-CITE- 47 USC CHAPTER 5 - WIRE OR RADIO COMMUNICATION 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION -HEAD- CHAPTER 5 - WIRE OR RADIO COMMUNICATION -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 151. Purposes of chapter; Federal Communications Commission created. 152. Application of chapter. 153. Definitions. 154. Federal Communications Commission. (a) Number of commissioners; appointment. (b) Qualifications. (c) Terms of office; vacancies. (d) Compensation of Commission members. (e) Principal office; special sessions. (f) Employees and assistants; compensation of members of Field Engineering and Monitoring Bureau; use of amateur volunteers for certain purposes; commercial radio operator examinations. (g) Expenditures. (h) Quorum; seal. (i) Duties and powers. (j) Conduct of proceedings; hearings. (k) Annual reports to Congress. (l) Record of reports. (m) Publication of reports; admissibility as evidence. (n) Compensation of appointees. (o) Use of communications in safety of life and property. 155. Commission. (a) Chairman; duties; vacancy. (b) Organization of staff. (c) Delegation of functions; exceptions to initial orders; force, effect and enforcement of orders; administrative and judicial review; qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions; secretary; seal. (d) Meetings. (e) Managing Director; appointment, functions, pay. 156. Authorization of appropriations. 157. New technologies and services. 158. Application fees. (a) Assessment and collection. (b) Review and adjustment of Schedule by Commission; notification to Congress; judicial review. (c) Additional application fee; assessment as penalty; amount; dismissal of application or other filing. (d) Inapplicability of application fees to certain radio services; waiver or deferment of payment. (e) Deposit of moneys in general fund; reimbursement of United States for administration of chapter. (f) Rules and regulations. (g) Schedule of Application Fees. 159. Regulatory fees. (a) General authority. (b) Establishment and adjustment of regulatory fees. (c) Enforcement. (d) Waiver, reduction, and deferment. (e) Deposit of collections. (f) Regulations. (g) Schedule. (h) Exceptions. (i) Accounting system. 160. Competition in provision of telecommunications service. (a) Regulatory flexibility. (b) Competitive effect to be weighed. (c) Petition for forbearance. (d) Limitation. (e) State enforcement after Commission forbearance. 161. Regulatory reform. (a) Biennial review of regulations. (b) Effect of determination. SUBCHAPTER II - COMMON CARRIERS PART I - COMMON CARRIER REGULATION 201. Service and charges. 202. Discriminations and preferences. (a) Charges, services, etc. (b) Charges or services included. (c) Penalty. 203. Schedules of charges. (a) Filing; public display. (b) Changes in schedule; discretion of Commission to modify requirements. (c) Overcharges and rebates. (d) Rejection or refusal. (e) Penalty for violations. 204. Hearings on new charges; suspension pending hearing; refunds; duration of hearing; appeal of order concluding hearing. 205. Commission authorized to prescribe just and reasonable charges; penalties for violations. 206. Carriers' liability for damages. 207. Recovery of damages. 208. Complaints to Commission; investigations; duration of investigation; appeal of order concluding investigation. 209. Orders for payment of money. 210. Franks and passes; free service to governmental agencies in connection with national defense. 211. Contracts of carriers; filing with Commission. 212. Interlocking directorates; officials dealing in securities. 213. Valuation of property of carrier. (a) Hearing. (b) Inventory. (c) Original cost. (d) Easement, license or franchise. (e) Improvements; changes in condition. (f) Additional information; access to records and data. (g) State commissions. 214. Extension of lines or discontinuance of service; certificate of public convenience and necessity. (a) Exceptions; temporary or emergency service or discontinuance of service; changes in plant, operation or equipment. (b) Notification of Secretary of Defense, Secretary of State, and State Governor. (c) Approval or disapproval; injunction. (d) Order of Commission; hearing; penalty. (e) Provision of universal service. 215. Examination of transactions relating to furnishing of services, equipment, etc.; reports to Congress. (a) Access to records and documents. (b) Wire telephone and telegraph services. (c) Exclusive dealing contracts. 216. Receivers and trustees; application of chapter. 217. Agents' acts and omissions; liability of carrier. 218. Management of business; inquiries by Commission. 219. Reports by carriers; contents and requirements generally. 220. Accounts, records, and memoranda. (a) Forms. (b) Depreciation charges. (c) Access to information; burden of proof; use of independent auditors. (d) Penalty for failure to comply. (e) False entry; destruction; penalty. (f) Confidentiality of information. (g) Use of other forms; alterations in prescribed forms. (h) Exemption; regulation by State commission. (i) Consultation with State commissions. (j) Report to Congress on need for further legislation. 221. Consolidations and mergers of telephone companies. (a) Repealed. (b) State jurisdiction over services. (c) Determination of property used in interstate toll service. (d) Valuation of property. 222. Privacy of customer information. (a) In general. (b) Confidentiality of carrier information. (c) Confidentiality of customer proprietary network information. (d) Exceptions. (e) Subscriber list information. (f) Authority to use wireless location information. (g) Subscriber listed and unlisted information for emergency services. (h) Definitions. 223. Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications. (a) Prohibited acts generally. (b) Prohibited acts for commercial purposes; defense to prosecution. (c) Restriction on access to subscribers by common carriers; judicial remedies respecting restrictions. (d) Sending or displaying offensive material to persons under 18. (e) Defenses. (f) Violations of law required; commercial entities, nonprofit libraries, or institutions of higher education. (g) Application and enforcement of other Federal law. (h) Definitions. 224. Pole attachments. (a) Definitions. (b) Authority of Commission to regulate rates, terms, and conditions; enforcement powers; promulgation of regulations. (c) State regulatory authority over rates, terms, and conditions; preemption; certification; circumstances constituting State regulation. (d) Determination of just and reasonable rates; "usable space" defined. (e) Regulations governing charges; apportionment of costs of providing space. (f) Nondiscriminatory access. (g) Imputation to costs of pole attachment rate. (h) Modification or alteration of pole, duct, conduit, or right-of-way. (i) Costs of rearranging or replacing attachment. 225. Telecommunications services for hearing-impaired and speech-impaired individuals. (a) Definitions. (b) Availability of telecommunications relay services. (c) Provision of services. (d) Regulations. (e) Enforcement. (f) Certification. (g) Complaint. 226. Telephone operator services. (a) Definitions. (b) Requirements for providers of operator services. (c) Requirements for aggregators. (d) General rulemaking required. (e) Separate rulemaking on access and compensation. (f) Technological capability of equipment. (g) Fraud. (h) Determinations of rate compliance. (i) Statutory construction. 227. Restrictions on use of telephone equipment. (a) Definitions. (b) Restrictions on use of automated telephone equipment. (c) Protection of subscriber privacy rights. (d) Technical and procedural standards. (e) Effect on State law. (f) Actions by States. (g) Junk fax enforcement report. 228. Regulation of carrier offering of pay-per-call services. (a) Purpose. (b) General authority for regulations. (c) Common carrier obligations. (d) Billing and collection practices. (e) Liability. (f) Special provisions. (g) Effect on other law. (h) Effect on dial-a-porn prohibitions. (i) "Pay-per-call services" defined. 229. Communications Assistance for Law Enforcement Act compliance. (a) In general. (b) Systems security and integrity. (c) Commission review of compliance. (d) Penalties. (e) Cost recovery for Communications Assistance for Law Enforcement Act compliance. 230. Protection for private blocking and screening of offensive material. (a) Findings. (b) Policy. (c) Protection for "Good Samaritan" blocking and screening of offensive material. (d) Obligations of interactive computer service. (e) Effect on other laws. (f) Definitions. 231. Restriction of access by minors to materials commercially distributed by means of World Wide Web that are harmful to minors. (a) Requirement to restrict access. (b) Inapplicability of carriers and other service providers. (c) Affirmative defense. (d) Privacy protection requirements. (e) Definitions. PART II - DEVELOPMENT OF COMPETITIVE MARKETS 251. Interconnection. (a) General duty of telecommunications carriers. (b) Obligations of all local exchange carriers. (c) Additional obligations of incumbent local exchange carriers. (d) Implementation. (e) Numbering administration. (f) Exemptions, suspensions, and modifications. (g) Continued enforcement of exchange access and interconnection requirements. (h) "Incumbent local exchange carrier" defined. (i) Savings provision. 252. Procedures for negotiation, arbitration, and approval of agreements. (a) Agreements arrived at through negotiation. (b) Agreements arrived at through compulsory arbitration. (c) Standards for arbitration. (d) Pricing standards. (e) Approval by State commission. (f) Statements of generally available terms. (g) Consolidation of State proceedings. (h) Filing required. (i) Availability to other telecommunications carriers. (j) "Incumbent local exchange carrier" defined. 253. Removal of barriers to entry. (a) In general. (b) State regulatory authority. (c) State and local government authority. (d) Preemption. (e) Commercial mobile service providers. (f) Rural markets. 254. Universal service. (a) Procedures to review universal service requirements. (b) Universal service principles. (c) Definition. (d) Telecommunications carrier contribution. (e) Universal service support. (f) State authority. (g) Interexchange and interstate services. (h) Telecommunications services for certain providers. (i) Consumer protection. (j) Lifeline assistance. (k) Subsidy of competitive services prohibited. (l) Internet safety policy requirement for schools and libraries. 255. Access by persons with disabilities. (a) Definitions. (b) Manufacturing. (c) Telecommunications services. (d) Compatibility. (e) Guidelines. (f) No additional private rights authorized. 256. Coordination for interconnectivity. (a) Purpose. (b) Commission functions. (c) Commission's authority. (d) "Public telecommunications network interconnectivity" defined. 257. Market entry barriers proceeding. (a) Elimination of barriers. (b) National policy. (c) Periodic review. 258. Illegal changes in subscriber carrier selections. (a) Prohibition. (b) Liability for charges. 259. Infrastructure sharing. (a) Regulations required. (b) Terms and conditions of regulations. (c) Information concerning deployment of new services and equipment. (d) "Qualifying carrier" defined. 260. Provision of telemessaging service. (a) Nondiscrimination safeguards. (b) Expedited consideration of complaints. (c) "Telemessaging service" defined. 261. Effect on other requirements. (a) Commission regulations. (b) Existing State regulations. (c) Additional State requirements. PART III - SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES 271. Bell operating company entry into interLATA services. (a) General limitation. (b) InterLATA services to which this section applies. (c) Requirements for providing certain in-region interLATA services. (d) Administrative provisions. (e) Limitations. (f) Exception for previously authorized activities. (g) "Incidental interLATA services" defined. (h) Limitations. (i) Additional definitions. (j) Certain service applications treated as in-region service applications. 272. Separate affiliate; safeguards. (a) Separate affiliate required for competitive activities. (b) Structural and transactional requirements. (c) Nondiscrimination safeguards. (d) Biennial audit. (e) Fulfillment of certain requests. (f) Sunset. (g) Joint marketing. (h) Transition. 273. Manufacturing by Bell operating companies. (a) Authorization. (b) Collaboration; research and royalty agreements. (c) Information requirements. (d) Manufacturing limitations for standard-setting organizations. (e) Bell operating company equipment procurement and sales. (f) Administration and enforcement authority. (g) Additional rules and regulations. (h) "Manufacturing" defined. 274. Electronic publishing by Bell operating companies. (a) Limitations. (b) Separated affiliate or electronic publishing joint venture requirements. (c) Joint marketing. (d) Bell operating company requirement. (e) Private right of action. (f) Separated affiliate reporting requirement. (g) Effective dates. (h) "Electronic publishing" defined. (i) Additional definitions. 275. Alarm monitoring services. (a) Delayed entry into alarm monitoring. (b) Nondiscrimination. (c) Expedited consideration of complaints. (d) Use of data. (e) "Alarm monitoring service" defined. 276. Provision of payphone service. (a) Nondiscrimination safeguards. (b) Regulations. (c) State preemption. (d) "Payphone service" defined. SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO PART I - GENERAL PROVISIONS 301. License for radio communication or transmission of energy. 302. Repealed. 302a. Devices which interfere with radio reception. (a) Regulations. (b) Restrictions. (c) Exceptions. (d) Cellular telecommunications receivers. (e) Delegation of equipment testing and certification to private laboratories. (f) State and local enforcement of FCC regulations on use of citizens band radio equipment. 303. Powers and duties of Commission. 303a. Standards for children's television programming. (a) Establishment. (b) Advertising duration limitations. (c) Review of advertising duration limitations; modification. (d) "Commercial television broadcast licensee" defined. 303b. Consideration of children's television service in broadcast license renewal. 303c. Television program improvement. (a) Short title. (b) Definitions. (c) Exemption. (d) Limitations. 304. Waiver by license of claims to particular frequency or of electromagnetic spectrum. 305. Government owned stations. (a) Frequencies; compliance with regulations; stations on vessels. (b) Call letters. (c) Stations operated by foreign governments. 306. Foreign ships; application of section 301. 307. Licenses. (a) Grant. (b) Allocation of facilities. (c) Terms of licenses. (d) Renewals. (e) Operation of certain radio stations without individual licenses. (f) Areas in Alaska without access to over the air broadcasts. 308. Requirements for license. (a) Writing; exceptions. (b) Conditions. (c) Commercial communication. (d) Summary of complaints. 309. Application for license. (a) Considerations in granting application. (b) Time of granting application. (c) Applications not affected by subsection (b). (d) Petition to deny application; time; contents; reply; findings. (e) Hearings; intervention; evidence; burden of proof. (f) Temporary authorization of temporary operations under subsection (b). (g) Classification of applications. (h) Form and conditions of station licenses. (i) Random selection. (j) Use of competitive bidding. (k) Broadcast station renewal procedures. (l) Applicability of competitive bidding to pending comparative licensing cases. 310. License ownership restrictions. (a) Grant to or holding by foreign government or representative. (b) Grant to or holding by alien or representative, foreign corporation, etc. (c) Authorization for aliens licensed by foreign governments; multilateral or bilateral agreement to which United States and foreign country are parties as prerequisite. (d) Assignment and transfer of construction permit or station license. (e) Administration of regional concentration rules for broadcast stations. 311. Requirements as to certain applications in broadcasting service. (a) Notices of filing and hearing; form and contents. (b) Place of hearing. (c) Agreement between two or more applicants; approval of Commission; pendency of application. (d) License for operation of station; agreement to withdraw application; approval of Commission. 312. Administrative sanctions. (a) Revocation of station license or construction permit. (b) Cease and desist orders. (c) Order to show cause. (d) Burden of proof. (e) Procedure for issuance of cease and desist order. (f) "Willful" and "repeated" defined. (g) Limitation on silent station authorizations. 312a. Revocation of operator's license used in unlawful distribution of controlled substances. 313. Application of antitrust laws to manufacture, sale, and trade in radio apparatus. (a) Revocation of licenses. (b) Refusal of licenses and permits. 314. Competition in commerce; preservation. 315. Candidates for public office. (a) Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities. (b) Charges. (c) Definitions. (d) Rules and regulations. (e) Political record. 316. Modification by Commission of station licenses or construction permits; burden of proof. 317. Announcement of payment for broadcast. (a) Disclosure of person furnishing. (b) Disclosure to station of payments. (c) Acquiring information from station employees. (d) Waiver of announcement. (e) Rules and regulations. 318. Transmitting apparatus; operator's license. 319. Construction permits. (a) Requirements. (b) Time limitation; forfeiture. (c) Licenses for operation. (d) Government, amateur, or mobile station; waiver. 320. Stations liable to interfere with distress signals; designation and regulation. 321. Distress signals and communications; equipment on vessels; regulations. 322. Exchanging radio communications between land and ship stations and from ship to ship. 323. Interference between Government and commercial stations. 324. Use of minimum power. 325. False, fraudulent, or unauthorized transmissions. (a) False distress signals; rebroadcasting programs. (b) Consent to retransmission of broadcasting station signals. (c) Broadcast to foreign countries for rebroadcast to United States; permit. (d) Application for permit. (e) Enforcement proceedings against satellite carriers concerning retransmissions of television broadcast stations in the respective local markets of such carriers. 326. Censorship. 327. Naval stations; use for commercial messages; rates. 328. Repealed. 329. Administration of radio laws in Territories and possessions. 330. Prohibition against shipment of certain television receivers. 331. Very high frequency stations and AM radio stations. (a) Very high frequency stations. (b) AM radio stations. 332. Mobile services. (a) Factors which Commission must consider. (b) Advisory coordinating committees. (c) Regulatory treatment of mobile services. (d) Definitions. 333. Willful or malicious interference. 334. Limitation on revision of equal employment opportunity regulations. (a) Limitation. (b) Midterm review. (c) Authority to make technical revisions. 335. Direct broadcast satellite service obligations. (a) Proceeding required to review DBS responsibilities. (b) Carriage obligations for noncommercial, educational, and informational programming. 336. Broadcast spectrum flexibility. (a) Commission action. (b) Contents of regulations. (c) Recovery of license. (d) Public interest requirement. (e) Fees. (f) Preservation of low-power community television broadcasting. (g) Evaluation. (h) Provision of digital data service by low-power television stations. (i) Definitions. 337. Allocation and assignment of new public safety services licenses and commercial licenses. (a) In general. (b) Assignment. (c) Licensing of unused frequencies for public safety services. (d) Conditions on licenses. (e) Removal and relocation of incumbent broadcast licensees. (f) Definitions. 338. Carriage of local television signals by satellite carriers. (a) Carriage obligations. (b) Good signal required. (c) Duplication not required. (d) Channel positioning. (e) Compensation for carriage. (f) Remedies. (g) Carriage of local stations on a single dish. (h) Additional notices to subscribers, networks, and stations concerning signal carriage. (i) Privacy rights of satellite subscribers. (j) Regulations by Commission. (k) Definitions. 339. Carriage of distant television stations by satellite carriers. (a) Provisions relating to carriage of distant signals. (b) Extension of network nonduplication, syndicated exclusivity, and sports blackout to satellite retransmission. (c) Eligibility for retransmission. (d) Definitions. 340. Significantly viewed signals permitted to be carried. (a) Significantly viewed stations. (b) Limitations. (c) Publication and modifications of lists; regulations. (d) Effect on other obligations and rights. (e) Network nonduplication and syndicated exclusivity. (f) Enforcement. (g) Notices concerning significantly viewed stations. (h) Additional corresponding changes in regulations. (i) Definitions. 341. Carriage of television signals to certain subscribers. PART II - RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP 351. Ship radio stations and operations. 352. Exemptions. (a) Vessels excepted. (b) Radio station unreasonable or unnecessary. (c) Unforeseeable equipment failures. (d) Radio direction finding apparatus unreasonable or unnecessary. 353. Radio equipment and operators. (a) Two radio officers required. (b) One radio officer required. (c) Required watches. (d) Hours of watch. (e) Operational status of auto alarms in open sea. 353a. Operators and watches on radiotelephone equipped ships. 354. Technical requirements of equipment on radiotelegraph equipped ships. 354a. Technical requirements of equipment on radiotelephone equipped ships. 355. Survival craft. 356. Approval of installations by Commission. 357. Safety information. (a) Transmission of information concerning safety at sea. (b) Charges for transmission of safety information. (c) Reimbursement by Commission. (d) Charges for transmission of distress messages. (e) Free services. 358. Master's control over operations. 359. Certificates of compliance; issuance, modification, and cancellation. 360. Station licenses; inspection of equipment by Commission. 361. Control by Commission; review of decisions. 362. Forfeitures; recovery. 363. Automated ship distress and safety systems. PART III - RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS FOR HIRE 381. Vessels transporting more than six passengers for hire required to be equipped with radiotelephone. 382. Vessels excepted from radiotelephone requirement. 383. Exemptions by Commission. 384. Authority of Commission; operations, installations, and additional equipment. 385. Inspections. 386. Forfeitures. PART IV - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR PUBLIC BROADCASTING; GENERAL PROVISIONS SUBPART A - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC TELECOMMUNICATIONS FACILITIES 390. Declaration of purpose. 391. Authorization of appropriations. 392. Grants for construction. (a) Applications for grants. (b) Amount of grant. (c) Information and assurances. (d) Studies. (e) Rules and regulations. (f) Minorities and women. (g) Recovering funds. (h) Recordkeeping requirements. (i) Accessibility of records. 392a. Repealed. 393. Criteria for approval and expenditures by Secretary. (a) Construction and planning grants. (b) Basis for determination. (c) Noncommercial radio broadcast station facilities. 393a. Long-range planning for facilities. SUBPART B - NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL TELEVISION 394. Establishment of National Endowment. (a) Purpose. (b) Establishment; contracts and grants. (c) Criteria for contracts and grants; applications for contracts and grants. (d) Amount of grants. (e) Advisory Council on Children's Educational Television. (f) Recordkeeping relating to grants; audits. (g) Issuance of rules and regulations. (h) Authorization of appropriations; availability. (i) Definitions. SUBPART C - TELECOMMUNICATIONS DEMONSTRATIONS 395. Assistance for demonstration projects. (a) Authorization for grants and contracts. (b) Application approval. (c) Contract with applicant. (d) Use of funds. (e) "Nonbroadcast telecommunications facilities" defined. (f) Funding. (g) Summary and evaluation. (h) Recordkeeping requirements; accessibility. (i) Rules and regulations. (j) Assistance. (k) Authorization of appropriations. SUBPART D - CORPORATION FOR PUBLIC BROADCASTING 396. Corporation for Public Broadcasting. (a) Congressional declaration of policy. (b) Establishment of Corporation; application of District of Columbia Nonprofit Corporation Act. (c) Board of Directors; functions, duties, etc. (d) Election of Chairman and Vice Chairman; compensation of Board members. (e) Officers and employees; term of office, compensation, qualifications, and removal; political party affiliation, political test or qualification when taking personnel actions. (f) Nonprofit and nonpolitical nature of Corporation. (g) Purposes and activities of Corporation; powers under District of Columbia Nonprofit Corporation Act. (h) Free or reduced rate interconnection service; access to facilities. (i) Report to Congress. (j) Repeal, alteration, or amendment. (k) Financing restrictions. (l) Financial management and records. (m) Needs of minorities and other groups. SUBPART E - GENERAL PROVISIONS 397. Definitions. 398. Federal interference or control. (a) Prohibition. (b) Equal opportunity employment. (c) Control over content or distribution of programs. 399. Support of political candidates prohibited. 399a. Use of business or institutional logograms. (a) "Business or institutional logogram" defined. (b) Permitted uses. (c) Authority of Commission not limited. 399b. Offering of certain services, facilities, or products by public broadcast station. (a) "Advertisement" defined. (b) Offering of services, facilities, or products permitted; advertisements prohibited. (c) Use of funds from offering services, etc. (d) Development of accounting system. SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS 401. Enforcement provisions. (a) Jurisdiction. (b) Orders of Commission. (c) Duty to prosecute. 402. Judicial review of Commission's orders and decisions. (a) Procedure. (b) Right to appeal. (c) Filing notice of appeal; contents; jurisdiction; temporary orders. (d) Notice to interested parties; filing of record. (e) Intervention. (f) Records and briefs. (g) Time of hearing; procedure. (h) Remand. (i) Judgment for costs. (j) Finality of decision; review by Supreme Court. 403. Inquiry by Commission on its own motion. 404. Reports of investigations. 405. Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition for reconsideration of order concluding hearing or investigation; appeal of order. 406. Compelling furnishing of facilities; mandamus; jurisdiction. 407. Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys' fees. 408. Order not for payment of money; when effective. 409. Hearings. (a) Filing of initial decisions; exceptions. (b) Exceptions to initial decisions; memoranda; determination of Commission or authority within Commission; prohibition against consideration of own decision. (c) Notice and opportunity for participation by parties; applicability of administrative procedure provisions. (d) Applicability of administrative procedure provisions. (e) Subpenas; witnesses; production of documents; fees and mileage. (f) Designated place of hearing; aid in enforcement of orders. (g) Contempts. (h) Depositions. (i) Oaths; testimony in writing. (j) Foreign depositions. (k) Deposition fees. (l) Repealed. (m) Penalties. 410. Joint boards and commissions. (a) State joint boards; reference of communication matters; composition; jurisdiction, powers, duties, and obligations; conduct of proceedings; force and effect of joint board action; members: nomination, appointment, and rejection; allowances for expenses. (b) State commissions; conferences with Commission regarding matters of carriers subject to their jurisdiction; joint hearings; cooperation with Commission. (c) Federal-State Joint Board; reference of proceedings regarding jurisdictional separation of common carrier property and expenses between interstate and intrastate operations and other matters relating to common carrier communications of joint concern; jurisdiction, powers, duties, and obligations; recommendation of decisions; State members; presence at oral arguments and nonvoting participation in deliberations; composition; Chairman. 411. Joinder of parties. 412. Documents filed with Commission as public records; prima facie evidence; confidential records. 413. Designation of agent for service; method of service. 414. Exclusiveness of chapter. 415. Limitations of actions. (a) Recovery of charges by carrier. (b) Recovery of damages. (c) Recovery of overcharges. (d) Extension. (e) Accrual of cause of action for transmission of message. (f) Enforcement petition. (g) "Overcharges" defined. 416. Orders of Commission. (a) Service. (b) Suspension or modification. (c) Compliance. SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES 501. General penalty. 502. Violation of rules, regulations, etc. 503. Forfeitures. (a) Rebates and offsets. (b) Activities constituting violations authorizing imposition of forfeiture penalty; amount of penalty; procedures applicable; persons subject to penalty; liability exemption period. 504. Forfeitures. (a) Recovery. (b) Remission and mitigation. (c) Use of notice of apparent liability. 505. Venue of trials. 506. Repealed. 507. Violation of Great Lakes Agreement. 508. Disclosure of payments to individuals connected with broadcasts. (a) Payments to station employees. (b) Production or preparation of programs. (c) Supplying of program or program matter. (d) Waiver of announcements under section 317(d). (e) Announcement under section 317 as sufficient disclosure. (f) "Service or other valuable consideration" defined. (g) Penalties. 509. Prohibited practices in contests of knowledge, skill, or chance. (a) Influencing, prearranging, or predetermining outcome. (b) "Contest" and "the listening or viewing public" defined. (c) Penalties. 510. Forfeiture of communications devices. (a) Violation with willful and knowing intent. (b) Seizure. (c) Laws applicable to seizure and forfeiture. (d) Disposition of forfeited property. SUBCHAPTER V-A - CABLE COMMUNICATIONS PART I - GENERAL PROVISIONS 521. Purposes. 522. Definitions. PART II - USE OF CABLE CHANNELS AND CABLE OWNERSHIP RESTRICTIONS 531. Cable channels for public, educational, or governmental use. (a) Authority to establish requirements with respect to designation or use of channel capacity. (b) Authority to require designation for public, educational, or governmental use. (c) Enforcement authority. (d) Promulgation of rules and procedures. (e) Editorial control by cable operator. (f) "Institutional network" defined. 532. Cable channels for commercial use. (a) Purpose. (b) Designation of channel capacity for commercial use. (c) Use of channel capacity by unaffiliated persons; editorial control; restriction on service; rules on rates, terms, and conditions. (d) Right of action in district court; relief; factors not to be considered by court. (e) Petition to Commission; relief. (f) Presumption of reasonableness and good faith. (g) Promulgation of rules. (h) Cable service unprotected by Constitution. (i) Programming from qualified minority or educational programming sources. (j) Single channel access to indecent programming. 533. Ownership restrictions. (a) Cable operator holding license for multichannel distribution or offering satellite service. (b) Repealed. (c) Promulgation of rules. (d) Regulation of ownership by States or franchising authorities. (e) Holding of ownership interests or exercise of editorial control by States or franchising authorities. (f) Enhancement of effective competition. (g) Combination of interests under prior law. (h) "Media of mass communications" defined. 534. Carriage of local commercial television signals. (a) Carriage obligations. (b) Signals required. (c) Low power station carriage obligation. (d) Remedies. (e) Input selector switch rules abolished. (f) Regulations by Commission. (g) Sales presentations and program length commercials. (h) Definitions. 535. Carriage of noncommercial educational television. (a) Carriage obligations. (b) Requirements to carry qualified stations. (c) Continued carriage of existing stations. (d) Placement of additional signals. (e) Systems with more than 36 channels. (f) Waiver of nonduplication rights. (g) Conditions of carriage. (h) Availability of signals. (i) Payment for carriage prohibited. (j) Remedies. (k) Identification of signals. (l) Definitions. 536. Regulation of carriage agreements. (a) Regulations. (b) "Video programming vendor" defined. 537. Sales of cable systems. PART III - FRANCHISING AND REGULATION 541. General franchise requirements. (a) Authority to award franchises; public rights-of-way and easements; equal access to service; time for provision of service; assurances. (b) No cable service without franchise; exception under prior law. (c) Status of cable system as common carrier or utility. (d) Informational tariffs; regulation by States; "State" defined. (e) State regulation of facilities serving subscribers in multiple dwelling units. (f) Local or municipal authority as multichannel video programming distributor. 542. Franchise fees. (a) Payment under terms of franchise. (b) Amount of fees per annum. (c) Itemization of subscriber bills. (d) Court actions; reflection of costs in rate structures. (e) Decreases passed through to subscribers. (f) Itemization of franchise fee in bill. (g) "Franchise fee" defined. (h) Uncompensated services; taxes, fees and other assessments; limitation on fees. (i) Regulatory authority of Federal agencies. 543. Regulation of rates. (a) Competition preference; local and Federal regulation. (b) Establishment of basic service tier rate regulations. (c) Regulation of unreasonable rates. (d) Uniform rate structure required. (e) Discrimination; services for the hearing impaired. (f) Negative option billing prohibited. (g) Collection of information. (h) Prevention of evasions. (i) Small system burdens. (j) Rate regulation agreements. (k) Reports on average prices. (l) Definitions. (m) Special rules for small companies. (n) Treatment of prior year losses. 544. Regulation of services, facilities, and equipment. (a) Regulation by franchising authority. (b) Requests for proposals; establishment and enforcement of requirements. (c) Enforcement authority respecting franchises effective under prior law. (d) Cable service unprotected by Constitution; blockage of premium channel upon request. (e) Technical standards. (f) Limitation on regulatory powers of Federal agencies, States, or franchising authorities; exceptions. (g) Access to emergency information. (h) Notice of changes in and comments on services. (i) Disposition of cable upon termination of service. 544a. Consumer electronics equipment compatibility. (a) Findings. (b) Compatible interfaces. (c) Rulemaking requirements. (d) Review of regulations. 545. Modification of franchise obligations. (a) Grounds for modification by franchising authority; public proceeding; time of decision. (b) Judicial proceedings; grounds for modification by court. (c) Rearrangement, replacement, or removal of service. (d) Rearrangement of particular services from one service tier to another or other offering of service. (e) Requirements for services relating to public, educational, or governmental access. (f) "Commercially impracticable" defined. 546. Renewal. (a) Commencement of proceedings; public notice and participation. (b) Submission of renewal proposals; contents; time. (c) Notice of proposal; renewal; preliminary assessment of nonrenewal; administrative review; issues; notice and opportunity for hearing; transcript; written decision. (d) Basis for denial. (e) Judicial review; grounds for relief. (f) Finality of administrative decision. (g) "Franchise expiration" defined. (h) Alternative renewal procedures. (i) Effect of renewal procedures upon action to revoke franchise for cause. 547. Conditions of sale. 548. Development of competition and diversity in video programming distribution. (a) Purpose. (b) Prohibition. (c) Regulations required. (d) Adjudicatory proceeding. (e) Remedies for violations. (f) Procedures. (g) Reports. (h) Exemptions for prior contracts. (i) Definitions. (j) Common carriers. 549. Competitive availability of navigation devices. (a) Commercial consumer availability of equipment used to access services provided by multichannel video programming distributors. (b) Protection of system security. (c) Waiver. (d) Avoidance of redundant regulations. (e) Sunset. (f) Commission's authority. PART IV - MISCELLANEOUS PROVISIONS 551. Protection of subscriber privacy. (a) Notice to subscriber regarding personally identifiable information; definitions. (b) Collection of personally identifiable information using cable system. (c) Disclosure of personally identifiable information. (d) Subscriber access to information. (e) Destruction of information. (f) Civil action in United States district court; damages; attorney's fees and costs; nonexclusive nature of remedy. (g) Regulation by States or franchising authorities. (h) Disclosure of information to governmental entity pursuant to court order. 552. Consumer protection and customer service. (a) Franchising authority enforcement. (b) Commission standards. (c) Subscriber notice. (d) Consumer protection laws and consumer service agreements. 553. Unauthorized reception of cable service. (a) Unauthorized interception or receipt or assistance in intercepting or receiving service; "assist in intercepting or receiving" defined. (b) Penalties for willful violation. (c) Civil action in district court; injunctions; damages; attorney's fees and costs; regulation by States or franchising authorities. 554. Equal employment opportunity. (a) Entities within scope of coverage. (b) Discrimination prohibited. (c) Equal opportunity programs; establishment; maintenance; execution; terms. (d) Revision of rules; required provisions; annual statistical report; notice and comment on amendments. (e) Annual certification of compliance; periodic investigation of employment practices. (f) Substantial failure to comply; penalties; notice to public and franchising authorities. (g) Discrimination complaints; investigation; enforcement. (h) "Cable operator" defined; owners of multiple unit dwellings. (i) Regulatory powers of States and franchising authorities; nonexclusive nature of remedies and enforcement provisions; covered franchises. 555. Judicial proceedings. (a) Actions to review determinations by franchising authorities. (b) Available relief. (c) Review of constitutionality of sections 534 and 535. 555a. Limitation of franchising authority liability. (a) Suits for damages prohibited. (b) Exception for completed cases. (c) Discrimination claims permitted. (d) Rule of construction. 556. Coordination of Federal, State, and local authority. (a) Regulation by States, political subdivisions, State and local agencies, and franchising authorities. (b) State jurisdiction with regard to cable services. (c) Preemption. (d) "State" defined. 557. Existing franchises. 558. Criminal and civil liability. 559. Obscene programming. 560. Scrambling of cable channels for nonsubscribers. (a) Subscriber request. (b) "Scramble" defined. 561. Scrambling of sexually explicit adult video service programming. (a) Requirement. (b) Implementation. (c) "Scramble" defined. PART V - VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES 571. Regulatory treatment of video programming services. (a) Limitations on cable regulation. (b) Limitations on interconnection obligations. (c) Additional regulatory relief. 572. Prohibition on buy outs. (a) Acquisitions by carriers. (b) Acquisitions by cable operators. (c) Joint ventures. (d) Exceptions. (e) "Telephone service area" defined. 573. Establishment of open video systems. (a) Open video systems. (b) Commission actions. (c) Reduced regulatory burdens for open video systems. (d) "Telephone service area" defined. SUBCHAPTER VI - MISCELLANEOUS PROVISIONS 601. Interstate Commerce Commission and Postmaster General; duties, powers, and functions transferred to Commission. 602, 603. Repealed. 604. Effect of transfer. (a) Orders, determinations, rules, regulations, permits, contracts, licenses, and privileges. (b) Availability of records. 605. Unauthorized publication or use of communications. (a) Practices prohibited. (b) Exceptions. (c) Scrambling of Public Broadcasting Service programming. (d) Definitions. (e) Penalties; civil actions; remedies; attorney's fees and costs; computation of damages; regulation by State and local authorities. (f) Rights, obligations, and liabilities under other laws unaffected. (g) Universal encryption standard. (h) Rulemaking for encryption standard. 606. War powers of President. (a) Priority communications. (b) Obstruction of interstate or foreign communications. (c) Suspension or amendment of rules and regulations applicable to certain emission stations or devices. (d) Suspension or amendment of rules and regulations applicable to wire communications; closing of facilities; Government use of facilities. (e) Compensation. (f) Affect on State laws and powers. (g) Limitations upon Presidential power. (h) Penalties. 607. Effective date of chapter. 608. Separability. 609. Short title. 610. Telephone service for disabled. (a) Establishment of regulations. (b) Hearing aid compatibility requirements. (c) Technical standards. (d) Labeling of packaging materials for equipment. (e) Costs and benefits; encouragement of use of currently available technology. (f) Periodic review of regulations; retrofitting. (g) Recovery of reasonable and prudent costs. (h) State enforcement. 611. Closed-captioning of public service announcements. 612. Syndicated exclusivity. 613. Video programming accessibility. (a) Commission inquiry. (b) Accountability criteria. (c) Deadlines for captioning. (d) Exemptions. (e) Undue burden. (f) Video descriptions inquiry. (g) Video description. (h) Private rights of actions prohibited. 614. Telecommunications Development Fund. (a) Purpose of section. (b) Establishment of Fund. (c) Board of Directors. (d) Accounts of Fund. (e) Use of Fund. (f) Lending and credit operations. (g) Return of advances. (h) General corporate powers. (i) Accounting, auditing, and reporting. (j) Report on audits by Treasury. (k) Definitions. 615. Support for universal emergency telephone number. 615a. Parity of protection for provision or use of wireless service. (a) Provider parity. (b) User parity. (c) PSAP parity. (d) Basis for enactment. 615b. Definitions. -End- -CITE- 47 USC SUBCHAPTER I - GENERAL PROVISIONS 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -End- -CITE- 47 USC Sec. 151 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 151. Purposes of chapter; Federal Communications Commission created -STATUTE- For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the "Federal Communications Commission", which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter. -SOURCE- (June 19, 1934, ch. 652, title I, Sec. 1, 48 Stat. 1064; May 20, 1937, ch. 229, Sec. 1, 50 Stat. 189; Pub. L. 104-104, title I, Sec. 104, Feb. 8, 1996, 110 Stat. 86.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. -MISC1- AMENDMENTS 1996 - Pub. L. 104-104 inserted ", without discrimination on the basis of race, color, religion, national origin, or sex," after "to all the people of the United States". 1937 - Act May 20, 1937, inserted "for the purpose of promoting safety of life and property through the use of wire and radio communication". MORATORIUM ON INTERNET TAXES Pub. L. 105-277, div. C, title XI, Oct. 21, 1998, 112 Stat. 2681- 719, as amended by Pub. L. 107-75, Sec. 2, Nov. 28, 2001, 115 Stat. 703; Pub. L. 108-435, Secs. 2-6A, Dec. 3, 2004, 118 Stat. 2615-2618, provided that: "SEC. 1100. SHORT TITLE. "This title may be cited as the 'Internet Tax Freedom Act'. "SEC. 1101. MORATORIUM. "(a) Moratorium. - No State or political subdivision thereof may impose any of the following taxes during the period beginning November 1, 2003, and ending November 1, 2007: "(1) Taxes on Internet access. "(2) Multiple or discriminatory taxes on electronic commerce. "(b) Preservation of State and Local Taxing Authority. - Except as provided in this section, nothing in this title shall be construed to modify, impair, or supersede, or authorize the modification, impairment, or superseding of, any State or local law pertaining to taxation that is otherwise permissible by or under the Constitution of the United States or other Federal law and in effect on the date of enactment of this Act [Oct. 21, 1998]. "(c) Liabilities and Pending Cases. - Nothing in this title affects liability for taxes accrued and enforced before the date of enactment of this Act, nor does this title affect ongoing litigation relating to such taxes. "(d) Exception to Moratorium. - "(1) In general. - Subsection (a) shall also not apply in the case of any person or entity who knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors unless such person or entity has restricted access by minors to material that is harmful to minors - "(A) by requiring use of a credit card, debit account, adult access code, or adult personal identification number; "(B) by accepting a digital certificate that verifies age; or "(C) by any other reasonable measures that are feasible under available technology. "(2) Scope of exception. - For purposes of paragraph (1), a person shall not be considered to [be] making a communication for commercial purposes of material to the extent that the person is - "(A) a telecommunications carrier engaged in the provision of a telecommunications service; "(B) a person engaged in the business of providing an Internet access service; "(C) a person engaged in the business of providing an Internet information location tool; or "(D) similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the communication. "(3) Definitions. - In this subsection: "(A) By means of the world wide web. - The term 'by means of the World Wide Web' means by placement of material in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol, file transfer protocol, or other similar protocols. "(B) Commercial purposes; engaged in the business. - "(i) Commercial purposes. - A person shall be considered to make a communication for commercial purposes only if such person is engaged in the business of making such communications. "(ii) Engaged in the business. - The term 'engaged in the business' means that the person who makes a communication, or offers to make a communication, by means of the World Wide Web, that includes any material that is harmful to minors, devotes time, attention, or labor to such activities, as a regular course of such person's trade or business, with the objective of earning a profit as a result of such activities (although it is not necessary that the person make a profit or that the making or offering to make such communications be the person's sole or principal business or source of income). A person may be considered to be engaged in the business of making, by means of the World Wide Web, communications for commercial purposes that include material that is harmful to minors, only if the person knowingly causes the material that is harmful to minors to be posted on the World Wide Web or knowingly solicits such material to be posted on the World Wide Web. "(C) Internet. - The term 'Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. "(D) Internet access service. - The term 'Internet access service' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. The term 'Internet access service' does not include telecommunications services, except to the extent such services are purchased, used, or sold by a provider of Internet access to provide Internet access. "(E) Internet information location tool. - The term 'Internet information location tool' means a service that refers or links users to an online location on the World Wide Web. Such term includes directories, indices, references, pointers, and hypertext links. "(F) Material that is harmful to minors. - The term 'material that is harmful to minors' means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that - "(i) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; "(ii) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and "(iii) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. "(G) Minor. - The term 'minor' means any person under 17 years of age. "(H) Telecommunications carrier; telecommunications service. - The terms 'telecommunications carrier' and 'telecommunications service' have the meanings given such terms in section 3 of the Communications Act of 1934 (47 U.S.C. 153). "(e) Additional Exception to Moratorium. - "(1) In general. - Subsection (a) shall also not apply with respect to an Internet access provider, unless, at the time of entering into an agreement with a customer for the provision of Internet access services, such provider offers such customer (either for a fee or at no charge) screening software that is designed to permit the customer to limit access to material on the Internet that is harmful to minors. "(2) Definitions. - In this subsection: "(A) Internet access provider. - The term 'Internet access provider' means a person engaged in the business of providing a computer and communications facility through which a customer may obtain access to the Internet, but does not include a common carrier to the extent that it provides only telecommunications services. "(B) Internet access services. - The term 'Internet access services' means the provision of computer and communications services through which a customer using a computer and a modem or other communications device may obtain access to the Internet, but does not include telecommunications services provided by a common carrier. "(C) Screening software. - The term 'screening software' means software that is designed to permit a person to limit access to material on the Internet that is harmful to minors. "(3) Applicability. - Paragraph (1) shall apply to agreements for the provision of Internet access services entered into on or after the date that is 6 months after the date of enactment of this Act [Oct. 21, 1998]. "SEC. 1102. ADVISORY COMMISSION ON ELECTRONIC COMMERCE. "(a) Establishment of Commission. - There is established a commission to be known as the Advisory Commission on Electronic Commerce (in this title referred to as the 'Commission'). The Commission shall - "(1) be composed of 19 members appointed in accordance with subsection (b), including the chairperson who shall be selected by the members of the Commission from among themselves; and "(2) conduct its business in accordance with the provisions of this title. "(b) Membership. - "(1) In general. - The Commissioners shall serve for the life of the Commission. The membership of the Commission shall be as follows: "(A) 3 representatives from the Federal Government, comprised of the Secretary of Commerce, the Secretary of the Treasury, and the United States Trade Representative (or their respective delegates). "(B) 8 representatives from State and local governments (one such representative shall be from a State or local government that does not impose a sales tax and one representative shall be from a State that does not impose an income tax). "(C) 8 representatives of the electronic commerce industry (including small business), telecommunications carriers, local retail businesses, and consumer groups, comprised of - "(i) 5 individuals appointed by the Majority Leader of the Senate; "(ii) 3 individuals appointed by the Minority Leader of the Senate; "(iii) 5 individuals appointed by the Speaker of the House of Representatives; and "(iv) 3 individuals appointed by the Minority Leader of the House of Representatives. "(2) Appointments. - Appointments to the Commission shall be made not later than 45 days after the date of the enactment of this Act [Oct. 21, 1998]. The chairperson shall be selected not later than 60 days after the date of the enactment of this Act. "(3) Vacancies. - Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. "(c) Acceptance of Gifts and Grants. - The Commission may accept, use, and dispose of gifts or grants of services or property, both real and personal, for purposes of aiding or facilitating the work of the Commission. Gifts or grants not used at the expiration of the Commission shall be returned to the donor or grantor. "(d) Other Resources. - The Commission shall have reasonable access to materials, resources, data, and other information from the Department of Justice, the Department of Commerce, the Department of State, the Department of the Treasury, and the Office of the United States Trade Representative. The Commission shall also have reasonable access to use the facilities of any such Department or Office for purposes of conducting meetings. "(e) Sunset. - The Commission shall terminate 18 months after the date of the enactment of this Act [Oct. 21, 1998]. "(f) Rules of the Commission. - "(1) Quorum. - Nine members of the Commission shall constitute a quorum for conducting the business of the Commission. "(2) Meetings. - Any meetings held by the Commission shall be duly noticed at least 14 days in advance and shall be open to the public. "(3) Opportunities to testify. - The Commission shall provide opportunities for representatives of the general public, taxpayer groups, consumer groups, and State and local government officials to testify. "(4) Additional rules. - The Commission may adopt other rules as needed. "(g) Duties of the Commission. - "(1) In general. - The Commission shall conduct a thorough study of Federal, State and local, and international taxation and tariff treatment of transactions using the Internet and Internet access and other comparable intrastate, interstate or international sales activities. "(2) Issues to be studied. - The Commission may include in the study under subsection (a) - "(A) an examination of - "(i) barriers imposed in foreign markets on United States providers of property, goods, services, or information engaged in electronic commerce and on United States providers of telecommunications services; and "(ii) how the imposition of such barriers will affect United States consumers, the competitiveness of United States citizens providing property, goods, services, or information in foreign markets, and the growth and maturing of the Internet; "(B) an examination of the collection and administration of consumption taxes on electronic commerce in other countries and the United States, and the impact of such collection on the global economy, including an examination of the relationship between the collection and administration of such taxes when the transaction uses the Internet and when it does not; "(C) an examination of the impact of the Internet and Internet access (particularly voice transmission) on the revenue base for taxes imposed under section 4251 of the Internal Revenue Code of 1986 [26 U.S.C. 4251]; "(D) an examination of model State legislation that - "(i) would provide uniform definitions of categories of property, goods, service, or information subject to or exempt from sales and use taxes; and "(ii) would ensure that Internet access services, online services, and communications and transactions using the Internet, Internet access service, or online services would be treated in a tax and technologically neutral manner relative to other forms of remote sales; "(E) an examination of the effects of taxation, including the absence of taxation, on all interstate sales transactions, including transactions using the Internet, on retail businesses and on State and local governments, which examination may include a review of the efforts of State and local governments to collect sales and use taxes owed on in-State purchases from out-of-State sellers; and "(F) the examination of ways to simplify Federal and State and local taxes imposed on the provision of telecommunications services. "(3) Effect on the communications act of 1934. - Nothing in this section shall include an examination of any fees or charges imposed by the Federal Communications Commission or States related to - "(A) obligations under the Communications Act of 1934 (47 U.S.C. 151 et seq.); or "(B) the implementation of the Telecommunications Act of 1996 [Pub. L. 104-104, see Short Title of 1996 Amendment note set out under section 609 of this title] (or of amendments made by that Act). "(h) National Tax Association Communications and Electronic Commerce Tax Project. - The Commission shall, to the extent possible, ensure that its work does not undermine the efforts of the National Tax Association Communications and Electronic Commerce Tax Project. "SEC. 1103. REPORT. "Not later than 18 months after the date of the enactment of this Act [Oct. 21, 1998], the Commission shall transmit to Congress for its consideration a report reflecting the results, including such legislative recommendations as required to address the findings of the Commission's study under this title. Any recommendation agreed to by the Commission shall be tax and technologically neutral and apply to all forms of remote commerce. No finding or recommendation shall be included in the report unless agreed to by at least two- thirds of the members of the Commission serving at the time the finding or recommendation is made. "SEC. 1104. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS. "(a) Pre-October 1998 Taxes. - "(1) In general. - Section 1101(a) does not apply to a tax on Internet access that was generally imposed and actually enforced prior to October 1, 1998, if, before that date - "(A) the tax was authorized by statute; and "(B) either - "(i) a provider of Internet access services had a reasonable opportunity to know, by virtue of a rule or other public proclamation made by the appropriate administrative agency of the State or political subdivision thereof, that such agency has interpreted and applied such tax to Internet access services; or "(ii) a State or political subdivision thereof generally collected such tax on charges for Internet access. "(2) Termination. - "(A) In general. - Except as provided in subparagraph (B), this subsection shall not apply after November 1, 2007. "(B) State telecommunications service tax. - "(i) Date for termination. - This subsection shall not apply after November 1, 2006, with respect to a State telecommunications service tax described in clause (ii). "(ii) Description of tax. - A State telecommunications service tax referred to in subclause (i) is a State tax - "(I) enacted by State law on or after October 1, 1991, and imposing a tax on telecommunications service; and "(II) applied to Internet access through administrative code or regulation issued on or after December 1, 2002. "(b) Pre-November 2003 Taxes. - "(1) In general. - Section 1101(a) does not apply to a tax on Internet access that was generally imposed and actually enforced as of November 1, 2003, if, as of that date, the tax was authorized by statute and - "(A) a provider of Internet access services had a reasonable opportunity to know by virtue of a public rule or other public proclamation made by the appropriate administrative agency of the State or political subdivision thereof, that such agency has interpreted and applied such tax to Internet access services; and "(B) a State or political subdivision thereof generally collected such tax on charges for Internet access. "(2) Termination. - This subsection shall not apply after November 1, 2005. "SEC. 1105. DEFINITIONS. "For the purposes of this title: "(1) Bit tax. - The term 'bit tax' means any tax on electronic commerce expressly imposed on or measured by the volume of digital information transmitted electronically, or the volume of digital information per unit of time transmitted electronically, but does not include taxes imposed on the provision of telecommunications services. "(2) Discriminatory tax. - The term 'discriminatory tax' means - "(A) any tax imposed by a State or political subdivision thereof on electronic commerce that - "(i) is not generally imposed and legally collectible by such State or such political subdivision on transactions involving similar property, goods, services, or information accomplished through other means; "(ii) is not generally imposed and legally collectible at the same rate by such State or such political subdivision on transactions involving similar property, goods, services, or information accomplished through other means, unless the rate is lower as part of a phase-out of the tax over not more than a 5-year period; "(iii) imposes an obligation to collect or pay the tax on a different person or entity than in the case of transactions involving similar property, goods, services, or information accomplished through other means; "(iv) establishes a classification of Internet access service providers or online service providers for purposes of establishing a higher tax rate to be imposed on such providers than the tax rate generally applied to providers of similar information services delivered through other means; or "(B) any tax imposed by a State or political subdivision thereof, if - "(i) the sole ability to access a site on a remote seller's out-of-State computer server is considered a factor in determining a remote seller's tax collection obligation; or "(ii) a provider of Internet access service or online services is deemed to be the agent of a remote seller for determining tax collection obligations solely as a result of - "(I) the display of a remote seller's information or content on the out-of-State computer server of a provider of Internet access service or online services; or "(II) the processing of orders through the out-of-State computer server of a provider of Internet access service or online services. "(3) Electronic commerce. - The term 'electronic commerce' means any transaction conducted over the Internet or through Internet access, comprising the sale, lease, license, offer, or delivery of property, goods, services, or information, whether or not for consideration, and includes the provision of Internet access. "(4) Internet. - The term 'Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. "(5) Internet access. - The term 'Internet access' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to users. The term 'Internet access' does not include telecommunications services, except to the extent such services are purchased, used, or sold by a provider of Internet access to provide Internet access. "(6) Multiple tax. - "(A) In general. - The term 'multiple tax' means any tax that is imposed by one State or political subdivision thereof on the same or essentially the same electronic commerce that is also subject to another tax imposed by another State or political subdivision thereof (whether or not at the same rate or on the same basis), without a credit (for example, a resale exemption certificate) for taxes paid in other jurisdictions. "(B) Exception. - Such term shall not include a sales or use tax imposed by a State and 1 or more political subdivisions thereof on the same electronic commerce or a tax on persons engaged in electronic commerce which also may have been subject to a sales or use tax thereon. "(C) Sales or use tax. - For purposes of subparagraph (B), the term 'sales or use tax' means a tax that is imposed on or incident to the sale, purchase, storage, consumption, distribution, or other use of tangible personal property or services as may be defined by laws imposing such tax and which is measured by the amount of the sales price or other charge for such property or service. "(7) State. - The term 'State' means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States. "(8) Tax. - "(A) In general. - The term 'tax' means - "(i) any charge imposed by any governmental entity for the purpose of generating revenues for governmental purposes, and is not a fee imposed for a specific privilege, service, or benefit conferred; or "(ii) the imposition on a seller of an obligation to collect and to remit to a governmental entity any sales or use tax imposed on a buyer by a governmental entity. "(B) Exception. - Such term does not include any franchise fee or similar fee imposed by a State or local franchising authority, pursuant to section 622 or 653 of the Communications Act of 1934 (47 U.S.C. 542, 573), or any other fee related to obligations or telecommunications carriers under the Communications Act of 1934 (47 U.S.C. 151 et seq.). "(9) Telecommunications service. - The term 'telecommunications service' has the meaning given such term in section 3(46) of the Communications Act of 1934 (47 U.S.C. 153(46)) and includes communications services (as defined in section 4251 of the Internal Revenue Code of 1986 [26 U.S.C. 4251]). "(10) Tax on internet access. - "(A) In general. - The term 'tax on Internet access' means a tax on Internet access, regardless of whether such tax is imposed on a provider of Internet access or a buyer of Internet access and regardless of the terminology used to describe the tax. "(B) General exception. - The term 'tax on Internet access' does not include a tax levied upon or measured by net income, capital stock, net worth, or property value. "SEC. 1106. ACCOUNTING RULE. "(a) In General. - If charges for Internet access are aggregated with and not separately stated from charges for telecommunications services or other charges that are subject to taxation, then the charges for Internet access may be subject to taxation unless the Internet access provider can reasonably identify the charges for Internet access from its books and records kept in the regular course of business. "(b) Definitions. - In this section: "(1) Charges for internet access. - The term 'charges for Internet access' means all charges for Internet access as defined in section 1105(5). "(2) Charges for telecommunications services. - The term 'charges for telecommunications services' means all charges for telecommunications services, except to the extent such services are purchased, used, or sold by a provider of Internet access to provide Internet access. "SEC. 1107. EFFECT ON OTHER LAWS. "(a) Universal Service. - Nothing in this Act [probably means "this title"] shall prevent the imposition or collection of any fees or charges used to preserve and advance Federal universal service or similar State programs - "(1) authorized by section 254 of the Communications Act of 1934 (47 U.S.C. 254); or "(2) in effect on February 8, 1996. "(b) 911 and E-911 Services. - Nothing in this Act [probably means "this title"] shall prevent the imposition or collection, on a service used for access to 911 or E-911 services, of any fee or charge specifically designated or presented as dedicated by a State or political subdivision thereof for the support of 911 or E-911 services if no portion of the revenue derived from such fee or charge is obligated or expended for any purpose other than support of 911 or E-911 services. "(c) Non-Tax Regulatory Proceedings. - Nothing in this Act [probably means "this title"] shall be construed to affect any Federal or State regulatory proceeding that is not related to taxation. "SEC. 1108. EXCEPTION FOR VOICE SERVICES OVER THE INTERNET. "Nothing in this Act [probably means "this title"] shall be construed to affect the imposition of tax on a charge for voice or similar service utilizing Internet Protocol or any successor protocol. This section shall not apply to any services that are incidental to Internet access, such as voice-capable e-mail or instant messaging. "SEC. 1109. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE. "Nothing in this Act [probably means "this title"] shall prohibit Texas or a political subdivision thereof from imposing or collecting the Texas municipal access line fee pursuant to Texas Local Govt. Code Ann. ch. 283 (Vernon 2005) and the definition of access line as determined by the Public Utility Commission of Texas in its 'Order Adopting Amendments to Section 26.465 As Approved At The February 13, 2003 Public Hearing', issued March 5, 2003, in Project No. 26412." [Pub. L. 108-435, Sec. 8, Dec. 3, 2004, 118 Stat. 2619, provided that: "The amendments made by this Act [amending title XI of div. C of Pub. L. 105-277, set out above] take effect on November 1, 2003."] STYLISTIC CONSISTENCY Section 101(c) of title I of Pub. L. 104-104 provided that: "The Act [Communications Act of 1934 (47 U.S.C. 151 et seq.)] is amended so that - "(1) the designation and heading of each title of the Act shall be in the form and typeface of the designation and heading of this title of this Act [110 Stat. 61]; and "(2) the designation and heading of each part of each title of the Act shall be in the form and typeface of the designation and heading of part I of title II of the Act [110 Stat. 61], as amended by subsection (a)." STUDY OF TELECOMMUNICATIONS AND INFORMATION GOALS Pub. L. 97-259, title II, Sec. 202, Sept. 13, 1982, 96 Stat. 1099, provided that: "(a) The National Telecommunications and Information Administration shall conduct a comprehensive study of the long- range international telecommunications and information goals of the United States, the specific international telecommunications and information policies necessary to promote those goals and the strategies that will ensure that the United States achieves them. The Administration shall further conduct a review of the structures, procedures, and mechanisms which are utilized by the United States to develop international telecommunications and information policy. "(b) In any study or review conducted pursuant to this section, the National Telecommunications and Information Administration shall not make public information regarding usage or traffic patterns which would damage United States commercial interests. Any such study or review shall be limited to international telecommunications policies or to domestic telecommunications issues which directly affect such policies." COMMISSION ON GOVERNMENTAL USE OF INTERNATIONAL TELECOMMUNICATIONS Act July 29, 1954, ch. 647, 68 Stat. 587, established the Commission on Governmental Use of International Telecommunications to examine, study and report on the objectives, operations, and effectiveness of information programs with respect to the prompt development of techniques, methods, and programs for greatly expanded and far more effective operations in this vital area of foreign policy through the use of foreign telecommunications. The Commission was required to make a report of its findings and recommendations on or before Dec. 31, 1954, and the Commission ceased to exist 90 days after submission of its report to the Congress. COMMUNICATION PRIVILEGES TO PARTICIPANTS IN WORLD TELECOMMUNICATION CONFERENCES Act May 13, 1947, ch. 51, 61 Stat. 83, provided that nothing in this chapter, or in any other provision of law should be construed to prohibit United States communication common carriers from rendering free communication services to official participants in the world telecommunications conferences which were held in the United States in 1947. -EXEC- EXECUTIVE ORDER NO. 10460 Ex. Ord. No. 10460, eff. June 18, 1953, 18 F.R. 3513, as amended by Ex. Ord. No. 10773, eff. July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, eff. Sept. 8, 1958, 23 F.R. 6971, which related to the performance of telecommunication functions by Director of the Office of Civil and Defense Mobilization, was revoked by section 4 of Ex. Ord. No. 10995, eff. Feb. 16, 1962, 27 F.R. 1519. -End- -CITE- 47 USC Sec. 152 01/02/2006 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 152. Application of chapter -STATUTE- (a) The provisions of this chapter shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/or is received within the United States, and to all persons en