Petitions for LATA Association Changes by Independent Telephone Companies
Petitions for LATA Association Changes by Independent Telephone Companies
0786_47USC153_103106
Petitions for LATA Association Changes by Independent Telephone Companies
OMB: 3060-0786
47
U.S.C.A. § 153
United States Code Annotated
Currentness
Title 47. Telegraphs, Telephones, and Radiotelegraphs
Chapter
5. Wire or Radio Communication (Refs
& Annos)
Subchapter
I. General Provisions (Refs
& Annos)
§
153. Definitions
For the purposes of this chapter, unless the context
otherwise requires--
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.
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.
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.
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, US 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).
The term "broadcast station", "broadcasting station", or "radio broadcast station" means a radio station equipped to engage in broadcasting as herein defined.
The term "broadcasting" means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.
The term "cable service" has the meaning given such term in section 522 of this title.
The term "cable system" has the meaning given such term in section 522 of this title.
The term "chain broadcasting" means simultaneous broadcasting of an identical program by two or more connected stations.
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.
The term "connecting carrier" means a carrier described in clauses (2), (3), or (4) of section 152(b) of this title.
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.
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.
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).
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.
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.
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.
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.
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.
The term "interLATA service" means telecommunications between a point located in a local access and transport area and a point located outside such area.
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.
The term "land station" means a station, other than a mobile station, used for radio communication with mobile stations.
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.
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.
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.
The term "mobile station" means a radio-communication station capable of being moved and which ordinarily does move.
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.
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.
(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.
The term "person" includes an individual, partnership, association, joint-stock company, trust, or corporation.
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.
(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.
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.
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.
The term "safety convention" means the International Convention for the Safety of Life at Sea in force and the regulations referred to therein.
(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.
The term "State" includes the District of Columbia and the Territories and possessions.
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.
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.
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.
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.
(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.
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.
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.
CREDIT(S)
(June 19, 1934, c. 652, Title I, §
3, 48 Stat. 1065; May 20, 1937, c. 229, § 2, 50 Stat. 189; 1946
Proc. No. 2695, eff. July 4, 1946, 11
F.R. 7517, 60 Stat. 1352; July 16, 1952, c. 879, §
2, 66 Stat. 711; Apr. 27, 1954, c. 175, §§ 2, 3, 68 Stat.
64; Aug. 13, 1954, c. 729, § 3, 68 Stat. 707; Aug. 13, 1954, c.
735, § 1, 68 Stat. 729; Aug. 6, 1956, c. 973, § 3, 70 Stat.
1049; Aug. 13, 1965, Pub.L. 89-121, § 1, 79 Stat. 511; May 3,
1968, Pub.L. 90- 299, § 2, 82 Stat. 112; Sept. 13, 1982, Pub.L.
97-259, Title I, § 120(b), 96 Stat. 1097; Aug.
10, 1993, Pub.L.
103-66, Title VI, § 6002(b)(2)(B)(ii), 107 Stat.
396; Feb. 8, 1996, Pub.L.
104-104, § 3(a), (c), 110 Stat. 58, 61; Aug. 5,
1997, Pub.L.
105-33, Title III, § 3001(b), 111 Stat.
258.)
HISTORICAL AND STATUTORY NOTES
Revision
Notes and Legislative Reports
1952 Acts. House Report No.
1750, see 1952 U.S. Code Cong. and Adm. News, p. 2234.
1954
Acts. Senate Report No. 1090, see 1954 U.S. Code Cong. and Adm. News,
p. 2133.
House Report No. 2285, see 1954 U.S. Code Cong.
and Adm. News, p. 3018.
House Report No. 2284, see 1954
U.S. Code Cong. and Adm. News, p. 3041.
1956 Acts. Senate
Report No. 2792, see 1956 U.S. Code Cong. and Adm. News, p.
4385.
1965 Acts. Senate Report No. 526, see 1965 U.S. Code
Cong. and Adm. News, p. 2720.
1968 Acts. House Report No.
1109, see 1968 U.S. Code Cong. and Adm. News, p. 1915.
1982
Acts. Senate
Report Nos. 97-191, 97-404,
and House
Conference Report No. 97-765, see 1982 U.S. Code Cong.
and Adm. News, p. 2237.
1993 Acts. House
Report No. 103-111 and House
Conference Report No. 103- 213, see 1993 U.S. Code
Cong. and Adm. News, p. 378.
1996 Acts. House
Report No. 104-204 and House
Conference Report No. 104- 458, see 1996 U.S. Code
Cong. and Adm. News, p. 10.
1997 Acts. House
Report No. 105-149, House
Conference Report No. 105-217, and Statement by
President, see 1997 U.S. Code Cong. and Adm. News, p.
176.
References in Text
This chapter, referred
to in text, was in the original "this Act", meaning Act
June 19, 1934, c. 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.
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), is
classified to section 381 et seq. of this
title.
Codifications
References to Philippine
Islands in pars. (22) and (50) of this section were omitted on
authority of 1946 Proc. No. 2695, issued pursuant to section 1394 of
Title 22, Foreign Relations and Intercourse, which proclamation
recognized the independence of the Philippine Islands as of July 4,
1946. 1946 Proc. No. 2695 is set out as a note under section 1394 of
Title 22.
In par. (34)(A), "chapter 71 of Title 46"
was substituted for "the Act of May 12, 1948 (46 U.S.C. 229a-h)"
on authority of Pub.L.
98-89, § 2(b), Aug. 26, 1983, 97 Stat. 598,
section 1 of which enacted Title 46, Shipping.
Amendments
1997
Amendments. Pub.L.
105-33, § 3001(b), redesignated former pars. (49)
to (51) as pars. (50) to (52), and inserted par. (49), "Television
Service".
1996 Amendments. Pub.L.
104-104, § 3(a), (c), amended section generally.
Prior to amendment, section read as follows: "For the purposes
of this chapter, unless the context otherwise requires--
"(a)
'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.
"(b) '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.
"(c)
'Licensee' means the holder of a radio station license granted or
continued in force under authority of this chapter.
"(d)
'Transmission of energy by radio' or 'radio transmission of energy'
includes both such transmission and all instrumentalities,
facilities, and services incidental to such transmission.
"(e)
'Interstate communication' or 'interstate transmission' means
communication or transmission (1) 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, (2) 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 (3) 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.
"(f)
'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.
"(g)
'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.
"(h) 'Common
carrier' or 'carrier' means any person engaged as a common carrier
for hire, in interstate or foreign communication by wire or radio or
in 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.
"(i)
'Person' includes an individual, partnership, association,
joint-stock company, trust, or corporation.
"(j)
'Corporation' includes any corporation, joint-stock company, or
association.
"(k) 'Radio station' or 'station'
means a station equipped to engage in radio communication or radio
transmission of energy.
"(l) 'Mobile station'
means a radio-communication station capable of being moved and which
ordinarily does move.
"(m) 'Land station'
means a station, other than a mobile station, used for radio
communication with mobile stations.
"(n)
'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 (1) both
one-way and two-way radio communication services, (2) 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 (3) 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.
"(o)
'Broadcasting' means the dissemination of radio communications
intended to be received by the public, directly or by the
intermediary of relay stations.
"(p) 'Chain
broadcasting' means simultaneous broadcasting of an identical program
by two or more connected stations.
"(q)
'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.
"(r) 'Telephone
exchange service' means 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.
"(s)
'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.
"(t) '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.
"(u)
'Connecting carrier' means a carrier described in clauses (2), (3),
or (4) of section 152(b) of this title.
"(v)
'State' includes the District of Columbia and the Territories and
possessions.
"(w)(1) '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.
"(2) A ship shall be considered a
passenger ship if it carries or is licensed or certificated to carry
more than twelve passengers.
"(3) A cargo ship
means any ship not a passenger ship.
"(4) 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.
"(5) 'Nuclear
ship' means a ship provided with a nuclear powerplant.
"(x)
'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.
"(y)(1) '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.
"(2) '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.
"(z)(1)
'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.
"(2)
'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.
"(aa)
'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.
"(bb)
'Safety convention' means the International Convention for the Safety
of Life at Sea in force and the regulations referred to
therein.
"(cc) '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.
"(dd) 'Broadcast station',
'broadcasting station', or 'radio broadcast station' means a radio
station equipped to engage in broadcasting as herein defined.
"(ee)
'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.
"(ff) '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.
"(gg) Repealed. Pub.L.
103-66, Title VI, § 6002(b)(2)(B)(ii)(II), Aug.
10, 1993, 107 Stat. 396"
1993 Amendments. Subsec.
(n). Pub.L.
103-66, § 6002(b)(2)(B)(ii)(I), designated
portion of existing text as par. (1) and added pars. (2) and
(3).
Subsec. (gg). Pub.L.
103-66, § 6002(b)(2)(B)(ii)(II), struck out
subsec. (gg), which defined "private land mobile service".
1982
Amendments. Subsec. (n). Pub.L.
97-259, § 120(b)(2), added "or receivers"
following "between mobile stations", and added provision
that "mobile service" includes both one-way and two-way
radio communication services.
Subsec. (gg). Pub.L.
97-259, § 120(b)(1), added subsec. (gg).
1968
Amendments. Subsec. (e). Pub.L. 90-299 inserted "(other than
section 223 of this title)" following "subchapter II of
this chapter".
1965 Amendments. Subsec. (w). Pub.L.
89-121, § 1(1), added par. (5).
Subsec. (x). Pub.L.
89-121, § 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 instances, 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, § 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, § 1(4)(D),
(E), added subsec. (z) and redesignated former subsec. (z) as
(aa).
Subsec. (aa). Pub.L. 89-121, § 1(4)(A), (D),
redesignated former subsec. (z) as (aa) and former subsec. (aa) as
(bb).
Subsecs. (bb) to (dd). Pub.L. 89-121, §
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, § 1(4)(A), (B), redesignated former subsec. (dd) as
(ee), and repealed former subsec. (ee) which defined "existing
installation."
Subsec. (ff). Pub.L. 89-121, §
1(4)(B), (C), redesignated former subsec. (gg) as (ff) and repealed
former subsec. (ff) which defined "new installation".
Subsec.
(gg). Pub.L. 89-121, § 1(4)(C), redesignated former subsec. (gg)
as (ff).
1956 Amendments. 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 Amendments. Subsec. (e). Act Apr. 27,
1954, § 2, obviated any possible construction that the
Commission was 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
constituted an interstate communication rested on the fact that the
signal might traverse the territory of another State.
Subsec.
(u). Act Apr. 27, 1954, § 3, inserted reference to clauses (3)
and (4) of section 152(b) of this title.
Subsecs. (ee),
(ff). Act Aug. 13, 1954, c. 729 added subsecs. (ee) and
(ff).
Subsec. (gg), "Great Lakes Agreement". Act
Aug. 13, 1954, c. 735, added another subsec. (ee) which for purposes
of codification was designated subsec. (gg).
1952
Amendments. Subsecs. (bb) to (dd). Act July 16, 1952 added subsecs.
(bb) to (dd).
1937 Amendments. Subsecs. (w) to (aa). Act
May 20, 1937 added subsecs. (w) to (aa).
Effective and
Applicability Provisions
1956 Acts. 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.
1954 Acts. Amendment by Act Aug. 13, 1954, c. 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.
1952
Acts. 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 3(b) of Pub.L 104-104
provided that: "Except as otherwise provided in this Act
[Telecommunications Act of 1996, Pub.L.
104-104, Feb. 8, 1996, 110 Stat. 56, see Short Title
of 1996 Amendments 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 [this section]."
Section 3001(a) of Pub.L.
105-33 provided that: "Except as otherwise
provided in this title [amending sections 153, 303,
309,
923,
924,
and 925
of this title, enacting section 337 of this title, and enacting
provisions set out as notes under sections
254, 309
and 925
of this title and under this section], 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 [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.
CROSS
REFERENCES
Charges or services, see 47 USCA § 202.
"Communication common carrier" to have same meaning given "common carrier" by subsec. (h) of this section, see 18 USCA § 2510.
Contest for purposes of provisions relating to prohibited practices in contests of knowledge, skill, or chance, see 47 USCA § 509.
Corporation deemed common carrier as defined in subsec. (h) of this section, see 47 USCA § 741.
Employee as used in provisions relating to franks and passes, see 47 USCA § 210.
Line, see 47 USCA § 214.
Listening or viewing public for purposes of provisions relating to prohibited practices in contests of knowledge, skill, or chance, see 47 USCA § 509.
Overcharges as used in limitations of action provisions, see 47 USCA § 415.
Rural telephone service defined not to mean radio broadcasting services or facilities within meaning of subsec. (o) of this section, see 7 USCA § 924.
"Securities information processor" not to include common carrier as defined in subsec. (h) of this section, subject to jurisdiction of Federal Communications Commission or a State commission as defined in subsec. (t) of this section, see 15 USCA § 78c.
Service or other valuable consideration as used in provisions relating to disclosure of payments to individuals connected with broadcasts, see 47 USCA § 508.
"State" to have meaning given in subsec. (v) of this section, see 47 USCA §§ 541, 556, 557.
CODE
OF FEDERAL REGULATIONS
Amateur radio services, see 47 CFR § 97.1 et seq.
Aviation services, see 47 CFR § 87.1 et seq.
Cable television relay services, see 47 CFR § 78.1 et seq.
Cable television services, see 47 CFR § 76.1 et seq.
Commission organization, see 47 CFR § 0.1 et seq.
Extension of lines and discontinuance of services by carriers, see 47 CFR § 63.01 et seq.
Miscellaneous rules relating to common carriers, see 47 CFR § 64.1 et seq.
Radio broadcast services, see 47 CFR § 73.1 et seq.
Cable modem service and the First Amendment: adventures in a "doctrinal wasteland".
Cybersex and community standards. 75 B.U.L.Rev. 865 (1995).
On the sixtieth anniversary of the Communications Act of 1934. Joel Rosenbloom, 47 Fed.Comm.L.J. 365 (1994).
LIBRARY REFERENCES
Corpus Juris Secundum
CJS Telecommunications § 6, Matters Subject to Regulation.
CJS Telecommunications § 7, Who Are Common Carriers.
CJS Telecommunications § 17, Regulation in General.
CJS Telecommunications § 147, In General.
CJS Telecommunications § 149, Chain Broadcasting; Networks.
CJS Telecommunications § 175, In General.
CJS Telecommunications § 219, Mobile Communications.
RESEARCH REFERENCES
Encyclopedias
Am.
Jur. 2d Monopolies, Restraints of Trade, etc. § 261,
Carriers' Interlocking Directorates.
Am.
Jur. 2d New Topic Serv., ADA: Analysis & Implic. § 822,
Services Common Carriers Must Provide.
Am.
Jur. 2d NTS, Computers and the Internet § 1,
Generally; Access to Government Information Online; Government
Websites.
Am.
Jur. 2d Telecommunications § 4, As Common
Carriers.
Am.
Jur. 2d Telecommunications § 12, Generally.
Am.
Jur. 2d Telecommunications § 27, Special
Provisions Concerning Bell Operating Companies.
Am.
Jur. 2d Telecommunications § 129,
Definitions.
Forms
Federal
Procedural Forms § 62:341, Petition -- for
Suspension of Tariff on Ground of Interference With Business of
Competitor -- Prohibited Attachment of Competitor's Equipment [47
U.S.C.A. § 204(A); 47
C.F.R. § 1.773(a)].
Federal
Procedural Forms § 62:349, Answer -- to Formal
Complaint Against Carrier [47
U.S.C.A. § 208; 47
C.F.R. § 1.724].
Federal
Procedural Forms § 62:391, Complaint -- for
Injunction and Damages for Unauthorized Use of Radio Broadcast -- by
Radio Licensee [28
U.S.C.A. § 1337; 47
U.S.C.A. § 605; Fed
R Civ P Rules 8(A), 65].
Nichols
Cyclopedia of Legal Forms Annotated § 7:3804,
Research Checklist.
1A
West's Federal Forms § 323, Application for
Stay-Federal Court Civil Case.
Am.
Jur. Pl. & Pr. Forms Telecommunications § 68,
Complaint in Federal Court -- by Radio Licensee -- for Injunction and
Damages -- Unauthorized Use of Broadcast.
Am.
Jur. Pl. & Pr. Forms Telecommunications § 84,
Answer -- to Complaint Against Carrier.
Treatises and
Practice Aids
Callmann
on Unfair Compet., TMs, & Monopolies § 4:13,
Exemptions from the Antitrust Laws -- Radio and Television.
Federal
Procedure, Lawyers Edition § 72:273, Common
Carriers Defined.
Federal
Procedure, Lawyers Edition § 72:274, FCC
Jurisdiction Over Common Carriers.
NOTES OF
DECISIONS
Amateur station 1
Broadcasters, common carriers 4
Broadcasting 2
Cable television, common carriers 5
Common carriers 3-6
Common carriers - Generally 3
Common carriers - Broadcasters 4
Common carriers - Cable television 5
Common carriers - Miscellaneous common carriers 6
Foreign communication 7
Information service 8
Interstate communication 9
Interstate transmission 10
Miscellaneous common carriers 6
Mobile station 11
Network element 12
Number portability 12a
Radio communication 13
Ship or vessel 14
Tariffs 18
Telecommunications carriers 19
Telephone exchange service 15
Telephone toll service 16
Wire communication 17
1. Amateur station
Federal recognition that amateur radio plays an important
societal function is insufficient to preempt local zoning regulations
concerning height of radio antennas in residential areas. Guschke
v. City of Oklahoma City, C.A.10 (Okla.) 1985, 763 F.2d 379.
Zoning
And Planning
14
2. Broadcasting
FCC decision, that subscription television and direct broadcast
satellite services were not "broadcasting services" subject
to the Communications Act, was neither arbitrary nor capricious;
transmission and receipt techniques involved indicated that such
transmissions were intended to be received only by subscribers, and
not by general public. National
Ass'n For Better Broadcasting v. F.C.C., C.A.D.C.1988, 849 F.2d 665,
270 U.S.App.D.C. 334. Telecommunications
1234;
Telecommunications
1275;
Telecommunications
1276
Federal
Communications Commission failed to give adequate reasons either for
classifying commercial nonsubscription use of excess instructional
television fixed services capacity as nonbroadcasting or for
deferring examination of the issue; it was not responsibility of
viewers to complain of station's failure to comply with broadcast
regulations, but the FCC's to regulate broadcast services and to
decide how those services should be classified. Telecommunications
Research and Action Center v. F.C.C., C.A.D.C.1988, 836 F.2d 1349,
267 U.S.App.D.C. 1. Telecommunications
1132
Activity
that would provide nongeneral interest, point-to-point service, where
format is of interest to only narrow class of subscribers and does
not implicate broadcasting objectives of this chapter need not be
regulated as broadcasting. National
Ass'n of Broadcasters v. F.C.C., C.A.D.C.1984, 740 F.2d 1190, 239
U.S.App.D.C. 87. Telecommunications
1148
Where
FM radio station broadcasting music simultaneously furnished the same
music, with deletion of all advertising matter, to subscribers
typified by restaurants, schools, stores, etc., furnishing of music
to subscribers could not form basis for Commission determination that
station's activities were not broadcasting in nature, which
determination formed basis of Commission's rules restricting
operation of subscription music service, and fact of program
specializing and/or control was not necessarily determinative of
requisite intent and therefore dispositive of broadcasting status as
Commission had assumed. Functional
Music, Inc. v. F.C.C., C.A.D.C.1958, 274 F.2d 543, 107 U.S.App.D.C.
34, certiorari denied 80
S.Ct. 50, 361 U.S. 813, 4 L.Ed.2d 60.
Telecommunications
1154
Subscription
television transmission constituted broadcasting but were not for use
of general public within section
605 of this title exempting broadcast transmitted for
use of general public. U.
S. v. Westbrook, E.D.Mich.1980, 502 F.Supp. 588.
Telecommunications
1304
FM
multiplex radio transmissions of background music to subscribers do
not constitute "broadcasting" as that term is defined in
this section, and they are protected by this chapter and unauthorized
reception and use of such transmissions by one other than authorized
subscriber violates this chapter. KMLA
Broadcasting Corp. v. Twentieth Century Cigarette Vendors Corp.,
C.D.Cal.1967, 264 F.Supp. 35. Telecommunications
1438
Sales
and use tax "broadcasting" exemption applied only to
television broadcasting equipment and accessories thereto used
directly in act of disseminating signal into the air, not to
equipment and accessories used to create material which might be
disseminated. WTAR
Radio-TV Corp. v. Com., Va.1977, 234 S.E.2d 245, 217 Va. 877.
Taxation
3656
3. Common carriers--Generally
Cable broadband internet service was not a "cable service"
but instead was part "telecommunications service" and part
"information service" within meaning of Telecommunications
Act. Brand
X Internet Services v. F.C.C., C.A.9 2003, 345 F.3d 1120,
rehearing and suggestion for rehearing en banc denied, certiorari
granted 125
S.Ct. 654, 2004 WL 2070879, certiorari granted 125
S.Ct. 655, 2004 WL 2153536, certiorari denied 125
S.Ct. 664, 2004 WL 2245551. Telecommunications
455(1)
Mere
fact that local exchange carriers were common carriers with respect
to some forms of telecommunication, such as offering local telephone
service, did not relieve Federal Communications Commission (FCC) of
supporting its conclusion that local exchange carriers provided "dark
fiber" service on common carrier basis when they entered into
individually tailored service contracts to provide fiber optic lines
without necessary electronic equipment to power the fiber.
Southwestern
Bell Telephone Co. v. F.C.C., C.A.D.C.1994, 19 F.3d 1475, 305
U.S.App.D.C. 272. Telecommunications
898
Primary
sine qua non of common carrier status is a quasi-public character,
which arises out of the undertaking to carry for all people
indifferently; particular services offered need not be practically
available to the entire public and specialized carrier whose service
is of possible use to only a fraction of the population may
nonetheless be a common carrier if he holds himself out to serve
indifferently all potential users; it is not essential that there be
a statutory or other legal commandment to serve indiscriminately,
rather it is the practice of such indifferent service that confers
"common carrier" status. National
Ass'n of Regulatory Utility Com'rs v. F. C. C., C.A.D.C.1976, 533
F.2d 601, 174 U.S.App.D.C. 374. Carriers
4
For
purposes of Federal Communications Commission's (FCC) statutory
authority over carriers, term "carrier" includes both
long-distance telephone companies and telephone local exchange
carrier (LEC) monopolies. Total
Telecommunications Services, Inc. v. American Tel. and Tel. Co.,
D.D.C.1996, 919 F.Supp. 472, affirmed 99
F.3d 448, 321 U.S.App.D.C. 309. Telecommunications
753
Telephone
local exchange carriers' (LEC) alleged practice of providing
kickbacks to customers of portion of revenue carriers earned from
long-distance telephone companies for terminating access service did
not deprive carriers of their common carrier status so as to preclude
carriers from charging long-distance telephone company for local
access services according to carriers' tariffs; carriers were "common
carriers" based on facts admitted by company that carriers were
local telephone companies providing originating and terminating
access services for interexchange calls, that company used such
services, and that carriers billed company for access services.
Frontier
Communications of Mt. Pulaski, Inc. v. AT & T Corp.,
C.D.Ill.1997, 957 F.Supp. 170. Telecommunications
863
4. ---- Broadcasters, common carriers
Subsec. (h) of this section directing Commission not to treat
persons engaged in broadcasting as common carriers was intended to
preclude Commission discretion to compel broadcasters to act as
common carriers, even with respect to a portion of their total
services. F.
C. C. v. Midwest Video Corp., U.S.1979, 99 S.Ct. 1435, 440 U.S. 689,
59 L.Ed.2d 692. Telecommunications
1084
Radio
broadcasters and television broadcasters are not included in
definition of common carriers in this section, as are telephone and
telegraph companies, and thus the extensive controls, including rate
regulation, of §§ 201 to 222 of this title do not apply to
radio broadcasters and television broadcasters. U.
S. v. Radio Corp. of America, U.S.Pa.1959, 79 S.Ct. 457, 358 U.S.
334, 3 L.Ed.2d 354. Telecommunications
1084
The
chapter recognizes that radio broadcasters are not "common
carriers" and that the field of broadcasting is one of free
competition. F.C.C.
v. Sanders Bros. Radio Station, U.S.Dist.Col.1940, 60 S.Ct. 693, 309
U.S. 470, 309 U.S.
642, 84 L.Ed. 869, 84 L.Ed. 1037. Carriers
4;
Telecommunications
1084
"Common
carriers" referred to in Title of ADA that amends Communications
Act of 1934 to require closed captioning in certain types of
television announcements does not include television broadcasters.
Stoutenborough
v. National Football League, Inc., C.A.6 (Ohio) 1995, 59 F.3d 580,
certiorari denied 116
S.Ct. 674, 516 U.S. 1028, 133 L.Ed.2d 523. Civil
Rights
1021
A
radio broadcasting station was not a common carrier within §
1(1) of Title 49. Sorensen
v. Wood, Neb.1932, 243 N.W. 82, 123 Neb. 348, appeal
dismissed 54
S.Ct. 209, 290 U.S. 599, 78 L.Ed. 527.
5. ---- Cable television, common carriers
Federal Communications Commission's (FCC) ruling that cable
companies providing broadband Internet access did not provide
"telecommunications service" as Communications Act defined
that term, and thus were exempt from mandatory common-carrier
regulation under Title II, was permissible construction of Act under
Chevron; term "offer" as used in definition of
telecommunications service, was ambiguous, and FCC's construction was
reasonable policy choice. National
Cable & Telecommunications Ass'n v. Brand X Internet Services,
2005, 125 S.Ct. 2688, 162 L.Ed.2d 820.
Telecommunications
1324
Commission
rules requiring certain cable television systems to develop, at a
minimum, 20-channel capacity by 1986, to make available certain
channels for access by third parties, and to furnish equipment and
facilities for access purposes were not reasonably ancillary to
effective performance of Commission's various responsibilities for
regulation of television broadcasting and were not within
Commission's statutory authority under this chapter as Commission
could not regulate cable systems as common carriers. F.
C. C. v. Midwest Video Corp., U.S.1979, 99 S.Ct. 1435, 440 U.S. 689,
59 L.Ed.2d 692. Telecommunications
1230
6. ---- Miscellaneous common carriers
Federal Communications Commission's (FCC) ruling that cable
companies providing broadband Internet access did not provide
"telecommunications service" as Communications Act defined
that term, and thus were exempt from mandatory common-carrier
regulation under Title II, was not inconsistent with its prior ruling
requiring providers of Digital Subscriber Line (DSL) service to make
telephone lines used to transmit DSL service available to competing
Internet service providers (ISP) on nondiscriminatory, common-carrier
terms, and therefore, ruling was not arbitrary and capricious change
from agency practice under Administrative Procedure Act (APA); FCC
provided reasoned explanation for different treatment, that changed
market conditions warranted different treatment of facilities-based
cable companies providing Internet access. National
Cable & Telecommunications Ass'n v. Brand X Internet Services,
2005, 125 S.Ct. 2688, 162 L.Ed.2d 820.
Interactive
computer services provider was not common carrier, and thus did not
violate Communications Act when it allegedly made unreasonable
charges, classifications, or regulations, unreasonably prejudiced
some subscribers by favoring others, and failed to protect subscriber
privacy. Howard
v. America
Online Inc., C.A.9 (Cal.) 2000, 208 F.3d 741,
certiorari denied 121
S.Ct. 77, 531 U.S. 828, 148 L.Ed.2d 40.
Telecommunications
1340
In
concluding that submarine cable operator which did not sell its
capacity directly to the public was not a common carrier and granting
its application for cable landing rights as non-common carrier,
Federal Communications Commission (FCC) reasonably interpreted
ambiguous new terms in Telecommunications Act, "telecommunications
carrier" providing "telecommunications service," to
mean "essentially" the same thing as "common carrier."
Virgin
Islands Telephone Corp. v. F.C.C., C.A.D.C.1999, 198 F.3d 921, 339
U.S.App.D.C. 174. Telecommunications
1209
Partnership
which obtained Multichannel Multipoint Distribution Service (MMDS)
license was not a "common carrier," where partnership never
provided communications services, never held itself out as able to
provide service to the public as a common carrier, and was under no
regulatory compulsion to provide common carrier service, and
partnership thus did not violate Communications Act, or engage in
impermissible discrimination, by refusing request for common carrier
service. Eagleview Technologies, Inc. v. MDS Associates, C.A.11
(Fla.)
1999, 190 F.3d 1195. Telecommunications
1084
Sharing
of private line services as a nonprofit arrangement is not common
carriage and thus is not subject to regulation under this chapter.
American
Tel. & Tel. Co. v. F. C. C., C.A.2 1978, 572 F.2d 17,
certiorari denied 99
S.Ct. 213, 439 U.S. 875, 58 L.Ed.2d 190.
Telecommunications
1401
Internet
service provider was information services provider, not "common
carrier," and thus was not subject to anti-discrimination
provisions of Federal Communications Act. America
Online, Inc. v. GreatDeals.Net, E.D.Va.1999, 49 F.Supp.2d 851.
Telecommunications
1318
International
telecommunications company that provided voice, data, and video
transmission services, as a carrier of telephone messages on its
telecommunications network, was "common carrier" within
meaning of Communications Act. Sprint
Corp. v. Evans, M.D.Ala.1994, 846 F.Supp. 1497.
Telecommunications
736
Association
of local exchange carriers formed to file industry-wide access charge
tariffs on behalf of its membership with the Federal Communications
Commission (FCC) was not a "common carrier" within meaning
of Communications Act, precluding district court from exercising
subject matter jurisdiction in interexchange carrier's action
challenging tariff. Allnet
Communications Services, Inc. v. National Exchange Carrier Ass'n,
Inc., D.D.C.1990, 741 F.Supp. 983, affirmed 965
F.2d 1118, 296 U.S.App.D.C. 156. Telecommunications
901(1)
Company
which was engaged in business of radio telephone communications
between the United States and foreign countries was a "common
carrier" of interstate or foreign communications by wire or
radio within meaning of definition of a "common carrier" in
this section. Curran
v. MacKay Radio & Telephone Co, S.D.N.Y.1954, 123 F.Supp. 83.
Telecommunications
1034
An
interstate railway company doing a telegraph business came clearly
within the purview of chapter 1 of Title 49. La
Cost v. Chicago, R.I. & P. Ry. Co., Ark.1918, 203 S.W. 586, 134
Ark. 92.
7. Foreign communication
Proposed system for bouncing communications between Pasadena
and space craft through Goldstone facility, in California, with voice
communication between Goldstone and Pasadena merely as adjuncts to
transmission of signals between Pasadena and space craft, was
"foreign communication" or "foreign transmission",
within FCC jurisdiction. California
Interstate Tel. Co. v. F. C. C., C.A.D.C.1964, 328 F.2d 556, 117
U.S.App.D.C. 255. Telecommunications
1400
8. Information service
AT & T v. City of Portland's construction of
Telecommunications Act classifying Internet service provided by cable
companies exclusively as an interstate "information service"
remained binding precedent within the circuit, even in light of
Federal Communications Commission's (FCC) contrary interpretation of
the statute; Portland court was not presented with a case
involving potential deference to an administrative agency's statutory
construction pursuant to the Chevron doctrine. Brand
X Internet Services v. F.C.C., C.A.9 2003, 345 F.3d 1120,
rehearing and suggestion for rehearing en banc denied, certiorari
granted 125
S.Ct. 654, 2004 WL 2070879, certiorari granted 125
S.Ct. 655, 2004 WL 2153536, certiorari denied 125
S.Ct. 664, 2004 WL 2245551. Courts
90(2)
Service
utilizing Voice over Internet Protocol (VoIP), which allowed those
with access to high-speed Internet connection to make and receive
computer-to-computer and computer-to-phone voice calls, was
"information service" rather than telecommunications
service under Telecommunications Act, precluding state utility
regulatory commission from subjecting marketer of VoIP service to
state laws regulating telephone companies; marketer, which was not an
internet service provider (ISP) and never provided phone-to-phone IP
telephony, was user rather than provider of telecommunications
services. Vonage
Holdings Corp. v. Minnesota Public Utilities Com'n, D.Minn.2003, 290
F.Supp.2d 993. States
18.81;
Telecommunications
1323
Voice
mail was "information service," which local exchange
carrier providing telephone services was not required to make
available to competitor at wholesale rates, under Telecommunications
Act, rather than being "telecommunications service"
required to be provided. MCI
Telecommunications Corp. v. Sprint-Florida Inc., N.D.Fla.2001, 139
F.Supp.2d 1342. Telecommunications
860
9. Interstate communication
Community antenna television systems are engaged in "interstate
communication," under this chapter, even where the intercepted
signals emanate from television stations located within the same
state in which the community antenna systems operate. U.
S. v. Southwestern Cable Co., U.S.Cal.1968, 88 S.Ct. 1994, 392 U.S.
157, 20 L.Ed.2d 1001. Telecommunications
1234
When
toll-free calls originated in one state, but were completed in other
states, calls involved "interstate communications" within
meaning of Communications Act. Sprint
Corp. v. Evans, M.D.Ala.1994, 846 F.Supp. 1497.
Telecommunications
754
10. Interstate transmission
It was arbitrary and capricious for state public service
commission to rule that calls originating in state and terminating in
another state in another local access and transport area that used
local numbers corresponding with long distance call destinations
(interstate interLATA FX traffic) involving competing local exchange
carrier (CLEC) were subject to reciprocal compensation pursuant to
CLEC's interconnection agreement with incumbent local exchange
carrier (ILEC) without addressing ILEC's contention that parties'
amendment specifically excluded interLATA FX traffic from local
compensation, and thus matter would remanded to commission for
further proceedings. Southern
New England Telephone Co. v. Connecticut, Dept. of Public Utility
Co., D.Conn.2003, 285 F.Supp.2d 252.
Telecommunications
864(1);
Telecommunications
911
With
regard to interstate transmission of telegrams, tariff provisions
limiting liability are binding on all parties and have the force of
law irrespective of their knowledge or notice thereof and
irrespective of whether message is filed on a regular blank, on a
blank piece of paper, over the telephone, or in some manner, but
intrastate transmissions are governed by state laws and regulations
if such transmissions are governed by a state regulatory commission.
Robert
Gibb & Sons, Inc. v. Western Union Tel. Co., D.C.N.D.1977, 428
F.Supp. 140. Commerce
59
11. Mobile station
Where signals transmitted by unlicensed operators of unlicensed
mobile radio station mounted on an automobile in Ohio were heard on a
coast guard vessel cruising outside the breakwater at Cleveland on
Lake Erie there was a violation of § 301 of this title
prohibiting operation of any apparatus for transmission of energy or
communications or signals by radio upon another "mobile station"
within jurisdiction of United States except in accordance with §
301 of this title and a license granted thereunder. U.S.
v. Betteridge, N.D.Ohio 1942, 43 F.Supp. 53.
Telecommunications
1169
12. Network element
Federal Communications Commission's (FCC) application of
"network element" definition of Telecommunications Act of
1996, to include operator services and directory assistance,
operational support systems (OSS), and vertical switching functions
as "network elements" under unbundling rule setting forth
minimum number of network elements that incumbent telephone local
exchange carriers (LEC) must make available to requesting carriers,
was eminently reasonable, given breadth of definition. AT &
T Corp. v. Iowa Utilities Bd., U.S.1999, 119 S.Ct. 721, 525 U.S. 366,
142 L.Ed.2d 835, opinion after remand 1999
WL 156020, on remand 219
F.3d 744. Telecommunications
860
12A. Number portability
Under primary jurisdiction doctrine, Federal Communications
Commission (FCC) was proper body to determine meaning of term
"location," in Telecommunications Act provision requiring
number portability only "at the same location," for purpose
of request of bankruptcy debtor, a network operator that furnished
local access numbers to Internet service providers (ISPs), that
competitive local exchange carrier (CLEC) with which debtor had
existing contracts be required to port such local numbers to other
CLECs from which operator wished to acquire services. In
re StarNet, Inc., C.A.7 (Ill.) 2004, 355 F.3d 634,
rehearing and rehearing en banc denied. Telecommunications
753;
Telecommunications
901(2)
13. Radio communication
Federal Communications Commission (FCC) acted in excess of its
statutory authority in promulgating regulations regarding broadcast
flag technology to prevent unauthorized copying and redistribution of
digital media, since FCC's authority encompassed regulation of
apparatus that could receive television broadcast content only while
those apparatus were engaged in process of receiving television
broadcast but only effect of flag was to limit capacity of receiver
apparatus to redistribute broadcast content after broadcast
transmission was complete. American
Library Ass'n. v. F.C.C., C.A.D.C.2005, 406 F.3d 689, 74 U.S.P.Q.2d
1545. Telecommunications
1105
Cable
television programming transmitted over cable network is not "radio
communication" as defined in Communications Act and, thus, its
unlawful interception must be prosecuted under statutory provision
governing unauthorized reception of cable service, and not provision
prohibiting facilitation of unauthorized interception of radio
communications. U.S.
v. Norris, C.A.7 (Ind.) 1996, 88 F.3d 462.
Telecommunications
1256;
Telecommunications
1438
Direct
broadcast satellite service, at least when directed at individual
homes, is "radio communication" intended to be received by
general public under this chapter, despite fact that it can be
received only by those with appropriate reception equipment. National
Ass'n of Broadcasters v. F.C.C., C.A.D.C.1984, 740 F.2d 1190, 239
U.S.App.D.C. 87. Telecommunications
1275
Subsec.
(b) of this section defining radio communication includes television
as one form of radio transmission and this chapter applies to every
phase of television and regulatory scheme set out herein is exclusive
of state actions. Allen
B. Dumont Laboratories v. Carroll, C.A.3 (Pa.) 1950, 184 F.2d 153,
certiorari denied 71
S.Ct. 490, 340 U.S. 929, 95 L.Ed. 670.
Telecommunications
1076;
Commerce
59
This
section which is entitled "definition" and provides that
"radio communication" or "communication by radio"
means transmission by radio of writing, signs, signals, pictures, and
sounds of all kinds, including all instrumentalities, facilities,
apparatus, and services incidental to such transmission, includes
"television". Standard
Radio & Television Co. v. Chronicle Pub. Co., Cal.App. 1
Dist.1960, 6 Cal.Rptr. 246, 182 Cal.App.2d 293.
Telecommunications
1078
14. Ship or vessel
Where signals transmitted by unlicensed operators of unlicensed
mobile radio station in Ohio were heard on a coast guard vessel
cruising outside the breakwater at Cleveland on Lake Erie there was
an unlicensed transmission of energy or communications or signals by
radio from a place in a state to a "vessel" contrary to §
301 of this title. U.S.
v. Betteridge, N.D.Ohio 1942, 43 F.Supp. 53.
Telecommunications
1169
15. Telephone exchange service
"Telephone exchange service" means service within a
discrete local exchange system. North
Carolina Utilities Commission v. F.C.C., C.A.4 1977, 552 F.2d 1036,
certiorari denied 98
S.Ct. 222, 434 U.S. 874, 54 L.Ed.2d 154, certiorari
denied 98
S.Ct. 223, 434 U.S. 874, 54 L.Ed.2d 154.
Telecommunications
855
Community
antenna television channel distribution service does not contemplate
furnishing subscribers with "intercommunicating service" of
the type usually identified with a telephone exchange. General
Tel. Co. of Cal. v. F. C. C., C.A.D.C.1969, 413 F.2d 390, 134
U.S.App.D.C. 116, certiorari denied 90
S.Ct. 173, 396 U.S. 888, 24 L.Ed.2d 163, certiorari
denied 90
S.Ct. 178, 396 U.S. 888, 24 L.Ed.2d 163.
Telecommunications
1200
The
telephone services rendered for guests by hotel maintaining private
branch exchange do not constitute "telephone exchange service"
within this section, and therefore such services are not exempt from
jurisdiction of Commission. U
S v. American Tel & Tel Co, S.D.N.Y.1944, 57 F.Supp. 451,
affirmed 65
S.Ct. 1401, 325 U.S. 837, 89 L.Ed. 1964. Internal
Revenue
3131
This
section defining telephone exchange service as service within a
connected system of telephone exchanges within the same exchange area
furnishing subscribers intercommunicating service of the character
ordinarily furnished by a single exchange and which is covered by the
exchange service charge means that which is covered by exchange
service charge according to the charges, classifications, practices,
services, facilities or regulations of the exchange, since the word
"charge" does not invariably signify the singular.
Southwestern
Bell Tel. Co. v. U.S., W.D.Mo.1942, 45 F.Supp. 403.
Telecommunications
947
Term
"telephone exchange service," as used in this chapter
relating to Federal Communications Commission's jurisdiction, was a
statutory term of art meaning service within a discrete local
exchange system and did not encompass mobile radio telephone exchange
services. ATS
Mobile Telephone, Inc. v. General Communications Co., Inc., Neb.1979,
282 N.W.2d 16, 204 Neb. 141. Telecommunications
1040
"Extended
area telephone service" is toll free service between two or more
exchanges which is furnished to subscribers for exchange service
charge; it is exchange service and not toll service. Northwestern
Bell Telephone Co. v. Consolidated Telephone Co. of Dunning,
Neb.1966, 142 N.W.2d 324, 180 Neb. 268.
Telecommunications
853
Order
in which Federal Communications Commission (FCC) declined to
reconsider portion of its prior order indicating that paging was not
"telephone exchange service" under Telecommunications Act
did not inflict injury upon paging services provider, which therefore
lacked standing to challenge order. AirTouch
Paging v. F.C.C., C.A.2 2000, 234 F.3d 815.
Telecommunications
1055
16. Telephone toll service
Under this section defining telephone toll service, a "toll
service" is not only between different exchange areas, but it is
a service for which there is made a separate charge not included in
contract with subscribers for exchange service. Southwestern
Bell Tel. Co. v. U.S., W.D.Mo.1942, 45 F.Supp. 403.
Telecommunications
949
As
defined by this chapter, "toll service" is not only a
service between different exchange areas but is a service for which
is made a separate charge not included in the contract with
subscribers for exchange service. Ohmes
v. General Tel. Co. of Southwest, Tex.Civ.App.-Amarillo 1964, 384
S.W.2d 796, error refused. Telecommunications
949
17. Wire communication
Words spoken in a room in the presence of another into a
telephone receiver do not constitute a "communication" by
wire within this chapter. Goldman
v. U.S., U.S.N.Y.1942, 62 S.Ct. 993, 316 U.S. 129, 86 L.Ed. 1322.
Telecommunications
1437
Exertion
by Commission of ancillary jurisdiction over carrier-provided
customer premises equipment to remove customer premises equipment
charges from their tariffs was not an unjustifiable invasion of
authority to regulate intrastate communication services reserved to
states by this chapter, because only way to give consumers an
unfettered choice of customer premises equipment was to require that
charges for customer premises equipment be completely separate from
transmission rates on both federal and state levels. Computer
and Communications Industry Ass'n v. F.C.C., C.A.D.C.1982, 693 F.2d
198, 224 U.S.App.D.C. 83, certiorari denied 103
S.Ct. 2109, 461 U.S. 938, 77 L.Ed.2d 313.
Telecommunications
624
Commission
has authority to regulate a form of wire communication, such as that
employed by a community antenna television system, which enlarges the
signal range of licensee's stations to the potential detriment of
entire regulatory scheme. Buckeye
Cablevision, Inc. v. F. C. C., C.A.D.C.1967, 387 F.2d 220, 128
U.S.App.D.C. 262. Telecommunications
1234
The
"wire communication" within this chapter, subject to
regulation by the Commission, does not end at a private branch
exchange maintained by hotel, but extends to service rendered from
the exchange to guest rooms or hotel facilities. U
S v. American Tel & Tel Co, S.D.N.Y.1944, 57 F.Supp. 451,
affirmed 65
S.Ct. 1401, 325 U.S. 837, 89 L.Ed. 1964. Internal
Revenue
3131
18. Tariffs
For purposes of Federal Communications Commission (FCC)
regulation of long-distance telephone companies, "tariffs"
are public documents setting forth terms and conditions of common
carrier's services and rates. AT &
T Corp. v. Community Health Group, S.D.Cal.1995, 931 F.Supp. 719.
Telecommunications
950
19. Telecommunications carriers
Court of Appeals' prior judicial construction of Communications
Act did not trump Federal Communications Commission's (FCC)
interpretation of definition of "telecommunications service,"
which was otherwise entitled to Chevron deference, since prior
decision did not hold that Act unambiguously required court's
construction. National
Cable & Telecommunications Ass'n v. Brand X Internet Services,
2005, 125 S.Ct. 2688, 162 L.Ed.2d 820. Statutes
219(6.1)
Information
providers (IP) that operated pay-per-call information and
entertainment services were not "telecommunications carriers,"
and thus did not have standing under Telecommunications Act to
challenge propriety of New York Public Service Commission (PSC) order
authorizing telephone company to discontinue its billing and
collection services in connection with such calls. Chladek
v. Verizon N.Y. Inc., C.A.2 (N.Y.) 2004, 96 Fed.Appx. 19, 2004 WL
816376, Unreported. Telecommunications
906
47
U.S.C.A. § 153, 47 USCA § 153
Current through P.L. 109-279 approved 08-17-06
Copr.
© 2006 Thomson/West. No. Claim to Orig. U.S. Govt. Works
END
OF DOCUMENT
(C) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
47
U.S.C.A. § 271
United States Code Annotated
Currentness
Title 47. Telegraphs, Telephones, and Radiotelegraphs
Chapter 5. Wire or Radio Communication (Refs & Annos)
Subchapter
II. Common Carriers (Refs
& Annos)
Part
III. Special Provisions Concerning Bell Operating
Companies
§
271. Bell operating company entry into interLATA services
(a) General limitation
Neither a Bell
operating company, nor any affiliate of a Bell operating company, may
provide interLATA services except as provided in this section.
(b)
InterLATA services to which this section applies
A Bell operating company, or any affiliate of that Bell operating company, may provide interLATA services originating in any of its in-region States (as defined in subsection (i) of this section) if the Commission approves the application of such company for such State under subsection (d)(3) of this section.
A Bell operating company, or any affiliate of that Bell operating company, may provide interLATA services originating outside its in-region States after February 8, 1996, subject to subsection (j) of this section.
(3) Incidental interLATA services
A Bell operating company, or any affiliate of a Bell operating company, may provide incidental interLATA services (as defined in subsection (g) of this section) originating in any State after February 8, 1996.
Nothing in this section prohibits a Bell operating company or any of its affiliates from providing termination for interLATA services, subject to subsection (j) of this section.
(c) Requirements for providing certain in-region interLATA
services
A Bell operating company meets the requirements of this paragraph if it meets the requirements of subparagraph (A) or subparagraph (B) of this paragraph for each State for which the authorization is sought.
(A) Presence of a facilities-based competitor
A Bell operating company meets the requirements of this subparagraph if it has entered into one or more binding agreements that have been approved under section 252 of this title specifying the terms and conditions under which the Bell operating company is providing access and interconnection to its network facilities for the network facilities of one or more unaffiliated competing providers of telephone exchange service (as defined in section 153(47)(A) of this title, but excluding exchange access) to residential and business subscribers. For the purpose of this subparagraph, such telephone exchange service may be offered by such competing providers either exclusively over their own telephone exchange service facilities or predominantly over their own telephone exchange service facilities in combination with the resale of the telecommunications services of another carrier. For the purpose of this subparagraph, services provided pursuant to subpart K of part 22 of the Commission's regulations (47 C.F.R. 22.901 et seq.) shall not be considered to be telephone exchange services.
A Bell operating company meets the requirements of this subparagraph if, after 10 months after February 8, 1996, no such provider has requested the access and interconnection described in subparagraph (A) before the date which is 3 months before the date the company makes its application under subsection (d)(1) of this section, and a statement of the terms and conditions that the company generally offers to provide such access and interconnection has been approved or permitted to take effect by the State commission under section 252(f) of this title. For purposes of this subparagraph, a Bell operating company shall be considered not to have received any request for access and interconnection if the State commission of such State certifies that the only provider or providers making such a request have (i) failed to negotiate in good faith as required by section 252 of this title, or (ii) violated the terms of an agreement approved under section 252 of this title by the provider's failure to comply, within a reasonable period of time, with the implementation schedule contained in such agreement.
(2) Specific interconnection requirements
A Bell operating company meets the requirements of this paragraph if, within the State for which the authorization is sought--
(i)(I) such company is providing access and interconnection pursuant to one or more agreements described in paragraph (1)(A), or
(II) such company is generally offering access and interconnection pursuant to a statement described in paragraph (1)(B), and
(ii) such access and interconnection meets the requirements of subparagraph (B) of this paragraph.
Access or interconnection provided or generally offered by a Bell operating company to other telecommunications carriers meets the requirements of this subparagraph if such access and interconnection includes each of the following:
(i) Interconnection in accordance with the requirements of sections 251(c)(2) and 252(d)(1) of this title.
(ii) Nondiscriminatory access to network elements in accordance with the requirements of sections 251(c)(3) and 252(d)(1) of this title.
(iii) Nondiscriminatory access to the poles, ducts, conduits, and rights-of-way owned or controlled by the Bell operating company at just and reasonable rates in accordance with the requirements of section 224 of this title.
(iv) Local loop transmission from the central office to the customer's premises, unbundled from local switching or other services.
(v) Local transport from the trunk side of a wireline local exchange carrier switch unbundled from switching or other services.
(vi) Local switching unbundled from transport, local loop transmission, or other services.
(vii) Nondiscriminatory access to--
(I) 911 and E911 services;
(II) directory assistance services to allow the other carrier's customers to obtain telephone numbers; and
(III) operator call completion services.
(viii) White pages directory listings for customers of the other carrier's telephone exchange service.
(ix) Until the date by which telecommunications numbering administration guidelines, plan, or rules are established, nondiscriminatory access to telephone numbers for assignment to the other carrier's telephone exchange service customers. After that date, compliance with such guidelines, plan, or rules.
(x) Nondiscriminatory access to databases and associated signaling necessary for call routing and completion.
(xi) Until the date by which the Commission issues regulations pursuant to section 251 of this title to require number portability, interim telecommunications number portability through remote call forwarding, direct inward dialing trunks, or other comparable arrangements, with as little impairment of functioning, quality, reliability, and convenience as possible. After that date, full compliance with such regulations.
(xii) Nondiscriminatory access to such services or information as are necessary to allow the requesting carrier to implement local dialing parity in accordance with the requirements of section 251(b)(3) of this title.
(xiii) Reciprocal compensation arrangements in accordance with the requirements of section 252(d)(2) of this title.
(xiv) Telecommunications services are available for resale in accordance with the requirements of sections 251(c)(4) and 252(d)(3) of this title.
On and after February 8, 1996, a Bell operating company or its affiliate may apply to the Commission for authorization to provide interLATA services originating in any in-region State. The application shall identify each State for which the authorization is sought.
(A) Consultation with the Attorney General
The Commission shall notify the Attorney General promptly of any application under paragraph (1). Before making any determination under this subsection, the Commission shall consult with the Attorney General, and if the Attorney General submits any comments in writing, such comments shall be included in the record of the Commission's decision. In consulting with and submitting comments to the Commission under this paragraph, the Attorney General shall provide to the Commission an evaluation of the application using any standard the Attorney General considers appropriate. The Commission shall give substantial weight to the Attorney General's evaluation, but such evaluation shall not have any preclusive effect on any Commission decision under paragraph (3).
(B) Consultation with State commissions
Before making any determination under this subsection, the Commission shall consult with the State commission of any State that is the subject of the application in order to verify the compliance of the Bell operating company with the requirements of subsection (c) of this section.
Not later than 90 days after receiving an application under paragraph (1), the Commission shall issue a written determination approving or denying the authorization requested in the application for each State. The Commission shall not approve the authorization requested in an application submitted under paragraph (1) unless it finds that--
(A) the petitioning Bell operating company has met the requirements of subsection (c)(1) of this section and--
(i) with respect to access and interconnection provided pursuant to subsection (c)(1)(A) of this section, has fully implemented the competitive checklist in subsection (c)(2)(B) of this section; or
(ii) with respect to access and interconnection generally offered pursuant to a statement under subsection (c)(1)(B) of this section, such statement offers all of the items included in the competitive checklist in subsection (c)(2)(B) of this section;
(B) the requested authorization will be carried out in accordance with the requirements of section 272 of this title; and
(C) the requested authorization is consistent with the public interest, convenience, and necessity.
The Commission shall state the basis for its approval or denial of the application.
The Commission may not, by rule or otherwise, limit or extend the terms used in the competitive checklist set forth in subsection (c)(2)(B) of this section.
Not later than 10 days after issuing a determination under paragraph (3), the Commission shall publish in the Federal Register a brief description of the determination.
If at any time after the approval of an application under paragraph (3), the Commission determines that a Bell operating company has ceased to meet any of the conditions required for such approval, the Commission may, after notice and opportunity for a hearing--
(i) issue an order to such company to correct the deficiency;
(ii) impose a penalty on such company pursuant to subchapter V of this chapter; or
(iii) suspend or revoke such approval.
(B) Receipt and review of complaints
The Commission shall establish procedures for the review of complaints concerning failures by Bell operating companies to meet conditions required for approval under paragraph (3). Unless the parties otherwise agree, the Commission shall act on such complaint within 90 days.
(1) Joint marketing of local and long distance services
Until a Bell operating company is authorized pursuant to subsection (d) of this section to provide interLATA services in an in-region State, or until 36 months have passed since February 8, 1996, whichever is earlier, a telecommunications carrier that serves greater than 5 percent of the Nation's presubscribed access lines may not jointly market in such State telephone exchange service obtained from such company pursuant to section 251(c)(4) of this title with interLATA services offered by that telecommunications carrier.
(2) IntraLATA toll dialing parity
A Bell operating company granted authority to provide interLATA services under subsection (d) of this section shall provide intraLATA toll dialing parity throughout that State coincident with its exercise of that authority.
Except for single-LATA States and States that have issued an order by December 19, 1995, requiring a Bell operating company to implement intraLATA toll dialing parity, a State may not require a Bell operating company to implement intraLATA toll dialing parity in that State before a Bell operating company has been granted authority under this section to provide interLATA services originating in that State or before 3 years after February 8, 1996, whichever is earlier. Nothing in this subparagraph precludes a State from issuing an order requiring intraLATA toll dialing parity in that State prior to either such date so long as such order does not take effect until after the earlier of either such dates.
(f) Exception for previously authorized activities
Neither
subsection (a) of this section nor section
273 of this title shall prohibit a Bell operating
company or affiliate from engaging, at any time after February 8,
1996, in any activity to the extent authorized by, and subject to the
terms and conditions contained in, an order entered by the United
States District Court for the District of Columbia pursuant to
section
VII or VIII(C)
of the AT&T Consent Decree if such order was entered on or before
February 8, 1996, to the extent such order is not reversed or vacated
on appeal. Nothing in this subsection shall be construed to limit, or
to impose terms or conditions on, an activity in which a Bell
operating company is otherwise authorized to engage under any other
provision of this section.
(g) "Incidental
interLATA services" defined
For purposes of this
section, the term "incidental interLATA services" means the
interLATA provision by a Bell operating company or its affiliate--
(1)(A) of audio programming, video programming, or other programming services to subscribers to such services of such company or affiliate;
(B) of the capability for interaction by such subscribers to select or respond to such audio programming, video programming, or other programming services;
(C) to distributors of audio programming or video programming that such company or affiliate owns or controls, or is licensed by the copyright owner of such programming (or by an assignee of such owner) to distribute; or
(D) of alarm monitoring services;
(2) of two-way interactive video services or Internet services over dedicated facilities to or for elementary and secondary schools as defined in section 254(h)(5) of this title;
(3) of commercial mobile services in accordance with section 332(c) of this title and with the regulations prescribed by the Commission pursuant to paragraph (8) of such section;
(4) of a service that permits a customer that is located in one LATA to retrieve stored information from, or file information for storage in, information storage facilities of such company that are located in another LATA;
(5) of signaling information used in connection with the provision of telephone exchange services or exchange access by a local exchange carrier; or
(6) of network control signaling information to, and receipt of such signaling information from, common carriers offering interLATA services at any location within the area in which such Bell operating company provides telephone exchange services or exchange access.
(h) Limitations
The provisions of subsection (g) of
this section are intended to be narrowly construed. The interLATA
services provided under subparagraph (A), (B), or (C) of subsection
(g)(1) of this section are limited to those interLATA transmissions
incidental to the provision by a Bell operating company or its
affiliate of video, audio, and other programming services that the
company or its affiliate is engaged in providing to the public. The
Commission shall ensure that the provision of services authorized
under subsection (g) of this section by a Bell operating company or
its affiliate will not adversely affect telephone exchange service
ratepayers or competition in any telecommunications market.
(i)
Additional definitions
As used in this section--
The term "in-region State" means a State in which a Bell operating company or any of its affiliates was authorized to provide wireline telephone exchange service pursuant to the reorganization plan approved under the AT&T Consent Decree, as in effect on the day before February 8, 1996.
(2) Audio programming services
The term "audio programming services" means programming provided by, or generally considered to be comparable to programming provided by, a radio broadcast station.
(3) Video programming services; other programming services
The terms "video programming service" and "other programming services" have the same meanings as such terms have under section 522 of this title.
(j) Certain service applications treated as in-region service
applications
For purposes of this section, a Bell
operating company application to provide 800 service, private line
service, or their equivalents that--
(1) terminate in an in-region State of that Bell operating company, and
(2) allow the called party to determine the interLATA carrier,
shall
be considered an in-region service subject to the requirements of
subsection (b)(1) of this section.
CREDIT(S)
(June
19, 1934, c. 652, Title II, § 271, as added Feb. 8, 1996, Pub.L.
104- 104, Title I, § 151(a), 110 Stat.
86.)
HISTORICAL AND STATUTORY NOTES
Revision
Notes and Legislative Reports
1996 Acts. House
Report No. 104-204 and House
Conference Report No. 104- 458, see 1996 U.S. Code
Cong. and Adm. News, p. 10.
References in Text
Section
254(h)(5) of this title, referred to in subsec. (g)(2), was
redesignated 47
U.S.C.A. § 254(h)(7) by Pub.
L. 106-554, § 1(a)(4) [Div. B, Title XVII, §
1721(a)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-343.
LAW
REVIEW COMMENTARIES
Goldwasser, the Telecom Act, and reflections on antitrust remedies. Philip J. Weiser, 55 Admin.L.Rev. 1 (2002).
Telecommunications Act of 1996: Tackling the twists and turns of technology. Norman B. Beecher, 26 Colo.Law. 11 (Jan. 1997).
LIBRARY
REFERENCES
American Digest System
Telecommunications
73.1,
267.
Key Number System Topic No. 372.
RESEARCH
REFERENCES
Encyclopedias
Am.
Jur. 2d Telecommunications § 27, Special
Provisions Concerning Bell Operating Companies.
Treatises
and Practice Aids
Federal
Procedure, Lawyers Edition § 72:334, Form and
Contents of Formal Complaint.
Federal
Procedure, Lawyers Edition § 72:341,
Answer.
Federal
Procedure, Lawyers Edition § 72:358,
Preconference Meeting.
Federal
Procedure, Lawyers Edition § 72:936,
Generally.
NOTES OF DECISIONS
Amendment to application 6
Billing metrics 7
Competing provider 3
Constitutionality 1
Consultation with Attorney General 8
Purpose 2
State policy 5
State requirements 4
Substantial evidence 9
1. Constitutionality
Provision
of Telecommunications Act which prevented Bell operating companies
(BOCs) from immediately providing in-region long distance telephone
service, absent satisfaction of certain statutory criteria, did not
amount to unlawful bill of attainder, although Act applied to BOCs
with specificity, since Act did not inflict punishment on BOCs.
BellSouth
Corp. v. F.C.C., C.A.D.C.1998, 162 F.3d 678, 333 U.S.App.D.C. 253.
Constitutional
Law
82.5;
Telecommunications
730
Provisions
of Telecommunications Act of 1996 restricting entry of Bell operating
companies (BOC), which were certain formerly-affiliated telephone
local exchange carriers (LEC), into long-distance telephone market,
prohibiting electronic publishing by BOCs through use of basic
telephone service, requiring BOC affiliates for particular lines of
business, and restricting manufacturing activities and provision of
alarm monitoring services constituted "punishment" and,
thus, provisions constituted unconstitutional "bill of
attainder"; provisions punished BOCs financially, provisions
took from BOCs rights they previously enjoyed, provisions served as
punishment for BOCs' presumed anticompetitive conduct, and prior
allegedly anticompetitive conduct of BOCs' former corporate parent
formed basis of provisions. SBC
Communications, Inc. v. F.C.C., N.D.Tex.1997, 981 F.Supp. 996,
stay granted 1998
WL 119707, reversed 154
F.3d 226, certiorari denied 119
S.Ct. 889, 525 U.S. 1113, 142 L.Ed.2d 788.
Constitutional
Law
82.5;
Telecommunications
730
2. Purpose
Purpose
of Federal Telecommunications Act was to replace telecommunications
monopolies and regulation with competitive markets. Bell
Atlantic-New Jersey, Inc. v. Tate, D.N.J.1997, 962 F.Supp. 608.
Monopolies
10
Breaux-Leahy
Amendment to Federal Telecommunications Act, permitting states that
had ordered regional bell operating companies (RBOC) to offer
intra-local access transport area (intraLATA) toll service
presubscription by certain date to proceed to effectuate that
requirement after that date, was sponsored as means to reduce
preemptive effect of earlier versions of the legislation. Bell
Atlantic-New Jersey, Inc. v. Tate, D.N.J.1997, 962 F.Supp. 608.
Telecommunications
734;
States
18.81
3. Competing provider
Federal
Communications Commission (FCC) reasonably determined that telephone
network element unbundling obligations faced by Bell operating
companies (BOCs) who wished to enter long distance service market
were independent of and not controlled by unbundling obligations such
companies faced in order to avoid impairment of competition by
competitive local exchange carriers (CLECs). U.S.
Telecom Ass'n v. F.C.C., C.A.D.C.2004, 359 F.3d 554, 360 U.S.App.D.C.
202, certiorari denied 125
S.Ct. 313, 2004 WL 2069543, certiorari denied 125
S.Ct. 316, 2004 WL 2071195, certiorari denied 125
S.Ct. 345, 160 L.Ed.2d 223, 2004 WL 2152860.
Telecommunications
860
Federal
Communications Commission (FCC) reasonably interpreted phrase
"competing provider," as used in statute setting
requirements for approval of Bell operating company's (BOC)
application to provide long-distance services in its in-region state,
to require that provider must offer actual commercial alternative to
BOC. SBC
Communications Inc. v. F.C.C., C.A.D.C.1998, 138 F.3d 410, 329
U.S.App.D.C. 133. Telecommunications
782
4. State requirements
By
issuing order requiring presubscription for intra-local access
transport area (intraLATA) toll service by competitive carriers but
not yet adopting final rules to implement that requirement, New
Jersey Board of Public Utilities (BPU) met requirements of
grandfather clause to Federal Telecommunications Act, which clause
permitted state that had, by grandfather date, ordered regional Bell
operating company (RBOC) to offer presubscription to proceed to
effectuate that requirement after that date using its own timeframe;
actual implementation of program was not required under clause, Board
order established both policy and requirement, and order made clear
that presubscription should be implemented as quickly as possible, to
be completed within a year of effective date of proposed rules. Bell
Atlantic-New Jersey, Inc. v. Tate, D.N.J.1997, 962 F.Supp. 608.
Monopolies
10
5. State policy
In
determining whether an incumbent local exchange carrier's (ILEC's)
rates for unbundled network elements (UNEs) comply with the "TELRIC"
(total-element long run incremental cost) standard for granting
authority to the ILEC to offer long-distance service, it is
reasonable for the Federal Communications Commission (FCC) to rely on
the states' periodic rate revision process as a means of correcting
flaws in adopted rates, and Court of Appeals will not upset that
balance ad hoc by requiring refunds, or requiring the FCC to do so,
unless they are clearly necessary to render the rates
TELRIC-compliant. WorldCom,
Inc. v. F.C.C., C.A.D.C.2002, 308 F.3d 1, 353 U.S.App.D.C. 325,
on remand 2004
WL 324231. Telecommunications
860;
Telecommunications
866
Federal
Communications Commission (FCC), in determining whether state utility
commission-approved recurring-charge rates for Bell operating
company's (BOC) lease of unbundled network elements (UNEs) to
competitive local exchange carrier (CLEC) were TELRIC (total long-run
incremental cost) compliant, could rely in part on comparison with
rates in state neighboring BOC's region, with suitable adjustments.
Sprint
Communications Co. L.P. v. F.C.C., C.A.D.C.2001, 274 F.3d 549, 348
U.S.App.D.C. 266. Telecommunications
866
For
purposes of determining whether state established binding policy of
presubscription for intra-local access transport area (intraLATA)
toll service provided by competitive carriers for purposes of Federal
Telecommunications Act grandfather clause permitting state that had,
by grandfather date, ordered regional Bell operating company (RBOC)
to offer presubscription to proceed to effectuate that requirement
after that date using its own timeframe, "policy" may be
"requirement" and vice versa; crucial examination is
whether policy is merely precatory or is binding. Bell
Atlantic-New Jersey, Inc. v. Tate, D.N.J.1997, 962 F.Supp. 608.
Monopolies
10
6. Amendment to application
Federal
Communications Commission (FCC), in deciding "nondiscriminatory
access" component of Bell operating company's (BOC) June 21
application to add long-distance service, did not act arbitrarily or
capriciously by considering August 17 submission by BOC; later
submission was within exception to FCC's "complete when filed"
rule since it addressed commenters' challenges to BOC's wholesale
billing performance for May and June, and FCC could reasonably choose
not to segregate evidence from June and August submissions into two
categories, usable for prima facie case vs. usable for rebuttal only.
Z-Tel
Communications, Inc. v. F.C.C., C.A.D.C.2003, 333 F.3d 262, 357
U.S.App.D.C. 141. Telecommunications
863
7. Billing metrics
Federal
Communications Commission (FCC), in deciding "nondiscriminatory
access" component of Bell operating company's (BOC) application
to add long-distance service, did not act arbitrarily or capriciously
by giving no weight to BOC's recalculated billing metrics submitted
after application, which allegedly showed that BOC made many more
errors in billing competitive local exchange carriers (CLECs) than
its own customers; metrics after recalculation retained structural
problem that parties agreed was significant, i.e. unpredictable lag
between any error and its reflection in metrics. Z-Tel
Communications, Inc. v. F.C.C., C.A.D.C.2003, 333 F.3d 262, 357
U.S.App.D.C. 141. Telecommunications
863
8. Consultation with Attorney General
Federal
Communications Commission (FCC), in deciding Bell operating company's
(BOC) application to add long-distance service, did not violate
Telecommunications Act's "consultation with Attorney General"
provision by considering additional evidence concerning problem with
BOC's wholesale billing system after Attorney General had mentioned
problem in his evaluation; Attorney General's report expressly
anticipated additional evidence, and Act intended such reports to be
advisory, not controlling. Z-Tel
Communications, Inc. v. F.C.C., C.A.D.C.2003, 333 F.3d 262, 357
U.S.App.D.C. 141. Telecommunications
870
9. Substantial evidence
Substantial
evidence supported Federal Communications Commission's (FCC)
determination the Bell operating company's (BOC) wholesale billing
comported with Telecommunications Act's "nondiscriminatory
access" requirement, as required for approval of BOC's
application to add long-distance service; data from five-month period
before application showed decrease from 27% to 2% in dollar value of
all disputes submitted by competitive local exchange carriers
(CLECs), error rates for "historic problem areas" declined
to "relatively nominal" level, and third-party studies
indicated wholesale data were readable and auditable. Z-Tel
Communications, Inc. v. F.C.C., C.A.D.C.2003, 333 F.3d 262, 357
U.S.App.D.C. 141. Telecommunications
863
47
U.S.C.A. § 271, 47 USCA § 271
Current
through P.L. 109-279 approved 08-17-06
Copr. © 2006
Thomson/West. No. Claim to Orig. U.S. Govt. Works
END OF
DOCUMENT
(C) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
| File Type | application/msword |
| Author | Paul.Laurenzano |
| File Modified | 2006-10-31 |
| File Created | 2006-10-31 |
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