 204 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 155, 332, 405 of this

title.

-End-

-CITE-

47 USC Sec. 209 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 209. Orders for payment of money

-STATUTE-

If, after hearing on a complaint, the Commission shall determine

that any party complainant is entitled to an award of damages under

the provisions of this chapter, the Commission shall make an order

directing the carrier to pay to the complainant the sum to which he

is entitled on or before a day named.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 209, 48 Stat. 1073.)

-End-

-CITE-

47 USC Sec. 210 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 210. Franks and passes; free service to governmental agencies

in connection with national defense

-STATUTE-

(a) Nothing in this chapter or in any other provision of law

shall be construed to prohibit common carriers from issuing or

giving franks to, or exchanging franks with each other for the use

of, their officers, agents, employees, and their families, or,

subject to such rules as the Commission may prescribe, from

issuing, giving, or exchanging franks and passes to or with other

common carriers not subject to the provisions of this chapter, for

the use of their officers, agents, employees, and their families.

The term "employees", as used in this section, shall include

furloughed, pensioned, and superannuated employees.

(b) Nothing in this chapter or in any other provision of law

shall be construed to prohibit common carriers from rendering to

any agency of the Government free service in connection with the

preparation for the national defense: Provided, That such free

service may be rendered only in accordance with such rules and

regulations as the Commission may prescribe therefor.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 210, 48 Stat. 1073; June

25, 1940, ch. 422, 54 Stat. 570.)

-MISC1-

AMENDMENTS

1940 - Act June 25, 1940, designated existing provisions as

subsec. (a) and added subsec. (b).

-End-

-CITE-

47 USC Sec. 211 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 211. Contracts of carriers; filing with Commission

-STATUTE-

(a) Every carrier subject to this chapter shall file with the

Commission copies of all contracts, agreements, or arrangements

with other carriers, or with common carriers not subject to the

provisions of this chapter, in relation to any traffic affected by

the provisions of this chapter to which it may be a party.

(b) The Commission shall have authority to require the filing of

any other contracts of any carrier, and shall also have authority

to exempt any carrier from submitting copies of such minor

contracts as the Commission may determine.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 211, 48 Stat. 1073.)

-End-

-CITE-

47 USC Sec. 212 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 212. Interlocking directorates; officials dealing in

securities

-STATUTE-

It shall be unlawful for any person to hold the position of

officer or director of more than one carrier subject to this

chapter, unless such holding shall have been authorized by order of

the Commission, upon due showing in form and manner prescribed by

the Commission, that neither public nor private interests will be

adversely affected thereby: Provided, That the Commission may

authorize persons to hold the position of officer or director in

more than one such carrier, without regard to the requirements of

this section, where it has found that one of the two or more

carriers directly or indirectly owns more than 50 per centum of the

stock of the other or others, or that 50 per centum or more of the

stock of all such carriers is directly or indirectly owned by the

same person. After this section takes effect it shall be unlawful

for any officer or director of any carrier subject to this chapter

to receive for his own benefit directly or indirectly, any money or

thing of value in respect of negotiation, hypothecation, or sale of

any securities issued or to be issued by such carrier, or to share

in any of the proceeds thereof, or to participate in the making or

paying of any dividends of such carriers from any funds properly

included in capital account.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 212, 48 Stat. 1074; Aug. 2,

1956, ch. 874, Sec. 1, 70 Stat. 931; Pub. L. 103-414, title III,

Sec. 304(a)(2), Oct. 25, 1994, 108 Stat. 4296.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-414 substituted "It shall" for "After sixty

days from June 19, 1934, it shall".

1956 - Act Aug. 2, 1956, inserted proviso that Commission may

authorize persons to hold position of officer or director in more

than one carrier, where carrier owns more than 50 percent of the

stock of the other carriers, or that 50 percent or more of the

stock of all such carriers is owned by the same person, struck out

"such" before "carrier" in sentence after proviso, inserted

"subject to this chapter" after that word, and substituted

"carriers" for "carrier" toward end of said sentence.

-End-

-CITE-

47 USC Sec. 213 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 213. Valuation of property of carrier

-STATUTE-

(a) Hearing

The Commission may from time to time, as may be necessary for the

proper administration of this chapter, and after opportunity for

hearing, make a valuation of all or of any part of the property

owned or used by any carrier subject to this chapter, as of such

date as the Commission may fix.

(b) Inventory

The Commission may at any time require any such carrier to file

with the Commission an inventory of all or of any part of the

property owned or used by said carrier, which inventory shall show

the units of said property classified in such detail, and in such

manner, as the Commission shall direct, and shall show the

estimated cost of reproduction new of said units, and their

reproduction cost new less depreciation, as of such date as the

Commission may direct; and such carrier shall file such inventory

within such reasonable time as the Commission by order shall

require.

(c) Original cost

The Commission may at any time require any such carrier to file

with the Commission a statement showing the original cost at the

time of dedication to the public use of all or of any part of the

property owned or used by said carrier. For the showing of such

original cost said property shall be classified, and the original

cost shall be defined, in such manner as the Commission may

prescribe; and if any part of such cost cannot be determined from

accounting or other records, the portion of the property for which

such cost cannot be determined shall be reported to the Commission;

and, if the Commission shall so direct, the original cost thereof

shall be estimated in such manner as the Commission may prescribe.

If the carrier owning the property at the time such original cost

is reported shall have paid more or less than the original cost to

acquire the same, the amount of such cost of acquisition, and any

facts which the Commission may require in connection therewith,

shall be reported with such original cost. The report made by a

carrier under this subsection shall show the source or sources from

which the original cost reported was obtained, and such other

information as to the manner in which the report was prepared, as

the Commission shall require.

(d) Easement, license or franchise

Nothing shall be included in the original cost reported for the

property of any carrier under subsection (c) of this section on

account of any easement, license, or franchise granted by the

United States or by any State or political subdivision thereof,

beyond the reasonable necessary expense lawfully incurred in

obtaining such easement, license, or franchise from the public

authority aforesaid, which expense shall be reported separately

from all other costs in such detail as the Commission may require;

and nothing shall be included in any valuation of the property of

any carrier made by the Commission on account of any such easement,

license, or franchise, beyond such reasonable necessary expense

lawfully incurred as aforesaid.

(e) Improvements; changes in condition

The Commission shall keep itself informed of all new

construction, extensions, improvements, retirements, or other

changes in the condition, quantity, use, and classification of the

property of common carriers, and of the cost of all additions and

betterments thereto and of all changes in the investment therein,

and may keep itself informed of current changes in costs and values

of carrier properties.

(f) Additional information; access to records and data

For the purpose of enabling the Commission to make a valuation of

any of the property of any such carrier, or to find the original

cost of such property, or to find any other facts concerning the

same which are required for use by the Commission, it shall be the

duty of each such carrier to furnish to the Commission, within such

reasonable time as the Commission may order, any information with

respect thereto which the Commission may by order require,

including copies of maps, contracts, reports of engineers, and

other data, records, and papers, and to grant to all agents of the

Commission free access to its property and its accounts, records,

and memoranda whenever and wherever requested by any such duly

authorized agent, and to cooperate with and aid the Commission in

the work of making any such valuation or finding in such manner and

to such extent as the Commission may require and direct, and all

rules and regulations made by the Commission for the purpose of

administering this section shall have the full force and effect of

law. Unless otherwise ordered by the Commission, with the reasons

therefor, the records and data of the Commission shall be open to

the inspection and examination of the public. The Commission, in

making any such valuation, shall be free to adopt any method of

valuation which shall be lawful.

(g) State commissions

Nothing in this section shall impair or diminish the powers of

any State commission.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 213, 48 Stat. 1074; Pub. L.

103-414, title III, Sec. 304(a)(3), Oct. 25, 1994, 108 Stat. 4296.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (g), (h). Pub. L. 103-414 redesignated subsec.

(h) as (g) and struck out former subsec. (g) which read as follows:

"Notwithstanding any provision of this chapter the Interstate

Commerce Commission, if requested to do so by the Commission, shall

complete, at the earliest practicable date, such valuations of

properties of carriers subject to this chapter as are now in

progress, and shall thereafter transfer to the Commission the

records relating thereto."

-End-

-CITE-

47 USC Sec. 214 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 214. Extension of lines or discontinuance of service;

certificate of public convenience and necessity

-STATUTE-

(a) Exceptions; temporary or emergency service or discontinuance of

service; changes in plant, operation or equipment

No carrier shall undertake the construction of a new line or of

an extension of any line, or shall acquire or operate any line, or

extension thereof, or shall engage in transmission over or by means

of such additional or extended line, unless and until there shall

first have been obtained from the Commission a certificate that the

present or future public convenience and necessity require or will

require the construction, or operation, or construction and

operation, of such additional or extended line: Provided, That no

such certificate shall be required under this section for the

construction, acquisition, or operation of (1) a line within a

single State unless such line constitutes part of an interstate

line, (2) local, branch, or terminal lines not exceeding ten miles

in length, or (3) any line acquired under section 221 of this

title: Provided further, That the Commission may, upon appropriate

request being made, authorize temporary or emergency service, or

the supplementing of existing facilities, without regard to the

provisions of this section. No carrier shall discontinue, reduce,

or impair service to a community, or part of a community, unless

and until there shall first have been obtained from the Commission

a certificate that neither the present nor future public

convenience and necessity will be adversely affected thereby;

except that the Commission may, upon appropriate request being

made, authorize temporary or emergency discontinuance, reduction,

or impairment of service, or partial discontinuance, reduction, or

impairment of service, without regard to the provisions of this

section. As used in this section the term "line" means any channel

of communication established by the use of appropriate equipment,

other than a channel of communication established by the

interconnection of two or more existing channels: Provided,

however, That nothing in this section shall be construed to require

a certificate or other authorization from the Commission for any

installation, replacement, or other changes in plant, operation, or

equipment, other than new construction, which will not impair the

adequacy or quality of service provided.

(b) Notification of Secretary of Defense, Secretary of State, and

State Governor

Upon receipt of an application for any such certificate, the

Commission shall cause notice thereof to be given to, and shall

cause a copy of such application to be filed with, the Secretary of

Defense, the Secretary of State (with respect to such applications

involving service to foreign points), and the Governor of each

State in which such line is proposed to be constructed, extended,

acquired, or operated, or in which such discontinuance, reduction,

or impairment of service is proposed, with the right to those

notified to be heard; and the Commission may require such published

notice as it shall determine.

(c) Approval or disapproval; injunction

The Commission shall have power to issue such certificate as

applied for, or to refuse to issue it, or to issue it for a portion

or portions of a line, or extension thereof, or discontinuance,

reduction, or impairment of service, described in the application,

or for the partial exercise only of such right or privilege, and

may attach to the issuance of the certificate such terms and

conditions as in its judgment the public convenience and necessity

may require. After issuance of such certificate, and not before,

the carrier may, without securing approval other than such

certificate, comply with the terms and conditions contained in or

attached to the issuance of such certificate and proceed with the

construction, extension, acquisition, operation, or discontinuance,

reduction, or impairment of service covered thereby. Any

construction, extension, acquisition, operation, discontinuance,

reduction, or impairment of service contrary to the provisions of

this section may be enjoined by any court of competent jurisdiction

at the suit of the United States, the Commission, the State

commission, any State affected, or any party in interest.

(d) Order of Commission; hearing; penalty

The Commission may, after full opportunity for hearing, in a

proceeding upon complaint or upon its own initiative without

complaint, authorize or require by order any carrier, party to such

proceeding, to provide itself with adequate facilities for the

expeditious and efficient performance of its service as a common

carrier and to extend its line or to establish a public office; but

no such authorization or order shall be made unless the Commission

finds, as to such provision of facilities, as to such establishment

of public offices, or as to such extension, that it is reasonably

required in the interest of public convenience and necessity, or as

to such extension or facilities that the expense involved therein

will not impair the ability of the carrier to perform its duty to

the public. Any carrier which refuses or neglects to comply with

any order of the Commission made in pursuance of this subsection

shall forfeit to the United States $1,200 for each day during which

such refusal or neglect continues.

(e) Provision of universal service

(1) Eligible telecommunications carriers

A common carrier designated as an eligible telecommunications

carrier under paragraph (2), (3), or (6) shall be eligible to

receive universal service support in accordance with section 254

of this title and shall, throughout the service area for which

the designation is received -

(A) offer the services that are supported by Federal

universal service support mechanisms under section 254(c) of

this title, either using its own facilities or a combination of

its own facilities and resale of another carrier's services

(including the services offered by another eligible

telecommunications carrier); and

(B) advertise the availability of such services and the

charges therefor using media of general distribution.

(2) Designation of eligible telecommunications carriers

A State commission shall upon its own motion or upon request

designate a common carrier that meets the requirements of

paragraph (1) as an eligible telecommunications carrier for a

service area designated by the State commission. Upon request and

consistent with the public interest, convenience, and necessity,

the State commission may, in the case of an area served by a

rural telephone company, and shall, in the case of all other

areas, designate more than one common carrier as an eligible

telecommunications carrier for a service area designated by the

State commission, so long as each additional requesting carrier

meets the requirements of paragraph (1). Before designating an

additional eligible telecommunications carrier for an area served

by a rural telephone company, the State commission shall find

that the designation is in the public interest.

(3) Designation of eligible telecommunications carriers for

unserved areas

If no common carrier will provide the services that are

supported by Federal universal service support mechanisms under

section 254(c) of this title to an unserved community or any

portion thereof that requests such service, the Commission, with

respect to interstate services or an area served by a common

carrier to which paragraph (6) applies, or a State commission,

with respect to intrastate services, shall determine which common

carrier or carriers are best able to provide such service to the

requesting unserved community or portion thereof and shall order

such carrier or carriers to provide such service for that

unserved community or portion thereof. Any carrier or carriers

ordered to provide such service under this paragraph shall meet

the requirements of paragraph (1) and shall be designated as an

eligible telecommunications carrier for that community or portion

thereof.

(4) Relinquishment of universal service

A State commission (or the Commission in the case of a common

carrier designated under paragraph (6)) shall permit an eligible

telecommunications carrier to relinquish its designation as such

a carrier in any area served by more than one eligible

telecommunications carrier. An eligible telecommunications

carrier that seeks to relinquish its eligible telecommunications

carrier designation for an area served by more than one eligible

telecommunications carrier shall give advance notice to the State

commission (or the Commission in the case of a common carrier

designated under paragraph (6)) of such relinquishment. Prior to

permitting a telecommunications carrier designated as an eligible

telecommunications carrier to cease providing universal service

in an area served by more than one eligible telecommunications

carrier, the State commission (or the Commission in the case of a

common carrier designated under paragraph (6)) shall require the

remaining eligible telecommunications carrier or carriers to

ensure that all customers served by the relinquishing carrier

will continue to be served, and shall require sufficient notice

to permit the purchase or construction of adequate facilities by

any remaining eligible telecommunications carrier. The State

commission (or the Commission in the case of a common carrier

designated under paragraph (6)) shall establish a time, not to

exceed one year after the State commission (or the Commission in

the case of a common carrier designated under paragraph (6))

approves such relinquishment under this paragraph, within which

such purchase or construction shall be completed.

(5) "Service area" defined

The term "service area" means a geographic area established by

a State commission (or the Commission under paragraph (6)) for

the purpose of determining universal service obligations and

support mechanisms. In the case of an area served by a rural

telephone company, "service area" means such company's "study

area" unless and until the Commission and the States, after

taking into account recommendations of a Federal-State Joint

Board instituted under section 410(c) of this title, establish a

different definition of service area for such company.

(6) Common carriers not subject to State commission jurisdiction

In the case of a common carrier providing telephone exchange

service and exchange access that is not subject to the

jurisdiction of a State commission, the Commission shall upon

request designate such a common carrier that meets the

requirements of paragraph (1) as an eligible telecommunications

carrier for a service area designated by the Commission

consistent with applicable Federal and State law. Upon request

and consistent with the public interest, convenience and

necessity, the Commission may, with respect to an area served by

a rural telephone company, and shall, in the case of all other

areas, designate more than one common carrier as an eligible

telecommunications carrier for a service area designated under

this paragraph, so long as each additional requesting carrier

meets the requirements of paragraph (1). Before designating an

additional eligible telecommunications carrier for an area served

by a rural telephone company, the Commission shall find that the

designation is in the public interest.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 214, 48 Stat. 1075; Mar. 6,

1943, ch. 10, Secs. 2-5, 57 Stat. 11; Pub. L. 93-506, Sec. 1, Nov.

30, 1974, 88 Stat. 1577; Pub. L. 101-239, title III, Sec. 3002(d),

Dec. 19, 1989, 103 Stat. 2131; Pub. L. 103-414, title III, Sec.

304(a)(4), Oct. 25, 1994, 108 Stat. 4296; Pub. L. 104-104, title I,

Sec. 102(a), Feb. 8, 1996, 110 Stat. 80; Pub. L. 105-125, Sec. 1,

Dec. 1, 1997, 111 Stat. 2540.)

-MISC1-

AMENDMENTS

1997 - Subsec. (e)(1). Pub. L. 105-125, Sec. 1(1), substituted

"(2), (3), or (6)" for "(2) or (3)".

Subsec. (e)(3). Pub. L. 105-125, Sec. 1(2), substituted

"interstate services or an area served by a common carrier to which

paragraph (6) applies" for "interstate services".

Subsec. (e)(4). Pub. L. 105-125, Sec. 1(3), inserted "(or the

Commission in the case of a common carrier designated under

paragraph (6))" after "State commission" wherever appearing.

Subsec. (e)(5). Pub. L. 105-125, Sec. 1(4), inserted "(or the

Commission under paragraph (6))" after "State commission".

Subsec. (e)(6). Pub. L. 105-125, Sec. 1(5), added par. (6).

1996 - Subsec. (e). Pub. L. 104-104 added subsec. (e).

1994 - Subsec. (a). Pub. L. 103-414 substituted "section 221" for

"section 221 or 222".

1989 - Subsec. (d). Pub. L. 101-239 substituted "$1,200" for

"$100".

1974 - Subsec. (b). Pub. L. 93-506 substituted "the Secretary of

Defense, the Secretary of State (with respect to such applications

involving service to foreign points)," for "the Secretary of the

Army, the Secretary of the Navy,".

1943 - Subsec. (a). Act Mar. 6, 1943, Sec. 2, among other changes

inserted all after "no carrier shall discontinue", etc.

Subsec. (b). Act Mar. 6, 1943, Sec. 3, among other changes

provided notice should be filed with Secretary of War and the

Secretary of the Navy.

Subsec. (c). Act Mar. 6, 1943, Sec. 4, extended provisions to

include discontinuance, reduction, or impairment of service.

Subsec. (d). Act Mar. 6, 1943, Sec. 5, amended first sentence.

EXTENSION OF LINES; ARMIS REPORTS

Section 402(b)(2) of Pub. L. 104-104 provided that: "The

Commission shall permit any common carrier -

"(A) to be exempt from the requirements of section 214 of the

Communications Act of 1934 [47 U.S.C. 214] for the extension of

any line; and

"(B) to file cost allocation manuals and ARMIS reports

annually, to the extent such carrier is required to file such

manuals or reports."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 158, 252, 253, 254, 259,

571 of this title.

-End-

-CITE-

47 USC Sec. 215 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 215. Examination of transactions relating to furnishing of

services, equipment, etc.; reports to Congress

-STATUTE-

(a) Access to records and documents

The Commission shall examine into transactions entered into by

any common carrier which relate to the furnishing of equipment,

supplies, research, services, finances, credit, or personnel to

such carrier and/or which may affect the charges made or to be made

and/or the services rendered or to be rendered by such carrier, in

wire or radio communication subject to this chapter, and shall

report to the Congress whether any such transactions have affected

or are likely to affect adversely the ability of the carrier to

render adequate service to the public, or may result in any undue

or unreasonable increase in charges or in the maintenance of undue

or unreasonable charges for such service; and in order to fully

examine into such transactions the Commission shall have access to

and the right of inspection and examination of all accounts,

records, and memoranda, including all documents, papers, and

correspondence now or hereafter existing, of persons furnishing

such equipment, supplies, research, services, finances, credit, or

personnel. The Commission shall include in its report its

recommendations for necessary legislation in connection with such

transactions, and shall report specifically whether in its opinion

legislation should be enacted (1) authorizing the Commission to

declare any such transactions void or to permit such transactions

to be carried out subject to such modification of their terms and

conditions as the Commission shall deem desirable in the public

interest; and/or (2) subjecting such transactions to the approval

of the Commission where the person furnishing or seeking to furnish

the equipment, supplies, research, services, finances, credit, or

personnel is a person directly or indirectly controlling or

controlled by, or under direct or indirect common control with,

such carrier; and/or (3) authorizing the Commission to require that

all or any transactions of carriers involving the furnishing of

equipment, supplies, research, services, finances, credit, or

personnel to such carrier be upon competitive bids on such terms

and conditions and subject to such regulations as it shall

prescribe as necessary in the public interest.

(b) Wire telephone and telegraph services

The Commission shall investigate the methods by which and the

extent to which wire telephone companies are furnishing wire

telegraph service and wire telegraph companies are furnishing wire

telephone service, and shall report its findings to Congress,

together with its recommendations as to whether additional

legislation on this subject is desirable.

(c) Exclusive dealing contracts

The Commission shall examine all contracts of common carriers

subject to this chapter which prevent the other party thereto from

dealing with another common carrier subject to this chapter, and

shall report its findings to Congress, together with its

recommendations as to whether additional legislation on this

subject is desirable.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 215, 48 Stat. 1076.)

-End-

-CITE-

47 USC Sec. 216 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 216. Receivers and trustees; application of chapter

-STATUTE-

The provisions of this chapter shall apply to all receivers and

operating trustees of carriers subject to this chapter to the same

extent that it applies to carriers.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 216, 48 Stat. 1077.)

-End-

-CITE-

47 USC Sec. 217 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 217. Agents' acts and omissions; liability of carrier

-STATUTE-

In construing and enforcing the provisions of this chapter, the

act, omission, or failure of any officer, agent, or other person

acting for or employed by any common carrier or user, acting within

the scope of his employment, shall in every case be also deemed to

be the act, omission, or failure of such carrier or user as well as

that of the person.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 217, 48 Stat. 1077.)

-End-

-CITE-

47 USC Sec. 218 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 218. Management of business; inquiries by Commission

-STATUTE-

The Commission may inquire into the management of the business of

all carriers subject to this chapter, and shall keep itself

informed as to the manner and method in which the same is conducted

and as to technical developments and improvements in wire and radio

communication and radio transmission of energy to the end that the

benefits of new inventions and developments may be made available

to the people of the United States. The Commission may obtain from

such carriers and from persons directly or indirectly controlling

or controlled by, or under direct or indirect common control with,

such carriers full and complete information necessary to enable the

Commission to perform the duties and carry out the objects for

which it was created.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 218, 48 Stat. 1077.)

-End-

-CITE-

47 USC Sec. 219 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 219. Reports by carriers; contents and requirements generally

-STATUTE-

(a) The Commission is authorized to require annual reports from

all carriers subject to this chapter, and from persons directly or

indirectly controlling or controlled by, or under direct or

indirect common control with any such carrier, to prescribe the

manner in which such reports shall be made, and to require from

such persons specific answers to all questions upon which the

Commission may need information. Except as otherwise required by

the Commission, such annual reports shall show in detail the amount

of capital stock issued, the amount and privileges of each class of

stock, the amounts paid therefor, and the manner of payment for the

same; the dividends paid and the surplus fund, if any; the number

of stockholders (and the names of the thirty largest holders of

each class of stock and the amount held by each); the funded and

floating debts and the interest paid thereon; the cost and value of

the carrier's property, franchises, and equipment; the number of

employees and the salaries paid each class; the names of all

officers and directors, and the amount of salary, bonus, and all

other compensation paid to each; the amounts expended for

improvements each year, how expended, and the character of such

improvements; the earnings and receipts from each branch of

business and from all sources; the operating and other expenses;

the balances of profit and loss; and a complete exhibit of the

financial operations of the carrier each year, including an annual

balance sheet. Such reports shall also contain such information in

relation to charges or regulations concerning charges, or

agreements, arrangements, or contracts affecting the same, as the

Commission may require.

(b) Such reports shall be for such twelve months' period as the

Commission shall designate and shall be filed with the Commission

at its office in Washington within three months after the close of

the year for which the report is made, unless additional time is

granted in any case by the Commission; and if any person subject to

the provisions of this section shall fail to make and file said

annual reports within the time above specified, or within the time

extended by the Commission, for making and filing the same, or

shall fail to make specific answer to any question authorized by

the provisions of this section within thirty days from the time it

is lawfully required so to do, such person shall forfeit to the

United States the sum of $1,200 for each and every day it shall

continue to be in default with respect thereto. The Commission may

by general or special orders require any such carriers to file

monthly reports of earnings and expenses and to file periodical

and/or special reports concerning any matters with respect to which

the Commission is authorized or required by law to act. If any such

carrier shall fail to make and file any such periodical or special

report within the time fixed by the Commission, it shall be subject

to the forfeitures above provided.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 219, 48 Stat. 1077; Aug. 2,

1956, ch. 874, Sec. 2, 70 Stat. 931; Pub. L. 87-444, Secs. 1, 2,

Apr. 27, 1962, 76 Stat. 63; Pub. L. 101-239, title III, Sec.

3002(e), Dec. 19, 1989, 103 Stat. 2131.)

-MISC1-

AMENDMENTS

1989 - Subsec. (b). Pub. L. 101-239 substituted "$1,200" for

"$100".

1962 - Subsec. (a). Pub. L. 87-444, Sec. 1, struck out "under

oath" after "require annual report".

Subsec. (b). Pub. L. 87-444, Sec. 2, struck out provisions that

the periodical or special reports be under oath whenever the

Commission so required.

1956 - Subsec. (a). Act Aug. 2, 1956, substituted "Except as

otherwise required by the Commission, such" for "Such" at beginning

of second sentence.

-End-

-CITE-

47 USC Sec. 220 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 220. Accounts, records, and memoranda

-STATUTE-

(a) Forms

(1) The Commission may, in its discretion, prescribe the forms of

any and all accounts, records, and memoranda to be kept by carriers

subject to this chapter, including the accounts, records, and

memoranda of the movement of traffic, as well as of the receipts

and expenditures of moneys.

(2) The Commission shall, by rule, prescribe a uniform system of

accounts for use by telephone companies. Such uniform system shall

require that each common carrier shall maintain a system of

accounting methods, procedures, and techniques (including accounts

and supporting records and memoranda) which shall ensure a proper

allocation of all costs to and among telecommunications services,

facilities, and products (and to and among classes of such

services, facilities, and products) which are developed,

manufactured, or offered by such common carrier.

(b) Depreciation charges

The Commission may prescribe, for such carriers as it determines

to be appropriate, the classes of property for which depreciation

charges may be properly included under operating expenses, and the

percentages of depreciation which shall be charged with respect to

each of such classes of property, classifying the carriers as it

may deem proper for this purpose. The Commission may, when it deems

necessary, modify the classes and percentages so prescribed. Such

carriers shall not, after the Commission has prescribed the classes

of property for which depreciation charges may be included, charge

to operating expenses any depreciation charges on classes of

property other than those prescribed by the Commission, or after

the Commission has prescribed percentages of depreciation, charge

with respect to any class of property a percentage of depreciation

other than that prescribed therefor by the Commission. No such

carrier shall in any case include in any form under its operating

or other expenses any depreciation or other charge or expenditure

included elsewhere as a depreciation charge or otherwise under its

operating or other expenses.

(c) Access to information; burden of proof; use of independent

auditors

The Commission shall at all times have access to and the right of

inspection and examination of all accounts, records, and memoranda,

including all documents, papers, and correspondence now or

hereafter existing, and kept or required to be kept by such

carriers, and the provisions of this section respecting the

preservation and destruction of books, papers, and documents shall

apply thereto. The burden of proof to justify every accounting

entry questioned by the Commission shall be on the person making,

authorizing, or requiring such entry and the Commission may suspend

a charge or credit pending submission of proof by such person. Any

provision of law prohibiting the disclosure of the contents of

messages or communications shall not be deemed to prohibit the

disclosure of any matter in accordance with the provisions of this

section. The Commission may obtain the services of any person

licensed to provide public accounting services under the law of any

State to assist with, or conduct, audits under this section. While

so employed or engaged in conducting an audit for the Commission

under this section, any such person shall have the powers granted

the Commission under this subsection and shall be subject to

subsection (f) of this section in the same manner as if that person

were an employee of the Commission.

(d) Penalty for failure to comply

In case of failure or refusal on the part of any such carrier to

keep such accounts, records, and memoranda on the books and in the

manner prescribed by the Commission, or to submit such accounts,

records, memoranda, documents, papers, and correspondence as are

kept to the inspection of the Commission or any of its authorized

agents, such carrier shall forfeit to the United States the sum of

$6,000 for each day of the continuance of each such offense.

(e) False entry; destruction; penalty

Any person who shall willfully make any false entry in the

accounts of any book of accounts or in any record or memoranda kept

by any such carrier, or who shall willfully destroy, mutilate,

alter, or by any other means or device falsify any such account,

record, or memoranda, or who shall willfully neglect or fail to

make full, true, and correct entries in such accounts, records, or

memoranda of all facts and transactions appertaining to the

business of the carrier, shall be deemed guilty of a misdemeanor,

and shall be subject, upon conviction, to a fine of not less than

$1,000 nor more than $5,000 or imprisonment for a term of not less

than one year nor more than three years, or both such fine and

imprisonment: Provided, That the Commission may in its discretion

issue orders specifying such operating, accounting, or financial

papers, records, books, blanks, or documents which may, after a

reasonable time, be destroyed, and prescribing the length of time

such books, papers, or documents shall be preserved.

(f) Confidentiality of information

No member, officer, or employee of the Commission shall divulge

any fact or information which may come to his knowledge during the

course of examination of books or other accounts, as hereinbefore

provided, except insofar as he may be directed by the Commission or

by a court.

(g) Use of other forms; alterations in prescribed forms

After the Commission has prescribed the forms and manner of

keeping of accounts, records, and memoranda to be kept by any

person as herein provided, it shall be unlawful for such person to

keep any other accounts, records, or memoranda than those so

prescribed or such as may be approved by the Commission or to keep

the accounts in any other manner than that prescribed or approved

by the Commission. Notice of alterations by the Commission in the

required manner or form of keeping accounts shall be given to such

persons by the Commission at least six months before the same are

to take effect.

(h) Exemption; regulation by State commission

The Commission may classify carriers subject to this chapter and

prescribe different requirements under this section for different

classes of carriers, and may, if it deems such action consistent

with the public interest, except the carriers of any particular

class or classes in any State from any of the requirements under

this section in cases where such carriers are subject to State

commission regulation with respect to matters to which this section

relates.

(i) Consultation with State commissions

The Commission, before prescribing any requirements as to

accounts, records, or memoranda, shall notify each State commission

having jurisdiction with respect to any carrier involved, and shall

give reasonable opportunity to each such commission to present its

views, and shall receive and consider such views and

recommendations.

(j) Report to Congress on need for further legislation

The Commission shall investigate and report to Congress as to the

need for legislation to define further or harmonize the powers of

the Commission and of State commissions with respect to matters to

which this section relates.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 220, 48 Stat. 1078; Pub. L.

101-239, title III, Sec. 3002(f), Dec. 19, 1989, 103 Stat. 2131;

Pub. L. 103-414, title III, Secs. 303(a)(7), (8), 304(a)(5), Oct.

25, 1994, 108 Stat. 4294, 4296; Pub. L. 104-104, title IV, Sec.

403(d), (e), Feb. 8, 1996, 110 Stat. 130.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-104, Sec. 403(d), substituted

"may prescribe, for such carriers as it determines to be

appropriate," for "shall prescribe for such carriers".

Subsec. (c). Pub. L. 104-104, Sec. 403(e), inserted at end "The

Commission may obtain the services of any person licensed to

provide public accounting services under the law of any State to

assist with, or conduct, audits under this section. While so

employed or engaged in conducting an audit for the Commission under

this section, any such person shall have the powers granted the

Commission under this subsection and shall be subject to subsection

(f) of this section in the same manner as if that person were an

employee of the Commission."

1994 - Subsec. (a). Pub. L. 103-414, Sec. 303(a)(7), designated

existing provisions as par. (1) and added par. (2).

Subsec. (b). Pub. L. 103-414, Sec. 304(a)(5), struck out ", as

soon as practicable," after "The Commission shall".

Pub. L. 103-414, Sec. 303(a)(8), substituted "classes" for

"clasess" after "prescribed the" in third sentence.

1989 - Subsec. (d). Pub. L. 101-239 substituted "$6,000" for

"$500".

-End-

-CITE-

47 USC Sec. 221 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 221. Consolidations and mergers of telephone companies

-STATUTE-

(a) Repealed. Pub. L. 104-104, title VI, Sec. 601(b)(2), Feb. 8,

1996, 110 Stat. 143

(b) State jurisdiction over services

Subject to the provisions of sections 225 and 301 of this title,

nothing in this chapter shall be construed to apply, or to give the

Commission jurisdiction, with respect to charges, classifications,

practices, services, facilities, or regulations for or in

connection with wire, mobile, or point-to-point radio telephone

exchange service, or any combination thereof, even though a portion

of such exchange service constitutes interstate or foreign

communication, in any case where such matters are subject to

regulation by a State commission or by local governmental

authority.

(c) Determination of property used in interstate toll service

For the purpose of administering this chapter as to carriers

engaged in wire telephone communication, the Commission may

classify the property of any such carrier used for wire telephone

communication, and determine what property of said carrier shall be

considered as used in interstate or foreign telephone toll service.

Such classification shall be made after hearing, upon notice to the

carrier, the State commission (or the Governor, if the State has no

State commission) of any State in which the property of said

carrier is located, and such other persons as the Commission may

prescribe.

(d) Valuation of property

In making a valuation of the property of any wire telephone

carrier the Commission, after making the classification authorized

in this section, may in its discretion value only that part of the

property of such carrier determined to be used in interstate or

foreign telephone toll service.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 221, 48 Stat. 1080; Apr.

27, 1954, ch. 175, Sec. 4, 68 Stat. 64; Aug. 2, 1956, ch. 874, Sec.

3, 70 Stat. 932; Pub. L. 101-336, title IV, Sec. 401(b)(2), July

26, 1990, 104 Stat. 369; Pub. L. 104-104, title VI, Sec. 601(b)(2),

Feb. 8, 1996, 110 Stat. 143.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-104 struck out subsec. (a)

relating to notification of State Governor and State commission,

public hearing, and certification.

1990 - Subsec. (b). Pub. L. 101-336 substituted "sections 225 and

301" for "section 301".

1956 - Subsec. (a). Act Aug. 2, 1956, inserted provisions

relating to submission of comments by parties and required a public

hearing upon request, in lieu of former provisions requiring

hearing upon application.

1954 - Subsec. (b). Act Apr. 27, 1954, included mobile or

point-to-point radio telephone exchange service within exclusions

provided for in such subsection, where it is subject to regulation

by a State commission or by local governmental authority, and made

it clear that the Commission retains its licensing authority over

the radio stations that might be involved in such service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 214, 225, 332 of this

title.

-End-

-CITE-

47 USC Sec. 222 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 222. Privacy of customer information

-STATUTE-

(a) In general

Every telecommunications carrier has a duty to protect the

confidentiality of proprietary information of, and relating to,

other telecommunication carriers, equipment manufacturers, and

customers, including telecommunication carriers reselling

telecommunications services provided by a telecommunications

carrier.

(b) Confidentiality of carrier information

A telecommunications carrier that receives or obtains proprietary

information from another carrier for purposes of providing any

telecommunications service shall use such information only for such

purpose, and shall not use such information for its own marketing

efforts.

(c) Confidentiality of customer proprietary network information

(1) Privacy requirements for telecommunications carriers

Except as required by law or with the approval of the customer,

a telecommunications carrier that receives or obtains customer

proprietary network information by virtue of its provision of a

telecommunications service shall only use, disclose, or permit

access to individually identifiable customer proprietary network

information in its provision of (A) the telecommunications

service from which such information is derived, or (B) services

necessary to, or used in, the provision of such

telecommunications service, including the publishing of

directories.

(2) Disclosure on request by customers

A telecommunications carrier shall disclose customer

proprietary network information, upon affirmative written request

by the customer, to any person designated by the customer.

(3) Aggregate customer information

A telecommunications carrier that receives or obtains customer

proprietary network information by virtue of its provision of a

telecommunications service may use, disclose, or permit access to

aggregate customer information other than for the purposes

described in paragraph (1). A local exchange carrier may use,

disclose, or permit access to aggregate customer information

other than for purposes described in paragraph (1) only if it

provides such aggregate information to other carriers or persons

on reasonable and nondiscriminatory terms and conditions upon

reasonable request therefor.

(d) Exceptions

Nothing in this section prohibits a telecommunications carrier

from using, disclosing, or permitting access to customer

proprietary network information obtained from its customers, either

directly or indirectly through its agents -

(1) to initiate, render, bill, and collect for

telecommunications services;

(2) to protect the rights or property of the carrier, or to

protect users of those services and other carriers from

fraudulent, abusive, or unlawful use of, or subscription to, such

services;

(3) to provide any inbound telemarketing, referral, or

administrative services to the customer for the duration of the

call, if such call was initiated by the customer and the customer

approves of the use of such information to provide such service;

and

(4) to provide call location information concerning the user of

a commercial mobile service (as such term is defined in section

332(d) of this title) -

(A) to a public safety answering point, emergency medical

service provider or emergency dispatch provider, public safety,

fire service, or law enforcement official, or hospital

emergency or trauma care facility, in order to respond to the

user's call for emergency services;

(B) to inform the user's legal guardian or members of the

user's immediate family of the user's location in an emergency

situation that involves the risk of death or serious physical

harm; or

(C) to providers of information or database management

services solely for purposes of assisting in the delivery of

emergency services in response to an emergency.

(e) Subscriber list information

Notwithstanding subsections (b), (c), and (d) of this section, a

telecommunications carrier that provides telephone exchange service

shall provide subscriber list information gathered in its capacity

as a provider of such service on a timely and unbundled basis,

under nondiscriminatory and reasonable rates, terms, and

conditions, to any person upon request for the purpose of

publishing directories in any format.

(f) Authority to use wireless location information

For purposes of subsection (c)(1) of this section, without the

express prior authorization of the customer, a customer shall not

be considered to have approved the use or disclosure of or access

to -

(1) call location information concerning the user of a

commercial mobile service (as such term is defined in section

332(d) of this title), other than in accordance with subsection

(d)(4) of this section; or

(2) automatic crash notification information to any person

other than for use in the operation of an automatic crash

notification system.

(g) Subscriber listed and unlisted information for emergency

services

Notwithstanding subsections (b), (c), and (d) of this section, a

telecommunications carrier that provides telephone exchange service

shall provide information described in subsection (i)(3)(A) (!1) of

this section (including information pertaining to subscribers whose

information is unlisted or unpublished) that is in its possession

or control (including information pertaining to subscribers of

other carriers) on a timely and unbundled basis, under

nondiscriminatory and reasonable rates, terms, and conditions to

providers of emergency services, and providers of emergency support

services, solely for purposes of delivering or assisting in the

delivery of emergency services.

(h) Definitions

As used in this section:

(1) Customer proprietary network information

The term "customer proprietary network information" means -

(A) information that relates to the quantity, technical

configuration, type, destination, location, and amount of use

of a telecommunications service subscribed to by any customer

of a telecommunications carrier, and that is made available to

the carrier by the customer solely by virtue of the

carrier-customer relationship; and

(B) information contained in the bills pertaining to

telephone exchange service or telephone toll service received

by a customer of a carrier;

except that such term does not include subscriber list

information.

(2) Aggregate information

The term "aggregate customer information" means collective data

that relates to a group or category of services or customers,

from which individual customer identities and characteristics

have been removed.

(3) Subscriber list information

The term "subscriber list information" means any information -

(A) identifying the listed names of subscribers of a carrier

and such subscribers' telephone numbers, addresses, or primary

advertising classifications (as such classifications are

assigned at the time of the establishment of such service), or

any combination of such listed names, numbers, addresses, or

classifications; and

(B) that the carrier or an affiliate has published, caused to

be published, or accepted for publication in any directory

format.

(4) Public safety answering point

The term "public safety answering point" means a facility that

has been designated to receive emergency calls and route them to

emergency service personnel.

(5) Emergency services

The term "emergency services" means 9-1-1 emergency services

and emergency notification services.

(6) Emergency notification services

The term "emergency notification services" means services that

notify the public of an emergency.

(7) Emergency support services

The term "emergency support services" means information or data

base management services used in support of emergency services.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 222, as added Pub. L.

104-104, title VII, Sec. 702, Feb. 8, 1996, 110 Stat. 148; amended

Pub. L. 106-81, Sec. 5, Oct. 26, 1999, 113 Stat. 1288.)

-MISC1-

PRIOR PROVISIONS

A prior section 222, act June 19, 1934, ch. 652, title II, Sec.

222, as added Mar. 6, 1943, ch. 10, Sec. 1, 57 Stat. 5; amended

July 12, 1960, Pub. L. 86-624, Sec. 36, 74 Stat. 421; Nov. 30,

1974, Pub. L. 93-506, Sec. 2, 88 Stat. 1577; Dec. 24, 1980, Pub. L.

96-590, 94 Stat. 3414; Dec. 29, 1981, Pub. L. 97-130, Sec. 2, 95

Stat. 1687, related to competition among record carriers, prior to

repeal by Pub. L. 103-414, title III, Sec. 304(a)(6), Oct. 25,

1994, 108 Stat. 4297.

AMENDMENTS

1999 - Subsec. (d)(4). Pub. L. 106-81, Sec. 5(1), added par. (4).

Subsecs. (f), (g). Pub. L. 106-81, Sec. 5(2), added subsecs. (f)

and (g). Former subsec. (f) redesignated (h).

Subsec. (h). Pub. L. 106-81, Sec. 5(2)-(4), redesignated subsec.

(f) as (h), inserted "location," after "destination," in par.

(1)(A), and added pars. (4) to (7).

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(h)(3)(A)".

-End-

-CITE-

47 USC Sec. 223 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 223. Obscene or harassing telephone calls in the District of

Columbia or in interstate or foreign communications

-STATUTE-

(a) Prohibited acts generally

Whoever -

(1) in interstate or foreign communications -

(A) by means of a telecommunications device knowingly -

(i) makes, creates, or solicits, and

(ii) initiates the transmission of,

any comment, request, suggestion, proposal, image, or other

communication which is obscene, lewd, lascivious, filthy, or

indecent, with intent to annoy, abuse, threaten, or harass

another person;

(B) by means of a telecommunications device knowingly -

(i) makes, creates, or solicits, and

(ii) initiates the transmission of,

any comment, request, suggestion, proposal, image, or other

communication which is obscene or indecent, knowing that the

recipient of the communication is under 18 years of age,

regardless of whether the maker of such communication placed

the call or initiated the communication;

(C) makes a telephone call or utilizes a telecommunications

device, whether or not conversation or communication ensues,

without disclosing his identity and with intent to annoy,

abuse, threaten, or harass any person at the called number or

who receives the communications;

(D) makes or causes the telephone of another repeatedly or

continuously to ring, with intent to harass any person at the

called number; or

(E) makes repeated telephone calls or repeatedly initiates

communication with a telecommunications device, during which

conversation or communication ensues, solely to harass any

person at the called number or who receives the communication;

or

(2) knowingly permits any telecommunications facility under his

control to be used for any activity prohibited by paragraph (1)

with the intent that it be used for such activity,

shall be fined under title 18 or imprisoned not more than two

years, or both.

(b) Prohibited acts for commercial purposes; defense to prosecution

(1) Whoever knowingly -

(A) within the United States, by means of telephone, makes

(directly or by recording device) any obscene communication for

commercial purposes to any person, regardless of whether the

maker of such communication placed the call; or

(B) permits any telephone facility under such person's control

to be used for an activity prohibited by subparagraph (A),

shall be fined in accordance with title 18 or imprisoned not more

than two years, or both.

(2) Whoever knowingly -

(A) within the United States, by means of telephone, makes

(directly or by recording device) any indecent communication for

commercial purposes which is available to any person under 18

years of age or to any other person without that person's

consent, regardless of whether the maker of such communication

placed the call; or

(B) permits any telephone facility under such person's control

to be used for an activity prohibited by subparagraph (A), shall

be fined not more than $50,000 or imprisoned not more than six

months, or both.

(3) It is a defense to prosecution under paragraph (2) of this

subsection that the defendant restricted access to the prohibited

communication to persons 18 years of age or older in accordance

with subsection (c) of this section and with such procedures as the

Commission may prescribe by regulation.

(4) In addition to the penalties under paragraph (1), whoever,

within the United States, intentionally violates paragraph (1) or

(2) shall be subject to a fine of not more than $50,000 for each

violation. For purposes of this paragraph, each day of violation

shall constitute a separate violation.

(5)(A) In addition to the penalties under paragraphs (1), (2),

and (5), whoever, within the United States, violates paragraph (1)

or (2) shall be subject to a civil fine of not more than $50,000

for each violation. For purposes of this paragraph, each day of

violation shall constitute a separate violation.

(B) A fine under this paragraph may be assessed either -

(i) by a court, pursuant to civil action by the Commission or

any attorney employed by the Commission who is designated by the

Commission for such purposes, or

(ii) by the Commission after appropriate administrative

proceedings.

(6) The Attorney General may bring a suit in the appropriate

district court of the United States to enjoin any act or practice

which violates paragraph (1) or (2). An injunction may be granted

in accordance with the Federal Rules of Civil Procedure.

(c) Restriction on access to subscribers by common carriers;

judicial remedies respecting restrictions

(1) A common carrier within the District of Columbia or within

any State, or in interstate or foreign commerce, shall not, to the

extent technically feasible, provide access to a communication

specified in subsection (b) of this section from the telephone of

any subscriber who has not previously requested in writing the

carrier to provide access to such communication if the carrier

collects from subscribers an identifiable charge for such

communication that the carrier remits, in whole or in part, to the

provider of such communication.

(2) Except as provided in paragraph (3), no cause of action may

be brought in any court or administrative agency against any common

carrier, or any of its affiliates, including their officers,

directors, employees, agents, or authorized representatives on

account of -

(A) any action which the carrier demonstrates was taken in good

faith to restrict access pursuant to paragraph (1) of this

subsection; or

(B) any access permitted -

(i) in good faith reliance upon the lack of any

representation by a provider of communications that

communications provided by that provider are communications

specified in subsection (b) of this section, or

(ii) because a specific representation by the provider did

not allow the carrier, acting in good faith, a sufficient

period to restrict access to restrict access to communications

described in subsection (b) of this section.

(3) Notwithstanding paragraph (2) of this subsection, a provider

of communications services to which subscribers are denied access

pursuant to paragraph (1) of this subsection may bring an action

for a declaratory judgment or similar action in a court. Any such

action shall be limited to the question of whether the

communications which the provider seeks to provide fall within the

category of communications to which the carrier will provide access

only to subscribers who have previously requested such access.

(d) Sending or displaying offensive material to persons under 18

Whoever -

(1) in interstate or foreign communications knowingly -

(A) uses an interactive computer service to send to a

specific person or persons under 18 years of age, or

(B) uses any interactive computer service to display in a

manner available to a person under 18 years of age,

any comment, request, suggestion, proposal, image, or other

communication that, in context, depicts or describes, in terms

patently offensive as measured by contemporary community

standards, sexual or excretory activities or organs, regardless

of whether the user of such service placed the call or initiated

the communication; or

(2) knowingly permits any telecommunications facility under

such person's control to be used for an activity prohibited by

paragraph (1) with the intent that it be used for such activity,

shall be fined under title 18 or imprisoned not more than two

years, or both.

(e) Defenses

In addition to any other defenses available by law:

(1) No person shall be held to have violated subsection (a) or

(d) of this section solely for providing access or connection to

or from a facility, system, or network not under that person's

control, including transmission, downloading, intermediate

storage, access software, or other related capabilities that are

incidental to providing such access or connection that does not

include the creation of the content of the communication.

(2) The defenses provided by paragraph (1) of this subsection

shall not be applicable to a person who is a conspirator with an

entity actively involved in the creation or knowing distribution

of communications that violate this section, or who knowingly

advertises the availability of such communications.

(3) The defenses provided in paragraph (1) of this subsection

shall not be applicable to a person who provides access or

connection to a facility, system, or network engaged in the

violation of this section that is owned or controlled by such

person.

(4) No employer shall be held liable under this section for the

actions of an employee or agent unless the employee's or agent's

conduct is within the scope of his or her employment or agency

and the employer (A) having knowledge of such conduct, authorizes

or ratifies such conduct, or (B) recklessly disregards such

conduct.

(5) It is a defense to a prosecution under subsection (a)(1)(B)

or (d) of this section, or under subsection (a)(2) of this

section with respect to the use of a facility for an activity

under subsection (a)(1)(B) of this section that a person -

(A) has taken, in good faith, reasonable, effective, and

appropriate actions under the circumstances to restrict or

prevent access by minors to a communication specified in such

subsections, which may involve any appropriate measures to

restrict minors from such communications, including any method

which is feasible under available technology; or

(B) has restricted access to such communication by requiring

use of a verified credit card, debit account, adult access

code, or adult personal identification number.

(6) The Commission may describe measures which are reasonable,

effective, and appropriate to restrict access to prohibited

communications under subsection (d) of this section. Nothing in

this section authorizes the Commission to enforce, or is intended

to provide the Commission with the authority to approve,

sanction, or permit, the use of such measures. The Commission

shall have no enforcement authority over the failure to utilize

such measures. The Commission shall not endorse specific products

relating to such measures. The use of such measures shall be

admitted as evidence of good faith efforts for purposes of

paragraph (5) in any action arising under subsection (d) of this

section. Nothing in this section shall be construed to treat

interactive computer services as common carriers or

telecommunications carriers.

(f) Violations of law required; commercial entities, nonprofit

libraries, or institutions of higher education

(1) No cause of action may be brought in any court or

administrative agency against any person on account of any activity

that is not in violation of any law punishable by criminal or civil

penalty, and that the person has taken in good faith to implement a

defense authorized under this section or otherwise to restrict or

prevent the transmission of, or access to, a communication

specified in this section.

(2) No State or local government may impose any liability for

commercial activities or actions by commercial entities, nonprofit

libraries, or institutions of higher education in connection with

an activity or action described in subsection (a)(2) or (d) of this

section that is inconsistent with the treatment of those activities

or actions under this section: Provided, however, That nothing

herein shall preclude any State or local government from enacting

and enforcing complementary oversight, liability, and regulatory

systems, procedures, and requirements, so long as such systems,

procedures, and requirements govern only intrastate services and do

not result in the imposition of inconsistent rights, duties or

obligations on the provision of interstate services. Nothing in

this subsection shall preclude any State or local government from

governing conduct not covered by this section.

(g) Application and enforcement of other Federal law

Nothing in subsection (a), (d), (e), or (f) of this section or in

the defenses to prosecution under subsection (a) or (d) of this

section shall be construed to affect or limit the application or

enforcement of any other Federal law.

(h) Definitions

For purposes of this section -

(1) The use of the term "telecommunications device" in this

section -

(A) shall not impose new obligations on broadcasting station

licensees and cable operators covered by obscenity and

indecency provisions elsewhere in this chapter; and

(B) does not include an interactive computer service.

(2) The term "interactive computer service" has the meaning

provided in section 230(f)(2) of this title.

(3) The term "access software" means software (including client

or server software) or enabling tools that do not create or

provide the content of the communication but that allow a user to

do any one or more of the following:

(A) filter, screen, allow, or disallow content;

(B) pick, choose, analyze, or digest content; or

(C) transmit, receive, display, forward, cache, search,

subset, organize, reorganize, or translate content.

(4) The term "institution of higher education" has the meaning

provided in section 1001 of title 20.

(5) The term "library" means a library eligible for

participation in State-based plans for funds under title III of

the Library Services and Construction Act (20 U.S.C. 355e et

seq.).

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 223, as added Pub. L.

90-299, Sec. 1, May 3, 1968, 82 Stat. 112; amended Pub. L. 98-214,

Sec. 8(a), (b), Dec. 8, 1983, 97 Stat. 1469, 1470; Pub. L. 100-297,

title VI, Sec. 6101, Apr. 28, 1988, 102 Stat. 424; Pub. L. 100-690,

title VII, Sec. 7524, Nov. 18, 1988, 102 Stat. 4502; Pub. L.

101-166, title V, Sec. 521(1), Nov. 21, 1989, 103 Stat. 1192; Pub.

L. 103-414, title III, Sec. 303(a)(9), Oct. 25, 1994, 108 Stat.

4294; Pub. L. 104-104, title V, Sec. 502, Feb. 8, 1996, 110 Stat.

133; Pub. L. 105-244, title I, Sec. 102(a)(14), Oct. 7, 1998, 112

Stat. 1621; Pub. L. 105-277, div. C, title XIV, Sec. 1404(b), Oct.

21, 1998, 112 Stat. 2681-739.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(b)(6), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

The Library Services and Construction Act, referred to in subsec.

(h)(5), is act June 19, 1956, ch. 407, 70 Stat. 293, as amended.

Title III of the Act was classified generally to subchapter III

(Sec. 355e et seq.) of chapter 16 of Title 20, Education, and was

repealed by Pub. L. 104-208, div. A, title I, Sec. 101(e) [title

VII, Sec. 708(a)], Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.

-MISC1-

AMENDMENTS

1998 - Subsec. (h)(2). Pub. L. 105-277 substituted "230(f)(2)"

for "230(e)(2)".

Subsec. (h)(4). Pub. L. 105-244, which directed amendment of

section 223(h)(4) of the Telecommunications Act of 1934 (47 U.S.C.

223(h)(4)) by substituting "section 1001" for "section 1141", was

executed to this section, which is section 223 of the

Communications Act of 1934, to reflect the probable intent of

Congress.

1996 - Subsec. (a). Pub. L. 104-104, Sec. 502(1), added subsec.

(a) and struck out former subsec. (a) which read as follows:

"Whoever -

"(1) in the District of Columbia or in interstate or foreign

communication by means of telephone -

"(A) makes any comment, request, suggestion or proposal which

is obscene, lewd, lascivious, filthy, or indecent;

"(B) makes a telephone call, whether or not conversation

ensues, without disclosing his identity and with intent to

annoy, abuse, threaten, or harass any person at the called

number;

"(C) makes or causes the telephone of another repeatedly or

continuously to ring, with intent to harass any person at the

called number; or

"(D) makes repeated telephone calls, during which

conversation ensues, solely to harass any person at the called

number; or

"(2) knowingly permits any telephone facility under his control

to be used for any purpose prohibited by this section,

shall be fined not more than $50,000 or imprisoned not more than

six months, or both."

Subsecs. (d) to (h). Pub. L. 104-104, Sec. 502(2), added subsecs.

(d) to (h).

1994 - Subsec. (b)(3). Pub. L. 103-414 substituted "defendant

restricted access" for "defendant restrict access".

1989 - Subsecs. (b), (c). Pub. L. 101-166 added subsecs. (b) and

(c) and struck out former subsec. (b) which read as follows:

"(1) Whoever knowingly -

"(A) in the District of Columbia or in interstate or foreign

communication, by means of telephone, makes (directly or by

recording device) any obscene communication for commercial

purposes to any person, regardless of whether the maker of such

communication placed the call; or

"(B) permits any telephone facility under such person's control

to be used for an activity prohibited by clause (i);

shall be fined in accordance with title 18 or imprisoned not more

than two years, or both.

"(2) Whoever knowingly -

"(A) in the District of Columbia or in interstate or foreign

communication, by means of telephone, makes (directly or by

recording device) any indecent communication for commercial

purposes to any person, regardless of whether the maker of such

communication placed the call; or

"(B) permits any telephone facility under such person's control

to be used for an activity prohibited by clause (i),

shall be fined not more than $50,000 or imprisoned not more than

six months, or both."

1988 - Subsec. (b). Pub. L. 100-690 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

"(1) Whoever knowingly -

"(A) in the District of Columbia or in interstate or foreign

communication, by means of telephone, makes (directly or by

recording device) any obscene or indecent communication for

commercial purposes to any person, regardless of whether the

maker of such communication placed the call; or

"(B) permits any telephone facility under such person's control

to be used for an activity prohibited by subparagraph (A),

shall be fined not more than $50,000 or imprisoned not more than

six months, or both.

"(2) In addition to the penalties under paragraph (1), whoever,

in the District of Columbia or in interstate or foreign

communication, intentionally violates paragraph (1)(A) or (1)(B)

shall be subject to a fine of not more than $50,000 for each

violation. For purposes of this paragraph, each day of violation

shall constitute a separate violation.

"(3)(A) In addition to the penalties under paragraphs (1) and

(2), whoever, in the District of Columbia or in interstate or

foreign communication, violates paragraph (1)(A) or (1)(B) shall be

subject to a civil fine of not more than $50,000 for each

violation. For purposes of this paragraph, each day of violation

shall constitute a separate violation.

"(B) A fine under this paragraph may be assessed either -

"(i) by a court, pursuant to a civil action by the Commission

or any attorney employed by the Commission who is designated by

the Commission for such purposes, or

"(ii) by the Commission after appropriate administrative

proceedings.

"(4) The Attorney General may bring a suit in the appropriate

district court of the United States to enjoin any act or practice

which violates paragraph (1)(A) or (1)(B). An injunction may be

granted in accordance with the Federal Rules of Civil Procedure."

Pub. L. 100-297, in par. (1)(A), struck out "under eighteen years

of age or to any other person without that person's consent" after

"to any person", redesignated par. (3) as (2) and struck out former

par. (2) which read as follows: "It is a defense to a prosecution

under this subsection that the defendant restricted access to the

prohibited communication to persons eighteen years of age or older

in accordance with procedures which the Commission shall prescribe

by regulation.", redesignated par. (4) as (3) and substituted

"under paragraphs (1) and (2)" for "under paragraphs (1) and (3)",

and redesignated par. (5) as (4).

1983 - Subsec. (a). Pub. L. 98-214, Sec. 8(a)(1), (2), designated

existing provisions as subsec. (a) and substituted "$50,000" for

"$500" in provisions after par. (2).

Subsec. (a)(2). Pub. L. 98-214, Sec. 8(b), inserted "facility"

after "telephone".

Subsec. (b). Pub. L. 98-214, Sec. 8(a)(3), added subsec. (b).

EFFECTIVE DATE OF 1998 AMENDMENTS

Pub. L. 105-277, div. C, title XIV, Sec. 1406, Oct. 21, 1998, 112

Stat. 2681-741, provided that: "This title [enacting section 231 of

this title, amending this section and section 230 of this title,

and enacting provisions set out as notes under sections 231 and 609

of this title] and the amendments made by this title shall take

effect 30 days after the date of enactment of this Act [Oct. 21,

1998]."

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-166 effective 120 days after Nov. 21,

1989, see section 521(3) of Pub. L. 101-166, set out as a note

under section 152 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-297 effective July 1, 1988, see section

6303 of Pub. L. 100-297, set out as a note under section 1071 of

Title 20, Education.

EXPEDITED REVIEW

Section 561 of title V of Pub. L. 104-104 provided that:

"(a) Three-Judge District Court Hearing. - Notwithstanding any

other provision of law, any civil action challenging the

constitutionality, on its face, of this title [see Short Title of

1996 Amendment note set out under section 609 of this title] or any

amendment made by this title, or any provision thereof, shall be

heard by a district court of 3 judges convened pursuant to the

provisions of section 2284 of title 28, United States Code.

"(b) Appellate Review. - Notwithstanding any other provision of

law, an interlocutory or final judgment, decree, or order of the

court of 3 judges in an action under subsection (a) holding this

title or an amendment made by this title, or any provision thereof,

unconstitutional shall be reviewable as a matter of right by direct

appeal to the Supreme Court. Any such appeal shall be filed not

more than 20 days after entry of such judgment, decree, or order."

REGULATIONS; DISPOSITION OF COMPLAINTS PENDING ON DECEMBER 8, 1983

Section 8(c), (d) of Pub. L. 98-214 provided that:

"(c) The Federal Communications Commission shall issue

regulations pursuant to section 223(b)(2) of the Communications Act

of 1934 (as added by subsection (a) of this section) [subsec.

(b)(2) of this section] not later than one hundred and eighty days

after the date of the enactment of this Act [Dec. 8, 1983].

"(d) The Commission shall act on all complaints alleging

violation of section 223 of the Communications Act of 1934 [this

section] which are pending on the date of the enactment of this Act

[Dec. 8, 1983] within ninety days of such date of enactment."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 153, 228, 230 of

this title.

-End-

-CITE-

47 USC Sec. 224 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 224. Pole attachments

-STATUTE-

(a) Definitions

As used in this section:

(1) The term "utility" means any person who is a local exchange

carrier or an electric, gas, water, steam, or other public utility,

and who owns or controls poles, ducts, conduits, or rights-of-way

used, in whole or in part, for any wire communications. Such term

does not include any railroad, any person who is cooperatively

organized, or any person owned by the Federal Government or any

State.

(2) The term "Federal Government" means the Government of the

United States or any agency or instrumentality thereof.

(3) The term "State" means any State, territory, or possession of

the United States, the District of Columbia, or any political

subdivision, agency, or instrumentality thereof.

(4) The term "pole attachment" means any attachment by a cable

television system or provider of telecommunications service to a

pole, duct, conduit, or right-of-way owned or controlled by a

utility.

(5) For purposes of this section, the term "telecommunications

carrier" (as defined in section 153 of this title) does not include

any incumbent local exchange carrier as defined in section 251(h)

of this title.

(b) Authority of Commission to regulate rates, terms, and

conditions; enforcement powers; promulgation of regulations

(1) Subject to the provisions of subsection (c) of this section,

the Commission shall regulate the rates, terms, and conditions for

pole attachments to provide that such rates, terms, and conditions

are just and reasonable, and shall adopt procedures necessary and

appropriate to hear and resolve complaints concerning such rates,

terms, and conditions. For purposes of enforcing any determinations

resulting from complaint procedures established pursuant to this

subsection, the Commission shall take such action as it deems

appropriate and necessary, including issuing cease and desist

orders, as authorized by section 312(b) of this title.

(2) The Commission shall prescribe by rule regulations to carry

out the provisions of this section.

(c) State regulatory authority over rates, terms, and conditions;

preemption; certification; circumstances constituting State

regulation

(1) Nothing in this section shall be construed to apply to, or to

give the Commission jurisdiction with respect to rates, terms, and

conditions, or access to poles, ducts, conduits, and rights-of-way

as provided in subsection (f) of this section, for pole attachments

in any case where such matters are regulated by a State.

(2) Each State which regulates the rates, terms, and conditions

for pole attachments shall certify to the Commission that -

(A) it regulates such rates, terms, and conditions; and

(B) in so regulating such rates, terms, and conditions, the

State has the authority to consider and does consider the

interests of the subscribers of the services offered via such

attachments, as well as the interests of the consumers of the

utility services.

(3) For purposes of this subsection, a State shall not be

considered to regulate the rates, terms, and conditions for pole

attachments -

(A) unless the State has issued and made effective rules and

regulations implementing the State's regulatory authority over

pole attachments; and

(B) with respect to any individual matter, unless the State

takes final action on a complaint regarding such matter -

(i) within 180 days after the complaint is filed with the

State, or

(ii) within the applicable period prescribed for such final

action in such rules and regulations of the State, if the

prescribed period does not extend beyond 360 days after the

filing of such complaint.

(d) Determination of just and reasonable rates; "usable space"

defined

(1) For purposes of subsection (b) of this section, a rate is

just and reasonable if it assures a utility the recovery of not

less than the additional costs of providing pole attachments, nor

more than an amount determined by multiplying the percentage of the

total usable space, or the percentage of the total duct or conduit

capacity, which is occupied by the pole attachment by the sum of

the operating expenses and actual capital costs of the utility

attributable to the entire pole, duct, conduit, or right-of-way.

(2) As used in this subsection, the term "usable space" means the

space above the minimum grade level which can be used for the

attachment of wires, cables, and associated equipment.

(3) This subsection shall apply to the rate for any pole

attachment used by a cable television system solely to provide

cable service. Until the effective date of the regulations required

under subsection (e) of this section, this subsection shall also

apply to the rate for any pole attachment used by a cable system or

any telecommunications carrier (to the extent such carrier is not a

party to a pole attachment agreement) to provide any

telecommunications service.

(e) Regulations governing charges; apportionment of costs of

providing space

(1) The Commission shall, no later than 2 years after February 8,

1996, prescribe regulations in accordance with this subsection to

govern the charges for pole attachments used by telecommunications

carriers to provide telecommunications services, when the parties

fail to resolve a dispute over such charges. Such regulations shall

ensure that a utility charges just, reasonable, and

nondiscriminatory rates for pole attachments.

(2) A utility shall apportion the cost of providing space on a

pole, duct, conduit, or right-of-way other than the usable space

among entities so that such apportionment equals two-thirds of the

costs of providing space other than the usable space that would be

allocated to such entity under an equal apportionment of such costs

among all attaching entities.

(3) A utility shall apportion the cost of providing usable space

among all entities according to the percentage of usable space

required for each entity.

(4) The regulations required under paragraph (1) shall become

effective 5 years after February 8, 1996. Any increase in the rates

for pole attachments that result from the adoption of the

regulations required by this subsection shall be phased in equal

annual increments over a period of 5 years beginning on the

effective date of such regulations.

(f) Nondiscriminatory access

(1) A utility shall provide a cable television system or any

telecommunications carrier with nondiscriminatory access to any

pole, duct, conduit, or right-of-way owned or controlled by it.

(2) Notwithstanding paragraph (1), a utility providing electric

service may deny a cable television system or any

telecommunications carrier access to its poles, ducts, conduits, or

rights-of-way, on a non-discriminatory (!1) basis where there is

insufficient capacity and for reasons of safety, reliability and

generally applicable engineering purposes.

(g) Imputation to costs of pole attachment rate

A utility that engages in the provision of telecommunications

services or cable services shall impute to its costs of providing

such services (and charge any affiliate, subsidiary, or associate

company engaged in the provision of such services) an equal amount

to the pole attachment rate for which such company would be liable

under this section.

(h) Modification or alteration of pole, duct, conduit, or

right-of-way

Whenever the owner of a pole, duct, conduit, or right-of-way

intends to modify or alter such pole, duct, conduit, or

right-of-way, the owner shall provide written notification of such

action to any entity that has obtained an attachment to such

conduit or right-of-way so that such entity may have a reasonable

opportunity to add to or modify its existing attachment. Any entity

that adds to or modifies its existing attachment after receiving

such notification shall bear a proportionate share of the costs

incurred by the owner in making such pole, duct, conduit, or

right-of-way accessible.

(i) Costs of rearranging or replacing attachment

An entity that obtains an attachment to a pole, conduit, or

right-of-way shall not be required to bear any of the costs of

rearranging or replacing its attachment, if such rearrangement or

replacement is required as a result of an additional attachment or

the modification of an existing attachment sought by any other

entity (including the owner of such pole, duct, conduit, or

right-of-way).

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 224, as added Pub. L.

95-234, Sec. 6, Feb. 21, 1978, 92 Stat. 35; amended Pub. L. 97-259,

title I, Sec. 106, Sept. 13, 1982, 96 Stat. 1091; Pub. L. 98-549,

Sec. 4, Oct. 30, 1984, 98 Stat. 2801; Pub. L. 103-414, title III,

Sec. 304(a)(7), Oct. 25, 1994, 108 Stat. 4297; Pub. L. 104-104,

title VII, Sec. 703, Feb. 8, 1996, 110 Stat. 149.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-104, Sec. 703(1), inserted

first sentence and struck out former first sentence which read as

follows: "The term 'utility' means any person whose rates or

charges are regulated by the Federal Government or a State and who

owns or controls poles, ducts, conduits, or rights-of-way used, in

whole or in part, for wire communication."

Subsec. (a)(4). Pub. L. 104-104, Sec. 703(2), inserted "or

provider of telecommunications service" after "system".

Subsec. (a)(5). Pub. L. 104-104, Sec. 703(3), added par. (5).

Subsec. (c)(1). Pub. L. 104-104, Sec. 703(4), inserted ", or

access to poles, ducts, conduits, and rights-of-way as provided in

subsection (f) of this section," after "conditions".

Subsec. (c)(2)(B). Pub. L. 104-104, Sec. 703(5), substituted "the

services offered via such attachments" for "cable television

services".

Subsec. (d)(3). Pub. L. 104-104, Sec. 703(6), added par. (3).

Subsecs. (e) to (i). Pub. L. 104-104, Sec. 703(7), added subsecs.

(e) to (i).

1994 - Subsec. (b)(2). Pub. L. 103-414 substituted "The

Commission" for "Within 180 days from February 21, 1978, the

Commission".

1984 - Subsec. (c)(3). Pub. L. 98-549 added par. (3).

1982 - Subsec. (e). Pub. L. 97-259 struck out subsec. (e) which

provided that, upon expiration of 5-year period that began on Feb.

21, 1978, provisions of subsec. (d) of this section would cease to

have any effect.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-549 effective 60 days after Oct. 30,

1984, except where otherwise expressly provided, see section 9(a)

of Pub. L. 98-549, set out as a note under section 521 of this

title.

EFFECTIVE DATE

Section effective on thirtieth day after Feb. 21, 1978, see

section 7 of Pub. L. 95-234, set out as an Effective Date of 1978

Amendment note under section 152 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 251, 271 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "nondiscriminatory".

-End-

-CITE-

47 USC Sec. 225 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 225. Telecommunications services for hearing-impaired and

speech-impaired individuals

-STATUTE-

(a) Definitions

As used in this section -

(1) Common carrier or carrier

The term "common carrier" or "carrier" includes any common

carrier engaged in interstate communication by wire or radio as

defined in section 153 of this title and any common carrier

engaged in intrastate communication by wire or radio,

notwithstanding sections 152(b) and 221(b) of this title.

(2) TDD

The term "TDD" means a Telecommunications Device for the Deaf,

which is a machine that employs graphic communication in the

transmission of coded signals through a wire or radio

communication system.

(3) Telecommunications relay services

The term "telecommunications relay services" means telephone

transmission services that provide the ability for an individual

who has a hearing impairment or speech impairment to engage in

communication by wire or radio with a hearing individual in a

manner that is functionally equivalent to the ability of an

individual who does not have a hearing impairment or speech

impairment to communicate using voice communication services by

wire or radio. Such term includes services that enable two-way

communication between an individual who uses a TDD or other

nonvoice terminal device and an individual who does not use such

a device.

(b) Availability of telecommunications relay services

(1) In general

In order to carry out the purposes established under section

151 of this title, to make available to all individuals in the

United States a rapid, efficient nationwide communication

service, and to increase the utility of the telephone system of

the Nation, the Commission shall ensure that interstate and

intrastate telecommunications relay services are available, to

the extent possible and in the most efficient manner, to

hearing-impaired and speech-impaired individuals in the United

States.

(2) Use of general authority and remedies

For the purposes of administering and enforcing the provisions

of this section and the regulations prescribed thereunder, the

Commission shall have the same authority, power, and functions

with respect to common carriers engaged in intrastate

communication as the Commission has in administering and

enforcing the provisions of this subchapter with respect to any

common carrier engaged in interstate communication. Any violation

of this section by any common carrier engaged in intrastate

communication shall be subject to the same remedies, penalties,

and procedures as are applicable to a violation of this chapter

by a common carrier engaged in interstate communication.

(c) Provision of services

Each common carrier providing telephone voice transmission

services shall, not later than 3 years after July 26, 1990, provide

in compliance with the regulations prescribed under this section,

throughout the area in which it offers service, telecommunications

relay services, individually, through designees, through a

competitively selected vendor, or in concert with other carriers. A

common carrier shall be considered to be in compliance with such

regulations -

(1) with respect to intrastate telecommunications relay

services in any State that does not have a certified program

under subsection (f) of this section and with respect to

interstate telecommunications relay services, if such common

carrier (or other entity through which the carrier is providing

such relay services) is in compliance with the Commission's

regulations under subsection (d) of this section; or

(2) with respect to intrastate telecommunications relay

services in any State that has a certified program under

subsection (f) of this section for such State, if such common

carrier (or other entity through which the carrier is providing

such relay services) is in compliance with the program certified

under subsection (f) of this section for such State.

(d) Regulations

(1) In general

The Commission shall, not later than 1 year after July 26,

1990, prescribe regulations to implement this section, including

regulations that -

(A) establish functional requirements, guidelines, and

operations procedures for telecommunications relay services;

(B) establish minimum standards that shall be met in carrying

out subsection (c) of this section;

(C) require that telecommunications relay services operate

every day for 24 hours per day;

(D) require that users of telecommunications relay services

pay rates no greater than the rates paid for functionally

equivalent voice communication services with respect to such

factors as the duration of the call, the time of day, and the

distance from point of origination to point of termination;

(E) prohibit relay operators from failing to fulfill the

obligations of common carriers by refusing calls or limiting

the length of calls that use telecommunications relay services;

(F) prohibit relay operators from disclosing the content of

any relayed conversation and from keeping records of the

content of any such conversation beyond the duration of the

call; and

(G) prohibit relay operators from intentionally altering a

relayed conversation.

(2) Technology

The Commission shall ensure that regulations prescribed to

implement this section encourage, consistent with section 157(a)

of this title, the use of existing technology and do not

discourage or impair the development of improved technology.

(3) Jurisdictional separation of costs

(A) In general

Consistent with the provisions of section 410 of this title,

the Commission shall prescribe regulations governing the

jurisdictional separation of costs for the services provided

pursuant to this section.

(B) Recovering costs

Such regulations shall generally provide that costs caused by

interstate telecommunications relay services shall be recovered

from all subscribers for every interstate service and costs

caused by intrastate telecommunications relay services shall be

recovered from the intrastate jurisdiction. In a State that has

a certified program under subsection (f) of this section, a

State commission shall permit a common carrier to recover the

costs incurred in providing intrastate telecommunications relay

services by a method consistent with the requirements of this

section.

(e) Enforcement

(1) In general

Subject to subsections (f) and (g) of this section, the

Commission shall enforce this section.

(2) Complaint

The Commission shall resolve, by final order, a complaint

alleging a violation of this section within 180 days after the

date such complaint is filed.

(f) Certification

(1) State documentation

Any State desiring to establish a State program under this

section shall submit documentation to the Commission that

describes the program of such State for implementing intrastate

telecommunications relay services and the procedures and remedies

available for enforcing any requirements imposed by the State

program.

(2) Requirements for certification

After review of such documentation, the Commission shall

certify the State program if the Commission determines that -

(A) the program makes available to hearing-impaired and

speech-impaired individuals, either directly, through

designees, through a competitively selected vendor, or through

regulation of intrastate common carriers, intrastate

telecommunications relay services in such State in a manner

that meets or exceeds the requirements of regulations

prescribed by the Commission under subsection (d) of this

section; and

(B) the program makes available adequate procedures and

remedies for enforcing the requirements of the State program.

(3) Method of funding

Except as provided in subsection (d) of this section, the

Commission shall not refuse to certify a State program based

solely on the method such State will implement for funding

intrastate telecommunication relay services.

(4) Suspension or revocation of certification

The Commission may suspend or revoke such certification if,

after notice and opportunity for hearing, the Commission

determines that such certification is no longer warranted. In a

State whose program has been suspended or revoked, the Commission

shall take such steps as may be necessary, consistent with this

section, to ensure continuity of telecommunications relay

services.

(g) Complaint

(1) Referral of complaint

If a complaint to the Commission alleges a violation of this

section with respect to intrastate telecommunications relay

services within a State and certification of the program of such

State under subsection (f) of this section is in effect, the

Commission shall refer such complaint to such State.

(2) Jurisdiction of Commission

After referring a complaint to a State under paragraph (1), the

Commission shall exercise jurisdiction over such complaint only

if -

(A) final action under such State program has not been taken

on such complaint by such State -

(i) within 180 days after the complaint is filed with such

State; or

(ii) within a shorter period as prescribed by the

regulations of such State; or

(B) the Commission determines that such State program is no

longer qualified for certification under subsection (f) of this

section.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 225, as added Pub. L.

101-336, title IV, Sec. 401(a), July 26, 1990, 104 Stat. 366;

amended Pub. L. 104-104, Sec. 3(d)(1), Feb. 8, 1996, 110 Stat. 61.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-104 substituted "section 153"

for "section 153(h)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 221 of this title;

title 42 sections 12201, 12206.

-End-

-CITE-

47 USC Sec. 226 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 226. Telephone operator services

-STATUTE-

(a) Definitions

As used in this section -

(1) The term "access code" means a sequence of numbers that,

when dialed, connect the caller to the provider of operator

services associated with that sequence.

(2) The term "aggregator" means any person that, in the

ordinary course of its operations, makes telephones available to

the public or to transient users of its premises, for interstate

telephone calls using a provider of operator services.

(3) The term "call splashing" means the transfer of a telephone

call from one provider of operator services to another such

provider in such a manner that the subsequent provider is unable

or unwilling to determine the location of the origination of the

call and, because of such inability or unwillingness, is

prevented from billing the call on the basis of such location.

(4) The term "consumer" means a person initiating any

interstate telephone call using operator services.

(5) The term "equal access" has the meaning given that term in

Appendix B of the Modification of Final Judgment entered August

24, 1982, in United States v. Western Electric, Civil Action No.

82-0192 (United States District Court, District of Columbia), as

amended by the Court in its orders issued prior to October 17,

1990.

(6) The term "equal access code" means an access code that

allows the public to obtain an equal access connection to the

carrier associated with that code.

(7) The term "operator services" means any interstate

telecommunications service initiated from an aggregator location

that includes, as a component, any automatic or live assistance

to a consumer to arrange for billing or completion, or both, of

an interstate telephone call through a method other than -

(A) automatic completion with billing to the telephone from

which the call originated; or

(B) completion through an access code used by the consumer,

with billing to an account previously established with the

carrier by the consumer.

(8) The term "presubscribed provider of operator services"

means the interstate provider of operator services to which the

consumer is connected when the consumer places a call using a

provider of operator services without dialing an access code.

(9) The term "provider of operator services" means any common

carrier that provides operator services or any other person

determined by the Commission to be providing operator services.

(b) Requirements for providers of operator services

(1) In general

Beginning not later than 90 days after October 17, 1990, each

provider of operator services shall, at a minimum -

(A) identify itself, audibly and distinctly, to the consumer

at the beginning of each telephone call and before the consumer

incurs any charge for the call;

(B) permit the consumer to terminate the telephone call at no

charge before the call is connected;

(C) disclose immediately to the consumer, upon request and at

no charge to the consumer -

(i) a quote of its rates or charges for the call;

(ii) the methods by which such rates or charges will be

collected; and

(iii) the methods by which complaints concerning such

rates, charges, or collection practices will be resolved;

(D) ensure, by contract or tariff, that each aggregator for

which such provider is the presubscribed provider of operator

services is in compliance with the requirements of subsection

(c) of this section and, if applicable, subsection (e)(1) of

this section;

(E) withhold payment (on a location-by-location basis) of any

compensation, including commissions, to aggregators if such

provider reasonably believes that the aggregator (i) is

blocking access by means of "950" or "800" numbers to

interstate common carriers in violation of subsection (c)(1)(B)

of this section or (ii) is blocking access to equal access

codes in violation of rules the Commission may prescribe under

subsection (e)(1) of this section;

(F) not bill for unanswered telephone calls in areas where

equal access is available;

(G) not knowingly bill for unanswered telephone calls where

equal access is not available;

(H) not engage in call splashing, unless the consumer

requests to be transferred to another provider of operator

services, the consumer is informed prior to incurring any

charges that the rates for the call may not reflect the rates

from the actual originating location of the call, and the

consumer then consents to be transferred; and

(I) except as provided in subparagraph (H), not bill for a

call that does not reflect the location of the origination of

the call.

(2) Additional requirements for first 3 years

In addition to meeting the requirements of paragraph (1),

during the 3-year period beginning on the date that is 90 days

after October 17, 1990, each presubscribed provider of operator

services shall identify itself audibly and distinctly to the

consumer, not only as required in paragraph (1)(A), but also for

a second time before connecting the call and before the consumer

incurs any charge.

(c) Requirements for aggregators

(1) In general

Each aggregator, beginning not later than 90 days after October

17, 1990, shall -

(A) post on or near the telephone instrument, in plain view

of consumers -

(i) the name, address, and toll-free telephone number of

the provider of operator services;

(ii) a written disclosure that the rates for all

operator-assisted calls are available on request, and that

consumers have a right to obtain access to the interstate

common carrier of their choice and may contact their

preferred interstate common carriers for information on

accessing that carrier's service using that telephone; and

(iii) the name and address of the enforcement division of

the Common Carrier Bureau of the Commission, to which the

consumer may direct complaints regarding operator services;

(B) ensure that each of its telephones presubscribed to a

provider of operator services allows the consumer to use "800"

and "950" access code numbers to obtain access to the provider

of operator services desired by the consumer; and

(C) ensure that no charge by the aggregator to the consumer

for using an "800" or "950" access code number, or any other

access code number, is greater than the amount the aggregator

charges for calls placed using the presubscribed provider of

operator services.

(2) Effect of State law or regulation

The requirements of paragraph (1)(A) shall not apply to an

aggregator in any case in which State law or State regulation

requires the aggregator to take actions that are substantially

the same as those required in paragraph (1)(A).

(d) General rulemaking required

(1) Rulemaking proceeding

The Commission shall conduct a rulemaking proceeding pursuant

to this subchapter to prescribe regulations to -

(A) protect consumers from unfair and deceptive practices

relating to their use of operator services to place interstate

telephone calls; and

(B) ensure that consumers have the opportunity to make

informed choices in making such calls.

(2) Contents of regulations

The regulations prescribed under this section shall -

(A) contain provisions to implement each of the requirements

of this section, other than the requirements established by the

rulemaking under subsection (e) of this section on access and

compensation; and

(B) contain such other provisions as the Commission

determines necessary to carry out this section and the purposes

and policies of this section.

(3) Additional requirements to be implemented by regulations

The regulations prescribed under this section shall, at a

minimum -

(A) establish minimum standards for providers of operator

services and aggregators to use in the routing and handling of

emergency telephone calls; and

(B) establish a policy for requiring providers of operator

services to make public information about recent changes in

operator services and choices available to consumers in that

market.

(e) Separate rulemaking on access and compensation

(1) Access

The Commission,(!1) shall require -

(A) that each aggregator ensure within a reasonable time that

each of its telephones presubscribed to a provider of operator

services allows the consumer to obtain access to the provider

of operator services desired by the consumer through the use of

an equal access code; or

(B) that all providers of operator services, within a

reasonable time, make available to their customers a "950" or

"800" access code number for use in making operator services

calls from anywhere in the United States; or

(C) that the requirements described under both subparagraphs

(A) and (B) apply.

(2) Compensation

The Commission shall consider the need to prescribe

compensation (other than advance payment by consumers) for owners

of competitive public pay telephones for calls routed to

providers of operator services that are other than the

presubscribed provider of operator services for such telephones.

Within 9 months after October 17, 1990, the Commission shall

reach a final decision on whether to prescribe such compensation.

(f) Technological capability of equipment

Any equipment and software manufactured or imported more than 18

months after October 17, 1990, and installed by any aggregator

shall be technologically capable of providing consumers with access

to interstate providers of operator services through the use of

equal access codes.

(g) Fraud

In any proceeding to carry out the provisions of this section,

the Commission shall require such actions or measures as are

necessary to ensure that aggregators are not exposed to undue risk

of fraud.

(h) Determinations of rate compliance

(1) Filing of informational tariff

(A) In general

Each provider of operator services shall file, within 90 days

after October 17, 1990, and shall maintain, update regularly,

and keep open for public inspection, an informational tariff

specifying rates, terms, and conditions, and including

commissions, surcharges, any fees which are collected from

consumers, and reasonable estimates of the amount of traffic

priced at each rate, with respect to calls for which operator

services are provided. Any changes in such rates, terms, or

conditions shall be filed no later than the first day on which

the changed rates, terms, or conditions are in effect.

(B) Waiver authority

The Commission may, after 4 years following October 17, 1990,

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) of this section 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 October 17, 1990, the Commission shall

initiate a proceeding to determine whether the regulatory

objectives specified in subsection (d)(1)(A) and (B) of this

section 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

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 Commission shall, within 180 days after

submission of the report required under paragraph (3)(B)(iii),

complete a rulemaking proceeding pursuant to this subchapter to

establish regulations for implementing the requirements of this

subchapter (and paragraphs (1) and (2) of this subsection) that

rates and charges for operator services be just and reasonable.

Such regulations shall include limitations on the amount of

commissions or any other compensation given to aggregators by

providers of operator service.

(B) Limitation

The requirement of subparagraph (A) shall not apply if, on

the basis of the proceeding under paragraph (3)(A), the

Commission makes (and includes in the report required by

paragraph (3)(B)(iii)) a factual determination that market

forces are securing rates and charges that are just and

reasonable, as evidenced by rate levels, costs, complaints,

service quality, and other relevant factors.

(i) Statutory construction

Nothing in this section shall be construed to alter the

obligations, powers, or duties of common carriers or the Commission

under the other sections of this chapter.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 226, as added Pub. L.

101-435, Sec. 3, Oct. 17, 1990, 104 Stat. 987; amended Pub. L.

101-555, Sec. 4, Nov. 15, 1990, 104 Stat. 2760; Pub. L. 102-538,

title II, Sec. 207, Oct. 27, 1992, 106 Stat. 3543; Pub. L. 103-414,

title III, Secs. 303(a)(10), 304(a)(8), Oct. 25, 1994, 108 Stat.

4294, 4297.)

-MISC1-

AMENDMENTS

1994 - Subsec. (d)(2) to (4). Pub. L. 103-414, Sec. 303(a)(10),

redesignated pars. (3) and (4) as (2) and (3), respectively, and

struck out heading and text of former par. (2). Text read as

follows: "The Commission shall initiate the proceeding required

under paragraph (1) within 60 days after October 17, 1990, and

shall prescribe regulations pursuant to the proceeding not later

than 210 days after October 17, 1990. Such regulations shall take

effect not later than 45 days after the date the regulations are

prescribed."

Subsec. (e)(1). Pub. L. 103-414, Sec. 304(a)(8), struck out

"within 9 months after October 17, 1990," after "The Commission,"

in introductory provisions.

1992 - Subsec. (d)(4)(A). Pub. L. 102-538 inserted "and

aggregators" after "operator services".

1990 - Subsec. (b)(1). Pub. L. 101-555, Sec. 4(a), substituted

"90 days" for "30 days".

Subsec. (b)(1)(J). Pub. L. 101-555, Sec. 4(b), struck out subpar.

(J) which read as follows: "not bill an interexchange telephone

call to a billing card number which -

"(i) is issued by another provider of operator services, and

"(ii) permits the identification of the other provider,

unless the call is billed at a rate not greater than the other

provider's rate for the call, the consumer requests a special

service that is not available under tariff from the other provider,

or the consumer expressly consents to a rate greater than the other

provider's rate."

Subsecs. (b)(2), (c)(1), (h)(1)(A). Pub. L. 101-555, Sec. 4(a),

substituted "90 days" for "30 days".

CONGRESSIONAL FINDINGS

Section 2 of Pub. L. 101-435 provided that: "The Congress finds

that -

"(1) the divestiture of AT&T and decisions allowing open entry

for competitors in the telephone marketplace produced a variety

of new services and many new providers of existing telephone

services;

"(2) the growth of competition in the telecommunications market

makes it essential to ensure that safeguards are in place to

assure fairness for consumers and service providers alike;

"(3) a variety of providers of operator services now compete to

win contracts to provide operator services to hotels, hospitals,

airports, and other aggregators of telephone business from

consumers;

"(4) the mere existence of a variety of service providers in

the operator services marketplace is significant in making that

market competitive only when consumers are able to make informed

choices from among those service providers;

"(5) however, often consumers have no choices in selecting a

provider of operator services, and often attempts by consumers to

reach their preferred long distance carrier by using a telephone

billing card, credit card, or prearranged access code number are

blocked;

"(6) a number of State regulatory authorities have taken action

to protect consumers using intrastate operator services;

"(7) from January 1988 through February 1990, the Federal

Communications Commission received over 4,000 complaints from

consumers about operator services;

"(8) those consumers have complained that they are denied

access to the interexchange carrier of their choice, that they

are deceived about the identity of the company providing operator

services for their calls and the rates being charged, that they

lack information on what they can do to complain about unfair

treatment by an operator service provider, and that they are,

accordingly, being deprived of the free choice essential to the

operation of a competitive market;

"(9) the Commission has testified that its actions have been

insufficient to correct the problems in the operator services

industry to date; and

"(10) a combination of industry self-regulation and government

regulation is required to ensure that competitive operator

services are provided in a fair and reasonable manner."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 153 of this title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

47 USC Sec. 227 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 227. Restrictions on use of telephone equipment

-STATUTE-

(a) Definitions

As used in this section -

(1) The term "automatic telephone dialing system" means

equipment which has the capacity -

(A) to store or produce telephone numbers to be called, using

a random or sequential number generator; and

(B) to dial such numbers.

(2) The term "telephone facsimile machine" means equipment

which has the capacity (A) to transcribe text or images, or both,

from paper into an electronic signal and to transmit that signal

over a regular telephone line, or (B) to transcribe text or

images (or both) from an electronic signal received over a

regular telephone line onto paper.

(3) The term "telephone solicitation" means the initiation of a

telephone call or message for the purpose of encouraging the

purchase or rental of, or investment in, property, goods, or

services, which is transmitted to any person, but such term does

not include a call or message (A) to any person with that

person's prior express invitation or permission, (B) to any

person with whom the caller has an established business

relationship, or (C) by a tax exempt nonprofit organization.

(4) The term "unsolicited advertisement" means any material

advertising the commercial availability or quality of any

property, goods, or services which is transmitted to any person

without that person's prior express invitation or permission.

(b) Restrictions on use of automated telephone equipment

(1) Prohibitions

It shall be unlawful for any person within the United States -

(A) to make any call (other than a call made for emergency

purposes or made with the prior express consent of the called

party) using any automatic telephone dialing system or an

artificial or prerecorded voice -

(i) to any emergency telephone line (including any "911"

line and any emergency line of a hospital, medical physician

or service office, health care facility, poison control

center, or fire protection or law enforcement agency);

(ii) to the telephone line of any guest room or patient

room of a hospital, health care facility, elderly home, or

similar establishment; or

(iii) to any telephone number assigned to a paging service,

cellular telephone service, specialized mobile radio service,

or other radio common carrier service, or any service for

which the called party is charged for the call;

(B) to initiate any telephone call to any residential

telephone line using an artificial or prerecorded voice to

deliver a message without the prior express consent of the

called party, unless the call is initiated for emergency

purposes or is exempted by rule or order by the Commission

under paragraph (2)(B);

(C) to use any telephone facsimile machine, computer, or

other device to send an unsolicited advertisement to a

telephone facsimile machine; or

(D) to use an automatic telephone dialing system in such a

way that two or more telephone lines of a multi-line business

are engaged simultaneously.

(2) Regulations; exemptions and other provisions

The Commission shall prescribe regulations to implement the

requirements of this subsection. In implementing the requirements

of this subsection, the Commission -

(A) shall consider prescribing regulations to allow

businesses to avoid receiving calls made using an artificial or

prerecorded voice to which they have not given their prior

express consent;

(B) may, by rule or order, exempt from the requirements of

paragraph (1)(B) of this subsection, subject to such conditions

as the Commission may prescribe -

(i) calls that are not made for a commercial purpose; and

(ii) such classes or categories of calls made for

commercial purposes as the Commission determines -

(I) will not adversely affect the privacy rights that

this section is intended to protect; and

(II) do not include the transmission of any unsolicited

advertisement; and

(C) may, by rule or order, exempt from the requirements of

paragraph (1)(A)(iii) of this subsection calls to a telephone

number assigned to a cellular telephone service that are not

charged to the called party, subject to such conditions as the

Commission may prescribe as necessary in the interest of the

privacy rights this section is intended to protect.

(3) Private right of action

A person or entity may, if otherwise permitted by the laws or

rules of court of a State, bring in an appropriate court of that

State -

(A) an action based on a violation of this subsection or the

regulations prescribed under this subsection to enjoin such

violation,

(B) an action to recover for actual monetary loss from such a

violation, or to receive $500 in damages for each such

violation, whichever is greater, or

(C) both such actions.

If the court finds that the defendant willfully or knowingly

violated this subsection or the regulations prescribed under this

subsection, the court may, in its discretion, increase the amount

of the award to an amount equal to not more than 3 times the

amount available under subparagraph (B) of this paragraph.

(c) Protection of subscriber privacy rights

(1) Rulemaking proceeding required

Within 120 days after December 20, 1991, the Commission shall

initiate a rulemaking proceeding concerning the need to protect

residential telephone subscribers' privacy rights to avoid

receiving telephone solicitations to which they object. The

proceeding shall -

(A) compare and evaluate alternative methods and procedures

(including the use of electronic databases, telephone network

technologies, special directory markings, industry-based or

company-specific "do not call" systems, and any other

alternatives, individually or in combination) for their

effectiveness in protecting such privacy rights, and in terms

of their cost and other advantages and disadvantages;

(B) evaluate the categories of public and private entities

that would have the capacity to establish and administer such

methods and procedures;

(C) consider whether different methods and procedures may

apply for local telephone solicitations, such as local

telephone solicitations of small businesses or holders of

second class mail permits;

(D) consider whether there is a need for additional

Commission authority to further restrict telephone

solicitations, including those calls exempted under subsection

(a)(3) of this section, and, if such a finding is made and

supported by the record, propose specific restrictions to the

Congress; and

(E) develop proposed regulations to implement the methods and

procedures that the Commission determines are most effective

and efficient to accomplish the purposes of this section.

(2) Regulations

Not later than 9 months after December 20, 1991, the Commission

shall conclude the rulemaking proceeding initiated under

paragraph (1) and shall prescribe regulations to implement

methods and procedures for protecting the privacy rights

described in such paragraph in an efficient, effective, and

economic manner and without the imposition of any additional

charge to telephone subscribers.

(3) Use of database permitted

The regulations required by paragraph (2) may require the

establishment and operation of a single national database to

compile a list of telephone numbers of residential subscribers

who object to receiving telephone solicitations, and to make that

compiled list and parts thereof available for purchase. If the

Commission determines to require such a database, such

regulations shall -

(A) specify a method by which the Commission will select an

entity to administer such database;

(B) require each common carrier providing telephone exchange

service, in accordance with regulations prescribed by the

Commission, to inform subscribers for telephone exchange

service of the opportunity to provide notification, in

accordance with regulations established under this paragraph,

that such subscriber objects to receiving telephone

solicitations;

(C) specify the methods by which each telephone subscriber

shall be informed, by the common carrier that provides local

exchange service to that subscriber, of (i) the subscriber's

right to give or revoke a notification of an objection under

subparagraph (A), and (ii) the methods by which such right may

be exercised by the subscriber;

(D) specify the methods by which such objections shall be

collected and added to the database;

(E) prohibit any residential subscriber from being charged

for giving or revoking such notification or for being included

in a database compiled under this section;

(F) prohibit any person from making or transmitting a

telephone solicitation to the telephone number of any

subscriber included in such database;

(G) specify (i) the methods by which any person desiring to

make or transmit telephone solicitations will obtain access to

the database, by area code or local exchange prefix, as

required to avoid calling the telephone numbers of subscribers

included in such database; and (ii) the costs to be recovered

from such persons;

(H) specify the methods for recovering, from persons

accessing such database, the costs involved in identifying,

collecting, updating, disseminating, and selling, and other

activities relating to, the operations of the database that are

incurred by the entities carrying out those activities;

(I) specify the frequency with which such database will be

updated and specify the method by which such updating will take

effect for purposes of compliance with the regulations

prescribed under this subsection;

(J) be designed to enable States to use the database

mechanism selected by the Commission for purposes of

administering or enforcing State law;

(K) prohibit the use of such database for any purpose other

than compliance with the requirements of this section and any

such State law and specify methods for protection of the

privacy rights of persons whose numbers are included in such

database; and

(L) require each common carrier providing services to any

person for the purpose of making telephone solicitations to

notify such person of the requirements of this section and the

regulations thereunder.

(4) Considerations required for use of database method

If the Commission determines to require the database mechanism

described in paragraph (3), the Commission shall -

(A) in developing procedures for gaining access to the

database, consider the different needs of telemarketers

conducting business on a national, regional, State, or local

level;

(B) develop a fee schedule or price structure for recouping

the cost of such database that recognizes such differences and

-

(i) reflect the relative costs of providing a national,

regional, State, or local list of phone numbers of

subscribers who object to receiving telephone solicitations;

(ii) reflect the relative costs of providing such lists on

paper or electronic media; and

(iii) not place an unreasonable financial burden on small

businesses; and

(C) consider (i) whether the needs of telemarketers operating

on a local basis could be met through special markings of area

white pages directories, and (ii) if such directories are

needed as an adjunct to database lists prepared by area code

and local exchange prefix.

(5) Private right of action

A person who has received more than one telephone call within

any 12-month period by or on behalf of the same entity in

violation of the regulations prescribed under this subsection

may, if otherwise permitted by the laws or rules of court of a

State bring in an appropriate court of that State -

(A) an action based on a violation of the regulations

prescribed under this subsection to enjoin such violation,

(B) an action to recover for actual monetary loss from such a

violation, or to receive up to $500 in damages for each such

violation, whichever is greater, or

(C) both such actions.

It shall be an affirmative defense in any action brought under

this paragraph that the defendant has established and

implemented, with due care, reasonable practices and procedures

to effectively prevent telephone solicitations in violation of

the regulations prescribed under this subsection. If the court

finds that the defendant willfully or knowingly violated the

regulations prescribed under this subsection, the court may, in

its discretion, increase the amount of the award to an amount

equal to not more than 3 times the amount available under

subparagraph (B) of this paragraph.

(6) Relation to subsection (b)

The provisions of this subsection shall not be construed to

permit a communication prohibited by subsection (b) of this

section.

(d) Technical and procedural standards

(1) Prohibition

It shall be unlawful for any person within the United States -

(A) to initiate any communication using a telephone facsimile

machine, or to make any telephone call using any automatic

telephone dialing system, that does not comply with the

technical and procedural standards prescribed under this

subsection, or to use any telephone facsimile machine or

automatic telephone dialing system in a manner that does not

comply with such standards; or

(B) to use a computer or other electronic device to send any

message via a telephone facsimile machine unless such person

clearly marks, in a margin at the top or bottom of each

transmitted page of the message or on the first page of the

transmission, the date and time it is sent and an

identification of the business, other entity, or individual

sending the message and the telephone number of the sending

machine or of such business, other entity, or individual.

(2) Telephone facsimile machines

The Commission shall revise the regulations setting technical

and procedural standards for telephone facsimile machines to

require that any such machine which is manufactured after one

year after December 20, 1991, clearly marks, in a margin at the

top or bottom of each transmitted page or on the first page of

each transmission, the date and time sent, an identification of

the business, other entity, or individual sending the message,

and the telephone number of the sending machine or of such

business, other entity, or individual.

(3) Artificial or prerecorded voice systems

The Commission shall prescribe technical and procedural

standards for systems that are used to transmit any artificial or

prerecorded voice message via telephone. Such standards shall

require that -

(A) all artificial or prerecorded telephone messages (i)

shall, at the beginning of the message, state clearly the

identity of the business, individual, or other entity

initiating the call, and (ii) shall, during or after the

message, state clearly the telephone number or address of such

business, other entity, or individual; and

(B) any such system will automatically release the called

party's line within 5 seconds of the time notification is

transmitted to the system that the called party has hung up, to

allow the called party's line to be used to make or receive

other calls.

(e) Effect on State law

(1) State law not preempted

Except for the standards prescribed under subsection (d) of

this section and subject to paragraph (2) of this subsection,

nothing in this section or in the regulations prescribed under

this section shall preempt any State law that imposes more

restrictive intrastate requirements or regulations on, or which

prohibits -

(A) the use of telephone facsimile machines or other

electronic devices to send unsolicited advertisements;

(B) the use of automatic telephone dialing systems;

(C) the use of artificial or prerecorded voice messages; or

(D) the making of telephone solicitations.

(2) State use of databases

If, pursuant to subsection (c)(3) of this section, the

Commission requires the establishment of a single national

database of telephone numbers of subscribers who object to

receiving telephone solicitations, a State or local authority may

not, in its regulation of telephone solicitations, require the

use of any database, list, or listing system that does not

include the part of such single national database that relates to

such State.

(f) Actions by States

(1) Authority of States

Whenever the attorney general of a State, or an official or

agency designated by a State, has reason to believe that any

person has engaged or is engaging in a pattern or practice of

telephone calls or other transmissions to residents of that State

in violation of this section or the regulations prescribed under

this section, the State may bring a civil action on behalf of its

residents to enjoin such calls, an action to recover for actual

monetary loss or receive $500 in damages for each violation, or

both such actions. If the court finds the defendant willfully or

knowingly violated such regulations, the court may, in its

discretion, increase the amount of the award to an amount equal

to not more than 3 times the amount available under the preceding

sentence.

(2) Exclusive jurisdiction of Federal courts

The district courts of the United States, the United States

courts of any territory, and the District Court of the United

States for the District of Columbia shall have exclusive

jurisdiction over all civil actions brought under this

subsection. Upon proper application, such courts shall also have

jurisdiction to issue writs of mandamus, or orders affording like

relief, commanding the defendant to comply with the provisions of

this section or regulations prescribed under this section,

including the requirement that the defendant take such action as

is necessary to remove the danger of such violation. Upon a

proper showing, a permanent or temporary injunction or

restraining order shall be granted without bond.

(3) Rights of Commission

The State shall serve prior written notice of any such civil

action upon the Commission and provide the Commission with a copy

of its complaint, except in any case where such prior notice is

not feasible, in which case the State shall serve such notice

immediately upon instituting such action. The Commission shall

have the right (A) to intervene in the action, (B) upon so

intervening, to be heard on all matters arising therein, and (C)

to file petitions for appeal.

(4) Venue; service of process

Any civil action brought under this subsection in a district

court of the United States may be brought in the district wherein

the defendant is found or is an inhabitant or transacts business

or wherein the violation occurred or is occurring, and process in

such cases may be served in any district in which the defendant

is an inhabitant or where the defendant may be found.

(5) Investigatory powers

For purposes of bringing any civil action under this

subsection, nothing in this section shall prevent the attorney

general of a State, or an official or agency designated by a

State, from exercising the powers conferred on the attorney

general or such official by the laws of such State to conduct

investigations or to administer oaths or affirmations or to

compel the attendance of witnesses or the production of

documentary and other evidence.

(6) Effect on State court proceedings

Nothing contained in this subsection shall be construed to

prohibit an authorized State official from proceeding in State

court on the basis of an alleged violation of any general civil

or criminal statute of such State.

(7) Limitation

Whenever the Commission has instituted a civil action for

violation of regulations prescribed under this section, no State

may, during the pendency of such action instituted by the

Commission, subsequently institute a civil action against any

defendant named in the Commission's complaint for any violation

as alleged in the Commission's complaint.

(8) "Attorney general" defined

As used in this subsection, the term "attorney general" means

the chief legal officer of a State.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 227, as added Pub. L.

102-243, Sec. 3(a), Dec. 20, 1991, 105 Stat. 2395; amended Pub. L.

102-556, title IV, Sec. 402, Oct. 28, 1992, 106 Stat. 4194; Pub. L.

103-414, title III, Sec. 303(a)(11), (12), Oct. 25, 1994, 108 Stat.

4294.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(2)(C). Pub. L. 103-414, Sec. 303(a)(11),

substituted "paragraph" for "paragraphs".

Subsec. (e)(2). Pub. L. 103-414, Sec. 303(a)(12), substituted

"national database" for "national datebase" after "such single".

1992 - Subsec. (b)(2)(C). Pub. L. 102-556 added subpar. (C).

EFFECTIVE DATE; DEADLINE FOR REGULATIONS

Section 3(c) of Pub. L. 102-243, as amended by Pub. L. 102-556,

title I, Sec. 102, Oct. 28, 1992, 106 Stat. 4186, provided that:

"(1) Regulations. - The Federal Communications Commission shall

prescribe regulations to implement the amendments made by this

section [enacting this section and amending section 152 of this

title] not later than 9 months after the date of enactment of this

Act [Dec. 20, 1991].

"(2) Effective date. - The requirements of section 227 of the

Communications Act of 1934 [this section] (as added by this

section), other than the authority to prescribe regulations, shall

take effect one year after the date of enactment of this Act [Dec.

20, 1991]."

CONGRESSIONAL STATEMENT OF FINDINGS

Section 2 of Pub. L. 102-243 provided that: "The Congress finds

that:

"(1) The use of the telephone to market goods and services to

the home and other businesses is now pervasive due to the

increased use of cost-effective telemarketing techniques.

"(2) Over 30,000 businesses actively telemarket goods and

services to business and residential customers.

"(3) More than 300,000 solicitors call more than 18,000,000

Americans every day.

"(4) Total United States sales generated through telemarketing

amounted to $435,000,000,000 in 1990, a more than four-fold

increase since 1984.

"(5) Unrestricted telemarketing, however, can be an intrusive

invasion of privacy and, when an emergency or medical assistance

telephone line is seized, a risk to public safety.

"(6) Many consumers are outraged over the proliferation of

intrusive, nuisance calls to their homes from telemarketers.

"(7) Over half the States now have statutes restricting various

uses of the telephone for marketing, but telemarketers can evade

their prohibitions through interstate operations; therefore,

Federal law is needed to control residential telemarketing

practices.

"(8) The Constitution does not prohibit restrictions on

commercial telemarketing solicitations.

"(9) Individuals' privacy rights, public safety interests, and

commercial freedoms of speech and trade must be balanced in a way

that protects the privacy of individuals and permits legitimate

telemarketing practices.

"(10) Evidence compiled by the Congress indicates that

residential telephone subscribers consider automated or

prerecorded telephone calls, regardless of the content or the

initiator of the message, to be a nuisance and an invasion of

privacy.

"(11) Technologies that might allow consumers to avoid

receiving such calls are not universally available, are costly,

are unlikely to be enforced, or place an inordinate burden on the

consumer.

"(12) Banning such automated or prerecorded telephone calls to

the home, except when the receiving party consents to receiving

the call or when such calls are necessary in an emergency

situation affecting the health and safety of the consumer, is the

only effective means of protecting telephone consumers from this

nuisance and privacy invasion.

"(13) While the evidence presented to the Congress indicates

that automated or prerecorded calls are a nuisance and an

invasion of privacy, regardless of the type of call, the Federal

Communications Commission should have the flexibility to design

different rules for those types of automated or prerecorded calls

that it finds are not considered a nuisance or invasion of

privacy, or for noncommercial calls, consistent with the free

speech protections embodied in the First Amendment of the

Constitution.

"(14) Businesses also have complained to the Congress and the

Federal Communications Commission that automated or prerecorded

telephone calls are a nuisance, are an invasion of privacy, and

interfere with interstate commerce.

"(15) The Federal Communications Commission should consider

adopting reasonable restrictions on automated or prerecorded

calls to businesses as well as to the home, consistent with the

constitutional protections of free speech."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 152 of this title.

-End-

-CITE-

47 USC Sec. 228 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 228. Regulation of carrier offering of pay-per-call services

-STATUTE-

(a) Purpose

It is the purpose of this section -

(1) to put into effect a system of national regulation and

review that will oversee interstate pay-per-call services; and

(2) to recognize the Commission's authority to prescribe

regulations and enforcement procedures and conduct oversight to

afford reasonable protection to consumers of pay-per-call

services and to assure that violations of Federal law do not

occur.

(b) General authority for regulations

The Commission by regulation shall, within 270 days after October

28, 1992, establish a system for oversight and regulation of

pay-per-call services in order to provide for the protection of

consumers in accordance with this chapter and other applicable

Federal statutes and regulations. The Commission's final rules

shall -

(1) include measures that provide a consumer of pay-per-call

services with adequate and clear descriptions of the rights of

the caller;

(2) define the obligations of common carriers with respect to

the provision of pay-per-call services;

(3) include requirements on such carriers to protect against

abusive practices by providers of pay-per-call services;

(4) identify procedures by which common carriers and providers

of pay-per-call services may take affirmative steps to protect

against nonpayment of legitimate charges; and

(5) require that any service described in subparagraphs (A) and

(B) of subsection (i)(1) of this section be offered only through

the use of certain telephone number prefixes and area codes.

(c) Common carrier obligations

Within 270 days after October 28, 1992, the Commission shall, by

regulation, establish the following requirements for common

carriers:

(1) Contractual obligations to comply

Any common carrier assigning to a provider of pay-per-call

services a telephone number with a prefix or area code designated

by the Commission in accordance with subsection (b)(5) of this

section shall require by contract or tariff that such provider

comply with the provisions of titles II and III of the Telephone

Disclosure and Dispute Resolution Act [15 U.S.C. 5711 et seq.;

5721 et seq.] and the regulations prescribed by the Federal Trade

Commission pursuant to those titles.

(2) Information availability

A common carrier that by tariff or contract assigns a telephone

number with a prefix or area code designated by the Commission in

accordance with subsection (b)(5) of this section to a provider

of a pay-per-call service shall make readily available on request

to Federal and State agencies and other interested persons -

(A) a list of the telephone numbers for each of the

pay-per-call services it carries;

(B) a short description of each such service;

(C) a statement of the total cost or the cost per minute and

any other fees for each such service;

(D) a statement of the pay-per-call service's name, business

address, and business telephone; and

(E) such other information as the Commission considers

necessary for the enforcement of this section and other

applicable Federal statutes and regulations.

(3) Compliance procedures

A common carrier that by contract or tariff assigns a telephone

number with a prefix or area code designated by the Commission in

accordance with subsection (b)(5) of this section to a provider

of pay-per-call services shall terminate, in accordance with

procedures specified in such regulations, the offering of a

pay-per-call service of a provider if the carrier knows or

reasonably should know that such service is not provided in

compliance with title II or III of the Telephone Disclosure and

Dispute Resolution Act [15 U.S.C. 5711 et seq.; 5721 et seq.] or

the regulations prescribed by the Federal Trade Commission

pursuant to such titles.

(4) Subscriber disconnection prohibited

A common carrier shall not disconnect or interrupt a

subscriber's local exchange telephone service or long distance

telephone service because of nonpayment of charges for any

pay-per-call service.

(5) Blocking and presubscription

A common carrier that provides local exchange service shall -

(A) offer telephone subscribers (where technically feasible)

the option of blocking access from their telephone number to

all, or to certain specific, prefixes or area codes used by

pay-per-call services, which option -

(i) shall be offered at no charge (I) to all subscribers

for a period of 60 days after the issuance of the regulations

under subsection (b) of this section, and (II) to any

subscriber who subscribes to a new telephone number until 60

days after the time the new telephone number is effective;

and

(ii) shall otherwise be offered at a reasonable fee; and

(B) offer telephone subscribers (where the Commission

determines it is technically and economically feasible), in

combination with the blocking option described under

subparagraph (A), the option of presubscribing to or blocking

only specific pay-per-call services for a reasonable one-time

charge.

The regulations prescribed under subparagraph (A)(i) of this

paragraph may permit the costs of such blocking to be recovered

by contract or tariff, but such costs may not be recovered from

local or long-distance ratepayers. Nothing in this subsection

precludes a common carrier from filing its rates and regulations

regarding blocking and presubscription in its interstate tariffs.

(6) Verification of charitable status

A common carrier that assigns by contract or tariff a telephone

number with a prefix or area code designated by the Commission in

accordance with subsection (b)(5) of this section to a provider

of pay-per-call services that the carrier knows or reasonably

should know is engaged in soliciting charitable contributions

shall obtain from such provider proof of the tax exempt status of

any person or organization for which contributions are solicited.

(7) Billing for 800 calls

A common carrier shall prohibit by tariff or contract the use

of any 800 telephone number, or other telephone number advertised

or widely understood to be toll free, in a manner that would

result in -

(A) the calling party being assessed, by virtue of completing

the call, a charge for the call;

(B) the calling party being connected to a pay-per-call

service;

(C) the calling party being charged for information conveyed

during the call unless -

(i) the calling party has a written agreement (including an

agreement transmitted through electronic medium) that meets

the requirements of paragraph (8); or

(ii) the calling party is charged for the information in

accordance with paragraph (9);

(D) the calling party being called back collect for the

provision of audio information services or simultaneous voice

conversation services; or

(E) the calling party being assessed, by virtue of being

asked to connect or otherwise transfer to a pay-per-call

service, a charge for the call.

(8) Subscription agreements for billing for information provided

via toll-free calls

(A) In general

For purposes of paragraph (7)(C)(i), a written subscription

does not meet the requirements of this paragraph unless the

agreement specifies the material terms and conditions under

which the information is offered and includes -

(i) the rate at which charges are assessed for the

information;

(ii) the information provider's name;

(iii) the information provider's business address;

(iv) the information provider's regular business telephone

number;

(v) the information provider's agreement to notify the

subscriber at least one billing cycle in advance of all

future changes in the rates charged for the information; and

(vi) the subscriber's choice of payment method, which may

be by direct remit, debit, prepaid account, phone bill, or

credit or calling card.

(B) Billing arrangements

If a subscriber elects, pursuant to subparagraph (A)(vi), to

pay by means of a phone bill -

(i) the agreement shall clearly explain that the subscriber

will be assessed for calls made to the information service

from the subscriber's phone line;

(ii) the phone bill shall include, in prominent type, the

following disclaimer:

"Common carriers may not disconnect local or long

distance telephone service for failure to pay disputed

charges for information services."; and

(iii) the phone bill shall clearly list the 800 number

dialed.

(C) Use of PINs to prevent unauthorized use

A written agreement does not meet the requirements of this

paragraph unless it -

(i) includes a unique personal identification number or

other subscriber-specific identifier and requires a

subscriber to use this number or identifier to obtain access

to the information provided and includes instructions on its

use; and

(ii) assures that any charges for services accessed by use

of the subscriber's personal identification number or

subscriber-specific identifier be assessed to subscriber's

source of payment elected pursuant to subparagraph (A)(vi).

(D) Exceptions

Notwithstanding paragraph (7)(C), a written agreement that

meets the requirements of this paragraph is not required -

(i) for calls utilizing telecommunications devices for the

deaf;

(ii) for directory services provided by a common carrier or

its affiliate or by a local exchange carrier or its

affiliate; or

(iii) for any purchase of goods or of services that are not

information services.

(E) Termination of service

On receipt by a common carrier of a complaint by any person

that an information provider is in violation of the provisions

of this section, a carrier shall -

(i) promptly investigate the complaint; and

(ii) if the carrier reasonably determines that the

complaint is valid, it may terminate the provision of service

to an information provider unless the provider supplies

evidence of a written agreement that meets the requirements

of this section.

(F) Treatment of remedies

The remedies provided in this paragraph are in addition to

any other remedies that are available under subchapter V of

this chapter.

(9) Charges by credit, prepaid, debit, charge, or calling card in

absence of agreement

For purposes of paragraph (7)(C)(ii), a calling party is not

charged in accordance with this paragraph unless the calling

party is charged by means of a credit, prepaid, debit, charge, or

calling card and the information service provider includes in

response to each call an introductory disclosure message that -

(A) clearly states that there is a charge for the call;

(B) clearly states the service's total cost per minute and

any other fees for the service or for any service to which the

caller may be transferred;

(C) explains that the charges must be billed on either a

credit, prepaid, debit, charge, or calling card;

(D) asks the caller for the card number;

(E) clearly states that charges for the call begin at the end

of the introductory message; and

(F) clearly states that the caller can hang up at or before

the end of the introductory message without incurring any

charge whatsoever.

(10) Bypass of introductory disclosure message

The requirements of paragraph (9) shall not apply to calls from

repeat callers using a bypass mechanism to avoid listening to the

introductory message: Provided, That information providers shall

disable such a bypass mechanism after the institution of any

price increase and for a period of time determined to be

sufficient by the Federal Trade Commission to give callers

adequate and sufficient notice of a price increase.

(11) "Calling card" defined

As used in this subsection, the term "calling card" means an

identifying number or code unique to the individual, that is

issued to the individual by a common carrier and enables the

individual to be charged by means of a phone bill for charges

incurred independent of where the call originates.

(d) Billing and collection practices

The regulations required by this section shall require that any

common carrier that by tariff or contract assigns a telephone

number with a prefix or area code designated by the Commission in

accordance with subsection (b)(5) of this section to a provider of

a pay-per-call service and that offers billing and collection

services to such provider -

(1) ensure that a subscriber is not billed -

(A) for pay-per-call services that such carrier knows or

reasonably should know was provided in violation of the

regulations issued pursuant to title II of the Telephone

Disclosure and Dispute Resolution Act [15 U.S.C. 5711 et seq.];

or

(B) under such other circumstances as the Commission

determines necessary in order to protect subscribers from

abusive practices;

(2) establish a local or a toll-free telephone number to answer

questions and provide information on subscribers' rights and

obligations with regard to their use of pay-per-call services and

to provide to callers the name and mailing address of any

provider of pay-per-call services offered by the common carrier;

(3) within 60 days after the issuance of final regulations

pursuant to subsection (b) of this section, provide, either

directly or through contract with any local exchange carrier that

provides billing or collection services to the common carrier, to

all of such common carrier's telephone subscribers, to all new

subscribers, and to all subscribers requesting service at a new

location, a disclosure statement that sets forth all rights and

obligations of the subscriber and the carrier with respect to the

use and payment for pay-per-call services, including the right of

a subscriber not to be billed and the applicable blocking option;

and

(4) in any billing to telephone subscribers that includes

charges for any pay-per-call service -

(A) display any charges for pay-per-call services in a part

of the subscriber's bill that is identified as not being

related to local and long distance telephone charges;

(B) for each charge so displayed, specify, at a minimum, the

type of service, the amount of the charge, and the date, time,

and duration of the call; and

(C) identify the toll-free number established pursuant to

paragraph (2).

(e) Liability

(1) Common carriers not liable for transmission or billing

No common carrier shall be liable for a criminal or civil

sanction or penalty solely because the carrier provided

transmission or billing and collection for a pay-per-call service

unless the carrier knew or reasonably should have known that such

service was provided in violation of a provision of, or

regulation prescribed pursuant to, title II or III of the

Telephone Disclosure and Dispute Resolution Act [15 U.S.C. 5711

et seq.; 5721 et seq.] or any other Federal law. This paragraph

shall not prevent the Commission from imposing a sanction or

penalty on a common carrier for a violation by that carrier of a

regulation prescribed under this section.

(2) Civil liability

No cause of action may be brought in any court or

administrative agency against any common carrier or any of its

affiliates on account of any act of the carrier or affiliate to

terminate any pay-per-call service in order to comply with the

regulations prescribed under this section, title II or III of the

Telephone Disclosure and Dispute Resolution Act [15 U.S.C. 5711

et seq.; 5721 et seq.], or any other Federal law unless the

complainant demonstrates that the carrier or affiliate did not

act in good faith.

(f) Special provisions

(1) Consumer refund requirements

The regulations required by subsection (d) of this section

shall establish procedures, consistent with the provisions of

titles II and III of the Telephone Disclosure and Dispute

Resolution Act [15 U.S.C. 5711 et seq.; 5721 et seq.], to ensure

that carriers and other parties providing billing and collection

services with respect to pay-per-call services provide

appropriate refunds to subscribers who have been billed for

pay-per-call services pursuant to programs that have been found

to have violated this section or such regulations, any provision

of, or regulations prescribed pursuant to, title II or III of the

Telephone Disclosure and Dispute Resolution Act, or any other

Federal law.

(2) Recovery of costs

The regulations prescribed by the Commission under this section

shall permit a common carrier to recover its cost of complying

with such regulations from providers of pay-per-call services,

but shall not permit such costs to be recovered from local or

long distance ratepayers.

(3) Recommendations on data pay-per-call

The Commission, within one year after October 28, 1992, shall

submit to the Congress the Commission's recommendations with

respect to the extension of regulations under this section to

persons that provide, for a per-call charge, data services that

are not pay-per-call services.

(g) Effect on other law

(1) No preemption of election law

Nothing in this section shall relieve any provider of

pay-per-call services, common carrier, local exchange carrier, or

any other person from the obligation to comply with Federal,

State, and local election statutes and regulations.

(2) Consumer protection laws

Nothing in this section shall relieve any provider of

pay-per-call services, common carrier, local exchange carrier, or

any other person from the obligation to comply with any Federal,

State, or local statute or regulation relating to consumer

protection or unfair trade.

(3) Gambling laws

Nothing in this section shall preclude any State from enforcing

its statutes and regulations with regard to lotteries, wagering,

betting, and other gambling activities.

(4) State authority

Nothing in this section shall preclude any State from enacting

and enforcing additional and complementary oversight and

regulatory systems or procedures, or both, so long as such

systems and procedures govern intrastate services and do not

significantly impede the enforcement of this section or other

Federal statutes.

(5) Enforcement of existing regulations

Nothing in this section shall be construed to prohibit the

Commission from enforcing regulations prescribed prior to October

28, 1992, in fulfilling the requirements of this section to the

extent that such regulations are consistent with the provisions

of this section.

(h) Effect on dial-a-porn prohibitions

Nothing in this section shall affect the provisions of section

223 of this title.

(i) "Pay-per-call services" defined

For purposes of this section -

(1) The term "pay-per-call services" means any service -

(A) in which any person provides or purports to provide -

(i) audio information or audio entertainment produced or

packaged by such person;

(ii) access to simultaneous voice conversation services; or

(iii) any service, including the provision of a product,

the charges for which are assessed on the basis of the

completion of the call;

(B) for which the caller pays a per-call or per-time-interval

charge that is greater than, or in addition to, the charge for

transmission of the call; and

(C) which is accessed through use of a 900 telephone number

or other prefix or area code designated by the Commission in

accordance with subsection (b)(5) of this section.

(2) Such term does not include directory services provided by a

common carrier or its affiliate or by a local exchange carrier or

its affiliate, or any service for which users are assessed

charges only after entering into a presubscription or comparable

arrangement with the provider of such service.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 228, as added Pub. L.

102-556, title I, Sec. 101, Oct. 28, 1992, 106 Stat. 4182; amended

Pub. L. 103-414, title III, Sec. 303(a)(13), (14), Oct. 25, 1994,

108 Stat. 4294; Pub. L. 104-104, title VII, Sec. 701(a)(1), (b)(2),

Feb. 8, 1996, 110 Stat. 145, 148.)

-REFTEXT-

REFERENCES IN TEXT

The Telephone Disclosure and Dispute Resolution Act, referred to

in subsecs. (c)(1), (3), (d)(1)(A), (e), and (f)(1), is Pub. L.

102-556, Oct. 28, 1992, 106 Stat. 4181. Titles II and III of the

Act are classified generally to subchapters I (Sec. 5711 et seq.)

and II (Sec. 5721 et seq.), respectively, of chapter 83 of Title

15, Commerce and Trade. For complete classification of this Act to

the Code, see section 5701(a) of Title 15 and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(7)(C). Pub. L. 104-104, Sec. 701(a)(1)(A),

added subpar. (C) and struck out former subpar. (C) which read as

follows: "the calling party being charged for information conveyed

during the call unless the calling party has a preexisting

agreement to be charged for the information or discloses a credit

or charge card number during the call; or".

Subsec. (c)(7)(E). Pub. L. 104-104, Sec. 701(a)(1)(B), added

subpar. (E).

Subsec. (c)(8) to (11). Pub. L. 104-104, Sec. 701(a)(1)(C), added

pars. (8) to (11).

Subsec. (i)(2). Pub. L. 104-104, Sec. 701(b)(2), struck out "or

any service the charge for which is tariffed," after "local

exchange carrier or its affiliate,".

1994 - Subsec. (c)(2) to (7). Pub. L. 103-414, Sec. 303(a)(13),

redesignated par. (2), relating to compliance procedures, as (3)

and pars. (3) to (6) as (4) to (7), respectively.

Subsec. (c)(7)(D). Pub. L. 103-414, Sec. 303(a)(14), which

directed substitution of "conversation" for "conservation" in par.

(6)(D), was executed by making the substitution in par. (7)(D) to

reflect the probable intent of Congress and the redesignation of

par. (6) as (7) by Pub. L. 103-414, Sec. 303(a)(13). See above.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 701(a)(3) of Pub. L. 104-104 provided that: "The

amendments made by paragraph (1) [amending this section] shall take

effect on the date of enactment of this Act [Feb. 8, 1996]."

REGULATIONS

Section 701(a)(2) of Pub. L. 104-104 provided that: "The Federal

Communications Commission shall revise its regulations to comply

with the amendment made by paragraph (1) [amending this section]

not later than 180 days after the date of enactment of this Act

[Feb. 8, 1996]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 5714.

-End-

-CITE-

47 USC Sec. 229 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 229. Communications Assistance for Law Enforcement Act

compliance

-STATUTE-

(a) In general

The Commission shall prescribe such rules as are necessary to

implement the requirements of the Communications Assistance for Law

Enforcement Act [47 U.S.C. 1001 et seq.].

(b) Systems security and integrity

The rules prescribed pursuant to subsection (a) of this section

shall include rules to implement section 105 of the Communications

Assistance for Law Enforcement Act [47 U.S.C. 1004] that require

common carriers -

(1) to establish appropriate policies and procedures for the

supervision and control of its officers and employees -

(A) to require appropriate authorization to activate

interception of communications or access to call-identifying

information; and

(B) to prevent any such interception or access without such

authorization;

(2) to maintain secure and accurate records of any interception

or access with or without such authorization; and

(3) to submit to the Commission the policies and procedures

adopted to comply with the requirements established under

paragraphs (1) and (2).

(c) Commission review of compliance

The Commission shall review the policies and procedures submitted

under subsection (b)(3) of this section and shall order a common

carrier to modify any such policy or procedure that the Commission

determines does not comply with Commission regulations. The

Commission shall conduct such investigations as may be necessary to

insure compliance by common carriers with the requirements of the

regulations prescribed under this section.

(d) Penalties

For purposes of this chapter, a violation by an officer or

employee of any policy or procedure adopted by a common carrier

pursuant to subsection (b) of this section, or of a rule prescribed

by the Commission pursuant to subsection (a) of this section, shall

be considered to be a violation by the carrier of a rule prescribed

by the Commission pursuant to this chapter.

(e) Cost recovery for Communications Assistance for Law Enforcement

Act compliance

(1) Petitions authorized

A common carrier may petition the Commission to adjust charges,

practices, classifications, and regulations to recover costs

expended for making modifications to equipment, facilities, or

services pursuant to the requirements of section 103 of the

Communications Assistance for Law Enforcement Act [47 U.S.C.

1002].

(2) Commission authority

The Commission may grant, with or without modification, a

petition under paragraph (1) if the Commission determines that

such costs are reasonable and that permitting recovery is

consistent with the public interest. The Commission may,

consistent with maintaining just and reasonable charges,

practices, classifications, and regulations in connection with

the provision of interstate or foreign communication by wire or

radio by a common carrier, allow carriers to adjust such charges,

practices, classifications, and regulations in order to carry out

the purposes of this chapter.

(3) Joint board

The Commission shall convene a Federal-State joint board to

recommend appropriate changes to part 36 of the Commission's

rules with respect to recovery of costs pursuant to charges,

practices, classifications, and regulations under the

jurisdiction of the Commission.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 229, as added Pub. L.

103-414, title III, Sec. 301, Oct. 25, 1994, 108 Stat. 4292.)

-REFTEXT-

REFERENCES IN TEXT

The Communications Assistance for Law Enforcement Act, referred

to in subsecs. (a) and (e), is title I of Pub. L. 103-414, Oct. 25,

1994, 108 Stat. 4279, which is classified generally to subchapter I

(Sec. 1001 et seq.) of chapter 9 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1001 of this title and Tables.

-End-

-CITE-

47 USC Sec. 230 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 230. Protection for private blocking and screening of

offensive material

-STATUTE-

(a) Findings

The Congress finds the following:

(1) The rapidly developing array of Internet and other

interactive computer services available to individual Americans

represent an extraordinary advance in the availability of

educational and informational resources to our citizens.

(2) These services offer users a great degree of control over

the information that they receive, as well as the potential for

even greater control in the future as technology develops.

(3) The Internet and other interactive computer services offer

a forum for a true diversity of political discourse, unique

opportunities for cultural development, and myriad avenues for

intellectual activity.

(4) The Internet and other interactive computer services have

flourished, to the benefit of all Americans, with a minimum of

government regulation.

(5) Increasingly Americans are relying on interactive media for

a variety of political, educational, cultural, and entertainment

services.

(b) Policy

It is the policy of the United States -

(1) to promote the continued development of the Internet and

other interactive computer services and other interactive media;

(2) to preserve the vibrant and competitive free market that

presently exists for the Internet and other interactive computer

services, unfettered by Federal or State regulation;

(3) to encourage the development of technologies which maximize

user control over what information is received by individuals,

families, and schools who use the Internet and other interactive

computer services;

(4) to remove disincentives for the development and utilization

of blocking and filtering technologies that empower parents to

restrict their children's access to objectionable or

inappropriate online material; and

(5) to ensure vigorous enforcement of Federal criminal laws to

deter and punish trafficking in obscenity, stalking, and

harassment by means of computer.

(c) Protection for "Good Samaritan" blocking and screening of

offensive material

(1) Treatment of publisher or speaker

No provider or user of an interactive computer service shall be

treated as the publisher or speaker of any information provided

by another information content provider.

(2) Civil liability

No provider or user of an interactive computer service shall be

held liable on account of -

(A) any action voluntarily taken in good faith to restrict

access to or availability of material that the provider or user

considers to be obscene, lewd, lascivious, filthy, excessively

violent, harassing, or otherwise objectionable, whether or not

such material is constitutionally protected; or

(B) any action taken to enable or make available to

information content providers or others the technical means to

restrict access to material described in paragraph (1).(!1)

(d) Obligations of interactive computer service

A provider of interactive computer service shall, at the time of

entering an agreement with a customer for the provision of

interactive computer service and in a manner deemed appropriate by

the provider, notify such customer that parental control

protections (such as computer hardware, software, or filtering

services) are commercially available that may assist the customer

in limiting access to material that is harmful to minors. Such

notice shall identify, or provide the customer with access to

information identifying, current providers of such protections.

(e) Effect on other laws

(1) No effect on criminal law

Nothing in this section shall be construed to impair the

enforcement of section 223 or 231 of this title, chapter 71

(relating to obscenity) or 110 (relating to sexual exploitation

of children) of title 18, or any other Federal criminal statute.

(2) No effect on intellectual property law

Nothing in this section shall be construed to limit or expand

any law pertaining to intellectual property.

(3) State law

Nothing in this section shall be construed to prevent any State

from enforcing any State law that is consistent with this

section. No cause of action may be brought and no liability may

be imposed under any State or local law that is inconsistent with

this section.

(4) No effect on communications privacy law

Nothing in this section shall be construed to limit the

application of the Electronic Communications Privacy Act of 1986

or any of the amendments made by such Act, or any similar State

law.

(f) Definitions

As used in this section:

(1) Internet

The term "Internet" means the international computer network of

both Federal and non-Federal interoperable packet switched data

networks.

(2) Interactive computer service

The term "interactive computer service" means any information

service, system, or access software provider that provides or

enables computer access by multiple users to a computer server,

including specifically a service or system that provides access

to the Internet and such systems operated or services offered by

libraries or educational institutions.

(3) Information content provider

The term "information content provider" means any person or

entity that is responsible, in whole or in part, for the creation

or development of information provided through the Internet or

any other interactive computer service.

(4) Access software provider

The term "access software provider" means a provider of

software (including client or server software), or enabling tools

that do any one or more of the following:

(A) filter, screen, allow, or disallow content;

(B) pick, choose, analyze, or digest content; or

(C) transmit, receive, display, forward, cache, search,

subset, organize, reorganize, or translate content.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 230, as added Pub. L.

104-104, title V, Sec. 509, Feb. 8, 1996, 110 Stat. 137; amended

Pub. L. 105-277, div. C, title XIV, Sec. 1404(a), Oct. 21, 1998,

112 Stat. 2681-739.)

-REFTEXT-

REFERENCES IN TEXT

The Electronic Communications Privacy Act of 1986, referred to in

subsec. (e)(4), is Pub. L. 99-508, Oct. 21, 1986, 100 Stat. 1848,

as amended. For complete classification of this Act to the Code,

see Short Title of 1986 Amendment note set out under section 2510

of Title 18, Crimes and Criminal Procedure, and Tables.

-COD-

CODIFICATION

Section 509 of Pub. L. 104-104, which directed amendment of title

II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) by

adding section 230 at end, was executed by adding the section at

end of part I of title II of the Act to reflect the probable intent

of Congress and amendments by sections 101(a), (b), and 151(a) of

Pub. L. 104-104 designating Secs. 201 to 229 as part I and adding

parts II (Sec. 251 et seq.) and III (Sec. 271 et seq.) to title II

of the Act.

-MISC1-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-277, Sec. 1404(a)(3), added

subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (d)(1). Pub. L. 105-277, Sec. 1404(a)(1), inserted "or

231" after "section 223".

Subsecs. (e), (f). Pub. L. 105-277, Sec. 1404(a)(2), redesignated

subsecs. (d) and (e) as (e) and (f), respectively.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective 30 days after Oct. 21,

1998, see section 1406 of Pub. L. 105-277, set out as a note under

section 223 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 223, 231, 941 of this

title; title 15 section 1127; title 18 sections 1462, 1465; title

27 section 122b.

-FOOTNOTE-

(!1) So in original. Probably should be "subparagraph (A)."

-End-

-CITE-

47 USC Sec. 231 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

-HEAD-

Sec. 231. Restriction of access by minors to materials commercially

distributed by means of World Wide Web that are harmful to minors

-STATUTE-

(a) Requirement to restrict access

(1) Prohibited conduct

Whoever knowingly and with knowledge of the character of the

material, in interstate or foreign commerce by means of the World

Wide Web, makes any communication for commercial purposes that is

available to any minor and that includes any material that is

harmful to minors shall be fined not more than $50,000,

imprisoned not more than 6 months, or both.

(2) Intentional violations

In addition to the penalties under paragraph (1), whoever

intentionally violates such paragraph shall be subject to a fine

of not more than $50,000 for each violation. For purposes of this

paragraph, each day of violation shall constitute a separate

violation.

(3) Civil penalty

In addition to the penalties under paragraphs (1) and (2),

whoever violates paragraph (1) shall be subject to a civil

penalty of not more than $50,000 for each violation. For purposes

of this paragraph, each day of violation shall constitute a

separate violation.

(b) Inapplicability of carriers and other service providers

For purposes of subsection (a) of this section, a person shall

not be considered to make any communication for commercial purposes

to the extent that such person is -

(1) a telecommunications carrier engaged in the provision of a

telecommunications service;

(2) a person engaged in the business of providing an Internet

access service;

(3) a person engaged in the business of providing an Internet

information location tool; or

(4) similarly engaged in the transmission, storage, retrieval,

hosting, formatting, or translation (or any combination thereof)

of a communication made by another person, without selection or

alteration of the content of the communication, except that such

person's deletion of a particular communication or material made

by another person in a manner consistent with subsection (c) of

this section or section 230 of this title shall not constitute

such selection or alteration of the content of the communication.

(c) Affirmative defense

(1) Defense

It is an affirmative defense to prosecution under this section

that the defendant, in good faith, has restricted access by

minors to material that is harmful to minors -

(A) by requiring use of a credit card, debit account, adult

access code, or adult personal identification number;

(B) by accepting a digital certificate that verifies age; or

(C) by any other reasonable measures that are feasible under

available technology.

(2) Protection for use of defenses

No cause of action may be brought in any court or

administrative agency against any person on account of any

activity that is not in violation of any law punishable by

criminal or civil penalty, and that the person has taken in good

faith to implement a defense authorized under this subsection or

otherwise to restrict or prevent the transmission of, or access

to, a communication specified in this section.

(d) Privacy protection requirements

(1) Disclosure of information limited

A person making a communication described in subsection (a) of

this section -

(A) shall not disclose any information collected for the

purposes of restricting access to such communications to

individuals 17 years of age or older without the prior written

or electronic consent of -

(i) the individual concerned, if the individual is an

adult; or

(ii) the individual's parent or guardian, if the individual

is under 17 years of age; and

(B) shall take such actions as are necessary to prevent

unauthorized access to such information by a person other than

the person making such communication and the recipient of such

communication.

(2) Exceptions

A person making a communication described in subsection (a) of

this section may disclose such information if the disclosure is -

(A) necessary to make the communication or conduct a

legitimate business activity related to making the

communication; or

(B) made pursuant to a court order authorizing such

disclosure.

(e) Definitions

For purposes of this subsection,(!1) the following definitions

shall apply:

(1) By means of the World Wide Web

The term "by means of the World Wide Web" means by placement of

material in a computer server-based file archive so that it is

publicly accessible, over the Internet, using hypertext transfer

protocol or any successor protocol.

(2) Commercial purposes; engaged in the business

(A) Commercial purposes

A person shall be considered to make a communication for

commercial purposes only if such person is engaged in the

business of making such communications.

(B) Engaged in the business

The term "engaged in the business" means that the person who

makes a communication, or offers to make a communication, by

means of the World Wide Web, that includes any material that is

harmful to minors, devotes time, attention, or labor to such

activities, as a regular course of such person's trade or

business, with the objective of earning a profit as a result of

such activities (although it is not necessary that the person

make a profit or that the making or offering to make such

communications be the person's sole or principal business or

source of income). A person may be considered to be engaged in

the business of making, by means of the World Wide Web,

communications for commercial purposes that include material

that is harmful to minors, only if the person knowingly causes

the material that is harmful to minors to be posted on the

World Wide Web or knowingly solicits such material to be posted

on the World Wide Web.

(3) Internet

The term "Internet" means the combination of computer

facilities and electromagnetic transmission media, and related

equipment and software, comprising the interconnected worldwide

network of computer networks that employ the Transmission Control

Protocol/Internet Protocol or any successor protocol to transmit

information.

(4) Internet access service

The term "Internet access service" means a service that enables

users to access content, information, electronic mail, or other

services offered over the Internet, and may also include access

to proprietary content, information, and other services as part

of a package of services offered to consumers. Such term does not

include telecommunications services.

(5) Internet information location tool

The term "Internet information location tool" means a service

that refers or links users to an online location on the World

Wide Web. Such term includes directories, indices, references,

pointers, and hypertext links.

(6) Material that is harmful to minors

The term "material that is harmful to minors" means any

communication, picture, image, graphic image file, article,

recording, writing, or other matter of any kind that is obscene

or that -

(A) the average person, applying contemporary community

standards, would find, taking the material as a whole and with

respect to minors, is designed to appeal to, or is designed to

pander to, the prurient interest;

(B) depicts, describes, or represents, in a manner patently

offensive with respect to minors, an actual or simulated sexual

act or sexual contact, an actual or simulated normal or

perverted sexual act, or a lewd exhibition of the genitals or

post-pubescent female breast; and

(C) taken as a whole, lacks serious literary, artistic,

political, or scientific value for minors.

(7) Minor

The term "minor" means any person under 17 years of age.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 231, as added Pub. L.

105-277, div. C, title XIV, Sec. 1403, Oct. 21, 1998, 112 Stat.

2681-736.)

-MISC1-

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1998, see section 1406

of Pub. L. 105-277, set out as a note under section 223 of this

title.

CONGRESSIONAL FINDINGS

Pub. L. 105-277, div. C, title XIV, Sec. 1402, Oct. 21, 1998, 112

Stat. 2681-736, provided that: "The Congress finds that -

"(1) while custody, care, and nurture of the child resides

first with the parent, the widespread availability of the

Internet presents opportunities for minors to access materials

through the World Wide Web in a manner that can frustrate

parental supervision or control;

"(2) the protection of the physical and psychological

well-being of minors by shielding them from materials that are

harmful to them is a compelling governmental interest;

"(3) to date, while the industry has developed innovative ways

to help parents and educators restrict material that is harmful

to minors through parental control protections and

self-regulation, such efforts have not provided a national

solution to the problem of minors accessing harmful material on

the World Wide Web;

"(4) a prohibition on the distribution of material harmful to

minors, combined with legitimate defenses, is currently the most

effective and least restrictive means by which to satisfy the

compelling government interest; and

"(5) notwithstanding the existence of protections that limit

the distribution over the World Wide Web of material that is

harmful to minors, parents, educators, and industry must continue

efforts to find ways to protect children from being exposed to

harmful material found on the Internet."

STUDY BY COMMISSION ON ONLINE CHILD PROTECTION

Pub. L. 105-277, div. C, title XIV, Sec. 1405, Oct. 21, 1998, 112

Stat. 2681-739, as amended by Pub. L. 106-113, div. B, Sec.

1000(a)(9) [title V, Sec. 5001(b)-(f), Nov. 29, 1999, 113 Stat.

1536, 1501A-591, 1501-592; Pub. L. 106-229, title IV, Sec. 401,

June 30, 2000, 114 Stat. 476, provided that:

"(a) Establishment. - There is hereby established a temporary

Commission to be known as the Commission on Online Child Protection

(in this section referred to as the 'Commission') for the purpose

of conducting a study under this section regarding methods to help

reduce access by minors to material that is harmful to minors on

the Internet.

"(b) Membership. - The Commission shall be composed of 19

members, as follows:

"(1) Industry members. - The Commission shall include 16

members who shall consist of representatives of -

"(A) providers of Internet filtering or blocking services or

software;

"(B) Internet access services;

"(C) labeling or ratings services;

"(D) Internet portal or search services;

"(E) domain name registration services;

"(F) academic experts; and

"(G) providers that make content available over the Internet.

Of the members of the Commission by reason of this paragraph, an

equal number shall be appointed by the Speaker of the House of

Representatives and by the Majority Leader of the Senate. Members

of the Commission appointed on or before October 31, 1999, shall

remain members.

"(2) Ex officio members. - The Commission shall include the

following officials:

"(A) The Assistant Secretary (or the Assistant Secretary's

designee).

"(B) The Attorney General (or the Attorney General's

designee).

"(C) The Chairman of the Federal Trade Commission (or the

Chairman's designee).

"(3) Prohibition of pay. - Members of the Commission shall not

receive any pay by reason of their membership on the Commission.

"(c) First Meeting. - The Commission shall hold its first meeting

not later than March 31, 2000.

"(d) Chairperson. - The chairperson of the Commission shall be

elected by a vote of a majority of the members, which shall take

place not later than 30 days after the first meeting of the

Commission.

"(e) Study. -

"(1) In general. - The Commission shall conduct a study to

identify technological or other methods that -

"(A) will help reduce access by minors to material that is

harmful to minors on the Internet; and

"(B) may meet the requirements for use as affirmative

defenses for purposes of section 231(c) of the Communications

Act of 1934 [47 U.S.C. 231(c)] (as added by this title).

"Any methods so identified shall be used as the basis for

making legislative recommendations to the Congress under

subsection (d)(3).

"(2) Specific methods. - In carrying out the study, the

Commission shall identify and analyze various technological tools

and methods for protecting minors from material that is harmful

to minors, which shall include (without limitation) -

"(A) a common resource for parents to use to help protect

minors (such as a 'one-click-away' resource);

"(B) filtering or blocking software or services;

"(C) labeling or rating systems;

"(D) age verification systems;

"(E) the establishment of a domain name for posting of any

material that is harmful to minors; and

"(F) any other existing or proposed technologies or methods

for reducing access by minors to such material.

"(3) Analysis. - In analyzing technologies and other methods

identified pursuant to paragraph (2), the Commission shall

examine -

"(A) the cost of such technologies and methods;

"(B) the effects of such technologies and methods on law

enforcement entities;

"(C) the effects of such technologies and methods on privacy;

"(D) the extent to which material that is harmful to minors

is globally distributed and the effect of such technologies and

methods on such distribution;

"(E) the accessibility of such technologies and methods to

parents; and

"(F) such other factors and issues as the Commission

considers relevant and appropriate.

"(f) Report. - Not later than 2 years after the enactment of this

Act [Oct. 21, 1998], the Commission shall submit a report to the

Congress containing the results of the study under this section,

which shall include -

"(1) a description of the technologies and methods identified

by the study and the results of the analysis of each such

technology and method;

"(2) the conclusions and recommendations of the Commission

regarding each such technology or method;

"(3) recommendations for legislative or administrative actions

to implement the conclusions of the committee; and

"(4) a description of the technologies or methods identified by

the study that may meet the requirements for use as affirmative

defenses for purposes of section 231(c) of the Communications Act

of 1934 [47 U.S.C. 231(c)] (as added by this title).

"(g) Rules of the Commission. -

"(1) Quorum. - Nine members of the Commission shall constitute

a quorum for conducting the business of the Commission.

"(2) Meetings. - Any meetings held by the Commission shall be

duly noticed at least 14 days in advance and shall be open to the

public.

"(3) Opportunities to testify. - The Commission shall provide

opportunities for representatives of the general public to

testify.

"(4) Additional rules. - The Commission may adopt other rules

as necessary to carry out this section.

"(h) Gifts, Bequests, and Devises. - The Commission may accept,

use, and dispose of gifts, bequests, or devises of services or

property, both real (including the use of office space) and

personal, for the purpose of aiding or facilitating the work of the

Commission. Gifts or grants not used at the termination of the

Commission shall be returned to the donor or grantee.

"(l)[i] Termination. - The Commission shall terminate 30 days

after the submission of the report under subsection (d) or November

30, 2000, whichever occurs earlier.

"(m)[j] Inapplicability of Federal Advisory Committee Act. - The

Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to

the Commission."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 230 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "section,".

-End-

-CITE-

47 USC Part II - Development of Competitive Markets 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

PART II - DEVELOPMENT OF COMPETITIVE MARKETS

-End-

-CITE-

47 USC Sec. 251 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

Sec. 251. Interconnection

-STATUTE-

(a) General duty of telecommunications carriers

Each telecommunications carrier has the duty -

(1) to interconnect directly or indirectly with the facilities

and equipment of other telecommunications carriers; and

(2) not to install network features, functions, or capabilities

that do not comply with the guidelines and standards established

pursuant to section 255 or 256 of this title.

(b) Obligations of all local exchange carriers

Each local exchange carrier has the following duties:

(1) Resale

The duty not to prohibit, and not to impose unreasonable or

discriminatory conditions or limitations on, the resale of its

telecommunications services.

(2) Number portability

The duty to provide, to the extent technically feasible, number

portability in accordance with requirements prescribed by the

Commission.

(3) Dialing parity

The duty to provide dialing parity to competing providers of

telephone exchange service and telephone toll service, and the

duty to permit all such providers to have nondiscriminatory

access to telephone numbers, operator services, directory

assistance, and directory listing, with no unreasonable dialing

delays.

(4) Access to rights-of-way

The duty to afford access to the poles, ducts, conduits, and

rights-of-way of such carrier to competing providers of

telecommunications services on rates, terms, and conditions that

are consistent with section 224 of this title.

(5) Reciprocal compensation

The duty to establish reciprocal compensation arrangements for

the transport and termination of telecommunications.

(c) Additional obligations of incumbent local exchange carriers

In addition to the duties contained in subsection (b) of this

section, each incumbent local exchange carrier has the following

duties:

(1) Duty to negotiate

The duty to negotiate in good faith in accordance with section

252 of this title the particular terms and conditions of

agreements to fulfill the duties described in paragraphs (1)

through (5) of subsection (b) of this section and this

subsection. The requesting telecommunications carrier also has

the duty to negotiate in good faith the terms and conditions of

such agreements.

(2) Interconnection

The duty to provide, for the facilities and equipment of any

requesting telecommunications carrier, interconnection with the

local exchange carrier's network -

(A) for the transmission and routing of telephone exchange

service and exchange access;

(B) at any technically feasible point within the carrier's

network;

(C) that is at least equal in quality to that provided by the

local exchange carrier to itself or to any subsidiary,

affiliate, or any other party to which the carrier provides

interconnection; and

(D) on rates, terms, and conditions that are just,

reasonable, and nondiscriminatory, in accordance with the terms

and conditions of the agreement and the requirements of this

section and section 252 of this title.

(3) Unbundled access

The duty to provide, to any requesting telecommunications

carrier for the provision of a telecommunications service,

nondiscriminatory access to network elements on an unbundled

basis at any technically feasible point on rates, terms, and

conditions that are just, reasonable, and nondiscriminatory in

accordance with the terms and conditions of the agreement and the

requirements of this section and section 252 of this title. An

incumbent local exchange carrier shall provide such unbundled

network elements in a manner that allows requesting carriers to

combine such elements in order to provide such telecommunications

service.

(4) Resale

The duty -

(A) to offer for resale at wholesale rates any

telecommunications service that the carrier provides at retail

to subscribers who are not telecommunications carriers; and

(B) not to prohibit, and not to impose unreasonable or

discriminatory conditions or limitations on, the resale of such

telecommunications service, except that a State commission may,

consistent with regulations prescribed by the Commission under

this section, prohibit a reseller that obtains at wholesale

rates a telecommunications service that is available at retail

only to a category of subscribers from offering such service to

a different category of subscribers.

(5) Notice of changes

The duty to provide reasonable public notice of changes in the

information necessary for the transmission and routing of

services using that local exchange carrier's facilities or

networks, as well as of any other changes that would affect the

interoperability of those facilities and networks.

(6) Collocation

The duty to provide, on rates, terms, and conditions that are

just, reasonable, and nondiscriminatory, for physical collocation

of equipment necessary for interconnection or access to unbundled

network elements at the premises of the local exchange carrier,

except that the carrier may provide for virtual collocation if

the local exchange carrier demonstrates to the State commission

that physical collocation is not practical for technical reasons

or because of space limitations.

(d) Implementation

(1) In general

Within 6 months after February 8, 1996, the Commission shall

complete all actions necessary to establish regulations to

implement the requirements of this section.

(2) Access standards

In determining what network elements should be made available

for purposes of subsection (c)(3) of this section, the Commission

shall consider, at a minimum, whether -

(A) access to such network elements as are proprietary in

nature is necessary; and

(B) the failure to provide access to such network elements

would impair the ability of the telecommunications carrier

seeking access to provide the services that it seeks to offer.

(3) Preservation of State access regulations

In prescribing and enforcing regulations to implement the

requirements of this section, the Commission shall not preclude

the enforcement of any regulation, order, or policy of a State

commission that -

(A) establishes access and interconnection obligations of

local exchange carriers;

(B) is consistent with the requirements of this section; and

(C) does not substantially prevent implementation of the

requirements of this section and the purposes of this part.

(e) Numbering administration

(1) Commission authority and jurisdiction

The Commission shall create or designate one or more impartial

entities to administer telecommunications numbering and to make

such numbers available on an equitable basis. The Commission

shall have exclusive jurisdiction over those portions of the

North American Numbering Plan that pertain to the United States.

Nothing in this paragraph shall preclude the Commission from

delegating to State commissions or other entities all or any

portion of such jurisdiction.

(2) Costs

The cost of establishing telecommunications numbering

administration arrangements and number portability shall be borne

by all telecommunications carriers on a competitively neutral

basis as determined by the Commission.

(3) Universal emergency telephone number

The Commission and any agency or entity to which the Commission

has delegated authority under this subsection shall designate

9-1-1 as the universal emergency telephone number within the

United States for reporting an emergency to appropriate

authorities and requesting assistance. The designation shall

apply to both wireline and wireless telephone service. In making

the designation, the Commission (and any such agency or entity)

shall provide appropriate transition periods for areas in which

9-1-1 is not in use as an emergency telephone number on October

26, 1999.

(f) Exemptions, suspensions, and modifications

(1) Exemption for certain rural telephone companies

(A) Exemption

Subsection (c) of this section shall not apply to a rural

telephone company until (i) such company has received a bona

fide request for interconnection, services, or network

elements, and (ii) the State commission determines (under

subparagraph (B)) that such request is not unduly economically

burdensome, is technically feasible, and is consistent with

section 254 of this title (other than subsections (b)(7) and

(c)(1)(D) thereof).

(B) State termination of exemption and implementation schedule

The party making a bona fide request of a rural telephone

company for interconnection, services, or network elements

shall submit a notice of its request to the State commission.

The State commission shall conduct an inquiry for the purpose

of determining whether to terminate the exemption under

subparagraph (A). Within 120 days after the State commission

receives notice of the request, the State commission shall

terminate the exemption if the request is not unduly

economically burdensome, is technically feasible, and is

consistent with section 254 of this title (other than

subsections (b)(7) and (c)(1)(D) thereof). Upon termination of

the exemption, a State commission shall establish an

implementation schedule for compliance with the request that is

consistent in time and manner with Commission regulations.

(C) Limitation on exemption

The exemption provided by this paragraph shall not apply with

respect to a request under subsection (c) of this section from

a cable operator providing video programming, and seeking to

provide any telecommunications service, in the area in which

the rural telephone company provides video programming. The

limitation contained in this subparagraph shall not apply to a

rural telephone company that is providing video programming on

February 8, 1996.

(2) Suspensions and modifications for rural carriers

A local exchange carrier with fewer than 2 percent of the

Nation's subscriber lines installed in the aggregate nationwide

may petition a State commission for a suspension or modification

of the application of a requirement or requirements of subsection

(b) or (c) of this section to telephone exchange service

facilities specified in such petition. The State commission shall

grant such petition to the extent that, and for such duration as,

the State commission determines that such suspension or

modification -

(A) is necessary -

(i) to avoid a significant adverse economic impact on users

of telecommunications services generally;

(ii) to avoid imposing a requirement that is unduly

economically burdensome; or

(iii) to avoid imposing a requirement that is technically

infeasible; and

(B) is consistent with the public interest, convenience, and

necessity.

The State commission shall act upon any petition filed under this

paragraph within 180 days after receiving such petition. Pending

such action, the State commission may suspend enforcement of the

requirement or requirements to which the petition applies with

respect to the petitioning carrier or carriers.

(g) Continued enforcement of exchange access and interconnection

requirements

On and after February 8, 1996, each local exchange carrier, to

the extent that it provides wireline services, shall provide

exchange access, information access, and exchange services for such

access to interexchange carriers and information service providers

in accordance with the same equal access and nondiscriminatory

interconnection restrictions and obligations (including receipt of

compensation) that apply to such carrier on the date immediately

preceding February 8, 1996, under any court order, consent decree,

or regulation, order, or policy of the Commission, until such

restrictions and obligations are explicitly superseded by

regulations prescribed by the Commission after February 8, 1996.

During the period beginning on February 8, 1996, and until such

restrictions and obligations are so superseded, such restrictions

and obligations shall be enforceable in the same manner as

regulations of the Commission.

(h) "Incumbent local exchange carrier" defined

(1) Definition

For purposes of this section, the term "incumbent local

exchange carrier" means, with respect to an area, the local

exchange carrier that -

(A) on February 8, 1996, provided telephone exchange service

in such area; and

(B)(i) on February 8, 1996, was deemed to be a member of the

exchange carrier association pursuant to section 69.601(b) of

the Commission's regulations (47 C.F.R. 69.601(b)); or

(ii) is a person or entity that, on or after February 8,

1996, became a successor or assign of a member described in

clause (i).

(2) Treatment of comparable carriers as incumbents

The Commission may, by rule, provide for the treatment of a

local exchange carrier (or class or category thereof) as an

incumbent local exchange carrier for purposes of this section if

-

(A) such carrier occupies a position in the market for

telephone exchange service within an area that is comparable to

the position occupied by a carrier described in paragraph (1);

(B) such carrier has substantially replaced an incumbent

local exchange carrier described in paragraph (1); and

(C) such treatment is consistent with the public interest,

convenience, and necessity and the purposes of this section.

(i) Savings provision

Nothing in this section shall be construed to limit or otherwise

affect the Commission's authority under section 201 of this title.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 251, as added Pub. L.

104-104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 61; amended

Pub. L. 106-81, Sec. 3(a), Oct. 26, 1999, 113 Stat. 1287.)

-MISC1-

AMENDMENTS

1999 - Subsec. (e)(3). Pub. L. 106-81 added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 160, 224, 252, 253, 259,

260, 271, 272, 275 of this title.

-End-

-CITE-

47 USC Sec. 252 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

Sec. 252. Procedures for negotiation, arbitration, and approval of

agreements

-STATUTE-

(a) Agreements arrived at through negotiation

(1) Voluntary negotiations

Upon receiving a request for interconnection, services, or

network elements pursuant to section 251 of this title, an

incumbent local exchange carrier may negotiate and enter into a

binding agreement with the requesting telecommunications carrier

or carriers without regard to the standards set forth in

subsections (b) and (c) of section 251 of this title. The

agreement shall include a detailed schedule of itemized charges

for interconnection and each service or network element included

in the agreement. The agreement, including any interconnection

agreement negotiated before February 8, 1996, shall be submitted

to the State commission under subsection (e) of this section.

(2) Mediation

Any party negotiating an agreement under this section may, at

any point in the negotiation, ask a State commission to

participate in the negotiation and to mediate any differences

arising in the course of the negotiation.

(b) Agreements arrived at through compulsory arbitration

(1) Arbitration

During the period from the 135th to the 160th day (inclusive)

after the date on which an incumbent local exchange carrier

receives a request for negotiation under this section, the

carrier or any other party to the negotiation may petition a

State commission to arbitrate any open issues.

(2) Duty of petitioner

(A) A party that petitions a State commission under paragraph

(1) shall, at the same time as it submits the petition, provide

the State commission all relevant documentation concerning -

(i) the unresolved issues;

(ii) the position of each of the parties with respect to

those issues; and

(iii) any other issue discussed and resolved by the parties.

(B) A party petitioning a State commission under paragraph (1)

shall provide a copy of the petition and any documentation to the

other party or parties not later than the day on which the State

commission receives the petition.

(3) Opportunity to respond

A non-petitioning party to a negotiation under this section may

respond to the other party's petition and provide such additional

information as it wishes within 25 days after the State

commission receives the petition.

(4) Action by State commission

(A) The State commission shall limit its consideration of any

petition under paragraph (1) (and any response thereto) to the

issues set forth in the petition and in the response, if any,

filed under paragraph (3).

(B) The State commission may require the petitioning party and

the responding party to provide such information as may be

necessary for the State commission to reach a decision on the

unresolved issues. If any party refuses or fails unreasonably to

respond on a timely basis to any reasonable request from the

State commission, then the State commission may proceed on the

basis of the best information available to it from whatever

source derived.

(C) The State commission shall resolve each issue set forth in

the petition and the response, if any, by imposing appropriate

conditions as required to implement subsection (c) of this

section upon the parties to the agreement, and shall conclude the

resolution of any unresolved issues not later than 9 months after

the date on which the local exchange carrier received the request

under this section.

(5) Refusal to negotiate

The refusal of any other party to the negotiation to

participate further in the negotiations, to cooperate with the

State commission in carrying out its function as an arbitrator,

or to continue to negotiate in good faith in the presence, or

with the assistance, of the State commission shall be considered

a failure to negotiate in good faith.

(c) Standards for arbitration

In resolving by arbitration under subsection (b) of this section

any open issues and imposing conditions upon the parties to the

agreement, a State commission shall -

(1) ensure that such resolution and conditions meet the

requirements of section 251 of this title, including the

regulations prescribed by the Commission pursuant to section 251

of this title;

(2) establish any rates for interconnection, services, or

network elements according to subsection (d) of this section; and

(3) provide a schedule for implementation of the terms and

conditions by the parties to the agreement.

(d) Pricing standards

(1) Interconnection and network element charges

Determinations by a State commission of the just and reasonable

rate for the interconnection of facilities and equipment for

purposes of subsection (c)(2) of section 251 of this title, and

the just and reasonable rate for network elements for purposes of

subsection (c)(3) of such section -

(A) shall be -

(i) based on the cost (determined without reference to a

rate-of-return or other rate-based proceeding) of providing

the interconnection or network element (whichever is

applicable), and

(ii) nondiscriminatory, and

(B) may include a reasonable profit.

(2) Charges for transport and termination of traffic

(A) In general

For the purposes of compliance by an incumbent local exchange

carrier with section 251(b)(5) of this title, a State

commission shall not consider the terms and conditions for

reciprocal compensation to be just and reasonable unless -

(i) such terms and conditions provide for the mutual and

reciprocal recovery by each carrier of costs associated with

the transport and termination on each carrier's network

facilities of calls that originate on the network facilities

of the other carrier; and

(ii) such terms and conditions determine such costs on the

basis of a reasonable approximation of the additional costs

of terminating such calls.

(B) Rules of construction

This paragraph shall not be construed -

(i) to preclude arrangements that afford the mutual

recovery of costs through the offsetting of reciprocal

obligations, including arrangements that waive mutual

recovery (such as bill-and-keep arrangements); or

(ii) to authorize the Commission or any State commission to

engage in any rate regulation proceeding to establish with

particularity the additional costs of transporting or

terminating calls, or to require carriers to maintain records

with respect to the additional costs of such calls.

(3) Wholesale prices for telecommunications services

For the purposes of section 251(c)(4) of this title, a State

commission shall determine wholesale rates on the basis of retail

rates charged to subscribers for the telecommunications service

requested, excluding the portion thereof attributable to any

marketing, billing, collection, and other costs that will be

avoided by the local exchange carrier.

(e) Approval by State commission

(1) Approval required

Any interconnection agreement adopted by negotiation or

arbitration shall be submitted for approval to the State

commission. A State commission to which an agreement is submitted

shall approve or reject the agreement, with written findings as

to any deficiencies.

(2) Grounds for rejection

The State commission may only reject -

(A) an agreement (or any portion thereof) adopted by

negotiation under subsection (a) of this section if it finds

that -

(i) the agreement (or portion thereof) discriminates

against a telecommunications carrier not a party to the

agreement; or

(ii) the implementation of such agreement or portion is not

consistent with the public interest, convenience, and

necessity; or

(B) an agreement (or any portion thereof) adopted by

arbitration under subsection (b) of this section if it finds

that the agreement does not meet the requirements of section

251 of this title, including the regulations prescribed by the

Commission pursuant to section 251 of this title, or the

standards set forth in subsection (d) of this section.

(3) Preservation of authority

Notwithstanding paragraph (2), but subject to section 253 of

this title, nothing in this section shall prohibit a State

commission from establishing or enforcing other requirements of

State law in its review of an agreement, including requiring

compliance with intrastate telecommunications service quality

standards or requirements.

(4) Schedule for decision

If the State commission does not act to approve or reject the

agreement within 90 days after submission by the parties of an

agreement adopted by negotiation under subsection (a) of this

section, or within 30 days after submission by the parties of an

agreement adopted by arbitration under subsection (b) of this

section, the agreement shall be deemed approved. No State court

shall have jurisdiction to review the action of a State

commission in approving or rejecting an agreement under this

section.

(5) Commission to act if State will not act

If a State commission fails to act to carry out its

responsibility under this section in any proceeding or other

matter under this section, then the Commission shall issue an

order preempting the State commission's jurisdiction of that

proceeding or matter within 90 days after being notified (or

taking notice) of such failure, and shall assume the

responsibility of the State commission under this section with

respect to the proceeding or matter and act for the State

commission.

(6) Review of State commission actions

In a case in which a State fails to act as described in

paragraph (5), the proceeding by the Commission under such

paragraph and any judicial review of the Commission's actions

shall be the exclusive remedies for a State commission's failure

to act. In any case in which a State commission makes a

determination under this section, any party aggrieved by such

determination may bring an action in an appropriate Federal

district court to determine whether the agreement or statement

meets the requirements of section 251 of this title and this

section.

(f) Statements of generally available terms

(1) In general

A Bell operating company may prepare and file with a State

commission a statement of the terms and conditions that such

company generally offers within that State to comply with the

requirements of section 251 of this title and the regulations

thereunder and the standards applicable under this section.

(2) State commission review

A State commission may not approve such statement unless such

statement complies with subsection (d) of this section and

section 251 of this title and the regulations thereunder. Except

as provided in section 253 of this title, nothing in this section

shall prohibit a State commission from establishing or enforcing

other requirements of State law in its review of such statement,

including requiring compliance with intrastate telecommunications

service quality standards or requirements.

(3) Schedule for review

The State commission to which a statement is submitted shall,

not later than 60 days after the date of such submission -

(A) complete the review of such statement under paragraph (2)

(including any reconsideration thereof), unless the submitting

carrier agrees to an extension of the period for such review;

or

(B) permit such statement to take effect.

(4) Authority to continue review

Paragraph (3) shall not preclude the State commission from

continuing to review a statement that has been permitted to take

effect under subparagraph (B) of such paragraph or from approving

or disapproving such statement under paragraph (2).

(5) Duty to negotiate not affected

The submission or approval of a statement under this subsection

shall not relieve a Bell operating company of its duty to

negotiate the terms and conditions of an agreement under section

251 of this title.

(g) Consolidation of State proceedings

Where not inconsistent with the requirements of this chapter, a

State commission may, to the extent practical, consolidate

proceedings under sections 214(e), 251(f), 253 of this title, and

this section in order to reduce administrative burdens on

telecommunications carriers, other parties to the proceedings, and

the State commission in carrying out its responsibilities under

this chapter.

(h) Filing required

A State commission shall make a copy of each agreement approved

under subsection (e) of this section and each statement approved

under subsection (f) of this section available for public

inspection and copying within 10 days after the agreement or

statement is approved. The State commission may charge a reasonable

and nondiscriminatory fee to the parties to the agreement or to the

party filing the statement to cover the costs of approving and

filing such agreement or statement.

(i) Availability to other telecommunications carriers

A local exchange carrier shall make available any

interconnection, service, or network element provided under an

agreement approved under this section to which it is a party to any

other requesting telecommunications carrier upon the same terms and

conditions as those provided in the agreement.

(j) "Incumbent local exchange carrier" defined

For purposes of this section, the term "incumbent local exchange

carrier" has the meaning provided in section 251(h) of this title.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 252, as added Pub. L.

104-104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 66.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 271 of this title.

-End-

-CITE-

47 USC Sec. 253 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

Sec. 253. Removal of barriers to entry

-STATUTE-

(a) In general

No State or local statute or regulation, or other State or local

legal requirement, may prohibit or have the effect of prohibiting

the ability of any entity to provide any interstate or intrastate

telecommunications service.

(b) State regulatory authority

Nothing in this section shall affect the ability of a State to

impose, on a competitively neutral basis and consistent with

section 254 of this title, requirements necessary to preserve and

advance universal service, protect the public safety and welfare,

ensure the continued quality of telecommunications services, and

safeguard the rights of consumers.

(c) State and local government authority

Nothing in this section affects the authority of a State or local

government to manage the public rights-of-way or to require fair

and reasonable compensation from telecommunications providers, on a

competitively neutral and nondiscriminatory basis, for use of

public rights-of-way on a nondiscriminatory basis, if the

compensation required is publicly disclosed by such government.

(d) Preemption

If, after notice and an opportunity for public comment, the

Commission determines that a State or local government has

permitted or imposed any statute, regulation, or legal requirement

that violates subsection (a) or (b) of this section, the Commission

shall preempt the enforcement of such statute, regulation, or legal

requirement to the extent necessary to correct such violation or

inconsistency.

(e) Commercial mobile service providers

Nothing in this section shall affect the application of section

332(c)(3) of this title to commercial mobile service providers.

(f) Rural markets

It shall not be a violation of this section for a State to

require a telecommunications carrier that seeks to provide

telephone exchange service or exchange access in a service area

served by a rural telephone company to meet the requirements in

section 214(e)(1) of this title for designation as an eligible

telecommunications carrier for that area before being permitted to

provide such service. This subsection shall not apply -

(1) to a service area served by a rural telephone company that

has obtained an exemption, suspension, or modification of section

251(c)(4) of this title that effectively prevents a competitor

from meeting the requirements of section 214(e)(1) of this title;

and

(2) to a provider of commercial mobile services.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 253, as added Pub. L.

104-104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 70.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 252 of this title.

-End-