Communications Act of 1934

COMMUNICATIONS ACT OF 1934

AN ACT To provide for the regulation of interstate and foreign communication by wire orradio, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled,

TITLE I--GENERAL PROVISIONS
SEC. 1. [47 U.S.C. 151] PURPOSES OF ACT, CREATION OF FEDERALCOMMUNICATIONS COMMISSION.
For the purpose of regulating interstate and foreign commerce in communication by wire andradio 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, Nationwide, and world-wide wire and radio communication service with adequate facilities at reasonablecharges, for the purpose of the national defense, for the purpose of promoting safety of life andproperty through the use of wire and radio communication, 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 wireand radio communication, there is hereby 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 Act.
SEC. 2. [47 U.S.C. 152] APPLICATION OF ACT.
(a) The provisions of this act shall apply to all interstate and foreign communication by wireor radio and all interstate and foreign transmission of energy by radio, which originates and/or isreceived within the United States, and to all persons engaged within the United States in such
communication or such transmission of energy by radio, and to the licensing and regulating of allradio stations as hereinafter provided; but it shall not apply to persons engaged in wire or radio
communication or transmission in the Canal Zone, or to wire or radio communication or transmission
wholly within the Canal Zone. The provisions of this Act shall apply with respect to cable service, toall persons engaged within the United States in providing such service, and to the facilities of cable
operators which relate to such service, as provided in title VI.
(b) Except as provided in sections 223 through 227, inclusive, and section 332, and subject
to the provisions of section 301 and title VI, nothing in this Act shall be construed to apply or to give1Communications Act of 1934
the Commission jurisdiction with respect to (1) charges, classifications, practices, services, facilities,
or regulations for or in connection with intrastate communication service by wire or radio of any
carrier, or (2) any carrier engaged in interstate or foreign communication solely through physicalconnection with the facilities of another carrier not directly or indirectly controlling or controlled by,or under direct or indirect common control with such carrier, or (3) any carrier engaged in interstateor foreign communication solely through connection by radio, or by wire and radio, with facilities,
located in an adjoining State or in Canada or Mexico (where they adjoin the State in which the carrier
is doing business), of another carrier not directly or indirectly controlling or controlled by, or under
direct or indirect common control with such carrier, or (4) any carrier to which clause (2) or clause(3) would be applicable except for furnishing interstate mobile radio communication service or radio
communication service to mobile stations on land vehicles in Canada or Mexico; except that sections
201 through 205 of this Act, both inclusive, shall, except as otherwise provided therein, apply tocarriers described in clauses (2), (3), and (4).
SEC. 3. [47 U.S.C. 153] DEFINITIONS.
For the purposes of this Act, unless the context otherwise requires-(1) AFFILIATE.--The term ''affiliate'' means a person that (directly or indirectly) owns
or controls, is owned or controlled by, or is under common ownership or control with,another person. For purposes of this paragraph, the term ''own'' means to own an equity
interest (or the equivalent thereof) of more than 10 percent.
(2) AMATEUR STATION.--The term ''amateur station'' means a radio station operated
by a duly authorized person interested in radio technique solely with a personal aim andwithout pecuniary interest.
(3) AT&T CONSENT DECREE.--The term ''AT&T Consent Decree'' means the order
entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil
Action No. 82-0192, in the United States District Court for the District of Columbia, andincludes any judgment or order with respect to such action entered on or after August 24,
1982.
(4) BELL OPERATING COMPANY.--The term ''Bell operating company''-(A) means any of the following companies: Bell Telephone Company of
Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company,
Incorporated, Michigan Bell Telephone Company, New England Telephone andTelegraph Company, New Jersey Bell Telephone Company, New York Telephone
Company, U S West Communications Company, South Central Bell Telephone
Company, Southern Bell Telephone and Telegraph Company, Southwestern Bell
Telephone Company, The Bell Telephone Company of Pennsylvania, The Chesapeake
and Potomac Telephone Company, The Chesapeake and Potomac Telephone
Company of Maryland, The Chesapeake and Potomac Telephone Company ofVirginia, The Chesapeake and Potomac Telephone Company of West Virginia, The
Diamond State Telephone Company, The Ohio Bell Telephone Company, The PacificTelephone and Telegraph Company, or Wisconsin Telephone Company; and(B) includes any successor or assign of any such company that provides

2

Communications Act of 1934
wireline telephone exchange service; but(C) does not include an affiliate of any such company, other than an affiliate
described in subparagraph (A) or (B).
(5) BROADCAST STATION.--The term ''broadcast station,'' ''broadcasting station,'' or''radio broadcast station'' means a radio station equipped to engage in broadcasting as herein
defined.
(6) BROADCASTING.--The term ''broadcasting'' means the dissemination of radio
communications intended to be received by the public, directly or by the intermediary of relay
stations.
(7) CABLE SERVICE.--The term ''cable service'' has the meaning given such term in
section 602.
(8) CABLE SYSTEM.--The term ''cable system'' has the meaning given such term in
section 602.
(9) CHAIN BROADCASTING.--The term ''chain broadcasting'' means simultaneous
broadcasting of an identical program by two or more connected stations.
(10) COMMON CARRIER.--The term ''common carrier'' or ''carrier'' means any person
engaged as a common carrier for hire, in interstate or foreign communication by wire or radioor in interstate or foreign radio transmission of energy, except where reference is made tocommon carriers not subject to this Act; but a person engaged in radio broadcasting shall not,insofar as such person is so engaged, be deemed a common carrier.
(11) CONNECTING CARRIER.--The term ''connecting carrier'' means a carrier describedin clauses (2), (3), or (4) of section 2(b).
(12) CONSTRUCTION PERMIT.--The term ''construction permit'' or ''permit for
construction'' means that instrument of authorization required by this Act or the rules andregulations of the Commission made pursuant to this Act for the construction of a station, or
the installation of apparatus, for the transmission of energy, or communications, or signals byradio, by whatever name the instrument may be designated by the Commission.
(13) CORPORATION.--The term ''corporation'' includes any corporation, joint-stockcompany, or association.
(14) CUSTOMER PREMISES EQUIPMENT.--The term ''customer premises equipment''means equipment employed on the premises of a person (other than a carrier) to originate,route, or terminate telecommunications.
(15) DIALING PARITY.--The term ''dialing parity'' means that a person that is not an
affiliate of a local exchange carrier is able to provide telecommunications services in such amanner that customers have the ability to route automatically, without the use of any accesscode, their telecommunications to the telecommunications services provider of the customer's
designation from among 2 or more telecommunications services providers (including such
local exchange carrier).
(16) EXCHANGE ACCESS.--The term ''exchange access'' means the offering of accessto telephone exchange services or facilities for the purpose of the origination or terminationof telephone toll services.
(17) FOREIGN COMMUNICATION.--The term ''foreign communication'' or ''foreign3

Communications Act of 1934
transmission'' means communication or transmission from or to any place in the United States
to or from a foreign country, or between a station in the United States and a mobile station
located outside the United States.
(18) GREAT LAKES AGREEMENT.--The term ''Great Lakes Agreement'' means theAgreement for the Promotion of Safety on the Great Lakes by Means of Radio in force andthe regulations referred to therein.
(19) HARBOR.--The term ''harbor'' or ''port'' means any place to which ships may resort
for shelter or to load or unload passengers or goods, or to obtain fuel, water, or supplies. This
term shall apply to such places whether proclaimed public or not and whether natural or
artifical.
(20) INFORMATION SERVICE.--The term ''information service'' means the offering ofa 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 operationof a telecommunications system or the management of a telecommunications service.
(21) INTERLATA SERVICE.--The term ''interLATA service'' means telecommunications
between a point located in a local access and transport area and a point located outside sucharea.
(22) INTERSTATE COMMUNICATION.--The term ''interstate communication'' or''interstate transmission'' means communication or transmission (A) from any State, Territory,or possession of the United States (other than the Canal Zone), or the District of Columbia,
to any other State, Territory, or possession of the United States (other than the Canal Zone),or the District of Columbia, (B) from or to the United States to or from the Canal Zone,
insofar as such communication or transmission takes place within the United States, or (C)between points within the United States but through a foreign country; but shall not, withrespect to the provisions of title II of this Act (other than section 223 thereof), include wireor radio communication between points in the same State, Territory, or possession of theUnited States, or the District of Columbia, through any place outside thereof, if such
communication is regulated by a State commission.
(23) LAND STATION.--The term ''land station'' means a station, other than a mobile
station, used for radio communication with mobile stations.
(24) LICENSEE.--The term ''licensee'' means the holder of a radio station license
granted or continued in force under authority of this Act.
(25) LOCAL ACCESS AND TRANSPORT AREA.--The term ''local access and transportarea'' or ''LATA'' means a contiguous geographic area-(A) established before the date of enactment of the Telecommunications Act
of 1996 by a Bell operating company such that no exchange area includes points
within more than 1 metropolitan statistical area, consolidated metropolitan statisticalarea, or State, except as expressly permitted under the AT&T Consent Decree; or(B) established or modified by a Bell operating company after such date ofenactment and approved by the Commission.
(26) LOCAL EXCHANGE CARRIER.--The term ''local exchange carrier'' means any person

4Communications Act of 1934
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), except to the extent that the Commission finds that suchservice should be included in the definition of such term.
(27) MOBILE SERVICE.--The term ''mobile service'' means a radio communication
service carried on between mobile stations or receivers and land stations, and by mobile
stations communicating among themselves, and includes (A) both one-way and two-way radio
communication services, (B) a mobile service which provides a regularly interacting groupof 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 forwhich a license is required in a personal communications service established pursuant to theproceeding entitled ''Amendment to the Commission's Rules to Establish New PersonalCommunications Services'' (GEN Docket No. 90-314; ET Docket No. 92-100), or any
successor proceeding.
(28) MOBILE STATION.--The term ''mobile station'' means a radio-communication
station capable of being moved and which ordinarily does move.
(29) NETWORK ELEMENT.--The term ''network element'' means a facility or equipmentused 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 andcollection or used in the transmission, routing, or other provision of a telecommunications
service.
(30) NUMBER PORTABILITY.--The term ''number portability'' means the ability of usersof telecommunications services to retain, at the same location, existing telecommunications
numbers without impairment of quality, reliability, or convenience when switching from one
telecommunications carrier to another.
(31)(A) OPERATOR.--The term ''operator'' on a ship of the United States means, forthe purpose of parts II and III of title III of this Act, 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 title III of thisAct, a person holding a certificate as such of the proper class complying with the provisionof the radio regulations annexed to the International Telecommunication Convention in force,or complyng with an agreement or treaty between the United States and the country in which
the ship is registered.
(32) PERSON.--The term ''person'' includes an individual, partnership, association,
joint-stock company, trust, or corporation.
(33) RADIO COMMUNICATION.--The term ''radio communication'' or ''communication
by radio'' means the transmission by radio of writing, signs, signals, pictures, and sounds ofall kinds, including all instrumentalities, facilities, apparatus, and services (among other things,
the receipt, forwarding, and delivery of communications) incidental to such transmission.
(34)(A) RADIO OFFICER.--The term ''radio officer'' on a ship of the United States5Communications Act of 1934means, for the purpose of part II of title III of this Act, a person holding at least a first or
second clase 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 UnitedStates, he is also required to be licensed as a ''radio officer'' in accordance with the Act of May
12, 1948 (46 U.S.C. 229a-h).
(B) ''Radio officer'' on a foreign ship means, for the purpose of part II of title III ofthis Act, a person holding at least a first or second class radiotelegraph operator's certificatecomplying with the provisions of the radio regulations annexed to the International
Telecommunication Convention in force.
(35) RADIO STATION.--The term ''radio station'' or ''station'' means a station equipped
to engage in radio communication or radio transmission of energy.
(36) RADIOTELEGRAPH AUTO ALARM.--The term ''radiotelegraph auto alarm'' on a shipof the United States subject to the provisions of part II of title III of this Act means anautomatic alarm receiving apparatus which responds to the radiotelegraph alarm signal andhas 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 andhas been approved by the government of the country in which the ship is registered : Provide,
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 Act or in any other provision of law shall be construed to require the recognition of aradiotelegraph auto alarm as complying with part II of title III of this Act, on a foreign shipsubject to such part, where the country in which the ship is registered and the United States
are not parties to the same treaty, convention, or agreements prescribing the requirements forsuch apparatus.
(37) RURAL TELEPHONE COMPANY.--The term ''rural telephone company'' means alocal exchange carrier operating entity to the extent that such entity-(A) provides common carrier service to any local exchange carrier study areathat 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 the date of enactment of the Telecommunications Act of 1996.
(38) SAFETY CONVENTION.--The term ''safety convention'' means the International
Convention for the Safety of Life at Sea in force and the regulations referred to therein.
(39)(A) SHIP.--The term ''ship'' or ''vessel'' includes every description of watercraft or

6Communications Act of 1934
other artificial contrivance, except aircraft, used or capable of being used as a means oftransportation 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 certificatedto 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 becauseof the obligation laid upon the master to carry shipwrecked, distressed, or other persons inlike or similar situations or by reason of any circumstance over which neither the master, theowner, nor the charterer (if any) has control.
(E) ''Nuclear ship'' means a ship provided with a nuclear powerplant.
(40) STATE.--The term ''State'' includes the District of Columbia and the Territories
and possessions.
(41) STATE COMMISSION.--The term ''State commission'' means the commission,board, or official (by whatever name designated) which under the laws of any State has
regulatory jurisdiction with respect to intrastate operations of carriers.
(42) STATION LICENSE.--The term ''station license,'' ''radio station license,'' or ''license''means that instrument of authorization required by this Act or the rules and regulations of theCommission made pursuant to this Act, for the use or operation of apparatus for transmissionof energy, or communications, or signals by radio by whatever name the instrument may bedesignated by the Commission.
(43) TELECOMMUNICATIONS.--The term ''telecommunications'' means the transmission,
between or among points specified by the user, of information of the user's choosing, withoutchange 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).
A
telecommunications carrier shall be treated as a common carrier under this Act only to theextent that it is engaged in providing telecommunications services, except that theCommission shall determine whether the provision of fixed and mobile satellite service shallbe 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 telephoneexchanges within the same exchange area operated to furnish to subscribers

7

Communications Act of 1934
intercommunicating service of the character ordinarily furnished by a single exchange, andwhich is covered by the exchange service charge, or (B) comparable service provided througha system of switches, transmission equipment, or other facilities (or combination thereof) by
which a subscriber can originate and terminate a telecommunications service.
(48) TELEPHONE TOLL SERVICE.--The term ''telephone toll service'' means telephoneservice between stations in different exchange areas for which there is made a separate charge
not included in contracts with subscribers for exchange service.
(49) TRANSMISSION OF ENERGY BY RADIO.--The term ''transmission of energy byradio'' or ''radio transmission of energy'' includes both such transmission and all
instrumentalities, facilities, and services incidental to such transmission.
(50) UNITED STATES.--The term ''United States'' means the several States andTerritories, the District of Columbia, and the possessions of the United States, but does notinclude the Canal Zone.
(51) WIRE COMMUNICATION.--The term ''wire communication'' or ''communication by
wire'' means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid
of wire, cable, or other like connection between the points of origin and reception of suchtransmission, including all instrumentalities, facilities, apparatus, and services (among otherthings, the receipt, forwarding, and delivery of communications) incidental to suchtransmission.
SEC. 4. [47 U.S.C. 154] PROVISIONS RELATING TO THE COMMISSION.
(a) The Federal Communications Commission (in this Act referred to as the ''Commission'')shall be composed of five Commissioners appointed by the President, by and with the advice andconsent of the Senate, one of whom the President shall designate as chairman.
(b)(1) Each member of the Commission shall be a citizen of the United States.
(2)(A) No member of the Commission or person employed by the Commission shall-(i) be financially interested in any company or other entity engaged in the manufactureor sale of telecommunications equipment which is subject to regulation by the Commission;(ii) be financially interested in any company or other entity engaged in the business ofcommunication by wire or radio or in the use of the electromagnetic spectrum;(iii) be financially interested in any company or other entity which controls any
company or other entity specified in clause (i) or clause (ii), or which derives a significant
portion of its total income from ownership of stocks, bonds, or other securities of any suchcompany or other entity; or(iv) be employed by, hold any official relation to, or own any stocks, bonds, or othersecurities of, any person significantly regulated by the Commission under this Act;except that the prohibitions established in this subparagraph shall apply only to financial
interests in any company or other entity which has a significant interest in communications,manufacturing, or sales activities which are subject to regulation by the Commission.
(B)(i) The Commission shall have authority to waive, from time to time, the application of theprohibitions established in subparagraph (A) to persons employed by the Commission if theCommission determines that the financial interests of a person which are involved in a particular case8

Communications Act of 1934
are minimal, except that such waiver authority shall be subject to the provisions of section 208 of title
18, United States Code. The waiver authority established in this subparagraph shall not apply withrespect to members of the Commission.
(ii) In any case in which the Commission exercises the waiver authority established in thissubparagraph, the Commission shall publish notice of such action in the Federal Register and shallfurnish notice of such action to the appropriate committees of each House of the Congress. Each such
notice shall include information regarding the identity of the person receiving the waiver, the position
held by such person, and the nature of the financial interests which are the subject of the waiver.
(3) The Commission, in determining whether a company or other entity has a significant
interest in communications, manufacturing, or sales activities which are subject to regulation by theCommission, shall consider (without excluding other relevant factors)-(A) the revenues, investments, profits, and managerial efforts directed to the related
communications, manufacturing, or sales activities of the company or other entity involved,
as compared to the other aspects of the business of such company or other entity;(B) the extent to which the Commission regulates and oversees the activities of suchcompany or other entity;(C) the degree to which the economic interests of such company or other entity may
be affected by any action of the Commission; and(D) the perceptions held by the public regarding the business activities of suchcompany or other entity.
(4) Members of the Commission shall not engage in any other business, vocation, profession,or employment while serving as such members.
(5) The maximum number of commissioners who may be members of the same political party
shall be a number equal to the least number of commissioners which constitutes a majority of the full
membership of the Commission.
(c) Commissioners shall be appointed for terms of five years and until their successors areappointed and have been confirmed and taken the oath of office, except that they shall not continue
to serve beyond the expiration of the next session of Congress subsequent to the expiration of said
fixed term of office; except that any person chosen to fill a vacancy shall be appointed only for theunexpired term of the Commissioner whom he succeeds. No vacancy in the Commission shall impair
the right of the remaining commissioners to exercise all the powers of the Commission.
(d) Each Commissioner shall receive an annual salary at the annual rate payable from time totime for level IV of the Executive Schedule, payable in monthly installments. The Chairman of theCommission, during the period of his service as Chairman, shall receive an annual salary at the annual
rate payable from time to time for level III of the Executive Schedule.
(e) The principal office of the Commission shall be in the District of Columbia, where its
general sessions shall be held; but whenever the convenience of the public or of the parties may bepromoted or delay or expense prevented thereby, the Commission may hold special sessions in any
part of the United States.
(f)(1) The Commission shall have authority, subject to the provisions of the civil-service laws
and the Classification Act of 1949, as amended, to appoint such officers, engineers, accountants,
attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions.

9Communications Act of 1934
(2) Without regard to the civil-service laws, but subject to the Classification Act of 1949, eachcommissioner may appoint three professional assistants and a secretary, each of whom shall perform
such duties as such commissioner shall direct. In addition, the chairman of the Commission may
appoint, without regard to the civil-service laws, but subject to the Classification Act of 1949, an
administrative assistant who shall perform such duties as the chairman shall direct.
(3) The Commission shall fix a reasonable rate of extra compensation for overtime servicesof engineers in charge and radio engineers of the Field Engineering and Monitoring Bureau of theFederal Communications Commission, who may be required to remain on duty between the hours of
5 o'clock postmeridian and 8 o'clock antemeridian or on Sundays or holidays to perform services inconnection with the inspection of ship radio equipment and apparatus for the purposes of part II of
title III of this Act or the Great Lakes Agreement, on the basis of one-half day's additional pay foreach two hours or fraction thereof of at least one hour that the overtime extends beyond 5 o'clock
postmeridian (but not to exceed two and one-half days' pay for the full period from 5 o'clock
postmeridian to 8 o'clock antemeridian) and two additional days' pay for Sunday or holiday duty. The
said extra compensation for overtime services shall be paid by the master, owner, or agent of such
vessel to the local United States collector of customs or his representative, who shall deposit suchcollection into the Treasury of the United States to an appropriately designated receipt account:
Provided, That the amounts of such collections received by the said collector of customs or his
representatives shall be covered into the Treasury as miscellaneous receipts; and the payments of such
extra compensation to the several employees entitled thereto shall be made from the annual
appropriations for salaries and expenses of the Commission: Provided further, That to the extent thatthe annual appropriations which are hereby authorized to be made from the general fund of theTreasury are insufficient, there are hereby authorized to be appropriated from the general fund of theTreasury such additional amounts as may be necessary to the extent that the amounts of such receipts
are in excess of the amounts appropriated: Provided further, That such extra compensation shall be
paid if such field employees have been ordered to report for duty and have so reported whether theactual inspection of the radio equipment or apparatus takes place or not: And provided further, Thatin those ports where customary working hours are other than those hereinabove mentioned, theengineers in charge are vested with authority to regulate the hours of such employees so as to agreewith prevailing working hours in said ports where inspections are to be made, but nothing containedin this proviso shall be construed in any manner to alter the length of a working day for the engineers
in charge and radio engineers or the overtime pay herein fixed: and Provided further, That, in thealternative, an entity designated by the Commission may make the inspections referred to in thisparagraph.
(4)(A) The Commission, for purposes of preparing or administering any examination for anamateur station operator license, may accept and employ the voluntary and uncompensated servicesof any individual who holds an amateur station operator license of a higher class than the class oflicense for which the examination is being prepared or administered. In the case of examinations forthe highest class of amateur station operator license, the Commission may accept and employ suchservices of any individual who holds such class of license.
(B)(i) The Commission, for purposes of monitoring violations of any provision of this Act(and of any regulation prescribed by the Commission under this Act) relating to the amateur radio10Communications Act of 1934
service, may-(I) recruit and train any individual licensed by the Commission to operate an amateur
station; and(II) accept and employ the voluntary and uncompensated services of such individual.
(ii) The Commission, for purposes of recruiting and training individuals under clause (i) andfor purposes of screening, annotating, and summarizing violation reports referred under clause (i),may accept and employ the voluntary and uncompensated services of any amateur station operator
organization.
(iii) The functions of individuals recruited and trained under this subparagraph shall be limitedto-(I) the detection of improper amateur radio transmissions;(II) the conveyance to Commission personnel of information which is essential to theenforcement of this Act (or regulations prescribed by the Commission under this Act) relating
to the amateur radio service; and(III) issuing advisory notices, under the general direction of the Commission, topersons who apparently have violated any provision of this Act (or regulations prescribed by
the Commission under this Act) relating to the amateur radio service.
Nothing in this clause shall be construed to grant individuals recruited and trained under thissubparagraph any authority to issue sanctions to violators or to take any enforcement action otherthan any action which the Commission may prescribe by rule.
(C)(i) The Commission, for purposes of monitoring violations of any provision of this Act(and of any regulation prescribed by the Commission under this Act) relating to the citizens band
radio service, may-(I) recruit and train any citizens band radio operator; and(II) accept and employ the voluntary and uncompensated services of such operator.
(ii) The Commission, for purposes of recruiting and training individuals under clause (i) andfor purposes of screening, annotating, and summarizing violation reports referred under clause (i),may accept and employ the voluntary and uncompensated services of any citizens band radio operator
organization. The Commission, in accepting and employing services of individuals under thissubparagraph, shall seek to achieve a broad representation of individuals and organizations interested
in citizens band radio operation.
(iii) The functions of individuals recruited and trained under this subparagraph shall be limitedto-(I) the detection of improper citizens band radio transmissions;(II) the conveyance to Commission personnel of information which is essential to theenforcement of this Act (or regulations prescribed by the Commission under this Act) relating
to the citizens band radio service; and(III) issuing advisory notices, under the general direction of the Commission, topersons who apparently have violated any provision of this Act (or regulations prescribed by
the Commission under this Act) relating to the citizens band radio service.
Nothing in this clause shall be construed to grant individuals recruited and trained under thissubparagraph any authority to issue sanctions to violators or to take any enforcement action other11Communications Act of 1934
than any action which the Commission may prescribe by rule.
(D) The Commission shall have the authority to endorse certification of individuals to perform
transmitter installation, operation, maintenance, and repair duties in the private land mobile services
and fixed services (as defined by the Commission by rule) if such certification programs are conductedby organizations or committees which are representative of the users in those services and which
consist of individuals who are not officers or employees of the Federal Government.
(E) The authority of the Commission established in this paragraph shall not be subject to oraffected by the provisions of part III of title 5, United States Code, or section 3679(b) of the Revised
Statutes (31 U.S.C. 665(b)).
(F) Any person who provides services under this paragraph shall not be considered, by reasonof having provided such services, a Federal employee.
(G) The Commission, in accepting and employing services of individuals under subparagraphs(A) and (B), shall seek to achieve a broad representation of individuals and organizations interested
in amateur station operation.
(H) The Commission may establish rules of conduct and other regulations governing theservice of individuals under this paragraph.
(I) With respect to the acceptance of voluntary uncompensated services for the preparation,
processing, or administration of examinations for amateur station operator licenses, pursuant to
subparagraph (A) of this paragraph, individuals, or organizations which provide or coordinate such
authorized volunteer services may recover from examinees reimbursement for out-of-pocket costs.
The total amount of allowable cost reimbursement per examinee shall not exceed $4, adjusted
annually every January 1 for changes in the Department of Labor Consumer Price Index.
(5)(A) The Commission, for purposes of preparing and administering any examination for acommercial radio operator license or endorsement, may accept and employ the services of persons
that the Commission determines to be qualified. Any person so employed may not receive
compensation for such services, but may recover from examinees such fees as the Commission
permits, considering such factors as public service and cost estimates submitted by such person.
(B) The Commission may prescribe regulations to select, oversee, sanction, and dismiss any
person authorized under this paragraph to be employed by the Commission.
(C) Any person who provides services under this paragraph or who provides goods inconnection with such services shall not, by reason of having provided such service or goods, beconsidered a Federal or special government employee.
(g)(1) The Commission may make such expenditures (including expenditures for rent andpersonal services at the seat of government and elsewhere, for office supplies, lawbooks, periodicals,
and books of reference, for printing and binding, for land for use as sites for radio monitoring stations
and related facilities, including living quarters where necessary in remote areas, for the constructionof such stations and facilities, and for the improvement, furnishing, equipping, and repairing of suchstations and facilities and of laboratories and other related facilities (including construction of minor
subsidiary buildings and structures not exceeding $25,000 in any one instance) used in connection
with technical research activities), as may be necessary for the execution of the functions vested in
the Commission and as may be appropriated for by the Congress in accordance with theauthorizations of appropriations established in section 6. All expenditures of the Commission,

12Communications Act of 1934
including all necessary expenses for transportation incurred by the commissioners or by theiremployees, under their orders, in making any investigation or upon any official business in any otherplaces than in the city of Washington, shall be allowed and paid on the presentation of itemized
vouchers therefor approved by the chairman of the Commission or by such other members or officer
thereof as may be designated by the Commission for that purpose.
(2)(A) If-(i) the necessary expenses specified in the last sentence of paragraph (1) have been
incurred for the purpose of enabling commissioners or employees of the Commission toattend and participate in any convention, conference, or meeting;(ii) such attendance and participation are in furtherance of the functions of theCommission; and(iii) such attendance and participation are requested by the person sponsoring such
convention, conference, or meeting;then the Commission shall have authority to accept direct reimbursement from such sponsor
for such necessary expenses.
(B) The total amount of unreimbursed expenditures made by the Commission for travel for
any fiscal year, together with the total amount of reimbursements which the Commission accepts
under subparagraph (A) for such fiscal year, shall not exceed the level of travel expenses appropriatedto the Commission for such fiscal year.
(C) The Commission shall submit to the appropriate committees of the Congress, and publish
in the Federal Register, quarterly reports specifying reimbursements which the Commission has
accepted under this paragraph.
(D) The provisions of this paragraph shall cease to have any force or effect at the end of fiscal
year 1994.
(E) Funds which are received by the Commission as reimbursements under the provisions of
this paragraph after the close of a fiscal year shall remain available for obligation.
(3)(A) Notwithstanding any other provision of law, in furtherance of its functions theCommission is authorized to accept, hold, administer, and use unconditional gifts, donations, andbequests of real, personal, and other property (including voluntary and uncompensated services, as
authorized by section 3109 of title 5, United States Code).
(B) The Commission, for purposes of providing radio club and military-recreational call signs,
may utilize the voluntary, uncompensated, and unreimbursed services of amateur radio organizations
authorized by the Commission that have tax-exempt status under section 501(c)(3) of the Internal
Revenue Code of 1986.
(C) For the purpose of Federal law on income taxes, estate taxes, and gift taxes, property orservices accepted under the authority of subparagraph (A) shall be deemed to be a gift, bequest, ordevise to the United States.
(D) The Commission shall promulgate regulations to carry out the provisions of thisparagraph. Such regulations shall include provisions to preclude the acceptance of any gift, bequest,or donation that would create a conflict of interest or the appearance of a conflict of interest.
(h) Three members of the Commission shall constitute a quorum thereof. The Commission
shall have an official seal which shall be judicially noticed.

13

Communications Act of 1934(i) The Commission may perform any and all acts, make such rules and regulations, and issue
such orders, not inconsistent with this Act, as may be necessary in the execution of its functions.
(j) The Commission may conduct its proceedings in such manner as will best conduce to theproper dispatch of business and to the ends of justice. No commissioner shall participate in any
hearing or proceeding in which he has a pecuniary interest. Any party may appear before theCommission and be heard in person or by attorney. Every vote and official act the Commission shallbe entered of record, and its proceedings shall be public upon the request of any party interested. The
Commission is authorized to withhold publication of records or proceedings containing secret
information affecting the national defense.
(k) The Commission shall make an annual report to Congress, copies of which shall be
distributed as are other reports transmitted to Congress. Such reports shall contain-(1) such information and data collected by the Commission as may be considered ofvalue in the determination of questions connected with the regulation of interstate and foreign
wire and radio communication and radio transmission of energy;(2) such information and data concerning the functioning of the Commission as will
be of value to Congress in appraising the amount and character of the work andaccomplishments of the Commission and the adequacy of its staff and equipment;(3) an itemized statement of all funds expended during the preceding year by theCommission, of the sources of such funds, and of the authority in this Act or elsewhere underwhich such expenditures were made; and(4) specific recommendations to Congress as to additional legislation which theCommission deems necessary or desirable, including all legislative proposals submitted forapproval to the Director of the Office of Management and Budget.
(l) All reports of investigations made by the Commission shall be entered of record, and a
copy thereof shall be furnished to the party who may have complained, and to any common carrieror licensee that may have been complained of.
(m) The Commission shall provide for the publication of its reports and decisions in such form
and manner as may be best adapted for public information and use, and such authorized publications
shall be competent evidence of the reports and decisions of the Commission therein contained in all
courts of the United States and of the several States without any further proof or authentication
thereof.
(n) Rates of compensation of persons appointed under this section shall be subject to the
reduction applicable to officers and employees of the Federal Government generally.
(o) For the purpose of obtaining maximum effectiveness from the use of radio and wirecommunications in connection with safety of life and property, the Commission shall investigate andstudy all phases of the problem and the best methods of obtaining the cooperation and coordinationof these systems.
SEC. 5. [47 U.S.C. 155] ORGANIZATION AND FUNCTIONING OF THE COMMISSION.
(a) The member of the Commission designated by the President as chairman shall be the chief
executive officer of the Commission. It shall be his duty to preside at all meetings and sessions of theCommission, to represent the Commission in all matters relating to legislation and legislative reports,

14

Communications Act of 1934
except that any commissioner may present his own or minority views or supplemental reports, torepresent the Commission in all matters requiring conferences or communications with othergovernmental officers, departments or agencies, and generally to coordinate and organize the workof the Commission in such manner as to promote prompt and efficient disposition of all matters within
the jurisdiction of the Commission. In the case of a vacancy in the office of the chairman of theCommission, or the absence or inability of the chairman to serve, the Commission may temporarily
designate one of its members to act as chairman until the cause or circumstance requiring suchdesignation shall have been eliminated or corrected.
(b) From time to time as the Commission may find necessary, the Commission shall organize
its staff into (1) integrated bureaus, to function on the basis of the Commission's principal workload
operations, and (2) such other divisional organizations as the Commission may deem necessary. Each
such integrated bureau shall include such legal, engineering, accounting, administrative, clerical, andother personnel as the Commission may determine to be necessary to perform its functions.
(c)(1) When necessary to the proper functioning of the Commission and the prompt andorderly conduct of its business, the Commission may, by published rule or by order, delegate any of
its functions (except functions granted to the Commission by this paragraph and by paragraphs (4),(5), and (6) of this subsection and except any action referred to in sections 204(a)(2), 208(b), and405(b)) to a panel of commissioners, an individual commissioner, an employee board, or an individual
employee, including functions with respect to hearing, determining, ordering, certifying, reporting,or otherwise acting as to any work, business, or matter; except that in delegating review functions
to employees in cases of adjudication (as defined in the Administrative Procedure Act), the delegationin any such case may be made only to an employee board consisting of two or more employees
referred to in paragraph (8). Any such rule or order may be adopted, amended, or rescinded only by
a vote of a majority of the members of the Commission then holding office. Except for cases involving
the authorization of service in the instructional television fixed service, or as otherwise provided inthis Act, nothing in this paragraph shall authorize the Commission to provide for the conduct, by any
person or persons other than persons referred to in paragraph (2) or (3) of section 556(b) of title 5,
United States Code, of any hearing to which such section applies.
(2) As used in this subsection (d) the term ''order, decision, report, or action'' does not include
an initial, tentative, or recommended decision to which exceptions may be filed as provided in section
409(b).
(3) Any order, decision, report, or action made or taken pursuant to any such delegation,
unless reviewed as provided in paragraph (4), shall have the same force and effect, and shall be made,evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of theCommission.
(4) Any person aggrieved by any such order, decision, report or action may file an application
for review by the Commission within such time and in such manner as the Commission shall prescribe,and every such application shall be passed upon by the Commission. The Commission, on its own
initiative, may review in whole or in part, at such time and in such manner as it shall determine, any
order, decision, report, or action made or taken pursuant to any delegation under paragraph (1).
(5) In passing upon applications for review, the Commission may grant, in whole or in part,or deny such applications without specifying any reasons therefore. No such application for review

15Communications Act of 1934
shall rely on questions of fact or law upon which the panel of commissioners, individualcommissioner, employee board, or individual employee has been afforded no opportunity to pass.
(6) If the Commission grants the application for review, it may affirm, modify, or set aside theorder, decision, report, or action, or it may order a rehearing upon such order, decision, report, or
action in accordance with section 405.
(7) The filing of an application for review under this subsection shall be a condition precedent
to judicial review of any order, decision, report, or action made or taken pursuant to a delegation
under paragraph (1). The time within which a petition for review must be filed in a proceeding towhich section 402(a) applies, or within which an appeal must be taken under section 402(b), shall becomputed from the date upon which public notice is given of orders disposing of all applications forreview filed in any case.
(8) The employees to whom the Commission may delegate review functions in any case ofadjudication (as defined in the Administrative Procedure Act) shall be qualified, by reason of theirtraining, experience, and competence, to perform such review functions, and shall perform no duties
inconsistent with such review functions. Such employees shall be in a grade classification or salarylevel commensurate with their important duties, and in no event less than the grade classification orsalary level of the employee or employees whose actions are to be reviewed. In the performance ofsuch review functions such employees shall be assigned to cases in rotation so far as practicable andshall not be responsible to or subject to the supervision or direction of any officer, employee, or agent
engaged in the performance of investigative or prosecuting functions for any agency.
(9) The secretary and seal of the Commission shall be the secretary and seal of each panel of
the Commission, each individual commissioner, and each employee board or individual employee
exercising functions delegated pursuant to paragraph (1) of this subsection.
(d) Meetings of the Commission shall be held at regular intervals, not less frequently than once
each calendar month, at which times the functioning of the Commission and the handling of its work
load shall be reviewed and such orders shall be entered and other action taken as may be necessary
or appropriate to expedite the prompt and orderly conduct of the business of the Commission withthe objective of rendering a final decision (1) within three months from the date of filing in all original
application, renewal, and transfer cases in which it will not be necessary to hold a hearing, and (2)within six months from the final date of the hearing in all hearing cases.
(e) The Commission shall have a Managing Director who shall be appointed by the Chairman
subject to the approval of the Commission. The Managing Director, under the supervision anddirection of the Chairman, shall perform such administrative and executive functions as the Chairman
shall delegate. The Managing Director shall be paid at a rate equal to the rate then payable for level
V of the Executive Schedule.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) There are authorized to be appropriated for the administration of this Act by theCommission $109,831,000 for fiscal year 1990 and $119,831,000 for fiscal year 1991, together withsuch sums as may be necessary for increases resulting from adjustments in salary, pay, retirement,
other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years
1990 and 1991.

16

Communications Act of 1934(b) In addition to the amounts authorized to be appropriated under this section, not more than
4 percent of the amount of any fees or other charges payable to the United States which are collectedby the Commission during fiscal year 1990 are authorized to be made available to the Commission
until expended to defray the fully distributed costs of such fees collection.
(c) Of the amounts appropriated pursuant to subsection (a) for fiscal year 1991, such sums
as may be necessary not to exceed $2,000,000 shall be expended for upgrading and modernizing
equipment at the Commission's electronic emissions test laboratory located in Laurel, Maryland.
(d) Of the sum appropriated in any fiscal year under this section, a portion, in an amountdetermined under section 9(b), shall be derived from fees authorized by section 9.
SEC. 7. [47 U.S.C. 157] NEW TECHNOLOGIES AND SERVICES.
(a) It shall be the policy of the United States to encourage the provision of new technologies
and services to the public. Any person or party (other than the Commission) who opposes a newtechnology or service proposed to be permitted under this Act shall have the burden to demonstratethat such proposal is inconsistent with the public interest.
(b) The Commission shall determine whether any new technology or service proposed in apetition or application is in the public interest within one year after such petition or application is
filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding
shall be completed within 12 months after it is initiated.
SEC. 8. [47 U.S.C. 158] APPLICATION FEES.
(a) The Commission shall assess and collect application fees at such rates as the Commission
shall establish or at such modified rates as it shall establish pursuant to the provisions of subsection(b) of this section.
(b)(1) The Schedule of Application Fees established under this section shall be reviewed by
the Commission every two years after October 1, 1991, and adjusted by the Commission to reflectchanges in the Consumer Price Index. Increases or decreases in application fees shall apply to all
categories of application fees, except that individual fees shall not be adjusted until the increase or
decrease, as determined by the net change in the Consumer Price Index since the date of enactmentof this section, amounts to at least $5.00 in the case of fees under $100.00, or 5 percent in the caseof fees of $100.00 or more. All fees which require adjustment will be rounded upward to the next
$5.00 increment. The Commission shall transmit to the Congress notification of any such adjustment
not later than 90 days before the effective date of such adjustment.
(2) Increases or decreases in application fees made pursuant to this subsection shall not be
subject to judicial review.
(c)(1) The Commission shall prescribe by regulation an additional application fee which shallbe assessed as a penalty for late payment of application fees required by subsection (a) of this section.
Such penalty shall be 25 percent of the amount of the application fee which was not paid in a timely
manner.
(2) The Commission may dismiss any application or other filing for failure to pay in a timely
manner any application fee or penalty under this section.
(d)(1) The application fees established under this section shall not be applicable (A) to17Communications Act of 1934
governmental entities and nonprofit entities licensed in the following radio services: Local
Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, and Special
Emergency Radio, or (B) to governmental entities licensed in other services.
(2) The Commission may waive or defer payment of an application fee in any specific instancefor good cause shown, where such action would promote the public interest.
(e) Moneys received from application fees established under this section shall be depositedin the general fund of the Treasury to reimburse the United States for amounts appropriated for use
by the Commission in carrying out its functions under this Act.
(f) The Commission shall prescribe appropriate rules and regulations to carry out theprovisions of this section.
(g) Until modified pursuant to subsection (b) of this section, the Schedule of Application Fees
which the Federal Communications Commission shall prescribe pursuant to subsection (a) of thissection shall be as follows:
SCHEDULE OF APPLICATION FEES
ServiceFee amount
PRIVATE RADIO SERVICES
1. Marine Coast Stations
a. New License (per station)$70.00b. Modification of License (per station)
70.00
c. Renewal of License (per station)
70.00
d. Special Temporary Authority (Initial, Modifications, Extensions) 100.00
e. Assignments (per station)
70.00
f. Transfers of Control (per station)
35.00
g. Request for Waiver(i) Routine (per request)
105.00(ii) Non-Routine (per rule section/per station)
105.002. Ship Stations
a. New License (per application)
35.00
b. Modification of License (per application)
35.00
c. Renewal of License (per application)
35.00
d. Request for Waiver(i) Routine (per request)
105.00(ii) Non-Routine (per rule section/per station)
105.00
3. Operational Fixed Microwave Stations
a. New License (per station)
155.00b. Modification of License (per station)
155.00c. Renewal of License (per station)
155.00d. Special Temporary Authority (Initial, Modifications, Extensions) 35.00
e. Assignments (per station)
155.00f. Transfers of Control (per station)
35.00
g. Request for Waiver(i) Routine (per request)
105.0018

Communications Act of 1934(ii) Non-Routine (per rule section/per station)
105.00
4. Aviation (Ground Stations)a. New License (per station)
70.00
b. Modification of License (per station)
70.00
c. Renewal of License (per station)
70.00
d. Special Temporary Authority (Initial, Modifications, Extensions) 100.00
e. Assignments (per station)
70.00
f. Transfers of Control (per station)
35.00
g. Request for Waiver(i) Routine (per request)
105.00(ii) Non-Routine (per rule section/per station)
105.005. Aircraft Stations
a. New License (per application)
35.00
b. Modification of License (per application)
35.00
c. Renewal of License (per application)
35.00
d. Request for Waiver(i) Routine (per request)
105.00(ii) Non-Routine (per rule section/per station)
105.006. Land Mobile Radio Stations (including Special Emergency and Public Safety
Stations)
a. New License (per call sign)
35.00
b. Modification of License (per call sign)
35.00
c. Renewal of License (per call sign)
35.00
d. Special Temporary Authority (Initial, Modifications, Extensions) 35.00
e. Assignments (per station)
35.00
f. Transfers of Control (per call sign)
35.00
g. Request for Waiver(i) Routine (per request)
105.00(ii) Non-Routine (per rule section/per station)
105.00h. Reinstatement (per call sign)
35.00
i. Specialized Mobile Radio Systems-Base Stations(i) New License (per call sign)
35.00(ii) Modification of License (per call sign)
35.00(iii) Renewal of License (per call sign)
35.00(iv) Waiting List (annual application fee per application)
35.00(v) Special Temporary Authority (Initial, Modifications, Extensions)
35.00(vi) Assignments (per call sign)
35.00(vii) Transfers of Control (per call sign)
35.00(viii) Request for Waiver(1) Routine (per request)
105.00(2) Non-Routine (per rule section/per station)
105.0019

Communications Act of 1934(ix) Reinstatements (per call sign)
35.00
j. Private Carrier Licenses(i) New License (per call sign)
35.00(ii) Modification of License (per call sign)
35.00(iii) Renewal of License (per call sign)
35.00(iv) Special Temporary Authority (Initial, Modifications, Extensions)
35.00(v) Assignments (per call sign)
35.00(vi) Transfers of Control (per call sign)
35.00(vii) Request for Waiver(1) Routine (per request)
105.00(2) Non-Routine (per rule section/per station)
105.00(viii) Reinstatements (per call sign)
35.00
7. General Mobile Radio Service
a. New License (per call sign)
35.00
b. Modifications of License (per call sign)
35.00
c. Renewal of License (per call sign)
35.00
d. Request for Waiver(i) Routine (per request)
105.00(ii) Non-Routine (per rule section/per station)
105.00e. Special Temporary Authority (Initial, Modifications, Extensions) 35.00
f. Transfer of control (per call sign)
35.00
8. Restricted Radiotelephone Operator Permit
35.00
9. Request for Duplicate Station License (all services)
35.00
10. Hearing (Comparative, New, and Modifications)
6,760.00
EQUIPMENT APPROVAL SERVICES/EXPERIMENTAL RADIO
1. Certification
a. Receivers (except TV and FM receivers)b. All Other Devices
c. Modifications and Class II Permissive Changes
d. Request for Confidentiality
2. Type Acceptancea. All Devices
b. Modifications and Class II Permissive Changes
c. Request for Confidentiality
3. Type Approval (all devices)a. With Testing (including Major Modifications)b. Without Testing (including Minor Modifications)c. Request for Confidentiality
4. Notifications
5. Advance Approval for Subscription TV System20285.00735.0035.00
105.00370.0035.00
105.001,465.00
170.00105.00115.002,255.00

Communications Act of 1934
a. Request for Confidentiality
105.00
6. Assignment of Grantee Code for Equipment Identification
35.00
7. Experimental Radio Service
a. New Construction Permit and Station Authorization (per application)
35.00
b. Modification to Existing Construction Permit and Station Authorization(per application)
35.00
c. Renewal of Station Authorization (per application)
35.00
d. Assignment or Transfer of Control (per application)
35.00
e. Special Temporary Authority (per application)
35.00
f. Additional Application Fee for Applications Containing Requests toWithhold Information From Public Inspection (per application)
35.00
MASS MEDIA SERVICES
1. Commercial TV Stations
a. New or Major Change Construction Permits
2,535.00
b. Minor Change
565.00c. Hearing (Major/Minor Change, Comparative New, or Comparative
Renewal)6,760.00
d. License
170.00e. Assignment or Transfer(i) Long Form (Forms 314/315)
565.00(ii) Short Form (Form 316)
80.00
f. Renewal
100.00g. Call Sign (New or Modification)
55.00
h. Special Temporary Authority (other than to remain silent or extend an
existing STA to remain silent)
100.00i. Extension of Time to Construct or Replacement of CP
200.00j. Permit to Deliver Programs to Foreign Broadcast Stations
55.00
k. Petition for Rulemaking for New Community of License
1,565.00
l. Ownership Report (per report)
35.00
2. Commercial Radio Stations
a. New and Major Change Construction Permit(i) AM Station
2,255.00(ii) FM Station
2,030.00
b. Minor Change(i) AM Station
565.00(ii) FM Station
565.00c. Hearing (Major/Minor Change, Comparative New, or Comparative
Renewal)6,760.00
d. License(i) AM
370.00(ii) FM115.0021

Communications Act of 1934(iii) AM Directional Antenna425.00(iv) FM Directional Antenna
355.00(v) AM Remote Control
35.00
e. Assignment or Transfer(i) Long Form (Forms 314/315)
565.00(ii) Short Form (Form 316)
80.00
f. Renewal
100.00g. Call Sign (New or Modification)
55.00
h. Special Temporary Authority (other than to remain silent or extend an
existing STA to remain silent)
100.00i. Extension of Time to Construct or Replacement of CP
200.00j. Permit to Deliver Programs to Foreign Broadcast Stations
55.00
k. Petition for Rulemaking for New Community of License or Higher Class
Channel
1,565.00
l. Ownership Report (per report)
35.00
3. FM Translators
a. New or Major Change Construction Permit
425.00b. License
85.00
c. Assignment or Transfer
80.00
d. Renewal
35.00
e. Special Temporary Authority (other than to remain silent or extend an
existing STA to remain silent)
100.004. TV Translators and LPTV Stations
a. New or Major Change Construction Permit
425.00b. License
85.00
c. Assignment or Transfer
80.00
d. Renewal
35.00
e. Special Temporary Authority (other than to remain silent or extend an
existing STA to remain silent)
100.005. Auxiliary Services (Includes Remote Pickup stations, TV Auxiliary Broadcast
stations, Aural Broadcast STL and Intercity Relay stations, and Low Power Auxiliary
stations)
a. Major Actions
85.00
b. Renewals
35.00
c. Special Temporary Authority (other than to remain silent or extend an
existing STA to remain silent)
100.006. FM/TV Boosters
a. New and Major Change Construction Permits
425.00b. License
85.00
c. Special Temporary Authority (other than to remain silent or extend an
existing STA to remain silent)
100.007. International Broadcast Station

22

Communications Act of 1934
a. New Construction Permit and Facilities Change CP
1,705.00
b. License
385.00c. Assignment or Transfer (per station)
60.00
d. Renewal
95.00
e. Frequency Assignment and Coordination (per frequency hour)
35.00
f. Special Temporary Authority (other than to remain silent or extend an
existing STA to remain silent)
100.008. Cable Television Service
a. Cable Television Relay Service(i) Construction Permit
155.00(ii) Assignment or Transfer
155.00(iii) Renewal
155.00(iv) Modification
155.00(v) Special Temporary Authority (other than to remain silent or extend
an existing STA to remain silent)
100.00b. Cable Special Relief Petition
790.00c. 76.12 Registration Statement (per statement)
35.00
d. Aeronautical Frequency Usage Notifications (per notice)
35.00
e. Aeronautical Frequency Usage Waivers (per waiver)
35.00
9. Direct Broadcast Satellite
a. New or Major Change Construction Permit(i) Application for Authorization to Construct a Direct Broadcast
Satellite
2,030.00(ii) Issuance of Construction Permit & Launch Authority 19,710.00(iii) License to Operate Satellite
565.00b. Hearing (Comparative New, Major/Minor Modifications, or Comparative
Renewal)6,760.00
c. Special Temporary Authority (other than to remain silent or extend an
existing STA to remain silent)
100.00COMMON CARRIER SERVICES
1. All Common Carrier Services
a. Hearing (Comparative New or Major/Minor Modifications)
6,760.00
b. Development Authority (Same application fee as regular authority inservice unless otherwise indicated)c. Formal Complaints and Pole Attachment Complaints Filing Fee 120.00
d. Proceeding under section 109(b) of the Communications Assistance for
Law Enforcement Act
5,000
2. Domestic Public Land Mobile Stations (includes Base, Dispatch, Control &Repeater Stations)a. New or Additional Facility (per transmitter)
230.00b. Major Modifications (per transmitter)
230.0023

Communications Act of 1934c. Fill In Transmitters (per transmitter)
d. Major Amendment to a Pending Application (per transmitter)e. Assignment or Transfer(i) First Call Sign on Application(ii) Each Additional Call Sign
f. Partial Assignment (per call sign)
g. Renewal (per call sign)h. Minor Modification (per transmitter)i. Special Temporary Authority (per frequency/per location)
j. Extension of Time to Construct (per application)
k. Notice of Completion of Construction (per application)
l. Auxiliary Test Station (per transmitter)m. Subsidiary Communications Service (per request)
n. Reinstatement (per application)o. Combining Call Signs (per call sign)p. Standby Transmitter (per transmitter/per location)q. 900 MHz Nationwide Paging(i) Renewal(1) Network Organizer(2) Network Operator (per operator/per city)r. Air-Ground Individual License (per station)(i) Initial License(ii) Renewal of License(iii) Modification of License
3. Cellular Systems (per system)
a. New or Additional Facilities
b. Major Modificationc. Minor Modificationd. Assignment or Transfer (including partial)
e. License to Cover Construction(i) Initial License for Wireline Carrier(ii) Subsequent License for Wireline Carrier(iii) License for Nonwireline Carrier(iv) Fill In License (all carriers)
f. Renewal
g. Extension of Time to Complete Construction
h. Special Temporary Authority (per system)i. Combining Cellular Geographic Service Areas (per system)
4. Rural Radio (includes Central Office, Interoffice, or Relay Facilities)
a. New or Additional Facility (per transmitter)b. Major Modification (per transmitter)c. Major Amendment to Pending Application (per transmitter)

24

230.00230.00230.0035.00
230.0035.00
35.00
200.0035.00
35.00
200.00100.0035.00
200.00200.00

35.00
35.00
35.00
35.00
35.00
230.00230.0060.00
230.00595.00
60.00
60.00
60.00
35.00
35.00
200.0050.00
105.00105.00105.00Communications Act of 1934d. Minor Modification (per transmitter)
35.00
e. Assignments or Transfers(i) First Call Sign on Application
105.00(ii) Each Additional Call Sign
35.00(iii) Partial Assignment (per call sign)105.00f. Renewal (per call sign)
35.00
g. Extension of Time to Complete Construction (per application)
35.00
h. Notice of Completion of Construction (per application)
35.00
i. Special Temporary Authority (per frequency/per location)
200.00j. Reinstatement (per application)
35.00
k. Combining Call Signs (per call sign)200.00l. Auxiliary Test Station (per transmitter)
200.00m. Standby Transmitter (per transmitter/per location)
200.005. Offshore Radio Service (Mobile, Subscriber, and Central Stations; fees would also
apply to any expansion of this service into coastal waters other than the Gulf of
Mexico)a. New or Additional Facility (per transmitter)
105.00b. Major Modifications (per transmitter)
105.00c. Fill In Transmitters (per transmitter)
105.00d. Major Amendment to Pending Application (per transmitter)
105.00e. Minor Modification (per transmitter)
35.00
f. Assignment or Transfer(i) Each Additional Call Sign
35.00(ii) Partial Assignment (per call sign)105.00g. Renewal (per call sign)
35.00
h. Extension of Time to Complete Construction (per application)
35.00
i. Reinstatement (per application)
35.00
j. Notice of Completion of Construction (per application)
35.00
k. Special Temporary Authority (per frequency/per location)
200.00l. Combining Call Signs (per call sign)200.00m. Auxiliary Test Station (per transmitter)
200.00n. Standby Transmitter (per transmitter/ per location)
200.00
6. Point-to-Point Microwave and Local Television Radio Service
a. Conditional License (per station)
155.00b. Major Modification of Conditional License or License Authorization (perstation)155.00c. Certification of Completion of Construction (per station)
155.00d. Renewal (per licensed station)
155.00e. Assignment or Transfer(i) First Station on Application
55.00(ii) Each Additional Station
35.00
f. Extension of Construction Authorization (per station)
55.00

25

Communications Act of 1934
g. Special Temporary Authority or Request for Waiver of Prior Construction
Authorization (per request)
70.00
7. Multipoint Distribution Service (including multichannel MDS)
a. Conditional License (per station)
155.00b. Major Modification of Conditional License or License Authorization (perstation)155.00c. Certification of Completion of Construction (per channel)
455.00d. Renewal (per licensed station)
155.00e. Assignment or Transfer(i) First Station on Application
55.00(ii) Each Additional Station
35.00
f. Extension of Construction Authorization (per station)
110.00g. Special Temporary Authority or Request for Waiver of Prior Construction
Authorization (per request)
70.00
8. Digital Electronic Message Service
a. Conditional License (per nodal station)
155.00b. Modification of Conditional License or License Authorization (per nodal
station)155.00c. Certification of Completion of Construction (per nodal station) 155.00
d. Renewal (per licensed nodal station)
155.00e. Assignment or Transfer(i) First Station on Application
55.00(ii) Each Additional Station
35.00
f. Extension of Construction Authorization (per station)
55.00
g. Special Temporary Authority or Request for Waiver of Prior Construction
Authorization (per request)
70.00
9. International Fixed Public Radio (Public and Control Stations)a. Initial Construction Permit (per station)
510.00b. Assignment or Transfer (per application)
510.00c. Renewal (per license)
370.00d. Modification (per station)
370.00e. Extension of Construction Authorization (per station)
185.00f. Special Temporary Authority or Request for Waiver (per request) 185.00
10. Fixed Satellite Transmit/Receive Earth Stations
a. Initial Application (per station)
1,525.00
b. Modification of License (per station)
105.00c. Assignment or Transfer(i) First Station on Application
300.00(ii) Each Additional Station
100.00d. Developmental Station (per station)
1,000.00
e. Renewal of License (per station)
105.00f. Special Temporary Authority or Waivers of Prior Construction

26

Communications Act of 1934
Authorization (per request)
105.00g. Amendment of Application (per station)
105.00h. Extension of Construction Permit (per station)
105.0011. Small Transmit/Receive Earth Stations (2 meters or less and operating in the 4/6
GHz frequency band)a. Lead Application
3,380.00
b. Routine Application (per station)
35.00
c. Modification of License (per station)
105.00d. Assignment or Transfer(i) First Station on Application
300.00(ii) Each Additional Station
35.00
e. Developmental Station (per station)
1,000.00
f. Renewal of License (per station)
105.00g. Special Temporary Authority or Waivers of Prior Construction
Authorization (per request)
105.00h. Amendment of Application (per station)
105.00i. Extension of Construction Permit (per station)
105.0012. Receive Only Earth Stations
a. Initial Application for Registration
230.00b. Modification of License or Registration (per station)
105.00c. Assignment or Transfer(i) First Station on Application
300.00(ii) Each Additional Station
100.00d. Renewal of License (per station)
105.00e. Amendment of Application (per station)
105.00f. Extension of Construction Permit (per station)
105.00g. Waivers (per request)
105.0013. Very Small Aperture Terminal (VSAT) Systems
a. Initial Application (per system)
5,630.00
b. Modification of License (per system)
105.00c. Assignment or Transfer of System
1,505.00
d. Developmental Station
1,000.00
e. Renewal of License (per system)
105.00f. Special Temporary Authority or Waivers of Prior Construction
Authorization (per request)
105.00g. Amendment of Application (per system)
105.00h. Extension of Construction Permit (per system)
105.0014. Mobile Satellite Earth Stations
a. Initial Application of Blanket Authorization
5,630.00
b. Initial Application for Individual Earth Station
1,350.00
c. Modification of License (per system)
105.00d. Assignment or Transfer (per system)
1,505.00

27

Communications Act of 1934
e. Developmental Station
1,000.00
f. Renewal of License (per system)
105.00g. Special Temporary Authority or Waivers of Prior Construction
Authorization (per request)
105.00h. Amendment of Application (per system)
105.00i. Extension of Construction Permit (per system)
105.0015. Radio determination Satellite Earth Stations
a. Initial Application of Blanket Authorization
5,630.00
b. Initial Application for Individual Earth Station
1,350.00
c. Modification of License (per system)
105.00d. Assignment or Transfer (per system)
1,505.00
e. Developmental Station
1,000.00
f. Renewal of License (per system)
105.00g. Special Temporary Authority or Waivers of Prior Construction
Authorization (per request)
105.00h. Amendment of Application (per system)
105.00i. Extension of Construction Permit (per system)
105.0016. Space Stations
a. Application for Authority to Construct
2,030.00
b. Application for Authority to Launch & Operate(i) Initial Application
70,000.00(ii) Replacement Satellite
70,000.00
c. Assignment or Transfer (per satellite)
5,000.00
d. Modification
5,000.00
e. Special Temporary Authority or Waiver of Prior Construction
Authorization (per request)
500.00f. Amendment of Application
1,000.00
g. Extension of Construction Permit/Launch Authorization (per request)
500.0017. Section 214 Applications
a. Overseas Cable Construction
9,125.00
b. Cable Landing License(i) Common Carrier
1,025.00(ii) Non-Common Carrier
10,150.00
c. Domestic Cable Construction
610.00d. All Other 214 Applications
610.00e. Special Temporary Authority (all services)610.00f. Assignments or Transfers (all services)610.0018. Recognized Private Operating Status (per application)
610.0019. Telephone Equipment Registration
155.0020. Tariff Filings
a. Filing Fee
490.0028

Communications Act of 1934
b. Special Permission Filing (per filing)
490.0021. Accounting and Auditsa. Field Audit
62,290.00
b. Review of Attest Audit
34,000.00
c. Review of Depreciation Update Study (Single State)
20,685.00(i) Each Additional State
680.00d. Interpretation of Accounting Rules (per request)
2,885.00
e. Petition for Waiver (per petition)
4,660.00
22. Low-Earth Orbit Satellite Systems
a. Application for Authority to Construct (per system of technology identicalsatellites)
6,000.00
b. Application for Authority to Launch and Operate (per system oftechnologically identical satellites)
210,000.00
c. Assignment or Transfer (per request)
6,000.00
d. Modification (per request)
15,000.00
e. Special Temporary Authority or Waiver of Prior Construction
Authorization (per request)
1,500.00
f. Amendment of Application (per request)
3,000.00
g. Extension of Construction Permit/Launch Authorization (per request)
1,500.00
MISCELLANEOUS APPLICATION FEES
1. International Telecommunications Settlements Administrative Fee for Collections(per line item)
2.00
2. Radio Operator Examinations
a. Commercial Radio Operator Examination
35.00
b. Renewal of Commercial Radio Operator License, Permit, or Certificate
35.00
c. Duplicate or Replacement Commercial Radio Operator License, Permit, orCertificate
35.00
3. Ship Inspections
a. Inspection of Oceangoing Vessels Under Title III, Part II of theCommunications Act (per inspection)
620.00b. Inspection of Passenger Vessels Under Title III, Part III of theCommunications Act (per inspection)
320.00c. Inspection of Vessels Under the Great Lakes Agreement (per inspection)
75.00
d. Inspection of Foreign Vessels Under the Safety of Life at Sea (SOLAS)
Convention (per inspection)
540.00e. Temporary Waiver for Compulsorily Equipped Vessel
60.00
SEC. 9. [47 U.S.C. 159] REGULATORY FEES.

29

Communications Act of 1934(a) GENERAL AUTHORITY.-(1) RECOVERY OF COSTS.--The Commission, in accordance with thissection, shall assess and collect regulatory fees to recover the costs of thefollowing regulatory activities of the Commission: enforcement activities,
policy and rulemaking activities, user information services, and international
activities.
(2) FEES CONTINGENT ON APPROPRIATIONS.--The fees described inparagraph (1) of this subsection shall be collected only if, and only in the total
amounts, required in Appropriations Acts.
(b) ESTABLISHMENT AND ADJUSTMENT OF REGULATORY FEES.-(1) IN GENERAL.--The fees assessed under subsection (a) shall-(A) be derived by determining the full-time equivalent numberof employees performing the activities described in subsection (a)within the Private Radio Bureau, Mass Media Bureau, Common
Carrier Bureau, and other offices of the Commission, adjusted to take
into account factors that are reasonably related to the benefits
provided to the payor of the fee by the Commission's activities,
including such factors as service area coverage, shared use versus
exclusive use, and other factors that the Commission determines arenecessary in the public interest;(B) be established at amounts that will result in collection,
during each fiscal year, of an amount that can reasonably be expected
to equal the amount appropriated for such fiscal year for the
performance of the activities described in subsection (a); and(C) until adjusted or amended by the Commission pursuant toparagraph (2) or (3), be the fees established by the Schedule ofRegulatory Fees in subsection (g).
(2) MANDATORY ADJUSTMENT OF SCHEDULE.--For any fiscal year after
fiscal year 1994, the Commission shall, by rule, revise the Schedule ofRegulatory Fees by proportionate increases or decreases to reflect, in
accordance with paragraph (1)(B), changes in the amount appropriated for the
performance of the activities described in subsection (a) for such fiscal year.
Such proportionate increases or decreases shall-(A) be adjusted to reflect, within the overall amounts describedin appropriations Acts under the authority of paragraph (1)(A),
unexpected increases or decreases in the number of licensees or units
subject to payment of such fees; and(B) be established at amounts that will result in collection ofan aggregate amount of fees pursuant to this section that canreasonably be expected to equal the aggregate amount of fees that are
required to be collected by appropriations Acts pursuant to paragraph(1)(B).

30

Communications Act of 1934
Increases or decreases in fees made by adjustments pursuant to this paragraphshall not be subject to judicial review. In making adjustments pursuant to thisparagraph the Commission may round such fees to the nearest $5 in the caseof fees under $1,000, or to the nearest $25 in the case of fees of $1,000 or
more.
(3) PERMITTED AMENDMENTS.--In addition to the adjustments requiredby paragraph (2), the Commission shall, by regulation, amend the Schedule ofRegulatory Fees if the Commission determines that the Schedule requires
amendment to comply with the requirements of paragraph (1)(A). In making
such amendments, the Commission shall add, delete, or reclassify services in
the Schedule to reflect additions, deletions, or changes in the nature of its
services as a consequence of Commission rulemaking proceedings or changes
in law. Increases or decreases in fees made by amendments pursuant to thisparagraph shall not be subject to judicial review.
(4) NOTICE TO CONGRESS.--The Commission shall-(A) transmit to the Congress notification of any adjustment
made pursuant to paragraph (2) immediately upon the adoption ofsuch adjustment; and(B) transmit to the Congress notification of any amendment
made pursuant to paragraph (3) not later than 90 days before theeffective date of such amendment.
(c) ENFORCEMENT.-(1) PENALTIES FOR LATE PAYMENT.--The Commission shall prescribe
by regulation an additional charge which shall be assessed as a penalty for latepayment of fees required by subsection (a) of this section. Such penalty shallbe 25 percent of the amount of the fee which was not paid in a timely manner.
(2) DISMISSAL OF APPLICATIONS FOR FILINGS.--The Commission may
dismiss any application or other filing for failure to pay in a timely manner any
fee or penalty under this section.
(3) REVOCATIONS.--In addition to or in lieu of the penalties anddismissals authorized by paragraphs (1) and (2), the Commission may revoke
any instrument of authorization held by any entity that has failed to makepayment of a regulatory fee assessed pursuant to this section. Such revocation
action may be taken by the Commission after notice of the Commission's
intent to take such action is sent to the licensee by registered mail, return
receipt requested, at the licensee's last known address. The notice will provide
the licensee at least 30 days to either pay the fee or show cause why the feedoes not apply to the licensee or should otherwise be waived or payment
deferred. A hearing is not required under this subsection unless the licensee's
response presents a substantial and material question of fact. In any casewhere a hearing is conducted pursuant to this section, the hearing shall bebased on written evidence only, and the burden of proceeding with the31Communications Act of 1934
introduction of evidence and the burden of proof shall be on the licensee.
Unless the licensee substantially prevails in the hearing, the Commission may
assess the licensee for the costs of such hearing. Any Commission order
adopted pursuant to this subsection shall determine the amount due, if any,and provide the licensee with at least 30 days to pay that amount or have its
authorization revoked. No order of revocation under this subsection shallbecome final until the licensee has exhausted its right to judicial review ofsuch order under section 402(b)(5) of this title.
(d) WAIVER, REDUCTION, AND DEFERMENT.--The Commission may waive,
reduce, or defer payment of a fee in any specific instance for good cause shown,
where such action would promote the public interest.
(e) DEPOSIT OF COLLECTIONS.--Moneys received from fees established under
this section shall be deposited as an offsetting collection in, and credited to, theaccount providing appropriations to carry out the functions of the Commission.
(f) REGULATIONS.-(1) IN GENERAL.--The Commission shall prescribe appropriate rules
and regulations to carry out the provisions of this section.
(2) INSTALLMENT PAYMENTS.--Such rules and regulations shall permit
payment by installments in the case of fees in large amounts, and in the caseof fees in small amounts, shall require the payment of the fee in advance fora number of years not to exceed the term of the license held by the payor.
(g) SCHEDULE.--Until amended by the Commission pursuant to subsection (b),the Schedule of Regulatory Fees which the Federal Communications Commission
shall, subject to subsection (a)(2), assess and collect shall be as follows:
SCHEDULE OF REGULATORY FEESBUREAU/CATEGORYANNUAL REGULATORY FEE
Private Radio Bureau
Exclusive use services (per license)
Land Mobile (above 470 MHz, Base Station and SMRS) (47
C.F.R. Part 90)$16
Microwave (47 C.F.R. Part 94)
16
Interactive Video Data Service (47 C.F.R. Part 95)
16
Shared use services (per license unless otherwise noted)
7
Amateur vanity call-signs
7
Mass Media Bureau (per license)
AM radio (47 C.F.R. Part 73)
Class D Daytime
250
Class A Fulltime
900
Class B Fulltime
500
Class C Fulltime
200

32Communications Act of 1934
Construction permits
100
FM radio (47 C.F.R. Part 73)
Classes C, C1, C2, B
900
Classes A, B1, C3
600
Construction permits
500
TV (47 C.F.R. Part 73)
VHF Commercial
Markets 1 thru 10
18,000Markets 11 thru 25
16,000Markets 26 thru 50
12,000Markets 51 thru 100
8,000
Remaining Markets
5,000
Construction permits
4,000
UHF Commercial
Markets 1 thru 10
14,400Markets 11 thru 25
12,800Markets 26 thru 50
9,600Markets 51 thru 100
6,400
Remaining Markets
4,000
Construction permits
3,200
Low Power TV, TV Translator, and TV Booster (47 C.F.R. Part 74) 135
Broadcast Auxiliary (47 C.F.R. Part 74)
25
International (HF) Broadcast (47 C.F.R. Part 73)
200
Cable Antenna Relay Service (47 C.F.R. Part 78)
220
Cable Television System (per 1,000 subscribers) (47 C.F.R. Part 76) 370
Common Carrier Bureau
Radio Facilities
Cellular Radio (per 1,000 subscribers) (47 C.F.R. Part 22)
60
Personal Communications (per 1,000 subscribers) (47 C.F.R.) 60
Space Station (per operational station in geosynchronous orbit) (47
C.F.R. Part 25)
65,000Space Station (per system in low-earth orbit) (47 C.F.R. Part 25)
90,000Public Mobile (per 1,000 subscribers) (47 C.F.R. Part 22)
60
Domestic Public Fixed (per call sign) (47 C.F.R. Part 21)
55
International Public Fixed (per call sign) (47 C.F.R. Part 23)
110
Earth Stations (47 C.F.R. Part 25)
VSAT and equivalent C-Band antennas (per 100 antennas)
6
Mobile satellite earth stations (per 100 antennas)
6
Earth station antennas
Less than 9 meters (per 100 antennas)
6
9 Meters or more

33

Communications Act of 1934
Transmit/Receive and Transmit Only (per meter)
Receive only (per meter)

85
55

Carriers
Inter-Exchange Carrier (per 1,000 presubscribed access lines)
Local Exchange Carrier (per 1,000 access lines)
Competitive access provider (per 1,000 subscribers)
International circuits (per 100 active 64KB circuit or equivalent)

60
60
60
220

(h) EXCEPTIONS.--The charges established under this section shall not beapplicable to (1) governmental entities or nonprofit entities; or (2) to amateur
radio operator licenses under part 97 of the Commission's regulations (47 C.F.R.
Part 97).
(i) ACCOUNTING SYSTEM.--The Commission shall develop accounting
systems necessary to making the adjustments authorized by subsection (b)(3). In
the Commission's annual report, the Commission shall prepare an analysis of its
progress in developing such systems and shall afford interested persons theopportunity to submit comments concerning the allocation of the costs ofperforming the functions described in subsection (a) among the services in the
Schedule.
SEC. 10. [47 U.S.C. 160] COMPETITION IN PROVISION OF
TELECOMMUNICATIONS SERVICE.
(a) REGULATORY FLEXIBILITY.--Notwithstanding section 332(c)(1)(A) of
this Act, the Commission shall forbear from applying any regulation or any
provision of this Act to a telecommunications carrier or telecommunications
service, or class of telecommunications carriers or telecommunications services, in
any or some of its or their geographic markets, if the Commission determines that(1) enforcement of such regulation or provision is not necessary toensure that the charges, practices, classifications, or regulations by, for, orin connection with that telecommunications carrier or telecommunications
service are just and reasonable and are not unjustly or unreasonably
discriminatory;(2) enforcement of such regulation or provision is not necessary forthe protection of consumers; and(3) forbearance from applying such provision or regulation isconsistent with the public interest.
(b) COMPETITIVE EFFECT TO BE WEIGHED.--In making the determination
under subsection (a)(3), the Commission shall consider whether forbearance fromenforcing the provision or regulation will promote competitive market conditions,
including the extent to which such forbearance will enhance competition amongproviders of telecommunications services. If the Commission determines that such

34

Communications Act of 1934
forbearance will promote competition among providers of telecommunications
services, that determination may be the basis for a Commission finding thatforbearance is in the public interest.
(c) PETITION FOR FORBEARANCE.--Any telecommunications carrier, orclass of telecommunications carriers, may submit a petition to the Commission
requesting that the Commission exercise the authority granted under this section
with respect to that carrier or those carriers, or any service offered by that carrieror carriers. Any such petition shall be deemed granted if the Commission does notdeny the petition for failure to meet the requirements for forbearance undersubsection (a) within one year after the Commission receives it, unless the oneyear period is extended by the Commission. The Commission may extend the initial
one-year period by an additional 90 days if the Commission finds that an extension
is necessary to meet the requirements of subsection (a). The Commission may
grant or deny a petition in whole or in part and shall explain its decision in writing.
(d) LIMITATION.--Except as provided in section 251(f), the Commission
may not forbear from applying the requirements of section 251(c) or 271 undersubsection (a) of this section until it determines that those requirements have been
fully implemented.
(e) STATE ENFORCEMENT AFTER COMMISSION FORBEARANCE.--A State
commission may not continue to apply or enforce any provision of this Act that theCommission has determined to forbear from applying under subsection (a).
SEC. 11. [47 U.S.C. 161] REGULATORY REFORM.
(a) BIENNIAL REVIEW OF REGULATIONS.--In every even-numbered year
(beginning with 1998), the Commission-(1) shall review all regulations issued under this Act in effect at thetime of the review that apply to the operations or activities of any providerof telecommunications service; and(2) shall determine whether any such regulation is no longer
necessary in the public interest as the result of meaningful economic
competition between providers of such service.
(b) EFFECT OF DETERMINATION.--The Commission shall repeal or modify
any regulation it determines to be no longer necessary in the public interest.

TITLE II--COMMON CARRIERSPART I--COMMON CARRIER REGULATION
SEC. 201. [47 U.S.C. 201] SERVICE AND CHARGES.
(a) It shall be the duty of every common carrier engaged in interstate or
foreign communication by wire or radio to furnish such communication service

35Communications Act of 1934
upon reasonable request therefor; and, in accordance with the orders of theCommission, in cases where the Commission, after opportunity for hearing, finds
such action necessary or desirable in the public interest, to establish physicalconnections with other carriers, to establish through routes and charges applicable
thereto and the divisions of such charges, and to establish and provide facilities andregulations for operating such through routes.
(b) All charges, practices, classifications, and regulations for and inconnection with such communication service, shall be just and reasonable, and any
such charge, practice, classification, or regulation that is unjust or unreasonable ishereby declared to be unlawful: Provided, That communications by wire or radio
subject to this Act may be classified into day, night, repeated, unrepeated, letter,commercial, press, Government and such other classes as the Commission may
decide to be just and reasonable, and different charges may be made for thedifferent classes of comunications: Provided further, That nothing in this Act or in
any other provision of law shall be construed to prevent a common carrier subject
to this Act from entering into or operating under any contract with any common
carrier not subject to this Act, for the exchange of their services, if the Commission
is of the opinion that such contract is not contrary to the public interest: Provided
further, That nothing in this Act or in any other provision of law shall prevent a
common carrier subject to this Act from furnishing reports of positions of ships at
sea to newspapers of general circulation, either at a nominal charge or withoutcharge, provided the name of such common carrier is displayed along with suchship position reports. The Commissioner may prescribe such rules and regulations
as may be necessary in the public interest to carry out the provisions of this Act.
SEC. 202. [47 U.S.C. 202] DISCRIMINATION AND PREFERENCES.
(a) It shall be unlawful for any common carrier to make any unjust or
unreasonable discrimination in charges, practices, classifications, regulations,facilities, or services for or in connection with like communication service, directly
or indirectly, by any means or device, or to make or give any undue or
unreasonable preference or advantage to any particular person, class of persons, or
locality, or to subject any particular person, class of persons, or locality to any
undue or unreasonable prejudice or disadvantage.
(b) Charges or services, whenever referred to in this Act, include charges
for, or services in connection with, the use of common carrier lines ofcommunication, whether derived from wire or radio facilities, in chain broadcastingor incidental to radio communication of any kind.
(c) Any carrier who knowingly violates the provisions of this section shallforfeit to the United States the sum of $6,000 for each such offense and $300 foreach and every day of the continuance of such offense.
SEC. 203. [47 U.S.C. 203] SCHEDULES OF CHARGES.

36

Communications Act of 1934(a) Every common carrier, except connecting carriers, shall, within suchreasonable time as the Commission shall designate, file with the Commission andprint and keep open for public inspection schedules showing all charges for itself
and its connecting carriers for interstate and foreign wire or radio communication
between the different points on its own system, and between points on its own
system and points on the system of its connecting carriers or points on the systemof any other carrier subject to this Act when a through route has been established,
whether such charges are joint or separate, and showing the classifications,practices, and regulations affecting such charges. Such schedules shall contain suchother information, and be printed in such form, and be posted and kept open for
public inspection in such places, as the Commission may by regulation require, andeach such schedule shall give notice of its effective date; and such common carrier
shall furnish such schedules to each of its connecting carriers, and such connecting
carriers shall keep such schedules open for inspection in such public places as theCommission may require.
(b)(1) No change shall be made in the charges, classifications, regulations,or practices which have been so filed and published except after one hundred andtwenty days notice to the Commission and to the public, which shall be publishedin such form and contain such information as the Commission may by regulationsprescribe.
(2) The Commission may, in its discretion and for good cause shown,modify any requirement made by or under the authority of this section either inparticular instances or by general order applicable to special circumstances orconditions except that the Commission may not require the notice period specifiedin paragraph (1) to be more than one hundred and twenty days.
(c) No carrier, unless otherwise provided by or under authority of this Act,
shall engage or participate in such communication unless schedules have been filed
and published in accordance with the provisions of this Act and with theregulations made thereunder; and no carrier shall (1) charge, demand, collect, or
receive a greater or less or different compensation, for such communication, or forany service in connection therewith, between the points named in any suchschedule than the charges specified in the schedule then in effect, or (2) refund orremit by any means or device any portion of the charges so specified, or (3) extend
to any person any privileges or facilities, in such communication, or employ or
enforce any classifications, regulations, or practices affecting such charges, except
as specified in such schedule.
(d) The Commission may reject and refuse to file any schedule entered forfiling which does not provide and give lawful notice of its effective date. Anyschedule so rejected by the Commission shall be void and its use shall be unlawful.
(e) In case of failure or refusal on the part of any carrier to comply with theprovisions of this section or of any regulation or order made by the Commission
thereunder, such carrier shall forfeit to the United States the sum of $6,000 for37

Communications Act of 1934
each such offense, and $300 for each and every day of the continuance of suchoffense.
SEC. 204. [47 U.S.C. 204] HEARING AS TO LAWFULNESS OF NEW
CHARGES; SUSPENSION.
(a)(1) Whenever there is filed with the Commission any new or revised
charge, classification, regulation, or practice, the Commission may either uponcomplaint or upon its own initiative without complaint, upon reasonable notice,enter upon a hearing concerning the lawfulness thereof; and pending such hearing
and the decision thereon the Commission, upon delivering to the carrier or carriers
affected thereby a statement in writing of its reasons for such suspension, may
suspend the operation of such charge, classification, regulation, or practice, inwhole or in part but not for a longer period than five months beyond the time when
it would otherwise go into effect; and after full hearing the Commission may makesuch order with reference thereto as would be proper in a proceeding initiated after
such charge, classification, regulation, or practice had become effective. If theproceeding has not been concluded and an order made within the period of thesuspension, the proposed new or revised charge, classification, regulation, or
practice shall go into effect at the end of such period; but in case of a proposedcharge for a new service or a revised charge, the Commission may by order require
the interested carrier or carriers to keep accurate account of all amounts received
by reason of such charge for a new service or revised charge, specifying by whomand in whose behalf such amounts are paid, and upon completion of the hearing
and decision may by further order require the interested carrier or carriers torefund, with interest, to the persons in whose behalf such amounts were paid, such
portion of such charge for a new service or revised charges as by its decision shallbe found not justified. At any hearing involving a new or revised charge, or a
proposed new or revised charge, the burden of proof to show that the new orrevised charge, or proposed charge, is just and reasonable shall be upon the carrier,and the Commission shall give to the hearing and decision of such questions
preference over all other questions pending before it and decide the same as
speedily as possible.
(2)(A) Except as provided in subparagraph (B), the Commission shall, withrespect to any hearing under this section, issue an order concluding such hearing
within 5 months after the date that the charge, classification, regulation, or practicesubject to the hearing becomes effective.
(B) The Commission shall, with respect to any such hearing initiated prior
to the date of enactment of this paragraph, issue an order concluding the hearing
not later than 12 months after such date of enactment.
(C) Any order concluding a hearing under this section shall be a final orderand may be appealed under section 402(a).
(3) A local exchange carrier may file with the Commission a new or

38

Communications Act of 1934
revised charge, classification, regulation, or practice on a streamlined basis.
Any such charge, classification, regulation, or practice shall be deemedlawful and shall be effective 7 days (in the case of a reduction in rates) or
15 days (in the case of an increase in rates) after the date on which it isfiled with the Commission unless the Commission takes action underparagraph (1) before the end of that 7-day or 15-day period, as isappropriate.
(b) Notwithstanding the provisions of subsection (a) of this section, theCommission may allow part of a charge, classification, regulation, or practice to go
into effect, based upon a written showing by the carrier or carriers affected, and an
opportunity for written comment thereon by affected persons, that such partial
authorization is just, fair, and reasonable. Additionally, or in combination with apartial authorization, the Commission, upon a similar showing, may allow all orpart of a charge, classification, regulation, or practice to go into effect on atemporary basis pending further order of the Commission. Authorizations of
temporary new or increased charges may include an accounting order of the typeprovided for in subsection (a).
SEC. 205. [47 U.S.C. 205] COMMISSION AUTHORIZED TO PRESCRIBEJUST AND REASONABLE CHARGES.
(a) Whenever, after full opportunity for hearing, upon a complaint or under
an order for investigation and hearing made by the Commission on its own
initiative, the Commission shall be of opinion that any charge, classification,
regulation, or practice of any carrier or carriers is or will be in violation of any ofthe provisions of this Act, the Commission is authorized and empowered todetermine and prescribe what will be the just and reasonable charge or the
maximum or minimum, or maximum and minimum, charge or charges to be
thereafter observed, and what classification, regulation, or practice is or will be
just, fair, and reasonable, to be thereafter followed, and to make an order that thecarrier or carriers shall cease and desist from such violation to the extent that theCommission finds that the same does or will exist, and shall not thereafter publish,
demand, or collect any charge other than the charge so prescribed, or in excess ofthe maximum or less than the minimum so prescribed, as the case may be, and shalladopt the classification and shall conform to and observe the regulation or practiceso prescribed.
(b) Any carrier, any officer, representative, or agent of a carrier, or any
receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects
to obey any order made under the provisions of this section shall forfeit to theUnited States the sum of $12,000 for each offense. Every distinct violation shall bea separate offense, and in case of continuing violation each day shall be deemed aseparate offense.

39

Communications Act of 1934
SEC. 206. [47 U.S.C. 206] LIABILITY OF CARRIERS FOR DAMAGES.
In case any common carrier shall do, or cause or permit to be done, anyact, matter, or thing in this Act prohibited or declared to be unlawful, or shall omit
to do any act, matter, or thing in this Act required to be done, such common
carrier shall be liable to the person or persons injured thereby for the full amount ofdamages sustained in consequence of any such violation of the provisions of thisAct, together with a reasonable counsel or attorney's fee, to be fixed by the courtin every case of recovery, which attorney's fee shall be taxed and collected as partof the costs in the case.
SEC. 207. [47 U.S.C. 207] RECOVERY OF DAMAGES.
Any person claiming to be damaged by any common carrier subject to theprovisions of this Act may either make complaint to the Commission as hereinafter
provided for, or may bring suit for the recovery of the damages for which suchcommon carrier may be liable under the provisions of this Act, in any district courtof the United States of competent jurisdiction; but such person shall not have theright to pursue both such remedies.
SEC. 208. [47 U.S.C. 208] COMPLAINTS TO THE COMMISSION.
(a) Any person, any body politic or municipal organization, or State
commission, complaining of anything done or omitted to be done by any common
carrier subject to this Act, in contravention of the provisions thereof, may apply tosaid Commission by petition which shall briefly state the facts, whereupon astatement of the complaint thus made shall be forwarded by the Commission tosuch common carrier, who shall be called upon to satisfy the complaint or toanswer the same in writing within a reasonable time to be specified by theCommission. If such common carrier within the time specified shall makereparation for the injury alleged to have been caused, the common carrier shall be
relieved of liability to the complainant only for the particular violation of law thus
complained of. If such carrier or carriers shall not satisfy the complaint within thetime specified or there shall appear to be any reasonable ground for investigating
said complaint, it shall be the duty of the Commission to investigate the matterscomplained of in such manner and by such means as it shall deem proper. No
complaint shall at any time be dismissed because of the absence of direct damage
to the complainant.
(b)(1) Except as provided in paragraph (2), the Commission shall, withrespect to any investigation under this section of the lawfulness of a charge,
classification, regulation, or practice, issue an order concluding such investigation
within 5 months after the date on which the complaint was filed.
(2) The Commission shall, with respect to any such investigation initiatedprior to the date of enactment of this subsection, issue an order concluding theinvestigation not later than 12 months after such date of enactment.

40

Communications Act of 1934
(3) Any order concluding an investigation under paragraph (1) or (2) shallbe a final order and may be appealed under section 402(a).
SEC. 209. [47 U.S.C. 209] ORDERS FOR PAYMENT OF MONEY.
If, after hearing on a complaint, the Commission shall determine that any
party complainant is entitled to an award of damages under the provisions of thisAct, the Commission shall make an order directing the carrier to pay to thecomplainant the sum to which he is entitled on or before a day named.
SEC. 210. [47 U.S.C. 210] FRANKS AND PASSES.
(a) Nothing in this Act or in any other provision of law shall be construed
to prohibit common carriers from issuing or giving franks to, exchanging franks
with each other for the use of, their officers, agents, employees, and their families,
or subject to such rules as the Commission may prescribe, from issuing, giving, or
exchanging franks and passes to or with other common carriers not subject to theprovisions of this Act, for the use of their officers, agents, employees, and theirfamilies. The term ''employees,'' as used in this section, shall include furloughed,pensioned, and superannuated employees.
(b) Nothing in this Act or in any other provision of law shall be construed
to prohibit common carriers from rendering to any agency of the Government freeservice in connection with the preparation for the national defense: Provided, Thatsuch free service may be rendered only in accordance with such rules andregulations as the Commission may prescribe therefor.
SEC. 211. [47 U.S.C. 211] COPIES OF CONTRACTS TO BE FILED.
(a) Every carrier subject to this Act shall file with the Commission copiesof all contracts, agreements, or arrangements with other carriers, or with common
carriers not subject to the provisions of this Act, in relation to any traffic affectedby the provisions of this Act to which it may be a party.
(b) The Commission shall have authority to require the filing of any othercontracts of any carrier, and shall also have authority to exempt any carrier from
submitting copies of such minor contracts as the Commission may determine.
SEC. 212. [47 U.S.C. 212] INTERLOCKING DIRECTORATES-OFFICIALS DEALING IN SECURITIES.
It shall be unlawful for any person to hold the position of officer or directorof more than one carrier subject to this Act, unless such holding shall have beenauthorized by order of the Commission, upon due showing in form and mannerprescribed by the Commission, that neither public nor private interests will be
adversely affected thereby: Provided, That the Commission may authorize persons
to hold the position of officer or director in more than one such carrier, without
regard to the requirements of this section, where it has found that one of the two

41

Communications Act of 1934or more carriers directly or indirectly owns more than 50 per centum of the stockof the other or others, or that 50 per centum or more of the stock of all suchcarriers is directly or indirectly owned by the same person. After this section takes
effect it shall be unlawful for any officer or director of any carrier subject to thisAct to receive for his own benefit directly or indirectly, any money or thing ofvalue in respect of negotiation, hypothecation, or sale of any securities issued or to
be issued by such carriers, or to share in any of the proceeds thereof, or toparticipate in the making or paying of any dividends of such carriers from any
funds properly included in capital account.
SEC. 213. [47 U.S.C. 213] VALUATION OF CARRIER PROPERTY.
(a) The Commission may from time to time, as may be necessary for theproper administration of this Act, and after opportunity for hearing, make avaluation of all or of any part of the property owned or used by any carrier subject
to this Act, as of such date as the Commission may fix.
(b) The Commission may at any time require any such carrier to file with
the Commission an inventory of all or of any part of the property owned or usedby said carrier, which inventory shall show the units of said property classified insuch detail, and in such manner, as the Commission shall direct, and shall show theestimated cost of reproduction new of said units, and their reproduction cost newless depreciation, as of such date as the Commission may direct; and such carrier
shall file such inventory within such reasonable time as the Commission by ordershall require.
(c) The Commission may at any time require any such carrier to file with
the Commission a statement showing the original cost at the time of dedication to
the public use of all or of any part of the property owned or used by said carrier.
For the showing of such original cost said property shall be classified, and theoriginal cost shall be defined, in such manner as the Commission may prescribe;and if any part of such cost cannot be determined from accounting or otherrecords, the portion of the property for which such cost cannot be determined shallbe reported to the Commission; and if the Commission shall so direct, the original
cost thereof shall be estimated in such manner as the Commission may prescribe. If
the carrier owning the property at the time such original cost is reported shall have
paid more or less than the original cost to acquire the same, the amount of suchcost of acquisition, and any facts which the Commission may require in connection
therewith, shall be reported with such original cost. The report made by a carrier
under this paragraph shall show the source or sources from which the original cost
reported was obtained, and such other information as to the manner in which thereport was prepared, as the Commission shall require.
(d) Nothing shall be included in the original cost reported for the propertyof any carrier under paragraph (c) of this section on account of any easement,
license, or franchise granted by the United States or by any State or political42

Communications Act of 1934
subdivision thereof, beyond the reasonable necessary expense lawfully incurred in
obtaining such easement, license, or franchise from the public authority aforesaid,
which expense shall be reported separately from all other costs in such detail as theCommission may require; and nothing shall be included in any valuation of theproperty of any carrier made by the Commission on account of any such easement,
license, or franchise, beyond such reasonable necessary expense lawfully incurred
as aforesaid.
(e) The Commission shall keep itself informed of all new construction,
extensions, improvements, retirements, or other changes in the condition, quantity,use, and classification of the property of common carriers, and of the cost of all
additions and betterments thereto and of all changes in the investment therein, andmay keep itself informed of current changes in costs and values of carrier
properties.
(f) For the purpose of enabling the Commission to make a valuation of anyof the property of any such carrier, or to find the original cost of such property, or
to find any other facts concerning the same which are required for use by theCommission, it shall be the duty of each such carrier to furnish to the Commission,
within such reasonable time as the Commission may order, any information withrespect thereto which the Commission may by order require, including copies ofmaps, contracts, reports of engineers, and other data, records, and papers, and to
grant to all agents of the Commission free access to its property and its accounts,
records, and memoranda whenever and wherever requested by any such duly
authorized agent, and to cooperate with and aid the Commission in the work ofmaking any such valuation of finding in such manner and to such extent as theCommission may require and direct, and all rules and regulations made by theCommission for the purpose of administering this section shall have the full force
and effect of law. Unless otherwise ordered by the Commission, with the reasons
therefor, the records and data of the Commission shall be open to the inspectionand examination of the public. The Commission, in making any such valuation,
shall be free to adopt any method of valuation which shall be lawful.
(g) Nothing in this section shall impair or diminish the powers of any State
commission.
SEC. 214. [47 U.S.C. 214] EXTENSION OF LINES.
(a) No carrier shall undertake the construction of a new line or of an
extension of any line, or shall acquire or operate any line, or extension thereof, orshall engage in transmission over or by means of such additional or extended line,
unless and until there shall first have been obtained from the Commission acertificate that the present or future public convenience and necessity require or
will require the construction, or operation, or construction and operation, of such
additional or extended line: Provided, That no such certificate shall be required
under this section for the construction, acquisition, or operation of (1) a line within43

Communications Act of 1934a single State unless such line constitutes part of an interstate line, (2) local,
branch, or terminal lines not exceeding ten miles in length, or (3) any line acquired
under section 221 of this Act: Provided further, That the Commission may, upon
appropriate request being made, authorize temporary or emergency service, or the
supplementing of existing facilities, without regard to the provisions of thissection. No carrier shall discontinue, reduce, or impair service to a community, orpart of a community, unless and until there shall first have been obtained from theCommission a certificate that neither the present nor future public convenience andnecessity will be adversely affected thereby; except that the Commission may, upon
appropriate request being made, authorize temporary or emergency
discontinuance, reduction, or impairment of service, or partial discontinuance,
reduction, or impairment of service, without regard to the provisions of thissection. As used in this section the term ''line'' means any channel ofcommunication established by the use of appropriate equipment, other than achannel of communication established by the interconnection of two or moreexisting channels: Provided, however, That nothing in this section shall be
construed to require a certificate or other authorization from the Commission for
any installation, replacement, or other changes in plant, operation, or equipment,
other than new construction, which will not impair the adequacy or quality ofservice provided.
(b) Upon receipt of an application for any such certificate, the Commission
shall cause notice thereof to be given to, and shall cause a copy of such application
to be filed with, the Secretary of Defense, the Secretary of State (with respect tosuch applications involving service to foreign points), and the Governor of eachState in which such line is proposed to be constructed, extended, acquired, or
operated, or in which such discontinuance, reduction, or impairment of service is
proposed, with the right to those notified to be heard; and the Commission may
require such published notice as it shall determine.
(c) The Commission shall have power to issue such certificate as appliedfor, to refuse to issue it, or to issue it for a portion or portions of a line, or
extension thereof, or discontinuance, reduction, or impairment of service,described in the application, or for the partial exercise only of such right or
privilege, and may attach to the issuance of the certificate such terms andconditions as in its judgment the public convenience and necessity may require.
After issuance of such certificate, and not before, the carrier may, without securing
approval other than such certificate, comply with the terms and conditions
contained in or attached to the issuance of such certificate and proceed with theconstruction, extension, acquisition, operation, or discontinuance, reduction, or
impairment of service covered thereby. Any construction, extension, acquisition,
operation, discontinuance, reduction, or impairment of service contrary to theprovisions of this section may be enjoined by any court of competent jurisdiction at
the suit of the United States, the Commission, the State commission, any State

44

Communications Act of 1934
affected, or any party in interest.
(d) The Commission may, after full opportunity for hearing, in aproceeding upon complaint or upon its own initiative without complaint, authorize
or require by order any carrier, party to such proceeding, to provide itself withadequate facilities for the expeditious and efficient performance of its service as acommon carrier and to extend its line or to establish a public office; but no such
authorization or order shall be made unless the Commission finds, as to suchprovision of facilities, as to such establishment of public offices, or as to suchextension, that it is reasonably required in the interest of public convenience andnecessity, or as to such extension or facilities that the expense involved therein will
not impair the ability of the carrier to perform its duty to the public. Any carrier
which refuses or neglects to comply with any order of the Commission made inpursuance of this paragraph shall forfeit to the United States $1,200 for each day
during which such refusal or neglect continues.
(e) PROVISION OF UNIVERSAL SERVICE.-(1) ELIGIBLE TELECOMMUNICATIONS CARRIERS.--A common carrier
designated as an eligible telecommunications carrier under paragraph (2) or(3) shall be eligible to receive universal service support in accordance withsection 254 and shall, throughout the service area for which the designationis received-(A) offer the services that are supported by Federal
universal service support mechanisms under section 254(c), either
using its own facilities or a combination of its own facilities andresale of another carrier's services (including the services offered byanother eligible telecommunications carrier); and(B) advertise the availability of such services and thecharges therefor using media of general distribution.
(2) DESIGNATION OF ELIGIBLE TELECOMMUNICATIONS CARRIERS.-A State commission shall upon its own motion or upon request designate acommon carrier that meets the requirements of paragraph (1) as an eligible
telecommunications carrier for a service area designated by the State
commission. Upon request and consistent with the public interest,
convenience, and necessity, the State commission may, in the case of anarea served by a rural telephone company, and shall, in the case of all otherareas, designate more than one common carrier as an eligible
telecommunications carrier for a service area designated by the State
commission, so long as each additional requesting carrier meets therequirements of paragraph (1). Before designating an additional eligible
telecommunications carrier for an area served by a rural telephonecompany, the State commission shall find that the designation is in the
public interest.
(3) DESIGNATION OF ELIGIBLE TELECOMMUNICATIONS CARRIERS

45

Communications Act of 1934
FOR UNSERVED AREAS.--If no common carrier will provide the services thatare supported by Federal universal service support mechanisms under
section 254(c) to an unserved community or any portion thereof thatrequests such service, the Commission, with respect to interstate services,or a State commission, with respect to intrastate services, shall determine
which common carrier or carriers are best able to provide such service tothe requesting unserved community or portion thereof and shall order suchcarrier or carriers to provide such service for that unserved community or
portion thereof. Any carrier or carriers ordered to provide such service
under this paragraph shall meet the requirements of paragraph (1) and shallbe designated as an eligible telecommunications carrier for that communityor portion thereof.
(4) RELINQUISHMENT OF UNIVERSAL SERVICE.--A State commission
shall permit an eligible telecommunications carrier to relinquish its
designation as such a carrier in any area served by more than one eligible
telecommunications carrier. An eligible telecommunications carrier thatseeks to relinquish its eligible telecommunications carrier designation for an
area served by more than one eligible telecommunications carrier shall giveadvance notice to the State commission of such relinquishment. Prior topermitting a telecommunications carrier designated as an eligible
telecommunications carrier to cease providing universal service in an area
served by more than one eligible telecommunications carrier, the State
commission shall require the remaining eligible telecommunications carrieror carriers to ensure that all customers served by the relinquishing carrier
will continue to be served, and shall require sufficient notice to permit thepurchase or construction of adequate facilities by any remaining eligible
telecommunications carrier. The State commission shall establish a time,
not to exceed one year after the State commission approves such
relinquishment under this paragraph, within which such purchase or
construction shall be completed.
(5) SERVICE AREA DEFINED.--The term ''service area'' means ageographic area established by a State commission for the purpose ofdetermining universal service obligations and support mechanisms. In thecase of an area served by a rural telephone company, ''service area'' means
such company's ''study area'' unless and until the Commission and theStates, after taking into account recommendations of a Federal-State Joint
Board instituted under section 410(c), establish a different definition ofservice area for such company.
SEC. 215. [47 U.S.C. 215] TRANSACTIONS RELATING TO SERVICES,EQUIPMENT, AND SO FORTH.
(a) The Commission shall examine into transactions entered into by any

46Communications Act of 1934
common carrier which relate to the furnishing of equipment, supplies, research,
services, finances, credit, or personnel to such carrier and/or which may affect thechanges made or to be made and/or the services rendered or to be rendered bysuch carrier, in wire or radio communications subject to this Act, and shall reportto the Congress whether any such transactions have affected or are likely to affectadversely the ability of the carrier to render adequate service to the public, or may
result in any undue or unreasonable increase in charges or in the maintenance of
undue or unreasonable charges for such service; and in order to fully examine intosuch transactions the Commission shall have access to and the right of inspectionand examination of all accounts, records, and memoranda including all documents,
papers, and correspondence now or hereafter existing, of persons furnishing such
equipment, supplies, research, services, finances, credit, or personnel. The
Commission shall include in its report its recommendations for necessary
legislation in connection with such transactions, and shall report specificallywhether in its opinion legislation should be enacted (1) authorizing theCommission to declare any such transactions void or to permit such transactions to
be carried out subject to such modification of their terms and conditions as theCommission shall deem desirable in the public interest; and/or (2) subjecting suchtransactions to the approval of the Commission where the person furnishing or
seeking to furnish the equipment, supplies, research, service, finances, credit or
personnel is a person directly or indirectly controlling or controlled by, or under
direct or indirect common control with, such carrier; and/or (3) authorizing theCommission to require that all or any transactions of carriers involving thefurnishing of equipment, supplies, research, services, finances, credit, or personnel
to such carrier be upon competitive bids on such terms and conditions and subject
to such regulations as it shall prescribe as necessary in the public interest.
(b) The Commission shall investigate the methods by which and the extent
to which wire telephone companies are furnishing wire telegraph service and wire
telegraph companies are furnishing wire telephone service, and shall report its
findings to Congress together with its recommendations as to whether additional
legislation on this subject is desirable.
(c) The Commission shall examine all contracts of common carriers subject
to this Act which prevent the other party thereto from dealing with anothercommon carrier subject to this Act, and shall report its findings to Congress,
together with its recommendations as to whether additional legislation on thissubject is desirable.
SEC. 216. [47 U.S.C. 216] APPLICATION OF ACT TO RECEIVERS AND
TRUSTEES.
The provisions of this Act shall apply to all receivers and operating trustees
of carriers subject to this Act to the same extent that it applies to carriers.

47

Communications Act of 1934

SEC. 217. [47 U.S.C. 217] LIABILITY OF CARRIER FOR ACTS ANDOMISSIONS OF AGENTS.
In construing and enforcing the provisions of this Act, the act, omission, or
failure of any officer, agent, or other person acting for or employed by any
common carrier or user, acting within the scope of his employment, shall in every
case be also deemed to be the act, omission, or failure of such carrier or user aswell as that of the person.
SEC. 218. [47 U.S.C. 218] INQUIRIES INTO MANAGEMENT.
The Commission may inquire into the management of the business of all
carriers subject to this Act, and shall keep itself informed as to the manner andmethod in which the same is conducted and as to technical developments andimprovements in wire and radio communication and radio transmission of energy
to the end that the benefits of new inventions and developments may be madeavailable to the people of the United States. The Commission may obtain fromsuch carriers and from persons directly or indirectly controlling or controlled by, or
under direct or indirect common control with, such carriers full and complete
information necessary to enable the Commission to perform the duties and carryout the objects for which it was created.
SEC. 219. [47 U.S.C. 219] ANNUAL AND OTHER REPORTS.
(a) The Commission is authorized to require annual reports from all
carriers subject to this Act, and from persons directly or indirectly controlling orcontrolled by, or under direct or indirect common control with, any such carrier, toprescribe the manner in which such reports shall be made, and to require from such
persons specific answers to all questions upon which the Commission may need
information. Except as otherwise required by the Commission, such annual reports
shall show in detail the amount of capital stock issued, the amount and privilegesof each class of stock, the amounts paid therefor, and the manner of payment forthe same; the dividends paid and the surplus fund, if any; the number ofstockholders (and the names of the thirty largest holders of each class of stock andthe amount held by each); the funded and floating debts and the interest paid
thereon; the cost and value of the carrier's property, franchises, and equipment; thenumber of employees and the salaries paid each class; the names of all officers anddirectors, and the amount of salary, bonus, and all other compensation paid toeach; the amounts expended for improvements each year, how expended, and thecharacter of such improvements; the earnings and receipts from each branch of
business and from all sources; the operating and other expenses; the balances of
profit and loss; and a complete exhibit of the financial operations of the carriereach year, including an annual balance sheet. Such reports shall also contain suchinformation in relation to charges or regulations concerning charges, or48

Communications Act of 1934
agreements, arrangements, or contracts affecting the same, as the Commission may
require.
(b) Such reports shall be for such twelve months' period as the Commission
shall designate and shall be filed with the Commission at its office in Washington
within three months after the close of the year for which the report is made, unlessadditional time is granted in any case by the Commission; and if any person subject
to the provisions of this section shall fail to make and file said annual reports
within the time above specified, or within the time extended by the Commission,
for making and filing the same, or shall fail to make specific answer to any question
authorized by the provisions of this section within thirty days from the time it islawfully required so to do, such person shall forfeit to the United States the sum of$1,200 for each and every day it shall continue to be in default with respect
thereto. The
Commission may by general or special orders require any such carriers to filemonthly reports of earnings and expenses and to file periodical and/or special
reports concerning any matters with respect to which the Commission is
authorized or required by law to act. If any such carrier shall fail to make and file
any such periodical or special report within the time fixed by the Commission, it
shall be subject to the forefeitures above provided.
SEC. 220. [47 U.S.C. 220] ACCOUNTS, RECORDS, AND MEMORANDA;
DEPRECIATION CHARGES(a)(1) The Commission may, in its discretion, prescribe the forms of any
and all accounts, records, and memoranda to be kept by carriers subject to thisAct, including the accounts, records, and memoranda of the movement of traffic,
as well as of the receipts and expenditures of moneys.
(2) The Commission shall, by rule, prescribe a uniform system of accounts
for use by telephone companies. Such uniform system shall require that eachcommon carrier shall maintain a system of accounting methods, procedures, andtechniques (including accounts and supporting records and memoranda) whichshall ensure a proper allocation of all costs to and among telecommunications
services, facilities, and products (and to and among classes of such services,
facilities, and products) which are developed, manufactured, or offered by suchcommon carrier.
(b) The Commission may prescribe for such carriers as it determines to beappropriate, the classes of property for which depreciation charges may beproperly included under operating expenses, and the percentages of depreciation
which shall be charged with respect to each of such classes of property, classifying
the carriers as it may deem proper for this purpose. The Commission may, when it
deems necessary, modify the classes and percentages so prescribed. Such carriers
shall not, after the Commission has prescribed the classes of property for which
depreciation charges may be included, charge to operating expenses any

49Communications Act of 1934
depreciation charges on classes of property other than those prescribed by theCommission, or, after the Commission has prescribed percentages of depreciation,
charge with respect to any class of property a percentage of depreciation otherthan that prescribed therefor by the Commission. No such carrier shall in any caseinclude in any form under its operating or other expenses any depreciation or othercharge or expenditure included elsewhere as a depreciation charge or otherwise
under its operating or other expenses.
(c) The Commission shall at all times have access to and the right ofinspection and examination of all accounts, records, and memoranda, including all
documents, papers, and correspondence now or hereafter existing, and kept or
required to be kept by such carriers, and the provisions of this section respecting
the preservation and destruction of books, papers, and documents shall apply
thereto. The burden of proof to justify every accounting entry questioned by theCommission shall be on the person making, authorizing, or requiring such entry
and the Commission may suspend a charge or credit pending submission of proof
by such person. Any provision of law prohibiting the disclosure of the contents ofmessages or communications shall not be deemed to prohibit the disclosure of any
matter in accordance with the provisions of this section. The Commission may
obtain the services of any person licensed to provide public accounting services
under the law of any State to assist with, or conduct, audits under this section.
While so employed or engaged in conducting an audit for the Commission under
this section, any such person shall have the powers granted the Commission under
this subsection and shall be subject to subsection (f) in the same manner as if that
person were an employee of the Commission.
(d) In case of failure or refusal on the part of any such carrier to keep suchaccounts, records, and memoranda on the books and in the manner prescribed by
the Commission, or to submit such accounts, records, memoranda, documents,
papers, and correspondence as are kept to the inspection of the Commission or anyof its authorized agents, such carrier shall forfeit to the United States the sum of$6,000 for each day of the continuance of each such offense.
(e) Any person who shall willfully make any false entry in the accounts ofany book of accounts or in any record or memoranda kept by any such carrier, or
who shall willfully destroy, mutilate, alter, or by any other means or device falsify
any such account, record, or memoranda, or who shall willfully neglect or fail tomake full, true, and correct entries in such accounts, records, or memoranda of all
facts and transactions appertaining to the business of the carrier, shall be deemed
guilty of a misdemeanor, and shall be subject, upon conviction, to a fine of not lessthan $1,000 nor more than $5,000 or imprisonment for a term of not less than one
year nor more than three years, or both such fine and imprisonment: Provided,
That the Commission may in its descretion issue orders specifying such operating,accounting, or financial papers, records, books, blanks, or documents which may,after a reasonable time, be destroyed, and prescribing the length of time such

50

Communications Act of 1934
books, papers, or documents shall be preserved.
(f) No member, officer, or employee of the Commission shall divulge any
fact or information which may come to his knowledge during the course of
examination of books or other accounts, as hereinbefore provided, except insofar
as he may be directed by the Commission or by a court.
(g) After the Commission has prescribed the forms and manner of keepingof accounts, records, or memoranda to be kept by any person as herein provided, it
shall be unlawful for such person to keep any other accounts, records, ormemoranda than those so prescribed or such as may be approved by theCommission or to keep the accounts in any other manner than that prescribed orapproved by the Commission. Notice of alterations by the Commission in therequired manner or form of keeping accounts shall be given to such persons by theCommission at least six months before the same are to take effect.
(h) The Commission may classify carriers subject to this Act and prescribe
different requirements under this section for different classes of carriers, and may,
if it deems such action consistent with the public interest, except the carriers of any
particular class or classes in any State from any of the requirements under thissection in cases where such carriers are subject to State commission regulation
with respect to matters to which this section relates.
(i) The Commission, before prescribing any requirements as to accounts,
records, or memoranda, shall notify each State commission having jurisdiction withrespect to any carrier involved, and shall give reasonabale opportunity to each suchcommission to present its views, and shall receive and consider such views andrecommendations.
(j) The Commission shall investigate and report to Congress as to the needfor legislation to define further or harmonize the powers of the Commission and ofState commissions with respect to matters to which this section relates.
SEC. 221. [47 U.S.C. 221] SPECIAL PROVISIONS RELATING TO
TELEPHONE COMPANIES.
[(a) Repealed by Public Law 104-104; 110 Stat. 143.](b) Subject to the provisions of sections 225 and 301, nothing in this Act
shall be construced to apply, or to give the Commission jurisdiction, with respect
to charges, classifications, practices, services, facilities, or regulations for or inconnection with wire, mobile, or point-to-point radio telephone exchange service,or any combination thereof even though a portion of such exchange service
constitutes interstate or foreign communication, in any case where such matters are
subject to regulation by a State commission or by local governmental authority.
(c) For the purpose of administering this Act as to carriers engaged in wire
telephone communication, the Commission may classify the property of any suchcarrier used for wire telephone communication, and determine what property ofsaid carrier shall be considered as used in interstate or foreign telephone toll51

Communications Act of 1934
service. Such classification shall be made after hearing, upon notice to the carrier,
the State commission (or the Governor, if the State has no State commission) of
any State in which the property of said carrier is located, and such other persons as
the commission may prescribe.
?? Sec. 221(d) In making a valuation of the property of any wire telephone carrier theCommission, after making the classification authorized in this section, may in its
discretion value only that part of the property of such carrier determined to be
used in interstate or foreign telephone toll service.
SEC. 222. [47 U.S.C. 222] PRIVACY OF CUSTOMER INFORMATION.
(a) IN GENERAL.--Every telecommunications carrier has a duty to protect
the confidentiality of proprietary information of, and relating to, othertelecommunication carriers, equipment manufacturers, and customers, including
telecommunication carriers reselling telecommunications services provided by atelecommunications carrier.
(b) CONFIDENTIALITY OF CARRIER INFORMATION.--A telecommunications
carrier that receives or obtains proprietary information from another carrier for
purposes of providing any telecommunications service shall use such information
only for such purpose, and shall not use such information for its own marketing
efforts.
(c) CONFIDENTIALITY OF CUSTOMER PROPRIETARY NETWORKINFORMATION.-(1) PRIVACY REQUIREMENTS FOR TELECOMMUNICATIONSCARRIERS.--Except as required by law or with the approval of thecustomer, a telecommunications carrier that receives or obtains customer
proprietary network information by virtue of its provision of atelecommunications service shall only use, disclose, or permit access toindividually identifiable customer proprietary network information in its
provision of (A) the telecommunications service from which suchinformation is derived, or (B) services necessary to, or used in, theprovision of such telecommunications service, including the publishing of
directories.
(2) DISCLOSURE ON REQUEST BY CUSTOMERS.--A
telecommunications carrier shall disclose customer proprietary network
information, upon affirmative written request by the customer, to any
person designated by the customer.
(3) AGGREGATE CUSTOMER INFORMATION.--A telecommunications
carrier that receives or obtains customer proprietary network information
by virtue of its provision of a telecommunications service may use,
disclose, or permit access to aggregate customer information other than forthe purposes described in paragraph (1). A local exchange carrier may use,52

Communications Act of 1934
disclose, or permit access to aggregate customer information other than for
purposes described in paragraph (1) only if it provides such aggregate
information to other carriers or persons on reasonable andnondiscriminatory terms and conditions upon reasonable request therefor.
(d) EXCEPTIONS.--Nothing in this section prohibits a telecommunications
carrier from using, disclosing, or permitting access to customer proprietary
network information obtained from its customers, either directly or indirectly
through its agents-(1) to initiate, render, bill, and collect for telecommunications
services;(2) to protect the rights or property of the carrier, or to protect
users of those services and other carriers from fraudulent, abusive, or
unlawful use of, or subscription to, such services; or(3) to provide any inbound telemarketing, referral, or administrative
services to the customer for the duration of the call, if such call was
initiated by the customer and the customer approves of the use of suchinformation to provide such service.
(e) SUBSCRIBER LIST INFORMATION.--Notwithstanding subsections (b), (c),and (d), a telecommunications carrier that provides telephone exchange service
shall provide subscriber list information gathered in its capacity as a provider ofsuch service on a timely and unbundled basis, under nondiscriminatory andreasonable rates, terms, and conditions, to any person upon request for the
purpose of publishing directories in any format.
(f) DEFINITIONS.--As used in this section:(1) CUSTOMER PROPRIETARY NETWORK INFORMATION.--The term''customer proprietary network information'' means-(A) information that relates to the quantity, technicalconfiguration, type, destination, and amount of use of atelecommunications service subscribed to by any customer of atelecommunications carrier, and that is made available to the carrier
by the customer solely by virtue of the carrier-customer
relationship; and(B) information contained in the bills pertaining to telephoneexchange service or telephone toll service received by a customer ofa carrier;except that such term does not include subscriber list information.
(2) AGGREGATE INFORMATION.--The term ''aggregate customer
information'' means collective data that relates to a group or category ofservices or customers, from which individual customer identities andcharacteristics have been removed.
(3) SUBSCRIBER LIST INFORMATION.--The term ''subscriber list
information'' means any information--

53

Communications Act of 1934(A) identifying the listed names of subscribers of a carrierand such subscribers' telephone numbers, addresses, or primary
advertising classifications (as such classifications are assigned at thetime of the establishment of such service), or any combination ofsuch listed names, numbers, addresses, or classifications; and(B) that the carrier or an affiliate has published, caused to be
published, or accepted for publication in any directory format.
SEC. 223. [47 U.S.C. 223] OBSCENE OR HARASSING TELEPHONECALLS IN THE DISTRICT OF COLUMBIA OR IN INTERSTATE OR
FOREIGN COMMUNICATIONS.
(a) Whoever-(1) in interstate or foreign communications-(A) by means of a telecommunications device knowingly-(i) makes, creates, or solicits, and(ii) initiates the transmission of,
any comment, request, suggestion, proposal, image, orother communication which is obscene, lewd, lascivious, filthy, or
indecent, with intent to annoy, abuse, threaten, or harass anotherperson;(B) by means of a telecommunications device knowingly-(i) makes, creates, or solicits, and(ii) initiates the transmission of,
any comment, request, suggestion, proposal, image, orother communication which is obscene or indecent, knowing thatthe recipient of the communication is under 18 years of age,regardless of whether the maker of such communication placed thecall or initiated the communication;(C) makes a telephone call or utilizes a telecommunications
device, whether or not conversation or communication ensues,
without disclosing his identity and with intent to annoy, abuse,
threaten, or harass any person at the called number or who receives
the communications;(D) makes or causes the telephone of another repeatedly or
continuously to ring, with intent to harass any person at the callednumber; or(E) makes repeated telephone calls or repeatedly initiates
communication with a telecommunications device, during whichconversation or communication ensues, solely to harass any personat the called number or who receives the communication; or(2) knowingly permits any telecommunications facility under his
control to be used for any activity prohibited by paragraph (1) with the54

Communications Act of 1934
intent that it be used for such activity,
shall be fined under title 18, United States Code, or imprisoned not morethan two years, or both.
(b)(1) Whoever knowingly-(A) within the United States, by means of telephone, makes(directly or by recording device) any obscene communication forcommercial purposes to any person, regardless of whether the maker ofsuch communication placed the call; or(B) permits any telephone facility under such person's control to be
used for an activity prohibited by subparagraph (A),shall be fined in accordance with title 18, United States Code, or
imprisoned not more than two years, or both.
(2) Whoever knowingly-(A) within the United States, by means of telephone, makes(directly or by recording device) any indecent communication forcommercial purposes which is available to any person under 18 years ofage or to any other person without that person's consent, regardless ofwhether the maker of such communication placed the call; or(B) permits any telephone facility under such person's control to be
used for an activity prohibited by subparagraph (A), shall be fined not morethan $50,000 or imprisoned not more than six months, or both.
(3) It is a defense to prosecution under paragraph (2) of this subsectionthat the defendant restricted access to the prohibited communication to persons 18
years of age or older in accordance with subsection (c) of this section and withsuch procedures as the Commission may prescribe by regulation.
(4) In addition to the penalties under paragraph (1), whoever, within the
United States, intentionally violates paragraph (1) or (2) shall be subject to a fineof not more than $50,000 for each violation. For purposes of this paragraph, eachday of violation shall constitute a separate violation.
(5)(A) In addition to the penalties under paragraphs (1), (2), and (5),whoever, within the United States, violates paragraph (1) or (2) shall be subject toa civil fine of not more than $50,000 for each violation. For purposes of thisparagraph, each day of violation shall constitute a separate violation.
(B) A fine under this paragraph may be assessed either-(i) by a court, pursuant to civil action by the Commission or any
attorney employed by the Commission who is designated by theCommission for such purposes, or(ii) by the Commission after appropriate administrative
proceedings.
(6) The Attorney General may bring a suit in the appropriate district courtof the United States to enjoin any act or practice which violates paragraph (1) or(2). An injunction may be granted in accordance with the Federal Rules of Civil

55

Communications Act of 1934
Procedure.
(c)(1) A common carrier within the District of Columbia or within any
State, or in interstate or foreign commerce, shall not, to the extent technicallyfeasible, provide access to a communication specified in subsection (b) from thetelephone of any subscriber who has not previously requested in writing the carrier
to provide access to such communication if the carrier collects from subscribers an
identifiable charge for such communication that the carrier remits, in whole or inpart, to the provider of such commuication.
(2) Except as provided in paragraph (3), no cause of action may be brought
in any court or administrative agency against any common carrier, or any of its
affiliates, including their officers, directors, employees, agents, or authorized
representatives on account of-(A) any action which the carrier demonstrates was taken in goodfaith to restrict access pursuant to paragraph (1) of this subsection; or(B) any access permitted-(i) in good faith reliance upon the lack of any representation
by a provider of communciations that communications provided bythat provider are communications specified in subsection (b), or(ii) because a specific representation by the provider did notallow the carrier, acting in good faith, a sufficient period to restrict
access to communications described in subsection (b).
(3) Notwithstanding paragraph (2) of this subsection, a provider ofcommunications services to which subscribers are denied access pursuant toparagraph (1) of this subsection may bring an action for a declaratory judgment orsimilar action in a court. Any such action shall be limited to the question ofwhether the communications which the provider seeks to provide fall within the
category of communications to which the carrier will provide access only to
subscribers who have previously requested such access.
(d) Whoever-(1) in interstate or foreign communications knowingly-(A) uses an interactive computer service to send to a
specific person or persons under 18 years of age, or(B) uses any interactive computer service to display in amanner available to a person under 18 years of age,
any comment, request, suggestion, proposal, image, or othercommunication that, in context, depicts or describes, in terms patently
offensive as measured by contemporary community standards, sexual or
excretory activities or organs, regardless of whether the user of suchservice placed the call or initiated the communication; or(2) knowingly permits any telecommunications facility under such
person's control to be used for an activity prohibited by paragraph (1) with
the intent that it be used for such activity,

56

Communications Act of 1934
shall be fined under title 18, United States Code, or imprisoned not morethan two years, or both.
(e) In addition to any other defenses available by law:(1) No person shall be held to have violated subsection (a) or (d)solely for providing access or connection to or from a facility, system, or
network not under that person's control, including transmission,
downloading, intermediate storage, access software, or other related
capabilities that are incidental to providing such access or connection that
does not include the creation of the content of the communication.
(2) The defenses provided by paragraph (1) of this subsection shallnot be applicable to a person who is a conspirator with an entity actively
involved in the creation or knowing distribution of communications that
violate this section, or who knowingly advertises the availability of such
communications.
(3) The defenses provided in paragraph (1) of this subsection shallnot be applicable to a person who provides access or connection to afacility, system, or network engaged in the violation of this section that is
owned or controlled by such person.
(4) No employer shall be held liable under this section for theactions of an employee or agent unless the employee's or agent's conduct iswithin the scope of his or her employment or agency and the employer (A)having knowledge of such conduct, authorizes or ratifies such conduct, or(B) recklessly disregards such conduct.
(5) It is a defense to a prosecution under subsection (a)(1)(B) or(d), or under subsection (a)(2) with respect to the use of a facility for an
activity under subsection (a)(1)(B) that a person-(A) has taken, in good faith, reasonable, effective, andappropriate actions under the circumstances to restrict or prevent
access by minors to a communication specified in such subsections,which may involve any appropriate measures to restrict minors
from such communications, including any method which is feasible
under available technology; or(B) has restricted access to such communication byrequiring use of a verified credit card, debit account, adult accesscode, or adult personal identification number.
(6) The Commission may describe measures which are reasonable,
effective, and appropriate to restrict access to prohibited communications
under subsection (d). Nothing in this section authorizes the Commission to
enforce, or is intended to provide the Commission with the authority toapprove, sanction, or permit, the use of such measures. The Commission
shall have no enforcement authority over the failure to utilize suchmeasures. The Commission shall not endorse specific products relating to57

Communications Act of 1934
such measures. The use of such measures shall be admitted as evidence ofgood faith efforts for purposes of paragraph (5) in any action arising undersubsection (d). Nothing in this section shall be construed to treat interactive
computer services as common carriers or telecommunications carriers.
(f)(1) No cause of action may be brought in any court or administrative
agency against any person on account of any activity that is not in violation of any
law punishable by criminal or civil penalty, and that the person has taken in goodfaith to implement a defense authorized under this section or otherwise to restrictor prevent the transmission of, or access to, a communication specified in thissection.
(2) No State or local government may impose any liability for commercial
activities or actions by commercial entities, nonprofit libraries, or institutions ofhigher education in connection with an activity or action described in subsection(a)(2) or (d) that is inconsistent with the treatment of those activities or actions
under this section: Provided, however, That nothing herein shall preclude any Stateor local government from enacting and enforcing complementary oversight,
liability, and regulatory systems, procedures, and requirements, so long as such
systems, procedures, and requirements govern only intrastate services and do not
result in the imposition of inconsistent rights, duties or obligations on the provisionof interstate services. Nothing in this subsection shall preclude any State or local
government from governing conduct not covered by this section.
(g) Nothing in subsection (a), (d), (e), or (f) or in the defenses toprosecution under subsection (a) or (d) shall be construed to affect or limit theapplication or enforcement of any other Federal law.
(h) For purposes of this section-(1) The use of the term ''telecommunications device'' in this section(A) shall not impose new obligations on broadcastingstation licensees and cable operators covered by obscenity andindecency provisions elsewhere in this Act; and(B) does not include an interactive computer service.
(2) The term ''interactive computer service'' has the meaning
provided in section 230(e)(2).
(3) The term ''access software'' means software (including client orserver software) or enabling tools that do not create or provide the content
of the communication but that allow a user to do any one or more of thefollowing:(A) filter, screen, allow, or disallow content;(B) pick, choose, analyze, or digest content; or(C) transmit, receive, display, forward, cache, search,
subset, organize, reorganize, or translate content.
(4) The term ''institution of higher education'' has the meaning

58

Communications Act of 1934
provided in section 1201 of the Higher Education Act of 1965 (20 U.S.C.
1141).
(5) The term ''library'' means a library eligible for participation inState-based plans for funds under title III of the Library Services andConstruction Act (20 U.S.C. 355e et seq.).
SEC. 224. [47 U.S.C. 224] REGULATION OF POLE ATTACHMENTS.
(a) As used in this section:(1) The term ''utility'' means any person who is a local exchange carrier oran electric, gas, water, steam, or other public utility, and who owns or controls
poles, ducts, conduits, or rights-of-way used, in whole or in part, for any wirecommunications. Such term does not include any railroad, any person who iscooperatively organized, or any person owned by the Federal Government or any
State.
(2) The term ''Federal Government'' means the Government of the UnitedStates or any agency or instrumentality thereof.
(3) The term ''State'' means any State, territory, or possession of the UnitedStates, the District of Columbia, or any political subdivision, agency, or
instrumentality thereof.
(4) The term ''pole attachment'' means any attachment by a cable televisionsystem or provider of telecommunications service to a pole, duct, conduit, orright-of-way owned or controlled by a utility.
(5) For purposes of this section, the term ''telecommunications
carrier'' (as defined in section 3 of this Act) does not include any incumbent
local exchange carrier as defined in section 251(h).
(b)(1) Subject to the provisions of subsection (c) of this section, theCommission shall regulate the rates, terms, and conditions for pole attachments toprovide that such rates, terms, and conditions are just and reasonable, and shalladopt procedures necessary and appropriate to hear and resolve complaints
concerning such rates, terms, and conditions. For purposes of enforcing any
determinations resulting from complaint procedures established pursuant to thissubsection, the Commission shall take such action as it deems appropriate andnecessary, including issuing cease and desist orders, as authorized by section
312(b) of title III of the Communications Act of 1934, as amended.
(2) The Commission shall prescribe by rule regulations to carry out theprovisions of this section.
(c)(1) Nothing in this section shall be construed to apply to, or to give theCommission jurisdiction with respect to rates, terms, and conditions, or access topoles, ducts, conduits, and rights-of-way as provided in subsection (f), for poleattachments in any case where such matters are regulated by a State.
(2) Each State which regulates the rates, terms, and conditions for poleattachments shall certify to the Commission that--59

Communications Act of 1934(A) it regulates such rates, terms, and conditions; and(B) in so regulating such rates, terms, and conditions, the State has
the authority to consider and does consider the interests of the subscribersof the services offered via such attachments, as well as the interests of theconsumers of the utility services.
(3) For purposes of this subsection, a State shall not be considered toregulate the rates, terms, and conditions for pole attachments-(A) unless the State has issued and made effective rules andregulations implementing the State's regulatory authority over poleattachments; and(B) with respect to any individual matter, unless the State takes
final action on a complaint regarding such matter-(i) within 180 days after the complaint is filed with theState, or(ii) within the applicable period prescribed for such final
action in such rules and regulations of the State, if the prescribedperiod does not extend beyond 360 days after the filing of suchcomplaint.
(d)(1) For purposes of subsection (b) of this section, a rate is just andreasonable if it assures a utility the recovery of not less than the additional costs ofproviding pole attachments, nor more than an amount determined by multiplying
the percentage of the total usable space, or the percentage of the total duct orconduit capacity, which is occupied by the pole attachment by the sum of theoperating expenses and actual capital costs of the utility attributable to the entirepole, duct, conduit, or right-of-way.
(2) As used in this subsection, the term ''usable space'' means the space
above the minimum grade level which can be used for the attachment of wires,
cables, and associated equipment.
(3) This subsection shall apply to the rate for any pole attachment used by acable television system solely to provide cable service. Until the effective date of
the regulations required under subsection (e), this subsection shall also apply to therate for any pole attachment used by a cable system or any telecommunications
carrier (to the extent such carrier is not a party to a pole attachment agreement) toprovide any telecommunications service.
(e)(1) The Commission shall, no later than 2 years after the date ofenactment of the Telecommunications Act of 1996, prescribe regulations inaccordance with this subsection to govern the charges for pole attachments usedby telecommunications carriers to provide telecommunications services, when theparties fail to resolve a dispute over such charges. Such regulations shall ensurethat a utility charges just, reasonable, and nondiscriminatory rates for poleattachments.
(2) A utility shall apportion the cost of providing space on a pole, duct,60Communications Act of 1934
conduit, or right-of-way other than the usable space among entities so that suchapportionment equals two-thirds of the costs of providing space other than the
usable space that would be allocated to such entity under an equal apportionmentof such costs among all attaching entities.
(3) A utility shall apportion the cost of providing usable space among allentities according to the percentage of usable space required for each entity.
(4) The regulations required under paragraph (1) shall become effective 5
years after the date of enactment of the Telecommunications Act of 1996. Any
increase in the rates for pole attachments that result from the adoption of theregulations required by this subsection shall be phased in equal annual increments
over a period of 5 years beginning on the effective date of such regulations.
(f)(1) A utility shall provide a cable television system or any
telecommunications carrier with nondiscriminatory access to any pole, duct,
conduit, or right-of-way owned or controlled by it.
(2) Notwithstanding paragraph (1), a utility providing electric service may
deny a cable television system or any telecommunications carrier access to its
poles, ducts, conduits, or rights-of-way, on a non-discriminatory basis where there
is insufficient capacity and for reasons of safety, reliability and generally applicableengineering purposes.
(g) A utility that engages in the provision of telecommunications services
or cable services shall impute to its costs of providing such services (and charge
any affiliate, subsidiary, or associate company engaged in the provision of suchservices) an equal amount to the pole attachment rate for which such company
would be liable under this section.
(h) Whenever the owner of a pole, duct, conduit, or right-of-way intends tomodify or alter such pole, duct, conduit, or right-of-way, the owner shall provide
written notification of such action to any entity that has obtained an attachment tosuch conduit or right-of-way so that such entity may have a reasonable opportunity
to add to or modify its existing attachment. Any entity that adds to or modifies its
existing attachment after receiving such notification shall bear a proportionate
share of the costs incurred by the owner in making such pole, duct, conduit, orright-of-way accessible.
(i) An entity that obtains an attachment to a pole, conduit, or right-of-way
shall not be required to bear any of the costs of rearranging or replacing its
attachment, if such rearrangement or replacement is required as a result of anadditional attachment or the modification of an existing attachment sought by anyother entity (including the owner of such pole, duct, conduit, or right-of-way).
SEC. 225. [47 U.S.C. 225] TELECOMMUNICATIONS SERVICES FORHEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS.
(a) DEFINITIONS.--As used in this section-(1) COMMON CARRIER OR CARRIER.--The term ''common carrier'' or61Communications Act of 1934''carrier'' includes any common carrier engaged in interstate communication
by wire or radio as defined in section 3 and any common carrier engaged in
intrastate communication by wire or radio, notwithstanding sections 2(b)and 221(b).
(2) TDD.--The term ''TDD'' means a Telecommunications Device
for the Deaf, which is a machine that employs graphic communication in
the transmission of coded signals through a wire or radio communication
system.
(3) TELECOMMUNICATIONS RELAY SERVICES.--The term''telecommunications relay services'' means telephone transmission services
that provide the ability for an individual who has a hearing impairment or
speech impairment to engage in communication by wire or radio with ahearing individual in a manner that is functionally equivalent to the abilityof an individual who does not have a hearing impairment or speech
impairment to communicate using voice communication services by wire orradio. Such term includes services that enable two-way communication
between an individual who uses a TDD or other nonvoice terminal device
and an individual who does not use such a device.
(b) AVAILABILITY OF TELECOMMUNICATIONS RELAY SERVICES.-(1) IN GENERAL.--In order to carry out the purposes establishedunder section 1, to make available to all individuals in the United States a
rapid, efficient nationwide communication service, and to increase theutility of the telephone system of the Nation, the Commission shall ensurethat interstate and intrastate telecommunications relay services areavailable, to the extent possible and in the most efficient manner, tohearing-impaired and speech-impaired individuals in the United States.
(2) USE OF GENERAL AUTHORITY AND REMEDIES.--For the
purposes of administering and enforcing the provisions of this section andthe regulations prescribed thereunder, the Commission shall have the sameauthority, power, and functions with respect to common carriers engaged
in intrastate communication as the Commission has in administering andenforcing the provisions of this title with respect to any common carrier
engaged in interstate communication. Any violation of this section by any
common carrier engaged in intrastate communication shall be subject to thesame remedies, penalties, and procedures as are applicable to a violation ofthis Act by a common carrier engaged in interstate communication.
(c) PROVISION OF SERVICES.--Each common carrier providing telephone
voice transmission services shall, not later than 3 years after the date of enactmentof this section, provide in compliance with the regulations prescribed under thissection, throughout the area in which it offers service, telecommunications relay
services, individually, through designees, through a competitively selected vendor,
or in concert with other carriers. A common carrier shall be considered to be in62

Communications Act of 1934
compliance with such regulations-(1) with respect to intrastate telecommunications relay services in
any State that does not have a certified program under subsection (f) andwith respect to interstate telecommunications relay services, if suchcommon carrier (or other entity through which the carrier is providing such
relay services) is in compliance with the Commission's regulations undersubsection (d); or(2) with respect to intrastate telecommunications relay services in
any State that has a certified program under subsection (f) for such State, if
such common carrier (or other entity through which the carrier is providing
such relay services) is in compliance with the program certified undersubsection (f) for such State.
(d) REGULATIONS.-(1) IN GENERAL.--The Commission shall, not later than 1 year after
the date of enactment of this section, prescribe regulations to implement
this section, including regulations that-(A) establish functional requirements, guidelines, andoperations procedures for telecommunications relay services;(B) establish minimum standards that shall be met incarrying out subsection (c);(C) require that telecommunications relay services operate
every day for 24 hours per day;(D) require that users of telecommunications relay services
pay rates no greater than the rates paid for functionally equivalent
voice communication services with respect to such factors as theduration of the call, the time of day, and the distance from point oforigination to point of termination;(E) prohibit relay operators from failing to fulfill theobligations of common carriers by refusing calls or limiting thelength of calls that use telecommunications relay services;(F) prohibit relay operators from disclosing the content of
any relayed conversation and from keeping records of the content
of any such conversation beyond the duration of the call; and(G) prohibit relay operators from intentionally altering arelayed conversation.
(2) TECHNOLOGY.--The Commission shall ensure that regulationsprescribed to implement this section encourage, consistent with section
7(a) of this Act, the use of existing technology and do not discourage or
impair the development of improved technology.
(3) JURISDICTIONAL SEPARATION OF COSTS.-(A) IN GENERAL.--Consistent with the provisions of section
410 of this Act, the Commission shall prescribe regulations

63

Communications Act of 1934
governing the jurisdictional separation of costs for the services
provided pursuant to this section.
(B) RECOVERING COSTS.--Such regulations shall generally
provide that costs caused by interstate telecommunications relay
services shall be recovered from all subscribers for every interstateservice and costs caused by intrastate telecommunications relay
services shall be recovered from the intrastate jurisdiction. In a
State that has a certified program under subsection (f), a State
commission shall permit a common carrier to recover the costs
incurred in providing intrastate telecommunications relay services
by a method consistent with the requirements of this section.
(e) ENFORCEMENT.-(1) IN GENERAL.--Subject to subsections (f) and (g), theCommission shall enforce this section.
(2) COMPLAINT.--The Commission shall resolve, by final order, acomplaint alleging a violation of this section within 180 days after the datesuch complaint is filed.
(f) CERTIFICATION.-(1) STATE DOCUMENTATION.--Any State desiring to establish aState program under this section shall submit documentation to theCommission that describes the program of such State for implementing
intrastate telecommunications relay services and the procedures andremedies available for enforcing any requirements imposed by the State
program.
(2) REQUIREMENTS FOR CERTIFICATION.--After review of such
documentation, the Commission shall certify the State program if theCommission determines that-(A) the program makes available to hearing-impaired andspeech-impaired individuals, either directly, through designees,
through a competitively selected vendor, or through regulation of
intrastate common carriers, intrastate telecommunications relay
services in such State in a manner that meets or exceeds therequirements of regulations prescribed by the Commission undersubsection (d); and(B) the program makes available adequate procedures andremedies for enforcing the requirements of the State program.
(3) METHOD OF FUNDING.--Except as provided in subsection (d),the Commission shall not refuse to certify a State program based solely on
the method such State will implement for funding intrastate
telecommunication relay services.
(4) SUSPENSION OR REVOCATION OF CERTIFICATION.--The
Commission may suspend or revoke such certification if, after notice and64

Communications Act of 1934
opportunity for hearing, the Commission determines that such certification
is no longer warranted. In a State whose program has been suspended or
revoked, the Commission shall take such steps as may be necessary,consistent with this section, to ensure continuity of telecommunications
relay services.
(g) COMPLAINT.-(1) REFERRAL OF COMPLAINT.--If a complaint to the Commission
alleges a violation of this section with respect to intrastate
telecommunications relay services within a State and certification of the
program of such State under subsection (f) is in effect, the Commission
shall refer such complaint to such State.
(2) JURISDICTION OF COMMISSION.--After referring a complaint to a
State under paragraph (1), the Commission shall exercise jurisdiction oversuch complaint only if-(A) final action under such State program has not beentaken on such complaint by such State-(i) within 180 days after the complaint is filed withsuch State; or(ii) within a shorter period as prescribed by theregulations of such State; or(B) the Commission determines that such State program is
no longer qualified for certification under subsection (f).
SEC. 226. [47 U.S.C. 226] TELEPHONE OPERATOR SERVICES.
(a) DEFINITIONS.--As used in this section-(1) The term ''access code'' means a sequence of numbers that,when dialed, connect the caller to the provider of operator services
associated with that sequence.
(2) The term ''aggregator'' means any person that, in the ordinary
course of its operations, makes telephones available to the public or totransient users of its premises, for interstate telephone calls using aprovider of operator services.
(3) The term ''call splashing'' means the transfer of a telephone callfrom one provider of operator services to another such provider in such amanner that the subsequent provider is unable or unwilling to determine thelocation of the origination of the call and, because of such inability or
unwillingness, is prevented from billing the call on the basis of suchlocation.
(4) The term ''consumer'' means a person initiating any interstate
telephone call using operator services.
(5) The term ''equal access'' has the meaning given that term inAppendix B of the Modification of Final Judgment entered August 24,

65

Communications Act of 1934
1982, in United States v. Western Electric, Civil Action No. 82-0192(United States District Court, District of Columbia), as amended by the
Court in its orders issued prior to the enactment of this section.
(6) The term ''equal access code'' means an access code that allows
the public to obtain an equal access connection to the carrier associatedwith that code.
(7) The term ''operator services'' means any interstate
telecommunications service initiated from an aggregator location that
includes, as a component, any automatic or live assistance to a consumer toarrange for billing or completion, or both, of an interstate telephone callthrough a method other than-(A) automatic completion with billing to the telephone fromwhich the call originated; or(B) completion through an access code used by the
consumer, with billing to an account previously established with thecarrier by the consumer.
(8) The term ''presubscribed provider of operator services'' means
the interstate provider of operator services to which the consumer isconnected when the consumer places a call using a provider of operator
services without dialing an access code.
(9) The term ''provider of operator services'' means any common
carrier that provides operator services or any other person determined by
the Commission to be providing operator services.
(b) REQUIREMENTS FOR PROVIDERS OF OPERATOR SERVICES.-(1) IN GENERAL.--Beginning not later than 90 days after the date ofenactment of this section, each provider of operator services shall, at aminimum-(A) identify itself, audibly and distinctly, to the consumer atthe beginning of each telephone call and before the consumer incurs
any charge for the call;(B) permit the consumer to terminate the telephone call at
no charge before the call is connected;(C) disclose immediately to the consumer, upon request andat no charge to the consumer-(i) a quote of its rates or charges for the call;(ii) the methods by which such rates or charges will
be collected; and(iii) the methods by which complaints concerning
such rates, charges, or collection practices will be resolved;(D) ensure, by contract or tariff, that each aggregator forwhich such provider is the presubscribed provider of operator
services is in compliance with the requirements of subsection (c)66Communications Act of 1934
and, if applicable, subsection (e)(1);(E) withhold payment (on a location-by-location basis) of
any compensation, including commissions, to aggregators if suchprovider reasonably believes that the aggregator (i) is blocking
access by means of ''950'' or ''800'' numbers to interstate common
carriers in violation of subsection (c)(1)(B) or (ii) is blocking accessto equal access codes in violation of rules the Commission may
prescribe under subsection (e)(1);(F) not bill for unanswered telephone calls in areas whereequal access is available;(G) not knowingly bill for unanswered telephone calls whereequal access is not available;(H) not engage in call splashing, unless the consumer
requests to be transferred to another provider of operator services,
the consumer is informed prior to incurring any charges that therates for the call may not reflect the rates from the actual
originating location of the call, and the consumer then consents tobe transferred; and(I) except as provided in subparagraph (H), not bill for a callthat does not reflect the location of the origination of the call.
(2) ADDITIONAL REQUIREMENTS FOR FIRST 3 YEARS.--In addition tomeeting the requirements of paragraph (1), during the 3-year period
beginning on the date that is 90 days after the date of enactment of thissection, each presubscribed provider of operator services shall identify
itself audibly and distinctly to the consumer, not only as required inparagraph (1)(A), but also for a second time before connecting the call andbefore the consumer incurs any charge.
(c) REQUIREMENTS FOR AGGREGATORS.-(1) IN GENERAL.--Each aggregator, beginning not later than 90 days
after the date of enactment of this section, shall-(A) post on or near the telephone instrument, in plain viewof consumers-(i) the name, address, and toll-free telephone numberof the provider of operator services;(ii) a written disclosure that the rates for all
operator-assisted calls are available on request, and that
consumers have a right to obtain access to the interstatecommon carrier of their choice and may contact theirpreferred interstate common carriers for information onaccessing that carrier's service using that telephone; and(iii) the name and address of the enforcement
division of the Common Carrier Bureau of the Commission,

67

Communications Act of 1934
to which the consumer may direct complaints regarding
operator services;(B) ensure that each of its telephones presubscribed to a
provider of operator services allows the consumer to use ''800'' and''950'' access code numbers to obtain access to the provider ofoperator services desired by the consumer; and(C) ensure that no charge by the aggregator to theconsumer for using an ''800'' or ''950'' access code number, or any
other access code number, is greater than the amount theaggregator charges for calls placed using the presubscribed
provider of operator services.
(2) EFFECT OF STATE LAW OR REGULATION.--The requirements ofparagraph (1)(A) shall not apply to an aggregator in any case in which
State law or State regulation requires the aggregator to take actions thatare substantially the same as those required in paragraph (1)(A).
(d) GENERAL RULEMAKING REQUIRED.-(1) RULEMAKING PROCEEDING.--The Commission shall conduct arulemaking proceeding pursuant to this title to prescribe regulations to-(A) protect consumers from unfair and deceptive practices
relating to their use of operator services to place interstate
telephone calls; and(B) ensure that consumers have the opportunity to makeinformed choices in making such calls.
(2) CONTENTS OF REGULATIONS.--The regulations prescribed under
this section shall-(A) contain provisions to implement each of therequirements of this section, other than the requirements establishedby the rulemaking under subsection (e) on access andcompensation; and(B) contain such other provisions as the Commission
determines necessary to carry out this section and the purposes andpolicies of this section.
(3) ADDITIONAL REQUIREMENTS TO BE IMPLEMENTED BYREGULATIONS.--The regulations prescribed under this section shall, at aminimum-(A) establish minimum standards for providers of operator
services and aggregators to use in the routing and handling of
emergency telephone calls; and(B) establish a policy for requiring providers of operator
services to make public information about recent changes inoperator services and choices available to consumers in that market.
(e) SEPARATE RULEMAKING ON ACCESS AND COMPENSATION.--

68

Communications Act of 1934
(1) ACCESS.--The Commission, shall require-(A) that each aggregator ensure within a reasonable timethat each of its telephones presubscribed to a provider of operator
services allows the consumer to obtain access to the provider ofoperator services desired by the consumer through the use of an
equal access code; or(B) that all providers of operator services, within areasonable time, make available to their customers a ''950'' or ''800''
access code number for use in making operator services calls fromanywhere in the United States; or(C) that the requirements described under bothsubparagraphs (A) and (B) apply.
(2) COMPENSATION.--The Commission shall consider the need toprescribe compensation (other than advance payment by consumers) for
owners of competitive public pay telephones for calls routed to providersof operator services that are other than the presubscribed provider ofoperator services for such telephones. Within 9 months after the date ofenactment of this section, the Commission shall reach a final decision onwhether to prescribe such compensation.
(f) TECHNOLOGICAL CAPABILITY OF EQUIPMENT.--Any equipment andsoftware manufactured or imported more than 18 months after the date ofenactment of this section and installed by any aggregator shall be technologicallycapable of providing consumers with access to interstate providers of operator
services through the use of equal access codes.
(g) FRAUD.--In any proceeding to carry out the provisions of this section,
the Commission shall require such actions or measures as are necessary to ensurethat aggregators are not exposed to undue risk of fraud.
(h) DETERMINATIONS OF RATE COMPLIANCE.-(1) FILING OF INFORMATIONAL TARIFF.-(A) IN GENERAL.--Each provider of operator services shallfile, within 90 days after the date of enactment of this section, andshall maintain, update regularly, and keep open for public
inspection, an informational tariff specifying rates, terms, andconditions, and including commissions, surcharges, any fees which
are collected from consumers, and reasonable estimates of theamount of traffic priced at each rate, with respect to calls for which
operator services are provided. Any changes in such rates, terms, orconditions shall be filed no later than the first day on which thechanged rates, terms, or conditions are in effect.
(B) WAIVER AUTHORITY.--The Commission may, after 4
years following the date of enactment of this section, waive therequirements of this paragraph only if--69

Communications Act of 1934(i) the findings and conclusions of the Commission
in the final report issued under paragraph (3)(B)(iii) statethat the regulatory objectives specified in subsection (d)(1)(A) and (B) have been achieved; and(ii) the Commission determines that such waiver will
not adversely affect the continued achievement of such
regulatory objectives.
(2) REVIEW OF INFORMATIONAL TARIFFS.--If the rates and charges
filed by any provider of operator services under paragraph (1) appear upon
review by the Commission to be unjust or unreasonable, the Commission
may require such provider of operator services to do either or both of thefollowing:(A) demonstrate that its rates and charges are just andreasonable, and(B) announce that its rates are available on request at the
beginning of each call.
(3) PROCEEDING REQUIRED.-(A) IN GENERAL.--Within 60 days after the date ofenactment of this section, the Commission shall initiate aproceeding to determine whether the regulatory objectives specified
in subsection (d)(1) (A) and (B) are being achieved. The proceeding
shall-(i) monitor operator service rates;(ii) determine the extent to which offerings made byproviders of operator services are improvements, in terms ofservice quality, price, innovation, and other factors, overthose available before the entry of new providers ofoperator services into the market;(iii) report on (in the aggregate and by individual
provider) operator service rates, incidence of service
complaints, and service offerings;(iv) consider the effect that commissions andsurcharges, billing and validation costs, and other costs ofdoing business have on the overall rates charged toconsumers; and(v) monitor compliance with the provisions of thissection, including the periodic placement of telephone callsfrom aggregator locations.
(B) REPORTS.--(i) The Commission shall, during thependency of such proceeding and not later than 5 months after its
commencement, provide the Congress with an interim report on theCommission's activities and progress to date.

70

Communications Act of 1934(ii) Not later than 11 months after the commencement ofsuch proceeding, the Commission shall report to the Congress on
its interim findings as a result of the proceeding.
(iii) Not later than 23 months after the commencement ofsuch proceeding, the Commission shall submit a final report to theCongress on its findings and conclusions.
(4) IMPLEMENTING REGULATIONS.-(A) IN GENERAL.--Unless the Commission makes thedetermination described in subparagraph (B), the Commission shall,
within 180 days after submission of the report required underparagraph (3)(B)(iii), complete a rulemaking proceeding pursuant
to this title to establish regulations for implementing therequirements of this title (and paragraphs (1) and (2) of thissubsection) that rates and charges for operator services be just andreasonable. Such regulations shall include limitations on the amountof commissions or any other compensation given to aggregators byproviders of operator service.
(B) LIMITATION.--The requirement of subparagraph (A)shall not apply if, on the basis of the proceeding under paragraph(3)(A), the Commission makes (and includes in the report requiredby paragraph (3)(B)(iii)) a factual determination that market forces
are securing rates and charges that are just and reasonable, as
evidenced by rate levels, costs, complaints, service quality, andother relevant factors.
(i) STATUTORY CONSTRUCTION.--Nothing in this section shall be construed
to alter the obligations, powers, or duties of common carriers or the Commission
under the other sections of this Act.
SEC. 227. [47 U.S.C. 227] RESTRICTIONS ON THE USE OFTELEPHONE EQUIPMENT.
(a) DEFINITIONS.--As used in this section-(1) The term ''automatic telephone dialing system'' means equipment
which has the capacity-(A) to store or produce telephone numbers to be called,using a random or sequential number generator; and(B) to dial such numbers.
(2) The term ''telephone facsimile machine'' means equipment which
has the capacity (A) to transcribe text or images, or both, from paper into
an electronic signal and to transmit that signal over a regular telephone line,or (B) to transcribe text or images (or both) from an electronic signal
received over a regular telephone line onto paper.
(3) The term ''telephone solicitation'' means the initiation of a71

Communications Act of 1934
telephone call or message for the purpose of encouraging the purchase orrental of, or investment in, property, goods, or services, which istransmitted to any person, but such term does not include a call or message(A) to any person with that person's prior express invitation or permission,(B) to any person with whom the caller has an established business
relationship, or (C) by a tax exempt nonprofit organization.
(4) The term ''unsolicited advertisement'' means any material
advertising the commercial availability or quality of any property, goods, orservices which is transmitted to any person without that person's prior
express invitation or permission.
(b) RESTRICTIONS ON THE USE OF AUTOMATED TELEPHONE EQUIPMENT.-(1) PROHIBITIONS.--It shall be unlawful for any person within the
United States-(A) to make any call (other than a call made for emergency
purposes or made with the prior express consent of the called
party) using any automatic telephone dialing system or an artificial
or prerecorded voice-(i) to any emergency telephone line (including any''911'' line and any emergency line of a hospital, medical
physician or service office, health care facility, poison
control center, or fire protection or law enforcement
agency);(ii) to the telephone line of any guest room or
patient room of a hospital, health care facility, elderly home,or similar establishment; or(iii) to any telephone number assigned to a paging
service, cellular telephone service, specialized mobile radio
service, or other radio common carrier service, or any
service for which the called party is charged for the call;(B) to initiate any telephone call to any residential telephoneline using an artificial or prerecorded voice to deliver a message
without the prior express consent of the called party, unless the callis initiated for emergency purposes or is exempted by rule or orderby the Commission under paragraph (2)(B);(C) to use any telephone facsimile machine, computer, orother device to send an unsolicited advertisement to a telephone
facsimile machine; or(D) to use an automatic telephone dialing system in such a
way that two or more telephone lines of a multi-line business areengaged simultaneously.
(2) REGULATIONS; EXEMPTIONS AND OTHER PROVISIONS.--The
Commission shall prescribe regulations to implement the requirements of72

Communications Act of 1934
this subsection. In implementing the requirements of this subsection, theCommission-(A) shall consider prescribing regulations to allow
businesses to avoid receiving calls made using an artificial or
prerecorded voice to which they have not given their prior express
consent;(B) may, by rule or order, exempt from the requirements ofparagraph (1)(B) of this subsection, subject to such conditions as
the Commission may prescribe-(i) calls that are not made for a commercial purpose;and(ii) such classes or categories of calls made forcommercial purposes as the Commission determines-(I) will not adversely affect the privacy rightsthat this section is intended to protect; and(II) do not include the transmission of any
unsolicited advertisement; and(C) may, by rule or order, exempt from the requirements ofparagraph (1)(A)(iii) of this subsection calls to a telephone number
assigned to a cellular telephone service that are not charged to thecalled party, subject to such conditions as the Commission may
prescribe as necessary in the interest of the privacy rights thissection is intended to protect.
(3) PRIVATE RIGHT OF ACTION.--A person or entity may, if
otherwise permitted by the laws or rules of court of a State, bring in an
appropriate court of that State-(A) an action based on a violation of this subsection or the
regulations prescribed under this subsection to enjoin such
violation,(B) an action to recover for actual monetary loss from sucha violation, or to receive $500 in damages for each such violation,
whichever is greater, or(C) both such actions.
If the court finds that the defendant willfully or knowingly violated thissubsection or the regulations prescribed under this subsection, the court
may, in its discretion, increase the amount of the award to an amount equal
to not more than 3 times the amount available under subparagraph (B) of
this paragraph.
(c) PROTECTION OF SUBSCRIBER PRIVACY RIGHTS.-(1) RULEMAKING PROCEEDING REQUIRED.--Within 120 days after
the date of enactment of this section, the Commission shall initiate arulemaking proceeding concerning the need to protect residential telephone73

Communications Act of 1934
subscribers' privacy rights to avoid receiving telephone solicitations towhich they object. The proceeding shall-(A) compare and evaluate alternative methods andprocedures (including the use of electronic databases, telephone
network technologies, special directory markings, industry-based orcompany-specific ''do not call'' systems, and any other alternatives,
individually or in combination) for their effectiveness in protecting
such privacy rights, and in terms of their cost and other advantages
and disadvantages;(B) evaluate the categories of public and private entities thatwould have the capacity to establish and administer such methods
and procedures;(C) consider whether different methods and procedures may
apply for local telephone solicitations, such as local telephonesolicitations of small businesses or holders of second class mailpermits;(D) consider whether there is a need for additional
Commission authority to further restrict telephone solicitations,
including those calls exempted under subsection (a)(3) of thissection, and, if such a finding is made and supported by the record,
propose specific restrictions to the Congress; and(E) develop proposed regulations to implement the methods
and procedures that the Commission determines are most effective
and efficient to accomplish the purposes of this section.
(2) REGULATIONS.--Not later than 9 months after the date ofenactment of this section, the Commission shall conclude the rulemaking
proceeding initiated under paragraph (1) and shall prescribe regulations to
implement methods and procedures for protecting the privacy rights
described in such paragraph in an efficient, effective, and economic manner
and without the imposition of any additional charge to telephone
subscribers.
(3) USE OF DATABASE PERMITTED.--The regulations required byparagraph (2) may require the establishment and operation of a single
national database to compile a list of telephone numbers of residential
subscribers who object to receiving telephone solicitations, and to makethat compiled list and parts thereof available for purchase. If theCommission determines to require such a database, such regulations shall-(A) specify a method by which the Commission will selectan entity to administer such database;(B) require each common carrier providing telephoneexchange service, in accordance with regulations prescribed by theCommission, to inform subscribers for telephone exchange service

74Communications Act of 1934of the opportunity to provide notification, in accordance withregulations established under this paragraph, that such subscriber
objects to receiving telephone solicitations;(C) specify the methods by which each telephone subscriber
shall be informed, by the common carrier that provides local
exchange service to that subscriber, of (i) the subscriber's right togive or revoke a notification of an objection under subparagraph(A), and (ii) the methods by which such right may be exercised by
the subscriber;(D) specify the methods by which such objections shall becollected and added to the database;(E) prohibit any residential subscriber from being charged
for giving or revoking such notification or for being included in a
database compiled under this section;(F) prohibit any person from making or transmitting atelephone solicitation to the telephone number of any subscriber
included in such database;(G) specify (i) the methods by which any person desiring to
make or transmit telephone solicitations will obtain access to the
database, by area code or local exchange prefix, as required to
avoid calling the telephone numbers of subscribers included in suchdatabase; and (ii) the costs to be recovered from such persons;(H) specify the methods for recovering, from persons
accessing such database, the costs involved in identifying,collecting, updating, disseminating, and selling, and other activities
relating to, the operations of the database that are incurred by theentities carrying out those activities;(I) specify the frequency with which such database will be
updated and specify the method by which such updating will takeeffect for purposes of compliance with the regulations prescribedunder this subsection;(J) be designed to enable States to use the databasemechanism selected by the Commission for purposes ofadministering or enforcing State law;(K) prohibit the use of such database for any purpose otherthan compliance with the requirements of this section and any such
State law and specify methods for protection of the privacy rightsof persons whose numbers are included in such database; and(L) require each common carrier providing services to any
person for the purpose of making telephone solicitations to notify
such person of the requirements of this section and the regulations
thereunder.

75

Communications Act of 1934
(4) CONSIDERATIONS REQUIRED FOR USE OF DATABASE METHOD.--If
the Commission determines to require the database mechanism described inparagraph (3), the Commission shall-(A) in developing procedures for gaining access to the
database, consider the different needs of telemarketers conducting
business on a national, regional, State, or local level;(B) develop a fee schedule or price structure for recouping
the cost of such database that recognizes such differences and-(i) reflect the relative costs of providing a national,
regional, State, or local list of phone numbers of subscribers
who object to receiving telephone solicitations;(ii) reflect the relative costs of providing such lists
on paper or electronic media; and(iii) not place an unreasonable financial burden on
small businesses; and(C) consider (i) whether the needs of telemarketers
operating on a local basis could be met through special markings ofarea white pages directories, and (ii) if such directories are needed
as an adjunct to database lists prepared by area code and local
exchange prefix.
(5) PRIVATE RIGHT OF ACTION.--A person who has received morethan one telephone call within any 12-month period by or on behalf of thesame entity in violation of the regulations prescribed under this subsection
may, if otherwise permitted by the laws or rules of court of a State bring in
an appropriate court of that State-(A) an action based on a violation of the regulationsprescribed under this subsection to enjoin such violation,(B) an action to recover for actual monetary loss from sucha violation, or to receive up to $500 in damages for each such
violation, whichever is greater, or(C) both such actions.
It shall be an affirmative defense in any action brought under thisparagraph that the defendant has established and implemented, with due
care, reasonable practices and procedures to effectively prevent telephonesolicitations in violation of the regulations prescribed under this subsection.
If the court finds that the defendant willfully or knowingly violated theregulations prescribed under this subsection, the court may, in its
discretion, increase the amount of the award to an amount equal to not
more than 3 times the amount available under subparagraph (B) of thisparagraph.
(6) RELATION TO SUBSECTION (b).--The provisions of thissubsection shall not be construed to permit a communication prohibited by76

Communications Act of 1934
subsection (b).
(d) TECHNICAL AND PROCEDURAL STANDARDS.-(1) PROHIBITION.--It shall be unlawful for any person within the
United States-(A) to initiate any communication using a telephone
facsimile machine, or to make any telephone call using any
automatic telephone dialing system, that does not comply with thetechnical and procedural standards prescribed under this subsection,or to use any telephone facsimile machine or automatic telephonedialing system in a manner that does not comply with suchstandards; or(B) to use a computer or other electronic device to send any
message via a telephone facsimile machine unless such personclearly marks, in a margin at the top or bottom of each transmitted
page of the message or on the first page of the transmission, thedate and time it is sent and an identification of the business, otherentity, or individual sending the message and the telephone numberof the sending machine or of such business, other entity, or
individual.
(2) TELEPHONE FACSIMILE MACHINES.--The Commission shallrevise the regulations setting technical and procedural standards fortelephone facsimile machines to require that any such machine which ismanufactured after one year after the date of enactment of this section
clearly marks, in a margin at the top or bottom of each transmitted page oron the first page of each transmission, the date and time sent, an
identification of the business, other entity, or individual sending themessage, and the telephone number of the sending machine or of suchbusiness, other entity, or individual.
(3) ARTIFICIAL OR PRERECORDED VOICE SYSTEMS.--The
Commission shall prescribe technical and procedural standards for systems
that are used to transmit any artificial or prerecorded voice message via
telephone. Such standards shall require that-(A) all artificial or prerecorded telephone messages (i) shall,at the beginning of the message, state clearly the identity of thebusiness, individual, or other entity initiating the call, and (ii) shall,during or after the message, state clearly the telephone number oraddress of such business, other entity, or individual; and(B) any such system will automatically release the called
party's line within 5 seconds of the time notification is transmitted
to the system that the called party has hung up, to allow the called
party's line to be used to make or receive other calls.
(e) EFFECT ON STATE LAW.--

77

Communications Act of 1934
(1) STATE LAW NOT PREEMPTED.--Except for the standards
prescribed under subsection (d) and subject to paragraph (2) of thissubsection, nothing in this section or in the regulations prescribed under
this section shall preempt any State law that imposes more restrictive
intrastate requirements or regulations on, or which prohibits-(A) the use of telephone facsimile machines or otherelectronic devices to send unsolicited advertisements;(B) the use of automatic telephone dialing systems;(C) the use of artificial or prerecorded voice messages; or(D) the making of telephone solicitations.
(2) STATE USE OF DATABASES.--If, pursuant to subsection (c)(3),
the Commission requires the establishment of a single national database of
telephone numbers of subscribers who object to receiving telephonesolicitations, a State or local authority may not, in its regulation of
telephone solicitations, require the use of any database, list, or listing
system that does not include the part of such single national database that
relates to such State.
(f) ACTIONS BY STATES.-(1) AUTHORITY OF STATES.--Whenever the attorney general of aState, or an official or agency designated by a State, has reason to believethat any person has engaged or is engaging in a pattern or practice of
telephone calls or other transmissions to residents of that State in violationof this section or the regulations prescribed under this section, the Statemay bring a civil action on behalf of its residents to enjoin such calls, anaction to recover for actual monetary loss or receive $500 in damages foreach violation, or both such actions. If the court finds the defendant
willfully or knowingly violated such regulations, the court may, in its
discretion, increase the amount of the award to an amount equal to not
more than 3 times the amount available under the preceding sentence.
(2) EXCLUSIVE JURISDICTION OF FEDERAL COURTS.--The district
courts of the United States, the United States courts of any territory, andthe District Court of the United States for the District of Columbia shallhave exclusive jurisdiction over all civil actions brought under thissubsection. Upon proper application, such courts shall also havejurisdiction to issue writs of mandamus, or orders affording like relief,commanding the defendant to comply with the provisions of this section or
regulations prescribed under this section, including the requirement that thedefendant take such action as is necessary to remove the danger of such
violation. Upon a proper showing, a permanent or temporary injunction or
restraining order shall be granted without bond.
(3) RIGHTS OF COMMISSION.--The State shall serve prior written
notice of any such civil action upon the Commission and provide the78Communications Act of 1934
Commission with a copy of its complaint, except in any case where suchprior notice is not feasible, in which case the State shall serve such notice
immediately upon instituting such action. The Commission shall have theright (A) to intervene in the action, (B) upon so intervening, to be heard on
all matters arising therein, and (C) to file petitions for appeal.
(4) VENUE; SERVICE OF PROCESS.--Any civil action brought under
this subsection in a district court of the United States may be brought in the
district wherein the defendant is found or is an inhabitant or transacts
business or wherein the violation occurred or is occurring, and process insuch cases may be served in any district in which the defendant is aninhabitant or where the defendant may be found.
(5) INVESTIGATORY POWERS.--For purposes of bringing any civil
action under this subsection, nothing in this section shall prevent theattorney general of a State, or an official or agency designated by a State,from exercising the powers conferred on the attorney general or suchofficial by the laws of such State to conduct investigations or to administer
oaths or affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
(6) EFFECT ON STATE COURT PROCEEDINGS.--Nothing contained inthis subsection shall be construed to prohibit an authorized State officialfrom proceeding in State court on the basis of an alleged violation of any
general civil or criminal statute of such State.
(7) LIMITATION.--Whenever the Commission has instituted a civil
action for violation of regulations prescribed under this section, no State
may, during the pendency of such action instituted by the Commission,
subsequently institute a civil action against any defendant named in theCommission's complaint for any violation as alleged in the Commission's
complaint.
(8) DEFINITION.--As used in this subsection, the term ''attorney
general'' means the chief legal officer of a State.
SEC. 228. [47 U.S.C. 228] REGULATION OF CARRIER OFFERING OF
PAY-PER-CALL SERVICES.
(a) PURPOSE.--It is the purpose of this section-(1) to put into effect a system of national regulation and review thatwill oversee interstate pay-per-call services; and(2) to recognize the Commission's authority to prescribe regulations
and enforcement procedures and conduct oversight to afford reasonable
protection to consumers of pay-per-call services and to assure that
violations of Federal law do not occur.
(b) GENERAL AUTHORITY FOR REGULATIONS.--The Commission by
regulation shall, within 270 days after the date of enactment of this section,

79

Communications Act of 1934
establish a system for oversight and regulation of pay-per-call services in order toprovide for the protection of consumers in accordance with this Act and otherapplicable Federal statutes and regulations. The Commission's final rules shall-(1) include measures that provide a consumer of pay-per-callservices with adequate and clear descriptions of the rights of the caller;(2) define the obligations of common carriers with respect to theprovision of pay-per-call services;(3) include requirements on such carriers to protect against abusive
practices by providers of pay-per-call services;(4) identify procedures by which common carriers and providers of
pay-per-call services may take affirmative steps to protect against
nonpayment of legitimate charges; and(5) require that any service described in subparagraphs (A) and (B)of subsection (i)(1) be offered only through the use of certain telephone
number prefixes and area codes.
(c) COMMON CARRIER OBLIGATIONS.--Within 270 days after the date ofenactment of this section, the Commission shall, by regulation, establish thefollowing requirements for common carriers:(1) CONTRACTUAL OBLIGATIONS TO COMPLY.--Any common carrier
assigning to a provider of pay-per-call services a telephone number with aprefix or area code designated by the Commission in accordance withsubsection (b)(5) shall require by contract or tariff that such provider
comply with the provisions of titles II and III of the Telephone Disclosure
and Dispute Resolution Act and the regulations prescribed by the Federal
Trade Commission pursuant to those titles.
(2) INFORMATION AVAILABILITY.--A common carrier that by tariff
or contract assigns a telephone number with a prefix or area code
designated by the Commission in accordance with subsection (b)(5) to a
provider of a pay-per-call service shall make readily available on request toFederal and State agencies and other interested persons-(A) a list of the telephone numbers for each of the pay-percall services it carries;(B) a short description of each such service;(C) a statement of the total cost or the cost per minute andany other fees for each such service;(D) a statement of the pay-per-call service's name, businessaddress, and business telephone; and(E) such other information as the Commission considers
necessary for the enforcement of this section and other applicableFederal statutes and regulations.
(3) COMPLIANCE PROCEDURES.--A common carrier that by contract
or tariff assigns a telephone number with a prefix or area code designated80Communications Act of 1934
by the Commission in accordance with subsection (b)(5) to a provider of
pay-per-call services shall terminate, in accordance with procedures
specified in such regulations, the offering of a pay-per-call service of aprovider if the carrier knows or reasonably should know that such service
is not provided in compliance with title II or III of the Telephone
Disclosure and Dispute Resolution Act or the regulations prescribed by theFederal Trade Commission pursuant to such titles.
(4) SUBSCRIBER DISCONNECTION PROHIBITED.--A common carrier
shall not disconnect or interrupt a subscriber's local exchange telephoneservice or long distance telephone service because of nonpayment ofcharges for any pay-per-call service.
(5) BLOCKING AND PRESUBSCRIPTION.--A common carrier thatprovides local exchange service shall-(A) offer telephone subscribers (where technically feasible)
the option of blocking access from their telephone number to all, orto certain specific, prefixes or area codes used by pay-per-callservices, which option-(i) shall be offered at no charge (I) to all subscribers
for a period of 60 days after the issuance of the regulations
under subsection (b), and (II) to any subscriber who
subscribes to a new telephone number until 60 days after thetime the new telephone number is effective; and(ii) shall otherwise be offered at a reasonable fee;and(B) offer telephone subscribers (where the Commission
determines it is technically and economically feasible), in
combination with the blocking option described under subparagraph(A), the option of presubscribing to or blocking only specific payper-call services for a reasonable one-time charge.
The regulations prescribed under subparagraph (A)(i) of this paragraphmay permit the costs of such blocking to be recovered by contract or tariff,
but such costs may not be recovered from local or long-distance
ratepayers. Nothing in this subsection precludes a common carrier fromfiling its rates and regulations regarding blocking and presubscription in its
interstate tariffs.
(6) VERIFICATION OF CHARITABLE STATUS.--A common carrier thatassigns by contract or tariff a telephone number with a prefix or area code
designated by the Commission in accordance with subsection (b)(5) to a
provider of pay-per-call services that the carrier knows or reasonably
should know is engaged in soliciting charitable contributions shall obtainfrom such provider proof of the tax exempt status of any person ororganization for which contributions are solicited.

81Communications Act of 1934
(7) BILLING FOR 800 CALLS.--A common carrier shall prohibit bytariff or contract the use of any 800 telephone number, or other telephone
number advertised or widely understood to be toll free, in a manner thatwould result in-(A) the calling party being assessed, by virtue of completingthe call, a charge for the call;(B) the calling party being connected to a pay-per-callservice;(C) the calling party being charged for information
conveyed during the call unless-(i) the calling party has a written agreement(including an agreement transmitted through electronic
medium) that meets the requirements of paragraph (8); or(ii) the calling party is charged for the information inaccordance with paragraph (9);(D) the calling party being called back collect for theprovision of audio information services or simultaneous voice
conversation services; or(E) the calling party being assessed, by virtue of being asked
to connect or otherwise transfer to a pay-per-call service, a charge
for the call.
(8) SUBSCRIPTION AGREEMENTS FOR BILLING FOR INFORMATIONPROVIDED VIA TOLL-FREE CALLS.-(A) IN GENERAL.--For purposes of paragraph (7)(C)(i), a
written subscription does not meet the requirements of thisparagraph unless the agreement specifies the material terms andconditions under which the information is offered and includes-(i) the rate at which charges are assessed for the
information;(ii) the information provider's name;(iii) the information provider's business address;(iv) the information provider's regular businesstelephone number;(v) the information provider's agreement to notify
the subscriber at least one billing cycle in advance of all
future changes in the rates charged for the information; and(vi) the subscriber's choice of payment method,which may be by direct remit, debit, prepaid account, phonebill, or credit or calling card.
(B) BILLING ARRANGEMENTS.--If a subscriber elects,
pursuant to subparagraph (A)(vi), to pay by means of a phone bill-(i) the agreement shall clearly explain that the82Communications Act of 1934
subscriber will be assessed for calls made to the information
service from the subscriber's phone line;(ii) the phone bill shall include, in prominent type,the following disclaimer:''Common carriers may not disconnect local
or long distance telephone service for failure to pay
disputed charges for information services.''; and(iii) the phone bill shall clearly list the 800 number
dialed.
(C) USE OF PINS TO PREVENT UNAUTHORIZED USE.--A
written agreement does not meet the requirements of this paragraphunless it-(i) includes a unique personal identification number
or other subscriber-specific identifier and requires a
subscriber to use this number or identifier to obtain accessto the information provided and includes instructions on its
use; and(ii) assures that any charges for services accessed byuse of the subscriber's personal identification number orsubscriber-specific identifier be assessed to subscriber's
source of payment elected pursuant to subparagraph(A)(vi).
(D) EXCEPTIONS.--Notwithstanding paragraph (7)(C), a
written agreement that meets the requirements of this paragraph is
not required-(i) for calls utilizing telecommunications devices forthe deaf;(ii) for directory services provided by a common
carrier or its affiliate or by a local exchange carrier or its
affiliate; or(iii) for any purchase of goods or of services that are
not information services.
(E) TERMINATION OF SERVICE.--On receipt by a common
carrier of a complaint by any person that an information provider isin violation of the provisions of this section, a carrier shall-(i) promptly investigate the complaint; and(ii) if the carrier reasonably determines that thecomplaint is valid, it may terminate the provision of service
to an information provider unless the provider supplies
evidence of a written agreement that meets the requirementsof this section.
(F) TREATMENT OF REMEDIES.--The remedies provided in83Communications Act of 1934
this paragraph are in addition to any other remedies that areavailable under title V of this Act.
(9) CHARGES BY CREDIT, PREPAID, DEBIT, CHARGE, OR CALLINGCARD IN ABSENCE OF AGREEMENT.--For purposes of paragraph (7)(C)(ii), a
calling party is not charged in accordance with this paragraph unless thecalling party is charged by means of a credit, prepaid, debit, charge, or
calling card and the information service provider includes in response toeach call an introductory disclosure message that-(A) clearly states that there is a charge for the call;(B) clearly states the service's total cost per minute and anyother fees for the service or for any service to which the caller may
be transferred;(C) explains that the charges must be billed on either acredit, prepaid, debit, charge, or calling card;(D) asks the caller for the card number;(E) clearly states that charges for the call begin at the end of
the introductory message; and(F) clearly states that the caller can hang up at or before theend of the introductory message without incurring any charge
whatsoever.
(10) BYPASS OF INTRODUCTORY DISCLOSURE MESSAGE.--The
requirements of paragraph (9) shall not apply to calls from repeat callers
using a bypass mechanism to avoid listening to the introductory message:
Provided, That information providers shall disable such a bypass
mechanism after the institution of any price increase and for a period oftime determined to be sufficient by the Federal Trade Commission to givecallers adequate and sufficient notice of a price increase.
(11) DEFINITION OF CALLING CARD.--As used in this subsection, theterm ''calling card'' means an identifying number or code unique to theindividual, that is issued to the individual by a common carrier and enables
the individual to be charged by means of a phone bill for charges incurred
independent of where the call originates.
(d) BILLING AND COLLECTION PRACTICES.--The regulations required bythis section shall require that any common carrier that by tariff or contract assigns
a telephone number with a prefix or area code designated by the Commission inaccordance with subsection (b)(5) to a provider of a pay-per-call service and thatoffers billing and collection services to such provider-(1) ensure that a subscriber is not billed-(A) for pay-per-call services that such carrier knows orreasonably should know was provided in violation of theregulations issued pursuant to title II of the Telephone Disclosure
and Dispute Resolution Act; or84

Communications Act of 1934(B) under such other circumstances as the Commission
determines necessary in order to protect subscribers from abusive
practices;(2) establish a local or a toll-free telephone number to answer
questions and provide information on subscribers' rights and obligations
with regard to their use of pay-per-call services and to provide to callers
the name and mailing address of any provider of pay-per-call services
offered by the common carrier;(3) within 60 days after the issuance of final regulations pursuant tosubsection (b), provide, either directly or through contract with any local
exchange carrier that provides billing or collection services to the common
carrier, to all of such common carrier's telephone subscribers, to all new
subscribers, and to all subscribers requesting service at a new location, a
disclosure statement that sets forth all rights and obligations of thesubscriber and the carrier with respect to the use and payment for pay-percall services, including the right of a subscriber not to be billed and theapplicable blocking option; and(4) in any billing to telephone subscribers that includes charges forany pay-per-call service-(A) display any charges for pay-per-call services in a part ofthe subscriber's bill that is identified as not being related to local andlong distance telephone charges;(B) for each charge so displayed, specify, at a minimum, thetype of service, the amount of the charge, and the date, time, andduration of the call; and(C) identify the toll-free number established pursuant toparagraph (2).
(e) LIABILITY.-(1) COMMON CARRIERS NOT LIABLE FOR TRANSMISSION OR
BILLING.--No common carrier shall be liable for a criminal or civil sanction
or penalty solely because the carrier provided transmission or billing andcollection for a pay-per-call service unless the carrier knew or reasonably
should have known that such service was provided in violation of aprovision of, or regulation prescribed pursuant to, title II or III of theTelephone Disclosure and Dispute Resolution Act or any other Federallaw. This paragraph shall not prevent the Commission from imposing asanction or penalty on a common carrier for a violation by that carrier of aregulation prescribed under this section.
(2) CIVIL LIABILITY.--No cause of action may be brought in any
court or administrative agency against any common carrier or any of its
affiliates on account of any act of the carrier or affiliate to terminate any
pay-per-call service in order to comply with the regulations prescribed85

Communications Act of 1934
under this section, title II or III of the Telephone Disclosure and Dispute
Resolution Act, or any other Federal law unless the complainantdemonstrates that the carrier or affiliate did not act in good faith.
(f) SPECIAL PROVISIONS.-(1) CONSUMER REFUND REQUIREMENTS.--The regulations requiredby subsection (d) shall establish procedures, consistent with the provisionsof titles II and III of the Telephone Disclosure and Dispute Resolution Act,to ensure that carriers and other parties providing billing and collection
services with respect to pay-per-call services provide appropriate refunds
to subscribers who have been billed for pay-per-call services pursuant toprograms that have been found to have violated this section or such
regulations, any provision of, or regulations prescribed pursuant to, title II
or III of the Telephone Disclosure and Dispute Resolution Act, or any
other Federal law.
(2) RECOVERY OF COSTS.--The regulations prescribed by theCommission under this section shall permit a common carrier to recover its
cost of complying with such regulations from providers of pay-per-callservices, but shall not permit such costs to be recovered from local or long
distance ratepayers.
(3) RECOMMENDATIONS ON DATA PAY-PER-CALL.--The
Commission, within one year after the date of enactment of this section,
shall submit to the Congress the Commission's recommendations withrespect to the extension of regulations under this section to persons thatprovide, for a per-call charge, data services that are not pay-per-callservices.
(g) EFFECT ON OTHER LAW.-(1) NO PREEMPTION OF ELECTION LAW.--Nothing in this section
shall relieve any provider of pay-per-call services, common carrier, local
exchange carrier, or any other person from the obligation to comply with
Federal, State, and local election statutes and regulations.
(2) CONSUMER PROTECTION LAWS.--Nothing in this section shallrelieve any provider of pay-per-call services, common carrier, local
exchange carrier, or any other person from the obligation to comply with
any Federal, State, or local statute or regulation relating to consumer
protection or unfair trade.
(3) GAMBLING LAWS.--Nothing in this section shall preclude any
State from enforcing its statutes and regulations with regard to lotteries,
wagering, betting, and other gambling activities.
(4) STATE AUTHORITY.--Nothing in this section shall preclude any
State from enacting and enforcing additional and complementary oversightand regulatory systems or procedures, or both, so long as such systems andprocedures govern intrastate services and do not significantly impede the86Communications Act of 1934
enforcement of this section or other Federal statutes.
(5) ENFORCEMENT OF EXISTING REGULATIONS.--Nothing in thissection shall be construed to prohibit the Commission from enforcing
regulations prescribed prior to the date of enactment of this section in
fulfilling the requirements of this section to the extent that such regulations
are consistent with the provisions of this section.
(h) EFFECT ON DIAL-A-PORN PROHIBITIONS.--Nothing in this section shallaffect the provisions of section 223 of this Act.
(i) DEFINITION OF PAY-PER-CALL SERVICES.--For purposes of this section(1) The term ''pay-per-call services'' means any service-(A) in which any person provides or purports to provide-(i) audio information or audio entertainment
produced or packaged by such person;(ii) access to simultaneous voice conversation
services; or(iii) any service, including the provision of a
product, the charges for which are assessed on the basis of
the completion of the call;(B) for which the caller pays a per-call or per-time-intervalcharge that is greater than, or in addition to, the charge fortransmission of the call; and(C) which is accessed through use of a 900 telephone
number or other prefix or area code designated by the Commissionin accordance with subsection (b)(5).
(2) Such term does not include directory services provided by acommon carrier or its affiliate or by a local exchange carrier or its affiliate,
or any service for which users are assessed charges only after entering intoa presubscription or comparable arrangement with the provider of suchservice.
SEC. 229. [47 U.S.C. 229] COMMUNICATIONS ASSISTANCE FOR LAW
ENFORCEMENT ACT COMPLIANCE.
(a) IN GENERAL.--The Commission shall prescribe such rules as arenecessary to implement the requirements of the Communications Assistance for
Law Enforcement Act.
(b) SYSTEMS SECURITY AND INTEGRITY.--The rules prescribed pursuant tosubsection (a) shall include rules to implement section 105 of the Communications
Assistance for Law Enforcement Act that require common carriers-(1) to establish appropriate policies and procedures for thesupervision and control of its officers and employees-(A) to require appropriate authorization to activate

87Communications Act of 1934
interception of communications or access to call-identifying
information; and(B) to prevent any such interception or access without such
authorization;(2) to maintain secure and accurate records of any interception oraccess with or without such authorization; and(3) to submit to the Commission the policies and procedures
adopted to comply with the requirements established under paragraphs (1)and (2).
(c) COMMISSION REVIEW OF COMPLIANCE.--The Commission shall review
the policies and procedures submitted under subsection (b)(3) and shall order acommon carrier to modify any such policy or procedure that the Commission
determines does not comply with Commission regulations. The Commission shallconduct such investigations as may be necessary to insure compliance by common
carriers with the requirements of the regulations prescribed under this section.
(d) PENALTIES.--For purposes of this Act, a violation by an officer or
employee of any policy or procedure adopted by a common carrier pursuant tosubsection (b), or of a rule prescribed by the Commission pursuant to subsection(a), shall be considered to be a violation by the carrier of a rule prescribed by theCommission pursuant to this Act.
(e) COST RECOVERY FOR COMMUNICATIONS ASSISTANCE FOR LAW
ENFORCEMENT ACT COMPLIANCE.-(1) PETITIONS AUTHORIZED.--A common carrier may petition theCommission to adjust charges, practices, classifications, and regulations torecover costs expended for making modifications to equipment, facilities,
or services pursuant to the requirements of section 103 of theCommunications Assistance for Law Enforcement Act.
(2) COMMISSION AUTHORITY.--The Commission may grant, with orwithout modification, a petition under paragraph (1) if the Commission
determines that such costs are reasonable and that permitting recovery is
consistent with the public interest. The Commission may, consistent withmaintaining just and reasonable charges, practices, classifications, andregulations in connection with the provision of interstate or foreigncommunication by wire or radio by a common carrier, allow carriers toadjust such charges, practices, classifications, and regulations in order tocarry out the purposes of this Act.
(3) Joint board.--The Commission shall convene a Federal-State
joint board to recommend appropriate changes to part 36 of theCommission's rules with respect to recovery of costs pursuant to charges,
practices, classifications, and regulations under the jurisdiction of theCommission.

88

Communications Act of 1934
SEC. 230. [47 U.S.C. 230] PROTECTION FOR PRIVATE BLOCKINGAND SCREENING OF OFFENSIVE MATERIAL.
(a) FINDINGS.--The Congress finds the following:(1) The rapidly developing array of Internet and other interactive
computer services available to individual Americans represent an
extraordinary advance in the availability of educational and informational
resources to our citizens.
(2) These services offer users a great degree of control over the
information that they receive, as well as the potential for even greater
control in the future as technology develops.
(3) The Internet and other interactive computer services offer aforum for a true diversity of political discourse, unique opportunities for
cultural development, and myriad avenues for intellectual activity.
(4) The Internet and other interactive computer services haveflourished, to the benefit of all Americans, with a minimum of government
regulation.
(5) Increasingly Americans are relying on interactive media for avariety of political, educational, cultural, and entertainment services.
(b) POLICY.--It is the policy of the United States-(1) to promote the continued development of the Internet and otherinteractive computer services and other interactive media;(2) to preserve the vibrant and competitive free market that
presently exists for the Internet and other interactive computer services,
unfettered by Federal or State regulation;(3) to encourage the development of technologies which maximize
user control over what information is received by individuals, families, andschools who use the Internet and other interactive computer services;(4) to remove disincentives for the development and utilization ofblocking and filtering technologies that empower parents to restrict theirchildren's access to objectionable or inappropriate online material; and(5) to ensure vigorous enforcement of Federal criminal laws todeter and punish trafficking in obscenity, stalking, and harassment bymeans of computer.
(c) PROTECTION FOR ''GOOD SAMARITAN'' BLOCKING AND SCREENING OF
OFFENSIVE MATERIAL.-(1) TREATMENT OF PUBLISHER OR SPEAKER.--No provider or userof an interactive computer service shall be treated as the publisher or
speaker of any information provided by another information content
provider.
(2) CIVIL LIABILITY.--No provider or user of an interactive
computer service shall be held liable on account of-(A) any action voluntarily taken in good faith to restrict

89

Communications Act of 1934
access to or availability of material that the provider or user
considers to be obscene, lewd, lascivious, filthy, excessively violent,harassing, or otherwise objectionable, whether or not such material
is constitutionally protected; or(B) any action taken to enable or make available toinformation content providers or others the technical means to
restrict access to material described in paragraph (1).
(d) EFFECT ON OTHER LAWS.-(1) NO EFFECT ON CRIMINAL LAW.--Nothing in this section shall be
construed to impair the enforcement of section 223 of this Act, chapter 71(relating to obscenity) or 110 (relating to sexual exploitation of children) of
title 18, United States Code, or any other Federal criminal statute.
(2) NO EFFECT ON INTELLECTUAL PROPERTY LAW.--Nothing in thissection shall be construed to limit or expand any law pertaining tointellectual property.
(3) STATE LAW.--Nothing in this section shall be construed toprevent any State from enforcing any State law that is consistent with thissection. No cause of action may be brought and no liability may be imposed
under any State or local law that is inconsistent with this section.
(4) NO EFFECT ON COMMUNICATIONS PRIVACY LAW.--Nothing inthis section shall be construed to limit the application of the Electronic
Communications Privacy Act of 1986 or any of the amendments made bysuch Act, or any similar State law.
(e) DEFINITIONS.--As used in this section:(1) INTERNET.--The term ''Internet'' means the international
computer network of both Federal and non-Federal interoperable packet
switched data networks.
(2) INTERACTIVE COMPUTER SERVICE.--The term ''interactive
computer service'' means any information service, system, or accesssoftware provider that provides or enables computer access by multiple
users to a computer server, including specifically a service or system thatprovides access to the Internet and such systems operated or services
offered by libraries or educational institutions.
(3) INFORMATION CONTENT PROVIDER.--The term ''information
content provider'' means any person or entity that is responsible, in whole
or in part, for the creation or development of information provided throughthe Internet or any other interactive computer service.
(4) ACCESS SOFTWARE PROVIDER.--The term ''access software
provider'' means a provider of software (including client or server
software), or enabling tools that do any one or more of the following:(A) filter, screen, allow, or disallow content;(B) pick, choose, analyze, or digest content; or90Communications Act of 1934(C) transmit, receive, display, forward, cache, search,
subset, organize, reorganize, or translate content.

PART II--DEVELOPMENT OF COMPETITIVE MARKETS
SEC. 251. [47 U.S.C. 251] INTERCONNECTION.
(a) GENERAL DUTY OF TELECOMMUNICATIONS CARRIERS.--Eachtelecommunications carrier has the duty-(1) to interconnect directly or indirectly with the facilities andequipment of other telecommunications carriers; and(2) not to install network features, functions, or capabilities that do
not comply with the guidelines and standards established pursuant tosection 255 or 256.
(b) OBLIGATIONS OF ALL LOCAL EXCHANGE CARRIERS.--Each local
exchange carrier has the following duties:(1) RESALE.--The duty not to prohibit, and not to impose
unreasonable or discriminatory conditions or limitations on, the resale of its
telecommunications services.
(2) NUMBER PORTABILITY.--The duty to provide, to the extent
technically feasible, number portability in accordance with requirements
prescribed by the Commission.
(3) DIALING PARITY.--The duty to provide dialing parity tocompeting providers of telephone exchange service and telephone toll
service, and the duty to permit all such providers to have nondiscriminatory
access to telephone numbers, operator services, directory assistance, anddirectory listing, with no unreasonable dialing delays.
(4) ACCESS TO RIGHTS-OF-WAY.--The duty to afford access to thepoles, ducts, conduits, and rights-of-way of such carrier to competingproviders of telecommunications services on rates, terms, and conditions
that are consistent with section 224.
(5) RECIPROCAL COMPENSATION.--The duty to establish reciprocalcompensation arrangements for the transport and termination of
telecommunications.
(c) ADDITIONAL OBLIGATIONS OF INCUMBENT LOCAL EXCHANGECARRIERS.--In addition to the duties contained in subsection (b), each incumbent
local exchange carrier has the following duties:(1) DUTY TO NEGOTIATE.--The duty to negotiate in good faith inaccordance with section 252 the particular terms and conditions ofagreements to fulfill the duties described in paragraphs (1) through (5) of
subsection (b) and this subsection. The requesting telecommunications

91

Communications Act of 1934
carrier also has the duty to negotiate in good faith the terms and conditionsof such agreements.
(2) INTERCONNECTION.--The duty to provide, for the facilities andequipment of any requesting telecommunications carrier, interconnection
with the local exchange carrier's network-(A) for the transmission and routing of telephone exchange
service and exchange access;(B) at any technically feasible point within the carrier's
network;(C) that is at least equal in quality to that provided by the
local exchange carrier to itself or to any subsidiary, affiliate, or any
other party to which the carrier provides interconnection; and(D) on rates, terms, and conditions that are just, reasonable,
and nondiscriminatory, in accordance with the terms and conditionsof the agreement and the requirements of this section and section
252.
(3) UNBUNDLED ACCESS.--The duty to provide, to any requestingtelecommunications carrier for the provision of a telecommunications
service, nondiscriminatory access to network elements on an unbundled
basis at any technically feasible point on rates, terms, and conditions thatare just, reasonable, and nondiscriminatory in accordance with the terms
and conditions of the agreement and the requirements of this section andsection 252. An incumbent local exchange carrier shall provide such
unbundled network elements in a manner that allows requesting carriers to
combine such elements in order to provide such telecommunications
service.
(4) RESALE.--The duty-(A) to offer for resale at wholesale rates any
telecommunications service that the carrier provides at retail tosubscribers who are not telecommunications carriers; and(B) not to prohibit, and not to impose unreasonable ordiscriminatory conditions or limitations on, the resale of suchtelecommunications service, except that a State commission may,consistent with regulations prescribed by the Commission under thissection, prohibit a reseller that obtains at wholesale rates a
telecommunications service that is available at retail only to acategory of subscribers from offering such service to a different
category of subscribers.
(5) NOTICE OF CHANGES.--The duty to provide reasonable public
notice of changes in the information necessary for the transmission androuting of services using that local exchange carrier's facilities or networks,
as well as of any other changes that would affect the interoperability of92

Communications Act of 1934
those facilities and networks.
(6) COLLOCATION.--The duty to provide, on rates, terms, andconditions that are just, reasonable, and nondiscriminatory, for physicalcollocation of equipment necessary for interconnection or access tounbundled network elements at the premises of the local exchange carrier,except that the carrier may provide for virtual collocation if the local
exchange carrier demonstrates to the State commission that physicalcollocation is not practical for technical reasons or because of space
limitations.
(d) IMPLEMENTATION.-(1) IN GENERAL.--Within 6 months after the date of enactment of
the Telecommunications Act of 1996, the Commission shall complete all
actions necessary to establish regulations to implement the requirements ofthis section.
(2) ACCESS STANDARDS.--In determining what network elements
should be made available for purposes of subsection (c)(3), theCommission shall consider, at a minimum, whether-(A) access to such network elements as are proprietary innature is necessary; and(B) the failure to provide access to such network elements
would impair the ability of the telecommunications carrier seeking
access to provide the services that it seeks to offer.
(3) PRESERVATION OF STATE ACCESS REGULATIONS.--In prescribing
and enforcing regulations to implement the requirements of this section, theCommission shall not preclude the enforcement of any regulation, order, or
policy of a State commission that-(A) establishes access and interconnection obligations oflocal exchange carriers;(B) is consistent with the requirements of this section; and(C) does not substantially prevent implementation of therequirements of this section and the purposes of this part.
(e) NUMBERING ADMINISTRATION.-(1) COMMISSION AUTHORITY AND JURISDICTION.--The Commission
shall create or designate one or more impartial entities to administertelecommunications numbering and to make such numbers available on an
equitable basis. The Commission shall have exclusive jurisdiction overthose portions of the North American Numbering Plan that pertain to theUnited States. Nothing in this paragraph shall preclude the Commission
from delegating to State commissions or other entities all or any portion ofsuch jurisdiction.
(2) COSTS.--The cost of establishing telecommunications
numbering administration arrangements and number portability shall be

93Communications Act of 1934
borne by all telecommunications carriers on a competitively neutral basis as
determined by the Commission.
(f) EXEMPTIONS, SUSPENSIONS, AND MODIFICATIONS.-(1) EXEMPTION FOR CERTAIN RURAL TELEPHONE COMPANIES.-(A) EXEMPTION.--Subsection (c) of this section shall not
apply to a rural telephone company until (i) such company hasreceived a bona fide request for interconnection, services, or
network elements, and (ii) the State commission determines (undersubparagraph (B)) that such request is not unduly economicallyburdensome, is technically feasible, and is consistent with section
254 (other than subsections (b)(7) and (c)(1)(D) thereof).
(B) STATE TERMINATION OF EXEMPTION AND
IMPLEMENTATION SCHEDULE.--The party making a bona fide
request of a rural telephone company for interconnection, services,or network elements shall submit a notice of its request to the State
commission. The State commission shall conduct an inquiry for the
purpose of determining whether to terminate the exemption undersubparagraph (A). Within 120 days after the State commission
receives notice of the request, the State commission shall terminate
the exemption if the request is not unduly economicallyburdensome, is technically feasible, and is consistent with section
254 (other than subsections (b)(7) and (c)(1)(D) thereof). Upon
termination of the exemption, a State commission shall establish an
implementation schedule for compliance with the request that is
consistent in time and manner with Commission regulations.
(C) LIMITATION ON EXEMPTION.--The exemption provided
by this paragraph shall not apply with respect to a request undersubsection (c) from a cable operator providing video programming,and seeking to provide any telecommunications service, in the area
in which the rural telephone company provides video programming.
The limitation contained in this subparagraph shall not apply to arural telephone company that is providing video programming on
the date of enactment of the Telecommunications Act of 1996.
(2) SUSPENSIONS AND MODIFICATIONS FOR RURAL CARRIERS.--A
local exchange carrier with fewer than 2 percent of the Nation's subscriberlines installed in the aggregate nationwide may petition a State commission
for a suspension or modification of the application of a requirement or
requirements of subsection (b) or (c) to telephone exchange service
facilities specified in such petition. The State commission shall grant such
petition to the extent that, and for such duration as, the State commission
determines that such suspension or modification-(A) is necessary--

94

Communications Act of 1934(i) to avoid a significant adverse economic impact onusers of telecommunications services generally;(ii) to avoid imposing a requirement that is unduly
economically burdensome; or(iii) to avoid imposing a requirement that is
technically infeasible; and(B) is consistent with the public interest, convenience, andnecessity.
The State commission shall act upon any petition filed under this paragraphwithin 180 days after receiving such petition. Pending such action, theState commission may suspend enforcement of the requirement or
requirements to which the petition applies with respect to the petitioning
carrier or carriers.
(g) CONTINUED ENFORCEMENT OF EXCHANGE ACCESS AND
INTERCONNECTION REQUIREMENTS.--On and after the date of enactment of theTelecommunications Act of 1996, each local exchange carrier, to the extent that itprovides wireline services, shall provide exchange access, information access, andexchange services for such access to interexchange carriers and information service
providers in accordance with the same equal access and nondiscriminatoryinterconnection restrictions and obligations (including receipt of compensation)that apply to such carrier on the date immediately preceding the date of enactmentof the Telecommunications Act of 1996 under any court order, consent decree, or
regulation, order, or policy of the Commission, until such restrictions andobligations are explicitly superseded by regulations prescribed by the Commission
after such date of enactment. During the period beginning on such date ofenactment and until such restrictions and obligations are so superseded, such
restrictions and obligations shall be enforceable in the same manner as regulationsof the Commission.
(h) DEFINITION OF INCUMBENT LOCAL EXCHANGE CARRIER.-(1) DEFINITION.--For purposes of this section, the term ''incumbent
local exchange carrier'' means, with respect to an area, the local exchange
carrier that-(A) on the date of enactment of the Telecommunications
Act of 1996, provided telephone exchange service in such area; and(B)(i) on such date of enactment, was deemed to be amember of the exchange carrier association pursuant to section
69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b));or(ii) is a person or entity that, on or after such date ofenactment, became a successor or assign of a member described inclause (i).
(2) TREATMENT OF COMPARABLE CARRIERS AS INCUMBENTS.--The95

Communications Act of 1934
Commission may, by rule, provide for the treatment of a local exchange
carrier (or class or category thereof) as an incumbent local exchange carrier
for purposes of this section if-(A) such carrier occupies a position in the market for
telephone exchange service within an area that is comparable to theposition occupied by a carrier described in paragraph (1);
(B) such carrier has substantially replaced an incumbent
local exchange carrier described in paragraph (1); and(C) such treatment is consistent with the public interest,
convenience, and necessity and the purposes of this section.
(i) SAVINGS PROVISION.--Nothing in this section shall be construed to limit
or otherwise affect the Commission's authority under section 201.
SEC. 252. [47 U.S.C. 252] PROCEDURES FOR NEGOTIATION,
ARBITRATION, AND APPROVAL OF AGREEMENTS.
(a) AGREEMENTS ARRIVED AT THROUGH NEGOTIATION.-(1) VOLUNTARY NEGOTIATIONS.--Upon receiving a request forinterconnection, services, or network elements pursuant to section 251, an
incumbent local exchange carrier may negotiate and enter into a binding
agreement with the requesting telecommunications carrier or carriers
without regard to the standards set forth in subsections (b) and (c) ofsection 251. The agreement shall include a detailed schedule of itemized
charges for interconnection and each service or network element includedin the agreement. The agreement, including any interconnection agreement
negotiated before the date of enactment of the Telecommunications Act of
1996, shall be submitted to the State commission under subsection (e) of
this section.
(2) MEDIATION.--Any party negotiating an agreement under thissection may, at any point in the negotiation, ask a State commission toparticipate in the negotiation and to mediate any differences arising in thecourse of the negotiation.
(b) AGREEMENTS ARRIVED AT THROUGH COMPULSORY ARBITRATION.-(1) ARBITRATION.--During the period from the 135th to the 160thday (inclusive) after the date on which an incumbent local exchange carrier
receives a request for negotiation under this section, the carrier or any
other party to the negotiation may petition a State commission to arbitrate
any open issues.
(2) DUTY OF PETITIONER.-(A) A party that petitions a State commission underparagraph (1) shall, at the same time as it submits the petition,
provide the State commission all relevant documentation
concerning--

96

Communications Act of 1934(i) the unresolved issues;(ii) the position of each of the parties with respect tothose issues; and(iii) any other issue discussed and resolved by theparties.
(B) A party petitioning a State commission under paragraph(1) shall provide a copy of the petition and any documentation tothe other party or parties not later than the day on which the State
commission receives the petition.
(3) OPPORTUNITY TO RESPOND.--A non-petitioning party to anegotiation under this section may respond to the other party's petition andprovide such additional information as it wishes within 25 days after theState commission receives the petition.
(4) ACTION BY STATE COMMISSION.-(A) The State commission shall limit its consideration of any
petition under paragraph (1) (and any response thereto) to theissues set forth in the petition and in the response, if any, filed underparagraph (3).
(B) The State commission may require the petitioning party
and the responding party to provide such information as may benecessary for the State commission to reach a decision on theunresolved issues. If any party refuses or fails unreasonably torespond on a timely basis to any reasonable request from the State
commission, then the State commission may proceed on the basis of
the best information available to it from whatever source derived.
(C) The State commission shall resolve each issue set forthin the petition and the response, if any, by imposing appropriate
conditions as required to implement subsection (c) upon the parties
to the agreement, and shall conclude the resolution of any
unresolved issues not later than 9 months after the date on which
the local exchange carrier received the request under this section.
(5) REFUSAL TO NEGOTIATE.--The refusal of any other party to thenegotiation to participate further in the negotiations, to cooperate with theState commission in carrying out its function as an arbitrator, or tocontinue to negotiate in good faith in the presence, or with the assistance,of the State commission shall be considered a failure to negotiate in goodfaith.
(c) STANDARDS FOR ARBITRATION.--In resolving by arbitration undersubsection (b) any open issues and imposing conditions upon the parties to theagreement, a State commission shall-(1) ensure that such resolution and conditions meet therequirements of section 251, including the regulations prescribed by the97Communications Act of 1934
Commission pursuant to section 251;(2) establish any rates for interconnection, services, or network
elements according to subsection (d); and(3) provide a schedule for implementation of the terms andconditions by the parties to the agreement.
(d) PRICING STANDARDS.-(1) INTERCONNECTION AND NETWORK ELEMENT CHARGES.-Determinations by a State commission of the just and reasonable rate forthe interconnection of facilities and equipment for purposes of subsection(c)(2) of section 251, and the just and reasonable rate for network elementsfor purposes of subsection (c)(3) of such section-(A) shall be-(i) based on the cost (determined without reference
to a rate-of-return or other rate-based proceeding) of
providing the interconnection or network element(whichever is applicable), and(ii) nondiscriminatory, and(B) may include a reasonable profit.
(2) CHARGES FOR TRANSPORT AND TERMINATION OF TRAFFIC.-(A) IN GENERAL.--For the purposes of compliance by anincumbent local exchange carrier with section 251(b)(5), a State
commission shall not consider the terms and conditions forreciprocal compensation to be just and reasonable unless-(i) such terms and conditions provide for the mutual
and reciprocal recovery by each carrier of costs associatedwith the transport and termination on each carrier's network
facilities of calls that originate on the network facilities ofthe other carrier; and(ii) such terms and conditions determine such costson the basis of a reasonable approximation of the additionalcosts of terminating such calls.
(B) RULES OF CONSTRUCTION.--This paragraph shall not be
construed-(i) to preclude arrangements that afford the mutual
recovery of costs through the offsetting of reciprocal
obligations, including arrangements that waive mutual
recovery (such as bill-and-keep arrangements); or(ii) to authorize the Commission or any State
commission to engage in any rate regulation proceeding toestablish with particularity the additional costs oftransporting or terminating calls, or to require carriers tomaintain records with respect to the additional costs of such98

Communications Act of 1934
calls.
(3) WHOLESALE PRICES FOR TELECOMMUNICATIONS SERVICES.--For
the purposes of section 251(c)(4), a State commission shall determine
wholesale rates on the basis of retail rates charged to subscribers for thetelecommunications service requested, excluding the portion thereof
attributable to any marketing, billing, collection, and other costs that will be
avoided by the local exchange carrier.
(e) APPROVAL BY STATE COMMISSION.-(1) APPROVAL REQUIRED.--Any interconnection agreement adopted
by negotiation or arbitration shall be submitted for approval to the State
commission. A State commission to which an agreement is submitted shallapprove or reject the agreement, with written findings as to any
deficiencies.
(2) GROUNDS FOR REJECTION.--The State commission may only
reject-(A) an agreement (or any portion thereof) adopted bynegotiation under subsection (a) if it finds that-(i) the agreement (or portion thereof) discriminates
against a telecommunications carrier not a party to theagreement; or(ii) the implementation of such agreement or portion
is not consistent with the public interest, convenience, andnecessity; or(B) an agreement (or any portion thereof) adopted byarbitration under subsection (b) if it finds that the agreement does
not meet the requirements of section 251, including the regulationsprescribed by the Commission pursuant to section 251, or the
standards set forth in subsection (d) of this section.
(3) PRESERVATION OF AUTHORITY.--Notwithstanding paragraph(2), but subject to section 253, nothing in this section shall prohibit a State
commission from establishing or enforcing other requirements of State law
in its review of an agreement, including requiring compliance withintrastate telecommunications service quality standards or requirements.
(4) SCHEDULE FOR DECISION.--If the State commission does not act
to approve or reject the agreement within 90 days after submission by theparties of an agreement adopted by negotiation under subsection (a), or
within 30 days after submission by the parties of an agreement adopted byarbitration under subsection (b), the agreement shall be deemed approved.
No State court shall have jurisdiction to review the action of a State
commission in approving or rejecting an agreement under this section.
(5) COMMISSION TO ACT IF STATE WILL NOT ACT.--If a State
commission fails to act to carry out its responsibility under this section in99

Communications Act of 1934
any proceeding or other matter under this section, then the Commission
shall issue an order preempting the State commission's jurisdiction of thatproceeding or matter within 90 days after being notified (or taking notice)of such failure, and shall assume the responsibility of the State commission
under this section with respect to the proceeding or matter and act for theState commission.
(6) REVIEW OF STATE COMMISSION ACTIONS.--In a case in which aState fails to act as described in paragraph (5), the proceeding by theCommission under such paragraph and any judicial review of theCommission's actions shall be the exclusive remedies for a State
commission's failure to act. In any case in which a State commission makes
a determination under this section, any party aggrieved by suchdetermination may bring an action in an appropriate Federal district court
to determine whether the agreement or statement meets the requirementsof section 251 and this section.
(f) STATEMENTS OF GENERALLY AVAILABLE TERMS.-(1) IN GENERAL.--A Bell operating company may prepare and filewith a State commission a statement of the terms and conditions that suchcompany generally offers within that State to comply with the requirementsof section 251 and the regulations thereunder and the standards applicable
under this section.
(2) STATE COMMISSION REVIEW.--A State commission may not
approve such statement unless such statement complies with subsection (d)of this section and section 251 and the regulations thereunder. Except asprovided in section 253, nothing in this section shall prohibit a State
commission from establishing or enforcing other requirements of State law
in its review of such statement, including requiring compliance withintrastate telecommunications service quality standards or requirements.
(3) SCHEDULE FOR REVIEW.--The State commission to which astatement is submitted shall, not later than 60 days after the date of such
submission-(A) complete the review of such statement under paragraph(2) (including any reconsideration thereof), unless the submitting
carrier agrees to an extension of the period for such review; or(B) permit such statement to take effect.
(4) AUTHORITY TO CONTINUE REVIEW.--Paragraph (3) shall notpreclude the State commission from continuing to review a statement thathas been permitted to take effect under subparagraph (B) of suchparagraph or from approving or disapproving such statement underparagraph (2).
(5) DUTY TO NEGOTIATE NOT AFFECTED.--The submission orapproval of a statement under this subsection shall not relieve a Bell100

Communications Act of 1934
operating company of its duty to negotiate the terms and conditions of anagreement under section 251.
(g) CONSOLIDATION OF STATE PROCEEDINGS.--Where not inconsistent withthe requirements of this Act, a State commission may, to the extent practical,
consolidate proceedings under sections 214(e), 251(f), 253, and this section inorder to reduce administrative burdens on telecommunications carriers, otherparties to the proceedings, and the State commission in carrying out its
responsibilities under this Act.
(h) FILING REQUIRED.--A State commission shall make a copy of eachagreement approved under subsection (e) and each statement approved undersubsection (f) available for public inspection and copying within 10 days after theagreement or statement is approved. The State commission may charge areasonable and nondiscriminatory fee to the parties to the agreement or to theparty filing the statement to cover the costs of approving and filing such agreement
or statement.
(i) AVAILABILITY TO OTHER TELECOMMUNICATIONS CARRIERS.--A local
exchange carrier shall make available any interconnection, service, or network
element provided under an agreement approved under this section to which it is aparty to any other requesting telecommunications carrier upon the same terms andconditions as those provided in the agreement.
(j) DEFINITION OF INCUMBENT LOCAL EXCHANGE CARRIER.--For purposesof this section, the term ''incumbent local exchange carrier'' has the meaning
provided in section 251(h).
SEC. 253. [47 U.S.C. 253] REMOVAL OF BARRIERS TO ENTRY.
(a) IN GENERAL.--No State or local statute or regulation, or other State or
local legal requirement, may prohibit or have the effect of prohibiting the ability of
any entity to provide any interstate or intrastate telecommunications service.
(b) STATE REGULATORY AUTHORITY.--Nothing in this section shall affectthe ability of a State to impose, on a competitively neutral basis and consistent
with section 254, requirements necessary to preserve and advance universal
service, protect the public safety and welfare, ensure the continued quality oftelecommunications services, and safeguard the rights of consumers.
(c) STATE AND LOCAL GOVERNMENT AUTHORITY.--Nothing in this section
affects the authority of a State or local government to manage the public rights-ofway or to require fair and reasonable compensation from telecommunications
providers, on a competitively neutral and nondiscriminatory basis, for use of publicrights-of-way on a nondiscriminatory basis, if the compensation required is publicly
disclosed by such government.
(d) PREEMPTION.--If, after notice and an opportunity for public comment,
the Commission determines that a State or local government has permitted or
imposed any statute, regulation, or legal requirement that violates subsection (a) or

101

Communications Act of 1934(b), the Commission shall preempt the enforcement of such statute, regulation, or
legal requirement to the extent necessary to correct such violation orinconsistency.
(e) COMMERCIAL MOBILE SERVICE PROVIDERS.--Nothing in this section
shall affect the application of section 332(c)(3) to commercial mobile service
providers.
(f) RURAL MARKETS.--It shall not be a violation of this section for a Stateto require a telecommunications carrier that seeks to provide telephone exchange
service or exchange access in a service area served by a rural telephone company
to meet the requirements in section 214(e)(1) for designation as an eligible
telecommunications carrier for that area before being permitted to provide suchservice. This subsection shall not apply-(1) to a service area served by a rural telephone company that has
obtained an exemption, suspension, or modification of section 251(c)(4)that effectively prevents a competitor from meeting the requirements ofsection 214(e)(1); and(2) to a provider of commercial mobile services.
SEC. 254. [47 U.S.C. 254] UNIVERSAL SERVICE.
(a) PROCEDURES TO REVIEW UNIVERSAL SERVICE REQUIREMENTS.-(1) FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE.--Within
one month after the date of enactment of the Telecommunications Act of
1996, the Commission shall institute and refer to a Federal-State Joint
Board under section 410(c) a proceeding to recommend changes to any of
its regulations in order to implement sections 214(e) and this section,
including the definition of the services that are supported by Federal
universal service support mechanisms and a specific timetable forcompletion of such recommendations. In addition to the members of the
Joint Board required under section 410(c), one member of such Joint
Board shall be a State-appointed utility consumer advocate nominated by anational organization of State utility consumer advocates. The Joint Board
shall, after notice and opportunity for public comment, make its
recommendations to the Commission 9 months after the date of enactmentof the Telecommunications Act of 1996.
(2) COMMISSION ACTION.--The Commission shall initiate a single
proceeding to implement the recommendations from the Joint Board
required by paragraph (1) and shall complete such proceeding within 15
months after the date of enactment of the Telecommunications Act of
1996. The rules established by such proceeding shall include a definition of
the services that are supported by Federal universal service support
mechanisms and a specific timetable for implementation. Thereafter, theCommission shall complete any proceeding to implement subsequent102

Communications Act of 1934
recommendations from any Joint Board on universal service within one
year after receiving such recommendations.
(b) UNIVERSAL SERVICE PRINCIPLES.--The Joint Board and theCommission shall base policies for the preservation and advancement of universal
service on the following principles:(1) QUALITY AND RATES.--Quality services should be available atjust, reasonable, and affordable rates.
(2) ACCESS TO ADVANCED SERVICES.--Access to advanced
telecommunications and information services should be provided in all
regions of the Nation.
(3) ACCESS IN RURAL AND HIGH COST AREAS.--Consumers in all
regions of the Nation, including low-income consumers and those in rural,
insular, and high cost areas, should have access to telecommunications andinformation services, including interexchange services and advanced
telecommunications and information services, that are reasonably
comparable to those services provided in urban areas and that are available
at rates that are reasonably comparable to rates charged for similar services
in urban areas.
(4) EQUITABLE AND NONDISCRIMINATORY CONTRIBUTIONS.--All
providers of telecommunications services should make an equitable andnondiscriminatory contribution to the preservation and advancement of
universal service.
(5) SPECIFIC AND PREDICTABLE SUPPORT MECHANISMS.--There
should be specific, predictable and sufficient Federal and State mechanisms
to preserve and advance universal service.
(6) ACCESS TO ADVANCED TELECOMMUNICATIONS SERVICES FORSCHOOLS, HEALTH CARE, AND LIBRARIES.--Elementary and secondary
schools and classrooms, health care providers, and libraries should haveaccess to advanced telecommunications services as described in subsection(h).
(7) ADDITIONAL PRINCIPLES.--Such other principles as the Joint
Board and the Commission determine are necessary and appropriate for theprotection of the public interest, convenience, and necessity and areconsistent with this Act.
(c) DEFINITION.-(1) IN GENERAL.--Universal service is an evolving level oftelecommunications services that the Commission shall establish
periodically under this section, taking into account advances intelecommunications and information technologies and services. The Joint
Board in recommending, and the Commission in establishing, the definitionof the services that are supported by Federal universal service support
mechanisms shall consider the extent to which such telecommunications

103

Communications Act of 1934
services-(A) are essential to education, public health, or public
safety;(B) have, through the operation of market choices bycustomers, been subscribed to by a substantial majority ofresidential customers;(C) are being deployed in public telecommunications
networks by telecommunications carriers; and(D) are consistent with the public interest, convenience, andnecessity.
(2) ALTERATIONS AND MODIFICATIONS.--The Joint Board may,from time to time, recommend to the Commission modifications in thedefinition of the services that are supported by Federal universal service
support mechanisms.
(3) SPECIAL SERVICES.--In addition to the services included in thedefinition of universal service under paragraph (1), the Commission may
designate additional services for such support mechanisms for schools,
libraries, and health care providers for the purposes of subsection (h).
(d) TELECOMMUNICATIONS CARRIER CONTRIBUTION.--Every
telecommunications carrier that provides interstate telecommunications services
shall contribute, on an equitable and nondiscriminatory basis, to the specific,
predictable, and sufficient mechanisms established by the Commission to preserve
and advance universal service. The Commission may exempt a carrier or class of
carriers from this requirement if the carrier's telecommunications activities arelimited to such an extent that the level of such carrier's contribution to thepreservation and advancement of universal service would be de minimis. Anyother provider of interstate telecommunications may be required to contribute to
the preservation and advancement of universal service if the public interest so
requires.
(e) UNIVERSAL SERVICE SUPPORT.--After the date on which Commission
regulations implementing this section take effect, only an eligible
telecommunications carrier designated under section 214(e) shall be eligible toreceive specific Federal universal service support. A carrier that receives suchsupport shall use that support only for the provision, maintenance, and upgradingof facilities and services for which the support is intended. Any such supportshould be explicit and sufficient to achieve the purposes of this section.
(f) STATE AUTHORITY.--A State may adopt regulations not inconsistent
with the Commission's rules to preserve and advance universal service. Every
telecommunications carrier that provides intrastate telecommunications services
shall contribute, on an equitable and nondiscriminatory basis, in a manner
determined by the State to the preservation and advancement of universal service
in that State. A State may adopt regulations to provide for additional definitions

104

Communications Act of 1934and standards to preserve and advance universal service within that State only tothe extent that such regulations adopt additional specific, predictable, andsufficient mechanisms to support such definitions or standards that do not rely onor burden Federal universal service support mechanisms.
(g) INTEREXCHANGE AND INTERSTATE SERVICES.--Within 6 months after
the date of enactment of the Telecommunications Act of 1996, the Commission
shall adopt rules to require that the rates charged by providers of interexchange
telecommunications services to subscribers in rural and high cost areas shall be nohigher than the rates charged by each such provider to its subscribers in urban
areas. Such rules shall also require that a provider of interstate interexchange
telecommunications services shall provide such services to its subscribers in eachState at rates no higher than the rates charged to its subscribers in any other State.
(h) TELECOMMUNICATIONS SERVICES FOR CERTAIN PROVIDERS.-(1) IN GENERAL.-(A) HEALTH CARE PROVIDERS FOR RURAL AREAS.--A
telecommunications carrier shall, upon receiving a bona fide
request, provide telecommunications services which are necessary
for the provision of health care services in a State, including
instruction relating to such services, to any public or nonprofit
health care provider that serves persons who reside in rural areas inthat State at rates that are reasonably comparable to rates charged
for similar services in urban areas in that State. A
telecommunications carrier providing service under this paragraphshall be entitled to have an amount equal to the difference, if any,
between the rates for services provided to health care providers forrural areas in a State and the rates for similar services provided toother customers in comparable rural areas in that State treated as aservice obligation as a part of its obligation to participate in themechanisms to preserve and advance universal service.
(B) EDUCATIONAL PROVIDERS AND LIBRARIES.--All
telecommunications carriers serving a geographic area shall, upon abona fide request for any of its services that are within the definitionof universal service under subsection (c)(3), provide such services
to elementary schools, secondary schools, and libraries foreducational purposes at rates less than the amounts charged forsimilar services to other parties. The discount shall be an amountthat the Commission, with respect to interstate services, and theStates, with respect to intrastate services, determine is appropriate
and necessary to ensure affordable access to and use of suchservices by such entities. A telecommunications carrier providing
service under this paragraph shall-(i) have an amount equal to the amount of the105Communications Act of 1934
discount treated as an offset to its obligation to contributeto the mechanisms to preserve and advance universal
service, or(ii) notwithstanding the provisions of subsection (e)of this section, receive reimbursement utilizing the support
mechanisms to preserve and advance universal service.
(2) ADVANCED SERVICES.--The Commission shall establish
competitively neutral rules-(A) to enhance, to the extent technically feasible andeconomically reasonable, access to advanced telecommunications
and information services for all public and nonprofit elementary andsecondary school classrooms, health care providers, and libraries;
and(B) to define the circumstances under which atelecommunications carrier may be required to connect its network
to such public institutional telecommunications users.
(3) TERMS AND CONDITIONS.--Telecommunications services andnetwork capacity provided to a public institutional telecommunications
user under this subsection may not be sold, resold, or otherwise transferredby such user in consideration for money or any other thing of value.
(4) ELIGIBILITY OF USERS.--No entity listed in this subsection shallbe entitled to preferential rates or treatment as required by this subsection,
if such entity operates as a for-profit business, is a school described inparagraph (5)(A) with an endowment of more than $50,000,000, or is alibrary not eligible for participation in State-based plans for funds undertitle III of the Library Services and Construction Act (20 U.S.C. 335c etseq.).
(5) DEFINITIONS.--For purposes of this subsection:(A) ELEMENTARY AND SECONDARY SCHOOLS.--The term''elementary and secondary schools'' means elementary schools andsecondary schools, as defined in paragraphs (14) and (25),respectively, of section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
(B) HEALTH CARE PROVIDER.--The term ''health careprovider'' means-(i) post-secondary educational institutions offering
health care instruction, teaching hospitals, and medical
schools;(ii) community health centers or health centersproviding health care to migrants;(iii) local health departments or agencies;(iv) community mental health centers;

106Communications Act of 1934(v) not-for-profit hospitals;(vi) rural health clinics; and(vii) consortia of health care providers consisting of
one or more entities described in clauses (i) through (vi).
(C) PUBLIC INSTITUTIONAL TELECOMMUNICATIONS USER.-The term ''public institutional telecommunications user'' means anelementary or secondary school, a library, or a health care provider
as those terms are defined in this paragraph.
(i) CONSUMER PROTECTION.--The Commission and the States should
ensure that universal service is available at rates that are just, reasonable, andaffordable.
(j) LIFELINE ASSISTANCE.--Nothing in this section shall affect thecollection, distribution, or administration of the Lifeline Assistance Programprovided for by the Commission under regulations set forth in section 69.117 of
title 47, Code of Federal Regulations, and other related sections of such title.
(k) SUBSIDY OF COMPETITIVE SERVICES PROHIBITED.--A
telecommunications carrier may not use services that are not competitive to
subsidize services that are subject to competition. The Commission, with respect
to interstate services, and the States, with respect to intrastate services, shallestablish any necessary cost allocation rules, accounting safeguards, and guidelines
to ensure that services included in the definition of universal service bear no morethan a reasonable share of the joint and common costs of facilities used to provide
those services.
SEC. 255. [47 U.S.C. 255] ACCESS BY PERSONS WITH DISABILITIES.
(a) DEFINITIONS.--As used in this section-(1) DISABILITY.--The term ''disability'' has the meaning given to it
by section 3(2)(A) of the Americans with Disabilities Act of 1990 (42U.S.C. 12102(2)(A)).
(2) READILY ACHIEVABLE.--The term ''readily achievable'' has themeaning given to it by section 301(9) of that Act (42 U.S.C. 12181(9)).
(b) MANUFACTURING.--A manufacturer of telecommunications equipment
or customer premises equipment shall ensure that the equipment is designed,
developed, and fabricated to be accessible to and usable by individuals withdisabilities, if readily achievable.
(c) TELECOMMUNICATIONS SERVICES.--A provider of telecommunications
service shall ensure that the service is accessible to and usable by individuals withdisabilities, if readily achievable.
(d) COMPATIBILITY.--Whenever the requirements of subsections (b) and (c)are not readily achievable, such a manufacturer or provider shall ensure that theequipment or service is compatible with existing peripheral devices or specialized
customer premises equipment commonly used by individuals with disabilities to107Communications Act of 1934
achieve access, if readily achievable.
(e) GUIDELINES.--Within 18 months after the date of enactment of theTelecommunications Act of 1996, the Architectural and Transportation Barriers
Compliance Board shall develop guidelines for accessibility of telecommunications
equipment and customer premises equipment in conjunction with the Commission.
The Board shall review and update the guidelines periodically.
(f) NO ADDITIONAL PRIVATE RIGHTS AUTHORIZED.--Nothing in this section
shall be construed to authorize any private right of action to enforce any
requirement of this section or any regulation thereunder. The Commission shallhave exclusive jurisdiction with respect to any complaint under this section.
SEC. 256. [47 U.S.C. 256] COORDINATION FOR
INTERCONNECTIVITY.
(a) PURPOSE.--It is the purpose of this section-(1) to promote nondiscriminatory accessibility by the broadest
number of users and vendors of communications products and services topublic telecommunications networks used to provide telecommunications
service through-(A) coordinated public telecommunications network
planning and design by telecommunications carriers and otherproviders of telecommunications service; and(B) public telecommunications network interconnectivity,and interconnectivity of devices with such networks used to provide
telecommunications service; and(2) to ensure the ability of users and information providers toseamlessly and transparently transmit and receive information between andacross telecommunications networks.
(b) COMMISSION FUNCTIONS.--In carrying out the purposes of this section,
the Commission-(1) shall establish procedures for Commission oversight of
coordinated network planning by telecommunications carriers and otherproviders of telecommunications service for the effective and efficientinterconnection of public telecommunications networks used to provide
telecommunications service; and(2) may participate, in a manner consistent with its authority andpractice prior to the date of enactment of this section, in the development
by appropriate industry standards-setting organizations of public
telecommunications network interconnectivity standards that promote
access to-(A) public telecommunications networks used to provide
telecommunications service;(B) network capabilities and services by individuals with108

Communications Act of 1934
disabilities; and(C) information services by subscribers of rural telephonecompanies.
(c) COMMISSION'S AUTHORITY.--Nothing in this section shall be construed
as expanding or limiting any authority that the Commission may have under law ineffect before the date of enactment of the Telecommunications Act of 1996.
(d) DEFINITION.--As used in this section, the term ''public
telecommunications network interconnectivity'' means the ability of two or more
public telecommunications networks used to provide telecommunications service
to communicate and exchange information without degeneration, and to interact inconcert with one another.
SEC. 257. [47 U.S.C. 257] MARKET ENTRY BARRIERS PROCEEDING.
(a) ELIMINATION OF BARRIERS.--Within 15 months after the date ofenactment of the Telecommunications Act of 1996, the Commission shall completea proceeding for the purpose of identifying and eliminating, by regulations
pursuant to its authority under this Act (other than this section), market entry
barriers for entrepreneurs and other small businesses in the provision andownership of telecommunications services and information services, or in theprovision of parts or services to providers of telecommunications services andinformation services.
(b) NATIONAL POLICY.--In carrying out subsection (a), the Commission
shall seek to promote the policies and purposes of this Act favoring diversity of
media voices, vigorous economic competition, technological advancement, andpromotion of the public interest, convenience, and necessity.
(c) PERIODIC REVIEW.--Every 3 years following the completion of theproceeding required by subsection (a), the Commission shall review and report toCongress on-(1) any regulations prescribed to eliminate barriers within its
jurisdiction that are identified under subsection (a) and that can beprescribed consistent with the public interest, convenience, and necessity;and(2) the statutory barriers identified under subsection (a) that theCommission recommends be eliminated, consistent with the public interest,
convenience, and necessity.
SEC. 258. [47 U.S.C. 258] ILLEGAL CHANGES IN SUBSCRIBERCARRIER SELECTIONS.
(a) PROHIBITION.--No telecommunications carrier shall submit or execute achange in a subscriber's selection of a provider of telephone exchange service or
telephone toll service except in accordance with such verification procedures as theCommission shall prescribe. Nothing in this section shall preclude any State109

Communications Act of 1934
commission from enforcing such procedures with respect to intrastate services.
(b) LIABILITY FOR CHARGES.--Any telecommunications carrier that violates
the verification procedures described in subsection (a) and that collects charges fortelephone exchange service or telephone toll service from a subscriber shall be
liable to the carrier previously selected by the subscriber in an amount equal to all
charges paid by such subscriber after such violation, in accordance with suchprocedures as the Commission may prescribe. The remedies provided by thissubsection are in addition to any other remedies available by law.
SEC. 259. [47 U.S.C. 259] INFRASTRUCTURE SHARING.
(a) REGULATIONS REQUIRED.--The Commission shall prescribe, within one
year after the date of enactment of the Telecommunications Act of 1996,
regulations that require incumbent local exchange carriers (as defined in section
251(h)) to make available to any qualifying carrier such public switched network
infrastructure, technology, information, and telecommunications facilities andfunctions as may be requested by such qualifying carrier for the purpose of
enabling such qualifying carrier to provide telecommunications services, or toprovide access to information services, in the service area in which such qualifying
carrier has requested and obtained designation as an eligible telecommunications
carrier under section 214(e).
(b) TERMS AND CONDITIONS OF REGULATIONS.--The regulations prescribedby the Commission pursuant to this section shall-(1) not require a local exchange carrier to which this section applies
to take any action that is economically unreasonable or that is contrary to
the public interest;(2) permit, but shall not require, the joint ownership or operation of
public switched network infrastructure and services by or among such local
exchange carrier and a qualifying carrier;(3) ensure that such local exchange carrier will not be treated by theCommission or any State as a common carrier for hire or as offeringcommon carrier services with respect to any infrastructure, technology,
information, facilities, or functions made available to a qualifying carrier inaccordance with regulations issued pursuant to this section;(4) ensure that such local exchange carrier makes suchinfrastructure, technology, information, facilities, or functions available to aqualifying carrier on just and reasonable terms and conditions that permit
such qualifying carrier to fully benefit from the economies of scale andscope of such local exchange carrier, as determined in accordance withguidelines prescribed by the Commission in regulations issued pursuant tothis section;(5) establish conditions that promote cooperation between local
exchange carriers to which this section applies and qualifying carriers;

110Communications Act of 1934(6) not require a local exchange carrier to which this section applies
to engage in any infrastructure sharing agreement for any services or accesswhich are to be provided or offered to consumers by the qualifying carrierin such local exchange carrier's telephone exchange area; and(7) require that such local exchange carrier file with theCommission or State for public inspection, any tariffs, contracts, or otherarrangements showing the rates, terms, and conditions under which suchcarrier is making available public switched network infrastructure andfunctions under this section.
(c) INFORMATION CONCERNING DEPLOYMENT OF NEW SERVICES AND
EQUIPMENT.--A local exchange carrier to which this section applies that hasentered into an infrastructure sharing agreement under this section shall provide toeach party to such agreement timely information on the planned deployment oftelecommunications services and equipment, including any software or upgrades ofsoftware integral to the use or operation of such telecommunications equipment.
(d) DEFINITION.--For purposes of this section, the term ''qualifying carrier''
means a telecommunications carrier that-(1) lacks economies of scale or scope, as determined in accordancewith regulations prescribed by the Commission pursuant to this section;and(2) offers telephone exchange service, exchange access, and anyother service that is included in universal service, to all consumers without
preference throughout the service area for which such carrier has been
designated as an eligible telecommunications carrier under section 214(e).
SEC. 260. [47 U.S.C. 260] PROVISION OF TELEMESSAGING SERVICE.
(a) NONDISCRIMINATION SAFEGUARDS.--Any local exchange carrier subject
to the requirements of section 251(c) that provides telemessaging service-(1) shall not subsidize its telemessaging service directly or indirectlyfrom its telephone exchange service or its exchange access; and(2) shall not prefer or discriminate in favor of its telemessaging
service operations in its provision of telecommunications services.
(b) EXPEDITED CONSIDERATION OF COMPLAINTS.--The Commission shallestablish procedures for the receipt and review of complaints concerning violationsof subsection (a) or the regulations thereunder that result in material financial harm
to a provider of telemessaging service. Such procedures shall ensure that theCommission will make a final determination with respect to any such complaint
within 120 days after receipt of the complaint. If the complaint contains anappropriate showing that the alleged violation occurred, the Commission shall,
within 60 days after receipt of the complaint, order the local exchange carrier andany affiliates to cease engaging in such violation pending such final determination.
(c) DEFINITION.--As used in this section, the term ''telemessaging service''111

Communications Act of 1934means voice mail and voice storage and retrieval services, any live operator
services used to record, transcribe, or relay messages (other thantelecommunications relay services), and any ancillary services offered in
combination with these services.
SEC. 261. [47 U.S.C. 261] EFFECT ON OTHER REQUIREMENTS.
(a) COMMISSION REGULATIONS.--Nothing in this part shall be construed toprohibit the Commission from enforcing regulations prescribed prior to the date ofenactment of the Telecommunications Act of 1996 in fulfilling the requirements ofthis part, to the extent that such regulations are not inconsistent with theprovisions of this part.
(b) EXISTING STATE REGULATIONS.--Nothing in this part shall be construed
to prohibit any State commission from enforcing regulations prescribed prior to thedate of enactment of the Telecommunications Act of 1996, or from prescribing
regulations after such date of enactment, in fulfilling the requirements of this part,
if such regulations are not inconsistent with the provisions of this part.
(c) ADDITIONAL STATE REQUIREMENTS.--Nothing in this part precludes aState from imposing requirements on a telecommunications carrier for intrastateservices that are necessary to further competition in the provision of telephoneexchange service or exchange access, as long as the State's requirements are notinconsistent with this part or the Commission's regulations to implement this part.

PART III--SPECIAL PROVISIONS CONCERNING BELL
OPERATING COMPANIESSEC. 271. [47 U.S.C. 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 asprovided in this section.
(b) INTERLATA SERVICES TO WHICH THIS SECTION APPLIES.-(1) IN-REGION SERVICES.--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)) if theCommission approves the application of such company for such State
under subsection (d)(3).
(2) OUT-OF-REGION SERVICES.--A Bell operating company, or any
affiliate of that Bell operating company, may provide interLATA services
originating outside its in-region States after the date of enactment of theTelecommunications Act of 1996, subject to subsection (j).
(3) INCIDENTAL INTERLATA SERVICES.--A Bell operating company,

112Communications Act of 1934or any affiliate of a Bell operating company, may provide incidental
interLATA services (as defined in subsection (g)) originating in any Stateafter the date of enactment of the Telecommunications Act of 1996.
(4) TERMINATION.--Nothing in this section prohibits a Bell
operating company or any of its affiliates from providing termination forinterLATA services, subject to subsection (j).
(c) REQUIREMENTS FOR PROVIDING CERTAIN IN-REGION INTERLATASERVICES.-(1) AGREEMENT OR STATEMENT.--A Bell operating company meetsthe requirements of this paragraph if it meets the requirements of
subparagraph (A) or subparagraph (B) of this paragraph for each State forwhich 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 specifying the terms and conditions
under which the Bell operating company is providing access andinterconnection to its network facilities for the network facilities of
one or more unaffiliated competing providers of telephoneexchange service (as defined in section 3(47)(A), 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 theirown telephone exchange service facilities or predominantly overtheir own telephone exchange service facilities in combination withthe 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.
(B) FAILURE TO REQUEST ACCESS.--A Bell operatingcompany meets the requirements of this subparagraph if, after 10months after the date of enactment of the Telecommunications Act
of 1996, no such provider has requested the access andinterconnection described in subparagraph (A) before the date
which is 3 months before the date the company makes its
application under subsection (d)(1), and a statement of the terms
and conditions that the company generally offers to provide suchaccess and interconnection has been approved or permitted to takeeffect by the State commission under section 252(f). For purposesof this subparagraph, a Bell operating company shall be considered
not to have received any request for access and interconnection if

113

Communications Act of 1934
the State commission of such State certifies that the only provider
or providers making such a request have (i) failed to negotiate ingood faith as required by section 252, or (ii) violated the terms ofan agreement approved under section 252 by the provider's failure
to comply, within a reasonable period of time, with theimplementation schedule contained in such agreement.
(2) SPECIFIC INTERCONNECTION REQUIREMENTS.-(A) AGREEMENT REQUIRED.--A Bell operating company
meets the requirements of this paragraph if, within the State forwhich the authorization is sought-(i)(I) such company is providing access andinterconnection pursuant to one or more agreements
described in paragraph (1)(A), or(II) such company is generally offering access andinterconnection pursuant to a statement described inparagraph (1)(B), and(ii) such access and interconnection meets therequirements of subparagraph (B) of this paragraph.
(B) COMPETITIVE CHECKLIST.--Access or interconnection
provided or generally offered by a Bell operating company to othertelecommunications carriers meets the requirements of thissubparagraph if such access and interconnection includes each of
the following:(i) Interconnection in accordance with therequirements of sections 251(c)(2) and 252(d)(1).
(ii) Nondiscriminatory access to network elements inaccordance with the requirements of sections 251(c)(3) and252(d)(1).
(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 inaccordance with the requirements of section 224.
(iv) Local loop transmission from the central office
to the customer's premises, unbundled from local switchingor other services.
(v) Local transport from the trunk side of a wireline
local exchange carrier switch unbundled from switching orother services.
(vi) Local switching unbundled from transport, local
loop transmission, or other services.
(vii) Nondiscriminatory access to-(I) 911 and E911 services;

114

Communications Act of 1934
(II) directory assistance services to allow theother 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 suchguidelines, plan, or rules.
(x) Nondiscriminatory access to databases andassociated signaling necessary for call routing andcompletion.
(xi) Until the date by which the Commission issues
regulations pursuant to section 251 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, andconvenience as possible. After that date, full compliancewith such regulations.
(xii) Nondiscriminatory access to such services orinformation as are necessary to allow the requesting carrier
to implement local dialing parity in accordance with therequirements of section 251(b)(3).
(xiii) Reciprocal compensation arrangements inaccordance with the requirements of section 252(d)(2).
(xiv) Telecommunications services are available forresale in accordance with the requirements of sections
251(c)(4) and 252(d)(3).
(d) ADMINISTRATIVE PROVISIONS.-(1) APPLICATION TO COMMISSION.--On and after the date ofenactment of the Telecommunications Act of 1996, a Bell operatingcompany or its affiliate may apply to the Commission for authorization toprovide interLATA services originating in any in-region State. The
application shall identify each State for which the authorization is sought.
(2) CONSULTATION.-(A) CONSULTATION WITH THE ATTORNEY GENERAL.--The
Commission shall notify the Attorney General promptly of any
application under paragraph (1). Before making any determination

115

Communications Act of 1934
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 recordof the Commission's decision. In consulting with and submittingcomments to the Commission under this paragraph, the Attorney
General shall provide to the Commission an evaluation of theapplication 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 haveany 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).
(3) DETERMINATION.--Not later than 90 days after receiving anapplication under paragraph (1), the Commission shall issue a written
determination approving or denying the authorization requested in theapplication for each State. The Commission shall not approve theauthorization requested in an application submitted under paragraph (1)unless it finds that-(A) the petitioning Bell operating company has met therequirements of subsection (c)(1) and-(i) with respect to access and interconnection
provided pursuant to subsection (c)(1)(A), has fully
implemented the competitive checklist in subsection(c)(2)(B); or(ii) with respect to access and interconnection
generally offered pursuant to a statement under subsection(c)(1)(B), such statement offers all of the items included in
the competitive checklist in subsection (c)(2)(B);(B) the requested authorization will be carried out inaccordance with the requirements of section 272; 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 theapplication.
(4) LIMITATION ON COMMISSION.--The Commission may not, byrule or otherwise, limit or extend the terms used in the competitive
checklist set forth in subsection (c)(2)(B).
(5) PUBLICATION.--Not later than 10 days after issuing a116Communications Act of 1934
determination under paragraph (3), the Commission shall publish in theFederal Register a brief description of the determination.
(6) ENFORCEMENT OF CONDITIONS.-(A) COMMISSION AUTHORITY.--If at any time after theapproval 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 totitle V; 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.
(e) LIMITATIONS.-(1) JOINT MARKETING OF LOCAL AND LONG DISTANCE SERVICES.-Until a Bell operating company is authorized pursuant to subsection (d) toprovide interLATA services in an in-region State, or until 36 months havepassed since the date of enactment of the Telecommunications Act of
1996, whichever is earlier, a telecommunications carrier that serves greaterthan 5 percent of the Nation's presubscribed access lines may not jointly
market in such State telephone exchange service obtained from suchcompany pursuant to section 251(c)(4) with interLATA services offered bythat telecommunications carrier.
(2) INTRALATA TOLL DIALING PARITY.-(A) PROVISION REQUIRED.--A Bell operating company
granted authority to provide interLATA services under subsection(d) shall provide intraLATA toll dialing parity throughout that State
coincident with its exercise of that authority.
(B) LIMITATION.--Except for single-LATA States andStates 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 operatingcompany has been granted authority under this section to provide
interLATA services originating in that State or before 3 years after
the date of enactment of the Telecommunications Act of 1996,

117

Communications Act of 1934
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 takeeffect until after the earlier of either such dates.
(f) EXCEPTION FOR PREVIOUSLY AUTHORIZED ACTIVITIES.--Neither
subsection (a) nor section 273 shall prohibit a Bell operating company or affiliate
from engaging, at any time after the date of enactment of the Telecommunications
Act of 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 such date of enactment, tothe extent such order is not reversed or vacated on appeal. Nothing in thissubsection 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) DEFINITION OF INCIDENTAL INTERLATA SERVICES.--For purposes ofthis 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 otherprogramming services to subscribers to such services of such company oraffiliate;(B) of the capability for interaction by such subscribers to select or
respond to such audio programming, video programming, or otherprogramming services;(C) to distributors of audio programming or video programmingthat 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 overdedicated facilities to or for elementary and secondary schools as defined in
section 254(h)(5);(3) of commercial mobile services in accordance with section
332(c) of this Act 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 anotherLATA;(5) of signaling information used in connection with the provisionof telephone exchange services or exchange access by a local exchange
carrier; or118

Communications Act of 1934(6) of network control signaling information to, and receipt of suchsignaling 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) are intended to be
narrowly construed. The interLATA services provided under subparagraph (A),(B), or (C) of subsection (g)(1) 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 ofservices authorized under subsection (g) by a Bell operating company or its
affiliate will not adversely affect telephone exchange service ratepayers orcompetition in any telecommunications market.
(i) ADDITIONAL DEFINITIONS.--As used in this section-(1) IN-REGION STATE.--The term ''in-region State'' means a State inwhich a Bell operating company or any of its affiliates was authorized toprovide wireline telephone exchange service pursuant to the reorganization
plan approved under the AT&T Consent Decree, as in effect on the day
before the date of enactment of the Telecommunications Act of 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 PROGRAMMINGSERVICES.--The terms ''video programming service'' and ''otherprogramming services'' have the same meanings as such terms have under
section 602 of this Act.
(j) CERTAIN SERVICE APPLICATIONS TREATED AS IN-REGION SERVICEAPPLICATIONS.--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).
SEC. 272. [47 U.S.C. 272] SEPARATE AFFILIATE; SAFEGUARDS.
(a) SEPARATE AFFILIATE REQUIRED FOR COMPETITIVE ACTIVITIES.-(1) IN GENERAL.--A Bell operating company (including any affiliate)
which is a local exchange carrier that is subject to the requirements ofsection 251(c) may not provide any service described in paragraph (2)unless it provides that service through one or more affiliates that--

119

Communications Act of 1934(A) are separate from any operating company entity that is
subject to the requirements of section 251(c); and(B) meet the requirements of subsection (b).
(2) SERVICES FOR WHICH A SEPARATE AFFILIATE IS REQUIRED.--The
services for which a separate affiliate is required by paragraph (1) are:(A) Manufacturing activities (as defined in section 273(h)).
(B) Origination of interLATA telecommunications services,other than-(i) incidental interLATA services described inparagraphs (1), (2), (3), (5), and (6) of section 271(g);(ii) out-of-region services described in section
271(b)(2); or(iii) previously authorized activities described in
section 271(f).
(C) InterLATA information services, other than electronic
publishing (as defined in section 274(h)) and alarm monitoring
services (as defined in section 275(e)).
(b) STRUCTURAL AND TRANSACTIONAL REQUIREMENTS.--The separate
affiliate required by this section-(1) shall operate independently from the Bell operating company;(2) shall maintain books, records, and accounts in the mannerprescribed by the Commission which shall be separate from the books,
records, and accounts maintained by the Bell operating company of which
it is an affiliate;(3) shall have separate officers, directors, and employees from theBell operating company of which it is an affiliate;(4) may not obtain credit under any arrangement that would permit
a creditor, upon default, to have recourse to the assets of the Bell operatingcompany; and(5) shall conduct all transactions with the Bell operating companyof which it is an affiliate on an arm's length basis with any such transactions
reduced to writing and available for public inspection.
(c) NONDISCRIMINATION SAFEGUARDS.--In its dealings with its affiliate
described in subsection (a), a Bell operating company-(1) may not discriminate between that company or affiliate and anyother entity in the provision or procurement of goods, services, facilities,
and information, or in the establishment of standards; and(2) shall account for all transactions with an affiliate described insubsection (a) in accordance with accounting principles designated orapproved by the Commission.
(d) BIENNIAL AUDIT.-(1) GENERAL REQUIREMENT.--A company required to operate a120

Communications Act of 1934
separate affiliate under this section shall obtain and pay for a joint
Federal/State audit every 2 years conducted by an independent auditor todetermine whether such company has complied with this section and theregulations promulgated under this section, and particularly whether suchcompany has complied with the separate accounting requirements undersubsection (b).
(2) RESULTS SUBMITTED TO COMMISSION; STATE COMMISSIONS.-The auditor described in paragraph (1) shall submit the results of the audit
to the Commission and to the State commission of each State in which thecompany audited provides service, which shall make such results available
for public inspection. Any party may submit comments on the final audit
report.
(3) ACCESS TO DOCUMENTS.--For purposes of conducting audits
and reviews under this subsection-(A) the independent auditor, the Commission, and the State
commission shall have access to the financial accounts and recordsof each company and of its affiliates necessary to verify transactions
conducted with that company that are relevant to the specificactivities permitted under this section and that are necessary for the
regulation of rates;(B) the Commission and the State commission shall haveaccess to the working papers and supporting materials of any
auditor who performs an audit under this section; and(C) the State commission shall implement appropriate
procedures to ensure the protection of any proprietary information
submitted to it under this section.
(e) FULFILLMENT OF CERTAIN REQUESTS.--A Bell operating company andan affiliate that is subject to the requirements of section 251(c)-(1) shall fulfill any requests from an unaffiliated entity for telephoneexchange service and exchange access within a period no longer than the
period in which it provides such telephone exchange service and exchange
access to itself or to its affiliates;(2) shall not provide any facilities, services, or information
concerning its provision of exchange access to the affiliate described insubsection (a) unless such facilities, services, or information are madeavailable to other providers of interLATA services in that market on thesame terms and conditions;(3) shall charge the affiliate described in subsection (a), or imputeto itself (if using the access for its provision of its own services), an amountfor access to its telephone exchange service and exchange access that is noless than the amount charged to any unaffiliated interexchange carriers forsuch service; and121

Communications Act of 1934(4) may provide any interLATA or intraLATA facilities or services
to its interLATA affiliate if such services or facilities are made available toall carriers at the same rates and on the same terms and conditions, and solong as the costs are appropriately allocated.
(f) SUNSET.-(1) MANUFACTURING AND LONG DISTANCE.--The provisions of thissection (other than subsection (e)) shall cease to apply with respect to the
manufacturing activities or the interLATA telecommunications services of
a Bell operating company 3 years after the date such Bell operatingcompany or any Bell operating company affiliate is authorized to provide
interLATA telecommunications services under section 271(d), unless theCommission extends such 3-year period by rule or order.
(2) INTERLATA INFORMATION SERVICES.--The provisions of thissection (other than subsection (e)) shall cease to apply with respect to theinterLATA information services of a Bell operating company 4 years after
the date of enactment of the Telecommunications Act of 1996, unless theCommission extends such 4-year period by rule or order.
(3) PRESERVATION OF EXISTING AUTHORITY.--Nothing in thissubsection shall be construed to limit the authority of the Commission
under any other section of this Act to prescribe safeguards consistent withthe public interest, convenience, and necessity.
(g) JOINT MARKETING.-(1) AFFILIATE SALES OF TELEPHONE EXCHANGE SERVICES.--A Bell
operating company affiliate required by this section may not market or selltelephone exchange services provided by the Bell operating company
unless that company permits other entities offering the same or similar
service to market and sell its telephone exchange services.
(2) BELL OPERATING COMPANY SALES OF AFFILIATE SERVICES.--A
Bell operating company may not market or sell interLATA service
provided by an affiliate required by this section within any of its in-region
States until such company is authorized to provide interLATA services insuch State under section 271(d).
(3) RULE OF CONSTRUCTION.--The joint marketing and sale ofservices permitted under this subsection shall not be considered to violate
the nondiscrimination provisions of subsection (c).
(h) TRANSITION.--With respect to any activity in which a Bell operatingcompany is engaged on the date of enactment of the Telecommunications Act of
1996, such company shall have one year from such date of enactment to comply
with the requirements of this section.
SEC. 273. [47 U.S.C. 273] MANUFACTURING BY BELL OPERATINGCOMPANIES.

122

Communications Act of 1934(a) AUTHORIZATION.--A Bell operating company may manufacture andprovide telecommunications equipment, and manufacture customer premises
equipment, if the Commission authorizes that Bell operating company or any Bell
operating company affiliate to provide interLATA services under section 271(d),subject to the requirements of this section and the regulations prescribed
thereunder, except that neither a Bell operating company nor any of its affiliates
may engage in such manufacturing in conjunction with a Bell operating company
not so affiliated or any of its affiliates.
(b) COLLABORATION; RESEARCH AND ROYALTY AGREEMENTS.-(1) COLLABORATION.--Subsection (a) shall not prohibit a Bell
operating company from engaging in close collaboration with any
manufacturer of customer premises equipment or telecommunications
equipment during the design and development of hardware, software, or
combinations thereof related to such equipment.
(2) CERTAIN RESEARCH ARRANGEMENTS; ROYALTY AGREEMENTS.-Subsection (a) shall not prohibit a Bell operating company from-(A) engaging in research activities related to manufacturing,and(B) entering into royalty agreements with manufacturers of
telecommunications equipment.
(c) INFORMATION REQUIREMENTS.-(1) INFORMATION ON PROTOCOLS AND TECHNICAL REQUIREMENTS.-Each Bell operating company shall, in accordance with regulationsprescribed by the Commission, maintain and file with the Commission fulland complete information with respect to the protocols and technicalrequirements for connection with and use of its telephone exchange service
facilities. Each such company shall report promptly to the Commission any
material changes or planned changes to such protocols and requirements,
and the schedule for implementation of such changes or planned changes.
(2) DISCLOSURE OF INFORMATION.--A Bell operating company shallnot disclose any information required to be filed under paragraph (1) unlessthat information has been filed promptly, as required by regulation by theCommission.
(3) ACCESS BY COMPETITORS TO INFORMATION.--The Commission
may prescribe such additional regulations under this subsection as may benecessary to ensure that manufacturers have access to the information withrespect to the protocols and technical requirements for connection with anduse of telephone exchange service facilities that a Bell operating company
makes available to any manufacturing affiliate or any unaffiliatedmanufacturer.
(4) PLANNING INFORMATION.--Each Bell operating company shallprovide, to interconnecting carriers providing telephone exchange service,123

Communications Act of 1934
timely information on the planned deployment of telecommunications
equipment.
(d) MANUFACTURING LIMITATIONS FOR STANDARD-SETTINGORGANIZATIONS.-(1) APPLICATION TO BELL COMMUNICATIONS RESEARCH OR
MANUFACTURERS.--Bell Communications Research, Inc., or any successor
entity or affiliate-(A) shall not be considered a Bell operating company or a
successor or assign of a Bell operating company at such time as it is
no longer an affiliate of any Bell operating company; and(B) notwithstanding paragraph (3), shall not engage inmanufacturing telecommunications equipment or customer premises
equipment as long as it is an affiliate of more than 1 otherwise
unaffiliated Bell operating company or successor or assign of any
such company.
Nothing in this subsection prohibits Bell Communications Research, Inc.,or any successor entity, from engaging in any activity in which it is lawfully
engaged on the date of enactment of the Telecommunications Act of 1996.
Nothing provided in this subsection shall render Bell Communications
Research, Inc., or any successor entity, a common carrier under title II ofthis Act. Nothing in this subsection restricts any manufacturer fromengaging in any activity in which it is lawfully engaged on the date ofenactment of the Telecommunications Act of 1996.
(2) PROPRIETARY INFORMATION.--Any entity which establishes
standards for telecommunications equipment or customer premises
equipment, or generic network requirements for such equipment, or
certifies telecommunications equipment or customer premises equipment,
shall be prohibited from releasing or otherwise using any proprietary
information, designated as such by its owner, in its possession as a result ofsuch activity, for any purpose other than purposes authorized in writing by
the owner of such information, even after such entity ceases to be so
engaged.
(3) MANUFACTURING SAFEGUARDS.--(A) Except as prohibited inparagraph (1), and subject to paragraph (6), any entity which certifies
telecommunications equipment or customer premises equipment
manufactured by an unaffiliated entity shall only manufacture a particularclass of telecommunications equipment or customer premises equipment
for which it is undertaking or has undertaken, during the previous 18
months, certification activity for such class of equipment through aseparate affiliate.
(B) Such separate affiliate shall-(i) maintain books, records, and accounts separate from124

Communications Act of 1934
those of the entity that certifies such equipment, consistent withgenerally acceptable accounting principles;(ii) not engage in any joint manufacturing activities withsuch entity; and(iii) have segregated facilities and separate employees withsuch entity.
(C) Such entity that certifies such equipment shall-(i) not discriminate in favor of its manufacturing affiliate in
the establishment of standards, generic requirements, or productcertification;(ii) not disclose to the manufacturing affiliate any
proprietary information that has been received at any time from an
unaffiliated manufacturer, unless authorized in writing by the ownerof the information; and(iii) not permit any employee engaged in productcertification for telecommunications equipment or customer
premises equipment to engage jointly in sales or marketing of any
such equipment with the affiliated manufacturer.
(4) STANDARD-SETTING ENTITIES.--Any entity that is not an
accredited standards development organization and that establishes
industry-wide standards for telecommunications equipment or customer
premises equipment, or industry-wide generic network requirements forsuch equipment, or that certifies telecommunications equipment or
customer premises equipment manufactured by an unaffiliated entity, shall-(A) establish and publish any industry-wide standard for,industry-wide generic requirement for, or any substantial
modification of an existing industry-wide standard or industry-wide
generic requirement for, telecommunications equipment or
customer premises equipment only in compliance with the following
procedure-(i) such entity shall issue a public notice of its
consideration of a proposed industry-wide standard orindustry-wide generic requirement;(ii) such entity shall issue a public invitation tointerested industry parties to fund and participate in such
efforts on a reasonable and nondiscriminatory basis,
administered in such a manner as not to unreasonably
exclude any interested industry party;(iii) such entity shall publish a text for comment bysuch parties as have agreed to participate in the process
pursuant to clause (ii), provide such parties a fullopportunity to submit comments, and respond to comments

125

Communications Act of 1934
from such parties;(iv) such entity shall publish a final text of theindustry-wide standard or industry-wide genericrequirement, including the comments in their entirety, of any
funding party which requests to have its comments sopublished; and(v) such entity shall attempt, prior to publishing atext for comment, to agree with the funding parties as agroup on a mutually satisfactory dispute resolution process
which such parties shall utilize as their sole recourse in theevent of a dispute on technical issues as to which there isdisagreement between any funding party and the entity
conducting such activities, except that if no dispute
resolution process is agreed to by all the parties, a funding
party may utilize the dispute resolution procedures
established pursuant to paragraph (5) of this subsection;(B) engage in product certification for telecommunications
equipment or customer premises equipment manufactured by
unaffiliated entities only if-(i) such activity is performed pursuant to publishedcriteria;(ii) such activity is performed pursuant to auditable
criteria; and(iii) such activity is performed pursuant to available
industry-accepted testing methods and standards, whereapplicable, unless otherwise agreed upon by the parties
funding and performing such activity;(C) not undertake any actions to monopolize or attempt tomonopolize the market for such services; and(D) not preferentially treat its own telecommunications
equipment or customer premises equipment, or that of its affiliate,
over that of any other entity in establishing and publishing industrywide standards or industry-wide generic requirements for, and incertification of, telecommunications equipment and customer
premises equipment.
(5) ALTERNATE DISPUTE RESOLUTION.--Within 90 days after thedate of enactment of the Telecommunications Act of 1996, theCommission shall prescribe a dispute resolution process to be utilized in theevent that a dispute resolution process is not agreed upon by all the parties
when establishing and publishing any industry-wide standard or industrywide generic requirement for telecommunications equipment or customer
premises equipment, pursuant to paragraph (4)(A)(v). The Commission

126Communications Act of 1934
shall not establish itself as a party to the dispute resolution process. Such
dispute resolution process shall permit any funding party to resolve a
dispute with the entity conducting the activity that significantly affects suchfunding party's interests, in an open, nondiscriminatory, and unbiased
fashion, within 30 days after the filing of such dispute. Such disputes may
be filed within 15 days after the date the funding party receives a response
to its comments from the entity conducting the activity. The Commission
shall establish penalties to be assessed for delays caused by referral of
frivolous disputes to the dispute resolution process.
(6) SUNSET.--The requirements of paragraphs (3) and (4) shallterminate for the particular relevant activity when the Commission
determines that there are alternative sources of industry-wide standards,
industry-wide generic requirements, or product certification for a particularclass of telecommunications equipment or customer premises equipment
available in the United States. Alternative sources shall be deemed to exist
when such sources provide commercially viable alternatives that areproviding such services to customers. The Commission shall act on any
application for such a determination within 90 days after receipt of suchapplication, and shall receive public comment on such application.
(7) ADMINISTRATION AND ENFORCEMENT AUTHORITY.--For the
purposes of administering this subsection and the regulations prescribed
thereunder, the Commission shall have the same remedial authority as theCommission has in administering and enforcing the provisions of this title
with respect to any common carrier subject to this Act.
(8) DEFINITIONS.--For purposes of this subsection:(A) The term ''affiliate'' shall have the same meaning as insection 3 of this Act, except that, for purposes of paragraph (1)(B)(i) an aggregate voting equity interest in Bell
Communications Research, Inc., of at least 5 percent of its
total voting equity, owned directly or indirectly by morethan 1 otherwise unaffiliated Bell operating company, shallconstitute an affiliate relationship; and(ii) a voting equity interest in Bell Communications
Research, Inc., by any otherwise unaffiliated Bell operatingcompany of less than 1 percent of Bell Communications
Research's total voting equity shall not be considered to bean equity interest under this paragraph.
(B) The term ''generic requirement'' means a description of
acceptable product attributes for use by local exchange carriers inestablishing product specifications for the purchase of
telecommunications equipment, customer premises equipment, and127

Communications Act of 1934
software integral thereto.
(C) The term ''industry-wide'' means activities funded by or
performed on behalf of local exchange carriers for use in providing
wireline telephone exchange service whose combined total of
deployed access lines in the United States constitutes at least 30
percent of all access lines deployed by telecommunications carriersin the United States as of the date of enactment of theTelecommunications Act of 1996.
(D) The term ''certification'' means any technical process
whereby a party determines whether a product, for use by morethan one local exchange carrier, conforms with the specified
requirements pertaining to such product.
(E) The term ''accredited standards development
organization'' means an entity composed of industry members which
has been accredited by an institution vested with the responsibility
for standards accreditation by the industry.
(e) BELL OPERATING COMPANY EQUIPMENT PROCUREMENT AND SALES.-(1) NONDISCRIMINATION STANDARDS FOR MANUFACTURING.--In
the procurement or awarding of supply contracts for telecommunications
equipment, a Bell operating company, or any entity acting on its behalf, forthe duration of the requirement for a separate subsidiary including
manufacturing under this Act-(A) shall consider such equipment, produced or supplied byunrelated persons; and(B) may not discriminate in favor of equipment produced or
supplied by an affiliate or related person.
(2) PROCUREMENT STANDARDS.--Each Bell operating company or
any entity acting on its behalf shall make procurement decisions and award
all supply contracts for equipment, services, and software on the basis of an
objective assessment of price, quality, delivery, and other commercial
factors.
(3) NETWORK PLANNING AND DESIGN.--A Bell operating company
shall, to the extent consistent with the antitrust laws, engage in joint
network planning and design with local exchange carriers operating in thesame area of interest. No participant in such planning shall be allowed todelay the introduction of new technology or the deployment of facilities toprovide telecommunications services, and agreement with such othercarriers shall not be required as a prerequisite for such introduction or
deployment.
(4) SALES RESTRICTIONS.--Neither a Bell operating company
engaged in manufacturing nor a manufacturing affiliate of such a company
shall restrict sales to any local exchange carrier of telecommunications

128

Communications Act of 1934
equipment, including software integral to the operation of such equipment
and related upgrades.
(5) PROTECTION OF PROPRIETARY INFORMATION.--A Bell operatingcompany and any entity it owns or otherwise controls shall protect the
proprietary information submitted for procurement decisions from releasenot specifically authorized by the owner of such information.
(f) ADMINISTRATION AND ENFORCEMENT AUTHORITY.--For the purposesof administering and enforcing the provisions of this section and the regulationsprescribed thereunder, the Commission shall have the same authority, power, andfunctions with respect to any Bell operating company or any affiliate thereof as theCommission has in administering and enforcing the provisions of this title withrespect to any common carrier subject to this Act.
(g) ADDITIONAL RULES AND REGULATIONS.--The Commission may
prescribe such additional rules and regulations as the Commission determines arenecessary to carry out the provisions of this section, and otherwise to prevent
discrimination and cross-subsidization in a Bell operating company's dealings with
its affiliate and with third parties.
(h) DEFINITION.--As used in this section, the term ''manufacturing'' has thesame meaning as such term has under the AT&T Consent Decree.
SEC. 274. [47 U.S.C. 274] ELECTRONIC PUBLISHING BY BELL
OPERATING COMPANIES.
(a) LIMITATIONS.--No Bell operating company or any affiliate may engage
in the provision of electronic publishing that is disseminated by means of such Bell
operating company's or any of its affiliates' basic telephone service, except that
nothing in this section shall prohibit a separated affiliate or electronic publishingjoint venture operated in accordance with this section from engaging in theprovision of electronic publishing.
(b) SEPARATED AFFILIATE OR ELECTRONIC PUBLISHING JOINT VENTUREREQUIREMENTS.--A separated affiliate or electronic publishing joint venture shallbe operated independently from the Bell operating company. Such separated
affiliate or joint venture and the Bell operating company with which it is affiliatedshall-(1) maintain separate books, records, and accounts and prepare
separate financial statements;(2) not incur debt in a manner that would permit a creditor of theseparated affiliate or joint venture upon default to have recourse to theassets of the Bell operating company;(3) carry out transactions (A) in a manner consistent with such
independence, (B) pursuant to written contracts or tariffs that are filed with
the Commission and made publicly available, and (C) in a manner that is
auditable in accordance with generally accepted auditing standards;

129

Communications Act of 1934(4) value any assets that are transferred directly or indirectly fromthe Bell operating company to a separated affiliate or joint venture, andrecord any transactions by which such assets are transferred, in accordancewith such regulations as may be prescribed by the Commission or a State
commission to prevent improper cross subsidies;(5) between a separated affiliate and a Bell operating company-(A) have no officers, directors, and employees in common
after the effective date of this section; and(B) own no property in common;(6) not use for the marketing of any product or service of theseparated affiliate or joint venture, the name, trademarks, or service marksof an existing Bell operating company except for names, trademarks, orservice marks that are owned by the entity that owns or controls the Bell
operating company;(7) not permit the Bell operating company-(A) to perform hiring or training of personnel on behalf of aseparated affiliate;(B) to perform the purchasing, installation, or maintenanceof equipment on behalf of a separated affiliate, except for telephoneservice that it provides under tariff or contract subject to theprovisions of this section; or(C) to perform research and development on behalf of aseparated affiliate;(8) each have performed annually a compliance review-(A) that is conducted by an independent entity for the
purpose of determining compliance during the preceding calendar
year with any provision of this section; and(B) the results of which are maintained by the separated
affiliate or joint venture and the Bell operating company for aperiod of 5 years subject to review by any lawful authority; and(9) within 90 days of receiving a review described in paragraph (8),file a report of any exceptions and corrective action with the Commission
and allow any person to inspect and copy such report subject to reasonablesafeguards to protect any proprietary information contained in such reportfrom being used for purposes other than to enforce or pursue remedies
under this section.
(c) JOINT MARKETING.-(1) IN GENERAL.--Except as provided in paragraph (2)-(A) a Bell operating company shall not carry out any
promotion, marketing, sales, or advertising for or in conjunction
with a separated affiliate; and(B) a Bell operating company shall not carry out any

130Communications Act of 1934
promotion, marketing, sales, or advertising for or in conjunction
with an affiliate that is related to the provision of electronic
publishing.
(2) PERMISSIBLE JOINT ACTIVITIES.-(A) JOINT TELEMARKETING.--A Bell operating company may
provide inbound telemarketing or referral services related to theprovision of electronic publishing for a separated affiliate, electronic
publishing joint venture, affiliate, or unaffiliated electronic
publisher: Provided, That if such services are provided to a
separated affiliate, electronic publishing joint venture, or affiliate,such services shall be made available to all electronic publishers onrequest, on nondiscriminatory terms.
(B) TEAMING ARRANGEMENTS.--A Bell operating company
may engage in nondiscriminatory teaming or business arrangements
to engage in electronic publishing with any separated affiliate orwith any other electronic publisher if (i) the Bell operating company
only provides facilities, services, and basic telephone service
information as authorized by this section, and (ii) the Bell operatingcompany does not own such teaming or business arrangement.
(C) ELECTRONIC PUBLISHING JOINT VENTURES.--A Bell
operating company or affiliate may participate on a nonexclusive
basis in electronic publishing joint ventures with entities that are nota Bell operating company, affiliate, or separated affiliate to provide
electronic publishing services, if the Bell operating company oraffiliate has not more than a 50 percent direct or indirect equity
interest (or the equivalent thereof) or the right to more than 50
percent of the gross revenues under a revenue sharing or royalty
agreement in any electronic publishing joint venture. Officers andemployees of a Bell operating company or affiliate participating inan electronic publishing joint venture may not have more than 50
percent of the voting control over the electronic publishing joint
venture. In the case of joint ventures with small, local electronic
publishers, the Commission for good cause shown may authorize
the Bell operating company or affiliate to have a larger equity
interest, revenue share, or voting control but not to exceed 80
percent. A Bell operating company participating in an electronic
publishing joint venture may provide promotion, marketing, sales,or advertising personnel and services to such joint venture.
(d) BELL OPERATING COMPANY REQUIREMENT.--A Bell operatingcompany under common ownership or control with a separated affiliate orelectronic publishing joint venture shall provide network access andinterconnections for basic telephone service to electronic publishers at just and131

Communications Act of 1934
reasonable rates that are tariffed (so long as rates for such services are subject toregulation) and that are not higher on a per-unit basis than those charged for suchservices to any other electronic publisher or any separated affiliate engaged inelectronic publishing.
(e) PRIVATE RIGHT OF ACTION.-(1) DAMAGES.--Any person claiming that any act or practice of any
Bell operating company, affiliate, or separated affiliate constitutes aviolation of this section may file a complaint with the Commission or bringsuit as provided in section 207 of this Act, and such Bell operatingcompany, affiliate, or separated affiliate shall be liable as provided in
section 206 of this Act; except that damages may not be awarded for aviolation that is discovered by a compliance review as required bysubsection (b)(7) of this section and corrected within 90 days.
(2) CEASE AND DESIST ORDERS.--In addition to the provisions ofparagraph (1), any person claiming that any act or practice of any Bell
operating company, affiliate, or separated affiliate constitutes a violation ofthis section may make application to the Commission for an order to ceaseand desist such violation or may make application in any district court of
the United States of competent jurisdiction for an order enjoining such actsor practices or for an order compelling compliance with such requirement.
(f) SEPARATED AFFILIATE REPORTING REQUIREMENT.--Any separated
affiliate under this section shall file with the Commission annual reports in a form
substantially equivalent to the Form 10-K required by regulations of the Securities
and Exchange Commission.
(g) EFFECTIVE DATES.-(1) TRANSITION.--Any electronic publishing service being offered tothe public by a Bell operating company or affiliate on the date of enactmentof the Telecommunications Act of 1996 shall have one year from such dateof enactment to comply with the requirements of this section.
(2) SUNSET.--The provisions of this section shall not apply to
conduct occurring after 4 years after the date of enactment of theTelecommunications Act of 1996.
(h) DEFINITION OF ELECTRONIC PUBLISHING.-(1) IN GENERAL.--The term ''electronic publishing'' means thedissemination, provision, publication, or sale to an unaffiliated entity or
person, of any one or more of the following: news (including sports);
entertainment (other than interactive games); business, financial, legal,
consumer, or credit materials; editorials, columns, or features; advertising;photos or images; archival or research material; legal notices or publicrecords; scientific, educational, instructional, technical, professional, trade,or other literary materials; or other like or similar information.
(2) EXCEPTIONS.--The term ''electronic publishing'' shall not include132

Communications Act of 1934
the following services:(A) Information access, as that term defined by the AT&T
Consent Decree.
(B) The transmission of information as a common carrier.
(C) The transmission of information as part of a gateway toan information service that does not involve the generation oralteration of the content of information, including data transmission,
address translation, protocol conversion, billing management,
introductory information content, and navigational systems thatenable users to access electronic publishing services, which do notaffect the presentation of such electronic publishing services tousers.
(D) Voice storage and retrieval services, including voicemessaging and electronic mail services.
(E) Data processing or transaction processing services that
do not involve the generation or alteration of the content of
information.
(F) Electronic billing or advertising of a Bell operatingcompany's regulated telecommunications services.
(G) Language translation or data format conversion.
(H) The provision of information necessary for the
management, control, or operation of a telephone company
telecommunications system.
(I) The provision of directory assistance that provides
names, addresses, and telephone numbers and does not include
advertising.
(J) Caller identification services.
(K) Repair and provisioning databases and credit card andbilling validation for telephone company operations.
(L) 911-E and other emergency assistance databases.
(M) Any other network service of a type that is like orsimilar to these network services and that does not involve thegeneration or alteration of the content of information.
(N) Any upgrades to these network services that do not
involve the generation or alteration of the content of information.
(O) Video programming or full motion video entertainment
on demand.
(i) ADDITIONAL DEFINITIONS.--As used in this section-(1) The term ''affiliate'' means any entity that, directly or indirectly,
owns or controls, is owned or controlled by, or is under common
ownership or control with, a Bell operating company. Such term shall notinclude a separated affiliate.

133

Communications Act of 1934
(2) The term ''basic telephone service'' means any wireline telephoneexchange service, or wireline telephone exchange service facility, provided
by a Bell operating company in a telephone exchange area, except that suchterm does not include-(A) a competitive wireline telephone exchange service
provided in a telephone exchange area where another entity
provides a wireline telephone exchange service that was provided
on January 1, 1984, or(B) a commercial mobile service.
(3) The term ''basic telephone service information'' means networkand customer information of a Bell operating company and otherinformation acquired by a Bell operating company as a result of its
engaging in the provision of basic telephone service.
(4) The term ''control'' has the meaning that it has in 17 C.F.R.
240.12b-2, the regulations promulgated by the Securities and Exchange
Commission pursuant to the Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.) or any successor provision to such section.
(5) The term ''electronic publishing joint venture'' means a joint
venture owned by a Bell operating company or affiliate that engages in theprovision of electronic publishing which is disseminated by means of such
Bell operating company's or any of its affiliates' basic telephone service.
(6) The term ''entity'' means any organization, and includes
corporations, partnerships, sole proprietorships, associations, and joint
ventures.
(7) The term ''inbound telemarketing'' means the marketing ofproperty, goods, or services by telephone to a customer or potential
customer who initiated the call.
(8) The term ''own'' with respect to an entity means to have a direct
or indirect equity interest (or the equivalent thereof) of more than 10
percent of an entity, or the right to more than 10 percent of the grossrevenues of an entity under a revenue sharing or royalty agreement.
(9) The term ''separated affiliate'' means a corporation undercommon ownership or control with a Bell operating company that does not
own or control a Bell operating company and is not owned or controlled bya Bell operating company and that engages in the provision of electronic
publishing which is disseminated by means of such Bell operatingcompany's or any of its affiliates' basic telephone service.
(10) The term ''Bell operating company'' has the meaning provided
in section 3, except that such term includes any entity or corporation that is
owned or controlled by such a company (as so defined) but does notinclude an electronic publishing joint venture owned by such an entity or
corporation.

134

Communications Act of 1934
SEC. 275. [47 U.S.C. 275] ALARM MONITORING SERVICES.
(a) DELAYED ENTRY INTO ALARM MONITORING.-(1) PROHIBITION.--No Bell operating company or affiliate thereof
shall engage in the provision of alarm monitoring services before the date
which is 5 years after the date of enactment of the Telecommunications Act
of 1996.
(2) EXISTING ACTIVITIES.--Paragraph (1) does not prohibit or limit
the provision, directly or through an affiliate, of alarm monitoring services
by a Bell operating company that was engaged in providing alarm
monitoring services as of November 30, 1995, directly or through anaffiliate. Such Bell operating company or affiliate may not acquire any
equity interest in, or obtain financial control of, any unaffiliated alarm
monitoring service entity after November 30, 1995, and until 5 years after
the date of enactment of the Telecommunications Act of 1996, except that
this sentence shall not prohibit an exchange of customers for the customersof an unaffiliated alarm monitoring service entity.
(b) NONDISCRIMINATION.--An incumbent local exchange carrier (as definedin section 251(h)) engaged in the provision of alarm monitoring services shall-(1) provide nonaffiliated entities, upon reasonable request, with the
network services it provides to its own alarm monitoring operations, on
nondiscriminatory terms and conditions; and(2) not subsidize its alarm monitoring services either directly or
indirectly from telephone exchange service operations.
(c) EXPEDITED CONSIDERATION OF COMPLAINTS.--The Commission shallestablish procedures for the receipt and review of complaints concerning violationsof subsection (b) or the regulations thereunder that result in material financial harm
to a provider of alarm monitoring service. Such procedures shall ensure that theCommission will make a final determination with respect to any such complaint
within 120 days after receipt of the complaint. If the complaint contains anappropriate showing that the alleged violation occurred, as determined by theCommission in accordance with such regulations, the Commission shall, within 60
days after receipt of the complaint, order the incumbent local exchange carrier (asdefined in section 251(h)) and its affiliates to cease engaging in such violation
pending such final determination.
(d) USE OF DATA.--A local exchange carrier may not record or use in any
fashion the occurrence or contents of calls received by providers of alarm
monitoring services for the purposes of marketing such services on behalf of such
local exchange carrier, or any other entity. Any regulations necessary to enforce
this subsection shall be issued initially within 6 months after the date of enactmentof the Telecommunications Act of 1996.
(e) DEFINITION OF ALARM MONITORING SERVICE.--The term ''alarm
monitoring service'' means a service that uses a device located at a residence, place

135

Communications Act of 1934of business, or other fixed premises-(1) to receive signals from other devices located at or about suchpremises regarding a possible threat at such premises to life, safety, or
property, from burglary, fire, vandalism, bodily injury, or other emergency,and(2) to transmit a signal regarding such threat by means oftransmission facilities of a local exchange carrier or one of its affiliates to aremote monitoring center to alert a person at such center of the need to
inform the customer or another person or police, fire, rescue, security, or
public safety personnel of such threat,but does not include a service that uses a medical monitoring device
attached to an individual for the automatic surveillance of an ongoing medical
condition.
SEC. 276. [47 U.S.C. 276] PROVISION OF PAYPHONE SERVICE.
(a) NONDISCRIMINATION SAFEGUARDS.--After the effective date of therules prescribed pursuant to subsection (b), any Bell operating company thatprovides payphone service-(1) shall not subsidize its payphone service directly or indirectlyfrom its telephone exchange service operations or its exchange access
operations; and(2) shall not prefer or discriminate in favor of its payphone service.
(b) REGULATIONS.-(1) CONTENTS OF REGULATIONS.--In order to promote competition
among payphone service providers and promote the widespread
deployment of payphone services to the benefit of the general public,
within 9 months after the date of enactment of the Telecommunications Act
of 1996, the Commission shall take all actions necessary (including any
reconsideration) to prescribe regulations that-(A) establish a per call compensation plan to ensure that all
payphone service providers are fairly compensated for each andevery completed intrastate and interstate call using their payphone,
except that emergency calls and telecommunications relay service
calls for hearing disabled individuals shall not be subject to suchcompensation;(B) discontinue the intrastate and interstate carrier accesscharge payphone service elements and payments in effect on suchdate of enactment, and all intrastate and interstate payphone
subsidies from basic exchange and exchange access revenues, infavor of a compensation plan as specified in subparagraph (A);(C) prescribe a set of nonstructural safeguards for Bell
operating company payphone service to implement the provisions

136

Communications Act of 1934of paragraphs (1) and (2) of subsection (a), which safeguards shall,
at a minimum, include the nonstructural safeguards equal to thoseadopted in the Computer Inquiry-III (CC Docket No. 90-623)
proceeding;(D) provide for Bell operating company payphone service
providers to have the same right that independent payphone
providers have to negotiate with the location provider on thelocation provider's selecting and contracting with, and, subject tothe terms of any agreement with the location provider, to select andcontract with, the carriers that carry interLATA calls from theirpayphones, unless the Commission determines in the rulemaking
pursuant to this section that it is not in the public interest; and(E) provide for all payphone service providers to have theright to negotiate with the location provider on the location
provider's selecting and contracting with, and, subject to the termsof any agreement with the location provider, to select and contract
with, the carriers that carry intraLATA calls from their payphones.
(2) PUBLIC INTEREST TELEPHONES.--In the rulemaking conductedpursuant to paragraph (1), the Commission shall determine whether public
interest payphones, which are provided in the interest of public health,safety, and welfare, in locations where there would otherwise not be apayphone, should be maintained, and if so, ensure that such public interest
payphones are supported fairly and equitably.
(3) EXISTING CONTRACTS.--Nothing in this section shall affect any
existing contracts between location providers and payphone service
providers or interLATA or intraLATA carriers that are in force and effectas of the date of enactment of the Telecommunications Act of 1996.
(c) STATE PREEMPTION.--To the extent that any State requirements areinconsistent with the Commission's regulations, the Commission's regulations onsuch matters shall preempt such State requirements.
(d) DEFINITION.--As used in this section, the term ''payphone service''means the provision of public or semi-public pay telephones, the provision of
inmate telephone service in correctional institutions, and any ancillary services.

TITLE III--PROVISIONS RELATING TO
RADIOPART I--GENERAL PROVISIONS
SEC. 301. [47 U.S.C. 301] LICENSE FOR RADIO COMMUNICATION OR
TRANSMISSION OF ENERGY137

Communications Act of 1934
It is the purpose of this Act, among other things, to maintain the control of
the United States over all the channels of radio transmission; and to provide for theuse of such channels, but not the ownership thereof, by persons for limited periodsof time, under licenses granted by Federal authority, and no such license shall be
construed to create any right, beyond the terms, conditions, and periods of thelicense. No person shall use or operate any apparatus for the transmission ofenergy or communications or signals by radio (a) from one place in any State,
Territory, or possession of the United States or in the District of Columbia to
another place in the same State, Territory, possession, or District; or (b) from any
State, Territory, or possession of the United States, or from the District ofColumbia to any other State, Territory, or possession of the United States; or (c)from any place in any State, Territory, or possession of the United States, or in theDistrict of Columbia, to any place in any foreign country or to any vessel; or (d)within any State when the effects of such use extend beyond the borders of said
State, or when interference is caused by such use or operation with thetransmission of such energy, communications, or signals from within said State toany place beyond its borders, or from any place beyond its borders to any place
within said State, or with the transmission or reception of such energy,
communications, or signals from and/or to places beyond the borders of said State;or (e) upon any vessel or aircraft of the United States (except as provided in
section 303(t)); or (f) upon any other mobile stations within the jurisdiction of theUnited States, except under and in accordance with this Act and with a license inthat behalf granted under the provisions of this Act.
SEC. 302. [47 U.S.C. 302] DEVICES WHICH INTERFERE WITH RADIO
RECEPTION.
(a) The Commission may, consistent with the public interest, convenience,and necessity, make reasonable regulations (1) governing the interference potentialof devices which in their operation are capable of emitting radio frequency energy
by radiation, conduction, or other means in sufficient degree to cause harmfulinterference to radio communications; and (2) establishing minimum performancestandards for home electronic equipment and systems to reduce their susceptibility
to interference from radio frequency energy. Such regulations shall be applicable tothe manufacture, import, sale, offer for sale, or shipment of such devices and homeelectronic equipment and systems, and to the use of such devices.
(b) No person shall manufacture, import, sell, offer for sale, or ship devices
or home electronic equipment and systems, or use devices, which fail to comply
with regulations promulgated pursuant to this section.
(c) The provisions of this section shall not be applicable to carriers
transporting such devices or home electronic equipment and systems without
trading in them, to devices or home electronic equipment and systems
manufactured solely for export, to the equipment manufacturer, assembly, or138Communications Act of 1934
installation of devices or home electronic and systems for its own use by a public
utility engaged in providing electric service, or to devices or home electronicequipment and systems for use by the Government of the United States or any
agency thereof. Devices and home electronic equipment and systems for use by theGovernment of the United States or any agency thereof shall be developed,
procured, or otherwise acquired, including offshore procurement, under UnitedStates Government criteria, standards, or specifications designed to achieve theobjectives of reducing interference to radio reception and to home electronicequipment and systems, taking into account the unique needs of national defense
and security.
(d)(1) Within 180 days after the date of enactment of this subsection, theCommission shall prescribe and make effective regulations denying equipment
authorization (under part 15 of title 47, Code of Federal Regulations, or any otherpart of that title) for any scanning receiver that is capable of-(A) receiving transmissions in the frequencies allocated to thedomestic cellular radio telecommunications service,(B) readily being altered by the user to receive transmissions in such
frequencies, or(C) being equipped with decoders that convert digital cellulartransmissions to analog voice audio.
(2) Beginning 1 year after the effective date of the regulations adopted
pursuant to paragraph (1), no receiver having the capabilities described insubparagraph (A), (B), or (C) of paragraph (1), as such capabilities are defined insuch regulations, shall be manufactured in the United States or imported for use in
the United States.
(e) The Commission may-(1) authorize the use of private organizations for testing andcertifying the compliance of devices or home electronic equipment andsystems with regulations promulgated under this section;(2) accept as prima facie evidence of such compliance thecertification by any such organization; and(3) establish such qualifications and standards as it deems
appropriate for such private organizations, testing, and certification.
SEC. 303. [47 U.S.C. 303] GENERAL POWERS OF COMMISSION.
Except as otherwise provided in this Act, the Commission from time totime, as public convenience, interest, or necessity requires shall-(a) Classify radio stations;(b) Prescribe the nature of the service to be rendered by each class oflicensed stations and each station within any class; (c) Assign bands offrequencies to the various classes of stations, and assign frequencies for eachindividual station and determine the power which each station shall use and the139Communications Act of 1934
time during which it may operate;(d) Determine the location of classes of stations or individual stations;(e) Regulate the kind of apparatus to be used with respect to its external
effects and the purity and sharpness of the emissions from each station and fromthe apparatus therein;(f) Make such regulations not inconsistent with law as it may deem
necessary to prevent interference between stations and to carry out the provisionsof this Act: Provided, however, that changes in the frequencies, authorized power,
or in the times of operation of any station, shall not be made without the consent
of the station licensee unless the Commission shall determine that such changes
will promote public convenience or interest or will serve public necessity, or theprovisions of this Act will be more fully complied with;(g) Study new uses for radio, provide for experimental uses of frequencies,and generally encourage the larger and more effective use of radio in the public
interest;(h) Have authority to establish areas or zones to be served by any station;(i) Have authority to make special regulations applicable to radio stations
engaged in chain broadcasting;(j) Have authority to make general rules and regulations requiring stations
to keep such records of programs, transmissions of energy, communications or
signals as it may deem desirable;(k) Have authority to exclude from the requirements of any regulations inwhole or in part any radio station upon railroad rolling stock, or to modify such
regulations in its discretion;(l)(1) Have the authority to prescribe the qualifications of station operators,
to classify them according to the duties to be performed, to fix the forms of suchlicenses, and to issue them to persons who are found to be qualified by theCommission and who otherwise are legally eligible for employment in the UnitedStates, except that such requirement relating to eligibility for employment in the
United States shall not apply in the case of licenses issued by the Commission to(A) persons holding United States pilot certificates; or (B) persons holding foreign
aircraft pilot certificates which are valid in the United States, if the foreign
government involved has entered into a reciprocal agreement under which suchforeign government does not impose any similar requirement relating to eligibility
for employment upon citizens of the United States;(2) Notwithstanding paragraph (1) of this subsection, an individual towhom a radio station is licensed under the provisions of this Act may be issued an
operator's license to operate that station.
(3) In addition to amateur operator licenses which the Commission may
issue to aliens pursuant to paragraph (2) of this subsection, and notwithstanding
section 301 of this Act and paragraph (1) of this subsection, the Commission may
issue authorizations, under such conditions and terms as it may prescribe, to permit

140Communications Act of 1934an alien licensed by his government as an amateur radio operator to operate hisamateur radio station licensed by his government in the United States, itspossessions, and the Commonwealth of Puerto Rico provided there is in effect a
multilateral or bilateral agreement, to which the United States and the alien's
government are parties, for such operation on a reciprocal basis by United States
amateur radio operators. Other provisions of this Act and of the Administrative
Procedure Act shall not be applicable to any request or application for ormodification, suspension or cancellation of any such authorization.
(m)(1) Have authority to suspend the license of any operator upon proof
sufficient to satisfy the Commission that the licensee-(a) Has violated, or caused, aided, or abetted the violation of, any provisionof any Act, treaty, or convention binding on the United States, which theCommission is authorized to administer, or any regulation made by theCommission under any such Act, treaty, or convention; or(B) Has failed to carry out a lawful order of the master or person lawfullyin charge of the ship or aircraft on which he is employed; or(C) Has willfully damaged or permitted radio apparatus or installations to
be damaged; or(D) Has transmitted superfluous radio communications or signals orcommunications containing profane or obscene words, language, or meaning, or
has knowingly transmitted-(1) False or deceptive signals or communications; or(2) A call signal or letter which has not been assigned by proper authority
to the station he is operating; or(E) Has willfully or maliciously interfered with any other radio
communications or signals; or(F) Has obtained or attempted to obtain, or has assisted another to obtainor attempt to obtain, an operator's license by fraudulent means.
(2) No order of suspension of any operator's license shall take effect until
fifteen days' notice in writing thereof, stating the cause for the proposedsuspension, has been given to the operator licensee who may make written
application to the Commission at any time within said fifteen days for hearing uponsuch order. The notice to the operator licensee shall not be effective until actually
received by him, and from that time he shall have fifteen days in which to mail thesaid application. In the event that physical conditions prevent mailing of theapplication at the expiration of the fifteen-day period, the application shall then be
mailed as soon as possible thereafter, accompanied by a satisfactory explanation of
the delay. Upon receipt by the Commission of such application for hearing, saidorder of suspension shall be held in abeyance until the conclusion of the hearing
which shall be conducted under such rules as the Commission may prescribe. Uponthe conclusion of said hearing the Commission may affirm, modify, or revoke saidorder of suspension.

141

Communications Act of 1934(n) Have authority to inspect all radio installations associated with stations
required to be licensed by any Act, or which the Commission by rule has
authorized to operate without a license under section 307(e)(1), or which are
subject to the provisions of any Act, treaty, or convention binding on the UnitedStates, to ascertain whether in construction, installation, and operation they
conform to the requirements of the rules and regulations of the Commission, theprovisions of any Act, the terms of any treaty or convention binding on the UnitedStates and the conditions of the license or other instrument of authorization underwhich they are constructed, installed, or operated.
(o) Have authority to designate call letters of all stations;(p) Have authority to cause to be published such call letters and such otherannouncements and data as in the judgment of the Commission may be required
for the efficient operation of radio stations subject the jurisdiction of the UnitedStates and for the proper enforcement of this Act;(q) Have authority to require the painting and/or illumination of radio
towers if and when in its judgment such towers constitute, or there is a reasonable
possibility that they may constitute, a menace to air navigation. The permittee or
licensee, and the tower owner in any case in which the owner is not the permittee
or licensee, shall maintain the painting and/or illumination of the tower asprescribed by the Commission pursuant to this section. In the event that the towerceases to be licensed by the Commission for the transmission of radio energy, theowner of the tower shall maintain the prescribed painting and/or illumination ofsuch tower until it is dismantled, and the Commission may require the owner todismantle and remove the tower when the administrator of the Federal Aviation
Agency determines that there is a reasonable possibility that it may constitute a
menace to air navigation.
(r) Make such rules and regulations and prescribe such restrictions andconditions, not inconsistent with law, as may be necessary to carry out theprovisions of this Act, or any international radio or wire communications treaty or
convention, or regulations annexed thereto, including any treaty or convention
insofar as it relates to the use of radio, to which the United States is or may
hereafter become a party.
(s) Have authority to require that apparatus designed to receive television
pictures broadcast simultaneously with sound be capable of adequately receiving
all frequencies allocated by the Commission to television broadcasting when suchapparatus is shipped in interstate commerce, or is imported from any foreigncountry into the United States, for sale or resale to the public.
(t) Notwithstanding the provisions of section 301(e), have authority, in any
case in which an aircraft registered in the United States is operated (pursuant to alease, charter, or similar arrangement) by an aircraft operator who is subject toregulation by the government of a foreign nation, to enter into an agreement withsuch government under which the Commission shall recognize and accept any

142Communications Act of 1934
radio station licenses and radio operator licenses issued by such government withrespect to such aircraft.
(u) Require that apparatus designed to receive television pictures broadcast
simultaneously with sound be equipped with built-in decoder circuitry designed todisplay closed-captioned television transmissions when such apparatus ismanufactured in the United States or imported for use in the United States, and its
television picture screen is 13 inches or greater in size.
(v) Have exclusive jurisdiction to regulate the provision of direct-to-homesatellite services. As used in this subsection, the term ''direct-to-home satellite
services'' means the distribution or broadcasting of programming or services bysatellite directly to the subscriber's premises without the use of ground receiving or
distribution equipment, except at the subscriber's premises or in the uplink process
to the satellite.
(w) Prescribe-(1) on the basis of recommendations from an advisory committee
established by the Commission in accordance with section 551(b)(2) of theTelecommunications Act of 1996, guidelines and recommended proceduresfor the identification and rating of video programming that contains sexual,
violent, or other indecent material about which parents should be informed
before it is displayed to children: Provided, That nothing in this paragraphshall be construed to authorize any rating of video programming on thebasis of its political or religious content; and(2) with respect to any video programming that has been rated, andin consultation with the television industry, rules requiring distributors ofsuch video programming to transmit such rating to permit parents to blockthe display of video programming that they have determined isinappropriate for their children.
(x) Require, in the case of an apparatus designed to receive television
signals that are shipped in interstate commerce or manufactured in the UnitedStates and that have a picture screen 13 inches or greater in size (measured
diagonally), that such apparatus be equipped with a feature designed to enable
viewers to block display of all programs with a common rating, except asotherwise permitted by regulations pursuant to section 330(c)(4).
SEC. 304. [47 U.S.C. 304] WAIVER BY LICENSEE.
No station license shall be granted by the Commission until the applicant
therefore shall have waived any claim to the use of any particular frequency or of
the electromagnetic spectrum as against the regulatory power of the United States
because of the previous use of the same, whether by license or otherwise.
SEC. 305. [47 U.S.C. 305] GOVERNMENT-OWNED STATIONS.
(a) Radio stations belonging to and operated by the United States shall not

143Communications Act of 1934
be subject to the provisions of sections 301 and 303 of this Act. All such
Government stations shall use such frequencies as shall be assigned to each or toeach class by the President. All such stations, except stations on board naval andother Government vessels while at sea or beyond the limits of the continental
United States, when transmitting any radio communication or signal other than acommunication or signal relating to Government business, shall conform to suchrules and regulations designed to prevent interference with other radio stations andthe rights of others as the Commission may prescribe.
(b) All stations owned and operated by the United States, except mobile
stations of the Army of the United States, and all other stations on land and sea,
shall have special call letters designated by the Commission.
(c) The provisions of sections 301 and 303 of this Act notwithstanding, thePresident may, provided he determines it to be consistent with and in the interestof national security, authorize a foreign government, under such terms andconditions as he may prescribe, to construct and operate at the seat of governmentof the United States a low-power radio station in the fixed service at or near thesite of the embassy or legation of such foreign government for transmission of its
messages to points outside the United States, but only (1) where he determinesthat the authorization would be consistent with the national interest of the UnitedStates and (2) where such foreign government has provided reciprocal privileges
to the United States to construct and operate radio stations within territories
subject to its jurisdiction. Foreign government stations authorized pursuant to theprovisions of this subsection shall conform to such rules and regulations as the
President may prescribe. The authorization of such stations, and the renewal,
modification, suspension, revocation, or other termination of such authority shallbe in accordance with such procedures as may be established by the President andshall not be subject to the other provisions of this Act or of the Administrative
Procedure Act.
SEC. 306. [47 U.S.C. 306] FOREIGN SHIPS.
Section 301 of this Act shall not apply to any person sending radio
communications or signals on a foreign ship while the same is within thejurisdiction of the United States, but such communications or signals shall betransmitted only in accordance with such regulations designed to prevent
interference as may be promulgated under the authority of this Act.
SEC. 307. [47 U.S.C. 307] ALLOCATION OF FACILITIES; TERM OF
LICENSES.
(a) The Commission, if public convenience, interest, or necessity will beserved thereby, subject to the limitations of this Act, shall grant to any applicant
therefor a station license provided for by this Act.
(b) In considering applications for licenses, and modifications and renewals

144

Communications Act of 1934
thereof, when and insofar as there is demand for the same, the Commission shallmake such distribution of licenses, frequencies, hours of operation, and of power
among the several States and communities as to provide a fair, efficient, andequitable distribution of radio service to each of the same.
(c) TERMS OF LICENSES.-(1) INITIAL AND RENEWAL LICENSES.--Each license granted for theoperation of a broadcasting station shall be for a term of not to exceed 8
years. Upon application therefor, a renewal of such license may be granted
from time to time for a term of not to exceed 8 years from the date of
expiration of the preceding license, if the Commission finds that public
interest, convenience, and necessity would be served thereby. Consistent
with the foregoing provisions of this subsection, the Commission may byrule prescribe the period or periods for which licenses shall be granted andrenewed for particular classes of stations, but the Commission may not
adopt or follow any rule which would preclude it, in any case involving astation of a particular class, from granting or renewing a license for ashorter period than that prescribed for stations of such class if, in its
judgment, the public interest, convenience, or necessity would be served bysuch action.
(2) MATERIALS IN APPLICATION.--In order to expedite action on
applications for renewal of broadcasting station licenses and in order toavoid needless expense to applicants for such renewals, the Commission
shall not require any such applicant to file any information which previously
has been furnished to the Commission or which is not directly material tothe considerations that affect the granting or denial of such application, but
the Commission may require any new or additional facts it deems necessary
to make its findings.
(3) CONTINUATION PENDING DECISION.--Pending any hearing andfinal decision on such an application and the disposition of any petition forrehearing pursuant to section 405, the Commission shall continue suchlicense in effect.
(d) No renewal of an existing station license in the broadcast or thecommon carrier services shall be granted more than thirty days prior to the
expiration of the original license.
(e)(1) Notwithstanding any license requirement established in this Act, if
the Commission determines that such authorization serves the public interest,
convenience, and necessity, the Commission may by rule authorize the operation ofradio stations without individual licenses in the following radio services: (A) the
citizens band radio service; (B) the radio control service; (C) the aviation radio
service for aircraft stations operated on domestic flights when such aircraft are nototherwise required to carry a radio station; and (D) the maritime radio service forship stations navigated on domestic voyages when such ships are not otherwise

145

Communications Act of 1934
required to carry a radio station.
(2) Any radio station operator who is authorized by the Commission tooperate without an individual license shall comply with all other provisions of thisAct and with rules prescribed by the Commission under this Act.
(3) For purposes of this subsection, the terms ''citizens band radio service'',''radio control service'', ''aircraft station'' and ''ship station'' shall have the meanings
given them by the Commission by rule.
SEC. 308. [47 U.S.C. 308] APPLICATIONS FOR LICENSES;CONDITIONS IN LICENSE FOR FOREIGN COMMUNICATION.
(a) The Commission may grant construction permits and station licenses, ormodifications or renewals thereof, only upon written application therefor received
by it: Provided, That (1) in cases of emergency found by the Commission involving
danger to life or property or due to damage to equipment, or (2) during a national
emergency proclaimed by the President or declared by the Congress and during thecontinuance of any war in which the United States is engaged and when suchaction is necessary for the national defense or security or otherwise in furtheranceof the war effort, or (3) in cases of emergency where the Commission finds, in thenonbroadcast services, that it would not be feasible to secure renewal applications
from existing licensees or otherwise to follow normal licensing procedure, theCommission may grant construction permits and station licenses, or modifications
or renewals thereof, during an emergency so found by the Commission or during
the continuance of any such national emergency or war, in such manner and uponsuch terms and conditions as the Commission shall by regulation prescribe, andwithout the filing of a formal application, but no authorization so granted shallcontinue in effect beyond the period of emergency or war requiring it: Provided
further, That the Commission may issue by cable, telegraph, or radio a permit forthe operation of a station on a vessel of the United States at sea, effective in lieu ofa license until said vessel shall return to a port of the continental United States.
(b) All applications for station licenses, or modifications or renewals
thereof, shall set forth such facts as the Commission by regulation may prescribe as
to the citizenship, character, and financial, technical, and other qualifications of theapplicant to operate the station; the ownership and location of the proposed stationand of the stations, if any, with which it is proposed to communicate; thefrequencies and the power desired to be used; the hours of the day or other periodsof time during which it is proposed to operate the station; the purposes for which
the station is to be used; and such other information as it may require. The
Commission, at any time after the filing of such original application and during theterm of any such licenses, may require from an applicant or licensee further written
statements of fact to enable it to determine whether such original application
should be granted or denied or such license revoked. Such application and/or suchstatement of fact shall be signed by the applicant and/or licensee in any manner or146

Communications Act of 1934
form, including by electronic means, as the Commission may prescribe byregulation.
(c) The Commission in granting any license for a station intended or used
for commercial communication between the United States or any Territory or
possession, continental or insular, subject to the jurisdiction of the United States,
and any foreign country, may impose any terms, conditions, or restrictions
authorized to be imposed with respect to submarine-cable licenses by section 2 ofan Act entitled ''An Act relating to the landing and operation of submarine cables in
the United States,'' approved May 27, 1921.
(d) SUMMARY OF COMPLAINTS.--Each applicant for the renewal of acommercial or noncommercial television license shall attach as an exhibit to theapplication a summary of written comments and suggestions received from thepublic and maintained by the licensee (in accordance with Commission regulations)that comment on the applicant's programming, if any, and that are characterized by
the commentor as constituting violent programming.
SEC. 309. [47 U.S.C. 309] ACTION UPON APPLICATIONS; FORM OF
AND CONDITIONS ATTACHED TO LICENSES.
(a) Subject to the provisions of this section, the Commission shalldetermine, in the case of each application filed with it to which section 308 applies,
whether the public interest, convenience, and necessity will be served by the
granting of such application, and, if the Commission, upon examination of suchapplication and upon consideration of such other matters as the Commission may
officially notice, shall find that public interest, convenience, and necessity would beserved by the granting thereof, it shall grant such application.
(b) Except as provided in subsection (c) of this section, no suchapplication-(1) for an instrument of authorization in the case of a station in the
broadcasting or common carrier services, or(2) for an instrument of authorization in the case of a station in anyof the following categories:(A) industrial radio positioning stations for which
frequencies are assigned on an exclusive basis,(B) aeronautical en route stations,(C) aeronautical advisory stations,(D) airdrome control stations,(E) aeronautical fixed stations, and(F) such other stations or classes of stations, not in the
broadcasting or common carrier services, as the Commission shallby rule prescribe,shall be granted by the Commission earlier than thirty days following
issuance of public notice by the Commission of the acceptance for filing of such

147

Communications Act of 1934
application or of any substantial amendment thereof.
(c) Subsection (b) of this section shall not apply-(1) to any minor amendment of an application to which such
subsection is applicable, or(2) to any application for-(A) a minor change in the facilities of an authorized station,(B) consent to an involuntary assignment or transfer under
section 310(b) or to an assignment or transfer thereunder which
does not involve a substantial change in ownership or control,(C) a license under section 319(c) or, pending applicationfor or grant of such license, any special or temporary authorization
to permit interim operation to facilitate completion of authorized
construction or to provide substantially the same service as would
be authorized by such license,(D) extension of time to complete construction of
authorized facilities,(E) an authorization of facilities for remote pickups, studiolinks and similar facilities for use in the operation of a broadcast
station,(F) authorizations pursuant to section 325(c) where theprograms to be transmitted are special events not of a continuing
nature,(G) a special temporary authorization for nonbroadcast
operation not to exceed thirty days where no application for regular
operation is contemplated to be filed or not to exceed sixty days
pending the filing of an application for such regular operation, or(H) an authorization under any of the proviso clauses ofsection 308(a).
(d)(1) Any party in interest may file with the Commission a petition to deny
any application (whether as originally filed or as amended) to which subsection (b)of this section applies at any time prior to the day of Commission grant thereof
without hearing or the day of formal designation thereof for hearing; except thatwith respect to any classification of applications, the Commission from time totime by rule may specify a shorter period (no less than thirty days following theissuance of public notice by the Commission of the acceptance for filing of suchapplication or of any substantial amendment thereof), which shorter period shall bereasonably related to the time when the applications would normally be reached forprocessing. The petitioner shall serve a copy of such petition on the applicant. The
petition shall contain specific allegations of fact sufficient to show that thepetitioner is a party in interest and that a grant of the application would be prima
facie inconsistent with subsection (a) (or subsection (k) in the case of renewal ofany broadcast station license). Such allegations of fact shall, except for those of148

Communications Act of 1934
which official notice may be taken, be supported by affidavit of a person or
persons with personal knowledge thereof. The applicant shall be given theopportunity to file a reply in which allegations of fact or denials thereof shall
similarly be supported by affidavit.
(2) If the Commission finds on the basis of the application, the pleadings
filed, or other matters which it may officially notice that there are no substantial
and material questions of fact and that a grant of the application would beconsistent with subsection (a) (or subsection (k) in the case of renewal of any
broadcast station license), it shall make the grant, deny the petition, and issue a
concise statement of the reasons for denying the petition, which statement shalldispose of all substantial issues raised by the petition. If a substantial and material
question of fact is presented or if the Commission for any reason is unable to findthat grant of the application would be consistent with subsection (a) (or subsection(k) in the case of renewal of any broadcast station license), it shall proceed asprovided in subsection (e).
(e) If, in the case of any application to which subsection (a) of this section
applies, a substantial and material question of fact is presented or the Commission
for any reason is unable to make the finding specified in such subsection, it shallformally designate the application for hearing on the ground or reasons thenobtaining and shall forthwith notify the applicant and all other known parties ininterest of such action and the ground and reasons therefor, specifying withparticularity the matters and things in issue but not including issues or
requirements phrased generally. When the Commission has so designated an
application for hearing, the parties in interest, if any, who are not notified by theCommission of such action may acquire the status of a party to the proceeding
thereon by filing a petition for intervention showing the basis for their interest not
more than thirty days after publication of the hearing issues or any substantial
amendment thereto in the Federal Register. Any hearing subsequently held uponsuch application shall be a full hearing in which the applicant and all other parties
in interest shall be permitted to participate. The burden of proceeding with theintroduction of evidence and the burden of proof shall be upon the applicant,
except that with respect to any issue presented by a petition to deny or a petition
to enlarge the issues, such burdens shall be as determined by the Commission.
(f) When an application subject to subsection (b) has been filed, theCommission, notwithstanding the requirements of such subsection, may, if the
grant of such application is otherwise authorized by law and if it finds that there
are extraordinary circumstances requiring temporary operations in the public
interest and that delay in the institution of such temporary operations would
seriously prejudice the public interest, grant a temporary authorization,accompanied by a statement of its reasons therefor, to permit such temporary
operations for a period not exceeding 180 days, and upon making like findings may
extend such temporary authorization for additional periods not to exceed 180 days.

149Communications Act of 1934
When any such grant of a temporary authorization is made, the Commission shallgive expeditious treatment to any timely filed petition to deny such application andto any petition for rehearing of such grant filed under section 405.
(g) The Commission is authorized to adopt reasonable classifications ofapplications and amendments in order to effectuate the purposes of this section.
(h) Such station licenses as the Commission may grant shall be in suchgeneral form as it may prescribe, but each license shall contain, in addition to otherprovisions, a statement of the following conditions to which such license shall be
subject: (1) The station license shall not vest in the licensee any right to operate thestation nor any right in the use of the frequencies designated in the license beyond
the term thereof nor in any other manner than authorized therein; (2) neither the
license nor the right granted thereunder shall be assigned or otherwise transferredin violation of this Act; (3) every license issued under this Act shall be subject interms to the right of use or control conferred by section 706 of this Act.
(i) RANDOM SELECTION.-(1) GENERAL AUTHORITY.--If-(A) there is more than one application for any initial license
or construction permit which will involve a use of theelectromagnetic spectrum; and(B) the Commission has determined that the use is notdescribed in subsection (j)(2)(A);
then the Commission shall have the authority to grant such licenseor permit to a qualified applicant through the use of a system of random
selection.
(2) No license or construction permit shall be granted to an applicant
selected pursuant to paragraph (1) unless the Commission determines thequalifications of such applicant pursuant to subsection (a) and section 308(b).
When substantial and material questions of fact exist concerning suchqualifications, the Commission shall conduct a hearing in order to make suchdeterminations. For the purposes of making such determinations, the Commission
may, by rule, and notwithstanding any other provision of law-(A) adopt procedures for the submission of all or part of theevidence in written form;(B) delegate the function of presiding at the taking of written
evidence to Commission employees other than administrative law judges;
and(C) omit the determination required by subsection (a) with respect
to any application other than the one selected pursuant to paragraph (1).
(3)(A) The Commission shall establish rules and procedures toensure that, in the administration of any system of random selection under
this subsection used for granting licenses or construction permits for any
media of mass communications, significant preferences will be granted to150

Communications Act of 1934
applicants or groups of applicants, the grant to which of the license or
permit would increase the diversification of ownership of the media of masscommunications. To further diversify the ownership of the media of masscommunications, an additional significant preference shall be granted to any
applicant controlled by a member or members of minority group.
(B) The Commission shall have authority to require each qualified
applicant seeking a significant preference under subparagraph (A) to submit
to the Commission such information as may be necessary to enable theCommission to make a determination regarding whether such applicant
shall be granted such preference. Such information shall be submitted insuch form, at such times, and in accordance with such procedures, as theCommission may require.
(C) For purposes of this paragraph:(i) The term ''media of mass communication'' includes television, radio,
cable television, multipoint distribution service, direct broadcast satellite service,and other services, the licensed facilities of which may be substantially devoted
toward providing programming or other information services within the editorial
control of the licensee.
(ii) The term ''minority group'' includes Blacks, Hispanics, American
Indians, Alaska Natives, Asians, and Pacific Islanders.
(4)(A) The Commission shall, after notice and opportunity for hearing,prescribe rules establishing a system of random selection for use by theCommission under this subsection in any instance in which the Commission, in its
discretion, determines that such use is appropriate for the granting of any licenseor permit in accordance with paragraph (1).
(B) The Commission shall have authority to amend such rules from time totime to the extent necessary too carry out the provisions of this subsection. Anysuch amendment shall be made after notice and opportunity for hearing.
(C) Not later than 180 days after the date of enactment of thissubparagraph, the Commission shall prescribe such transfer disclosures andantitrafficking restrictions and payment schedules as are necessary to prevent theunjust enrichment of recipients of licenses or permits as a result of the methods
employed to issue licenses under this subsection.
(j) USE OF COMPETITIVE BIDDING.-(1) GENERAL AUTHORITY.--If mutually exclusive applications are
accepted for filing for any initial license or construction permit which will
involve a use of the electromagnetic spectrum described in paragraph (2),then the Commission shall have the authority, subject to paragraph (10), to
grant such license or permit to a qualified applicant through the use of asystem of competitive bidding that meets the requirements of thissubsection.
(2) USES TO WHICH BIDDING MAY APPLY.--A use of the151Communications Act of 1934
electromagnetic spectrum is described in this paragraph if the Commission
determines that-(A) the principal use of such spectrum will involve, or isreasonably likely to involve, the licensee receiving compensationfrom subscribers in return for which the licensee-(i) enables those subscribers to receive
communications signals that are transmitted utilizing
frequencies on which the licensee is licensed to operate; or(ii) enables those subscribers to transmit directly
communications signals utilizing frequencies on which thelicensee is licensed to operate; and(B) a system of competitive bidding will promote theobjectives described in paragraph (3).
(3) DESIGN OF SYSTEMS OF COMPETITIVE BIDDING.--For each classof licenses or permits that the Commission grants through the use of acompetitive bidding system, the Commission shall, by regulation, establish
a competitive bidding methodology. The Commission shall seek to design
and test multiple alternative methodologies under appropriate
circumstances. In identifying classes of licenses and permits to be issued bycompetitive bidding, in specifying eligibility and other characteristics ofsuch licenses and permits, and in designing the methodologies for use under
this subsection, the Commission shall include safeguards to protect the
public interest in the use of the spectrum and shall seek to promote thepurposes specified in section 1 of this Act and the following objectives:(A) the development and rapid deployment of newtechnologies, products, and services for the benefit of the public,
including those residing in rural areas, without administrative or
judicial delays;(B) promoting economic opportunity and competition andensuring that new and innovative technologies are readily accessible
to the American people by avoiding excessive concentration oflicenses and by disseminating licenses among a wide variety of
applicants, including small businesses, rural telephone companies,
and businesses owned by members of minority groups and women;(C) recovery for the public of a portion of the value of the
public spectrum resource made available for commercial use andavoidance of unjust enrichment through the methods employed toaward uses of that resource; and(D) efficient and intensive use of the electromagnetic
spectrum.
(4) CONTENTS OF REGULATIONS.--In prescribing regulations
pursuant to paragraph (3), the Commission shall--152

Communications Act of 1934(A) consider alternative payment schedules and methods ofcalculation, including lump sums or guaranteed installment
payments, with or without royalty payments, or other schedules or
methods that promote the objectives described in paragraph (3)(B),and combinations of such schedules and methods;(B) include performance requirements, such as appropriate
deadlines and penalties for performance failures, to ensure prompt
delivery of service to rural areas, to prevent stockpiling or
warehousing of spectrum by licensees or permittees, and topromote investment in and rapid deployment of new technologies
and services;(C) consistent with the public interest, convenience, andnecessity, the purposes of this Act, and the characteristics of the
proposed service, prescribe area designations and bandwidth
assignments that promote (i) an equitable distribution of licenses
and services among geographic areas, (ii) economic opportunity fora wide variety of applicants, including small businesses, rural
telephone companies, and businesses owned by members ofminority groups and women, and (iii) investment in and rapid
deployment of new technologies and services;(D) ensure that small businesses, rural telephone companies,
and businesses owned by members of minority groups and women
are given the opportunity to participate in the provision ofspectrum-based services, and, for such purposes, consider the useof tax certificates, bidding preferences, and other procedures; and(E) require such transfer disclosures and antitrafficking
restrictions and payment schedules as may be necessary to prevent
unjust enrichment as a result of the methods employed to issue
licenses and permits.
(5) BIDDER AND LICENSEE QUALIFICATION.--No person shall bepermitted to participate in a system of competitive bidding pursuant to thissubsection unless such bidder submits such information and assurances as
the Commission may require to demonstrate that such bidder's applicationis acceptable for filing. No license shall be granted to an applicant selectedpursuant to this subsection unless the Commission determines that theapplicant is qualified pursuant to subsection (a) and sections 308(b) and
310. Consistent with the objectives described in paragraph (3), theCommission shall, by regulation, prescribe expedited procedures consistent
with the procedures authorized by subsection (i)(2) for the resolution of
any substantial and material issues of fact concerning qualifications.
(6) RULES OF CONSTRUCTION.--Nothing in this subsection, or in theuse of competitive bidding, shall--153

Communications Act of 1934(A) alter spectrum allocation criteria and procedures
established by the other provisions of this Act;(B) limit or otherwise affect the requirements of subsection(h) of this section, section 301, 304, 307, 310, or 706, or any otherprovision of this Act (other than subsections (d)(2) and (e) of thissection);(C) diminish the authority of the Commission under theother provisions of this Act to regulate or reclaim spectrum
licenses;(D) be construed to convey any rights, including any
expectation of renewal of a license, that differ from the rights that
apply to other licenses within the same service that were not issued
pursuant to this subsection;(E) be construed to relieve the Commission of theobligation in the public interest to continue to use engineeringsolutions, negotiation, threshold qualifications, service regulations,and other means in order to avoid mutual exclusivity in applicationand licensing proceedings;(F) be construed to prohibit the Commission from issuingnationwide, regional, or local licenses or permits;(G) be construed to prevent the Commission from awarding
licenses to those persons who make significant contributions to thedevelopment of a new telecommunications service or technology;or(H) be construed to relieve any applicant for a license or
permit of the obligation to pay charges imposed pursuant to section
8 of this Act.
(7) CONSIDERATION OF REVENUES IN PUBLIC INTEREST
DETERMINATIONS.-(A) CONSIDERATION PROHIBITED.--In making a decision
pursuant to section 303(c) to assign a band of frequencies to a use
for which licenses or permits will be issued pursuant to thissubsection, and in prescribing regulations pursuant to paragraph(4)(C) of this subsection, the Commission may not base a finding of
public interest, convenience, and necessity on the expectation ofFederal revenues from the use of a system of competitive bidding
under this subsection.
(B) CONSIDERATION LIMITED.--In prescribing regulations
pursuant to paragraph (4)(A) of this subsection, the Commission
may not base a finding of public interest, convenience, and necessity
solely or predominantly on the expectation of Federal revenues
from the use of a system of competitive bidding under this154

Communications Act of 1934
subsection.
(C) CONSIDERATION OF DEMAND FOR SPECTRUM NOT
AFFECTED.--Nothing in this paragraph shall be construed to prevent
the Commission from continuing to consider consumer demand forspectrum-based services.
(8) TREATMENT OF REVENUES.-(A) GENERAL RULE.--Except as provided in subparagraph(B), all proceeds from the use of a competitive bidding system
under this subsection shall be deposited in the Treasury inaccordance with chapter 33 of title 31, United States Code.
(B) RETENTION OF REVENUES.--Notwithstanding
subparagraph (A), the salaries and expenses account of theCommission shall retain as an offsetting collection such sums as
may be necessary from such proceeds for the costs of developing
and implementing the program required by this subsection. Suchoffsetting collections shall be available for obligation subject to theterms and conditions of the receiving appropriations account, andshall be deposited in such accounts on a quarterly basis. Any funds
appropriated to the Commission for fiscal years 1994 through 1998
for the purpose of assigning licenses using random selection undersubsection (i) shall be used by the Commission to implement thissubsection. Such offsetting collections are authorized to remain
available until expended.
(C) DEPOSIT AND USE OF AUCTION ESCROW ACCOUNTS.-Any deposits the Commission may require for the qualification of
any person to bid in a system of competitive bidding pursuant tothis subsection shall be deposited in an interest bearing account at afinancial institution designated for purposes of this subsection by
the Commission (after consultation with the Secretary of theTreasury). Within 45 days following the conclusion of thecompetitive bidding-(i) the deposits of successful bidders shall be paid to
the Treasury;(ii) the deposits of unsuccessful bidders shall be
returned to such bidders; and(iii) the interest accrued to the account shall betransferred to the Telecommunications Development Fundestablished pursuant to section 714 of this Act.
(9) USE OF FORMER GOVERNMENT SPECTRUM.--The Commission
shall, not later than 5 years after the date of enactment of this subsection,issue licenses and permits pursuant to this subsection for the use of bandsof frequencies that--155

Communications Act of 1934(A) in the aggregate span not less than 10 megahertz; and(B) have been reassigned from Government use pursuant topart B of the National Telecommunications and Information
Administration Organization Act.
(10) AUTHORITY CONTINGENT ON AVAILABILITY OF ADDITIONAL
SPECTRUM.-(A) INITIAL CONDITIONS.--The Commission's authority toissue licenses or permits under this subsection shall not take effectunless-(i) the Secretary of Commerce has submitted to theCommission the report required by section 113(d)(1) of the
National Telecommunications and Information
Administration Organization Act;(ii) such report recommends for immediate
reallocation bands of frequencies that, in the aggregate, span
not less than 50 megahertz;(iii) such bands of frequencies meet the criteria
required by section 113(a) of such Act; and(iv) the Commission has completed the rulemaking
required by section 332(c)(1)(D) of this Act.
(B) SUBSEQUENT CONDITIONS.--The Commission's authority
to issue licenses or permits under this subsection on and after 2
years after the date of the enactment of this subsection shall cease
to be effective if-(i) the Secretary of Commerce has failed to submit
the report required by section 113(a) of the National
Telecommunications and Information Administration
Organization Act;(ii) the President has failed to withdraw and limit
assignments of frequencies as required by paragraphs (1)and (2) of section 114(a) of such Act;(iii) the Commission has failed to issue theregulations required by section 115(a) of such Act;(iv) the Commission has failed to complete andsubmit to Congress, not later than 18 months after the dateof enactment of this subsection, a study of current andfuture spectrum needs of State and local government public
safety agencies through the year 2010, and a specific plan toensure that adequate frequencies are made available topublic safety licensees; or(v) the Commission has failed under section
332(c)(3) to grant or deny within the time required by such

156

Communications Act of 1934
section any petition that a State has filed within 90 days
after the date of enactment of this subsection;
until such failure has been corrected.
(11) TERMINATION.--The authority of the Commission to grant alicense or permit under this subsection shall expire September 30, 1998.
(12) EVALUATION.--Not later than September 30, 1997, theCommission shall conduct a public inquiry and submit to the Congress areport-(A) containing a statement of the revenues obtained, and a
projection of the future revenues, from the use of competitive
bidding systems under this subsection;(B) describing the methodologies established by theCommission pursuant to paragraphs (3) and (4);(C) comparing the relative advantages and disadvantages ofsuch methodologies in terms of attaining the objectives described insuch paragraphs;(D) evaluating whether and to what extent-(i) competitive bidding significantly improved theefficiency and effectiveness of the process for granting radio
spectrum licenses;(ii) competitive bidding facilitated the introductionof new spectrum-based technologies and the entry of newcompanies into the telecommunications market;(iii) competitive bidding methodologies have secured
prompt delivery of service to rural areas and haveadequately addressed the needs of rural spectrum users; and(iv) small businesses, rural telephone companies, andbusinesses owned by members of minority groups andwomen were able to participate successfully in thecompetitive bidding process; and(E) recommending any statutory changes that are needed to
improve the competitive bidding process.
(13) RECOVERY OF VALUE OF PUBLIC SPECTRUM IN CONNECTION
WITH PIONEER PREFERENCES.-(A) IN GENERAL.--Notwithstanding paragraph (6)(G), theCommission shall not award licenses pursuant to a preferential
treatment accorded by the Commission to persons who makesignificant contributions to the development of a newtelecommunications service or technology, except in accordancewith the requirements of this paragraph.
(B) RECOVERY OF VALUE.--The Commission shall recoverfor the public a portion of the value of the public spectrum resource

157

Communications Act of 1934
made available to such person by requiring such person, as acondition for receipt of the license, to agree to pay a sum
determined by-(i) identifying the winning bids for the licenses that
the Commission determines are most reasonably comparable
in terms of bandwidth, scope of service area, usage
restrictions, and other technical characteristics to the license
awarded to such person, and excluding licenses that theCommission determines are subject to bidding anomalies
due to the award of preferential treatment;(ii) dividing each such winning bid by the populationof its service area (hereinafter referred to as the per capita
bid amount);(iii) computing the average of the per capita bid
amounts for the licenses identified under clause (i);(iv) reducing such average amount by 15 percent;and(v) multiplying the amount determined under clause(iv) by the population of the service area of the license
obtained by such person.
(C) INSTALLMENTS PERMITTED.--The Commission shallrequire such person to pay the sum required by subparagraph (B) ina lump sum or in guaranteed installment payments, with or without
royalty payments, over a period of not more than 5 years.
(D) RULEMAKING ON PIONEER PREFERENCES.--Except withrespect to pending applications described in clause (iv) of thissubparagraph, the Commission shall prescribe regulations
specifying the procedures and criteria by which the Commission will
evaluate applications for preferential treatment in its licensing
processes (by precluding the filing of mutually exclusive
applications) for persons who make significant contributions to thedevelopment of a new service or to the development of newtechnologies that substantially enhance an existing service. Suchregulations shall-(i) specify the procedures and criteria by which thesignificance of such contributions will be determined, afteran opportunity for review and verification by experts in theradio sciences drawn from among persons who are not
employees of the Commission or by any applicant for suchpreferential treatment;(ii) include such other procedures as may benecessary to prevent unjust enrichment by ensuring that the158Communications Act of 1934
value of any such contribution justifies any reduction in theamounts paid for comparable licenses under this subsection;(iii) be prescribed not later than 6 months after thedate of enactment of this paragraph;(iv) not apply to applications that have been
accepted for filing on or before September 1, 1994; and(v) cease to be effective on the date of the expirationof the Commission's authority under subparagraph (F).
(E) IMPLEMENTATION WITH RESPECT TO PENDING
APPLICATIONS.--In applying this paragraph to any broadband
licenses in the personal communications service awarded pursuant
to the preferential treatment accorded by the Federal
Communications Commission in the Third Report and Order inGeneral Docket 90-314 (FCC 93-550, released February 3, 1994)-(i) the Commission shall not reconsider the award ofpreferences in such Third Report and Order, and theCommission shall not delay the grant of licenses based onsuch awards more than 15 days following the date ofenactment of this paragraph, and the award of suchpreferences and licenses shall not be subject toadministrative or judicial review;(ii) the Commission shall not alter the bandwidth orservice areas designated for such licenses in such Third
Report and Order;(iii) except as provided in clause (v), theCommission shall use, as the most reasonably comparable
licenses for purposes of subparagraph (B)(i), the broadband
licenses in the personal communications service for blocks
A and B for the 20 largest markets (ranked by population)in which no applicant has obtained preferential treatment;(iv) for purposes of subparagraph (C), theCommission shall permit guaranteed installment payments
over a period of 5 years, subject to-(I) the payment only of interest on unpaidbalances during the first 2 years, commencing notlater than 30 days after the award of the license(including any preferential treatment used in making
such award) is final and no longer subject toadministrative or judicial review, except that no suchpayment shall be required prior to the date ofcompletion of the auction of the comparable licenses
described in clause (iii); and159

Communications Act of 1934
(II) payment of the unpaid balance andinterest thereon after the end of such 2 years inaccordance with the regulations prescribed by theCommission; and(v) the Commission shall recover with respect tobroadband licenses in the personal communications service
an amount under this paragraph that is equal to not less than$400,000,000, and if such amount is less than$400,000,000, the Commission shall recover an amountequal to $400,000,000 by allocating such amount among theholders of such licenses based on the population of thelicense areas held by each licensee.
The Commission shall not include in any amounts required to becollected under clause (v) the interest on unpaid balances required
to be collected under clause (iv).
(F) EXPIRATION.--The authority of the Commission toprovide preferential treatment in licensing procedures (byprecluding the filing of mutually exclusive applications) to persons
who make significant contributions to the development of a newservice or to the development of new technologies that substantiallyenhance an existing service shall expire on September 30, 1998.
(G) EFFECTIVE DATE.--This paragraph shall be effective on
the date of its enactment and apply to any licenses issued on or after
August 1, 1994, by the Federal Communications Commission
pursuant to any licensing procedure that provides preferential
treatment (by precluding the filing of mutually exclusive
applications) to persons who make significant contributions to thedevelopment of a new service or to the development of newtechnologies that substantially enhance an existing service.
(k) BROADCAST STATION RENEWAL PROCEDURES.-(1) STANDARDS FOR RENEWAL.--If the licensee of a broadcast
station submits an application to the Commission for renewal of suchlicense, the Commission shall grant the application if it finds, with respect
to that station, during the preceding term of its license-(A) the station has served the public interest, convenience,and necessity;(B) there have been no serious violations by the licensee of
this Act or the rules and regulations of the Commission; and(C) there have been no other violations by the licensee of
this Act or the rules and regulations of the Commission which,taken together, would constitute a pattern of abuse.
(2) CONSEQUENCE OF FAILURE TO MEET STANDARD.--If any licensee

160

Communications Act of 1934
of a broadcast station fails to meet the requirements of this subsection, theCommission may deny the application for renewal in accordance withparagraph (3), or grant such application on terms and conditions as areappropriate, including renewal for a term less than the maximum otherwise
permitted.
(3) STANDARDS FOR DENIAL.--If the Commission determines, after
notice and opportunity for a hearing as provided in subsection (e), that alicensee has failed to meet the requirements specified in paragraph (1) andthat no mitigating factors justify the imposition of lesser sanctions, theCommission shall-(A) issue an order denying the renewal application filed bysuch licensee under section 308; and(B) only thereafter accept and consider such applications fora construction permit as may be filed under section 308 specifying
the channel or broadcasting facilities of the former licensee.
(4) COMPETITOR CONSIDERATION PROHIBITED.--In making thedeterminations specified in paragraph (1) or (2), the Commission shall notconsider whether the public interest, convenience, and necessity might beserved by the grant of a license to a person other than the renewal
applicant.
SEC. 310. [47 U.S.C. 310] LIMITATION ON HOLDING AND TRANSFER
OF LICENSES.
(a) The station license required under this Act shall not be granted to orheld by any foreign government or the representative thereof.
(b) No broadcast or common carrier or aeronautical en route or
aeronautical fixed radio station license shall be granted to or held by-(1) any alien or the representative of any alien;(2) any corporation organized under the laws of any foreign
government;(3) any corporation of which more than one-fifth of the capitalstock is owned of record or voted by aliens or their representatives or by aforeign government or representative thereof or by any corporation
organized under the laws of a foreign country;(4) any corporation directly or indirectly controlled by any othercorporation of which more than one-fourth of the capital stock is owned ofrecord or voted by aliens, their representatives, or by a foreign governmentor representative thereof, or by any corporation organized under the lawsof a foreign country, if the Commission finds that the public interest will beserved by the refusal or revocation of such license.
(c) In addition to amateur station licenses which the Commission may issue
to aliens pursuant to this Act, the Commission may issue authorizations, under161

Communications Act of 1934
such conditions and terms as it may prescribe, to permit an alien licensed by his
government as an amateur radio operator to operate his amateur radio station
licensed by his government in the United States, its possessions, and theCommonwealth of Puerto Rico provided there is in effect a multilateral or bilateralagreement, to which the United States and the alien's government are parties, forsuch operation on a reciprocal basis by United States amateur radio operators.
Other provisions of this Act and of the Administrative Procedure Act shall not beapplicable to any request or application for or modification, suspension, or
cancellation of any such authorization.
(d) No construction permit or station license, or any rights thereunder, shallbe transferred, assigned, or disposed of in any manner, voluntarily or involuntarily,
directly or indirectly, or by transfer of control of any corporation holding suchpermit or license, to any person except upon application to the Commission andupon finding by the Commission that the public interest, convenience, andnecessity will be served thereby. Any such application shall be disposed of as if the
proposed transferee or assignee were making application under section 308 for thepermit or license in question; but in acting thereon the Commission may notconsider whether the public interest, convenience, and necessity might be servedby the transfer, assignment, or disposal of the permit or license to a person otherthan the proposed transferee or assignee.
(e)(1) In the case of any broadcast station, and any ownership interest
therein, which is excluded from the regional concentration rules by reason of thesavings provision for existing facilities provided by the First Report and Order
adopted March 9, 1977 (docket No. 20548; 42 Fed. Reg. 16145), the exclusion
shall not terminate solely by reason of changes made in the technical facilities ofthe station to improve its service.
(2) For purposes of this subsection, the term ''regional concentration rules''means the provisions of sections 73.35, 73.240, and 73.636 of title 47, Code ofFederal Regulations (as in effect June 1, 1983), which prohibit any party fromdirectly or indirectly owning, operating, or controlling three broadcast stations in
one or several services where any two of such stations are within 100 miles of thethird (measured city-to-city), and where there is a primary service contour overlapof any of the stations.
SEC. 311. [47 U.S.C. 311] SPECIAL REQUIREMENTS WITH RESPECTTO CERTAIN APPLICATIONS IN THE BROADCASTING SERVICE.
(a) When there is filed with the Commission any application to which
section 309(b)(1) applies, for an instrument of authorization for a station in the
broadcasting service, the applicant-(1) shall give notice of such filing in the principal area which isserved or is to be served by the station; and(2) if the application is formally designated for hearing in

162Communications Act of 1934
accordance with section 309, shall give notice of such hearing in such area
at least ten days before commencement of such hearing.
The Commission shall by rule prescribe the form and content of the notices to begiven in compliance with this subsection, and the manner and frequency with whichsuch notices shall be given.
(b) Hearings referred to in subsection (a) may be held at such places as theCommission shall determine to be appropriate, and in making such determinationin any case the Commission shall consider whether the public interest,
convenience, or necessity will be served by conducting the hearing at a place in, orin the vicinity of, the principal area to be served by the station involved.
(c)(1) If there are pending before the Commission two or more applications
for a permit for construction of a broadcasting station, only one of which can be
granted, it shall be unlawful, without approval of the Commission, for theapplicants or any of them to effectuate an agreement whereby one or more of suchapplicants withdraws his or their application or applications.
(2) The request for Commission approval in any such case shall be made inwriting jointly by all the parties to the agreement. Such request shall contain or beaccompanied by full information with respect to the agreement, set forth in suchdetail, form, and manner as the Commission shall by rule require.
(3) The Commission shall approve the agreement only if it determines that(A) the agreement is consistent with the public interest, convenience, or necessity;and (B) no party to the agreement filed its application for the purpose of reachingor carrying out such agreement.
(4) For the purposes of this subsection an application shall be deemed to be''pending'' before the Commission from the time such application is filed with theCommission until an order of the Commission granting or denying it is no longer
subject to rehearing by the Commission or to review by any court.
(d)(1) If there are pending before the Commission an application for the
renewal of a license granted for the operation of a broadcasting station and one ormore applications for a construction permit relating to such station, only one ofwhich can be granted, it shall be unlawful, without approval of the Commission,for the applicants or any of them to effectuate an agreement whereby one or moreof such applicants withdraws his or their application or applications in exchange
for the payment of money, or the transfer of assets or any other thing of value by
the remaining applicant or applicants.
(2) The request for Commission approval in any such case shall be made inwriting jointly by all the parties to the agreement. Such request shall contain or beaccompanied by full information with respect to the agreement, set forth in suchdetail, form, and manner as the Commission shall require.
(3) The Commission shall approve the agreement only if it determines that(A) the agreement is consistent with the public interest, convenience, or necessity;and (B) no party to the agreement filed its application for the purpose of reaching163

Communications Act of 1934or carrying our such agreement.
(4) For purposes of this subsection, an application shall be deemed to bepending before the Commission from the time such application is filed with theCommission until an order of the Commission granting or denying it is no longer
subject to rehearing by the Commission or to review by any court.
SEC. 312. [47 U.S.C. 312] ADMINISTRATIVE SANCTIONS.
(a) The Commission may revoke any station license or construction permit(1) for false statements knowingly made either in the application orin any statement of fact which may be required pursuant to section 308;
(2) because of conditions coming to the attention of theCommission which would warrant it in refusing to grant a license or permit
on an original application;(3) for willful or repeated failure to operate substantially as set forthin the license;(4) for willful or repeated violation of, or willful or repeated failure
to observe any provision of this Act or any rule or regulation of theCommission authorized by this Act or by a treaty ratified by the UnitedStates;(5) for violation of or failure to observe any final cease and desist
order issued by the Commission under this section;(6) for violation of section 1304, 1343, or 1464 of title 18 of theUnited States Code; or(7) for willful or repeated failure to allow reasonable access to or topermit purchase of reasonable amounts of time for the use of abroadcasting station by a legally qualified candidate for Federal elective
office on behalf of his candidacy.
(b) Where any person (1) has failed to operate substantially as set forth in alicense, (2) has violated or failed to observe any of the provisions of this Act, or
section 1304, 1343, or 1464 of title 18 of the United States Code, or (3) has
violated or failed to observe any rule or regulation of the Commission authorized
by this Act or by a treaty ratified by the United States, the Commission may ordersuch person to cease and desist from such action.
(c) Before revoking a license or permit pursuant to subsection (a), or
issuing a cease and desist order pursuant to subsection (b), the Commission shallserve upon the licensee, permittee, or person involved an order to show cause whyan order of revocation or a cease and desist order should not be issued. Any suchorder to show cause shall contain a statement of the matters with respect to which
the Commission is inquiring and shall call upon said licensee, permittee, or person
to appear before the Commission at a time and place stated in the order, but in no
event less than thirty days after the receipt of such order, and give evidence upon164

Communications Act of 1934
the matter specified therein; except that where safety of life or property is
involved, the Commission may provide in the order for a shorter period. If after
hearing, or a waiver thereof, the Commission determines that an order of
revocation or a cease and desist order should issue, it shall issue such order, whichshall include a statement of the findings of the Commission and the grounds andreasons therefor and specify the effective date of the order, and shall cause thesame to be served on said licensee, permittee, or person.
(d) In any case where a hearing is conducted pursuant to the provisions of
this section, both the burden of proceeding with the introduction of evidence andthe burden of proof shall be upon the Commission.
(e) The provisions of section 9(b) [5 U.S.C. 558(c)(1) and (2)] of the
Administrative Procedure Act which apply with respect to the institution of any
proceeding for the revocation of a license or permit shall apply also with respect tothe institution, under this section, of any proceeding for the issuance of a cease anddesist order.
(f) For purposes of this section:(1) The term ''willful'', when used with reference to the commission
or omission of any act, means the conscious and deliberate commission oromission of such act, irrespective of any intent to violate any provision ofthis Act or any rule or regulation of the Commission authorized by this Act
or by a treaty ratified by the United States.
(2) The term ''repeated'', when used with reference to thecommission or omission of any act, means the commission or omission ofsuch act more than once or, if such commission or omission is continuous,for more than one day.
(g) If a broadcasting station fails to transmit broadcast signals for any
consecutive 12-month period, then the station license granted for the operation ofthat broadcast station expires at the end of that period, notwithstanding any
provision, term, or condition of the license to the contrary.
SEC. 313. [47 U.S.C. 313] APPLICATION OF ANTITRUST LAWS;
REFUSAL OF LICENSES AND PERMITS IN CERTAIN CASES.
(a) All laws of the United States relating to unlawful restraints andmonopolies and to combinations, contracts or agreements in restraint of trade are
hereby declared to be applicable to the manufacture and sale of and to trade inradio apparatus and devices entering into or affecting interstate or foreigncommerce and to interstate or foreign radio communications. Whenever in any
suit, action, or proceeding, civil or criminal, brought under the provisions of any ofsaid laws or in any proceedings brought to enforce or to review findings andorders of the Federal Trade Commission or other governmental agency in respectof any matters as to which said Commission or other governmental agency is by
law authorized to act, any licensee shall be found guilty of the violation of the165Communications Act of 1934
provisions of such laws or any of them, the court, in addition to the penalties
imposed by said laws, may adjudge, order, and/or decree that the license of suchlicensee shall, as of the date the decree or judgment becomes finally effective or asof such date as the said decree shall fix, be revoked and that all rights under suchlicense shall thereupon cease: Provided, however, That such licensee shall have thesame right of appeal or review, as is provided by law in respect of other decrees
and judgments of said court.
(b) The Commission is hereby directed to refuse a station license and/or thepermit hereinafter required for the construction of a station to any person (or toany person directly or indirectly controlled by such person) whose license has been
revoked by a court under this section.
SEC. 314. [47 U.S.C. 314] PRESERVATION OF COMPETITION IN
COMMERCE.
After the effective date of this Act no person engaged directly, or indirectly
through any person directly or indirectly controlling or controlled by, or under
direct or indirect common control with, such person, or through an agent, orotherwise, in the business of transmitting and/or receiving for hire energy,
communications, or signals by radio in accordance with the terms of the license
issued under this Act, shall by purchase, lease, construction, or otherwise, directly
or indirectly, acquire, own, control, or operate any cable or wire telegraph or
telephone line or system between any place in any State, Territory, or possessionof the United States or in the District of Columbia, and any place in any foreigncountry, or shall acquire, own, or control any part of the stock or other capitalshare or any interest in the physical property and/or other assets of any such cable,wire, telegraph, or telephone line or system, if in either case the purpose is and/or
the effect thereof may be to substantially lessen competition or to restrain
commerce between any place in any State, Territory, or possession of the UnitedStates, or in the District of Columbia, and any place in any foreign country, or
unlawfully to create monopoly in any line of commerce; nor shall any person
engaged directly, or indirectly through any person directly or indirectly controllingor controlled by, or under direct or indirect common control with, such person, or
through an agent, or otherwise, in the business of transmitting and/or receiving forhire messages by any cable, wire, telegraph, or telephone line or system (a)between any place in any State, Territory, or possession of the United States, or in
the District of Columbia, and any place in any other State, Territory, or possessionof the United States; or (b) between any place in any State, Territory, or
possession of the United States, or in the District of Columbia, and any place inany foreign country, by purchase, lease, construction, or otherwise, directly or
indirectly acquire, own, control, or operate any station or the apparatus therein, or
any system for transmitting and/or receiving radio communications or signals
between any place in any State, Territory, or possession of the United States, or in

166

Communications Act of 1934
the District of Columbia, and any place in any foreign country, or shall acquire,own, or control any part of the stock or other capital share of any interest in thephysical property and/or other assets of any such radio station, apparatus, or
system, if in either case, the purpose is and/or the effect thereof may be to
substantially lessen competition or to restrain commerce between any place in any
State, Territory, or possession of the United States, or in the District of Columbia,
and any place in any foreign country, or unlawfully to create monopoly in any lineof commerce.
SEC. 315. [47 U.S.C. 315] FACILITIES FOR CANDIDATES FOR PUBLIC
OFFICE.
(a) If any licensee shall permit any person who is a legally qualified
candidate for any public office to use a broadcasting station, he shall afford equal
opportunities to all other such candidates for that office in the use of suchbroadcasting station: Provided, That such licensee shall have no power ofcensorship over the material broadcast under the provision of this section. No
obligation is hereby imposed under this subsection upon any licensee to allow theuse of its station by any such candidate. Appearance by a legally qualified
candidate on any-(1) bona fide newscast,(2) bona fide news interview,(3) bona fide news documentary (if the appearance of the candidate
is incidental to the presentation of the subject or subjects covered by thenews documentary), or(4) on-the-spot coverage of bona fide news events (including but
not limited to political conventions and activities incidental thereto),
shall not be deemed to be use of a broadcasting station within the meaningof this subsection. Nothing in the foregoing sentence shall be construed as relieving
broadcasters, in connection with the presentation of newscasts, news interviews,
news documentaries, and on-the-spot coverage of news events, from the obligation
imposed upon them under this Act to operate in the public interest and to afford
reasonable opportunity for the discussion of conflicting views on issues of public
importance.
(b) The charges made for the use of any broadcasting station by any person
who is a legally qualified candidate for any public office in connection with his
campaign for nomination for election, or election, to such office shall not exceed-(1) during the forty-five days preceding the date of a primary or
primary runoff election and during the sixty days preceding the date of ageneral or special election in which such person is a candidate, the lowest
unit charge of the station for the same class and amount of time for thesame period; and(2) at any other time, the charges made for comparable use of such

167

Communications Act of 1934
station by other users thereof.
(c) For purposes of this section-(1) the term ''broadcasting station'' includes a community antenna
television system; and(2) the term ''licensee'' and ''station licensee'' when used with respect
to a community antenna television system mean the operator of such
system.
(d) The Commission shall prescribe appropriate rules and regulations tocarry out the provisions of this section.
SEC. 316. [47 U.S.C. 316] MODIFICATION BY COMMISSION OF
CONSTRUCTION PERMITS OR LICENSES.
(a)(1) Any station license or construction permit may be modified by theCommission either for a limited time or for the duration of the term thereof, if in
the judgment of the Commission such action will promote the public interest,
convenience, and necessity, or the provisions of this Act or of any treaty ratified by
the United States will be more fully complied with. No such order of modification
shall become final until the holder of the license or permit shall have been notified
in writing of the proposed action and the grounds and reasons therefor, and shallbe given reasonable opportunity, of at least thirty days, to protest such proposedorder of modification; except that, where safety of life or property is involved, theCommission may by order provide, for a shorter period of notice.
(2) Any other licensee or permittee who believes its license or permit
would be modified by the proposed action may also protest the proposed action
before its effective date.
(3) A protest filed pursuant to this subsection shall be subject to therequirements of section 309 for petitions to deny.
(b) In any case where a hearing is conducted pursuant to the provisions of
this section, both the burden of proceeding with the introduction of evidence andthe burden of proof shall be upon the Commission; except that, with respect to any
issue that addresses the question of whether the proposed action would modify thelicense or permit of a person described in subsection (a)(2), such burdens shall be
as determined by the Commission.
SEC. 317. [47 U.S.C. 317] ANNOUNCEMENT WITH RESPECT TO
CERTAIN MATTER BROADCAST.
(a)(1) All matter broadcast by any radio station for which any money,
service or other valuable consideration is directly or indirectly paid, or promised toor charged or accepted by, the station so broadcasting, from any person, shall, at
the time the same is so broadcast, be announced as paid for or furnished, as thecase may be, by such person: Provided, That ''service or other valuable
consideration'' shall not include any service or property furnished without charge

168

Communications Act of 1934or at a nominal charge for use on, or in connection with, a broadcast unless it is so
furnished in consideration for an identification in a broadcast of any person,
product, service, trademark, or brand name beyond an identification which isreasonably related to the use of such service or property on the broadcast.
(2) Nothing in this section shall preclude the Commission from requiringthat an appropriate announcement shall be made at the time of the broadcast in thecase of any political program or any program involving the discussion of any
controversial issue for which any films, records, transcriptions, talent, scripts, orother material or service of any kind have been furnished, without charge or at anominal charge, directly or indirectly, as an inducement to the broadcast of suchprogram.
(b) In any case where a report has been made to a radio station, as requiredby section 507 of this Act, of circumstances which would have required anannouncement under this section had the consideration been received by such radio
station, an appropriate announcement shall be made by such radio station.
(c) The licensee of each radio station shall exercise reasonable diligence toobtain from its employees, and from other persons with whom it deals directly inconnection with any program or program matter for broadcast, information to
enable such licensee to make the announcement required by this section.
(d) The Commission may waive the requirement of an announcement asprovided in this section in any case or class of cases with respect to which it
determines that the public interest, convenience, or necessity does not require thebroadcasting of such announcement.
(e) The Commission shall prescribe appropriate rules and regulations tocarry out the provisions of this section.
SEC. 318. [47 U.S.C. 318] OPERATION OF TRANSMITTINGAPPARATUS.
The actual operation of all transmitting apparatus in any radio station forwhich a station license is required by this Act shall be carried on only by a person
holding an operator's license issued hereunder, and no person shall operate any
such apparatus in such station except under and in accordance with an operator's
license issued to him by the Commission: Provided, however, That theCommission if it shall find that the public interest, convenience, or necessity will beserved thereby may waive or modify the foregoing provisions of this section forthe operation of any station except (1) stations for which licensed operators are
required by international agreement, (2) stations for which licensed operators are
required for safety purposes, and (3) stations operated as common carriers onfrequencies below thirty thousand kilocycles: Provided further, That theCommission shall have power to make special regulations governing the grantingof licenses for the use of automatic radio devices and for the operation of suchdevices.

169

Communications Act of 1934

SEC. 319. [47 U.S.C. 319] CONSTRUCTION PERMITS.
(a) No license shall be issued under the authority of this Act for theoperation of any station unless a permit for its construction has been granted by
the Commission. The application for a construction permit shall set forth such facts
as the Commission by regulation may prescribe as to the citizenship, character, andthe financial, technical, and other ability of the applicant to construct and operate
the station, the ownership and location of the proposed station and of the station
or stations with which it is proposed to communicate, the frequencies desired to be
used, the hours of the day or other periods of time during which it is proposed tooperate the station, the purpose for which the station is to be used, the type oftransmitting apparatus to be used, the power to be used, the date upon which thestation is expected to be completed and in operation, and such other information as
the Commission may require. Such application shall be signed by the applicant inany manner or form, including by electronic means, as the Commission may
prescribe by regulation.
(b) Such permit for construction shall show specifically the earliest andlatest dates between which the actual operation of such station is expected to
begin, and shall provide that said permit will be automatically forfeited if thestation is not ready for operation within the time specified or within such further
time as the Commission may allow, unless prevented by causes not under thecontrol of the grantee.
(c) Upon the completion of any station for the construction or continued
construction of which a permit has been granted, and upon it being made to appear
to the Commission that all the terms, conditions, and obligations set forth in theapplication and permit have been fully met, and that no cause or circumstancearising or first coming to the knowledge of the Commission since the granting of
the permit would, in the judgment of the Commission, make the operation of suchstation against the public interest, the Commission shall issue a license to thelawful holder of said permit for the operation of said station. Said license shallconform generally to the terms of said permit. The provisions of section 309 (a),(b), (c), (d), (e), (f), and (g) shall not apply with respect any station license theissuance of which is provided for and governed by the provisions of thissubsection.
(d) A permit for construction shall not be required for Government
stations, amateur stations, or mobile stations. A permit for construction shall not
be required for public coast stations, privately owned fixed microwave stations, or
stations licensed to common carriers, unless the Commission determines that the
public interest, convenience, and necessity would be served by requiring suchpermits for any such stations. With respect to any broadcasting station, theCommission shall not have any authority to waive the requirement of a permit for
construction, except that the Commission may by regulation determine that a170

Communications Act of 1934
permit shall not be required for minor changes in the facilities of authorized
broadcast stations. With respect to any other station or class of stations, theCommission shall not waive the requirement for a construction permit unless theCommission determines that the public interest, convenience, and necessity would
be served by such a waiver.
SEC. 320. [47 U.S.C. 320] DESIGNATION OF STATIONS LIABLE TO
INTERFERE WITH DISTRESS SIGNALS.
The Commission is authorized to designate from time to time radio stations
the communications or signals of which, in its opinion, are liable to interfere withthe transmission or reception of distress signals of ships. Such stations are required
to keep a licensed radio operator listening in on the frequencies designated forsignals of distress and radio communications relating thereto during the entire
period the transmitter of such station is in operation.
SEC. 321. [47 U.S.C. 321] DISTRESS SIGNALS ANDCOMMUNICATIONS.
(a) The transmitting set in a radio station on shipboard may be adjusted insuch a manner as to produce a maximum of radiation, irrespective of the amount ofinterference which may thus be caused, when such station is sending radio
communications or signals of distress and radio communications relating thereto.
(b) All radio stations, including Government stations and stations on board
foreign vessels when within the territorial waters of the United States, shall give
absolute priority to radio communications or signals relating to ships in distress;
shall cease all sending on frequencies which will interfere with hearing a radio
communication or signal of distress, and, except when engaged in answering or
aiding the ship in distress, shall refrain from sending any radio communications or
signals until there is assurance that no interference will be caused with the radio
communications or signals relating thereto, and shall assist the vessel in distress, so
far as possible, by complying with its instructions.
SEC. 322. [47 U.S.C. 322] INTERCOMMUNICATION IN MOBILESERVICE.
Every land station open to general public service between the coast andvessels or aircraft at sea shall, within the scope of its normal operations, be boundto exchange radio communications or signals with any ship or aircraft station atsea; and each station on shipboard or aircraft at sea shall, within the scope of its
normal operations, be bound to exchange radio communications or signals withany other station on shipboard or aircraft at sea or with any land station open to
general public service between the coast and vessels or aircraft at sea: Provided,
That such exchange of radio communication shall be without distinction as to radio
systems or instruments adopted by each station.

171

Communications Act of 1934
SEC. 323. [47 U.S.C. 323] INTERFERENCE BETWEEN GOVERNMENT
AND COMMERCIAL STATIONS.
(a) At all places where Government and private or commercial radio
stations on land operate in such close proximity that interference with the work of
Government stations cannot be avoided when they are operating simultaneously,
such private or commercial stations as do interfere with the transmission or
reception of radio communications or signals by the Government stations
concerned shall not use their transmitters during the first fifteen minutes of eachhour, local standard time.
(b) The Government stations for which the above-mentioned division oftime is established shall transmit radio communications or signals only during thefirst fifteen minutes of each hour, local standard time, except in case of signals orradio communications relating to vessels in distress and vessel requests for
information as to course, location, or compass direction.
SEC. 324. [47 U.S.C. 324] USE OF MINIMUM POWER.
In all circumstances, except in case of radio communications or signals
relating to vessels in distress, all radio stations, including those owned andoperated by the United States, shall use the minimum amount of power necessary
to carry out the communication desired.
SEC. 325. [47 U.S.C. 325] FALSE DISTRESS SIGNALS;
REBROADCASTING; STUDIOS OF FOREIGN STATIONS.
(a) No person within the jursidiction of the United States shall knowingly
utter or transmit, or cause to be uttered or transmitted, any false or fraudulent
signals of distress, or communication relating thereto, nor shall any broadcastingstation rebroadcast the program or any part thereof of another broadcasting station
without the express authority of the originating station.
(b)(1) Following the date that is one year after the date of enactment of theCable Television Consumer Protection and Competition Act of 1992, no cablesystem or other multichannel video programming distributor shall retransmit thesignal of a broadcasting station, or any part thereof, except-(A) with the express authority of the originating station; or(B) pursuant to section 614, in the case of a station electing, in
accordance with this subsection, to assert the right to carriage under suchsection.
(2) The provisions of this subsection shall not apply to-(A) retransmission of the signal of a noncommercial broadcastingstation;(B) retransmission directly to a home satellite antenna of the signalof a broadcasting station that is not owned or operated by, or affiliatedwith, a broadcasting network, if such signal was retransmitted by a satellite

172

Communications Act of 1934
carrier on May 1, 1991;(C) retransmission of the signal of a broadcasting station that is
owned or operated by, or affiliated with, a broadcasting network directly toa home satellite antenna, if the household receiving the signal is an
unserved household; or(D) retransmission by a cable operator or other multichannel video
programming distributor of the signal of a superstation if such signal was
obtained from a satellite carrier and the originating station was asuperstation on May 1, 1991.
For purposes of this paragraph, the terms ''satellite carrier'', ''superstation'', and''unserved household'' have the meanings given those terms, respectively, in section
119(d) of title 17, United States Code, as in effect on the date of enactment of theCable Television Consumer Protection and Competition Act of 1992.
(3)(A) Within 45 days after the date of enactment of the Cable Television
Consumer Protection and Competition Act of 1992, the Commission shallcommence a rulemaking proceeding to establish regulations to govern the exercise
by television broadcast stations of the right to grant retransmission consent under
this subsection and of the right to signal carriage under section 614, and such otherregulations as are necessary to administer the limitations contained in paragraph(2). The Commission shall consider in such proceeding the impact that the grant ofretransmission consent by television stations may have on the rates for the basic
service tier and shall ensure that the regulations prescribed under this subsection
do not conflict with the Commission's obligation under section 623(b)(1) to ensurethat the rates for the basic service tier are reasonable. Such rulemaking proceeding
shall be completed within 180 days after the date of enactment of the Cable
Television Consumer Protection and Competition Act of 1992.
(B) The regulations required by subparagraph (A) shall require thattelevision stations, within one year after the date of enactment of the Cable
Television Consumer Protection and Competition Act of 1992 and every three
years thereafter, make an election between the right to grant retransmission
consent under this subsection and the right to signal carriage under section 614. If
there is more than one cable system which services the same geographic area, astation's election shall apply to all such cable systems.
(4) If an originating television station elects under paragraph (3)(B) to
exercise its right to grant retransmission consent under this subsection with respect
to a cable system, the provisions of section 614 shall not apply to the carriage ofthe signal of such station by such cable system.
(5) The exercise by a television broadcast station of the right to grant
retransmission consent under this subsection shall not interfere with or supersede
the rights under section 614 or 615 of any station electing to assert the right tosignal carriage under that section.
(6) Nothing in this section shall be construed as modifying the compulsory

173

Communications Act of 1934
copyright license established in section 111 of title 17, United States Code, or asaffecting existing or future video programming licensing agreements between
broadcasting stations and video programmers.
(c) No person shall be permitted to locate, use, or maintain a radio
broadcast studio or other place or apparatus from which or whereby sound waves
are converted into electrical energy, or mechanical or physical reproduction ofsound waves produced, and caused to be transmitted or delivered to a radio station
in a foreign country for the purpose of being broadcast from any radio station there
having a power output of sufficient intensity and/or being so locatedgeographically that its emissions may be received consistently in the United States,
without first obtaining a permit from the Commission upon proper application
therefor.
(d) Such application shall contain such information as the Commission may
by regulation prescribe, and the granting or refusal thereof shall be subject to therequirements of section 309 hereof with respect to applications for station licenses
or renewal or modification thereof, and the license or permission so granted shallbe revocable for false statements in the application so required or when theCommission, after hearings, shall find its continuation no longer in the public
interest.

SEC. 326. [47 U.S.C. 326] CENSORSHIP; INDECENT LANGUAGE.
Nothing in this Act shall be understood or construed to give theCommission the power of censorship over the radio communications or signals
transmitted by any radio station, and no regulation or condition shall be
promulgated or fixed by the Commission which shall interfere with the right of freespeech by means of radio communication.
SEC. 327. [47 U.S.C. 327] USE OF NAVAL STATIONS FORCOMMERCIAL MESSAGES.
The Secretary of the Navy is hereby authorized, unless restrained byinternational agreement, under the terms and conditions and at rates prescribed byhim, which rates shall be just and reasonable, and which, upon complaint, shall be
subject to review and revision by the Commission, to use all radio stations andapparatus, wherever located, owned by the United States and under the control of
the Navy Department, (a) for the reception and transmission of press messages
offered by any newspaper published in the United States, its Territories orpossessions, or published by citizens of the United States in foreign countries, orby any press association of the United States, and (b) for the reception andtransmission of private commercial messages between ships, between ship andshore, between localities in Alaska and between Alaska and the continental UnitedStates: Provided, That the rates fixed for the reception and transmission of all such

174

Communications Act of 1934
messages, other than press messages between the Pacific coast of the UnitedStates, Hawaii, Alaska, Guam, American Samoa, and the Orient, and between the
United States and the Virgin Islands, shall not be less than the rates charged byprivately owned and operated stations for like messages and service: Provided
further, That the right to use such stations for any of the purposes named in thissection shall terminate and cease as between any countries or localities or between
any locality and privately operated ships whenever privately owned and operated
stations are capable of meeting the normal communication requirements between
such countries or localities or between any locality and privately operated ships,
and the Commission shall have notified the Secretary of the Navy thereof.
[Section 328 was repealed by Public Law 103-414, section 304(a)(10), 108 Stat.
4296-7.]
SEC. 329. [47 U.S.C. 329] ADMINISTRATION OF RADIO LAWS INTERRITORIES AND POSSESSIONS.
The Commission is authorized to designate any officer or employee of any
other department of the Government on duty in any Territory or possession of theUnited States to render therein such service in connection with the administrationof this Act as the Commission may prescribe and also to designate any officer or
employee of any other department of the Government to render such services atany place within the United States in connection with the administration of title IIIof this Act as may be necessary: Provided, That such designation shall be approvedby the head of the department in which such person is employed.
SEC. 330. [47 U.S.C. 330] PROHIBITION AGAINST SHIPMENT OF
CERTAIN TELEVISION RECEIVERS.
(a) No person shall ship in interstate commerce, or import from any foreigncountry into the United States, for sale or resale to the public, apparatus describedin paragraph (s) of section 303 unless it complies with rules prescribed by theCommission pursuant to the authority granted by that paragraph: Provided, That
this section shall not apply to carriers transporting such apparatus without tradingin it.
(b) No person shall ship in interstate commerce, manufacture, assemble, or
import from any foreign country into the United States, any apparatus described in
section 303(u) of this Act except in accordance with rules prescribed by theCommission pursuant to the authority granted by that section. Such rules shallprovide performance and display standards for such built-in decoder circuitry.
Such rules shall further require that all such apparatus be able to receive anddisplay closed captioning which have been transmitted by way of line 21 of thevertical blanking interval and which conform to the signal and display
specifications set forth in the Public Broadcasting System engineering report175Communications Act of 1934
numbered E-7709-C dated May 1980, as amended by the Telecaption II Decoder
Module Performance Specification published by the National Captioning Institute,
November 1985. As new video technology is developed, the Commission shalltake such action as the Commission determines appropriate to ensure that closedcaptioning service continues to be available to consumers. This subsection shall not
apply to carriers transporting such apparatus without trading it.
(c)(1) Except as provided in paragraph (2), no person shall ship ininterstate commerce or manufacture in the United States any apparatus describedin section 303(x) of this Act except in accordance with rules prescribed by theCommission pursuant to the authority granted by that section.
(2) This subsection shall not apply to carriers transporting apparatus
referred to in paragraph (1) without trading in it.
(3) The rules prescribed by the Commission under this subsection shallprovide for the oversight by the Commission of the adoption of standards byindustry for blocking technology. Such rules shall require that all such apparatus beable to receive the rating signals which have been transmitted by way of line 21 of
the vertical blanking interval and which conform to the signal and blocking
specifications established by industry under the supervision of the Commission.
(4) As new video technology is developed, the Commission shall take suchaction as the Commission determines appropriate to ensure that blocking service
continues to be available to consumers. If the Commission determines that analternative blocking technology exists that-(A) enables parents to block programming based on identifying
programs without ratings,(B) is available to consumers at a cost which is comparable to thecost of technology that allows parents to block programming based oncommon ratings, and(C) will allow parents to block a broad range of programs on amultichannel system as effectively and as easily as technology that allows
parents to block programming based on common ratings,
the Commission shall amend the rules prescribed pursuant to section 303(x) torequire that the apparatus described in such section be equipped with either theblocking technology described in such section or the alternative blocking
technology described in this paragraph.
(d) For the purposes of this section, and sections 303(s), 303(u), and303(x)-(1) The term ''interstate commerce'' means (A) commerce between
any State, the District of Columbia, the Commonwealth of Puerto Rico, or
any possession of the United States and any place outside thereof which iswithin the United States, (B) commerce between points in the same State,
the District of Columbia, the Commonwealth of Puerto Rico, or possessionof the United States but through any place outside thereof, or (C)176

Communications Act of 1934
commerce wholly within the District of Columbia or any possession of theUnited States.
(2) The term ''United States'' means the several States, the Districtof Columbia, the Commonwealth of Puerto Rico, and the possessions of
the United States, but does not include the Canal Zone.
SEC. 331. [47 U.S.C. 331] VERY HIGH FREQUENCY STATIONS AND
AM RADIO STATIONS.
(a) VERY HIGH FREQUENCY STATIONS.-- It shall be the policy of theFederal Communications Commission to allocate channels for very high frequency
commercial television broadcasting in a manner which ensures that not less than
one such channel shall be allocated to each State, if technically feasible. In any casein which licensee of a very high frequency commercial television broadcast station
notifies the Commission to the effect that such licensee will agree to thereallocation of its channel to a community within a State in which there is allocatedno very high frequency commercial television broadcast channel at the time such
notification, the Commission shall, not withstanding any other provision of law,order such reallocation and issue a license to such licensee for that purpose
pursuant to such notification for a term of not to exceed 5 years as provided in
section 307(d) of the Communications Act of 1934.
(b) AM RADIO STATIONS.--It shall be the policy of the Commission, in any
case in which the licensee of an existing AM daytime-only station located in acommunity with a population of more than 100,000 persons that lacks a local fulltime aural station licensed to that community and that is located within a Class I
station primary service area notifies the Commission that such licensee seeks toprovide full-time service, to ensure that such a licensee is able to place a principal
community contour signal over its entire community of license 24 hours a day, if
technically feasible. The Commission shall report to the appropriate committees ofCongress within 30 days after the date of enactment of this Act on how it intends
to meet this policy goal.
SEC. 332. [47 U.S.C. 332] MOBILE SERVICES.
(a) In taking actions to manage the spectrum to be made available for use
by the private mobile service, the Commission shall consider, consitent withsection 1 of this Act, whether such actions will_(1) promote the safety of life and property;(2) improve the efficiency of spectrum use and reduce theregulatory burden upon spectrum users, based upon sound engineering
principles, user operational requirements, and marketplace demands;(3) encourage competition and provide services to the largest
feasible number of users; or(4) increase interservice sharing opportunities between private

177

Communications Act of 1934
mobile services and other services.
(b)(1) The Commission, in coordinating the assignment of frequencies tostations in the private mobile services and in the fixed services (as defined by theCommission by rule), shall have authority to utilize assistance furnished byadvisory coordinating committees consisting of individuals who are not officers or
employees of the Federal Government.
(2) The authority of the Commission established in this subsection shall not
be subject to or affected by the provisions of part III of title 5, United States Code,or section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).
(3) Any person who provides assistance to the Commission under thissubsection shall not be considered, by reason of having provided such assistance, aFederal employee.
(4) Any advisory coordinating committee which furnishes assistance to theCommission under this subsection shall not be subject to the provisions of theFederal Advisory Committee Act.
(c) REGULATORY TREATMENT OF MOBILE SERVICES.-(1) COMMON CARRIER TREATMENT OF COMMERCIAL MOBILESERVICES.--(A) A person engaged in the provision of a service that is acommercial mobile service shall, insofar as such person is so engaged, be
treated as a common carrier for purposes of this Act, except for suchprovisions of title II as the Commission may specify by regulation as
inapplicable to that service or person. In prescribing or amending any such
regulation, the Commission may not specify any provision of section 201,
202, or 208, and may specify any other provision only if the Commission
determines that-(i) enforcement of such provision is not necessary in orderto ensure that the charges, practices, classifications, or regulations
for or in connection with that service are just and reasonable andare not unjustly or unreasonably discriminatory;(ii) enforcement of such provision is not necessary for theprotection of consumers; and(iii) specifying such provision is consistent with the public
interest.
(B) Upon reasonable request of any person providing commercial
mobile service, the Commission shall order a common carrier to establish
physical connections with such service pursuant to the provisions of section
201 of this Act. Except to the extent that the Commission is required torespond to such a request, this subparagraph shall not be construed as alimitation or expansion of the Commission's authority to orderinterconnection pursuant to this Act.
(C) The Commission shall review competitive market conditions
with respect to commercial mobile services and shall include in its annual

178Communications Act of 1934
report an analysis of those conditions. Such analysis shall include an
identification of the number of competitors in various commercial mobile
services, an analysis of whether or not there is effective competition, ananalysis of whether any of such competitors have a dominant share of themarket for such services, and a statement of whether additional providers
or classes of providers in those services would be likely to enhancecompetition. As a part of making a determination with respect to the
public interest under subparagraph (A)(iii), the Commission shall consider
whether the proposed regulation (or amendment thereof) will promotecompetitive market conditions, including the extent to which such
regulation (or amendment) will enhance competition among providers ofcommercial mobile services. If the Commission determines that such
regulation (or amendment) will promote competition among providers ofcommercial mobile services, such determination may be the basis for a
Commission finding that such regulation (or amendment) is in the public
interest.
(D) The Commission shall, not later than 180 days after the date ofenactment of this subparagraph, complete a rulemaking required to
implement this paragraph with respect to the licensing of personalcommunications services, including making any determinations required bysubparagraph (C).
(2) NON-COMMON CARRIER TREATMENT OF PRIVATE MOBILESERVICES.--A person engaged in the provision of a service that is a private
mobile service shall not, insofar as such person is so engaged, be treated as
a common carrier for any purpose under this Act. A common carrier (otherthan a person that was treated as a provider of a private land mobile service
prior to the enactment of the Omnibus Budget Reconciliation Act of 1993)
shall not provide any dispatch service on any frequency allocated forcommon carrier service, except to the extent such dispatch service isprovided on stations licensed in the domestic public land mobile radio
service before January 1, 1982. The Commission may by regulation
terminate, in whole or in part, the prohibition contained in the preceding
sentence if the Commission determines that such termination will serve thepublic interest.
(3) STATE PREEMPTION.--(A) Notwithstanding sections 2(b) and221(b), no State or local government shall have any authority to regulate
the entry of or the rates charged by any commercial mobile service or any
private mobile service, except that this paragraph shall not prohibit a State
from regulating the other terms and conditions of commercial mobile
services. Nothing in this subparagraph shall exempt providers ofcommercial mobile services (where such services are a substitute for landline telephone exchange service for a substantial portion of the179Communications Act of 1934
communications within such State) from requirements imposed by a State
commission on all providers of telecommunications services necessary toensure the universal availability of telecommunications service at affordable
rates. Notwithstanding the first sentence of this subparagraph, a State may
petition the Commission for authority to regulate the rates for any
commercial mobile service and the Commission shall grant such petition ifsuch State demonstrates that-(i) market conditions with respect to such services fail toprotect subscribers adequately from unjust and unreasonable rates
or rates that are unjustly or unreasonably discriminatory; or(ii) such market conditions exist and such service is a
replacement for land line telephone exchange service for a
substantial portion of the telephone land line exchange service
within such State.
The Commission shall provide reasonable opportunity for public commentin response to such petition, and shall, within 9 months after the date of its
submission, grant or deny such petition. If the Commission grants such
petition, the Commission shall authorize the State to exercise under Statelaw such authority over rates, for such periods of time, as the Commission
deems necessary to ensure that such rates are just and reasonable and not
unjustly or unreasonably discriminatory.
(B) If a State has in effect on June 1, 1993, any regulation
concerning the rates for any commercial mobile service offered in such
State on such date, such State may, no later than 1 year after the date ofenactment of the Omnibus Budget Reconciliation Act of 1993, petition theCommission requesting that the State be authorized to continue exercisingauthority over such rates. If a State files such a petition, the State's existing
regulation shall, notwithstanding subparagraph (A), remain in effect until
the Commission completes all action (including any reconsideration) on
such petition. The Commission shall review such petition in accordancewith the procedures established in such subparagraph, shall complete all
action (including any reconsideration) within 12 months after such petitionis filed, and shall grant such petition if the State satisfies the showing
required under subparagraph (A)(i) or (A)(ii). If the Commission grants
such petition, the Commission shall authorize the State to exercise under
State law such authority over rates, for such period of time, as theCommission deems necessary to ensure that such rates are just andreasonable and not unjustly or unreasonably discriminatory. After areasonable period of time, as determined by the Commission, has elapsed
from the issuance of an order under subparagraph (A) or this subparagraph,
any interested party may petition the Commission for an order that theexercise of authority by a State pursuant to such subparagraph is no longer

180

Communications Act of 1934
necessary to ensure that the rates for commercial mobile services are justand reasonable and not unjustly or unreasonably discriminatory. The
Commission shall provide reasonable opportunity for public comment inresponse to such petition, and shall, within 9 months after the date of its
submission, grant or deny such petition in whole or in part.
(4) REGULATORY TREATMENT OF COMMUNICATIONS SATELLITECORPORATION.--Nothing in this subsection shall be construed to alter oraffect the regulatory treatment required by title IV of the Communications
Satellite Act of 1962 of the corporation authorized by title III of such Act.
(5) SPACE SEGMENT CAPACITY.--Nothing in this section shallprohibit the Commission from continuing to determine whether theprovision of space segment capacity by satellite systems to providers ofcommercial mobile services shall be treated as common carriage.
(6) FOREIGN OWNERSHIP.--The Commission, upon a petition for
waiver filed within 6 months after the date of enactment of the Omnibus
Budget Reconciliation Act of 1993, may waive the application of section
310(b) to any foreign ownership that lawfully existed before May 24, 1993,of any provider of a private land mobile service that will be treated as acommon carrier as a result of the enactment of the Omnibus Budget
Reconciliation Act of 1993, but only upon the following conditions:(A) The extent of foreign ownership interest shall not be
increased above the extent which existed on May 24, 1993.
(B) Such waiver shall not permit the subsequent transfer ofownership to any other person in violation of section 310(b).
(7) PRESERVATION OF LOCAL ZONING AUTHORITY.-(A) GENERAL AUTHORITY.--Except as provided in thisparagraph, nothing in this Act shall limit or affect the authority of aState or local government or instrumentality thereof over decisions
regarding the placement, construction, and modification of personal
wireless service facilities.
(B) LIMITATIONS.-(i) The regulation of the placement, construction,and modification of personal wireless service facilities by
any State or local government or instrumentality thereof-(I) shall not unreasonably discriminate
among providers of functionally equivalent services;and(II) shall not prohibit or have the effect ofprohibiting the provision of personal wirelessservices.
(ii) A State or local government or instrumentality
thereof shall act on any request for authorization to place,181

Communications Act of 1934
construct, or modify personal wireless service facilities
within a reasonable period of time after the request is duly
filed with such government or instrumentality, taking into
account the nature and scope of such request.
(iii) Any decision by a State or local government or
instrumentality thereof to deny a request to place, construct,
or modify personal wireless service facilities shall be inwriting and supported by substantial evidence contained in a
written record.
(iv) No State or local government or instrumentality
thereof may regulate the placement, construction, andmodification of personal wireless service facilities on thebasis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with theCommission's regulations concerning such emissions.
(v) Any person adversely affected by any final action
or failure to act by a State or local government or any
instrumentality thereof that is inconsistent with thissubparagraph may, within 30 days after such action or
failure to act, commence an action in any court ofcompetent jurisdiction. The court shall hear and decide suchaction on an expedited basis. Any person adversely affectedby an act or failure to act by a State or local government or
any instrumentality thereof that is inconsistent with clause(iv) may petition the Commission for relief.
(C) DEFINITIONS.--For purposes of this paragraph-(i) the term ''personal wireless services'' meanscommercial mobile services, unlicensed wireless services,and common carrier wireless exchange access services;(ii) the term ''personal wireless service facilities''
means facilities for the provision of personal wirelessservices; and(iii) the term ''unlicensed wireless service'' means theoffering of telecommunications services using duly
authorized devices which do not require individual licenses,
but does not mean the provision of direct-to-home satellite
services (as defined in section 303(v)).
(8) MOBILE SERVICES ACCESS.--A person engaged in the provisionof commercial mobile services, insofar as such person is so engaged, shallnot be required to provide equal access to common carriers for theprovision of telephone toll services. If the Commission determines that
subscribers to such services are denied access to the provider of telephone

182

Communications Act of 1934
toll services of the subscribers' choice, and that such denial is contrary to
the public interest, convenience, and necessity, then the Commission shallprescribe regulations to afford subscribers unblocked access to the providerof telephone toll services of the subscribers' choice through the use of acarrier identification code assigned to such provider or other mechanism.
The requirements for unblocking shall not apply to mobile satellite services
unless the Commission finds it to be in the public interest to apply suchrequirements to such services.
(d) DEFINITIONS.--For purposes of this section-(1) the term ''commercial mobile service'' means any mobile service(as defined in section 3) that is provided for profit and makes
interconnected service available (A) to the public or (B) to such classes of
eligible users as to be effectively available to a substantial portion of the
public, as specified by regulation by the Commission;(2) the term ''interconnected service'' means service that isinterconnected with the public switched network (as such terms are definedby regulation by the Commission) or service for which a request forinterconnection is pending pursuant to subsection (c)(1)(B); and(3) the term ''private mobile service'' means any mobile service (asdefined in section 3) that is not a commercial mobile service or thefunctional equivalent of a commercial mobile service, as specified byregulation by the Commission.
SEC. 333. [47 U.C.S. 333] WILLFUL OR MALICIOUS INTERFERENCE.
No person shall willfully or maliciously interfere with or cause interference
to any radio communications of any station licensed or authorized by or under thisAct or operated by the United States Government.
SEC. 334. [47 U.C.S. 334] LIMITATION ON REVISION OF EQUALEMPLOYMENT OPPORTUNITY REGULATIONS.
(a) LIMITATION.--Except as specifically provided in this section, theCommission shall not revise-(1) the regulations concerning equal employment opportunity as ineffect on September 1, 1992 (47 C.F.R. 73.2080) as such regulations apply
to television broadcast station licensees and permittees; or(2) the forms used by such licensees and permittees to report
pertinent employment data to the Commission.
(b) MIDTERM REVIEW.--The Commission shall revise the regulations
described in subsection (a) to require a midterm review of television broadcast
station licensees' employment practices and to require the Commission to informsuch licensees of necessary improvements in recruitment practices identified as aconsequence of such review.

183Communications Act of 1934(c) AUTHORITY TO MAKE TECHNICAL REVISIONS.--The Commission may
revise the regulations described in subsection (a) to make nonsubstantive technicalor clerical revisions in such regulations as necessary to reflect changes intechnology, terminology, or Commission organization.
SEC. 335. [47 U.C.S. 335] DIRECT BROADCAST SATELLITE SERVICEOBLIGATIONS.
(a) PROCEEDING REQUIRED TO REVIEW DBS RESPONSIBILITIES.--The
Commission shall, within 180 days after the date of enactment of this section,
initiate a rulemaking proceeding to impose, on providers of direct broadcast
satellite service, public interest or other requirements for providing video
programming. Any regulations prescribed pursuant to such rulemaking shall, at aminimum, apply the access to broadcast time requirement of section 312(a)(7) andthe use of facilities requirements of section 315 to providers of direct broadcast
satellite service providing video programming. Such proceeding also shall examine
the opportunities that the establishment of direct broadcast satellite service
provides for the principle of localism under this Act, and the methods by whichsuch principle may be served through technological and other developments in, or
regulation of, such service.
(b) CARRIAGE OBLIGATIONS FOR NONCOMMERCIAL, EDUCATIONAL, AND
INFORMATIONAL PROGRAMMING.-(1) CHANNEL CAPACITY REQUIRED.--The Commission shall require,as a condition of any provision, initial authorization, or authorization
renewal for a provider of direct broadcast satellite service providing video
programming, that the provider of such service reserve a portion of its
channel capacity, equal to not less than 4 percent nor more than 7 percent,exclusively for noncommercial programming of an educational orinformational nature.
(2) USE OF UNUSED CHANNEL CAPACITY.--A provider of suchservice may utilize for any purpose any unused channel capacity required tobe reserved under this subsection pending the actual use of such channel
capacity for noncommercial programming of an educational orinformational nature.
(3) PRICES, TERMS, AND CONDITIONS; EDITORIAL CONTROL.--A
provider of direct broadcast satellite service shall meet the requirements ofthis subsection by making channel capacity available to national educational
programming suppliers, upon reasonable prices, terms, and conditions, as
determined by the Commission under paragraph (4). The provider of direct
broadcast satellite service shall not exercise any editorial control over any
video programming provided pursuant to this subsection.
(4) LIMITATIONS.--In determining reasonable prices underparagraph (3)--184

Communications Act of 1934(A) the Commission shall take into account the nonprofit
character of the programming provider and any Federal funds used
to support such programming;(B) the Commission shall not permit such prices to exceed,
for any channel made available under this subsection, 50 percent of
the total direct costs of making such channel available; and(C) in the calculation of total direct costs, the Commission
shall exclude-(i) marketing costs, general administrative costs, andsimilar overhead costs of the provider of direct broadcast
satellite service; and(ii) the revenue that such provider might haveobtained by making such channel available to a commercial
provider of video programming.
(5) DEFINITIONS.--For purposes of this subsection-(A) The term ''provider of direct broadcast satellite service''means-(i) a licensee for a Ku-band satellite system underpart 100 of title 47 of the Code of Federal Regulations; or(ii) any distributor who controls a minimum numberof channels (as specified by Commission regulation) using a
Ku-band fixed service satellite system for the provision ofvideo programming directly to the home and licensed underpart 25 of title 47 of the Code of Federal Regulations.
(B) The term ''national educational programming supplier''
includes any qualified noncommercial educational television station,other public telecommunications entities, and public or private
educational institutions.
SEC. 336. [47 U.S.C. 336] BROADCAST SPECTRUM FLEXIBILITY.
(a) COMMISSION ACTION.--If the Commission determines to issue
additional licenses for advanced television services, the Commission-(1) should limit the initial eligibility for such licenses to persons
that, as of the date of such issuance, are licensed to operate a television
broadcast station or hold a permit to construct such a station (or both); and(2) shall adopt regulations that allow the holders of such licenses tooffer such ancillary or supplementary services on designated frequencies as
may be consistent with the public interest, convenience, and necessity.
(b) CONTENTS OF REGULATIONS.--In prescribing the regulations required bysubsection (a), the Commission shall-(1) only permit such licensee or permittee to offer ancillary or
supplementary services if the use of a designated frequency for such

185

Communications Act of 1934
services is consistent with the technology or method designated by theCommission for the provision of advanced television services;(2) limit the broadcasting of ancillary or supplementary services ondesignated frequencies so as to avoid derogation of any advanced television
services, including high definition television broadcasts, that theCommission may require using such frequencies;(3) apply to any other ancillary or supplementary service such of theCommission's regulations as are applicable to the offering of analogous
services by any other person, except that no ancillary or supplementary
service shall have any rights to carriage under section 614 or 615 or bedeemed a multichannel video programming distributor for purposes ofsection 628;
(4) adopt such technical and other requirements as may benecessary or appropriate to assure the quality of the signal used to provide
advanced television services, and may adopt regulations that stipulate theminimum number of hours per day that such signal must be transmitted;
and(5) prescribe such other regulations as may be necessary for theprotection of the public interest, convenience, and necessity.
(c) RECOVERY OF LICENSE.--If the Commission grants a license foradvanced television services to a person that, as of the date of such issuance, islicensed to operate a television broadcast station or holds a permit to construct
such a station (or both), the Commission shall, as a condition of such license,
require that either the additional license or the original license held by the licensee
be surrendered to the Commission for reallocation or reassignment (or both)
pursuant to Commission regulation.
(d) PUBLIC INTEREST REQUIREMENT.--Nothing in this section shall be
construed as relieving a television broadcasting station from its obligation to serve
the public interest, convenience, and necessity. In the Commission's review of any
application for renewal of a broadcast license for a television station that provides
ancillary or supplementary services, the television licensee shall establish that all of
its program services on the existing or advanced television spectrum are in the
public interest. Any violation of the Commission rules applicable to ancillary or
supplementary services shall reflect upon the licensee's qualifications for renewal of
its license.
(e) FEES.-(1) SERVICES TO WHICH FEES APPLY.--If the regulations prescribedpursuant to subsection (a) permit a licensee to offer ancillary or
supplementary services on a designated frequency-(A) for which the payment of a subscription fee is requiredin order to receive such services, or(B) for which the licensee directly or indirectly receives

186Communications Act of 1934
compensation from a third party in return for transmitting material
furnished by such third party (other than commercial advertisements
used to support broadcasting for which a subscription fee is not
required),
the Commission shall establish a program to assess and collect from thelicensee for such designated frequency an annual fee or other schedule ormethod of payment that promotes the objectives described insubparagraphs (A) and (B) of paragraph (2).
(2) COLLECTION OF FEES.--The program required by paragraph (1)shall-(A) be designed (i) to recover for the public a portion of thevalue of the public spectrum resource made available for suchcommercial use, and (ii) to avoid unjust enrichment through themethod employed to permit such uses of that resource;(B) recover for the public an amount that, to the extent
feasible, equals but does not exceed (over the term of the license)
the amount that would have been recovered had such services been
licensed pursuant to the provisions of section 309(j) of this Act andthe Commission's regulations thereunder; and(C) be adjusted by the Commission from time to time inorder to continue to comply with the requirements of thisparagraph.
(3) TREATMENT OF REVENUES.-(A) GENERAL RULE.--Except as provided in subparagraph(B), all proceeds obtained pursuant to the regulations required bythis subsection shall be deposited in the Treasury in accordancewith chapter 33 of title 31, United States Code.
(B) RETENTION OF REVENUES.--Notwithstanding
subparagraph (A), the salaries and expenses account of theCommission shall retain as an offsetting collection such sums as
may be necessary from such proceeds for the costs of developing
and implementing the program required by this section andregulating and supervising advanced television services. Suchoffsetting collections shall be available for obligation subject to theterms and conditions of the receiving appropriations account, andshall be deposited in such accounts on a quarterly basis.
(4) REPORT.--Within 5 years after the date of enactment of theTelecommunications Act of 1996, the Commission shall report to theCongress on the implementation of the program required by thissubsection, and shall annually thereafter advise the Congress on theamounts collected pursuant to such program.
(f) EVALUATION.--Within 10 years after the date the Commission first187

Communications Act of 1934
issues additional licenses for advanced television services, the Commission shallconduct an evaluation of the advanced television services program. Suchevaluation shall include-(1) an assessment of the willingness of consumers to purchase thetelevision receivers necessary to receive broadcasts of advanced television
services;(2) an assessment of alternative uses, including public safety use, of
the frequencies used for such broadcasts; and(3) the extent to which the Commission has been or will be able toreduce the amount of spectrum assigned to licensees.
(g) DEFINITIONS.--As used in this section:(1) ADVANCED TELEVISION SERVICES.--The term ''advanced
television services'' means television services provided using digital or otheradvanced technology as further defined in the opinion, report, and order of
the Commission entitled ''Advanced Television Systems and Their Impact
Upon the Existing Television Broadcast Service'', MM Docket 87-268,
adopted September 17, 1992, and successor proceedings.
(2) DESIGNATED FREQUENCIES.--The term ''designated frequency''
means each of the frequencies designated by the Commission for licenses
for advanced television services.
(3) HIGH DEFINITION TELEVISION.--The term ''high definition
television'' refers to systems that offer approximately twice the vertical andhorizontal resolution of receivers generally available on the date ofenactment of the Telecommunications Act of 1996, as further defined in
the proceedings described in paragraph (1) of this subsection.

PART II--RADIO EQUIPMENT AND RADIO OPERATORSON BOARD SHIP
SEC. 351. [47 U.S.C. 351] SHIP RADIO STATIONS AND OPERATIONS.
(a) Except as provided in section 352 hereof it shall be unlawful-(1) For any ship of the United States, other than a cargo ship of less than
three hundred gross tons, to be navigated in the open sea outside of a harbor or
port, or for any ship of the United States or any foreign country, other than acargo ship of less than three hundred gross tons, to leave or attempt to leave any
harbor or port of the United States for a voyage in the open sea, unless such ship isequipped with an efficient radio station in operating condition, as specified bysubparagraphs (A) and (B) of this paragraph, in charge of and operated by one ormore radio officers or operators, adequately installed and protected so as to insure
proper operation, and so as not to endanger the ship and radio station as

188

Communications Act of 1934
hereinafter provided, and, in the case of a ship of the United States, unless there ison board a valid station license issued in accordance with this Act.
(A) Passenger ships irrespective of size and cargo ships of one
thousand six hundred gross tons and upward shall be equipped with aradiotelegraph station complying with the provisions of this part;(B) Cargo ships of three hundred gross tons and upward but lessthan one thousand six hundred gross tons, unless equipped with aradiotelegraph station complying with the provisions of this part, shall beequipped with a radiotelephone station complying with the provisions of
this part.
(2) For any ship of the United States of one thousand six hundred grosstons and upward to be navigated in the open sea outside of a harbor or port, or forany such ship of the United States or any foreign country to leave or attempt toleave any harbor or port of the United States for a voyage in the open sea, unlesssuch ship is equipped with efficient radio direction finding apparatus approved by
the Commission, properly adjusted in operating condition as hereinafter provided.
(b) A ship which is not subject to the provisions of this part at the time ofits departure on a voyage shall not become subject to such provisions on accountof any deviation from its intended voyage due to stress of weather or any othercause over which neither the master, the owner, nor the charterer (if any) has
control.
SEC. 352. [47 U.S.C. 352] EXCEPTIONS.
(a) The provisions of this part shall not apply to-(1) A ship of war;(2) A ship of the United States belonging to and operated by theGovernment, except a ship of the Maritime Administration of the Department ofTransportation, the Inland and Coastwise Waterways Service, or the Panama
Canal Company;6(3) A foreign ship belonging to a country which is a party to any Safety
Convention in force between the United States and that country which ship carries
a valid certificate exempting said ship from the radio provisions of that
Convention, or which ship conforms to the radio requirements of such Convention
or Regulations and has on board a valid certificate to that effect, or which ship is
not subject to the radio provisions of any such Convention;(4) Yachts of less than six hundred gross tons not subject to the radio
provisions of the Safety Convention;(5) Vessels in tow;
(6) A ship navigating solely on any bays, sounds, rivers, or protectedwaters within the jurisdiction of the United States, or to a ship leaving or
attempting to leave any harbor or port of the United States for a voyage solely on
any bays, sounds, rivers, or protected waters within the jurisdiction of the United

189

Communications Act of 1934
States;(7) A ship navigating solely on the Great Lakes of North America and theRiver Saint Lawrence as far east as a straight line drawn from Cap des Rosiers toWest Point, Anticosti Island, and, on the north side of Anticosti Island, the sixtythird meridian, or to a ship leaving or attempting to leave any harbor or port of theUnited States for a voyage solely on such waters and within such area;(8) A ship which is navigated during the course of a voyage both on the
Great Lakes of North America and in the open sea, during the period while suchship is being navigated within the Great Lakes of North America and theirconnecting and tributary waters as far east as the lower exit of the Saint Lambertlock at Montreal in the Province of Quebec, Canada.
(b) Except for nuclear ships, the Commission may, if it considers that theroute or the conditions of the voyage or other circumstances are such as to rendera radio station unreasonable or unnecessary for the purposes of this part, exempt
from the provisions of this part any ship or class of ships which falls within any of
the following descriptions:(1) Passenger ships which in the course of their voyage do not go morethan twenty nautical miles from the nearest land or, alternatively, do not go morethan two hundred nautical miles between two consecutive ports;(2) Cargo ships which in the course of their voyage do not go more than
one hundred and fifty nautical miles from the nearest land;(3) Passenger vessels of less than one hundred gross tons not subject to theradio provisions of the Safety Convention;(4) Sailing ships.
(c) If, because of unforeseeable failure of equipment, a ship is unable tocomply with the equipment requirements of this part without undue delay of theship, the mileage limitations set forth in paragraphs (1) and (2) of subsection (b)shall not apply: Provided, That exemption of the ship is found to be reasonable ornecessary in accordance with subsection (b) to permit the ship to proceed to a port
where the equipment deficiency may be remedied.
(d) Except for nuclear ships, and except for ships of five thousand grosstons and upward which are subject to the Safety Convention, the Commission may
exempt from the requirements, for radio direction finding apparatus, of this partand of the Safety Convention, any ship which falls within the descriptions set forthin paragraphs (1), (2), (3), and (4) of subsection (b) of this section, if it considers
that the route on conditions of the voyage or other circumstances are such as torender such apparatus unreasonable or unnecessary.
SEC. 353. [47 U.S.C. 353] RADIO OFFICERS, WATCHES, AUTO
ALARM-RADIOTELEGRAPH EQUIPPED SHIPS.
(a) Each cargo ship which in accordance with this part is equipped with aradiotelegraph station and which is not equipped with a radiotelegraph auto alarm,and each passenger ship required by this part to be equipped with a radiotelegraph190

Communications Act of 1934
station, shall, for safety purposes, carry at least two radio officers.
(b) A cargo ship which in accordance with this part is equipped with aradiotelegraph station, which is equipped with a radiotelegraph auto alarm, shall,for safety purposes, carry at least one radio officer who shall have had at least six
months' previous service in the aggregate as a radio officer in a station on board aship or ships of the United States.
(c) Each ship of the United States which in accordance with this part isequipped with a radiotelegraph station shall, while being navigated in the open sea
outside of a harbor or port, keep a continuous watch by means of radio officers
whenever the station is not being used for authorized traffic: Provided, That, inlieu thereof, on a cargo ship equipped with a radiotelegraph auto alarm in proper
operating condition, a watch of at least eight hours per day, in the aggregate, shallbe maintained by means of a radio officer.
(d) The Commission shall, when it finds it necessary for safety purposes,
have authority to prescribe the particular hours of watch on a ship of the UnitedStates which in accordance with this part is equipped with a radiotelegraph station.
(e) On all ships of United States equipped with a radiotelegraph auto alarm,said apparatus shall be in operation at all times while the ship is being navigated in
the open sea outside of a harbor or port when the radio officer is not on watch.
SEC. 354. [47 U.S.C. 353a] OPERATORS, WATCHES-RADIOTELEPHONE EQUIPPED SHIPS.
(a) Each cargo ship which in accordance with this part is equipped with aradiotelephone station shall, for safety purposes, carry at least one operator who
may be the master, an officer, or a member of the crew.
(b) Each cargo ship of the United States which in accordance with this partis equipped with a radiotelephone station shall, while being navigated in the open
sea outside of a harbor or port, maintain continuous watch whenever the station is
not being used for authorized traffic.
SEC. 355. [47 U.S.C. 354] TECHNICAL REQUIREMENTS-RADIOTELEGRAPH EQUIPPED SHIPS.
The radiotelegraph station and the radio direction finding apparatus
required by section 351 of this part shall comply with the following requirements:(a) The radiotelegraph station shall include a main installation and a reserve
installation, electrically separate and electrically independent of each other:
Provided, That, in installations on cargo ships of three hundred gross tons andupward but less than one thousand six hundred gross tons, and in installations on
cargo ships of one thousand six hundred gross tons and upward installed prior to
November 19, 1952, if the main transmitter complies with all the requirements forthe reserve transmitter, the latter may be omitted.
(b) The radiotelegraph station shall be so located that no harmful

191Communications Act of 1934
interference from extraneous mechanical or other noise will be caused to theproper reception of radio signals, and shall be placed in the upper part of the ship
in a position of the greatest possible safety and as high as practicable above thedeepest load waterline. The location of the radiotelegraph operating room orrooms shall be approved by the Commandant of the Coast Guard. The
radiotelegraph installation shall be installed in such a position that it will beprotected against the harmful effects of water or extremes of temperature, andshall be readily accessible both for immediate use in case of distress and for repair.
(c) The radiotelegraph operating room shall be of sufficient size and of
adequate ventilation to enable the main and reserve radiotelegraph installations tobe operated efficiently, and shall not be used for any purpose which will interferewith the operation of the radiotelegraph station. The sleeping accommodation of atleast one radio officer shall be situated as near as practicable to the radiotelegraphoperating room. In ships the keels of which are laid on or after May 26, 1965, thissleeping accommodation shall not be within the radiotelegraph operating room.
(d) The main and reserve installations shall be capable of transmitting andreceiving on the frequencies, and using the classes of emission, designated by theCommission pursuant to law for the purposes of distress and safety of navigation.
(e) The main and reserve installations shall, when connected to the main
antenna, have a minimum normal range of two hundred nautical miles and one
hundred nautical miles, respectively; that is, they must be capable of transmitting
and receiving clearly perceptible signals from ship to ship by day and under normal
conditions and circumstances over the specified ranges.
(f) Sufficient electrical energy shall be available at all times to operate themain installation over the normal range required by subsection (e) of this section as
well as for the purpose of charging any batteries forming part of the radiotelegraphstation.
(g) The reserve installation shall include a source of electrical energy
independent of the propelling power of the ship and of any other electrical systemand shall be capable of being put into operation rapidly and of working for at leastsix continuous hours. The reserve source of energy and its switchboard shall be as
high as practicable in the ship and readily accessible to the radio officer.
(h) There shall be provided between the bridge of the ship and theradiotelegraph operating room, and between the bridge and the location of theradio direction finding apparatus, when such apparatus is not located on thebridge, an efficient two-way system for calling and voice communication whichshall be independent of any other communication system in the ship.
(i) The radio direction finding apparatus shall be efficient and capable ofreceiving signals with the minimum of receiver noise and of taking bearings fromwhich the true bearing and direction may be determined. It shall be capable ofreceiving signals on the radio-telegraph frequencies assigned by the radio
regulations annexed to the International Telecommunication Convention in force

192

Communications Act of 1934
for the purpose of distress, direction finding, and maritime radio beacons, and, in
installations made after May 26, 1965, such other frequencies as the Commission
may for safety purposes designate.
SEC. 356. [47 U.S.C. 354a] TECHNICAL REQUIREMENTS-RADIOTELEPHONE EQUIPPED SHIPS.
Cargo ships of three hundred gross tons and upward but less than one
thousand six hundred gross tons may, in lieu of the radiotelegraph stationprescribed by section 355, be equipped with a radiotelegraph station complying
with the following requirements:(a) The radiotelephone station shall be in the upper part of the ship, so
located that it is sheltered to the greatest possible extent from noise which might
impair the correct receiption of messages and signals, and, unless such station issituated on the bridge, there shall be efficient communication with the bridge.
(b) The radiotelephone installation shall be capable of transmitting andreceiving on the frequencies, and using the classes of emission, designated by theCommission pursuant to law for purposes of distress and safety of navigation.
(c) The radiotelephone installation shall have a minimum normal range of
one hundred and fifty nautical miles; that is, it shall be capable of transmitting andreceiving clearly perceptible signals from ship to ship by day and under normal
conditions and circumstances over this range.
(d) There shall be available at all times a main source of electrical energy
sufficient to operate the installation over the normal range required by subsection(c) of this section. If batteries are provided they shall have sufficient capacity tooperate the transmitter and receiver for at least six continuous hours under normal
working conditions. In installations made on or after November 19, 1952, a
reserve source of electrical energy shall be provided in the upper part of the ship
unless the main source of energy is so situated.
SEC. 357. [47 U.S.C. 355] SURVIVAL CRAFT.
Every ship required to be provided with survival craft radio by treaty towhich the United States is a party, by statute, or by regulation made in conformity
with a treaty, convention, or statute, shall be fitted with efficient radio equipment
appropriate to such requirement under such rules and regulations as theCommission may find necessary for safety of life. For purposes of this section,''radio equipment'' shall include portable as well as nonportable apparatus.
SEC. 358. [47 U.S.C. 356] APPROVAL OF INSTALLATIONS.
Insofar as is necessary to carry out the purposes and requirements of thispart, the Commission shall have authority, for any ship subject to this part-(1) To approve the details as to the location and manner of
installations of the equipment required by this part of equipment

193

Communications Act of 1934
necessitated by reason of the purposes and requirements of this part.
(2) To approve installations, apparatus, and spare parts necessary
to comply with the purposes and requirements of this part.
(3) To prescribe such additional equipment as may be determined tobe necessary to supplement that specified herein, for the proper functioningof the radio installation installed in accordance with this part or for theproper conduct of radio communication in time of emergency or distress.
SEC. 359. [47 U.S.C. 357] TRANSMISSION OF INFORMATION.
(a) The master of every ship of the United States, equipped with radiotransmitting apparatus, which meets with dangerous ice, a dangerous derelict, a
tropical storm, or any other direct danger to navigation, or encounters subfreezing
air temperatures associated with gale force winds causing severe ice accretion onsuperstructures, or winds of force 10 or above on the Beaufort scale for which nostorm warning has been received, shall cause to be transmitted all pertinent
information relating thereto to ships in the vicinity and to the appropriate
authorities on land, in accordance with rules and regulations issued by theCommission. When they consider it necessary, such authorities of the UnitedStates shall promptly bring the information received by them to the knowledge of
those concerned, including interested foreign authorities.
(b) No charge shall be made by any ship or station in the mobile service of
the United States for the transmission, receipt, or relay of the information
designated in subsection (a) originating on a ship of the United States or of aforeign country.
(c) The transmission by any ship of the United States, made in compliancewith subsection (a), to any station which imposes a charge for the reception, relay,or forwarding of the required information, shall be free of cost to the shipconcerned and any communication charges incurred by the ship for transmission,
relay, or forwarding of the information may be certified to the Commission forreimbursement out of moneys appropriated to the Commission for that purpose.
(d) No charge shall be made by any ship or station in the mobile service of
the United States for the transmission of distress messages and replies thereto inconnection with situations involving the safety of life and property at sea.
(e) Notwithstanding any other provision of law, any station or carrier may
render free service in connection with situations involving the safety of life andproperty, including hydrographic reports, weather reports, reports regarding aids
to navigation and medical assistance to injured or sick persons on ships and aircraftat sea. All free service permitted by this subsection shall be subject to such rules
and regulations as the Commission may prescribe, which rules may limit such freeservice to the extent which the Commission finds desirable in the public interest.
SEC. 360. [47 U.S.C. 358] AUTHORITY OF MASTER.

194

Communications Act of 1934
The radio installation, the operators, the regulation of their watches, thetransmission and receipt of messages, and the radio service of the ship except as
they may be regulated by law or international agreement, or by rules andregulations made in pursuance thereof, shall in the case of a ship of the UnitedStates be under the supreme control of the master.
SEC. 361. [47 U.S.C. 359] CERTIFICATES.
(a) Each vessel of the United States to which the Safety Convention applies
shall comply with the radio and communication provisions of said Convention at
all times while the vessel is in use, in addition to all other requirements of law, andshall have on board an appropriate certificate as prescribed by the Safety
Convention.
(b) Appropriate certificates concerning the radio particulars provided for insaid Convention shall be issued upon proper request to any vessel which is subject
to the radio provisions of the Safety Convention and is found by the Commission
to comply therewith. Cargo ship safety radio telegraphy certificates, cargo shipsafety radiotelephony certificates, and exemption certificates with respect to radio
particulars shall be issued by the Commission. Other certificates concerning theradio particulars provided for in the said Convention shall be issued by theCommandant of the Coast Guard or whatever other agency is authorized by law to
do so upon request of the Commission made after proper inspection or
determination of the facts. If the holder of a certificate violates the radio provisionsof the Safety Convention or the provisions of this Act, or the rules, regulations, orconditions prescribed by the Commission, and if the effective administration of the
Safety Convention or of this part so requires, the Commission, after hearing inaccordance with law, is authorized to modify or cancel a certificate which it has
issued, or to request the modification or cancellation of a certificate which has
been issued by another agency upon the Commission's request. Upon receipt ofsuch request for modification or cancellation, the Commandant of the Coast
Guard, or whatever agency is authorized by law to do so, shall modify or cancel
the certificate in accordance therewith.
SEC. 362. [47 U.S.C. 360] INSPECTION.
(a) In addition to any other provisions required to be included in a radio
station license, the station license of each ship of the United States subject to thistitle shall include particulars with reference to the items specifically required by thistitle.
(b) Every ship of the United States that is subject to this part shall have theequipment and apparatus prescribed therein inspected at least once each year by
the Commission or an entity designated by the Commission. If, after suchinspection, the Commission is satisfied that all relevant provisions of this Act andthe station license have been complied with, the fact shall be so certified on the

195Communications Act of 1934
station license by the Commission. The Commission shall make such additional
inspections at frequent intervals as the Commission determines may be necessary
to ensure compliance with the requirements of this Act. The Commission may,upon a finding that the public interest could be served thereby-(1) waive the annual inspection required under this section for aperiod of up to 90 days for the sole purpose of enabling a vessel tocomplete its voyage and proceed to a port in the United States where an
inspection can be held; or(2) waive the annual inspection required under this section for a
vessel that is in compliance with the radio provisions of the Safety
Convention and that is operating solely in waters beyond the jurisdiction of
the United States: Provided, That such inspection shall be performed
within 30 days of such vessel's return to the United States.
SEC. 363. [47 U.S.C. 361] CONTROL BY COMMISSION.
Nothing in this title shall be interpreted as lessening in any degree thecontrol of the Commission over all matters connected with the radio equipment
and its operation on shipboard and its decision and determination in regard to theradio requirements, installations, or exemptions from prescribed radio
requirements shall be final, subject only to review in accordance with law.
SEC. 364. [47 U.S.C. 362] FORFEITURES.
The following forfeitures shall apply to this part, in addition to the penalties
and forfeitures provided by title V of this Act:(a) Any ship that leaves or attempts to leave any harbor or port of theUnited States in violation of the provisions of this part, or the rules and regulationsof the Commission made in pursuance thereof, or any ship of the United Statesthat is navigated outside of any harbor or port in violation of any of the provisionsof this part, or the rules and regulations of the Commission made in pursuancethereof, shall forfeit to the United States the sum of $5,000, recoverable by way ofsuit or libel. Each such departure or attempted departure, and in the case of a shipof the United States each day during which such navigation occurs shall constitutea separate offense.
(b) Every willful failure on the part of the master of a ship of the UnitedStates to enforce or to comply with the provisions of this Act or the rules andregulations of the Commission as to equipment, operators, watches, or radio
service shall cause him to forfeit to the United States the sum of $1,000.
SEC. 365. [47 U.S.C. 363] AUTOMATED SHIP DISTRESS AND SAFETY
SYSTEMS.
Notwithstanding any provision of this Act or any other provision of law or
regulation, a ship documented under the laws of the United States operating in

196

Communications Act of 1934
accordance with the Global Maritime Distress and Safety System provisions of the
Safety of Life at Sea Convention shall not be required to be equipped with a radio
telegraphy station operated by one or more radio officers or operators. Thissection shall take effect for each vessel upon a determination by the United States
Coast Guard that such vessel has the equipment required to implement the Global
Maritime Distress and Safety System installed and operating in good working
condition.

PART III--RADIO INSTALLATIONS ON VESSELSCARRYING PASSENGERS FOR HIRE
SEC. 381. [47 U.S.C. 381] VESSELS TRANSPORTING MORE THAN SIXPASSENGERS FOR HIRE REQUIRED TO BE EQUIPPED WITH RADIOTELEPHONE.
Except as provided in section 382, it shall be unlawful for any vessel of theUnited States, transporting more than six passengers for hire, to be navigated in
the open sea or any tidewater within the jurisdiction of the United States adjacentor contiguous to the open sea, unless such vessel is equipped with an efficientradiotelephone installation in operating condition.
SEC. 382. [47 U.S.C. 382] VESSELS EXCEPTED FROM RADIOTELEPHONE REQUIREMENT.
The provisions of this part shall not apply to-(1) vessels which are equipped with a radio installation inaccordance with the provisions of part II of title III of this Act, or inaccordance with the radio requirements of the Safety Convention; and(2) vessels of the United States belonging to and operated by theGovernment, and(3) vessels navigating on the Great Lakes.
SEC. 383. [47 U.S.C. 383] EXEMPTIONS BY COMMISSION.
The Commission shall exempt from the provisions of this part any vessel,
or class of vessels, in the case of which the route or conditions of the voyage, orother conditions or circumstances, are such as to render a radio installation
unreasonable, unnecessary, or ineffective, for the purposes of this Act.
SEC. 384. [47 U.S.C. 384] AUTHORITY OF COMMISSION;OPERATIONS, INSTALLATIONS, AND ADDITIONAL EQUIPMENT.
The Commission shall have authority with respect to any vessel subject tothis part--

197

Communications Act of 1934(1) to specify operating and technical conditions and characteristics
including frequencies, emissions, power, communication capability and range, of
installations required by reason of this part;(2) to approve the details as to the location and manner of installation of
the equipment required by this part or of equipment necessitated by reason of the
purposes and requirements of this part;(3) to approve installations, apparatus and spare parts necessary to comply
with the purposes and requirements of this part;(4) to prescribe such additional equipment as may be determined to benecessary to supplement that specified herein for the proper functioning of theradio installation installed in accordance with this part or for the proper conduct ofradio communication in time of emergency or distress.
SEC. 385. [47 U.S.C. 385] INSPECTIONS.
The Commission or an entity designated by the Commission shall makesuch inspections as may be necessary to insure compliance with the requirementsof this part. In accordance with such other provisions of law as apply toGovernment contracts, the Commission may enter into contracts with any person
for the purpose of carrying out such inspections and certifying compliance withthose requirements, and may, as part of any such contract, allow any such person
to accept reimbursement from the license holder for travel and expense costs ofany employee conducting an inspection or certification.
SEC. 386. [47 U.S.C. 386] FORFEITURES.
The following forfeitures shall apply to this part in addition to penalties andforfeitures provided by title V of this Act:(a) Any vessel of the United States that is navigated in violation of theprovisions of this part or of the rules and regulations of the Commission made inpursuance thereof shall forfeit to the United States the sum of $5,000 recoverable
by way of suit or libel. Each day during which such navigation occurs shallconstitte a separate offense.
(b) Every willful failure on the part of the master of a vessel of the UnitedStates to enforce or to comply with the provisions of this part or the rules andregulations of the Commission made in pursuance thereof shall cause him to forfeit
to the United States the sum of $1,000.

PART IV--ASSISTANCE FOR PUBLICTELECOMMUNICATIONS FACILITIES;TELECOMMUNICATIONS DEMONSTRATIONS;CORPORATION FOR PUBLIC BROADCASTING
Subpart A--Assistance for Public Telecommunications Facilities

198

Communications Act of 1934

SEC. 390. [47 U.S.C. 390] DECLARATION OF PURPOSE.
The purpose of this subpart is to assist, through matching grants, in theplanning and construction of public telecommunications facilities in order toachieve the following objectives: (1) extend delivery of public telecommunications
services to as many citizens of the United States as possible by the most efficientand economical means, including the use of broadcast and nonbroadcast
technologies; (2) increase public telecommunications services and facilities
available to, operated by, and owned by minorities and women; and (3) strengthen
the capability of existing public television and radio stations to provide public
telecommunications services to the public.
SEC. 391. [47 U.S.C. 391] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $42,000,000 for each of the fiscal
years 1992, 1993, and 1994, to be used by the Secretary of Commerce to assist in
the planning and construction of public telecommunications facilities as provided inthis subpart. Sums appropriated under this subpart for any fiscal year shall remain
available until expended for payment of grants for projects for which applications
approved by the Secretary pursuant to this subpart have been submitted withinsuch fiscal year. Sums appropriated under this subpart may be used by the
Secretary to cover the cost of administering the provisions of this subpart.
SEC. 392. [47 U.S.C. 392] GRANTS FOR CONSTRUCTION AND
PLANNING.
(a) For each project for the construction of public telecommunications
facilities there shall be submitted to the Secretary an application for a grantcontaining such information with respect to such project as the Secretary may
require, including the total cost of such project, the amount of the grant requested
for such project, and a 5-year plan outlining the applicant's projected facilities
requirements and the projected costs of such facilities requirements. Each applicant
shall also provide assurances satisfactory to the Secretary that-(1) the applicant is (A) a public broadcast station; (B) anoncommercial telecommunications entity; (C) a system of public
telecommunications entities; (D) a nonprofit foundation, corporation,
institution, or association organized primarily for educational or cultural
purposes; or (E) a State or local government (or any agency thereof), or apolitical or special purpose subdivision of a State;(2) the operation of such public telecommunication facilities will be
under the control of the applicant;(3) necessary funds to construct, operate, and maintain such public
telecommunications facilities will be available when needed;(4) such public telecommunications facilities will be used primarily

199

Communications Act of 1934
for the provision of public telecommunications services and that the use ofsuch public telecommunications facilities for purposes other than theprovision of public telecommunications services will not interfere with theprovision of such public telecommunications services as required in thispart;6(5) the applicant has participated in comprehensive planning forsuch public telecommunications facilities in the area which the applicant
proposes to serve, and such planning has included an evaluation ofalternate technologies and coordination with State educational televisionand radio agencies, as appropriate; and(6) the applicant will make the most efficient use of the grant.
(b) Upon approving any application under this section with respect to any
project for the construction of public telecommunications facilities, the Secretaryshall make a grant to the applicant in an amount determined by the Secretary,
except that such amounts shall not exceed 75 percent of the amount determined by
the Secretary to be the reasonable and necessary cost of such project.
(c) The Secretary may provide such funds as the Secretary deems necessary
for the planning of any project for which construction funds may be obtained under
this section. An applicant for a planning grant shall provide such information withrespect to such project as the Secretary may require and shall provide assurances
satisfactory to the Secretary that the applicant meets the eligible requirements ofsubsection (a) to receive construction assistance.
(d) Any studies conducted by or for any grant recipient under this section
shall be provided to the Secretary, if such studies are conducted through the use offunds received under this section.
(e) The Secretary shall establish such rules and regulations as may benecessary to carry out this subpart, including rules and regulations relating to theorder of priority in approving applications for construction projects and relating todetermining the amount of each grant for such projects.
(f) In establishing criteria for grants pursuant to section 393 and inestablishing procedures relating to the order of priority established in subsection(e) in approving applications for grants, the Secretary shall give special
consideration to applications which would increase minority and women'sownership of, operation of, and participation in public telecommunications entities.
The Secretary shall take affirmative steps to inform minorities and women of theavailability of funds under this subpart, and the localities where new public
telecommunications facilities are needed, and to provide such other assistance andinformation as may be appropriate.
(g) If, within 10 years after completion of any project for construcion of
public telecommunications facilities with respect to which a grant has been madeunder this section-(1) the applicant or other owner of such facilities ceases to be an

200Communications Act of 1934
agency, institution, foundation, corporation, association, or other entity
described in subsection (a)(1); or(2) such facilities cease to be used primarily for the provision of
public telecommunications services (or the use of such public
telecommunications facilities for purposes other than the provision of
public telecommunications services interferes with the provision of such
public telecommunications services as required in this part);
the United States shall be entitled to recover from the applicant or otherowner of such facilities the amount bearing the same ratio to the value of such
facilities at the time the applicant ceases to be such an entity or at the time of suchdetermination (as determined by agreement of the parties or by action brought in
the United States district court for the district in which such facilities are situated),as the amount of the Federal participation bore to the cost of construction of such
facilities.
(h) Each recipient of assistance under this subpart shall keep such records
as may be reasonably necessary to enable the Secretary to carry out the functionsof the Secretary under this subpart, including a complete and itemized inventory of
all public telecommunications facilities under the control of such recipient, andrecords which fully disclose the amount and the disposition by such recipient of theproceeds of such assistance, the total cost of the project in connection with whichsuch assistance is given or used, the amount and nature of that portion of the costof the project supplied by other sources, and such other records as will facilitate aneffective audit.
(i) The Secretary and the Comptroller General of the United States, or anyof their duly authorized representatives, shall have access for the purpose of audit
and examination to any books, documents, papers, and records of any recipient ofassistance under this subpart that are pertinent to assistance received under thissubpart.
SEC. 393. [47 U.S.C. 393] CRITERIA FOR APPROVAL AND
EXPENDITURES BY SECRETARY OF COMMERCE.
(a) The Secretary, in consultation with the Corporation, public
telecommunications entities, and as appropriate with others, shall estblish criteria
for making construction and planning grants. Such criteria shall be consistent withthe objectives and provisions set forth in this subpart, and shall be made available
to interested parties upon request.
(b) The Secretary shall base determinations of whether to approveapplications for grants under this subpart, and the amount of such grants, on
criteria developed pursuant to subsection (a) and designed to achieve-(1) the provision of new telecommunications facilities to extend
service to areas currently not receiving public telecommunications services;201

Communications Act of 1934(2) the expansion of the service areas of existing public
telecommunications entities;(3) the development of public telecommunications facilities owned
by, operated by, and available to minorities and women; and(4) the improvement of the capabilities of existing public broadcast
stations to provide public telecommunications services, including services
to underserved audiences such as deaf and hearing impaired individuals andblind and visually impaired individuals.
(c) Of the sums appropriated pursuant to section 391 for any fiscal year, asubstantial amount shall be available for the expansion and development of
noncommercial radio broadcast station facilities.
SEC. 393A. [47 U.S.C. 393A] LONG-RANGE PLANNING FOR
FACILITIES.
(a) The Secretary, in consultation with the Corporation, public
telecommunications entities, and as appropriate with other parties, shall develop a
long-range plan to accomplish the objectives set forth in section 390. Such plan
shall include a detailed 5-year projection of the broadcast and nonbroadcast public
telecommunications facilities required to meet such objectives, and theexpenditures necessary to provide such facilities.
Subpart B--National Endowment for Children's Educational Television
SEC. 394. [47 U.S.C. 394] ESTABLISHMENT OF NATIONALENDOWMENT.
(a) It is the purpose of this section to enhance the education of children
through the creation and production of television programming specificallydirected toward the development of fundamental intellectual skills.
(b)(1) There is established, under the direction of the Secretary, a National
Endowment for Children's Educational Television. In administering the National
Endowment, the Secretary is authorized to-(A) contract with the Corporation for the production of educational
television programming for children; and(B) make grants directly to persons proposing to create andproduce educational television programming for children.
The Secretary shall consult with the Advisory Council on Children's
Educational Television in the making of the grants or the awarding of contracts forthe purpose of making the grants.
(2) Contracts and grants under this section shall be made on the condition
that the programming shall-(A) during the first two years after its production, be made available
only to public television licensees and permittees and noncommercial

202

Communications Act of 1934
television licensees and permittees; and(B) thereafter be made available to any commercial television
licensee or permittee or cable television system operator, at a charge
established by the Secretary that will assure the maximum practicabledistribution of such programming, so long as such licensee, permittee, or
operator does not interrupt the programming with commercial
advertisements.
The Secretary may, consistent with the purpose and provisions of thissection, permit the programming to be distributed to persons using other media,
establish conditions relating to such distribution, and apply those conditions to any
contract or grant made under this section. The Secretary may waive therequirements of subparagraph (A) if the Secretary finds that neither public
television licensees and permittees nor noncommercial television licensees andpermittees will have an opportunity to air such programming in the first two years
after its production.
(c)(1) The Secretary, with the advice of the Advisory Council on Children's
Educational Television, shall establish criteria for making contracts and grants
under this section. Such criteria shall be consistent with the purpose and provisionsof this section and shall be made available to interested parties upon request. Suchcriteria shall include-(A) criteria to maximize the amount of programming that is
produced with the funds made available by the Endowment;(B) criteria to minimize the costs of-(i) selection of grantees,(ii) administering the contracts and grants, and(iii) the administrative costs of the programming production;and(C) criteria to otherwise maximize the proportion of funds madeavailable by the Endowment that are expended for the cost of programming
production.
(2) Applications for grants under this section shall be submitted to theSecretary in such form and containing such information as the Secretary shallrequire by regulation.
(d) Upon approving any application for a grant under subsection (b)(1)(B),
the Secretary shall make a grant to the applicant in an amount determined by the
Secretary, except that such amounts shall not exceed 75 percent of the amountdetermined by the Secretary to be the reasonable and necessary cost of the project
for which the grant is made.
(e)(1) The Secretary shall establish an Advisory Council on Children's
Educational Television. The Secretary shall appoint ten individuals as members of
the Council and designate one of such members to serve as Chairman.
(2) Members of the Council shall have terms of two years, and no member

203

Communications Act of 1934
shall serve for more than three consecutive terms. The members shall haveexpertise in the fields of education, psychology, child development, or television
programming, or related disciplines. Officers and employees of the United Statesshall not be appointed as members.
(3) While away from their homes or regular places of business in theperformance of duties for the Council, the members of the Council shall serve
without compensation but shall be allowed travel expenses, including per diem inlieu of subsistence, in accordance with section 5703 of title 5, United States Code.
(4) The Council shall meet at the call of the Chairman and shall advise theSecretary concerning the making of contracts and grants under this section.
(f)(1) Each recipient of a grant under this section shall keep such records as
may be reasonably necessary to enable the Secretary to carry out the Secretary's
functions under this section, including records which fully disclose the amount andthe disposition by such recipient of the proceeds of such grant, the total cost of the
project, the amount and nature of that portion of the cost of the project suppliedby other sources, and such other records as will facilitate an effective audit.
(2) The Secretary and the Comptroller General of the United States, or anyof their duly authorized representatives, shall have access for the purposes of audit
and examination to any books, documents, papers, and records of the recipient thatare pertinent to a grant received under this section.
(g) The Secretary is authorized to make such rules and regulations as may
be necessary to carry out this section, including those relating to the order ofpriority in approving applications for projects under this section or to determining
the amounts of contracts and grants for such projects.
(h) There are authorized to be appropriated $2,000,000 for fiscal year
1991, $4,000,000 for fiscal year 1992, $5,000,000 for fiscal year 1993, and$6,000,000 for fiscal year 1994 to be used by the Secretary to carry out theprovisions of this section. Sums appropriated under this subsection for any fiscal
year shall remain available for contracts and grants for projects for whichapplications approved under this section have been submitted wtihin one year after
the last day of such fiscal year.
(i) For purposes of this section-(1) the term ''educational television programming for children''means any television program which is directed to an audience of children
who are 16 years of age or younger and which is designed for theintellectual development of those children, except that such term does notinclude any television program which is directed to a general audience but
which might also be viewed by a significant number of children; and(2) the term ''person'' means an individual, partnership, association,
joint stock company, trust, corporation, or State or local governmental
entity.

204

Communications Act of 1934
Subpart C--Telecommunications Demonstrations
SEC. 395. [47 U.S.C. 395] ASSISTANCE FOR DEMONSTRATIONPROJECTS.
(a) It is the purpose of this subpart to promote the development ofnonbroadcast telecommunications facilities and services for the transmission,
distribution, and delivery of health, education, and public or social service
information. The Secretary is authorized, upon receipt of an application in suchform and containing such information as he may by regulation require, to makegrants to, and enter into contracts with, public and private nonprofit agencies,
organizations, and institutions for the purpose of carrying out telecommunications
demonstrations.
(b) The Secretary may approve an application submitted under subsection(a) if he determines that-(1) the project for which application is made will demonstrate
innovative methods or techniques of utilizing nonbroadcast
telecommunications equipment or facilities to satisfy the purpose of thissubpart;(2) demonstrations and related activities assisted under this subpartwill remain under the administration and control of the applicant;(3) the applicant has the managerial and technical capability to carryout the project for which the application is made; and(4) the facilities and equipment acquired or developed pursuant tothe application will be used substantially for the transmission, distribution,and delivery of health, education, or public or social service information.
(c) Upon approving any application under this subpart with respect to any
project, the Secretary shall make a grant to or enter into a contract with theapplicant in an amount determined by the Secretary not to exceed the reasonable
and necessary cost of such project. The Secretary shall pay such amount from thesums available therefor, in advance or by way of reimbursement, and in such
installments consistent with established practice, as he may determine.
(d) Funds made available pursuant to this subpart shall not be available forthe construction, remodeling, or repair of structures to house the facilities or
equipment acquired or developed with such funds, except that such funds may be
used for minor remodeling which is necessary for and incidental to the installationof such facilities or equipment.
(e) For purposes of this section, the term ''nonbroadcast
telecommunications facilities'' includes, but is not limited to, cable televisionsystems, communications satellite systems and related terminal equipment, andother modes of transmitting, emitting, or receiving images and sounds or
intelligence by means of wire, radio, optical, electromagnetic or other means.
(f) The funding of any demonstration pursuant to this subpart shall205

Communications Act of 1934
continue for not more than 3 years from the date of the original grant or contract.
(g) The Secretary shall require that the recipient of a grant or contract
under this subpart submit a summary and evaluation of the results of thedemonstration at least annually for each year in which funds are received pursuant
to this section.
(h)(1) Each recipient of assistance under this subpart shall keep suchrecords as may be reasonably necessary to enable the Secretary to carry out the
Secretary's functions under this subpart, including records which fully disclose theamount and the disposition by such recipient of the proceeds of such assistance,
the total cost of the project or undertaking in connection with which suchassistance is given or used, the amount and nature of that portion of the cost of the
project or undertaking supplied by other sources, and such other records as will
facilitate an effective audit.
(2) The Secretary and the Comptroller General of the United States, or anyof their duly authorized representatives, shall have access for the purposes of audit
and examination to any books, documents, papers, and records of the recipient thatare pertinent to assistance received under this subpart.
(i) The Secretary is authorized to make such rules and regulations as may
be necessary to carry out this subpart, including regulations relating to the order ofpriority in approving applications for projects under this subpart or to determining
the amounts of grants for such projects.
(j) The Commission is authorized to provide such assistance in carrying out
the provisions of this subpart as may be requested by the Secretary. The Secretaryshall provide for close coordination with the Commission in the administration of
the Secretary's functions under this subpart which are of interest to or affect thefunctions of the Commission. The Secretary shall provide for close coordination
with the Corporation in the administration of the Secretary's functions udner thissubpart which are of interest to or affect the functions of the Corporation.
(k) There are authorized to be appropriated $1,000,000 for each of the
fiscal years 1979, 1980, and 1981, to be used by the Secretary to carry out theprovisions of this subpart. Sums appropriated under this subsection for any fiscal
year shall remain available for payment of grants or contracts for projects forwhich applications approved under this subpart have been submitted within one
year after the last day of such fiscal year.
Subpart D--Corporation for Public Broadcasting
SEC. 396. [47 U.S.C. 396] DECLARATION OF POLICY.
(a) The Congress hereby finds and declares that-(1) it is in the public interest to encourage the growth anddevelopment of public radio and television broadcasting, including the useof such media for instructional, educational, and cultural purposes;

206

Communications Act of 1934(2) it is in the public interest to encourage the growth anddevelopment of nonbroadcast telecommunications technologies for thedelivery of public telecommunications services;(3) expansion and development of public telecommunications andof diversity of its programming depend on freedom, imagination, andinitiative on both local and national levels;(4) the encouragement and support of public telecommunications,while matters of importance for private and local development, are also of
appropriate and important concern to the Federal Government;(5) it furthers the general welfare to encourage public
telecommunications services which will be responsive to the interests ofpeople both in particular localities and throughout the United States, which
will constitute an expression of diversity and excellence, and which will
constitute a source of alternative telecommunications services for all thecitizens of the Nation;(6) it is in the public interest to encourage the development ofprogramming that involves creative risks and that addresses the needs ofunserved and underserved audiences, particularly children and minorities;(7) it is necessary and appropriate for the Federal Government tocomplement, assist, and support a national policy that will most effectively
make public telecommunications services available to all citizens of theUnited States;(8) public television and radio stations and public
telecommunications services constitute valuable local community resources
for utilizing electronic media to address national concerns and solve local
problems through community programs and outreach programs;(9) it is in the public interest for the Federal Government to ensurethat all citizens of the United States have access to public
telecommunications services through all appropriate available
telecommunications distribution technologies; and(10) a private corporation should be created to facilitate thedevelopment of public telecommunications and to afford maximum
protection from extraneous interference and control.
Corporation Established(b) There is authorized to be established a nonprofit corporation, to be
known as the ''Corporation for Public Broadcasting'', which will not be an agency
or establishment of the United States Government. The Corporation shall be
subject to the provisions of this section, and, to the extent consistent with thissection, to the District of Columbia Nonprofit Corporation Act.
[center small caps]Board of Directors(c)(1)6The Corporation for Public Broadcasting shall have a Board of
Directors (hereinafter in this section referred to as the ''Board''), consisting of 9207

Communications Act of 1934
members appointed by the President, by and with the advice and consent of the
Senate. No more than 5 members of the Board appointed by the President may bemembers of the same political party.
(2) The 9 members of the Board appointed by the President (A) shall beselected from among citizens of the United States (not regular full-time employeesof the United States) who are eminent in such fields as education, cultural and civic
affairs, or the arts, including radio and television; and (B) shall be selected so as toprovide as nearly as practicable a broad representation of various regions of the
Nation, various professions and occupations, and various kinds of talent andexperience appropriate to the functions and responsibilities of the Corporation.
(3) Of the members of the Board appointed by the President underparagraph (1), one member shall be selected from among individuals who represent
the licensees and permittees of public television stations, and one member shall beselected from among individuals who represent the licensees and permittees ofpublic radio stations.
(4) The members of the initial Board of Directors shall serve as
incorporators and shall take whatever actions are necessary to establish the
Corporation under the District of Columbia Nonprofit Corporation Act.
(5) The term of office of each member of the Board appointed by the
President shall be 6 years, except as provided in section 5(c) of the Public
Telecommunications Act of 1992. Any member whose term has expired may serve
until such member's successor has taken office, or until the end of the calendar year
in which such member's term has expired, whichever is earlier. Any member
appointed to fill a vacancy occurring prior to the expiration of the term for whichsuch member's predecessor was appointed shall be appointed for the remainder ofsuch term. No member of the Board shall be eligible to serve in excess of 2
consecutive full terms.
(6) Any vacancy in the Board shall not affect its power, but shall be filled in
the manner consistent with this Act.
(7) Members of the Board shall attend not less than 50 percent of all duly
convened meetings of the Board in any calendar year. A member who fails to meetthe requirement of the preceding sentence shall forfeit membership and thePresident shall appoint a new member to fill such vacancy not later then 30 days
after such vacancy is determined by the Chairman of the Board.
Election of Chairman and Vice Chairman; Compensation(d)(1) Members of the Board shall annually elect one of their members to
be Chairman and elect one or more of their members as a Vice Chairman or Vice
Chairmen.
(2) The members of the Board shall not, by reason of such membership, bedeemed to be officers or employees of the United States. They shall, while
attending meetings of the Board or while engaged in duties related to suchmeetings or other activities of the Board pursuant to this subpart, be entitled to208Communications Act of 1934
receive compensation at the rate of $150 per day, including traveltime. No Board
member shall receive compensation of more than $10,000 in any fiscal year. Whileaway from their homes or regular places of business, Board members shall beallowed travel and actual, reasonable, and necessary expenses.
Officers and Employees(e)(1) The Corporation shall have a President, and such other officers as
may be named and appointed by the Board for terms and at rates of compensation
fixed by the Board. No officer or employee of the Corporation may becompensated by the Corporation at an annual rate of pay which exceeds the rate ofbasic pay in effect from time to time for level I of the Executive Schedule under
section 5312 of title 5, United States Code. No individual other than a citizen of
the United States may be an officer of the Corporation. No officer of the
Corporation, other than the Chairman or a Vice Chairman, may receive any salaryor other compensation (except for compensation for services on boards of
directors of other organizations that do not receive funds from the Corporation, on
committees of such boards, and in similar activities for such organizations) fromany sources other than the Corporation for services rendered during the period of
his or her employment by the Corporation. Service by any officer on boards of
directors of other organizations, on committees of such boards, and in similar
activities for such organizations shall be subject to annual advance approval by the
Board and subject to the provisions of the Corporation's Statement of EthicalConduct. All officers shall serve at the pleasure of the Board.
(2) Except as provided in the second sentence of subsection (c)(1) of thissection, no political test or qualification shall be used in selecting, appointing,promoting, or taking other personnel actions with respect to officers, agents, andemployees of the Corporation.
Nonprofit and Nonpolitical Nature of the Corporation(f)(1) The Corporation shall have no power to issue any shares of stock, orto declare or pay any dividends.
(2) No part of the income or assets of the Corporation shall inure to thebenefit of any director, officer, employee, or any other individual except as salaryor reasonable compensation for services.
(3) The Corporation may not contribute to or otherwise support any
political party or candidate for elective public office.
Purposes and Activities of Corporation(g)(1) In order to achieve the objectives and to carry out the purposes ofthis subpart, as set out in subsection (a), the Corporation is authorized to-(A) facilitate the full development of public telecommunications inwhich programs of high quality, diversity, creativity, excellence, andinnovation, which are obtained from diverse sources, will be made available
to public telecommunications entities, with strict adherence to objectivity
and balance in all programs or series of programs of a controversial nature;209

Communications Act of 1934(B) assist in the establishment and development of one or moreinterconnection systems to be used for the distribution of public
telecommunications services so that all public telecommunications entities
may disseminate such services at times chosen by the entities;(C) assist in the establishment and development of one or more
systems of public telecommunications entities throughout the UnitedStates; and(D) carry out its purposes and functions and engage in its activities
in ways that will most effectively assure the maximum freedom of the
public telecommunications entities and systems from interference with, or
control of, program content or other activities.
(2) In order to carry out the purposes set forth in subsection (a), theCorporation is authorized to-(A) obtain grants from and make contracts with individuals andwith private, State, and Federal agencies, organizations, and institutions;(B) contract with or make grants to public telecommunications
entities, national, regional, and other systems of public telecommunications
entities, and independent producers and production entities, for the
production or acquisition of public telecommunications services to be madeavailable for use by public telecommunications entities, except that-(i) to the extent practicable, proposals for the provision ofassistance by the Corporation in the production or acquisition ofprograms or series of programs shall be evaluated on the basis ofcomparative merit by panels of outside experts, representing diverse
interests and perspectives, appointed by the Corporation; and(ii) nothing in this subparagraph shall be construed toprohibit the exercise by the Corporation of its prudent businessjudgement with respect to any grant to assist in the production or
acquisition of any program or series of programs recommended byany such panel;(C) make payments to existing and new public telecommunications
entities to aid in financing the production or acquisition of public
telecommunications services by such entities, particularly innovative
approaches to such services, and other costs of operation of such entities;(D) establish and maintain, or contribute to, a library and archivesof noncommercial educational and cultural radio and television programs
and related materials and develop public awareness of, and disseminate
information about, public telecommunications services by various means,including the publication of a journal;(E) arrange, by grant to or contract with appropriate public or
private agencies, organizations, or institutions, for interconnection facilities
suitable for distribution and transmission of public telecommunications

210

Communications Act of 1934
services to public telecommunications entities;(F) hire or accept the voluntary services of consultants, experts,
advisory boards, and panels to aid the Corporation in carrying out the
purposes of this subpart;(G) conduct (directly or through grants or contracts) research,demonstrations, or training in matters related to public television or radio
broadcasting and the use of nonbroadcast communications technologies forthe dissemination of noncommercial educational and cultural television orradio programs;(H) make grants or contracts for the use of nonbroadcast
telecommunications technologies for the dissemination to the public ofpublic telecommunications services; and(I) take such other actions as may be necessary to accomplish the
purposes set forth in subsection (a).
Nothing contained in this paragraph shall be construed to commit the Federal
Government to provide any sums for the payment of any obligation of the
Corporation which exceeds amounts provided in advance in appropriation Acts.
(3) To carry out the foregoing purposes and engage in the foregoing
activities, the Corporation shall have the usual powers conferred upon a nonprofit
corporation by the District of Columbia Nonprofit Corporation Act (D.C. Code,sec. 29-1001 et seq.), except that the Corporation is prohibited from-(A) owning or operating any television or radio broadcast station,system, or network, community antenna television system, interconnection
system or facility, program production facility, or any public
telecommunications entity, system, or network; and(B) producing programs, scheduling programs for dissemination, or
disseminating programs to the public.
(4) All meetings of the Board of Directors of the Corporation, including
any committee of the Board, shall be open to the public under such terms,
conditions, and exceptions as are set forth in subsection (k)(4).
(5) The Corporation, in consultation with interested parties, shall create a
5-year plan for the development of public telecommunications services. Such plan
shall be updated annually by the Corporation.
Interconnection Service(h)(1) Nothing in this Act, or in any other provision of law, shall be
construed to prevent United States communications common carriers fromrendering free or reduced rate communications interconnection services for public
television or radio services, subject to such rules and regulations as theCommission may prescribe.
(2) Subject to such terms and conditions as may be established by public
telecommunications entities receiving space satellite interconnection facilities orservices purchased or arranged for, in whole or in part, with funds authorized211

Communications Act of 1934
under this part, other public telecommunications entities shall have reasonable
access to such facilities or services for the distribution of educational and cultural
programs to public telecommunications entities. Any remaining capacity shall bemade available to other persons for the transmission of noncommercial educationaland cultural programs and program information relating to such programs, topublic telecommunications entities, at a charge or charges comparable to thecharge or charges, if any, imposed upon a public telecommunciations entity for the
distribution of noncommercial educational and cultural programs to public
telecommunications entities. No such person shall be denied such access whenever
sufficient capacity is available.
Report to Congress(i)(1) The Corporation shall submit an annual report for the preceding
fiscal year ending September 30 to the President for transmittal to the Congress onor before the 15th day of May of each year. The report shall include-(A) a comprehensive and detailed report of the Corporation's
operations, activities, financial condition, and accomplishments under thissubpart and such recommendations as the Corporation deems appropriate;(B) a comprehensive and detailed inventory of funds distributed byFederal agencies to public telecommunications entities during the preceding
fiscal year;(C) a listing of each organization that receives a grant from the
Corporation to produce programming, the name of the producer of any
programming produced under each such grant, the title or description of
any program so produced, and the amount of each such grant;(D) the summary of the annual report provided to the Secretarypursuant to section 398(b)(4).
(2) The officers and directors of the Corporation shall be available to testify
before appropriate committees of the Congress with respect to such report, thereport of any audit made by the Comptroller General pursuant to subsection (1), or
any other matter which such committees may determine.
Right to Repeal, Alter, or Amend(j) The right to repeal, alter, or amend this section at any time is expressly
reserved.
Financing; Open Meetings and Financial Records(k)(1)(A) There is hereby established in the Treasury a fund which shall beknown as the Public Broadcasting Fund (hereinafter in this subsection referred toas the ''Fund''), to be administered by the Secretary of the Treasury.
(B) There is authorized to be appropriated to the Fund, for each of the
fiscal years 1978, 1979 and 1980, an amount equal to 40 percent of the total
amount of non-Federal financial support received by public broadcasting entities
during the fiscal year second preceding each such fiscal year, except that theamount so appropriated shall not exceed $121,000,000 for fiscal year 1978,212

Communications Act of 1934
$140,000,000 for fiscal year 1979, and $160,000,000 for fiscal year 1980.
(C) There is authorized to be appropriated to the Fund, for each of the
fiscal years 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991,
1992, and 1993, an amount equal to 40 percent of the total amount of non-Federal
financial support received by public broadcasting entities during the fiscal year
second preceding each such fiscal year, except that the amount so appropriatedshall not exceed $265,000,000 for fiscal year 1992, $285,000,000 for fiscal year
1993, $310,000,000 for fiscal year 1994, $375,000,000 for fiscal year 1995, and$425,000,000 for fiscal year 1996.
(D) Funds appropriated under this subsection shall remain available until
expended.
(E) In recognition of the importance of educational programs and services,and the expansion of public radio services, to unserved and underserved audiences,
the Corporation, after consultation with the system of public telecommunications
entities, shall prepare and submit to the Congress an annual report for each of the
fiscal years 1994, 1995, and 1996 on the Corporation's activities and expenditures
relating to those programs and services.
(2)(A) The funds authorized to be appropriated by this subsection shall be
used by the Corporation, in a prudent and financially responsible manner, solely for
its grants, contracts, and administrative costs, except that the Corporation may notuse any funds appropriated under this subpart for purposes of conducting any
reception, or providing any other entertainment, for any officer or employee of theFederal Government or any State or local government. The Corporation shalldetermine the amount of non-Federal financial support received by publicbroadcasting entities during each of the fiscal years referred to in paragraph (1) forthe purpose of determining the amount of each authorization, and shall certify suchamount to the Secretary of the Treasury, except that the Corporation may include
in its certification non-Federal financial support received by a public broadcasting
entity during its most recent fiscal year ending before September 30 of the year forwhich certification is made. Upon receipt of such certification, the Secretary of theTreasury shall make available to the Corporation, from such funds as may beappropriated to the Fund, the amount authorized for each of the fiscal years
pursuant to the provisions of this subsection.
(B) Funds appropriated and made available under this subsection shall be
disbursed by the Secretary of the Treasury on a fiscal year basis.
(3)(A)(i) The Corporation shall establish an annual budget for use inallocating amounts from the Fund. Of the amounts appropriated into the Fundavailable for allocation for any fiscal year-(I) $10,200,000 shall be available for the administrative expenses of
the Corporation for fiscal year 1989, and for each succeeding fiscal year
the amount which shall be available for such administrative expenses shallbe the sum of the amount made available to the Corporation under this213

Communications Act of 1934
subclause for such expenses in the preceding fiscal year plus the greater of
4 percent of such amount or a percentage of such amount equal to thepercentage change in the Consumer Price Index, except that none of theamounts allocated under subclauses (II), (III), and (IV) and clause (v) shallbe used for any administrative expenses of the Corporation and not morethan 5 percent of all the amounts appropriated into the Fund available forallocation for any fiscal year shall be available for such administrative
expenses;(II) 6 percent of such amounts shall be available for expenses
incurred by the Corporation for capital costs relating totelecommunications satellites, the payment of programming royalties andother fees, the costs of interconnection facilities and operations (asprovided in clause (iv)(I)), and grants which the Corporation may make forassistance to stations that broadcast programs in languages other thanEnglish or for assistance in the provision of affordable training programsfor employees at public broadcast stations, and if the available funding level
permits, for projects and activities that will enhance public broadcasting;(III) 75 percent of the remainder (after allocations are made undersubclause (I) and subclause (II)) shall be allocated in accordance withclause (ii);(IV) 25 percent of such remainder shall be allocated in accordancewith clause (iii).
(ii) Of the amounts allocated under clause (i)(III) for any fiscal year-(I) 75 percent of such amounts shall be available for distribution
among the licensees and permittees of public television stations pursuant toparagraph (6)(B); and(II) 25 percent of such amounts shall be available for distribution
under subparagraph (B)(i), and in accordance with any plan implemented
under paragraph (6)(A), for national public television programming.
(iii) Of the amounts allocated under clause (i)(IV) for any fiscal year-(I) 70 percent of such amounts shall be available for distribution
among the licensees and permittees of public radio stations pursuant toparagraph (6)(B);(II) 7 percent of such amounts shall be available for distribution
under subparagraph (B)(i) for public radio programming; and(III) 23 percent of such amounts shall be available for distribution
among the licensees and permittees of public radio stations pursuant toparagraph (6)(B), solely to be used for acquiring or producing
programming that is to be distributed nationally and is designed to serve
the needs of a national audience.
(iv)(I) From the amount provided pursuant to clause (i)(II), theCorporation shall defray an amount equal to 50 percent of the total costs of214

Communications Act of 1934
interconnection facilities and operations to facilitate the availability of public
television and radio programs among public broadcasts stations.
(II) Of the amounts received as the result of any contract, lease agreement,or any other arrangement under which the Corporation directly or indirectly makes
available interconnection facilities, 50 percent of such amounts shall be distributed
to the licensees and permittees of public television stations and public radio
stations. The Corporation shall not have any authority to establish any
requirements, guidelines, or limitations with respect to the use of such amounts bysuch licensees and permittees.
(v) Of the interest on the amounts appropriated into the Fund which isavailable for allocation for any fiscal year-(I) 75 percent shall be available for distribution for the purposes
referred to in clause (ii)(II); and(II) 25 percent shall be available for distribution for the purposes
referred to in clause (ii)(II) and (III).
(B)(i) The Corporation shall utilize the funds allocated pursuant to
subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II) to make grants for
production of public television or radio programs by independent producers andproduction entities and public telecommunications entities, producers of nationalchildren's educational programming, and producers of programs addressing theneeds and interest of minorities, and for acquisition of such programs by public
telecommunications entities. The Corporation may make grants to public
telecommunications entities and producers for the production of programs inlanguages other than English. Of the funds utilized pursuant to this clause, asubstantial amount shall be distributed to independent producers and production
entities, producers of national children's educational programming, and producers
of programming addressing the needs and interests of minorities for the productionof programs.
(ii) All funds available for distribution under clause (i) shall be distributed
to entities outside the Corporation and shall not be used for the generaladministrative costs of the Corporation, the salaries or related expenses ofCorporation personnel and members of the Board, or for expenses of consultants
and advisers to the Corporation.
(iii)(I) For fiscal year 1990 and succeeding fiscal years, the Corporation
shall, in carrying out its obligations under clause (i) with respect to public
television programming, provide adequate funds for an independent production
service.
(II) Such independent production service shall be separate from the
Corporation and shall be incorporated under the laws of the District of Columbia
for the purpose of contracting with the Corporation for the expenditure of funds
for the production of public television programs by independent producers andindependent production entities.

215

Communications Act of 1934
(III) The Corporation shall work with organizations or associations of
independent producers or independent production entities to develop a plan andbudget for the operation of such service that is acceptable to the Corporation.
(IV) The Corporation shall ensure that the funds provided to such
independent production service shall be used exclusively in pursuit of the
Corporation's obligation to expand the diversity and innovativeness ofprogramming available to public broadcasting.
(V) The Corporation shall report annually to Congress regarding theactivities and expenditures of the independent production service, including
carriage and viewing information for programs produced or acquired with funds
provided pursuant to subclause (I). At the end of fiscal years 1992, 1993, 1994,
and 1995, the Corporation shall submit a report to Congress evaluating theperformance of the independent production service in light of its mission to expand
the diversity and innovativeness of programming available to public broadcasting.
(VI) The Corporation shall not contract to provide funds to any such
independent production service, unless that service agrees to comply with public
inspection requirements established by the Corporation within 3 months after thedate of enactment of this subclause. Under such requirements the service shallmaintain at its offices a public file, updated regularly, containing information
relating to the service's award of funds for the production of programming. The
information shall be available for public inspection and copying for at least 3 years
and shall be of the same kind as the information required to be maintained by the
Corporation under subsection (l)(4)(B).
(4) Funds may not be distributed pursuant to this subsection to the Public
Broadcasting Service or National Public Radio (or any successor organization), or
to the licensee or permittee of any public broadcast station, unless the governing
body of any such organization, any committee of such governing body, or any
advisory body of any such organization, holds open meetings preceded byreasonable notice to the public. All persons shall be permitted to attend any
meeting of the board, or of any such committee or body, and no person shall be
required, as a condition to attendance at any such meeting, to register such
person's name or to provide any other information. Nothing contained in thisparagraph shall be construed to prevent any such board, committee, or body fromholding closed sessions to consider matters relating to individual employees,
proprietary information, litigation and other matters requiring the confidential
advice of counsel, commercial or financial information obtained from a person on a
privileged or confidential basis, or the purchase of property or services whenever
the premature exposure of such purchase would compromise the business interestsof any such organization. If any such meeting is closed pursuant to the provisionsof this paragraph, the organization involved shall thereafter (within a reasonable
period of time) make available to the public a written statement containing an
explanation of the reasons for closing the meeting.

216

Communications Act of 1934
(5) Funds may not be distributed pursuant to this subsection to any public
telecommunications entity that does not maintain for public examination copies of
the annual financial and audit reports, or other information regarding finances,submitted to the Corporation pursuant to subsection (1)(3)(B).
(6)(A) The Corporation shall conduct a study and prepare a plan in
consultation with public television licensees (or designated representatives of thoselicensees) and the Public Broadcasting Service, on how funds available to the
Corporation under paragraph (3)(A)(ii)(II) can be best allocated to meet theobjectives of this Act with regard to national public television programming. The
plan, which shall be based on the conclusions resulting from the study, shall be
submitted by the Corporation to the Congress not later than January 31, 1990.
Unless directed otherwise by an Act of Congress, the Corporation shall implement
the plan during the first fiscal year beginning after the fiscal year in which the planis submitted to Congress.
(B) The Corporation shall make a basic grant from the portion reserved fortelevision stations under paragraph (3)(A)(ii)(I) to each licensee and permittee of apublic television station that is on the air. The Corporation shall assist radio
stations to maintain and improve their service where public radio is the only
broadcast service available. The balance of the portion reserved for television
stations and the total portion reserved for radio stations under paragraph(3)(A)(iii)(I) shall be distributed to licensees and permittees of such stations inaccordance with eligibility criteria (which the Corporation shall review periodicallyin consultation with public radio and television licensees or permittees, or theirdesignated representatives) that promote the public interest in public broadcasting,and on the basis of a formula designed to-(i) provide for the financial needs and requirements of stations inrelation to the communities and audiences such stations undertake to serve;(ii) maintain existing, and stimulate new, sources of non-Federal
financial support for stations by providing incentives for increases in suchsupport; and(iii) assure that each eligible licensee and permittee of a public radio
station receives a basic grant.
(7) The funds distributed pursuant to paragraph (3)(A)(ii)(I) and (iii)(I)
may be used at the discretion of the recipient for purposes related primarily to the
production or acquisition of programming.
(8)(A) Funds may not be distributed pursuant to this subpart to any publicbroadcast station (other than any station which is owned and operated by a state, apolitical or special purpose subdivision of a state or a public agency) unless suchstation establishes a community advisory board. Any such station shall undertake
good faith efforts to assure that (i) its advisory board meets at regular intervals; (ii)the members of its advisory board regularly attend the meetings of the advisoryboard; and (iii) the composition of its advisory board are reasonably representative

217

Communications Act of 1934of the diverse needs and interests of the communities served by such station.
(B) The board shall be permitted to review the programming goals
established by the station, the service provided by the station, and the significant
policy decisions rendered by the station. The board may also be delegated anyother responsibilities, as determined by the governing body of the station. The
board shall advise the governing body of the station with respect to whether the
programming and other policies of such station are meeting the specialized
educational and cultural needs of the communities served by the station, and may
make such recommendations as it considers appropriate to meet such needs.
(C) The role of the board shall be solely advisory in nature, except to theextent other responsibilities are delegated to the board by the governing body ofthe station. In no case shall the board have any authority to exercise any control
over the daily management or operation of the station.
(D) In the case of any public broadcast station (other than any station
which is owned and operated by a state, a political or special purpose subdivisionof a State, or a public agency) in existence on the effective date of this paragraph,such station shall comply with the requirements of this paragraph with respect tothe establishment of a community advisory board not later than 180 days after such
effective date.
(E) The provision of subparagraph (A) prohibiting the distribution of funds
to any public broadcast station (other than any station which is owned andoperated by a State, a political or special purpose subdivision of a State, or apublic agency) unless such station establishes a community advisory board shall be
the exclusive remedy for the enforcement of the provisions of this paragraph.
(9) Funds may not be distributed pursuant to this subsection to the Public
Broadcasting Service or National Public Radio (or any successor organization)
unless assurances are provided to the Corporation that no officer or employee of
the Public Broadcasting Service or National Public Radio (or any successor
organization), as the case may be, will be compensated at an annual rate of pay
which exceeds the rate of basic pay in effect from time to time for level I of the
Executive Schedule under section 5312 of title 5, United States Code, and unlessfurther assurances are provided to the Corporation that no officer or employee ofsuch an entity will be loaned money by that entity on an interest-free basis.
(10)(A) There is hereby established in the Treasury a fund which shall beknown as the Public Broadcasting Satellite Interconnection Fund (hereinafter inthis subsection referred to as the ''Satellite Interconnection Fund''), to beadministered by the Secretary of the Treasury.
(B) There is authorized to be appropriated to the Satellite Interconnection
Fund, for fiscal year 1991, the amount of $200,000,000. If such amount is not
appropriated in full for fiscal year 1991, the portion of such amount not yet
appropriated is authorized to be approriated for fiscal years 1992 and 1993. Funds
appropriated to the Satellite Interconnection Fund shall remain available until

218

Communications Act of 1934
expended.
(C) The Secretary of the Treasury shall make available and disburse to the
Corporation, at the beginning of fiscal year 1991 and of each succeeding fiscal year
thereafter, such funds as have been appropriated to the Satellite Interconnection
Fund for the fiscal year in which such disbursement is to be made.
(D) Notwithstanding any other provision of this subsection except
paragraphs (4), (5), (8), and (9), all funds appropriated to the Satellite
Interconnection Fund and interest thereon-(i) shall be distributed by the Corporation to the licensees andpermittees of noncommercial educational television broadcast stations
providing public telecommunications services or the national entity they
designate for satellite interconnection purposes and to those public
telecommunications entities participating in the public radio satelliteinterconnection system or the national entity they designate for satelliteinterconnection purposes, exclusively for the capital costs of thereplacement, refurbishment, or upgrading of their national satelliteinterconnection systems and associated maintenance of such systems; and(ii) shall not be used for the administrative costs of the Corporation,
the salaries or related expenses of Corporation personnel and members of
the Board, or for expenses of consultants and advisers to the Corporation.
(11)(A) Funds may not be distributed pursuant to this subsection for any
fiscal year to the licensee or permittee of any public broadcast station if suchlicensee or permittee-(i) fails to certify to the Corporation that such licensee or permittee
complies with the Commission's regulations concerning equal employment
opportunity as published under section 73.2080 of title 47, Code of Federal
Regulations, or any successor regulations thereto; or(ii) fails to submit to the Corporation the report required bysubparagraph (B) for the preceding calendar year.
(B) A licensee or permittee of any public broadcast station with more than
five full-time employees to file annually with the Corporation a statistical report,
consistent with reports required by Commission regulation, identifying by race andsex the number of employees in each of the following full-time and part-time job
categories:(i) Officials and managers.
(ii) Professionals.
(iii) Technicians.
(iv) Semiskilled operatives.
(v) Skilled craft persons.
(vi) Clerical and office personnel.
(vii) Unskilled operatives.
(viii) Service workers.

219

Communications Act of 1934
(C) In addition, such report shall state the number of job openings
occurring during the course of the year. Where the job openings were filled inaccordance with the regulations described in subparagraph (A)(i), the report shallso certify, and where the job openings were not filled in accordance with such
regulations, the report shall contain a statement providing reasons therefor. The
statistical report shall be available to the public at the central office and at every
location where more than five full-time employees are regularly assigned to work.
Records and Audit(l)(1)(A) The accounts of the Corporation shall be audited annually inaccordance with generally accepted auditing standards by independent certified
public accountants or independent licensed public accountants certified or licensed
by a regulatory authority of a State or other political subdivision of the UnitedStates, except that such requirements shall not preclude shared auditingarrangements between any public telecommunications entity and its licensee wheresuch licensee is a public or private institution. The audits shall be conducted at theplace or places where the accounts of the Corporation are normally kept. Allbooks, accounts, financial records, reports, files, and all other papers, things, orproperty belonging to or in use by the Corporation and necessary to facilitate theaudits shall be made available to the person or persons conducting the audits; andfull facilities for verifying transactions with the balances or securities held bydepositories, fiscal agents and custodians shall be afforded to such person or
persons.
(B) The report of each such independent audit shall be included in theannual report required by subsection (i) of this section. The audit report shall set
forth the scope of the audit and include such statements as are necessary to present
fairly the Corporation's assets and liabilities, surplus or deficit, with an analysis of
the changes therein during the year, supplemented in reasonable detail by astatement of the Corporation's income and expenses during the year, and astatement of the sources and application of funds, together with the independent
author's opinion of those statements. (2)(A) The financial transactions of the
Corporation for any fiscal year during which Federal funds are available to financeany portion of its operations may be audited by the General Accounting Office inaccordance with the principles and procedures applicable to commercial corporatetransactions and under such rules and regulations as may be prescribed by theComptroller General of the United States. Any such audit shall be conducted at theplace or places where accounts of the Corporation are normally kept. The
representative of the General Accounting Office shall have access to all books,
accounts, records, reports, files, and all other papers, things, or property belonging
to or in use by the Corporation pertaining to its financial transactions andnecessary to facilitate the audit, and they shall be afforded full facilities forverifying transactions with the balances or securities held by depositories, fiscal
agents, and custodians. All such books, accounts, records, reports, files, papers

220Communications Act of 1934and property of the Corporation shall remain in possession and custody of the
Corporation.
(B) A report of each such audit shall be made by the Comptroller General
to the Congress. The report to the Congress shall contain such comments andinformation as the Comptroller General may deem necessary to inform Congress ofthe financial operations and condition of the Corporation, together with such
recommendations with respect thereto as he may deem advisable. The report shallalso show specifically any program, expenditure, or other financial transaction orundertaking observed in the course of the audit, which, in the opinion of theComptroller General, has been carried on or made without authority of law. A
copy of each report shall be furnished to the President, to the Secretary, and to the
Corporation at the time submitted to the Congress.
(3)(A) Not later than 1 year after the effective date of this paragraph, theCorporation, in consultation with the Comptroller General, and as appropriate withothers, shall develop accounting principles which shall be used uniformly by all
public telecommunications entities receiving funds under this subpart, taking into
account organizational differences among various categories of such entites. Such
principles shall be designed to account fully for all funds received and expended for
public telecommunications purposes by such entities.
(B) Each public telecommunications entity receiving funds under thissubpart shall be required-(i) to keep its books, records, and accounts in such form as may berequired by the Corporation;(ii)(I) to undergo a biennial audit by independent certified public
accountants or independent licensed public accountants certified or licensed
by a regulatory authority of a State, which audit shall be in accordance withauditing standards developed by the Corporation, in consultation with theComptroller General; or(II) to submit a financial statement in lieu of the audit required bysubclause (I) if the Corporation determines that the cost burden of suchaudit on such entity is excessive in light of the financial condition of such
entity; and(iii) to furnish biennuially to the Corporation a copy of the audit
report required pursuant to the clause (ii), as well as such other information
regarding finances (including an annual financial report) as the Corporation
may require.
(C) Any recipient of assistance by grant or contract under this section,other than a fixed price contract awarded pursuant to competitive bidding
procedures, shall keep such records as may be reasonably necessary to disclose
fully the amount and the disposition by such recipient of such assistance, that total
cost of the project or undertaking in connection with which such assistance isgiven or used, and the amount and nature of that portion of the cost of the projects

221

Communications Act of 1934or undertaking supplied by other sources, and such other records as will facilitate
an effective audit.
(D) The Corporation or any of its duly authorized representatives shallhave access to any books, documents, papers, and records of any recipient ofassistance for the purpose of auditing and examining all funds received or
expended for public telecommunications purposes by the recipient. The
Comptroller General of the United States or any of his duly authorized
representatives also shall have access to such books, documents, papers, andrecords for the purpose of auditing and examining all funds received or expended
for public telecommunications purposes during any fiscal year for which Federal
funds are available to the Corporation.
(4)(A) The Corporation shall maintain the information described insubparagraphs (B), (C), and (D) at its offices for public inspection and copying forat least 3 years, according to such reasonable guidelines as the Corporation may
issue. This public file shall be updated regularly. This paragraph shall be effective
upon its enactment and shall apply to all grants awarded after January 1, 1993.
(B) Subsequent to any award of funds by the Corporation for the
production or acquisition of national broadcasting programming pursuant tosubsection (k)(3)(A) (ii)(II) or (iii)(II), the Corporation shall make available forpublic inspection the following:(i) Grant and solicitation guidelines for proposals for suchprogramming.
(ii) The reasons for selecting the proposal for which the award was
made.
(iii) Information on each program for which the award was made,including the names of the awardee and producer (and if the awardee or
producer is a corporation or partnership, the principals of such corporationor partnership), the monetary amount of the award, and the title anddescription of the program (and of each program in a series of programs).
(iv) A report based on the final audit findings resulting from any
audit of the award by the Corporation or the Comptroller General.
(v) Reports which the Corporation shall require to be provided by
the awardee relating to national public broadcasting programming funded,
produced, or acquired by the awardee with such funds. Such reports shall
include, where applicable, the information described in clauses (i), (ii), and(iii), but shall exclude proprietary, confidential, or privileged information.
(C) The Corporation shall make available for public inspection the final
report required by the Corporation on an annual basis from each recipient of funds
under subsection (k)(3)(A)(iii)(III), excluding proprietary, confidential, or
privileged information.
(D) The Corporation shall make available for public inspection an annuallist of national programs distributed by public broadcasting entities that receive

222

Communications Act of 1934
funds under subsection (k)(3)(A) (ii)(III) or (iii)(II) and are engaged primarily inthe national distribution of public television or radio programs. Such list shall
include the names of the programs (or program series), producers, and providersof funding.
(m)(1) Prior to July 1, 1989, and every three years thereafter, theCorporation shall compile an assessment of the needs of minority and diverse
audiences, the plans of public broadcasting entities and public telecommunications
entities to address such needs, the ways radio and television can be used to help
these underrepresented groups, and projections concerning minority employment
by public broadcasting entities and public telecommunications entities. Suchassessment shall address the needs of racial and ethnic minorities, new immigrant
populations, people for whom English is a second language, and adults who lackbasic reading skills.
(2) Commencing July 1, 1989, the Corporation shall prepare an annual
report on the provision by public broadcasting entities and public
telecommunications entities of service to the audiences described in paragraph (1).
Such report shall address programming (including that which is produced byminority producers), training, minority employment, and efforts by the Corporation
to increase the number of minority public radio and television stations eligible forfinancial support from the Corporation. Such report shall include a summary of thestatistical reports received by the Corporation pursuant to subsection (k)(11), anda comparison of the information contained in those reports with the information
submitted by the Corporation in the previous year's annual report.
(3) As soon as they have been prepared, each assessment and annual reportrequired under paragraphs (1) and (2) shall be submitted to Congress.
Subpart E--General
SEC. 397. [47 U.S.C. 397] DEFINITIONS.
For the purposes of this part-(1) The term ''construction'' (as applied to public telecommunications
facilities) means acquisition (including acquisition by lease), installation, andmodernization of public telecommunications facilities and planning and preparatory
steps incidental to any such acquisition, installation, or modernization.
(2) The term ''Corporation'' means the Corporation for Public Broadcasting
authorized to be established in subpart D.
(3) The term ''interconnection'' means the use of microwave equipment,
boosters, translators, repeaters, communication space satellites, or other apparatus
or equipment for the transmission and distribution of television or radio programs
to public telecommunications entities.
(4) The term ''interconnection system'' means any system of interconnection
facilities used for the distribution of programs to public telecommunications

223

Communications Act of 1934
entities.
(5) The term ''meeting'' means the deliberations of at least the number ofmembers of a governing or advisory body, or any committee thereof, required totake action on behalf of such body or committee where such deliberations
determine or result in the joint conduct or disposition of the governing or advisory
body's business, or the committee's business, as the case may be, but only to theextent that such deliberations relate to public broadcasting.
(6) The terms ''noncommercial educational broadcast station'' and ''publicbroadcast station'' mean a television or radio broadcast station which-(A) under the rules and regulations of the Commission in effect on
the effective date of this paragraph, is eligible to be licensed by theCommission as a noncommercial educational radio or television broadcast
station and which is owned and operated by a public agency or nonprofit
private foundation, corporation, or association; or(B) is owned and operated by a municipality and which transmits
only noncommercial programs for education purposes.
(7) The term ''noncommercial telecommunications entity'' means any
enterprise which-(A) is owned and operated by a State, a political or special purpose
subdivision of a State, a public agency, or a nonprofit private foundation,
corporation, or association; and(B) has been organized primarily for the purpose of disseminatingaudio or video noncommercial educational and cultural programs to the
public by means other than a primary television or radio broadcast station,
including, but not limited to, coaxial cable, optical fiber, broadcast
translators, cassettes, discs, microwave, or laser transmission through theatmosphere.
(8) The term ''nonprofit'' (as applied to any foundation, corporation, or
association) means a foundation, corporation, or association, no part of the net
earnings of which inures, or may lawfully inure, to the benefit of any private
shareholder or individual.
(9) The term ''non-Federal financial support'' means the total value of cash
and the fair market value of property and services (including, to the extent
provided in the second sentence of this paragraph, the personal services ofvolunteers) received-(A) as gifts, grants, bequests, donations, or other contributions forthe construction or operation of noncommercial educational broadcast
stations, or for the production, acquisition, distribution, or dissemination of
educational television or radio programs, and related activities, from any
source other than (i) the United States or any agency or instrumentality of
the United States; or (ii) any public broadcasting entity; or(B) as gifts, grants, donations, contributions, or payments from any

224

Communications Act of 1934
State, or any educational institution, for the construction or operation of
noncommercial educational broadcast stations or for the production,acquisition, distribution, or dissemination of educational television or radio
programs, or payments in exchange for services or materials with respect
to the provision of educational or instructional television or radio
programs.
Such term includes the fair market value of personal services of volunteers, as
computed using the valuation standards established by the Corporation andapproved by the Comptroller General pursuant to section 396(g)(5), but only withrespect to such services provided to public telecommunications entities after suchstandards are approved by the Comptroller General and only, with respect to suchan entity in a fiscal year, to the extent that the value of the services does notexceed 5 percent of the total non-Federal financial support of the entity in such
fiscal year.
(10) The term ''preoperational expenses'' means all nonconstruction costs
incurred by new telecommunications entities before the date on which they begin
providing service to the public, and all nonconstruction costs associated withexpansion of existing entities before the date on which such expanded capacity is
activated, except that such expenses shall not include any portion of the salaries ofany personnel employed by an operating public telecommunications entity.
(11) The term ''Public broadcasting entity'' means the Corporation, any
licensee or permittee of a public broadcast station, or any nonprofit institution
engaged primarily in the production, acquisition, distribution, or dissemination of
educational and cultural television or radio programs.
(12) The term ''public telecommunications entity'' means any enterprise
which-(A) is a public broadcast station or a noncommercial
telecommunications entity; and(B) disseminates public telecommunications services to the public.
(13) The term ''public telecommunications facilities'' means apparatus
necessary for production, interconnection, captioning, broadcast, or other
distribution of programming, including, but not limited to, studio equipment,
cameras, microphones, audio and video storage or reproduction equipment, orboth, signal processors and switchers, towers, antennas, transmitters, translators,
microwave equipment, mobile equipment, satellite communications equipment,
instructional television fixed service equipment, subsidiary communications
authorization transmitting and receiving equipment, cable television equipment,
video and audio cassettes and discs, optical fiber communications equipment, andother means of transmitting, emitting, storing, and receiving images and sounds, or
intelligence, except that such term does not include the buildings to house suchapparatus (other than small equipment shelters which are part of satellite earth
stations, translators, microwave interconnection facilities, and similar facilities).

225

Communications Act of 1934(14) The term ''public telecommunications services'' means noncommercial
educational and cultural radio and television programs, and related noncommercial
instructional or informational material that may be transmitted by means ofelectronic communications.
(15) The term ''Secretary'' means the Secretary of Commerce when suchterm is used in subpart A and subpart B, and the Secretary of Health and Human
Services when such term is used in subpart C, subpart D, and this subpart.
(16) The term ''State'' includes the District of Columbia, theCommonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, theNorthern Mariana Islands, and the Trust Territory of the Pacific Islands.
(17) The term ''system of public telecommunications entities'' means any
combination of public telecommunications entities acting cooperatively to produce,
acquire, or distribute programs, or to undertake related activities.
SEC. 398. [47 U.S.C. 398] FEDERAL INTERFERENCE OR CONTROLPROHIBITED; EQUAL EMPLOYMENT OPPORTUNITY.
(a) Nothing contained in this part shall be deemed (1) to amend any otherprovision of, or requirement under, this Act; or (2) except to the extent authorized
in subsection (b), to authorize any department, agency, officer, or employee of theUnited States to exercise any direction, supervision, or control over public
telecommunications, or over the Corporation or any of its grantees or contractors,
or over the charter or bylaws of the Corporation, or over the curriculum, programof instruction, or personnel of any educational institution, school system, or public
telecommunications entity.
(b)(1) Equal opportunity in employment shall be afforded to all persons by
the Public Broadcasting Service and National Public Radio (or any successor
organization) and by all public telecommunications entities receiving funds
pursuant to subpart C (hereinafter in this subsection referred to as ''recipients''), in
accordance with the equal employment opportunity regulations of the Commission,and no person shall be subjected to discrimination in employment by any recipienton the grounds of race, color, religion, national origin, or sex.
(2)(A) The Secretary is authorized and directed to enforce this subsection
and to prescribe such rules and regulations as may be necessary to carry out thefunctions of the Secretary under this subsection.
(B) The Secretary shall provide for close coordination with theCommission in the administration of the responsibilities of the Secretary under thissubsection which are of interest to or affect the functions of the Commission sothat, to the maximum extent possible consistent with the enforcement
responsibilities of each, the reporting requirements of public telecommunications
entities shall be uniformly based upon consistent definitions and categories of
information.
(3)(A) The Corporation shall incorporate into each grant agreement or

226

Communications Act of 1934
contract with any recipient entered into on or after the effective date of the rules
and regulations prescribed by the Secretary pursuant to paragraph (2)(A), a
statement indicating that, as a material part of the terms and conditions of the grant
agreement or contract, the recipient will comply with the provisions of paragraph(1) and the rules and regulations prescribed pursuant to paragraph (2)(A). Any
person which desires to be a recipient (within the meaning of paragraph (1)) offunds under subpart C shall, before receiving any such funds, provide to the
Corporation any information which the Corporation may require to satisfy itself
that such person is affording equal opportunity in employment in accordance withthe requirements of this subsection. Determinations made by the Corporation inaccordance with the preceding sentence shall be based upon guidelines relating toequal opportunity in employment which shall be established by rule by the
Secretary.
(B) If the Corporation is not satisfied that any such person is affording
equal opportunity in employment in accordance with the requirements of thissubsection, the Corporation shall notify the Secretary, and the Secretary shallreview the matter and make a final determination regarding whether such person isaffording equal opportunity in employment. In any case in which the Secretaryconducts a review under the preceding sentence the Corporation shall make funds
available to the person involved pursuant to the grant application of such person (ifthe Corporation would have approved such application but for the finding of the
Corporation under this paragraph) pending a final determination of the Secretary
upon completion of such review. The Corporation shall monitor the equal
employment opportunity practices of each recipient throughout the duration of the
grant or contract.
(C) The provisions of subparagraph (A) and subparagraph (B) shall takeeffect on the effective date of the rules and regulations prescribed by the Secretarypursuant to paragraph (2)(A).
(4) Based upon its responsibilities under paragraph (3), the Corporation
shall provide an annual report for the preceding fiscal year ending September 30 to
the Secretary on or before the 15th day of February of each year. The report shallcontain information in the form required by the Secretary. The Corporation shallsubmit a summary of such report to the President and the Congress as part of thereport required in section 396(i). The Corporation shall provide other informationin the form which the Secretary may require in order to carry out the functions of
the Secretary under this subsection.
(5) Whenever the Secretary makes a final determination, pursuant to therules and regulations which the Secretary shall prescribe, that a recipient is not incompliance with paragraph (1), the Secretary shall within 10 days after suchdetermination, notify the recipient in writing of such determination and request therecipient to secure compliance. Unless the recipient within 120 days after receipt ofsuch written notice--

227

Communications Act of 1934(A) demonstrates to the Secretary that the violation has beencorrected; or(B) enters into a compliance agreement approved by the Secretary;
the Secretary shall direct the Corporation to reduce or suspend any further
payments of funds under this part to the recipient and the Corporation shall comply
with such directive. Resumption of payments shall take place only when the
Secretary certifies to the Corporation that the recipient has entered into acompliance agreement approved by the Secretary. A recipient whose funds havebeen reduced or suspended under this paragraph may apply at any time to theSecretary for such certification.
(c) Nothing in this section shall be construed to authorize any department,
agency, officer, or employee of the United States to exercise any direction,
supervision, or control over the content or distribution of public
telecommunications programs and services, or over the curriculum or program of
instruction of any educational institution or school system.
SEC. 399. [47 U.S.C. 399] SUPPORT OF POLITICAL CANDIDATESPROHIBITED.
No noncommercial educational broadcasting station may support or
oppose any candidate for political office.
SEC. 399A. [47 U.S.C. 399a] USE OF BUSINESS OR INSTITUTIONALLOGOGRAMS.
(a) For purposes of this section, the term ''business or institutional
logogram'' means any aural or visual letters or words, or any symbol or sign, which
is used for the exclusive purpose of identifying any corporation, company, or otherorganization, and which is not used for the purpose of promoting the products,
services, or facilities of such corporation, company, or other organization.
(b) Each public television station and each public radio station shall beauthorized to broadcast announcements which include the use of any business or
institutional logogram and which include a reference to the location of thecorporation, company, or other organization involved, except that suchannouncements may not interrupt regular programming.
(c) The provisions of this section shall not be construed to limit theauthority of the Commission to prescribe regulations relating to the manner inwhich logograms may be used to identify corporations, companies, or otherorganizations.
SEC. 399B. [47 U.S.C. 399b] OFFERING OF CERTAIN SERVICES,FACILITIES, OR PRODUCTS BY PUBLIC BROADCAST STATIONS.
(a) For purposes of this section, the term ''advertisement'' means any
message or other programming material which is broadcast or otherwise

228

Communications Act of 1934
transmitted in exchange for any remuneration, and which is intended-(1) to promote any service, facility, or product offered by any
person who is engaged in such offering for profit;(2) to express the views of any person with respect to any matter ofpublic importance or interest; or(3) to support or oppose any candidate for political office.
(b)(1) Except as provided in paragraph (2), each public broadcast station
shall be authorized to engage in the offering of services, facilities, or products in
exchange for remuneration.
(2) No public broadcast station may make its facilities available to any
person for the broadcasting of any advertisement.
(c) Any public broadcast station which engages in any offering specified insubsection (b)(1) may not use any funds distributed by the Corporation under
section 396(k) to defray any costs associated with such offering. Any such offering
by a public broadcast station shall not interfere with the provision of public
telecommunications services by such station.
(d) Each public broadcast station which engages in the activity specified insubsection (b)(1) shall, in consultation with the Corporation, develop an
accounting system which is designed to identify any amounts received asremuneration for, or costs related to, such activities under this section, and toaccount for such amounts separately from any other amounts received by suchstation from any source.

TITLE IV--PROCEDURAL AND
ADMINISTRATIVE PROVISIONS
SEC. 401. [47 U.S.C. 401] JURISDICTION TO ENFORCE ACT AND
ORDERS OF COMMISSION.
(a) The district courts of the United States shall have jurisdiction, upon
application of the Attorney General of the United States at the request of theCommission, alleging a failure to comply with or a violation of any of theprovisions of this Act by any person, to issue a writ or writs of mandamus
commanding such person to comply with the provisions of this Act.
(b) If any person fails or neglects to obey any order of the Commission
other than for the payment of money, while the same is in effect, the Commission
or any party injured thereby, or the United States, by its Attorney General, may
apply to the appropriate district court of the United States for the enforcement ofsuch order. If, after hearing, that court determines that the order was regularly
made and duly served, and that the person is in disobedience of the same, the court
shall enforce obedience to such order by a writ of injunction or other proper
process, mandatory or otherwise, to restrain such person or the officers, agents, or229

Communications Act of 1934
representatives of such person, from further disobedience of such order, or to
enjoin upon it or them obedience to the same.
(c) Upon the request of the Commission it shall be the duty of any district
attorney of the United States to whom the Commission may apply to institute in
the proper court and to prosecute under the direction of the Attorney General of
the United States all necessary proceedings for the enforcement of the provisionsof this Act and for the punishment of all violations thereof, and the costs andexpenses of such prosecutions shall be paid out of the appropriations for the
expenses of the courts of the United States.
SEC. 402. [47 U.S.C. 402] PROCEEDINGS TO ENJOIN, SET ASIDE,
ANNUL, OR SUSPEND ORDERS OF THE COMMISSION.
(a) Any proceeding to enjoin, set aside, annul, or suspend any order of theCommission under this Act (except those appealable under subsection (b) of thissection) shall be brought as provided by and in the manner prescribed in chapter
158 of title 28, United States Code.
(b) Appeals may be taken from decisions and orders of the Commission to
the United States Court of Appeals for the District of Columbia in any of thefollowing cases:(1) By any applicant for a construction permit or station license, whose
application is denied by the Commission.
(2) By any applicant for the renewal or modification of any such instrumentof authorization whose application is denied by the Commission.
(3) By any party to an application for authority to transfer, assign, or
dispose of any such instrument of authorization, or any rights thereunder, whose
application is denied by the Commission.
(4) By any applicant for the permit required by section 325 of this act
whose application has been denied by the Commission, or by any permittee undersaid section whose permit has been revoked by the Commission.
(5) By the holder of any construction permit or station license which has
been modified or revoked by the Commission.
(6) By any other person who is aggrieved or whose interests are adversely
affected by any order of the Commission granting or denying any application
described in paragraphs (1), (2), (3), (4), and (9) hereof.
(7) By any person upon whom an order to cease and desist has been served
under section 312 of this Act.
(8) By any radio operator whose license has been suspended by theCommission.
(9) By any applicant for authority to provide interLATA services under
section 271 of this Act whose application is denied by the Commission.
(c) Such appeal shall be taken by filing a notice of appeal with the court
within thirty days from the date upon which public notice is given of the decision

230

Communications Act of 1934or order complained of. Such notice of appeal shall contain a concise statement of
the nature of the preceedings as to which the appeal is taken; a concise statementof the reasons on which the appellant intends to rely, separately stated andnumbered; and proof of service of a true copy of said notice and statement upon
the Commission. Upon filing of such notice, the court shall have jurisdiction of theproceedings and of the questions determined therein and shall have power, byorder, directed to the Commission or any other party to the appeal, to grant such
temporary relief as it may deem just and proper. Orders granting temporary relief
may be either affirmative or negative in their scope and application so as to permit
either the maintenance of the status quo in the matter in which the appeal is takenor the restoration of a position or status terminated or adversely affected by theorder appealed from and shall, unless otherwise ordered by the court, be effective
pending hearing and determination of said appeal and compliance by theCommission with the final judgment of the court rendered in said appeal.
(d) Upon the filing of any such notice of appeal the appellant shall, not later
than five days after the filing of such notice, notify each person shown by therecords of the Commission to be interested in said appeal of the filing andpendency of the same. The Commission shall file with the court the record uponwhich the order complained of was entered, as provided in section 2112 of Title
28, United States Code.
(e) Within thirty days after the filing of any such appeal any interested
person may intervene and participate in the proceedings had upon said appeal byfiling with the court a notice of intention to intervene and a verified statement
showing the nature of the interest of such party, together with proof of service oftrue copies of said notice and statement, both upon appellant and upon theCommission. Any person who would be aggrieved or whose interest would be
adversely affected by a reversal or modification of the order of the Commission
complained of shall be considered an interested party.
(f) The record and briefs upon which any such appeal shall be heard anddetermined by the court shall contain such information and material, and shall be
prepared within such time and in such manner as the court may by rule prescribe.
(g) The court shall hear and determine the appeal upon the record before itin the manner prescribed by section 706 of title 5.
(h) In the event that the court shall render a decision and enter an orderreversing the order of the Commission, it shall remand the case to the Commission
to carry out the judgment of the court and it shall be the duty of the Commission,in the absence of the proceedings to review such judgment, to forthwith give effectthereto, and unless otherwise ordered by the court, to do so upon the basis of theproceedings already had and the record upon which said appeal was heard anddetermined.
(i) The court may, in its discretion, enter judgment for costs in favor of oragainst an appellant, or other interested parties intervening in said appeal, but not

231

Communications Act of 1934
against the Commission, depending upon the nature of the issues involved upon
said appeal and the outcome thereof.
(j) The court's judgment shall be final, subject, however, to review by theSupreme Court of the United States upon writ of certiorari on petition therefor
under section 1254 of title 28 of the United States Code, by the appellant, by theCommission, or by any interested party intervening in the appeal, or bycertification by the court pursuant to the provisions of that section.
SEC. 403. [47 U.S.C. 403] INQUIRY BY COMMISSION ON ITS OWNMOTION.
The Commission shall have full authority and power at any time to institutean inquiry, on its own motion, in any case and as to any matter or thing concerningwhich complaint is authorized to be made, to or before the Commission by any
provision of this Act, or concerning which any question may arise under any of theprovisions of this Act, or relating to the enforcement of any of the provisions of
this Act. The Commission shall have the same powers and authority to proceedwith any inquiry instituted on its own motion as though it had been appealed to bycomplaint or petition under any of the provisions of this Act, including the power
to make and enforce any order or orders in the case, or relating to the matter orthing concerning which the inquiry is had, excepting orders for the payment ofmoney.
SEC. 404. [47 U.S.C. 404] REPORTS OF INVESTIGATIONS.
Whenever an investigation shall be made by the Commission it shall be its
duty to make a report in writing in respect thereto, which shall state theconclusions of the Commission, together with its decision, order, or requirementsin the premises; and in case damages are awarded such report shall include thefindings of fact on which the award is made.
SEC. 405. [47 U.S.C. 405] RECONSIDERATIONS.
(a) After an order, decision, report, or action has been made or taken inany proceeding by the Commission, or by any designated authority within theCommission pursuant to a delegation under section 5(c)(1), any party thereto, or
any other person aggrieved or whose interests are adversely affected thereby, may
petition for reconsideration only to the authority making or taking the order,
decision, report, or action; and it shall be lawful for such authority, whether it be
the Commission or other authority designated under section 5(c)(1), in its
discretion, to grant such a reconsideration if sufficient reason therefor be made toappear. A petition for reconsideration must be filed within thirty days from the dateupon which public notice is given of the order, decision, report, or action
complained of. No such application shall excuse any person from complying withor obeying any order, decision, report, or action of the Commission, or operate in232Communications Act of 1934
any manner to stay or postpone the enforcement thereof, without the special orderof the Commission. The filing of a petition for reconsideration shall not be a
condition precedent to judicial review of any such order, decision, report, or
action, except where the party seeking such review (1) was not a party to theproceedings resulting in such order, decision, report, or action, or (2) relies onquestions of fact or law upon which the Commission, or designated authority
within the Commission, has been afforded no opportunity to pass. The
Commission, or designated authority within the Commission, shall enter an order,
with a concise statement of the reasons therefor, denying a petition forreconsideration or granting such petition, in whole or in part, and ordering such
further proceedings as may be appropriate: Provided, That in any case where such
petition relates to an instrument of authorization granted without a hearing, theCommission, or designated authority within the Commission, shall take such action
within ninety days of the filing of such petition. Reconsiderations shall be governedby such general rules as the Commission may establish, except that no evidence
other than newly discovered evidence, evidence which has become available only
since the original taking of evidence, or evidence which the Commission ordesignated authority within the Commission believes should have been taken in theoriginal proceeding shall be taken on any reconsideration. The time within which a
petition for review must be filed in a proceeding to which section 402(a) applies,
or within which an appeal must be taken under section 402(b) in any case, shall becomputed from the date upon which the Commission gives public notice of theorder, decision, report, or action complained of.
(b)(1) Within 90 days after receiving a petition for reconsideration of anorder concluding a hearing under section 204(a) or concluding an investigation
under section 208(b), the Commission shall issue an order granting or denying
such petition.
(2) Any order issued under paragraph (1) shall be a final order and may be
appealed under section 402(a).
SEC. 406. [47 U.S.C. 406] MANDAMUS TO COMPEL FURNISHING OF
FACILITIES.
The district courts of the United States shall have jurisdiction upon therelation of any person alleging any violation, by a carrier subject to this Act, of anyof the provisions of this Act which prevent the relator from receiving service ininterstate or foreign communication by wire or radio, or in interstate or foreigntransmission of energy by radio, from said carrier at the same charges, or uponterms or conditions as favorable as those given by said carrier for like
communication or transmission under similar conditions to any other person, toissue a writ or writs of mandamus against said carrier commanding such carrier tofurnish facilities for such communication or transmission to the party applying for
the writ: Provided, That if any question of fact as to the proper compensation to233

Communications Act of 1934
the carrier for the service to be enforced by the writ is raised by the pleadings, thewrit of peremptory mandamus may issue, notwithstanding such question of fact isundetermined, upon such terms as to security, payment of money into the court, orotherwise, as the court may think proper pending the detemination of the questionof fact: Provided further, That the remedy hereby given by writ of mandamus shallbe cumulative and shall not be held to exclude or interfere with other remedies
provided by this Act.
SEC. 407. [47 U.S.C. 407] PETITION FOR ENFORCEMENT OF ORDERFOR PAYMENT OF MONEY.
If a carrier does not comply with an order for the payment of money within
the time limit in such order, the complainant, or any person for whose benefit suchorder was made, may file in the district court of the United States for the district inwhich he resides or in which is located the principal operating office of the carrier,or through which the line of the carrier runs, or in any State court of generaljurisdiction having jurisdiction of the parties, a petition setting forth briefly thecauses for which he claims damages, and the order of the Commission in thepremises. Such suit in the district court of the United States shall proceed in all
respects like other civil suits for damages, except that on the trial of such suits thefindings and order of the Commission shall be prima facie evidence of the facts
therein stated, except that the petitioner shall not be liable for costs in the district
court nor for costs at any subsequent stage of the proceedings unless they accrue
upon his appeal. If the petitioner shall finally prevail, he shall be allowed areasonable attorney's fee, to be taxed and collected as a part of the costs of thesuit.
SEC. 408. [47 U.S.C. 408] ORDERS NOT FOR PAYMENT OF MONEY-WHEN EFFECTIVE.
Except as otherwise provided in this Act, all orders of the Commission,other than orders for the payment of money, shall take effect thirty calendar days
from the date upon which public notice of the order is given, unless theCommission designates a different effective date. All such orders shall continue inforce for the period of time specified in the order or until the Commission or a
court of competent jurisdiction issues a superseding order.

SEC. 409. [47 U.S.C. 409] GENERAL PROVISIONS RELATING TO
PROCEEDINGS--WITNESSES AND DEPOSITIONS.
(a) In every case of adjudication (as defined in the Administrative
Procedure Act) which has been designated by the Commission for hearing, theperson or persons conducting the hearing shall prepare and file an initial, tentative,
or recommended decision, except where such person or persons become234Communications Act of 1934
unavailable to the Commission or where the Commission finds upon the recordthat due and timely execution of its functions imperatively and unavoidably requirethat the record be certified to the Commission for initial or final decision.
(b) In every case of adjudication (as defined in the Administrative
Procedure Act) which has been designated by the Commission for hearing, any
party to the proceeding shall be permitted to file exceptions and memoranda insupport thereof to the initial, tentative, or recommended decision, which shall bepassed upon by the Commission or by the authority within the Commission, if any,
to whom the function of passing upon the exceptions is delegated under section
5(d)(1): Provided, however, That such authority shall not be the same authority
which made the decision to which the exception is taken.
(c)(1) In any case of adjudication (as defined in the Administrative
Procedure Act) which has been designated by the Commission for a hearing, noperson who has participated in the presentation or preparation for presentation ofsuch case at the hearing or upon review shall (except to the extent required for the
disposition of exparte matters as authorized by law) directly or indirectly make any
additional presentation respecting such case to the hearing officer or officers or to
the Commission, or to any authority within the Commission to whom, in such case,review functions have been delegated by the Commission under section 5(d)(1),
unless upon notice and opportunity for all parties to participate.
(2) The provision in subsection (c) of section 5 of the Administrative
Procedure Act which states that such subsection shall not apply in determining
applications for initial licenses, shall not be applicable hereafter in the case of
applications for initial licenses before the Federal Communications Commission.
(d) To the extent that the foregoing provisions of this section and section
5(d) are in conflict with the provisions of the Administrative Procedure Act, suchprovisions of this section and section 5(d) shall be held to supersede and modify
the provisions of that Act.
(e) For the purposes of this Act the Commission shall have the power torequire by subpena the attendance and testimony of witnesses and the productionof all books, papers, schedules of charges, contracts, agreements, and documents
relating to any matter under investigation. Witnesses summoned before theCommission shall be paid the same fees and mileage that are paid witnesses in the
courts of the United States.
(f) Such attendance of witnesses, and the production of such documentary
evidence, may be required from any place in the United States, at any designatedplace of hearing. And in case of disobedience to a subpena the Commission, or any
party to a proceeding before the Commission, may invoke the aid of any court of
the United States in requiring the attendance and testimony of witnesses and the
production of books, papers, and documents under the provisions of this section.
(g) Any of the district courts of the United States within the jurisdiction ofwhich such inquiry is carried on may, in case of contumacy or refusal to obey a235

Communications Act of 1934
subpena issued to any common carrier or licensee or other person, issue an order
requiring such common carrier, licensee, and other person to appear before theCommission (and produce books and papers if so ordered) and give evidence
touching the matter in question; and any failure to obey such order of the court
may be punished by such court as a contempt thereof.
(h) The testimony of any witness may be taken, at the instance of a party,
in any proceeding or investigation pending before the Commission, by deposition,at any time after a cause or proceeding is at issue on petition and answer. The
Commission may also order testimony to be taken by deposition in any proceedingor investigation pending before it, at any stage of such proceeding or investigation.
Such depositions may be taken before any judge of any court of the United States,or any United States Commissioner, or any clerk of a district court, or any
chancellor, justice, or judge of a supreme or superior court, mayor, or chiefmagistrate of a city, judge of a county court, or court of common pleas of any of
the United States, or any notary public, not being of counsel or attorney to eitherof the parties, nor interested in the event of the proceeding or investigation.
Reasonable notice must first be given in writing by the party or his attorney
proposing to take such deposition to the opposite party or his attorney of record,
as either may be nearest, which notice shall state the name of the witness and thetime and place of the taking of his deposition. Any person may be compelled toappear and depose, and to produce documentary evidence, in the same manner as
witnesses may be compelled to appear and testify and produce documentary
evidence before the Commission, as hereinbefore provided.
(i) Every person deposing as herein provided shall be cautioned and sworn(or affirm, if he so request) to testify the whole truth, and shall be carefully
examined. His testimony shall be reduced to writing by the magistrate taking thedeposition, or under his direction, and shall, after it has been reduced to writing, be
subscribed by the deponent.
(j) If a witness whose testimony may be desired to be taken by deposition
be in a foreign country, the deposition may be taken before an officer or person
designated by the Commission, or agreed upon by the parties by stipulation inwriting to be filed with the Commission. All depositions must be promptly filedwith the Commission.
(k) Witnesses whose depositions are taken as authorized in this Act, andthe magistrates or other officer taking the same, shall severally be entitled to thesame fees as are paid for like services in the courts of the United States.
[(l) Repealed.](m) Any person who shall neglect or refuse to attend and testify, or toanswer any lawful inquiry, or to produce books, papers, schedules of charges,
contracts, agreements, and documents, if in his power to do so, in obedience to thesubpena or lawful requirement of the Commission, shall be guilty of amisdemeanor and upon conviction thereof by a court of competent jurisdiction

236

Communications Act of 1934
shall be punished by a fine of not less than $100 nor more than $5,000, or byimprisonment for not more than one year, or by both such fine and imprisonment.
SEC. 410. [47 U.S.C. 410] USE OF JOINT BOARDS--COOPERATIONWITH STATE COMMISSIONS.
(a) Except as provided in section 409, the Commission may refer any
matter arising in the administration of this Act to a joint board to be composed of amember, or of an equal number of members, as determined by the Commission,from each of the States in which the wire or radio communication affected by or
involved in the proceeding takes place or is proposed. For purposes of acting uponsuch matter any such board shall have all the jurisdiction and powers conferred bylaw upon an examiner provided for in section 11 of the Administrative Procedure
Act, designated by the Commission, and shall be subject to the same duties andobligations. The action of a joint board shall have such force and effect and its
proceedings shall be conducted in such manner as the Commission shall byregulations prescribe. The joint board member or members for each State shall be
nominated by the State commision of the State or by the Governor if there is no
State commission, and appointed by the Federal Communications Commission.
The Commission shall have discretion to reject any nominee. Joint Board members
shall receive such allowances for expenses as the Commission shall provide.
(b) The Commission may confer with any State commission having
regulatory jurisdiction with respect to carriers, regarding the relationship between
rate structures, accounts, charges, practices, classifications, and regulations ofcarriers subject to the jurisdiction of such State commission and of theCommission; and the Commission is authorized under such rules and regulations as
it shall prescribe to hold joint hearings with any State commission in connection
with any matter with respect to which the Commission is authorized to act. The
Commission is authorized in the administration of this Act to avail itself of suchcooperation, services, records, and facilities as may be afforded by any State
commission.
(c) The Commission shall refer any proceeding regarding the jurisdictional
separation of common carrier property and expenses between interstate andintrastate operations, which it institutes pursuant to a notice of proposed
rulemaking and, except as provided in section 409 of this Act, may refer any othermatter, relating to common carrier communications of joint Federal-State concern,
to a Federal-State Joint Board. The Joint Board shall possess the same jurisdiction,
power, duties, and obligations as a joint board established under subsection (a) of
this section, and shall prepare a recommended decision for prompt review andaction by the Commission. In addition, the State members of the Joint Board shall
sit with the Commission en banc at any oral agrument that may be scheduled in theproceeding. The Commission shall also afford the State members of the Joint
Board an opportunity to participate in its deliberations, but not vote, when it has

237

Communications Act of 1934
under consideration the recommended decision of the Joint Board or any further
decisional action that may be required in the proceeding. The Joint Board shall becomposed of three Commissioners of the Commission and of four State
commissioners nominated by the national organization of the State commissions
and approved by the Commission. The Chairman of the Commission, or anotherCommissioner designated by the Commission, shall serve as Chairman of the Joint
Board.
SEC. 411. [47 U.S.C. 411] JOINDER OF PARTIES.
(a) In any proceeding for the enforcement of the provisions of this Act,
whether such proceeding be instituted before the Commission or be begun
originally in any district court of the United States, it shall be lawful to include as
parties, in addition to the carrier, all persons interested in or affected by the charge,
regulation, or practice under consideration, and inquiries, investigations, orders,and decrees may be made with reference to and against such additional parties inthe same manner, to the same extent, and subject to the same provisions as are or
shall be authorized by law with respect to carriers.
(b) In any suit for the enforcement of an order for the payment of money allparties in whose favor the Commission may have made an award for damages by asingle order may be joined as plaintiffs, and all of the carriers parties to such orderawarding such damages may be joined as defendants, and such suit may be
maintained by such joint plaintiffs and against such joint defendants in any district
where any one of such joint plaintiffs could maintain such suit against any one ofsuch joint defendants; and service of process against any one of such defendants as
may not be found in the district where the suit is brought may be made in any
district where such defendant carrier has its principal operating office. In case ofsuch joint suit, the recovery, if any, may be by judgment in favor of any one ofsuch plaintiffs, against the defendant found to be liable to such plaintiff.
SEC. 412. [47 U.S.C. 412] DOCUMENTS FILED TO BE PUBLIC
RECORDS--USE IN PROCEEDINGS.
The copies of schedules of charges, classifications, and of all contracts,
agreements, and arrangements between common carriers filed with theCommission as herein provided, and the statistics, tables, and figures contained in
the annual or other reports of carriers and other persons made to the Commission
as required under the provisions of this Act shall be preserved as public records inthe custody of the secretary of the Commission, and shall be received as prima
facie evidence of what they purport to be for the purpose of investigations by theCommission and in all judicial proceedings; and copies of and extracts from any ofsaid schedules, classifications, contracts, agreements, arrangements, or reports
made public records as aforesaid, certified by the secretary, under theCommission's seal, shall be received in evidence with like effect as the originals:

238

Communications Act of 1934
Provided, That the Commission may, if the public interest will be served thereby,
keep confidential any contract, agreement, or arrangement relating to foreign wireor radio communication when the publication of such contract, agreement, or
arrangement would place American communication companies at a disadvantage inmeeting the competition of foreign communication companies.
SEC. 413. [47 U.S.C. 413] DESIGNATION OF AGENT FOR SERVICE.
It shall be the duty of every carrier subject to this Act to designate inwriting an agent in the District of Columbia, upon whom service of all notices andprocess and all orders, decisions, and requirements of the Commission may bemade for and on behalf of said carrier in any proceeding or suit pending before theCommission, and to file such designation in the office of the secretary of theCommission, which designation may from time to time be changed by like writing
similarly filed; and thereupon service of all notices and process and orders,
decisions, and requirements of the Commission may be made upon such carrier byleaving a copy thereof with such designated agent at his office or usual place ofresidence in the District of Columbia, with like effect as if made personally uponsuch carrier, and in default of such designation of such agent, service of any noticeor other process in any proceeding before said Commission, or of any order,
decision, or requirement of the Commission, may be made by posting such notice,process, order, requirement, or decision in the office of the secretary of theCommission.
SEC. 414. [47 U.S.C. 414] REMEDIES IN THIS ACT NOT EXCLUSIVE.
Nothing in this Act contained shall in any way abridge or alter the remedies
now existing at common law or by statute, but the provisions of this Act are in
addition to such remedies.
SEC. 415. [47 U.S.C. 415] LIMITATIONS AS TO ACTIONS.
(a) All actions at law by carriers for recovery of their lawful charges, or any
part thereof, shall be begun, within two years from the time the cause of action
accrues, and not after.
(b) All complaints against carriers for the recovery of damages not basedon overcharges shall be filed with the Commission within two years from the time
the cause of action accrues, and not after, subject to subsection (d) of this section.
(c) For recovery of overcharges action at law shall be begun or complaint
filed with the Commission against carriers within two years from the time thecause of action accrues, and not after, subject to subsection (d) of this section,
except that if claim for the overcharge has been presented in writing to the carrier
within the two-year period of limitation said period shall be extended to include
two years from the time notice in writing is given by the carrier to the claimant ofdisallowance of the claim, or any part or parts thereof, specified in the notice.

239

Communications Act of 1934(d) If on or before expiration of the period of limitation in subsection (b) or(c) a carrier begins action under subsection (a) for recovery of lawful charges inrespect of the same service, or, without beginning action, collects charges inrespect of that service, said period of limitation shall be extended to include ninety
days from the time such action is begun or such charges are collected by the
carrier.
(e) The cause of action in respect of the transmission of a message shall,for the purposes of this section, be deemed to accrue upon delivery or tender ofdelivery thereof by the carrier, and not after.
(f) A petition for the enforcement of an order of the Commission for thepayment of money shall be filed in the district court or the State court within one
year from the date of the order, and not after.
(g) The term ''overcharges'' as used in this section shall be deemed to mean
charges for services in excess of those applicable thereto under the schedules ofcharges lawfully on file with the Commission.
SEC. 416. [47 U.S.C. 416] PROVISIONS RELATING TO ORDERS.
(a) Every order of the Commission shall be forthwith served upon thedesignated agent of the carrier in the city of Washington or in such other manneras may be provided by law.
(b) Except as otherwise provided in this Act, the Commission is hereby
authorized to suspend or modify its orders upon such notice and in such manner as
it shall deem proper.
(c) It shall be the duty of every person, its agents and employees, and any
receiver or trustee thereof, to observe and comply with such orders so long as thesame shall remain in effect.

TITLE V--PENAL PROVISIONS-FORFEITURES
SEC. 501. [47 U.S.C. 501] GENERAL PENALTY.
Any person who willfully and knowingly does or causes or suffers to bedone any act, matter, or thing, in this Act prohibited or declared to be unlawful, or
who willfully and knowingly omits or fails to do any act, matter, or thing in thisAct required to be done, or willfully and knowingly causes or suffers suchomission or failure, shall upon conviction thereof, be punished for such offense, forwhich no penalty (other than a forfeiture) is provided in this Act, by a fine of not
more than $10,000 or by imprisonment for a term not exceeding one year, or both;
except that any person, having been once convicted of an offense punishable under
this section, who is subsequently convicted of violating any provision of this Act
punishable under this section, shall be punished by a fine of not more than $10,000240Communications Act of 1934or by imprisonment for a term not exceeding two years, or both.
SEC. 502. [47 U.S.C. 502] VIOLATION OF RULES, REGULATIONS, AND
SO FORTH.
Any person who willfully and knowingly violates any rule, regulation,
restriction, or condition made or imposed by the Commission under authority ofthis Act, or any rule, regulation, restriction, or condition made or imposed by any
international radio or wire communications treaty or convention, or regulations
annexed thereto, to which the United States is or may hereafter become a party,
shall, in addition to any other penalties provided by law, be punished, uponconviction thereof, by a fine of not more than $500 for each and every day during
which such offense occurs.
SEC. 503. [47 U.S.C. 503] FORFEITURES IN CASES OF REBATES AND
OFFSETS.
(a) Any person who shall deliver messages for interstate or foreigntransmission to any carrier, or for whom as sender or receiver, any such carrier
shall transmit any interstate or foreign wire or radio communication, who shallknowingly by employee, agent, officer, or otherwise, directly or indirectly, by or
through any means or device whatsoever, receive or accept from such common
carrier any sum of money or any other valuable consideration as a rebate or offset
against the regular charges for transmission of such messages as fixed by theschedules of charges provided for in this Act, shall in addition to any other penalty
provided by this Act forfeit to the United States a sum of money three times theamount of money so received or accepted and three times the value of any otherconsideration so received or accepted, to be ascertained by the trial court; and in
the trial of said action all such rebates or other considerations so received or
accepted for a period of six years prior to the commencement of the action, may be
included therein, and the amount recovered shall be three times the total amount ofmoney, or three times the total value of such consideration, so received or
accepted, or both, as the case may be.
(b)(1) Any person who is determined by the Commission, in accordancewith paragraph (3) or (4) of this subsection, to have-(A) willfully or repeatedly failed to comply substantially with theterms and conditions of any license, permit, certificate, or other instrument
or authorization issued by the Commission;(B) willfully or repeatedly failed to comply with any of theprovisions of this Act or of any rule, regulation, or order issued by theCommission under this Act or under any treaty, convention, or otheragreement to which the United States is a party and which is binding upon
the United States;(C) violated any provision of section 317(c) or 508(a) of this Act;

241

Communications Act of 1934or(D) violated any provision of section 1304, 1343, or 1464 of title
18, United States Code;shall be liable to the United States for a forfeiture penalty. A forfeiture penalty
under this subsection shall be in addition to any other penalty provided for by thisAct; except that this subsection shall not apply to any conduct which is subject toforfeiture under title II, part II or III of title III, or section 506 of this Act.
(2)(A) If the violator is (i) a broadcast station licensee or permittee, (ii) a
cable television operator, or (iii) an applicant for any broadcast or cable television
operator license, permit, certificate, or other instrument or authorization issued by
the Commission, the amount of any forfeiture penalty determined under thissection shall not exceed $25,000 for each violation or each day of a continuing
violation, except that the amount assessed for any continuing violation shall not
exceed a total of $250,000 for any single act or failure to act described inparagraph (1) of this subsection.
(B) If the violator is a common carrier subject to the provisions of this Act
or an applicant for any common carrier license, permit, certificate, or other
instrument of authorization issued by the Commission, the amount of any forfeiture
penalty determined under this subsection shall not exceed $100,000 for eachviolation or each day of a continuing violation, except that the amount assessed forany continuing violation shall not exceed a total of $1,000,000 for any single act or
failure to act described in paragraph (1) of this subsection.
(C) In any case not covered in subparagraph (A) or (B), the amount of any
forfeiture penalty determined under this subsection shall not exceed $10,000 foreach violation or each day of a continuing violation, except that the amountassessed for any continuing violation shall not exceed a total of $75,000 for any
single act or failure to act described in paragraph (1) of this subsection.
(D) The amount of such forfeiture penalty shall be assessed by theCommission, or its designee, by written notice. In determining the amount of sucha forfeiture penalty, the Commission or its designee shall take into account thenature, circumstances, extent, and gravity of the violation and, with respect to theviolator, the degree of culpability, any history of prior offenses, ability to pay, andsuch other matters as justice may require.
(3)(A) At the discretion of the Commission, a forfeiture penalty may be
determined against a person under this subsection after notice and an opportunity
for a hearing before the Commission or an administrative law judge thereof inaccordance with section 554 of title 5, United States Code. Any person against
whom a forfeiture penalty is determined under this paragraph may obtain review
thereof pursuant to section 402(a).
(B) If any person fails to pay an assessment of a forfeiture penalty
determined under subparagraph (A) of this paragraph, after it has become a final
and unappealable order or after the appropriate court has entered final judgment in

242

Communications Act of 1934
favor of the Commission, the Commission shall refer the matter to the Attorney
General of the United States, who shall recover the amount assessed in any
appropriate district court of the United States. In such action, the validity andappropriateness of the final order imposing the forfeiture penalty shall not be
subject to review.
(4) Except as provided in paragraph (3) of this subsection, no forfeiture
penalty shall be imposed under this subsection against any person unless and until-(A) the Commission issues a notice of apparent liability, in writing,with respect to such person;(B) such notice has been received by such person, or until the
Commission has sent such notice to the last known address of such person,by registered or certified mail; and(C) such person is granted an opportunity to show, in writing,within such reasonable period of time as the Commission prescribes by ruleor regulation, why no such forfeiture penalty should be imposed.
Such a notice shall (i) identify each specific provision, term, and condition of any
Act, rule, regulation, order, treaty, convention, or other agreement, license, permit,
certificate, instrument, or authorization which such person apparently violated orwith which such person apparently failed to comply; (ii) set forth the nature of theact or omission charged against such person and the facts upon which such charge
is based; and (iii) state the date on which such conduct occurred. Any forfeiture
penalty determined under this paragraph shall be recoverable pursuant to section
504(a) of this Act.
(5) No forfeiture liability shall be determined under this subsection against
any person, if such person does not hold a license, permit, certificate, or otherauthorization issued by the Commission, and if such person is not an applicant fora license, permit, certificate, or other authorization issued by the Commission,
unless, prior to the notice required by paragraph (3) of this subsection or the noticeof apparent liability required by paragraph (4) of this subsection, such person (A)is sent a citation of the violation charged; (B) is given a reasonable opportunity fora personal interview with an official of the Commission, at the field office of theCommission which is nearest to such person's place of residence; and (C)subsequently engages in conduct of the type described in such citation. The
provisions of this paragraph shall not apply, however, if the person involved is
engaging in activities for which a license, permit, certificate, or other authorizationis required, or is a cable television system operator, if the person involved istransmitting on frequencies assigned for use in a service in which individual station
operation is authorized by rule pursuant to section 307(e), or in the case of
violations of section 303(q), if the person involved is a nonlicensee tower owner
who has previously received notice of the obligations imposed by section 303(q)from the Commission or the permittee or licensee who uses that tower. Whenever
the requirements of this paragraph are satisfied with respect to a paricular person,

243

Communications Act of 1934
such person shall not be entitled to receive any additional citation of the violation
charged, with respect to any conduct of the type described in the citation sent
under this paragraph.
(6) No forfeiture penalty shall be determined or imposed against any person
under this subsection if-(A) such person holds a broadcast station license issued under title
III of this Act and if the violation charged occurred-(i) more than 1 year prior to the date of issuance of therequired notice or notice of apparent liability; or(ii) prior to the date of commencement of the current termof such license,
whichever is earlier; or(B) such person does not hold a broadcast station license issued
under title III of this Act and if the violation charged occurred more than 1
year prior to the date of issuance of the required notice or notice ofapparent liability.
For purposes of this paragraph, ''date of commencement of the current term ofsuch license'' means the date of commencement of the last term of license forwhich the licensee has been granted a license by the Commission. A separate
license term shall not be deemed to have commenced as a result of continuing alicense in effect under section 307(c) pending decision on an application forrenewal of the license.
SEC. 504. [47 U.S.C. 504] PROVISIONS RELATING TO FORFEITURES.
(a) The forfeitures provided for in this Act shall be payable into theTreasury of the United States, and shall be recoverable, except as otherwise
provided with respect to a forfeiture penalty determined under section 503(b)(3) ofthis Act, in a civil suit in the name of the United States brought in the district
where the person or carrier has its principal operating office or in any district
through which the line or system of the carrier runs: Provided, That any suit for
the recovery of a forfeiture imposed pursuant to the provisions of this Act shall bea trial de novo: Provided further, That in the case of forfeiture by a ship, said
forfeiture may also be recoverable by way of libel in any district in which such ship
shall arrive or depart. Such forfeitures shall be in addition to any other general or
specific penalties herein provided. It shall be the duty of the various district
attorneys, under the direction of the Attorney General of the United States, toprosecute for the recovery of forfeitures under this Act. The costs and expenses ofsuch prosecutions shall be paid from the appropriation for the expenses of thecourts of the United States.
(b) The forfeitures imposed by title II, parts II and III of title III, andsections 503(b) and 506 of this Act shall be subject to remission or mitigation by
the Commission, under such regulations and methods of ascertaining the facts as

244

Communications Act of 1934
may seem to it advisable, and, if suit has been instituted, the Attorney General,
upon request of the Commission, shall direct the discontinuance of any prosecution
to recover such forfeitures: Provided, however, That no forfeiture shall be remitted
or mitigated after determination by a court of competent jurisdiction.
(c) In any case where the Commission issues a notice of apparent liability
looking toward the imposition of a forfeiture under this Act, that fact shall not be
used, in any other proceeding before the Commission, to the prejudice of theperson to whom such notice was issued, unless (i) the forfeiture has been paid, or(ii) a court of competent jurisdiction has ordered payment of such forfeiture, andsuch order has become final.
SEC. 505. [47 U.S.C. 505] VENUE OF OFFENSES.
The trial of any offense under this Act shall be in the district in which it iscommitted; or if the offense is committed upon the high seas, or out of thejurisdiction of any particular State or district, the trial shall be in the district where
the offender may be found or into which he shall be first brought. Whenever theoffense is begun in one jurisdiction and completed in another it may be dealt with,inquired of, tried, determined, and punished in either jurisdiction in the samemanner as if the offense had been actually and wholly committed therein.
SEC. 506. [47 U.S.C. 506] VIOLATION OF GREAT LAKESAGREEMENT.
(a) Any vessel of the United States that is navigated in violation of theprovisions of the Great Lakes Agreement or the rules and regulations of theCommission made in pursuance thereof and any vessel of a foreign country that is
so navigated on waters under the jurisdiction of the United States shall forfeit to
the United States the sum of $500 recoverable by way of suit or libel. Each day
during which such navigation occurs shall constitute a separate offense.
(b) Every willful failure on the part of the master of a vessel of the UnitedStates to enforce or to comply with the provisions of the Great Lakes Agreement
or the rules and regulations of the Commission made in pursuance thereof shallcause him to forfeit to the United States the sum of $100.
SEC. 507. [47 U.S.C. 507] DISCLOSURE OF CERTAIN PAYMENTS.
(a) Subject to subsection (d), any employee of a radio station who accepts
or agrees to accept from any person (other than such station), or any person (otherthan such station) who pays or agrees to pay such employee, any money, service orother valuable consideration for the broadcast of any matter over such station
shall, in advance of such broadcast, disclose the fact of such acceptance or
agreement to such station.
(b) Subject to subsection (d), any person who, in connection with the
production or preparation of any program or program matter which is intended for245

Communications Act of 1934
broadcasting over any radio station, accepts or agrees to accept, or pays or agrees
to pay, any money, service or other valuable consideration for the inclusion of any
matter as a part of such program or program matter, shall, in advance of suchbroadcast, disclose the fact of such acceptance or payment or agreement to thepayee's employer, or to the person for which such program or program matter isbeing produced, or to the licensee of such station over which such program isbroadcast.
(c) Subject to subsection (d), any person who supplies to any other person
any program or program matter which is intended for broadcasting over any radio
station shall, in advance of such broadcast, disclose to such other person any
information of which he has knowledge, or which has been disclosed to him, as toany money, service or other valuable consideration which any person has paid or
accepted, or has agreed to pay or accept, for the inclusion of any matter as a partof such program or program matter.
(d) The provisions of this section requiring the disclosure of information
shall not apply in any case where, because of a waiver made by the Commission
under section 317(d), an announcement is not required to be made under section
317.
(e) The inclusion in the program of the announcement required by section
317 shall constitute the disclosure required by this section.
(f) The term ''service or other valuable consideration'' as used in this section
shall not include any service or property furnished without charge or at a nominal
charge for use on, or in connection with, a broadcast, or for use on a program
which is intended for broadcasting over any radio station, unless it is so furnishedin consideration for an identification in such broadcast or in such program of any
person, product, service, trademark, or brand name beyond an identification whichis reasonably related to the use of such service or property in such broadcast or
such program.
(g) Any person who violates any provision of this section shall, for eachsuch violation, be fined not more than $10,000 or imprisoned not more than one
year, or both.
SEC. 508. [47 U.S.C. 508] PROHIBITED PRACTICES IN CASE OF
CONTESTS OF INTELLECTUAL KNOWLEDGE, INTELLECTUALSKILL, OR CHANCE.
(a) It shall be unlawful for any person, with intent to deceive the listening
or viewing public-(1) To supply to any contestant in a purportedly bona fide contest
of intellectual knowledge or intellectual skill any special and secretassistance whereby the outcome of such contest will be in whole or in partprearranged or predetermined.
(2) By means of persuasion, bribery, intimidation, or otherwise, to246

Communications Act of 1934
induce or cause any contestant in a purportedly bona fide contest ofintellectual knowledge or intellectual skill to refrain in any manner fromusing or displaying his knowledge or skill in such contest, whereby theoutcome thereof will be in whole or in part prearranged or predetermined.
(3) To engage in any artifice or scheme for the purpose ofprearranging or predetermining in whole or in part the outcome of apurportedly bona fide contest of intellectual knowledge, intellectual skill, orchance.
(4) To produce or participate in the production for broadcasting of,
to broadcast or participate in the broadcasting of, to offer to a licensee forbroadcasting, or to sponsor, any radio program, knowing or having
reasonable ground for believing that, in connection with a purportedly bonafide contest of intellectual knowledge, intellectual skill, or chanceconstituting any part of such program, any person has done or is going to
do any act or thing referred to in paragraph (1), (2), or (3) of thissubsection.
(5) To conspire with any other person or persons to do any act orthing prohibited by paragraph (1), (2), (3), or (4) of this subsection, if one
or more of such persons do any act to effect the object of such conspiracy.
(b) For the purpose of this section-(1) The term ''contest'' means any contest broadcast by a radio
station in connection with which any money or any other thing of value isoffered as a prize or prizes to be paid or presented by the program sponsor
or by any other person or persons, as announced in the course of thebroadcast.
(2) The term ''the listening or viewing public'' means those membersof the public who, with the aid of radio receiving sets, listen to or viewprograms broadcast by radio stations.
(c) Whoever violates subsection (a) shall be fined not more than $10,000 or
imprisoned not more than one year, or both.
[SEC. 509]
SEC. 510. [47 U.S.C. 510] FORFEITURE OF COMMUNICATIONSDEVICES.
(a) Any electronic, electromagnetic, radio frequency, or similar device, orcomponent thereof, used, sent, carried, manufactured, assembled, possessed,
offered for sale, sold, or advertised with willful and knowing intent to violate
section 301 or 302, or rules prescribed by the Commission under such sections,
may be seized and forfeited to the United States.
(b) Any property subject to forfeiture to the United States under thissection may be seized by the Attorney General of the United States upon process
issued pursuant to the supplemental rules for certain admiralty and maritime claims

247

Communications Act of 1934
by any district court of the United States having jurisdiction over the property,
except that seizure without such process may be made if the seizure is incident to alawful arrest or search.
(c) All provisions of law relating to-(1) the seizure, summary and judicial forfeiture, and condemnationof property for violation of the customs laws;(2) the disposition of such property or the proceeds from the sale
thereof;(3) the remission or mitigation of such forfeitures; and(4) the compromise of claims with respect to such forfeitures;shall apply to seizures and forfeitures incurred, or alleged to have been incurred,under the provisions of this section, insofar as applicable and not inconsistent withthe provisions of this section, except that such seizures and forfeitures shall belimited to the communications device, devices, or components thereof.
(d) Whenever property is forfeited under this section, the Attorney Generalof the United States may forward it to the Commission or sell any forfeitedproperty which is not harmful to the public. The proceeds from any such sale shallbe deposited in the general fund of the Treasury of the United States.

TITLE VI--CABLE COMMUNICATIONSPART I--GENERAL PROVISIONS
SEC. 601. [47 U.S.C. 521] PURPOSES.
The purposes of this title are to-(1) establish a national policy concerning cable communications;(2) establish franchise procedures and standards which encourage
the growth and development of cable systems and which assure that cablesystems are responsive to the needs and interests of the local community;(3) establish guidelines for the exercise of Federal, State, and local
authority with respect to the regulation of cable systems;(4) assure that cable communications provide and are encouraged
to provide the widest possible diversity of information sources and services
to the public;(5) establish an orderly process for franchise renewal which
protects cable operators against unfair denials of renewal where theoperator's past performance and proposal for future performance meet thestandards established by this title; and(6) promote competition in cable communications and minimize
unnecessary regulation that would impose an undue economic burden on
cable systems.

248

Communications Act of 1934
SEC. 602. [47 U.S.C. 522] DEFINITIONS.
For purposes of this title-(1) the term ''activated channels'' means those channels engineeredat the headend of a cable system for the provision of services generally
available to residential subscribers of the cable system, regardless ofwhether such services actually are provided, including any channel
designated for public, educational, or governmental use;
(2) the term ''affiliate'', when used in relation to any person, means
another person who owns or controls, is owned or controlled by, or isunder common ownership or control with, such person;(3) the term ''basic cable service'' means any service tier which
includes the retransmission of local television broadcast signals;(4) the terms ''cable channel'' or ''channel'' means a portion of theelectromagnetic frequency spectrum which is used in a cable system andwhich is capable of delivering a television channel (as television channel isdefined by the Commission by regulation);(5) the term ''cable operator'' means any person or group of persons(A) who provides cable service over a cable system and directly or throughone or more affiliates owns a significant interest in such cable system, or(B) who otherwise controls or is responsible for, through any arrangement,
the management and operation of such a cable system;(6) the term ''cable service'' means-(A) the one-way transmission to subscribers of (i) video
programming, or (ii) other programming service, and(B) subscriber interaction, if any, which is required for theselection or use of such video programming or other programming
service;(7) the term ''cable system'' means a facility, consisting of a set ofclosed transmission paths and associated signal generation, reception, andcontrol equipment that is designed to provide cable service which includes
video programming and which is provided to multiple subscribers within acommunity, but such term does not include (A) a facility that serves only toretransmit the television signals of 1 or more television broadcast stations;(B) a facility that serves subscribers without using any public right-of-way;(C) a facility of a common carrier which is subject, in whole or in part, tothe provisions of title II of this Act, except that such facility shall beconsidered a cable system (other than for purposes of section 621(c)) to
the extent such facility is used in the transmission of video programming
directly to subscribers, unless the extent of such use is solely to provide
interactive on-demand services; (D) an open video system that complies
with section 653 of this title; or (E) any facilities of any electric utility usedsolely for operating its electric utility systems;

249

Communications Act of 1934(8) the term ''Federal agency'' means any agency of the UnitedStates, including the Commission;(9) the term ''franchise'' means an initial authorization, or renewal
thereof (including a renewal of an authorization which has been granted
subject to section 626), issued by a franchising authority, whether such
authorization is designated as a franchise, permit, license, resolution,
contract, certificate, agreement, or otherwise, which authorizes theconstruction or operation of a cable system;(10) the term ''franchising authority'' means any governmental entity
empowered by Federal, State, or local law to grant a franchise;(11) the term ''grade B contour'' means the field strength of atelevision broadcast station computed in accordance with regulations
promulgated by the Commission;(12) the term ''interactive on-demand services'' means a service
providing video programming to subscribers over switched networks on an
on-demand, point-to-point basis, but does not include services providing
video programming prescheduled by the programming provider;(13) the term ''multichannel video programming distributor'' meansa person such as, but not limited to, a cable operator, a multichannel
multipoint distribution service, a direct broadcast satellite service, or atelevision receive-only satellite program distributor, who makes available
for purchase, by subscribers or customers, multiple channels of video
programming;(14) the term ''other programming service'' means information that acable operator makes available to all subscribers generally;(15) the term ''person'' means an individual, partnership, association,
joint stock company, trust, corporation, or governmental entity;(16) the term ''public, educational, or governmental access facilities''
means-(A) channel capacity designated for public, educational, orgovernmental use; and(B) facilities and equipment for the use of such channel
capacity;(17) the term ''service tier'' means a category of cable service orother services provided by a cable operator and for which a separate rate ischarged by the cable operator;(18) the term ''State'' means any State, or political subdivision, or
agency thereof;(19) the term ''usable activated channels'' means activated channels
of a cable system, except those channels whose use for the distribution ofbroadcast signals would conflict with technical and safety regulations as
determined by the Commission; and250

Communications Act of 1934(20) the term ''video programming'' means programming provided
by, or generally considered comparable to programming provided by, atelevision broadcast station.

PART II--USE OF CABLE CHANNELS AND CABLEOWNERSHIP RESTRICTIONS
SEC. 611. [47 U.S.C. 531] CABLE CHANNELS FOR PUBLIC,EDUCATIONAL, OR GOVERNMENTAL USE.
(a) A franchising authority may establish requirements in a franchise withrespect to the designation or use of channel capacity for public, educational, orgovernmental use only to the extent provided in this section.
(b) A franchising authority may in its request for proposals require as partof a franchise, and may require as part of a cable operator's proposal for afranchise renewal, subject to section 626, that channel capacity be designated for
public, educational, or governmental use, and channel capacity on institutional
networks be designated for educational or governmental use, and may require rules
and procedures for the use of the channel capacity designated pursuant to thissection.
(c) A franchising authority may enforce any requirement in any franchise
regarding the providing or use of such channel capacity. Such enforcement
authority includes the authority to enforce any provisions of the franchise forservices, facilities, or equipment proposed by the cable operator which relate to
public, educational, or governmental use of channel capacity, whether or not
required by the franchising authority pursuant to subsection (b).
(d) In the case of any franchise under which channel capacity is designatedunder subsection (b), the franchising authority shall prescribe-(1) rules and procedures under which the cable operator ispermitted to use such channel capacity for the provision of other services ifsuch channel capacity is not being used for the purposes designated, and(2) rules and procedures under which such permitted use shallcease.
(e) Subject to section 624(d), a cable operator shall not exercise any
editorial control over any public, educational, or governmental use of channel
capacity provided pursuant to this section, except a cable operator may refuse totransmit any public access program or portion of a public access program whichcontains obscenity, indecency, or nudity.
(f) For purposes of this section, the term ''institutional network'' means acommunication network which is constructed or operated by the cable operator
and which is generally available only to subscribers who are not residential
subscribers.

251Communications Act of 1934

SEC. 612. [47 U.S.C. 532] CABLE CHANNELS FOR COMMERCIAL USE.
(a) The purpose of this section is to promote competition in the delivery ofdiverse sources of video programming and to assure that the widest possible
diversity of information sources are made available to the public from cablesystems in a manner consistent with growth and development of cable systems.
(b)(1) A cable operator shall designate channel capacity for commercial use
by persons unaffiliated with the operator in accordance with the following
requirements:(A) An operator of any cable system with 36 or more (but not morethan 54) activated channels shall designate 10 percent of such channels
which are not otherwise required for use (or the use of which is notprohibited) by Federal law or regulation.
(B) An operator of any cable system with 55 or more (but not morethan 100) activated channels shall designate 15 percent of such channels
which are not otherwise required for use (or the use of which is notprohibited) by Federal law or regulation.
(C) An operator of any cable system with more than 100 activatedchannels shall designate 15 percent of all such channels.
(D) An operator of any cable system with fewer than 36 activatedchannels shall not be required to designate channel capacity for commercial
use by persons unaffiliated with the operator, unless the cable system isrequired to provide such channel capacity under the terms of a franchise ineffect on the date of the enactment of this title.
(E) An operator of any cable system in operation on the date of theenactment of this title shall not be required to remove any service actually
being provided on July 1, 1984, in order to comply with this section, butshall make channel capacity available for commercial use as such capacity
becomes available until such time as the cable operator is in full compliancewith this section.
(2) Any Federal agency, State, or franchising authority may not require any
cable system to designate channel capacity for commercial use by unaffiliatedpersons in excess of the capacity specified in paragraph (1), except as otherwise
provided in this section.
(3) A cable operator may not be required, as part of a request for proposals
or as part of a proposal for renewal, subject to section 626, to designate channel
capacity for any use (other than commercial use by unaffiliated persons under thissection) except as provided in sections 611 and 637, but a cable operator may offer
in a franchise, or proposal for renewal thereof, to provide, consistent withapplicable law, such capacity for other than commercial use by such persons.
(4) A cable operator may use any unused channel capacity designatedpursuant to this section until the use of such channel capacity is obtained, pursuant

252

Communications Act of 1934
to a written agreement, by a person unaffiliated with the operator.
(5) For the purposes of this section, the term ''commercial use'' means theprovision of video programming, whether or not for profit.
(6) Any channel capacity which has been designated for public,
educational, or governmental use may not be considered as designated under thissection for commercial use for purpose of this section.
(c)(1) If a person unaffiliated with the cable operator seeks to use channel
capacity designated pursuant to subsection (b) for commercial use, the cable
operator shall establish, consistent with the purpose of this section and with rules
prescribed by the Commission under paragraph (4), the price, terms, andconditions of such use which are at least sufficient to assure that such use will notadversely affect the operation, financial condition, or market development of thecable system.
(2) A cable operator shall not exercise any editorial control over any video
programming provided pursuant to this section, or in any other way consider thecontent of such programming, except that a cable operator may refuse to transmit
any leased access program or portion of a leased access program which contains
obscenity, indecency, or nudity and may consider such content to the minimum
extent necessary to establish a reasonable price for the commercial use ofdesignated channel capacity by an unaffiliated person.
(3) Any cable system channel designated in accordance with this section
shall not be used to provide a cable service that is being provided over such systemon the date of the enactment of this title, if the provision of such programming is
intended to avoid the purpose of this section.
(4)(A) The Commission shall have the authority to-(i) determine the maximum reasonable rates that a cable operator
may establish pursuant to paragraph (1) for commercial use of designatedchannel capacity, including the rate charged for the billing of rates tosubscribers and for the collection of revenue from subscribers by the cable
operator for such use;(ii) establish reasonable terms and conditions for such use, including
those for billing and collection; and(iii) establish procedures for the expedited resolution of disputes
concerning rates or carriage under this section.
(B) Within 180 days after the date of enactment of this paragraph, theCommission shall establish rules for determining maximum reasonable rates undersubparagraph (A)(i), for establishing terms and conditions under subparagraph(A)(ii), and for providing procedures under subparagraph (A)(iii).
(d) Any person aggrieved by the failure or refusal of a cable operator to
make channel capacity available for use pursuant to this section may bring anaction in the district court of the United States for the judicial district in which thecable system is located to compel that such capacity be made available. If the court

253

Communications Act of 1934
finds that the channel capacity sought by such person has not been made available
in accordance with this section, or finds that the price, terms, or conditions
established by the cable operator are unreasonable, the court may order such
system to make available to such person the channel capacity sought, and further
determine the appropriate price, terms, or conditions for such use consistent withsubsection (c), and may award actual damages if it deems such relief appropriate.
In any such action, the court shall not consider any price, term, or condition
established between an operator and an affiliate for comparable services.
(e)(1) Any person aggrieved by the failure or refusal of a cable operator to
make channel capacity available pursuant to this section may petition theCommission for relief under this subsection upon a showing of prior adjudicatedviolations of this section. Records of previous adjudications resulting in a court
determination that the operator has violated this section shall be considered as
sufficient for the showing necessary under this subsection. If the Commission findsthat the channel capacity sought by such person has not been made available inaccordance with this section, or that the price, terms, or conditions established bysuch system are unreasonable under subsection (c), the Commission shall, by ruleor order, require such operator to make available such channel capacity underprice, terms, and conditions consistent with subsection (c).
(2) In any case in which the Commission finds that the prior adjudicatedviolations of this section constitute a pattern or practice of violations by anoperator, the Commission may also establish any further rule or order necessary toassure that the operator provides the diversity of information sources required bythis section.
(3) In any case in which the Commission finds that the prior adjudicatedviolations of this section constitute a pattern or practice of violations by any
person who is an operator of more than one cable system, the Commission may
also establish any further rule or order necessary to assure that such person
provides the diversity of information sources required by this section.
(f) In any action brought under this section in any Federal district court orbefore the Commission, there shall be a presumption that the price, terms, andconditions for use of channel capacity designated pursuant to subsection (b) arereasonable and in good faith unless shown by clear and convincing evidence to thecontrary.
(g) Notwithstanding sections 621(c) and 623(a), at such time as cablesystems with 36 or more activated channels are available to 70 percent ofhouseholds within the United States and are subscribed to by 70 percent of thehouseholds to which such systems are available, the Commission may promulgate
any additional rules necessary to provide diversity of information sources. Anyrules promulgated by the Commission pursuant to this subsection shall not preempt
authority expressly granted to franchising authorities under this title.
(h) Any cable service offered pursuant to this section shall not be provided,

254

Communications Act of 1934or shall be provided subject to conditions, if such cable service in the judgment of
the franchising authority or the cable operator is obscene, or is in conflict with
community standards in that it is lewd, lascivious, filthy, or indecent or isotherwise unprotected by the Constitution of the United States. This subsection
shall permit a cable operator to enforce prospectively a written and publishedpolicy of prohibiting programming that the cable operator reasonably believes
describes or depicts sexual or excretory activities or organs in a patently offensive
manner as measured by contemporary community standards.
(i)(1) Notwithstanding the provisions of subsections (b) and (c), a cable
operator required by this section to designate channel capacity for commercial use
may use any such channel capacity for the provision of programming from aqualified minority programming source or from any qualified educational
programming source, whether or not such source is affiliated with the cable
operator. The channel capacity used to provide programming from a qualified
minority programming source or from any qualified educational programming
source pursuant to this subsection may not exceed 33 percent of the channel
capacity designated pursuant to this section. No programming provided over a
cable system on July 1, 1990, may qualify as minority programming or educational
programming on that cable system under this subsection.
(2) For purposes of this subsection, the term ''qualified minority
programming source'' means a programming source which devotes substantially allof its programming to coverage of minority viewpoints, or to programming
directed at members of minority groups, and which is over 50 percent minorityowned, as the term ''minority'' is defined in section 309(i)(3)(C)(ii).
(3) For purposes of this subsection, the term ''qualified educational
programming source'' means a programming source which devotes substantially allof its programming to educational or instructional programming that promotes
public understanding of mathematics, the sciences, the humanities, and the arts andhas a documented annual expenditure on programming exceeding $15,000,000.
The annual expenditure on programming means all annual costs incurred by the
programming source to produce or acquire programs which are scheduled to be
televised, and specifically excludes marketing, promotion, satellite transmission
and operational costs, and general administrative costs.
(4) Nothing in this subsection shall substitute for the requirements to carry
qualified noncommercial educational television stations as specified under section
615.
(j)(1) Within 120 days following the date of the enactment of thissubsection, the Commission shall promulgate regulations designed to limit theaccess of children to indecent programming, as defined by Commission
regulations, and which cable operators have not voluntarily prohibited undersubsection (h) by-(A) requiring cable operators to place on a single channel all255Communications Act of 1934
indecent programs, as identified by program providers, intended for
carriage on channels designated for commercial use under this section;(B) requiring cable operators to block such single channel unlessthe subscriber requests access to such channel in writing; and(C) requiring programmers to inform cable operators if the program
would be indecent as defined by Commission regulations.
(2) Cable operators shall comply with the regulations promulgatedpursuant to paragraph (1).
SEC. 613. [47 U.S.C. 533] OWNERSHIP RESTRICTIONS.
(a) It shall be unlawful for a cable operator to hold a license formultichannel multipoint distribution service, or to offer satellite master antenna
television service separate and apart from any franchised cable service, in any
portion of the franchise area served by that cable operator's cable system. The
Commission-(1) shall waive the requirements of this paragraph for all existing
multichannel multipoint distribution services and satellite master antenna
television services which are owned by a cable operator on the date ofenactment of this paragraph;(2) may waive the requirements of this paragraph to the extent theCommission determines is necessary to ensure that all significant portionsof a franchise area are able to obtain video programming; and(3) shall not apply the requirements of this subsection to any cable
operator in any franchise area in which a cable operator is subject toeffective competition as determined under section 623(l).
[Subsection (b) repealed by section 302(b)(1) of the Telecommunications
Act of 1996 (P.L. 104-104), 110 Stat. 124.](c) The Commission may prescribe rules with respect to the ownership orcontrol of cable systems by persons who own or control other media of masscommunications which serve the same community served by a cable system.
(d) Any State or franchising authority may not prohibit the ownership orcontrol of a cable system by any person because of such person's ownership orcontrol of any other media of mass communications or other media interests.
Nothing in this section shall be construed to prevent any State or franchisingauthority from prohibiting the ownership or control of a cable system in ajurisdiction by any person (1) because of such person's ownership or control of any
other cable system in such jurisdiction; or (2) in circumstances in which the Stateor franchising authority determines that the acquisition of such a cable system may
eliminate or reduce competition in the delivery of cable service in such jurisdiction.
(e)(1) Subject to paragraph (2), a State or franchising authority may holdany ownership interest in any cable system.
(2) Any State or franchising authority shall not exercise any editorial

256

Communications Act of 1934
control regarding the content of any cable service on a cable system in which suchgovernmental entity holds ownership interest (other than programming on any
channel designated for educational or governmental use), unless such control is
exercised through an entity separate from the franchising authority.
(f)(1) In order to enhance effective competition, the Commission shall,
within one year after the date of enactment of the Cable Television Consumer
Protection and Competition Act of 1992, conduct a proceeding-(A) to prescribe rules and regulations establishing reasonable limits
on the number of cable subscribers a person is authorized to reach throughcable systems owned by such person, or in which such person has an
attributable interest;(B) to prescribe rules and regulations establishing reasonable limits
on the number of channels on a cable system that can be occupied by avideo programmer in which a cable operator has an attributable interest;and(C) to consider the necessity and appropriateness of imposing
limitations on the degree to which multichannel video programming
distributors may engage in the creation or production of video
programming.
(2) In prescribing rules and regulations under paragraph (1), theCommission shall, among other public interest objectives-(A) ensure that no cable operator or group of cable operators canunfairly impede, either because of the size of any individual operator or
because of joint actions by a group of operators of sufficient size, the flowof video programming from the video programmer to the consumer;(B) ensure that cable operators affiliated with video programmers
do not favor such programmers in determining carriage on their cablesystems or do not unreasonably restrict the flow of the video programmingof such programmers to other video distributors;(C) take particular account of the market structure, ownership
patterns, and other relationships of the cable television industry, including
the nature and market power of the local franchise, the joint ownership ofcable systems and video programmers, and the various types of non-equity
controlling interests;(D) account for any efficiencies and other benefits that might begained through increased ownership or control;(E) make such rules and regulations reflect the dynamic nature of
the communications marketplace;(F) not impose limitations which would bar cable operators fromserving previously unserved rural areas; and(G) not impose limitations which would impair the development ofdiverse and high quality video programming.

257

Communications Act of 1934(g) This section shall not apply to prohibit any combination of any interests
held by any person on July 1, 1984, to the extent of the interests so held as of suchdate, if the holding of such interests was not inconsistent with any applicableFederal or State law or regulations in effect on that date.
(h) For purposes of this section, the term ''media of mass communications''
shall have the meaning given such term under section 309(i)(3)(C)(i) of this Act.
SEC. 614. [47 U.S.C. 534] CARRIAGE OF LOCAL COMMERCIALTELEVISION SIGNALS.
(a) CARRIAGE OBLIGATIONS.--Each cable operator shall carry, on the cablesystem of that operator, the signals of local commercial television stations andqualified low power stations as provided by this section. Carriage of additional
broadcast television signals on such system shall be at the discretion of suchoperator, subject to section 325(b).
(b) SIGNALS REQUIRED.-(1) IN GENERAL.--(A) A cable operator of a cable system with 12 or
fewer usable activated channels shall carry the signals of at least three local
commercial television stations, except that if such a system has 300 or
fewer subscribers, it shall not be subject to any requirements under thissection so long as such system does not delete from carriage by that system
any signal of a broadcast television station.
(B) A cable operator of a cable system with more than 12 usable
activated channels shall carry the signals of local commercial television
stations, up to one-third of the aggregate number of usable activatedchannels of such system.
(2) SELECTION OF SIGNALS.--Whenever the number of local
commercial television stations exceeds the maximum number of signals acable system is required to carry under paragraph (1), the cable operator
shall have discretion in selecting which such stations shall be carried on its
cable system, except that-(A) under no circumstances shall a cable operator carry aqualified low power station in lieu of a local commercial television
station; and(B) if the cable operator elects to carry an affiliate of abroadcast network (as such term is defined by the Commission by
regulation), such cable operator shall carry the affiliate of suchbroadcast network whose city of license reference point, as definedin section 76.53 of title 47, Code of Federal Regulations (in effecton January 1, 1991), or any successor regulation thereto, is closest
to the principal headend of the cable system.
(3) CONTENT TO BE CARRIED.--(A) A cable operator shall carry in
its entirety, on the cable system of that operator, the primary video,

258

Communications Act of 1934
accompanying audio, and line 21 closed caption transmission of each of thelocal commercial television stations carried on the cable system and, to theextent technically feasible, program-related material carried in the verticalblanking interval or on subcarriers. Retransmission of other material in thevertical blanking internal or other nonprogram-related material (including
teletext and other subscription and advertiser-supported information
services) shall be at the discretion of the cable operator. Where appropriate
and feasible, operators may delete signal enhancements, such as ghostcanceling, from the broadcast signal and employ such enhancements at thesystem headend or headends.
(B) The cable operator shall carry the entirety of the program
schedule of any television station carried on the cable system unlesscarriage of specific programming is prohibited, and other programming
authorized to be substituted, under section 76.67 or subpart F of part 76 oftitle 47, Code of Federal Regulations (as in effect on January 1, 1991), or
any successor regulations thereto.
(4) SIGNAL QUALITY.-(A) NONDEGRADATION; TECHNICAL SPECIFICATIONS.--The
signals of local commercial television stations that a cable operator
carries shall be carried without material degradation. The
Commission shall adopt carriage standards to ensure that, to theextent technically feasible, the quality of signal processing andcarriage provided by a cable system for the carriage of local
commercial television stations will be no less than that provided by
the system for carriage of any other type of signal.
(B) ADVANCED TELEVISION.--At such time as theCommission prescribes modifications of the standards for television
broadcast signals, the Commission shall initiate a proceeding toestablish any changes in the signal carriage requirements of cable
television systems necessary to ensure cable carriage of suchbroadcast signals of local commercial television stations which havebeen changed to conform with such modified standards.
(5) DUPLICATION NOT REQUIRED.--Notwithstanding paragraph (1),a cable operator shall not be required to carry the signal of any local
commercial television station that substantially duplicates the signal ofanother local commercial television station which is carried on its cablesystem, or to carry the signals of more than one local commercial television
station affiliated with a particular broadcast network (as such term isdefined by regulation). If a cable operator elects to carry on its cablesystem a signal which substantially duplicates the signal of another local
commercial television station carried on the cable system, or to carry on its
system the signals of more than one local commercial television station

259

Communications Act of 1934
affiliated with a particular broadcast network, all such signals shall becounted toward the number of signals the operator is required to carryunder paragraph (1).
(6) CHANNEL POSITIONING.--Each signal carried in fulfillment of thecarriage obligations of a cable operator under this section shall be carriedon the cable system channel number on which the local commercial
television station is broadcast over the air, or on the channel on which it
was carried on July 19, 1985, or on the channel on which it was carried on
January 1, 1992, at the election of the station, or on such other channel
number as is mutually agreed upon by the station and the cable operator.
Any dispute regarding the positioning of a local commercial television
station shall be resolved by the Commission.
(7) SIGNAL AVAILABILITY.--Signals carried in fulfillment of therequirements of this section shall be provided to every subscriber of a cablesystem. Such signals shall be viewable via cable on all television receiversof a subscriber which are connected to a cable system by a cable operator
or for which a cable operator provides a connection. If a cable operator
authorizes subscribers to install additional receiver connections, but does
not provide the subscriber with such connections, or with the equipment
and materials for such connections, the operator shall notify such
subscribers of all broadcast stations carried on the cable system whichcannot be viewed via cable without a converter box and shall offer to sellor lease such a converter box to such subscribers at rates in accordancewith section 623(b)(3).
(8) IDENTIFICATION OF SIGNALS CARRIED.--A cable operator shallidentify, upon request by any person, the signals carried on its system infulfillment of the requirements of this section.
(9) NOTIFICATION.--A cable operator shall provide written notice toa local commercial television station at least 30 days prior to either deletingfrom carriage or repositioning that station. No deletion or repositioning of
a local commercial television station shall occur during a period in which
major television ratings services measure the size of audiences of local
television stations. The notification provisions of this paragraph shall not be
used to undermine or evade the channel positioning or carriage
requirements imposed upon cable operators under this section.
(10) COMPENSATION FOR CARRIAGE.--A cable operator shall not
accept or request monetary payment or other valuable consideration in
exchange either for carriage of local commercial television stations infulfillment of the requirements of this section or for the channel positioning
rights provided to such stations under this section, except that-(A) any such station may be required to bear the costs
associated with delivering a good quality signal or a baseband video

260

Communications Act of 1934
signal to the principal headend of the cable system;(B) a cable operator may accept payments from stations
which would be considered distant signals under section 111 of title
17, United States Code, as indemnification for any increased
copyright liability resulting from carriage of such signal; and(C) a cable operator may continue to accept monetary
payment or other valuable consideration in exchange for carriage orchannel positioning of the signal of any local commercial television
station carried in fulfillment of the requirements of this section,
through, but not beyond, the date of expiration of an agreement
thereon between a cable operator and a local commercial television
station entered into prior to June 26, 1990.
(c) LOW POWER STATION CARRIAGE OBLIGATION.-(1) REQUIREMENT.--If there are not sufficient signals of full power
local commercial television stations to fill the channels set aside undersubsection (b)-(A) a cable operator of a cable system with a capacity of 35
or fewer usable activated channels shall be required to carry one
qualified low power station; and(B) a cable operator of a cable system with a capacity ofmore than 35 usable activated channels shall be required to carry
two qualified low power stations.
(2) USE OF PUBLIC, EDUCATIONAL, OR GOVERNMENTAL CHANNELS.-A cable operator required to carry more than one signal of a qualified low
power station under this subsection may do so, subject to approval by the
franchising authority pursuant to section 611, by placing such additional
station on public, educational, or governmental channels not in use for theirdesignated purposes.
(d) REMEDIES.-(1) COMPLAINTS BY BROADCAST STATIONS.--Whenever a local
commercial television station believes that a cable operator has failed tomeet its obligations under this section, such station shall notify theoperator, in writing, of the alleged failure and identify its reasons forbelieving that the cable operator is obligated to carry the signal of suchstation or has otherwise failed to comply with the channel positioning or
repositioning or other requirements of this section. The cable operator
shall, within 30 days of such written notification, respond in writing to such
notification and either commence to carry the signal of such station inaccordance with the terms requested or state its reasons for believing that it
is not obligated to carry such signal or is in compliance with the channel
positioning and repositioning and other requirements of this section. A
local commercial television station that is denied carriage or channel

261

Communications Act of 1934
positioning or repositioning in accordance with this section by a cable
operator may obtain review of such denial by filing a complaint with theCommission. Such complaint shall allege the manner in which such cable
operator has failed to meet its obligations and the basis for such allegations.
(2) OPPORTUNITY TO RESPOND.--The Commission shall afford suchcable operator an opportunity to present data and arguments to establishthat there has been no failure to meet its obligations under this section.
(3) REMEDIAL ACTIONS; DISMISSAL.--Within 120 days after the datea complaint is filed, the Commission shall determine whether the cable
operator has met its obligations under this section. If the Commission
determines that the cable operator has failed to meet such obligations, theCommission shall order the cable operator to reposition the complaining
station or, in the case of an obligation to carry a station, to commence
carriage of the station and to continue such carriage for at least 12 months.
If the Commission determines that the cable operator has fully met therequirements of this section, it shall dismiss the complaint.
(e) INPUT SELECTOR SWITCH RULES ABOLISHED.--No cable operator shallbe required-(1) to provide or make available any input selector switch as
defined in section 76.5(mm) of title 47, Code of Federal Regulations, or
any comparable device; or(2) to provide information to subscribers about input selector
switches or comparable devices.
(f) REGULATIONS BY COMMISSION.--Within 180 days after the date ofenactment of this section, the Commission shall, following a rulemaking
proceeding, issue regulations implementing the requirements imposed by thissection. Such implementing regulations shall include necessary revisions to update
section 76.51 of title 47 of the Code of Federal Regulations.
(g) SALES PRESENTATIONS AND PROGRAM LENGTH COMMERCIALS.-(1) CARRIAGE PENDING PROCEEDING.--Pending the outcome of theproceeding under paragraph (2), nothing in this Act shall require a cable
operator to carry on any tier, or prohibit a cable operator from carrying on
any tier, the signal of any commercial television station or video
programming service that is predominantly utilized for the transmission ofsales presentations or program length commercials.
(2) PROCEEDING CONCERNING CERTAIN STATIONS.--Within 270
days after the date of enactment of this section, the Commission,
notwithstanding prior proceedings to determine whether broadcast
television stations that are predominantly utilized for the transmission ofsales presentations or program length commercials are serving the public
interest, convenience, and necessity, shall complete a proceeding inaccordance with this paragraph to determine whether broadcast television262

Communications Act of 1934
stations that are predominantly utilized for the transmission of sales
presentations or program length commercials are serving the public
interest, convenience, and necessity. In conducting such proceeding, theCommission shall provide appropriate notice and opportunity for publiccomment. The Commission shall consider the viewing of such stations, thelevel of competing demands for the spectrum allocated to such stations,and the role of such stations in providing competition to nonbroadcast
services offering similar programming. In the event that the Commission
concludes that one or more of such stations are serving the public interest,
convenience, and necessity, the Commission shall qualify such stations as
local commercial television stations for purposes of subsection (a). In theevent that the Commission concludes that one or more of such stations are
not serving the public interest, convenience, and necessity, the Commission
shall allow the licensees of such stations a reasonable period within whichto provide different programming, and shall not deny such stations arenewal expectancy solely because their programming consisted
predominantly of sales presentations or program length commercials.
(h) DEFINITIONS.-(1) LOCAL COMMERCIAL TELEVISION STATION.-(A) IN GENERAL.--For purposes of this section, the term''local commercial television station'' means any full power
television broadcast station, other than a qualified noncommercial
educational television station within the meaning of section
615(l)(1), licensed and operating on a channel regularly assigned toits community by the Commission that, with respect to a particular
cable system, is within the same television market as the cablesystem.
(B) EXCLUSIONS.--The term ''local commercial television
station'' shall not include-(i) low power television stations, televisiontranslator stations, and passive repeaters which operate
pursuant to part 74 of title 47, Code of Federal Regulations,or any successor regulations thereto;(ii) a television broadcast station that would beconsidered a distant signal under section 111 of title 17,
United States Code, if such station does not agree toindemnify the cable operator for any increased copyrightliability resulting from carriage on the cable system; or(iii) a television broadcast station that does notdeliver to the principal headend of a cable system either asignal level of ^45dBm for UHF signals or ^49dBm for
VHF signals at the input terminals of the signal processing

263

Communications Act of 1934
equipment, if such station does not agree to be responsible
for the costs of delivering to the cable system a signal ofgood quality or a baseband video signal.
(C) MARKET DETERMINATIONS.--(i) For purposes of thissection, a broadcasting station's market shall be determined by theCommission by regulation or order using, where available,commercial publications which delineate television markets basedon viewing patterns, except that, following a written request, theCommission may, with respect to a particular television broadcast
station, include additional communities within its television market
or exclude communities from such station's television market tobetter effectuate the purposes of this section. In considering such
requests, the Commission may determine that particularcommunities are part of more than one television market.
(ii) In considering requests filed pursuant to clause (i), theCommission shall afford particular attention to the value of localism
by taking into account such factors as-(I) whether the station, or other stations located in
the same area, have been historically carried on the cablesystem or systems within such community;(II) whether the television station provides coverageor other local service to such community;(III) whether any other television station that iseligible to be carried by a cable system in such community infulfillment of the requirements of this section provides news
coverage of issues of concern to such community orprovides carriage or coverage of sporting and other eventsof interest to the community; and(IV) evidence of viewing patterns in cable andnoncable households within the areas served by the cablesystem or systems in such community.
(iii) A cable operator shall not delete from carriage thesignal of a commercial television station during the pendency of any
proceeding pursuant to this subparagraph.
(iv) Within 120 days after the date on which a request is
filed under this subparagraph (or 120 days after the date ofenactment of the Telecommunications Act of 1996, if later), theCommission shall grant or deny the request.
(2) QUALIFIED LOW POWER STATION.--The term ''qualified low
power station'' means any television broadcast station conforming to therules established for Low Power Television Stations contained in part 74 oftitle 47, Code of Federal Regulations, only if--264

Communications Act of 1934(A) such station broadcasts for at least the minimum numberof hours of operation required by the Commission for television
broadcast stations under part 73 of title 47, Code of Federal
Regulations;(B) such station meets all obligations and requirements
applicable to television broadcast stations under part 73 of title 47,
Code of Federal Regulations, with respect to the broadcast ofnonentertainment programming; programming and rates involving
political candidates, election issues, controversial issues of public
importance, editorials, and personal attacks; programming forchildren; and equal employment opportunity; and the Commission
determines that the provision of such programming by such station
would address local news and informational needs which are notbeing adequately served by full power television broadcast stations
because of the geographic distance of such full power stations fromthe low power station's community of license;(C) such station complies with interference regulations
consistent with its secondary status pursuant to part 74 of title 47,
Code of Federal Regulations;(D) such station is located no more than 35 miles from thecable system's headend, and delivers to the principal headend of thecable system an over-the-air signal of good quality, as determinedby the Commission;(E) the community of license of such station and thefranchise area of the cable system are both located outside of thelargest 160 Metropolitan Statistical Areas, ranked by population, as
determined by the Office of Management and Budget on June 30,
1990, and the population of such community of license on such date
did not exceed 35,000; and(F) there is no full power television broadcast station
licensed to any community within the county or other politicalsubdivision (of a State) served by the cable system.
Nothing in this paragraph shall be construed to change the secondary statusof any low power station as provided in part 74 of title 47, Code of Federal
Regulations, as in effect on the date of enactment of this section.
SEC. 615. [47 U.S.C. 535] CARRIAGE OF NONCOMMERCIALEDUCATIONAL TELEVISION.
(a) CARRIAGE OBLIGATIONS.--In addition to the carriage requirements set
forth in section 614, each cable operator of a cable system shall carry the signals of
qualified noncommercial educational television stations in accordance with theprovisions of this section.

265

Communications Act of 1934(b) REQUIREMENTS TO CARRY QUALIFIED STATIONS.-(1) GENERAL REQUIREMENT TO CARRY EACH QUALIFIED STATION.-Subject to paragraphs (2) and (3) and subsection (e), each cable operator
shall carry, on the cable system of that cable operator, any qualified local
noncommercial educational television station requesting carriage.
(2)(A) SYSTEMS WITH 12 OR FEWER CHANNELS.--Notwithstanding
paragraph (1), a cable operator of a cable system with 12 or fewer usable
activated channels shall be required to carry the signal of one qualified local
noncommercial educational television station; except that a cable operatorof such a system shall comply with subsection (c) and may, in its discretion,
carry the signals of other qualified noncommercial educational television
stations.
(B) In the case of a cable system described in subparagraph (A)which operates beyond the presence of any qualified local noncommercial
educational television station-(i) the cable operator shall import and carry on that system
the signal of one qualified noncommercial educational television
station;(ii) the selection for carriage of such a signal shall be at theelection of the cable operator; and(iii) in order to satisfy the requirements for carriage
specified in this subsection, the cable operator of the system shallnot be required to remove any other programming service actuallyprovided to subscribers on March 29, 1990; except that such cable
operator shall use the first channel available to satisfy therequirements of this subparagraph.
(3) SYSTEMS WITH 13 TO 36 CHANNELS.--(A) Subject to subsection(c), a cable operator of a cable system with 13 to 36 usable activatedchannels-(i) shall carry the signal of at least one qualified local
noncommercial educational television station but shall not be
required to carry the signals of more than three such stations, and(ii) may, in its discretion, carry additional such stations.
(B) In the case of a cable system described in this paragraph which
operates beyond the presence of any qualified local noncommercial
educational television station, the cable operator shall import and carry onthat system the signal of at least one qualified noncommercial educational
television station to comply with subparagraph (A)(i).
(C) The cable operator of a cable system described in thisparagraph which carries the signal of a qualified local noncommercial
educational station affiliated with a State public television network shall not
be required to carry the signal of any additional qualified local

266

Communications Act of 1934
noncommercial educational television stations affiliated with the same
network if the programming of such additional stations is substantially
duplicated by the programming of the qualified local noncommercial
educational television station receiving carriage.
(D) A cable operator of a system described in this paragraph which
increases the usable activated channel capacity of the system to more than
36 channels on or after March 29, 1990, shall, in accordance with the otherprovisions of this section, carry the signal of each qualified local
noncommercial educational television station requesting carriage, subject tosubsection (e).
(c) CONTINUED CARRIAGE OF EXISTING STATIONS.--Notwithstanding anyother provision of this section, all cable operators shall continue to provide
carriage to all qualified local noncommercial educational television stations whose
signals were carried on their systems as of March 29, 1990. The requirements ofthis subsection may be waived with respect to a particular cable operator and aparticular such station, upon the written consent of the cable operator and thestation.
(d) PLACEMENT OF ADDITIONAL SIGNALS.--A cable operator required to
add the signals of qualified local noncommercial educational television stations to acable system under this section may do so, subject to approval by the franchisingauthority pursuant to section 611, by placing such additional stations on public,
educational, or governmental channels not in use for their designated purposes.
(e) SYSTEMS WITH MORE THAN 36 CHANNELS.--A cable operator of acable system with a capacity of more than 36 usable activated channels which is
required to carry the signals of three qualified local noncommercial educational
television stations shall not be required to carry the signals of additional suchstations the programming of which substantially duplicates the programming
broadcast by another qualified local noncommercial educational television station
requesting carriage. Substantial duplication shall be defined by the Commission in amanner that promotes access to distinctive noncommercial educational television
services.
(f) WAIVER OF NONDUPLICATION RIGHTS.--A qualified local
noncommercial educational television station whose signal is carried by a cable
operator shall not assert any network nonduplication rights it may have pursuant tosection 76.92 of title 47, Code of Federal Regulations, to require the deletion ofprograms aired on other qualified local noncommercial educational television
stations whose signals are carried by that cable operator.
(g) CONDITIONS OF CARRIAGE.-(1) CONTENT TO BE CARRIED.--A cable operator shall retransmit in
its entirety the primary video, accompanying audio, and line 21 closed
caption transmission of each qualified local noncommercial educational
television station whose signal is carried on the cable system, and, to the267Communications Act of 1934
extent technically feasible, program-related material carried in the verticalblanking interval, or on subcarriers, that may be necessary for receipt ofprogramming by handicapped persons or for educational or language
purposes. Retransmission of other material in the vertical blanking intervalor on subcarriers shall be within the discretion of the cable operator.
(2) BANDWIDTH AND TECHNICAL QUALITY.--A cable operator shallprovide each qualified local noncommercial educational television station
whose signal is carried in accordance with this section with bandwidth andtechnical capacity equivalent to that provided to commercial television
broadcast stations carried on the cable system and shall carry the signal ofeach qualified local noncommercial educational television station withoutmaterial degradation.
(3) CHANGES IN CARRIAGE.--The signal of a qualified local
noncommercial educational television station shall not be repositioned by acable operator unless the cable operator, at least 30 days in advance ofsuch repositioning, has provided written notice to the station and all
subscribers of the cable system. For purposes of this paragraph,
repositioning includes (A) assignment of a qualified local noncommercial
educational television station to a cable system channel number different
from the cable system channel number to which the station was assigned asof March 29, 1990, and (B) deletion of the station from the cable system.
The notification provisions of this paragraph shall not be used to undermine
or evade the channel positioning or carriage requirements imposed upon
cable operators under this section.
(4) GOOD QUALITY SIGNAL REQUIRED.--Notwithstanding the otherprovisions of this section, a cable operator shall not be required to carry thesignal of any qualified local noncommercial educational television station
which does not deliver to the cable system's principal headend a signal ofgood quality or a baseband video signal, as may be defined by theCommission.
(5) CHANNEL POSITIONING.--Each signal carried in fulfillment of thecarriage obligations of a cable operator under this section shall be carriedon the cable system channel number on which the qualified local
noncommercial educational television station is broadcast over the air, oron the channel on which it was carried on July 19, 1985, at the election of
the station, or on such other channel number as is mutually agreed upon by
the station and the cable operator. Any dispute regarding the positioning ofa qualified local noncommercial educational television station shall be
resolved by the Commission.
(h) AVAILABILITY OF SIGNALS.--Signals carried in fulfillment of thecarriage obligations of a cable operator under this section shall be available toevery subscriber as part of the cable system's lowest priced service tier that

268

Communications Act of 1934
includes the retransmission of local commercial television broadcast signals.
(i) PAYMENT FOR CARRIAGE PROHIBITED.-(1) IN GENERAL.--A cable operator shall not accept monetary
payment or other valuable consideration in exchange for carriage of thesignal of any qualified local noncommercial educational television station
carried in fulfillment of the requirements of this section, except that such astation may be required to bear the cost associated with delivering a goodquality signal or a baseband video signal to the principal headend of thecable system.
(2) DISTANT SIGNAL EXCEPTION.--Notwithstanding the provisionsof this section, a cable operator shall not be required to add the signal of aqualified local noncommercial educational television station not alreadycarried under the provision of subsection (c), where such signal would beconsidered a distant signal for copyright purposes unless such stationindemnifies the cable operator for any increased copyright costs resulting
from carriage of such signal.
(j) REMEDIES.-(1) COMPLAINT.--Whenever a qualified local noncommercial
educational television station believes that a cable operator of a cablesystem has failed to comply with the signal carriage requirements of thissection, the station may file a complaint with the Commission. Suchcomplaint shall allege the manner in which such cable operator has failed tocomply with such requirements and state the basis for such allegations.
(2) OPPORTUNITY TO RESPOND.--The Commission shall afford suchcable operator an opportunity to present data, views, and arguments toestablish that the cable operator has complied with the signal carriage
requirements of this section.
(3) REMEDIAL ACTIONS; DISMISSAL.--Within 120 days after the datea complaint is filed under this subsection, the Commission shall determine
whether the cable operator has complied with the requirements of thissection. If the Commission determines that the cable operator has failed tocomply with such requirements, the Commission shall state withparticularity the basis for such findings and order the cable operator to takesuch remedial action as is necessary to meet such requirements. If theCommission determines that the cable operator has fully complied withsuch requirements, the Commission shall dismiss the complaint.
(k) IDENTIFICATION OF SIGNALS.--A cable operator shall identify, uponrequest by any person, those signals carried in fulfillment of the requirements ofthis section.
(l) DEFINITIONS.--For purposes of this section-(1) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISIONSTATION.--The term ''qualified noncommercial educational television269

Communications Act of 1934
station'' means any television broadcast station which-(A)(i) under the rules and regulations of the Commission in
effect on March 29, 1990, is licensed by the Commission as anoncommercial educational television broadcast station and which
is owned and operated by a public agency, nonprofit foundation,
corporation, or association; and(ii) has as its licensee an entity which is eligible to receive acommunity service grant, or any successor grant thereto, from the
Corporation for Public Broadcasting, or any successor organization
thereto, on the basis of the formula set forth in section
396(k)(6)(B); or(B) is owned and operated by a municipality and transmits
predominantly noncommercial programs for educational purposes.
Such term includes (I) the translator of any noncommercial educational
television station with five watts or higher power serving the franchisearea, (II) a full-service station or translator if such station or translator islicensed to a channel reserved for noncommercial educational use pursuant
to section 73.606 of title 47, Code of Federal Regulations, or any successor
regulations thereto, and (III) such stations and translators operating onchannels not so reserved as the Commission determines are qualified as
noncommercial educational stations.
(2) QUALIFIED LOCAL NONCOMMERCIAL EDUCATIONAL TELEVISIONSTATION.--The term ''qualified local noncommercial educational television
station'' means a qualified noncommercial educational television station-(A) which is licensed to a principal community whosereference point, as defined in section 76.53 of title 47, Code ofFederal Regulations (as in effect on March 29, 1990), or any
successor regulations thereto, is within 50 miles of the principal
headend of the cable system; or(B) whose Grade B service contour, as defined in section
73.683(a) of such title (as in effect on March 29, 1990), or any
successor regulations thereto, encompasses the principal headend of
the cable system.
SEC. 616. [47 U.S.C. 536] REGULATION OF CARRIAGE AGREEMENTS.
(a) REGULATIONS.--Within one year after the date of enactment of thissection, the Commission shall establish regulations governing program carriage
agreements and related practices between cable operators or other multichannel
video programming distributors and video programming vendors. Such regulations
shall-(1) include provisions designed to prevent a cable operator or othermultichannel video programming distributor from requiring a financial

270

Communications Act of 1934
interest in a program service as a condition for carriage on one or more ofsuch operator's systems;(2) include provisions designed to prohibit a cable operator or othermultichannel video programming distributor from coercing a video
programming vendor to provide, and from retaliating against such a vendor
for failing to provide, exclusive rights against other multichannel video
programming distributors as a condition of carriage on a system;(3) contain provisions designed to prevent a multichannel video
programming distributor from engaging in conduct the effect of which is tounreasonably restrain the ability of an unaffiliated video programming
vendor to compete fairly by discriminating in video programming
distribution on the basis of affiliation or nonaffiliation of vendors in theselection, terms, or conditions for carriage of video programming provided
by such vendors;(4) provide for expedited review of any complaints made by a video
programming vendor pursuant to this section;(5) provide for appropriate penalties and remedies for violations of
this subsection, including carriage; and(6) provide penalties to be assessed against any person filing afrivolous complaint pursuant to this section.
(b) DEFINITION.--As used in this section, the term ''video programming
vendor'' means a person engaged in the production, creation, or wholesale
distribution of video programming for sale.
SEC. 617. [47 U.S.C. 537] SALES OF CABLE SYSTEMS.
A franchising authority shall, if the franchise requires franchising authority
approval of a sale or transfer, have 120 days to act upon any request for approvalof such sale or transfer that contains or is accompanied by such information as isrequired in accordance with Commission regulations and by the franchisingauthority. If the franchising authority fails to render a final decision on the request
within 120 days, such request shall be deemed granted unless the requesting party
and the franchising authority agree to an extension of time.

PART III--FRANCHISING AND REGULATION
SEC. 621. [47 U.S.C. 541] GENERAL FRANCHISE REQUIREMENTS.
(a)(1) A franchising authority may award, in accordance with theprovisions of this title, 1 or more franchises within its jurisdiction; except that afranchising authority may not grant an exclusive franchise and may notunreasonably refuse to award an additional competitive franchise. Any applicant
whose application for a second franchise has been denied by a final decision of the
franchising authority may appeal such final decision pursuant to the provisions of271

Communications Act of 1934
section 635 for failure to comply with this subsection.
(2) Any franchise shall be construed to authorize the construction of acable system over public rights-of-way, and through easements, which is within thearea to be served by the cable system and which have been dedicated forcompatible uses, except that in using such easements the cable operator shallensure-(A) that the safety, functioning, and appearance of the property andthe convenience and the safety of other persons not be adversely affectedby the installation or construction of facilities necessary for a cable system;(B) that the cost of the installation, construction, operation, or
removal of such facilities be borne by the cable operator or subscriber, or a
combination of both; and(C) that the owner of the property be justly compensated by thecable operator for any damages caused by the installation, construction,
operation, or removal of such facilities by the cable operator.
(3) In awarding a franchise or franchises, a franchising authority shallassure that access to cable service is not denied to any group of potential
residential cable subscribers because of the income of the residents of the local area
in which such group resides.
(4) In awarding a franchise, the franchising authority-(A) shall allow the applicant's cable system a reasonable period oftime to become capable of providing cable service to all households in the
franchise area;(B) may require adequate assurance that the cable operator will
provide adequate public, educational, and governmental access channel
capacity, facilities, or financial support; and(C) may require adequate assurance that the cable operator has thefinancial, technical, or legal qualifications to provide cable service.
(b)(1) Except to the extent provided in paragraph (2) and subsection (f), a
cable operator may not provide cable service without a franchise.
(2) Paragraph (1) shall not require any person lawfully providing cable
service without a franchise on July 1, 1984, to obtain a franchise unless the
franchising authority so requires.
(3)(A) If a cable operator or affiliate thereof is engaged in the provision of
telecommunications services-(i) such cable operator or affiliate shall not be required to obtain afranchise under this title for the provision of telecommunications services;and(ii) the provisions of this title shall not apply to such cable operator
or affiliate for the provision of telecommunications services.
(B) A franchising authority may not impose any requirement under this title
that has the purpose or effect of prohibiting, limiting, restricting, or conditioning

272

Communications Act of 1934
the provision of a telecommunications service by a cable operator or an affiliate
thereof.
(C) A franchising authority may not order a cable operator or affiliate
thereof-(i) to discontinue the provision of a telecommunications service, or(ii) to discontinue the operation of a cable system, to the extent
such cable system is used for the provision of a telecommunications
service, by reason of the failure of such cable operator or affiliate thereof to
obtain a franchise or franchise renewal under this title with respect to theprovision of such telecommunications service.
(D) Except as otherwise permitted by sections 611 and 612, a franchisingauthority may not require a cable operator to provide any telecommunications
service or facilities, other than institutional networks, as a condition of the initial
grant of a franchise, a franchise renewal, or a transfer of a franchise.
(c) Any cable system shall not be subject to regulation as a common carrieror utility by reason of providing any cable service.
(d)(1) A State or the Commission may require the filing of informationaltariffs for any intrastate communications service provided by a cable system, otherthan cable service, that would be subject to regulation by the Commission or any
State if offered by a common carrier subject in whole or in part, to title II of thisAct. Such informational tariffs shall specify the rates, terms, and conditions for theprovision of such service, including whether it is made available to all subscribers
generally, and shall take effect on the date specified therein.
(2) Nothing in this title shall be construed to affect the authority of any
State to regulate any cable operator to the extent that such operator provides any
communication service other than cable service, whether offered on a common
carrier or private contract basis.
(3) For purposes of this subsection, the term ''State'' has the meaning given
it in section 3.
(e) Nothing in this title shall be construed to affect the authority of any
State to license or otherwise regulate any facility or combination of facilities which
serves only subscribers in one or more multiple unit dwellings under common
ownership, control, or management and which does not use any public right-ofway.
(f) No provision of this Act shall be construed to-(1) prohibit a local or municipal authority that is also, or is affiliatedwith, a franchising authority from operating as a multichannel video
programming distributor in the franchise area, notwithstanding the grantingof one or more franchises by such franchising authority; or(2) require such local or municipal authority to secure a franchise tooperate as a multichannel video programming distributor.

273

Communications Act of 1934
SEC. 622. [47 U.S.C. 542] FRANCHISE FEES.
(a) Subject to the limitation of subsection (b), any cable operator may berequired under the terms of any franchise to pay a franchise fee.
(b) For any twelve-month period, the franchise fees paid by a cable
operator with respect to any cable system shall not exceed 5 percent of such cable
operator's gross revenues derived in such period from the operation of the cablesystem to provide cable services. For purposes of this section, the 12-month period
shall be the 12-month period applicable under the franchise for accounting
purposes. Nothing in this subsection shall prohibit a franchising authority and acable operator from agreeing that franchise fees which lawfully could be collected
for any such 12-month period shall be paid on a prepaid or deferred basis; exceptthat the sum of the fees paid during the term of the franchise may not exceed theamount, including the time value of money, which would have lawfully beencollected if such fees had been paid per annum.
(c) Each cable operator may identify, consistent with the regulationsprescribed by the Commission pursuant to section 623, as a separate line item oneach regular bill of each subscriber, each of the following:(1) The amount of the total bill assessed as a franchise fee and theidentity of the franchising authority to which the fee is paid.
(2) The amount of the total bill assessed to satisfy any requirements
imposed on the cable operator by the franchise agreement to support
public, educational, or governmental channels or the use of such channels.
(3) The amount of any other fee, tax, assessment, or charge of any
kind imposed by any governmental authority on the transaction between
the operator and the subscriber.
(d) In any court action under subsection (c), the franchising authority shalldemonstrate that the rate structure reflects all costs of the franchise fees.
(e) Any cable operator shall pass through to subscribers the amount of any
decrease in a franchise fee.
(f) A cable operator may designate that portion of a subscriber's bill
attributable to the franchise fee as a separate item on the bill.
(g) For the purposes of this section-(1) the term ''franchise fee'' includes any tax, fee, or assessment ofany kind imposed by a franchising authority or other governmental entity
on a cable operator or cable subscriber, or both, solely because of theirstatus as such;(2) the term ''franchise fee'' does not include-(A) any tax, fee, or assessment of general applicability(including any such tax, fee, or assessment imposed on both utilities
and cable operators or their services but not including a tax, fee, orassessment which is unduly discriminatory against cable operators
or cable subscribers);

274

Communications Act of 1934(B) in the case of any franchise in effect on the date of theenactment of this title, payments which are required by the franchise
to be made by the cable operator during the term of such franchisefor, or in support of the use of, public, educational, orgovernmental access facilities;(C) in the case of any franchise granted after such date ofenactment, capital costs which are required by the franchise to be
incurred by the cable operator for public, educational, orgovernmental access facilities;(D) requirements or charges incidental to the awarding or
enforcing of the franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification, penalties, or
liquidated damages; or(E) any fee imposed under title 17, United States Code.
(h)(1) Nothing in this Act shall be construed to limit any authorityof a franchising authority to impose a tax, fee, or other assessmentof any kind on any person (other than a cable operator) with respect
to cable service or other communications service provided by such
person over a cable system for which charges are assessed tosubscribers but not received by the cable operator.
(2) For any 12-month period, the fees paid by such person with respect toany such cable service or other communications service shall not exceed 5 percent
of such person's gross revenues derived in such period from the provision of suchservice over the cable system.
(i) Any Federal agency may not regulate the amount of the franchise fees
paid by a cable operator, or regulate the use of funds derived from such fees,
except as provided in this section.
SEC. 623. [47 U.S.C. 543] REGULATION OF RATES.
(a) COMPETITION PREFERENCE; LOCAL AND FEDERALREGULATION.-(1) IN GENERAL.--No Federal agency or State may regulate therates for the provision of cable service except to the extent provided under
this section and section 612. Any franchising authority may regulate therates for the provision of cable service, or any other communications
service provided over a cable system to cable subscribers, but only to theextent provided under this section. No Federal agency, State, or franchisingauthority may regulate the rates for cable service of a cable system that is
owned or operated by a local government or franchising authority within
whose jurisdiction that cable system is located and that is the only cablesystem located within such jurisdiction.
(2) PREFERENCE FOR COMPETITION.--If the Commission finds that a275

Communications Act of 1934
cable system is subject to effective competition, the rates for the provisionof cable service by such system shall not be subject to regulation by theCommission or by a State or franchising authority under this section. If theCommission finds that a cable system is not subject to effective
competition-(A) the rates for the provision of basic cable service shall be
subject to regulation by a franchising authority, or by theCommission if the Commission exercises jurisdiction pursuant toparagraph (6), in accordance with the regulations prescribed by theCommission under subsection (b); and(B) the rates for cable programming services shall be subject
to regulation by the Commission under subsection (c).
(3) QUALIFICATION OF FRANCHISING AUTHORITY.--A franchisingauthority that seeks to exercise the regulatory jurisdiction permitted underparagraph (2)(A) shall file with the Commission a written certification that(A) the franchising authority will adopt and administer
regulations with respect to the rates subject to regulation under thissection that are consistent with the regulations prescribed by theCommission under subsection (b);(B) the franchising authority has the legal authority toadopt, and the personnel to administer, such regulations; and(C) procedural laws and regulations applicable to rate
regulation proceedings by such authority provide a reasonable
opportunity for consideration of the views of interested parties.
(4) APPROVAL BY COMMISSION.--A certification filed by afranchising authority under paragraph (3) shall be effective 30 days after
the date on which it is filed unless the Commission finds, after notice to theauthority and a reasonable opportunity for the authority to comment, that-(A) the franchising authority has adopted or is administering
regulations with respect to the rates subject to regulation under thissection that are not consistent with the regulations prescribed by theCommission under subsection (b);(B) the franchising authority does not have the legal
authority to adopt, or the personnel to administer, such regulations;or(C) procedural laws and regulations applicable to rate
regulation proceedings by such authority do not provide a
reasonable opportunity for consideration of the views of interested
parties.
If the Commission disapproves a franchising authority's certification, theCommission shall notify the franchising authority of any revisions or

276Communications Act of 1934
modifications necessary to obtain approval.
(5) REVOCATION OF JURISDICTION.--Upon petition by a cable
operator or other interested party, the Commission shall review theregulation of cable system rates by a franchising authority under thissubsection. A copy of the petition shall be provided to the franchisingauthority by the person filing the petition. If the Commission finds that the
franchising authority has acted inconsistently with the requirements of thissubsection, the Commission shall grant appropriate relief. If theCommission, after the franchising authority has had a reasonable
opportunity to comment, determines that the State and local laws andregulations are not in conformance with the regulations prescribed by theCommission under subsection (b), the Commission shall revoke thejurisdiction of such authority.
(6) EXERCISE OF JURISDICTION BY COMMISSION.--If theCommission disapproves a franchising authority's certification underparagraph (4), or revokes such authority's jurisdiction under paragraph (5),the Commission shall exercise the franchising authority's regulatory
jurisdiction under paragraph (2)(A) until the franchising authority has
qualified to exercise that jurisdiction by filing a new certification that meetsthe requirements of paragraph (3). Such new certification shall be effective
upon approval by the Commission. The Commission shall act to approve ordisapprove any such new certification within 90 days after the date it isfiled.
(7) AGGREGATION OF EQUIPMENT COSTS.-(A) IN GENERAL.--The Commission shall allow cable
operators, pursuant to any rules promulgated under subsection(b)(3), to aggregate, on a franchise, system, regional, or company
level, their equipment costs into broad categories, such as converter
boxes, regardless of the varying levels of functionality of theequipment within each such broad category. Such aggregation shallnot be permitted with respect to equipment used by subscribers
who receive only a rate regulated basic service tier.
(B) REVISION TO COMMISSION RULES; FORMS.--Within 120
days of the date of enactment of the Telecommunications Act of
1996, the Commission shall issue revisions to the appropriate rules
and forms necessary to implement subparagraph (A).
(b) ESTABLISHMENT OF BASIC SERVICE TIER RATE REGULATIONS.-(1) COMMISSION OBLIGATION TO SUBSCRIBERS.--The Commission
shall, by regulation, ensure that the rates for the basic service tier arereasonable. Such regulations shall be designed to achieve the goal ofprotecting subscribers of any cable system that is not subject to effective
competition from rates for the basic service tier that exceed the rates that

277

Communications Act of 1934
would be charged for the basic service tier if such cable system were
subject to effective competition.
(2) COMMISSION REGULATIONS.--Within 180 days after the date ofenactment of the Cable Television Consumer Protection and Competition
Act of 1992, the Commission shall prescribe, and periodically thereafterrevise, regulations to carry out its obligations under paragraph (1). In
prescribing such regulations, the Commission-(A) shall seek to reduce the administrative burdens on
subscribers, cable operators, franchising authorities, and theCommission;(B) may adopt formulas or other mechanisms andprocedures in complying with the requirements of subparagraph(A); and(C) shall take into account the following factors:(i) the rates for cable systems, if any, that are subject
to effective competition;(ii) the direct costs (if any) of obtaining,transmitting, and otherwise providing signals carried on thebasic service tier, including signals and services carried on
the basic service tier pursuant to paragraph (7)(B), andchanges in such costs;(iii) only such portion of the joint and common costs(if any) of obtaining, transmitting, and otherwise providing
such signals as is determined, in accordance with regulationsprescribed by the Commission, to be reasonably andproperly allocable to the basic service tier, and changes insuch costs;(iv) the revenues (if any) received by a cable
operator from advertising from programming that is carriedas part of the basic service tier or from other consideration
obtained in connection with the basic service tier;(v) the reasonably and properly allocable portion of
any amount assessed as a franchise fee, tax, or charge of any
kind imposed by any State or local authority on thetransactions between cable operators and cable subscribers
or any other fee, tax, or assessment of general applicability
imposed by a governmental entity applied against cable
operators or cable subscribers;(vi) any amount required, in accordance withparagraph (4), to satisfy franchise requirements to support
public, educational, or governmental channels or the use ofsuch channels or any other services required under the278Communications Act of 1934
franchise; and(vii) a reasonable profit, as defined by theCommission consistent with the Commission's obligations to
subscribers under paragraph (1).
(3) EQUIPMENT.--The regulations prescribed by the Commission
under this subsection shall include standards to establish, on the basis ofactual cost, the price or rate for-(A) installation and lease of the equipment used bysubscribers to receive the basic service tier, including a converter
box and a remote control unit and, if requested by the subscriber,such addressable converter box or other equipment as is required toaccess programming described in paragraph (8); and(B) installation and monthly use of connections for
additional television receivers.
(4) COSTS OF FRANCHISE REQUIREMENTS.--The regulationsprescribed by the Commission under this subsection shall include standards
to identify costs attributable to satisfying franchise requirements to support
public, educational, and governmental channels or the use of such channels
or any other services required under the franchise.
(5) IMPLEMENTATION AND ENFORCEMENT.--The regulationsprescribed by the Commission under this subsection shall include additional
standards, guidelines, and procedures concerning the implementation andenforcement of such regulations, which shall include-(A) procedures by which cable operators may implement
and franchising authorities may enforce the regulations prescribedby the Commission under this subsection;(B) procedures for the expeditious resolution of disputes
between cable operators and franchising authorities concerning theadministration of such regulations;(C) standards and procedures to prevent unreasonablecharges for changes in the subscriber's selection of services or
equipment subject to regulation under this section, which standards
shall require that charges for changing the service tier selected shallbe based on the cost of such change and shall not exceed nominal
amounts when the system's configuration permits changes in service
tier selection to be effected solely by coded entry on a computer
terminal or by other similarly simple method; and(D) standards and procedures to assure that subscribers
receive notice of the availability of the basic service tier required
under this section.
(6) NOTICE.--The procedures prescribed by the Commission
pursuant to paragraph (5)(A) shall require a cable operator to provide 30

279

Communications Act of 1934
days' advance notice to a franchising authority of any increase proposed in
the price to be charged for the basic service tier.
(7) COMPONENTS OF BASIC TIER SUBJECT TO RATE REGULATION.-(A) MINIMUM CONTENTS.--Each cable operator of a cablesystem shall provide its subscribers a separately available basic
service tier to which subscription is required for access to any othertier of service. Such basic service tier shall, at a minimum, consistof the following:(i) All signals carried in fulfillment of therequirements of sections 614 and 615.
(ii) Any public, educational, and governmental
access programming required by the franchise of the cablesystem to be provided to subscribers.
(iii) Any signal of any television broadcast stationthat is provided by the cable operator to any subscriber,
except a signal which is secondarily transmitted by a satellite
carrier beyond the local service area of such station.
(B) PERMITTED ADDITIONS TO BASIC TIER.--A cable operator
may add additional video programming signals or services to thebasic service tier. Any such additional signals or services provided
on the basic service tier shall be provided to subscribers at rates
determined under the regulations prescribed by the Commission
under this subsection.
(8) BUY-THROUGH OF OTHER TIERS PROHIBITED.-(A) PROHIBITION.--A cable operator may not require thesubscription to any tier other than the basic service tier required byparagraph (7) as a condition of access to video programming
offered on a per channel or per program basis. A cable operator
may not discriminate between subscribers to the basic service tierand other subscribers with regard to the rates charged for video
programming offered on a per channel or per program basis.
(B) EXCEPTION; LIMITATION.--The prohibition in
subparagraph (A) shall not apply to a cable system that, by reasonof the lack of addressable converter boxes or other technologicallimitations, does not permit the operator to offer programming on a
per channel or per program basis in the same manner required bysubparagraph (A). This subparagraph shall not be available to any
cable operator after-(i) the technology utilized by the cable system ismodified or improved in a way that eliminates suchtechnological limitation; or(ii) 10 years after the date of enactment of the Cable

280

Communications Act of 1934
Television Consumer Protection and Competition Act of
1992, subject to subparagraph (C).
(C) WAIVER.--If, in any proceeding initiated at the requestof any cable operator, the Commission determines that compliancewith the requirements of subparagraph (A) would require the cable
operator to increase its rates, the Commission may, to the extent
consistent with the public interest, grant such cable operator awaiver from such requirements for such specified period as theCommission determines reasonable and appropriate.
(c) REGULATION OF UNREASONABLE RATES.-(1) COMMISSION REGULATIONS.--Within 180 days after the date ofenactment of the Cable Television Consumer Protection and Competition
Act of 1992, the Commission shall, by regulation, establish the following:(A) criteria prescribed in accordance with paragraph (2) for
identifying, in individual cases, rates for cable programming
services that are unreasonable;(B) fair and expeditious procedures for the receipt,
consideration, and resolution of complaints from any franchisingauthority (in accordance with paragraph (3)) alleging that a rate forcable programming services charged by a cable operator violates
the criteria prescribed under subparagraph (A), which procedures
shall include the minimum showing that shall be required for acomplaint to obtain Commission consideration and resolution ofwhether the rate in question is unreasonable; and(C) the procedures to be used to reduce rates for cable
programming services that are determined by the Commission to be
unreasonable and to refund such portion of the rates or charges thatwere paid by subscribers after the filing of the first complaint filedwith the franchising authority under paragraph (3) and that are
determined to be unreasonable.
(2) FACTORS TO BE CONSIDERED.--In establishing the criteria for
determining in individual cases whether rates for cable programming
services are unreasonable under paragraph (1)(A), the Commission shallconsider, among other factors-(A) the rates for similarly situated cable systems offering
comparable cable programming services, taking into accountsimilarities in facilities, regulatory and governmental costs, thenumber of subscribers, and other relevant factors;(B) the rates for cable systems, if any, that are subject toeffective competition;(C) the history of the rates for cable programming servicesof the system, including the relationship of such rates to changes in281

Communications Act of 1934
general consumer prices;(D) the rates, as a whole, for all the cable programming,
cable equipment, and cable services provided by the system, otherthan programming provided on a per channel or per program basis;(E) capital and operating costs of the cable system,
including the quality and costs of the customer service provided by
the cable system; and(F) the revenues (if any) received by a cable operator fromadvertising from programming that is carried as part of the service
for which a rate is being established, and changes in such revenues,
or from other consideration obtained in connection with the cable
programming services concerned.
(3) REVIEW OF RATE CHANGES.--The Commission shall review any
complaint submitted by a franchising authority after the date of enactmentof the Telecommunications Act of 1996 concerning an increase in rates forcable programming services and issue a final order within 90 days after it
receives such a complaint, unless the parties agree to extend the period forsuch review. A franchising authority may not file a complaint under thisparagraph unless, within 90 days after such increase becomes effective it
receives subscriber complaints.
(4) SUNSET OF UPPER TIER RATE REGULATION.--This subsection
shall not apply to cable programming services provided after March 31,
1999.
(d) UNIFORM RATE STRUCTURE REQUIRED.--A cable operator shall have arate structure, for the provision of cable service, that is uniform throughout thegeographic area in which cable service is provided over its cable system. This
subsection does not apply to (1) a cable operator with respect to the provision ofcable service over its cable system in any geographic area in which the video
programming services offered by the operator in that area are subject to effective
competition, or (2) any video programming offered on a per channel or per
program basis. Bulk discounts to multiple dwelling units shall not be subject to thissubsection, except that a cable operator of a cable system that is not subject toeffective competition may not charge predatory prices to a multiple dwelling unit.
Upon a prima facie showing by a complainant that there are reasonable grounds tobelieve that the discounted price is predatory, the cable system shall have theburden of showing that its discounted price is not predatory.
(e) DISCRIMINATION; SERVICES FOR THE HEARING IMPAIRED.--Nothing inthis title shall be construed as prohibiting any Federal agency, State, or afranchising authority from-(1) prohibiting discrimination among subscribers and potential
subscribers to cable service, except that no Federal agency, State, orfranchising authority may prohibit a cable operator from offering

282

Communications Act of 1934
reasonable discounts to senior citizens or other economically disadvantaged
group discounts; or(2) requiring and regulating the installation or rental of equipment
which facilitates the reception of cable service by hearing impaired
individuals.
(f) NEGATIVE OPTION BILLING PROHIBITED.--A cable operator shall not
charge a subscriber for any service or equipment that the subscriber has notaffirmatively requested by name. For purposes of this subsection, a subscriber's
failure to refuse a cable operator's proposal to provide such service or equipment
shall not be deemed to be an affirmative request for such service or equipment.
(g) COLLECTION OF INFORMATION.--The Commission shall, by regulation,require cable operators to file with the Commission or a franchising authority, as
appropriate, within one year after the date of enactment of the Cable Television
Consumer Protection and Competition Act of 1992 and annually thereafter, suchfinancial information as may be needed for purposes of administering and enforcing
this section.
(h) PREVENTION OF EVASIONS.--Within 180 days after the date ofenactment of the Cable Television Consumer Protection and Competition Act of
1992, the Commission shall, by regulation, establish standards, guidelines, andprocedures to prevent evasions, including evasions that result from retiering, of therequirements of this section and shall, thereafter, periodically review and revise
such standards, guidelines, and procedures.
(i) SMALL SYSTEM BURDENS.--In developing and prescribing regulations
pursuant to this section, the Commission shall design such regulations to reduce
the administrative burdens and cost of compliance for cable systems that have
1,000 or fewer subscribers.
(j) RATE REGULATION AGREEMENTS.--During the term of an agreement
made before July 1, 1990, by a franchising authority and a cable operator providing
for the regulation of basic cable service rates, where there was not effective
competition under Commission rules in effect on that date, nothing in this section(or the regulations thereunder) shall abridge the ability of such franchisingauthority to regulate rates in accordance with such an agreement.
(k) REPORTS ON AVERAGE PRICES.--The Commission shall annually publish
statistical reports on the average rates for basic cable service and other cable
programming, and for converter boxes, remote control units, and other equipment,of-(1) cable systems that the Commission has found are subject toeffective competition under subsection (a)(2), compared with
(2) cable systems that the Commission has found are not subject tosuch effective competition.
(l) DEFINITIONS.--As used in this section-(1) The term ''effective competition'' means that--283

Communications Act of 1934(A) fewer than 30 percent of the households in the franchisearea subscribe to the cable service of a cable system;(B) the franchise area is-(i) served by at least two unaffiliated multichannel
video programming distributors each of which offers
comparable video programming to at least 50 percent of thehouseholds in the franchise area; and(ii) the number of households subscribing toprogramming services offered by multichannel video
programming distributors other than the largest
multichannel video programming distributor exceeds 15
percent of the households in the franchise area;(C) a multichannel video programming distributor operated
by the franchising authority for that franchise area offers video
programming to at least 50 percent of the households in thatfranchise area; or(D) a local exchange carrier or its affiliate (or any
multichannel video programming distributor using the facilities ofsuch carrier or its affiliate) offers video programming services
directly to subscribers by any means (other than direct-to-homesatellite services) in the franchise area of an unaffiliated cable
operator which is providing cable service in that franchise area, but
only if the video programming services so offered in that area arecomparable to the video programming services provided by theunaffiliated cable operator in that area.
(2) The term ''cable programming service'' means any video
programming provided over a cable system, regardless of service tier,including installation or rental of equipment used for the receipt of such
video programming, other than (A) video programming carried on the basic
service tier, and (B) video programming offered on a per channel or per
program basis.
(m) SPECIAL RULES FOR SMALL COMPANIES.-(1) IN GENERAL.--Subsections (a), (b), and (c) do not apply to asmall cable operator with respect to-(A) cable programming services, or(B) a basic service tier that was the only service tier subject
to regulation as of December 31, 1994,
in any franchise area in which that operator services 50,000 or
fewer subscribers.
(2) DEFINITION OF SMALL CABLE OPERATOR.--For purposes of thissubsection, the term ''small cable operator'' means a cable operator that,
directly or through an affiliate, serves in the aggregate fewer than 1 percent

284

Communications Act of 1934of all subscribers in the United States and is not affiliated with any entity orentities whose gross annual revenues in the aggregate exceed$250,000,000.
(n) TREATMENT OF PRIOR YEAR LOSSES.--Notwithstanding any otherprovision of this section or of section 612, losses associated with a cable system(including losses associated with the grant or award of a franchise) that wereincurred prior to September 4, 1992, with respect to a cable system that is owned
and operated by the original franchisee of such system shall not be disallowed, inwhole or in part, in the determination of whether the rates for any tier of service or
any type of equipment that is subject to regulation under this section are lawful.
SEC. 624. [47 U.S.C. 544] REGULATION OF SERVICES, FACILITIES,AND EQUIPMENT.
(a) Any franchising authority may not regulate the services, facilities, andequipment provided by a cable operator except to the extent consistent with thistitle.
(b) In the case of any franchise granted after the effective date of this title,
the franchising authority, to the extent related to the establishment or operation ofa cable system-(1) in its request for proposals for a franchise (including requests
for renewal proposals, subject to section 626), may establish requirements
for facilities and equipment, but may not, except as provided in subsection(h), establish requirements for video programming or other information
services; and(2) subject to section 625, may enforce any requirements contained
within the franchise-(A) for facilities and equipment; and(B) for broad categories of video programming or otherservices.
(c) In the case of any franchise in effect on the effective date of this title,
the franchising authority may, subject to section 625, enforce requirements
contained within the franchise for the provision of services, facilities, andequipment, whether or not related to the establishment or operation of a cablesystem.
(d)(1) Nothing in this title shall be construed as prohibiting a franchisingauthority and a cable operator from specifying, in a franchise or renewal thereof,
that certain cable services shall not be provided or shall be provided subject toconditions, if such cable services are obscene or are otherwise unprotected by theConstitution of the United States.
(2) In order to restrict the viewing of programming which is obscene orindecent, upon the request of a subscriber, a cable operator shall provide (by saleor lease) a device by which the subscriber can prohibit viewing of a particular cable285

Communications Act of 1934
service during periods selected by that subscriber.
(3)(A) If a cable operator provides a premium channel without charge tocable subscribers who do not subscribe to such premium channel, the cable
operator shall, not later than 30 days before such premium channel is provided
without charge-(i) notify all cable subscribers that the cable operator plans toprovide a premium channel without charge;(ii) notify all cable subscribers when the cable operator plans tooffer a premium channel without charge;(iii) notify all cable subscribers that they have a right to request thatthe channel carrying the premium channel be blocked; and(iv) block the channel carrying the premium channel upon therequest of a subscriber.
(B) For the purpose of this section, the term ''premium channel'' shall mean
any pay service offered on a per channel or per program basis, which offers movies
rated by the Motion Picture Association of America as X, NC-17, or R.
(e) Within one year after the date of enactment of the Cable Television
Consumer Protection and Competition Act of 1992, the Commission shallprescribe regulations which establish minimum technical standards relating to cablesystems' technical operation and signal quality. The Commission shall update suchstandards periodically to reflect improvements in technology. No State or
franchising authority may prohibit, condition, or restrict a cable system's use of any
type of subscriber equipment or any transmission technology.
(f)(1) Any Federal agency, State, or franchising authority may not impose
requirements regarding the provision or content of cable services, except as
expressly provided in this title.
(2) Paragraph (1) shall not apply to-(A) any rule, regulation, or order issued under any Federal law, assuch rule, regulation, or order (i) was in effect on September 21, 1983, or(ii) may be amended after such date if the rule, regulation, or order as
amended is not inconsistent with the express provisions of this title; and(B) any rule, regulation, or order under title 17, United States
Code.
(g) Notwithstanding any such rule, regulation, or order, each cable
operator shall comply with such standards as the Commission shall prescribe toensure that viewers of video programming on cable systems are afforded the same
emergency information as is afforded by the emergency broadcasting system
pursuant to Commission regulations in subpart G of part 73, title 47, Code ofFederal Regulations.
(h) A franchising authority may require a cable operator to do any one ormore of the following:(1) Provide 30 days' advance written notice of any change in286Communications Act of 1934
channel assignment or in the video programming service provided over any
such channel.
(2) Inform subscribers, via written notice, that comments on
programming and channel position changes are being recorded by adesignated office of the franchising authority.
(i) Within 120 days after the date of enactment of this subsection, theCommission shall prescribe rules concerning the disposition, after a subscriber to acable system terminates service, of any cable installed by the cable operator within
the premises of such subscriber.

SEC. 624A. [47 U.S.C. 544a] CONSUMER ELECTRONICS EQUIPMENTCOMPATIBILITY.
(a) FINDINGS.--The Congress finds that-(1) new and recent models of television receivers and video cassetterecorders often contain premium features and functions that are disabled or
inhibited because of cable scrambling, encoding, or encryption technologies
and devices, including converter boxes and remote control devices requiredby cable operators to receive programming;(2) if these problems are allowed to persist, consumers will be lesslikely to purchase, and electronics equipment manufacturers will be lesslikely to develop, manufacture, or offer for sale, television receivers andvideo cassette recorders with new and innovative features and functions;(3) cable operators should use technologies that will prevent signal
thefts while permitting consumers to benefit from such features andfunctions in such receivers and recorders; and(4) compatibility among televisions, video cassette recorders, andcable systems can be assured with narrow technical standards that mandatea minimum degree of common design and operation, leaving all features,functions, protocols, and other product and service options for selection
through open competition in the market.
(b) COMPATIBLE INTERFACES.-(1) REPORT; REGULATIONS.--Within 1 year after the date ofenactment of this section, the Commission, in consultation withrepresentatives of the cable industry and the consumer electronics industry,
shall report to Congress on means of assuring compatibility between
televisions and video cassette recorders and cable systems, consistent with
the need to prevent theft of cable service, so that cable subscribers will beable to enjoy the full benefit of both the programming available on cablesystems and the functions available on their televisions and video cassetterecorders. Within 180 days after the date of submission of the reportrequired by this subsection, the Commission shall issue such regulations as287

Communications Act of 1934
are necessary to assure such compatibility.
(2) SCRAMBLING AND ENCRYPTION.--In issuing the regulations
referred to in paragraph (1), the Commission shall determine whether and,if so, under what circumstances to permit cable systems to scramble orencrypt signals or to restrict cable systems in the manner in which they
encrypt or scramble signals, except that the Commission shall not limit theuse of scrambling or encryption technology where the use of suchtechnology does not interfere with the functions of subscribers' television
receivers or video cassette recorders.
(c) RULEMAKING REQUIREMENTS.-(1) FACTORS TO BE CONSIDERED.--In prescribing the regulations
required by this section, the Commission shall consider-(A) the need to maximize open competition in the market
for all features, functions, protocols, and other product and service
options of converter boxes and other cable converters unrelated tothe descrambling or decryption of cable television signals;(B) the costs and benefits to consumers of imposing
compatibility requirements on cable operators and television
manufacturers in a manner that, while providing effective protection
against theft or unauthorized reception of cable service, will
minimize interference with or nullification of the special functionsof subscribers' television receivers or video cassette recorders,
including functions that permit the subscriber-(i) to watch a program on one channel while
simultaneously using a video cassette recorder to tape aprogram on another channel;(ii) to use a video cassette recorder to tape twoconsecutive programs that appear on different channels; and(iii) to use advanced television picture generationand display features; and(C) the need for cable operators to protect the integrity ofthe signals transmitted by the cable operator against theft or toprotect such signals against unauthorized reception.
(2) Regulations required.--The regulations prescribed by theCommission under this section shall include such regulations as arenecessary-(A) to specify the technical requirements with which atelevision receiver or video cassette recorder must comply in order
to be sold as ''cable compatible'' or ''cable ready'';(B) to require cable operators offering channels whose
reception requires a converter box-(i) to notify subscribers that they may be unable to288

Communications Act of 1934
benefit from the special functions of their television
receivers and video cassette recorders, including functions
that permit subscribers-(I) to watch a program on one channel while
simultaneously using a video cassette recorder totape a program on another channel;(II) to use a video cassette recorder to tape
two consecutive programs that appear on different
channels; and(III) to use advanced television picture
generation and display features; and(ii) to the extent technically and economicallyfeasible, to offer subscribers the option of having all otherchannels delivered directly to the subscribers' television
receivers or video cassette recorders without passing
through the converter box;(C) to promote the commercial availability, from cable
operators and retail vendors that are not affiliated with cablesystems, of converter boxes and of remote control devices
compatible with converter boxes;(D) to ensure that any standards or regulations developed
under the authority of this section to ensure compatibility between
televisions, video cassette recorders, and cable systems do notaffect features, functions, protocols, and other product and service
options other than those specified in paragraph (1)(B), including
telecommunications interface equipment, home automation
communications, and computer network services;(E) to require a cable operator who offers subscribers theoption of renting a remote control unit-(i) to notify subscribers that they may purchase acommercially available remote control device from any
source that sells such devices rather than renting it from thecable operator; and(ii) to specify the types of remote control units thatare compatible with the converter box supplied by the cable
operator; and(F) to prohibit a cable operator from taking any action thatprevents or in any way disables the converter box supplied by thecable operator from operating compatibly with commerciallyavailable remote control units.
(d) REVIEW OF REGULATIONS.--The Commission shall periodically review
and, if necessary, modify the regulations issued pursuant to this section in light of289

Communications Act of 1934
any actions taken in response to such regulations and to reflect improvements andchanges in cable systems, television receivers, video cassette recorders, and similar
technology.
SEC. 625. [47 U.S.C. 545] MODIFICATION OF FRANCHISEOBLIGATIONS.
(a)(1) During the period a franchise is in effect, the cable operator may
obtain from the franchising authority modifications of the requirements in suchfranchise-(A) in the case of any such requirement for facilities or equipment,
including public, educational, or governmental access facilities or
equipment, if the cable operator demonstrates that (i) it is commerciallyimpracticable for the operator to comply with such requirement, and (ii) the
proposal by the cable operator for modification of such requirement isappropriate because of commercial impracticability; or(B) in the case of any such requirement for services, if the cable
operator demonstrates that the mix, quality, and level of services requiredby the franchise at the time it was granted will be maintained after suchmodification.
(2) Any final decision by a franchising authority under this subsection shallbe made in a public proceeding. Such decision shall be made within 120 days after
receipt of such request by the franchising authority, unless such 120-day period is
extended by mutual agreement of the cable operator and the franchising authority.
(b)(1) Any cable operator whose request for modification under subsection(a) has been denied by a final decision of a franchising authority may obtain
modification of such franchise requirements pursuant to the provisions of section
635.
(2) In the case of any proposed modification of a requirement for facilities
or equipment, the court shall grant such modification only if the cable operator
demonstrates to the court that-(A) it is commercially impracticable for the operator to comply withsuch requirement; and(B) the terms of the modification requested are appropriate becauseof commercial impracticability.
(3) In the case of any proposed modification of a requirement for services,
the court shall grant such modification only if the cable operator demonstrates tothe court that the mix, quality, and level of services required by the franchise at thetime it was granted will be maintained after such modification.
(c) Notwithstanding subsections (a) and (b), a cable operator may, upon 30
days' advance notice to the franchising authority, rearrange, replace, or remove a
particular cable service required by the franchise if-(1) such service is no longer available to the operator; or290Communications Act of 1934(2) such service is available to the operator only upon the paymentof a royalty required under section 801(b)(2) of title 17, United States
Code, which the cable operator can document-(A) is substantially in excess of the amount of such payment
required on the date of the operator's offer to provide such service,and(B) has not been specifically compensated for through a rateincrease or other adjustment.
(d) Notwithstanding subsections (a) and (b), a cable operator may takesuch actions to rearrange a particular service from one service tier to another, orotherwise offer the service, if the rates for all of the service tiers involved in suchactions are not subject to regulation under section 623.
(e) A cable operator may not obtain modification under this section of any
requirement for services relating to public, educational, or governmental access.
(f) For purposes of this section, the term ''commercially impracticable''means, with respect to any requirement applicable to a cable operator, that it iscommercially impracticable for the operator to comply with such requirement as aresult of a change in conditions which is beyond the control of the operator and thenonoccurrence of which was a basic assumption on which the requirement was
based.
SEC. 626. [47 U.S.C. 546] RENEWAL.
(a)(1) A franchising authority may, on its own initiative during the 6-month
period which begins with the 36th month before the franchise expiration,commence a proceeding which affords the public in the franchise area appropriate
notice and participation for the purpose of (A) identifying the future cable-related
community needs and interests, and (B) reviewing the performance of the cable
operator under the franchise during the then current franchise term. If the cable
operator submits, during such 6-month period, a written renewal notice requesting
the commencement of such a proceeding, the franchising authority shall commencesuch a proceeding not later than 6 months after the date such notice is submitted.
(2) The cable operator may not invoke the renewal procedures set forth insubsections (b) through (g) unless-(A) such a proceeding is requested by the cable operator by timely
submission of such notice; or(B) such a proceeding is commenced by the franchising authority on
its own initiative.
(b)(1) Upon completion of a proceeding under subsection (a), a cable
operator seeking renewal of a franchise may, on its own initiative or at the requestof a franchising authority, submit a proposal for renewal.
(2) Subject to section 624, any such proposal shall contain such material as
the franchising authority may require, including proposals for an upgrade of the291Communications Act of 1934
cable system.
(3) The franchising authority may establish a date by which such proposal
shall be submitted.
(c)(1) Upon submittal by a cable operator of a proposal to the franchisingauthority for the renewal of a franchise pursuant to subsection (b), the franchisingauthority shall provide prompt public notice of such proposal and, during the 4month period which begins on the date of the submission of the cable operator's
proposal pursuant to subsection (b), renew the franchise or, issue a preliminary
assessment that the franchise should not be renewed and, at the request of theoperator or on its own initiative, commence an administrative proceeding, after
providing prompt public notice of such proceeding, in accordance with paragraph(2) to consider whether-(A) the cable operator has substantially complied with the material
terms of the existing franchise and with applicable law;(B) the quality of the operator's service, including signal quality,
response to consumer complaints, and billing practices, but without regard
to the mix or quality of cable services or other services provided over thesystem, has been reasonable in light of community needs;(C) the operator has the financial, legal, and technical ability toprovide the services, facilities, and equipment as set forth in the operator's
proposal; and(D) the operator's proposal is reasonable to meet the future cablerelated community needs and interests, taking into account the cost of
meeting such needs and interests.
(2) In any proceeding under paragraph (1), the cable operator shall beafforded adequate notice and the cable operator and the franchise authority, or its
designee, shall be afforded fair opportunity for full participation, including the rightto introduce evidence (including evidence related to issues raised in the proceedingunder subsection (a)), to require the production of evidence, and to question
witnesses. A transcript shall be made of any such proceeding.
(3) At the completion of a proceeding under this subsection, the franchisingauthority shall issue a written decision granting or denying the proposal forrenewal based upon the record of such proceeding, and transmit a copy of suchdecision to the cable operator. Such decision shall state the reasons therefor.
(d) Any denial of a proposal for renewal that has been submitted incompliance with subsection (b) shall be based on one or more adverse findings
made with respect to the factors described in subparagraphs (A) through (D) ofsubsection (c)(1), pursuant to the record of the proceeding under subsection (c). A
franchising authority may not base a denial of renewal on a failure to substantiallycomply with the material terms of the franchise under subsection (c)(1)(A) or on
events considered under subsection (c)(1)(B) in any case in which a violation of
the franchise or the events considered under subsection (c)(1)(B) occur after the292Communications Act of 1934
effective date of this title unless the franchising authority has provided the operator
with notice and the opportunity to cure, or in any case in which it is documented
that the franchising authority has waived its right to object, or the cable operator
gives written notice of a failure or inability to cure and the franchising authority
fails to object within a reasonable time after receipt of such notice.
(e)(1) Any cable operator whose proposal for renewal has been denied by afinal decision of a franchising authority made pursuant to this section, or has been
adversely affected by a failure of the franchising authority to act in accordancewith the procedural requirements of this section, may appeal such final decision or
failure pursuant to the provisions of section 635.
(2) The court shall grant appropriate relief if the court finds that-(A) any action of the franchising authority, other than harmlesserror, is not in compliance with the procedural requirements of this section;or(B) in the event of a final decision of the franchising authority
denying the renewal proposal, the operator has demonstrated that theadverse finding of the franchising authority with respect to each of thefactors described in subparagraphs (A) through (D) of subsection (c)(1) on
which the denial is based is not supported by a preponderance of theevidence, based on the record of the proceeding conducted undersubsection (c).
(f) Any decision of a franchising authority on a proposal for renewal shallnot be considered final unless all administrative review by the State has occurredor the opportunity therefor has lapsed.
(g) For purposes of this section, the term ''franchise expiration'' means thedate of the expiration of the term of the franchise, as provided under the franchise,as it was in effect on the date of the enactment of this title.
(h) Notwithstanding the provisions of subsections (a) through (g) of thissection, a cable operator may submit a proposal for the renewal of a franchisepursuant to this subsection at any time, and a franchising authority may, after
affording the public adequate notice and opportunity for comment, grant or denysuch proposal at any time (including after proceedings pursuant to this section
have commenced). The provisions of subsections (a) through (g) of this section
shall not apply to a decision to grant or deny a proposal under this subsection. The
denial of a renewal pursuant to this subsection shall not affect action on a renewal
proposal that is submitted in accordance with subsections (a) through (g).
(i) Notwithstanding the provisions of subsections (a) through (h), any
lawful action to revoke a cable operator's franchise for cause shall not be negatedby the subsequent initiation of renewal proceedings by the cable operator under
this section.
SEC. 627. [47 U.S.C. 547] CONDITIONS OF SALE.

293

Communications Act of 1934(a) If a renewal of a franchise held by a cable operator is denied and thefranchising authority acquires ownership of the cable system or effects a transfer ofownership of the system to another person, any such acquisition or transfer shallbe-(1) at fair market value, determined on the basis of the cable system
valued as a going concern but with no value allocated to the franchiseitself, or(2) in the case of any franchise existing on the effective date of thistitle, at a price determined in accordance with the franchise if suchfranchise contains provisions applicable to such an acquisition or transfer.
(b) If a franchise held by a cable operator is revoked for cause and thefranchising authority acquires ownership of the cable system or effects a transfer ofownership of the system to another person, any such acquisition or transfer shallbe-(1) at an equitable price, or(2) in the case of any franchise existing on the effective date of thistitle, at a price determined in accordance with the franchise if suchfranchise contains provisions applicable to such an acquisition or transfer.
SEC. 628. [47 U.S.C. 548] DEVELOPMENT OF COMPETITION AND
DIVERSITY IN VIDEO PROGRAMMING DISTRIBUTION.
(a) PURPOSE.--The purpose of this section is to promote the public interest,
convenience, and necessity by increasing competition and diversity in themultichannel video programming market, to increase the availability of satellite
cable programming and satellite broadcast programming to persons in rural andother areas not currently able to receive such programming, and to spur thedevelopment of communications technologies.
(b) PROHIBITION.--It shall be unlawful for a cable operator, a satellite cable
programming vendor in which a cable operator has an attributable interest, or asatellite broadcast programming vendor to engage in unfair methods ofcompetition or unfair or deceptive acts or practices, the purpose or effect of whichis to hinder significantly or to prevent any multichannel video programming
distributor from providing satellite cable programming or satellite broadcast
programming to subscribers or consumers.
(c) REGULATIONS REQUIRED.-(1) PROCEEDING REQUIRED.--Within 180 days after the date ofenactment of this section, the Commission shall, in order to promote thepublic interest, convenience, and necessity by increasing competition anddiversity in the multichannel video programming market and the continuing
development of communications technologies, prescribe regulations to
specify particular conduct that is prohibited by subsection (b).
(2) MINIMUM CONTENTS OF REGULATIONS.--The regulations to be

294

Communications Act of 1934
promulgated under this section shall-(A) establish effective safeguards to prevent a cable
operator which has an attributable interest in a satellite cable
programming vendor or a satellite broadcast programming vendor
from unduly or improperly influencing the decision of such vendor
to sell, or the prices, terms, and conditions of sale of, satellite cable
programming or satellite broadcast programming to any unaffiliatedmultichannel video programming distributor;(B) prohibit discrimination by a satellite cable programming
vendor in which a cable operator has an attributable interest or by asatellite broadcast programming vendor in the prices, terms, andconditions of sale or delivery of satellite cable programming orsatellite broadcast programming among or between cable systems,
cable operators, or other multichannel video programming
distributors, or their agents or buying groups; except that such asatellite cable programming vendor in which a cable operator has an
attributable interest or such a satellite broadcast programming
vendor shall not be prohibited from-(i) imposing reasonable requirements for
creditworthiness, offering of service, and financial stability
and standards regarding character and technical quality;(ii) establishing different prices, terms, andconditions to take into account actual and reasonabledifferences in the cost of creation, sale, delivery, ortransmission of satellite cable programming or satellite
broadcast programming;(iii) establishing different prices, terms, andconditions which take into account economies of scale, costsavings, or other direct and legitimate economic benefits
reasonably attributable to the number of subscribers servedby the distributor; or(iv) entering into an exclusive contract that ispermitted under subparagraph (D);(C) prohibit practices, understandings, arrangements, andactivities, including exclusive contracts for satellite cable
programming or satellite broadcast programming between a cable
operator and a satellite cable programming vendor or satellite
broadcast programming vendor, that prevent a multichannel video
programming distributor from obtaining such programming fromany satellite cable programming vendor in which a cable operator
has an attributable interest or any satellite broadcast programming
vendor in which a cable operator has an attributable interest for295

Communications Act of 1934
distribution to persons in areas not served by a cable operator as ofthe date of enactment of this section; and(D) with respect to distribution to persons in areas served
by a cable operator, prohibit exclusive contracts for satellite cable
programming or satellite broadcast programming between a cable
operator and a satellite cable programming vendor in which a cable
operator has an attributable interest or a satellite broadcast
programming vendor in which a cable operator has an attributableinterest, unless the Commission determines (in accordance withparagraph (4)) that such contract is in the public interest.
(3) LIMITATIONS.-(A) GEOGRAPHIC LIMITATIONS.--Nothing in this section
shall require any person who is engaged in the national or regional
distribution of video programming to make such programming
available in any geographic area beyond which such programminghas been authorized or licensed for distribution.
(B) APPLICABILITY TO SATELLITE RETRANSMISSIONS.-Nothing in this section shall apply (i) to the signal of any broadcast
affiliate of a national television network or other television signalthat is retransmitted by satellite but that is not satellite broadcast
programming, or (ii) to any internal satellite communication of any
broadcast network or cable network that is not satellite broadcast
programming.
(4) PUBLIC INTEREST DETERMINATIONS ON EXCLUSIVE CONTRACTS.-In determining whether an exclusive contract is in the public interest for
purposes of paragraph (2)(D), the Commission shall consider each of thefollowing factors with respect to the effect of such contract on the
distribution of video programming in areas that are served by a cable
operator:(A) the effect of such exclusive contract on the developmentof competition in local and national multichannel video
programming distribution markets;(B) the effect of such exclusive contract on competition
from multichannel video programming distribution technologies
other than cable;(C) the effect of such exclusive contract on the attraction ofcapital investment in the production and distribution of new satellite
cable programming;(D) the effect of such exclusive contract on diversity of
programming in the multichannel video programming distribution
market; and(E) the duration of the exclusive contract.

296

Communications Act of 1934
(5) SUNSET PROVISION.--The prohibition required by paragraph(2)(D) shall cease to be effective 10 years after the date of enactment of
this section, unless the Commission finds, in a proceeding conducted during
the last year of such 10-year period, that such prohibition continues to benecessary to preserve and protect competition and diversity in the
distribution of video programming.
(d) ADJUDICATORY PROCEEDING.--Any multichannel video programming
distributor aggrieved by conduct that it alleges constitutes a violation of subsection(b), or the regulations of the Commission under subsection (c), may commence an
adjudicatory proceeding at the Commission.
(e) REMEDIES FOR VIOLATIONS.-(1) REMEDIES AUTHORIZED.--Upon completion of such adjudicatory
proceeding, the Commission shall have the power to order appropriate
remedies, including, if necessary, the power to establish prices, terms, andconditions of sale of programming to the aggrieved multichannel video
programming distributor.
(2) ADDITIONAL REMEDIES.--The remedies provided in paragraph(1) are in addition to and not in lieu of the remedies available under title Vor any other provision of this Act.
(f) PROCEDURES.--The Commission shall prescribe regulations to
implement this section. The Commission's regulations shall-(1) provide for an expedited review of any complaints madepursuant to this section;(2) establish procedures for the Commission to collect such data,
including the right to obtain copies of all contracts and documents
reflecting arrangements and understandings alleged to violate this section,
as the Commission requires to carry out this section; and(3) provide for penalties to be assessed against any person filing afrivolous complaint pursuant to this section.
(g) REPORTS.--The Commission shall, beginning not later than 18 months
after promulgation of the regulations required by subsection (c), annually report toCongress on the status of competition in the market for the delivery of video
programming.
(h) EXEMPTIONS FOR PRIOR CONTRACTS.-(1) IN GENERAL.--Nothing in this section shall affect any contractthat grants exclusive distribution rights to any person with respect tosatellite cable programming and that was entered into on or before June 1,
1990, except that the provisions of subsection (c)(2)(C) shall apply for
distribution to persons in areas not served by a cable operator.
(2) LIMITATION ON RENEWALS.--A contract that was entered into
on or before June 1, 1990, but that is renewed or extended after the date ofenactment of this section shall not be exempt under paragraph (1).

297Communications Act of 1934(i) DEFINITIONS.--As used in this section:(1) The term ''satellite cable programming'' has the meaning
provided under section 705 of this Act, except that such term does notinclude satellite broadcast programming.
(2) The term ''satellite cable programming vendor'' means a person
engaged in the production, creation, or wholesale distribution for sale ofsatellite cable programming, but does not include a satellite broadcast
programming vendor.
(3) The term ''satellite broadcast programming'' means broadcast
video programming when such programming is retransmitted by satellite
and the entity retransmitting such programming is not the broadcaster or anentity performing such retransmission on behalf of and with the specificconsent of the broadcaster.
(4) The term ''satellite broadcast programming vendor'' means afixed service satellite carrier that provides service pursuant to section 119
of title 17, United States Code, with respect to satellite broadcast
programming.
(j) COMMON CARRIERS.--Any provision that applies to a cable operator
under this section shall apply to a common carrier or its affiliate that provides
video programming by any means directly to subscribers. Any such provision thatapplies to a satellite cable programming vendor in which a cable operator has an
attributable interest shall apply to any satellite cable programming vendor in whichsuch common carrier has an attributable interest. For the purposes of thissubsection, two or fewer common officers or directors shall not by itself establish
an attributable interest by a common carrier in a satellite cable programming
vendor (or its parent company).
SEC. 629. [47 U.S.C. 549] COMPETITIVE AVAILABILITY OF
NAVIGATION DEVICES.
(a) COMMERCIAL CONSUMER AVAILABILITY OF EQUIPMENT USED TOACCESS SERVICES PROVIDED BY MULTICHANNEL VIDEO PROGRAMMING
DISTRIBUTORS.--The Commission shall, in consultation with appropriate industry
standard-setting organizations, adopt regulations to assure the commercial
availability, to consumers of multichannel video programming and other services
offered over multichannel video programming systems, of converter boxes,
interactive communications equipment, and other equipment used by consumers toaccess multichannel video programming and other services offered overmultichannel video programming systems, from manufacturers, retailers, and othervendors not affiliated with any multichannel video programming distributor. Suchregulations shall not prohibit any multichannel video programming distributor fromalso offering converter boxes, interactive communications equipment, and otherequipment used by consumers to access multichannel video programming and298

Communications Act of 1934
other services offered over multichannel video programming systems, toconsumers, if the system operator's charges to consumers for such devices andequipment are separately stated and not subsidized by charges for any such service.
(b) PROTECTION OF SYSTEM SECURITY.--The Commission shall notprescribe regulations under subsection (a) which would jeopardize security ofmultichannel video programming and other services offered over multichannel
video programming systems, or impede the legal rights of a provider of suchservices to prevent theft of service.
(c) WAIVER.--The Commission shall waive a regulation adopted undersubsection (a) for a limited time upon an appropriate showing by a provider ofmultichannel video programming and other services offered over multichannel
video programming systems, or an equipment provider, that such waiver isnecessary to assist the development or introduction of a new or improved
multichannel video programming or other service offered over multichannel video
programming systems, technology, or products. Upon an appropriate showing, theCommission shall grant any such waiver request within 90 days of any application
filed under this subsection, and such waiver shall be effective for all service
providers and products in that category and for all providers of services andproducts.
(d) AVOIDANCE OF REDUNDANT REGULATIONS.-(1) COMMERCIAL AVAILABILITY DETERMINATIONS.--Determinations
made or regulations prescribed by the Commission with respect tocommercial availability to consumers of converter boxes, interactive
communications equipment, and other equipment used by consumers toaccess multichannel video programming and other services offered overmultichannel video programming systems, before the date of enactment of
the Telecommunications Act of 1996 shall fulfill the requirements of thissection.
(2) REGULATIONS.--Nothing in this section affects section
64.702(e) of the Commission's regulations (47 C.F.R. 64.702(e)) or otherCommission regulations governing interconnection and competitive
provision of customer premises equipment used in connection with basic
common carrier communications services.
(e) SUNSET.--The regulations adopted under this section shall cease to
apply when the Commission determines that-(1) the market for the multichannel video programming distributors
is fully competitive;(2) the market for converter boxes, and interactive communications
equipment, used in conjunction with that service is fully competitive; and(3) elimination of the regulations would promote competition andthe public interest.
(f) COMMISSION'S AUTHORITY.--Nothing in this section shall be construed

299

Communications Act of 1934
as expanding or limiting any authority that the Commission may have under law ineffect before the date of enactment of the Telecommunications Act of 1996.

PART IV--MISCELLANEOUS PROVISIONS
SEC. 631. [47 U.S.C. 551] PROTECTION OF SUBSCRIBER PRIVACY.
(a)(1) At the time of entering into an agreement to provide any cable
service or other service to a subscriber and at least once a year thereafter, a cable
operator shall provide notice in the form of a separate, written statement to such
subscriber which clearly and conspicuously informs the subscriber of-(A) the nature of personally identifiable information collected or tobe collected with respect to the subscriber and the nature of the use of suchinformation;(B) the nature, frequency, and purpose of any disclosure which may
be made of such information, including an identification of the types of
persons to whom the disclosure may be made;(C) the period during which such information will be maintained by
the cable operator;(D) the times and place at which the subscriber may have access tosuch information in accordance with subsection (d); and(E) the limitations provided by this section with respect to thecollection and disclosure of information by a cable operator and the right ofthe subscriber under subsections (f) and (h) to enforce such limitations.
In the case of subscribers who have entered into such an agreement before
the effective date of this section, such notice shall be provided within 180 days ofsuch date and at least once a year thereafter.
(2) For purposes of this section, other than subsection (h)-(A) the term ''personally identifiable information'' does not include
any record of aggregate data which does not identify particular persons;(B) the term ''other service'' includes any wire or radio
communications service provided using any of the facilities of a cable
operator that are used in the provision of cable service; and(C) the term ''cable operator'' includes, in addition to persons within
the definition of cable operator in section 602, any person who (i) is owned
or controlled by, or under common ownership or control with, a cable
operator, and (ii) provides any wire or radio communications service.
(b)(1) Except as provided in paragraph (2), a cable operator shall not use
the cable system to collect personally identifiable information concerning any
subscriber without the prior written or electronic consent of the subscriber
concerned.
(2) A cable operator may use the cable system to collect such informationin order to--300

Communications Act of 1934(A) obtain information necessary to render a cable service or otherservice provided by the cable operator to the subscriber; or(B) detect unauthorized reception of cable communications.
(c)(1) Except as provided in paragraph (2), a cable operator shall notdisclose personally identifiable information concerning any subscriber without theprior written or electronic consent of the subscriber concerned and shall take suchactions as are necessary to prevent unauthorized access to such information by aperson other than the subscriber or cable operator.
(2) A cable operator may disclose such information if the disclosure is-(A) necessary to render, or conduct a legitimate business activity
related to, a cable service or other service provided by the cable operator
to the subscriber;(B) subject to subsection (h), made pursuant to a court orderauthorizing such disclosure, if the subscriber is notified of such order by the
person to whom the order is directed; or(C) a disclosure of the names and addresses of subscribers to any
cable service or other service, if-(i) the cable operator has provided the subscriber theopportunity to prohibit or limit such disclosure, and(ii) the disclosure does not reveal, directly or indirectly, the(I) extent of any viewing or other use by thesubscriber of a cable service or other service provided by
the cable operator, or(II) the nature of any transaction made by thesubscriber over the cable system of the cable operator.
(d) A cable subscriber shall be provided access to all personally identifiable
information regarding that subscriber which is collected and maintained by a cable
operator. Such information shall be made available to the subscriber at reasonable
times and at a convenient place designated by such cable operator. A cable
subscriber shall be provided reasonable opportunity to correct any error in suchinformation.
(e) A cable operator shall destroy personally identifiable information if theinformation is no longer necessary for the purpose for which it was collected andthere are no pending requests or orders for access to such information undersubsection (d) or pursuant to a court order.
(f)(1) Any person aggrieved by any act of a cable operator in violation ofthis section may bring a civil action in a United States district court.
(2) The court may award-(A) actual damages but not less than liquidated damages computedat the rate of $100 a day for each day of violation or $1,000, whichever ishigher;301

Communications Act of 1934(B) punitive damages; and(C) reasonable attorneys' fees and other litigation costs reasonably
incurred.
(3) The remedy provided by this section shall be in addition to any otherlawful remedy available to a cable subscriber.
(g) Nothing in this title shall be construed to prohibit any State or any
franchising authority from enacting or enforcing laws consistent with this section
for the protection of subscriber privacy.
(h) A governmental entity may obtain personally identifiable information
concerning a cable subscriber pursuant to a court order only if, in the court
proceeding relevant to such court order-(1) such entity offers clear and convincing evidence that the subjectof the information is reasonably suspected of engaging in criminal activity
and that the information sought would be material evidence in the case; and(2) the subject of the information is afforded the opportunity toappear and contest such entity's claim.
SEC. 632. [47 U.S.C. 552] CONSUMER PROTECTION AND CUSTOMERSERVICE.
(a) FRANCHISING AUTHORITY ENFORCEMENT.--A franchising authority may
establish and enforce-(1) customer service requirements of the cable operator; and(2) construction schedules and other construction-related
requirements, including construction-related performance requirements, ofthe cable operator.
(b) COMMISSION STANDARDS.--The Commission shall, within 180 days ofenactment of the Cable Television Consumer Protection and Competition Act of
1992, establish standards by which cable operators may fulfill their customer
service requirements. Such standards shall include, at a minimum, requirements
governing-(1) cable system office hours and telephone availability;(2) installations, outages, and service calls; and(3) communications between the cable operator and the subscriber(including standards governing bills and refunds).
(c) SUBSCRIBER NOTICE.--A cable operator may provide notice of service
and rate changes to subscribers using any reasonable written means at its sole
discretion. Notwithstanding section 623(b)(6) or any other provision of this Act, acable operator shall not be required to provide prior notice of any rate change thatis the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or
charge of any kind imposed by any Federal agency, State, or franchising authority
on the transaction between the operator and the subscriber.
(d) CONSUMER PROTECTION LAWS AND CUSTOMER SERVICE

302

Communications Act of 1934
AGREEMENTS.-(1) CONSUMER PROTECTION LAWS.--Nothing in this title shall be
construed to prohibit any State or any franchising authority from enacting
or enforcing any consumer protection law, to the extent not specifically
preempted by this title.
(2) CUSTOMER SERVICE REQUIREMENT AGREEMENTS.--Nothing inthis section shall be construed to preclude a franchising authority and acable operator from agreeing to customer service requirements that exceed
the standards established by the Commission under subsection (b). Nothing
in this title shall be construed to prevent the establishment or enforcementof any municipal law or regulation, or any State law, concerning customer
service that imposes customer service requirements that exceed thestandards set by the Commission under this section, or that addresses
matters not addressed by the standards set by the Commission under thissection.
SEC. 633. [47 U.S.C. 553] UNAUTHORIZED RECEPTION OF CABLESERVICE.
(a)(1) No person shall intercept or receive or assist in intercepting or
receiving any communications service offered over a cable system, unlessspecifically authorized to do so by a cable operator or as may otherwise be
specifically authorized by law.
(2) For the purpose of this section, the term ''assist in intercepting or
receiving'' shall include the manufacture or distribution of equipment intended by
the manufacturer or distributor (as the case may be) for unauthorized reception of
any communications service offered over a cable system in violation of
subparagraph (1).
(b)(1) Any person who willfully violates subsection (a)(1) shall be fined not
more than $1,000 or imprisoned for not more than 6 months, or both.
(2) Any person who violates subsection (a)(1) willfully and for purposes ofcommercial advantage or private financial gain shall be fined not more than
$50,000 or imprisoned for not more than 2 years, or both, for the first such offense
and shall be fined not more than $100,000 or imprisoned for not more than 5
years, or both, for any subsequent offense.
(3) For purposes of all penalties and remedies established for violations ofsubsection (a)(1), the prohibited activity established herein as it applies to eachsuch device shall be deemed a separate violation.
(c)(1) Any person aggrieved by any violation of subsection (a)(1) may
bring a civil action in a United States district court or in any other court ofcompetent jurisdiction.
(2) The court may-(A) grant temporary and final injunctions on such terms as it may

303

Communications Act of 1934
deem reasonable to prevent or restrain violations of subsection (a)(1);(B) award damages as described in paragraph (3); and(C) direct the recovery of full costs, including awarding reasonable
attorneys' fees to an aggrieved party who prevails.
(3)(A) Damages awarded by any court under this section shall be computedin accordance with either of the following clauses:(i) the party aggrieved may recover the actual damages suffered byhim as a result of the violation and any profits of the violator that are
attributable to the violation which are not taken into account in computing
the actual damages; in determining the violator's profits, the party
aggrieved shall be required to prove only the violator's gross revenue, andthe violator shall be required to prove his deductible expenses and theelements of profit attributable to factors other than the violation; or(ii) the party aggrieved may recover an award of statutory damages
for all violations involved in the action, in a sum of not less than $250 ormore than $10,000 as the court considers just.
(B) In any case in which the court finds that the violation was committed
willfully and for purposes of commercial advantage or private financial gain, thecourt in its discretion may increase the award of damages, whether actual or
statutory under subparagraph (A), by an amount of not more than $50,000.
(C) In any case where the court finds that the violator was not aware andhad no reason to believe that his acts constituted a violation of this section, thecourt in its discretion may reduce the award of damages to a sum of not less than$100.
(D) Nothing in this title shall prevent any State or franchising authority
from enacting or enforcing laws, consistent with this section, regarding theunauthorized interception or reception of any cable service or othercommunications service.
SEC. 634. [47 U.S.C. 554] EQUAL EMPLOYMENT OPPORTUNITY.
(a) This section shall apply to any corporation, partnership, association,
joint-stock company, or trust engaged primarily in the management or operation of
any cable system.
(b) Equal opportunity in employment shall be afforded by each entity
specified in subsection (a), and no person shall be discriminated against in
employment by such entity because of race, color, religion, national origin, age, or
sex.
(c) Any entity specified in subsection (a) shall establish, maintain, andexecute a positive continuing program of specific practices designed to ensure
equal opportunity in every aspect of its employment policies and practices. Under
the terms of its program, each such entity shall-(1) define the responsibility of each level of management to ensure304

Communications Act of 1934
a positive application and vigorous enforcement of its policy of equal
opportunity, and establish a procedure to review and control managerialand supervisory performance;(2) inform its employees and recognized employee organizations of
the equal employment opportunity policy and program and enlist theircooperation;(3) communicate its equal employment opportunity policy andprogram and its employment needs to sources of qualified applicantswithout regard to race, color, religion, national origin, age, or sex, andsolicit their recruitment assistance on a continuing basis;(4) conduct a continuing program to exclude every form of
prejudice or discrimination based on race, color, religion, national origin,age, or sex, from its personnel policies and practices and working
conditions; and(5) conduct a continuing review of job structure and employment
practices and adopt positive recruitment, training, job design, and othermeasures needed to ensure genuine equality of opportunity to participate
fully in all its organizational units, occupations, and levels of responsibility.
(d)(1) Not later than 270 days after the date of enactment of the Cable
Television Consumer Protection and Competition Act of 1992, and after noticeand opportunity for hearing, the Commission shall prescribe revisions in the rules
under this section in order to implement the amendments made to this section bysuch Act. Such revisions shall be designed to promote equality of employment
opportunities for females and minorities in each of the job categories itemized inparagraph (3).
(2) Such rules shall specify the terms under which an entity specified insubsection (a) shall, to the extent possible-(A) disseminate its equal opportunity program to job applicants,
employees, and those with whom it regularly does business;(B) use minority organizations, organizations for women, media,
educational institutions, and other potential sources of minority and female
applicants, to supply referrals whenever jobs are available in its operation;(C) evaluate its employment profile and job turnover against theavailability of minorities and women in its franchise area;(D) undertake to offer promotions of minorities and women to
positions of greater responsibility;(E) encourage minority and female entrepreneurs to conductbusiness with all parts of its operation; and(F) analyze the results of its efforts to recruit, hire, promote, anduse the services of minorities and women and explain any difficulties
encountered in implementing its equal employment opportunity program.
(3)(A) Such rules also shall require an entity specified in subsection (a)305Communications Act of 1934
with more than 5 full-time employees to file with the Commission an annual
statistical report identifying by race, sex, and job title the number of employees ineach of the following full-time and part-time job categories:(i) Corporate officers.
(ii) General Manager.
(iii) Chief Technician.
(iv) Comptroller.
(v) General Sales Manager.
(vi) Production Manager.
(vii) Managers.
(viii) Professionals.
(ix) Technicians.
(x) Sales Personnel.
(xi) Office and Clerical Personnel.
(xii) Skilled Craftspersons.
(xiii) Semiskilled Operatives.
(xiv) Unskilled Laborers.
(xv) Service Workers.
(B) The report required by subparagraph (A) shall be made on separate
forms, provided by the Commission, for full-time and part-time employees. The
Commission's rules shall sufficiently define the job categories listed in clauses (i)through (vi) of such subparagraph so as to ensure that only employees who are
principal decisionmakers and who have supervisory authority are reported for such
categories. The Commission shall adopt rules that define the job categories listed
in clauses (vii) through (xv) in a manner that is consistent with the Commission
policies in effect on June 1, 1990. The Commission shall prescribe the method bywhich entities shall be required to compute and report the number of minorities
and women in the job categories listed in clauses (i) through (x) and the number ofminorities and women in the job categories listed in clauses (i) through (xv) inproportion to the total number of qualified minorities and women in the relevant
labor market. The report shall include information on hiring, promotion, andrecruitment practices necessary for the Commission to evaluate the efforts ofentities to comply with the provisions of paragraph (2) of this subsection. The
report shall be available for public inspection at the entity's central location and at
every location where 5 or more full-time employees are regularly assigned towork. Nothing in this subsection shall be construed as prohibiting the Commission
from collecting or continuing to collect statistical or other employment information
in a manner that it deems appropriate to carry out this section.
(4) The Commission may amend such rules from time to time to the extent
necessary to carry out the provisions of this section. Any such amendment shall bemade after notice and opportunity for comment.
(e)(1) On an annual basis, the Commission shall certify each entity306Communications Act of 1934
described in subsection (a) as in compliance with this section if, on the basis of
information in the possession of the Commission, including the report filed
pursuant to subsection (d)(3), such entity was in compliance, during the annual
period involved, with the requirements of subsections (b), (c), and (d).
(2) The Commission shall, periodically but not less frequently than every
five years, investigate the employment practices of each entity described insubsection (a), in the aggregate, as well as in individual job categories, anddetermine whether such entity is in compliance with the requirements ofsubsections (b), (c), and (d), including whether such entity's employment practices
deny or abridge women and minorities equal employment opportunities. As part ofsuch investigation, the Commission shall review whether the entity's reports filed
pursuant to subsection (d)(3) accurately reflect employee responsibilities in thereported job classification.
(f)(1) If the Commission finds after notice and hearing that the entity
involved has willfuly or repeatedly without good cause failed to comply with therequirements of this section, such failure shall constitute a substantial failure tocomply with this title. The failure to obtain certification under subsection (e) shallnot itself constitute the basis for a determination of substantial failure to comply
with this title. For purposes of this paragraph, the term ''repeatedly'', when usedwith respect to failures to comply, refers to 3 or more failures during any 7-year
period.
(2) Any person who is determined by the Commission, through aninvestigation pursuant to subsection (e) or otherwise, to have failed to meet or
failed to make best efforts to meet the requirements of this section, or rules under
this section, shall be liable to the United States for a forefeiture penalty of $500 foreach violation. Each day of a continuing violation shall constitute a separate
offense. Any entity defined in subsection (a) shall not be liable for more than 180
days of forfeitures which accrued prior to notification by the Commission of apotential violation. Nothing in this paragraph shall limit the forfeiture imposed on
any person as a result of any violation that continues subsequent to such
notification. In addition, any person liable for such penalty may also have any
license under this Act for cable auxiliary relay service suspended until the
Commission determines that the failure involved has been corrected. Whoever
knowingly makes any false statement or submits documentation which he knows to
be false, pursuant to an application for certification under this section shall be in
violation of this section.
(3) The provisions of paragraphs (3) and (4), and the last 2 sentences ofparagraph (2), of section 503(b) shall apply to forfeitures under this subsection.
(4) The Commission shall provide for notice to the public and appropriate
franchising authorities of any penalty imposed under this section.
(g) Employees or applicants for employment who believe they have been
discriminated against in violation of the requirements of this section, or rules under307

Communications Act of 1934
this section, or any other interested person, may file a complaint with theCommission. A complaint by any such person shall be in writing, and shall besigned and sworn to by that person. The regulations under subsection (d)(1) shallspecify a program, under authorities otherwise available to the Commission, for
the investigation of complaints and violations, and for the enforcement of thissection.
(h)(1) For purposes of this section, the term ''cable operator'' includes any
operator of any satellite master antenna television system, including a systemdescribed in section 602(7)(A) and any multichannel video programming
distributor.
(2) Such term does not include any operator of a system which, in theaggregate, serves fewer than 50 subscribers.
(3) In any case in which a cable operator is the owner of a multiple unit
dwelling, the requirements of this section shall only apply to such cable operator
with respect to its employees who are primarily engaged in cabletelecommunications.
(i)(1) Nothing in this section shall affect the authority of any State or any
franchising authority-(A) to establish or enforce any requirement which is consistent withthe requirements of this section, including any requirement which affords
equal employment opportunity protection for employees;(B) to establish or enforce any provision requiring or encouraging
any cable operator to conduct business with enterprises which are owned
or controlled by members of minority groups (as defined in section
309(i)(3)(C)(ii) or which have their principal operations located within thecommunity served by the cable operator; or(C) to enforce any requirement of a franchise in effect on theeffective date of this title.
(2) The remedies and enforcement provisions of this section are in addition
to, and not in lieu of, those available under this or any other law.
(3) The provisions of this section shall apply to any cable operator, whether
operating pursuant to a franchise granted before, on, or after the date of theenactment of this section.
SEC. 635. [47 U.S.C. 555] JUDICIAL PROCEEDINGS.
(a) Any cable operator adversely affected by any final determination madeby a franchising authority under section 621(a)(1), 625 or 626 may commence anaction within 120 days after receiving notice of such determination, which may bebrought in-(1) the district court of the United States for any judicial district inwhich the cable system is located; or(2) in any State court of general jurisdiction having jurisdiction over308

Communications Act of 1934
the parties.
(b) The court may award any appropriate relief consistent with theprovisions of the relevant section described in subsection (a) and with theprovisions of subsection (a).
(c)(1) Notwithstanding any other provision of law, any civil action
challenging the constitutionality of section 614 or 615 of this Act or any provision
thereof shall be heard by a district court of three judges convened pursuant to theprovisions of section 2284 of title 28, United States Code.
(2) Notwithstanding any other provision of law, an interlocutory or final
judgment, decree, or order of the court of three judges in an action underparagraph (1) holding section 614 or 615 of this Act or any provision thereof
unconstitutional shall be reviewable as a matter of right by direct appeal to theSupreme Court. Any such appeal shall be filed not more than 20 days after entry ofsuch judgment, decree, or order.
SEC. 635A. [47 U.S.C. 555a] LIMITATION OF FRANCHISINGAUTHORITY LIABILITY.
(a) SUITS FOR DAMAGES PROHIBITED.--In any court proceeding pending on
or initiated after the date of enactment of this section involving any claim against afranchising authority or other governmental entity, or any official, member,
employee, or agent of such authority or entity, arising from the regulation of cable
service or from a decision of approval or disapproval with respect to a grant,
renewal, transfer, or amendment of a franchise, any relief, to the extent such relief
is required by any other provision of Federal, State, or local law, shall be limited to
injunctive relief and declaratory relief.
(b) EXCEPTION FOR COMPLETED CASES.--The limitation contained insubsection (a) shall not apply to actions that, prior to such violation, have been
determined by a final order of a court of binding jurisdiction, no longer subject toappeal, to be in violation of a cable operator's rights.
(c) DISCRIMINATION CLAIMS PERMITTED.--Nothing in this section shall be
construed as limiting the relief authorized with respect to any claim against afranchising authority or other governmental entity, or any official, member,
employee, or agent of such authority or entity, to the extent such claim involves
discrimination on the basis of race, color, sex, age, religion, national origin, or
handicap.
(d) RULE OF CONSTRUCTION.--Nothing in this section shall be construed as
creating or authorizing liability of any kind, under any law, for any action or failure
to act relating to cable service or the granting of a franchise by any franchisingauthority or other governmental entity, or any official, member, employee, or agentof such authority or entity.
SEC. 636. [47 U.S.C. 556] COORDINATION OF FEDERAL, STATE, AND

309

Communications Act of 1934
LOCAL AUTHORITY.
(a) Nothing in this title shall be construed to affect any authority of any
State, political subdivision, or agency thereof, or franchising authority, regarding
matters of public health, safety, and welfare, to the extent consistent with theexpress provisions of this title.
(b) Nothing in this title shall be construed to restrict a State from exercisingjurisdiction with regard to cable services consistent with this title.
(c) Except as provided in section 637, any provision of law of any State,political subdivision, or agency thereof, or franchising authority, or any provisionof any franchise granted by such authority, which is inconsistent with this Act shallbe deemed to be preempted and superseded.
(d) For purposes of this section, the term ''State'' has the meaning givensuch term in section 3.
SEC. 637. [47 U.S.C. 557] EXISTING FRANCHISES.
(a) The provisions of-(1) any franchise in effect on the effective date of this title,
including any such provisions which relate to the designation, use, or
support for the use of channel capacity for public, educational, orgovernmental use, and(2) any law of any State (as defined in section 3) in effect on thedate of the enactment of this section, or any regulation promulgatedpursuant to such law, which relates to such designation, use or support ofsuch channel capacity,
shall remain in effect, subject to the express provisions of this title, and for not
longer than the then current remaining term of the franchise as such franchise
existed on such effective date.
(b) For purposes of subsection (a) and other provisions of this title, afranchise shall be considered in effect on the effective date of this title if suchfranchise was granted on or before such effective date.
SEC. 638. [47 U.S.C. 558] CRIMINAL AND CIVIL LIABILITY.
Nothing in this title shall be deemed to affect the criminal or civil liability ofcable programmers or cable operators pursuant to the Federal, State, or local lawof libel, slander, obscenity, incitement, invasions of privacy, false or misleading
advertising, or other similar laws, except that cable operators shall not incur any
such liability for any program carried on any channel designated for public,
educational, governmental use or on any other channel obtained under section 612
or under similar arrangements unless the program involves obscene material.
SEC. 639. [47 U.S.C. 559] OBSCENE PROGRAMMING.
Whoever transmits over any cable system any matter which is obscene or310Communications Act of 1934
otherwise unprotected by the Constitution of the United States shall be fined undertitle 18, United States Code, or imprisoned not more than 2 years, or both.
SEC. 640. [47 U.S.C. 560] SCRAMBLING OF CABLE CHANNELS FORNONSUBSCRIBERS.
(a) SUBSCRIBER REQUEST.--Upon request by a cable service subscriber, acable operator shall, without charge, fully scramble or otherwise fully block theaudio and video programming of each channel carrying such programming so that
one not a subscriber does not receive it.
(b) DEFINITION.--As used in this section, the term ''scramble'' means torearrange the content of the signal of the programming so that the programming
cannot be viewed or heard in an understandable manner.
SEC. 641. [47 U.S.C. 561] SCRAMBLING OF SEXUALLY EXPLICIT
ADULT VIDEO SERVICE PROGRAMMING.
(a) REQUIREMENT.--In providing sexually explicit adult programming orother programming that is indecent on any channel of its service primarily
dedicated to sexually-oriented programming, a multichannel video programming
distributor shall fully scramble or otherwise fully block the video and audio portionof such channel so that one not a subscriber to such channel or programming does
not receive it.
(b) IMPLEMENTATION.--Until a multichannel video programming distributor
complies with the requirement set forth in subsection (a), the distributor shall limit
the access of children to the programming referred to in that subsection by notproviding such programming during the hours of the day (as determined by theCommission) when a significant number of children are likely to view it.
(c) DEFINITION.--As used in this section, the term ''scramble'' means torearrange the content of the signal of the programming so that the programming
cannot be viewed or heard in an understandable manner.

PART V--VIDEO PROGRAMMING SERVICES PROVIDEDBY TELEPHONE COMPANIESSEC. 651. [47 U.S.C. 571] REGULATORY TREATMENT OF VIDEOPROGRAMMING SERVICES.
(a) LIMITATIONS ON CABLE REGULATION.-(1) RADIO-BASED SYSTEMS.--To the extent that a common carrier(or any other person) is providing video programming to subscribers using
radio communication, such carrier (or other person) shall be subject to therequirements of title III and section 652, but shall not otherwise be subject
to the requirements of this title.
(2) COMMON CARRIAGE OF VIDEO TRAFFIC.--To the extent that a

311

Communications Act of 1934
common carrier is providing transmission of video programming on acommon carrier basis, such carrier shall be subject to the requirements of
title II and section 652, but shall not otherwise be subject to therequirements of this title. This paragraph shall not affect the treatment
under section 602(7)(C) of a facility of a common carrier as a cable system.
(3) CABLE SYSTEMS AND OPEN VIDEO SYSTEMS.--To the extent thata common carrier is providing video programming to its subscribers in any
manner other than that described in paragraphs (1) and (2)-(A) such carrier shall be subject to the requirements of thistitle, unless such programming is provided by means of an open
video system for which the Commission has approved acertification under section 653; or(B) if such programming is provided by means of an open
video system for which the Commission has approved acertification under section 653, such carrier shall be subject to therequirements of this part, but shall be subject to parts I through IVof this title only as provided in 653(c).
(4) ELECTION TO OPERATE AS OPEN VIDEO SYSTEM.--A common
carrier that is providing video programming in a manner described inparagraph (1) or (2), or a combination thereof, may elect to provide suchprogramming by means of an open video system that complies with section
653. If the Commission approves such carrier's certification under section
653, such carrier shall be subject to the requirements of this part, but shallbe subject to parts I through IV of this title only as provided in 653(c).
(b) LIMITATIONS ON INTERCONNECTION OBLIGATIONS.--A local exchange
carrier that provides cable service through an open video system or a cable systemshall not be required, pursuant to title II of this Act, to make capacity available ona nondiscriminatory basis to any other person for the provision of cable service
directly to subscribers.
(c) ADDITIONAL REGULATORY RELIEF.--A common carrier shall not be
required to obtain a certificate under section 214 with respect to the establishment
or operation of a system for the delivery of video programming.
SEC. 652. [47 U.S.C. 572] PROHIBITION ON BUY OUTS.
(a) ACQUISITIONS BY CARRIERS.--No local exchange carrier or any affiliate
of such carrier owned by, operated by, controlled by, or under common control
with such carrier may purchase or otherwise acquire directly or indirectly morethan a 10 percent financial interest, or any management interest, in any cable
operator providing cable service within the local exchange carrier's telephoneservice area.
(b) ACQUISITIONS BY CABLE OPERATORS.--No cable operator or affiliate ofa cable operator that is owned by, operated by, controlled by, or under common

312

Communications Act of 1934
ownership with such cable operator may purchase or otherwise acquire, directly or
indirectly, more than a 10 percent financial interest, or any management interest, in
any local exchange carrier providing telephone exchange service within such cable
operator's franchise area.
(c) JOINT VENTURES.--A local exchange carrier and a cable operator whose
telephone service area and cable franchise area, respectively, are in the same
market may not enter into any joint venture or partnership to provide video
programming directly to subscribers or to provide telecommunications services
within such market.
(d) EXCEPTIONS.-(1) RURAL SYSTEMS.--Notwithstanding subsections (a), (b), and (c)of this section, a local exchange carrier (with respect to a cable system
located in its telephone service area) and a cable operator (with respect tothe facilities of a local exchange carrier used to provide telephone exchange
service in its cable franchise area) may obtain a controlling interest in,management interest in, or enter into a joint venture or partnership with theoperator of such system or facilities for the use of such system or facilities
to the extent that-(A) such system or facilities only serve incorporated orunincorporated-(i) places or territories that have fewer than 35,000
inhabitants; and(ii) are outside an urbanized area, as defined by the
Bureau of the Census; and(B) in the case of a local exchange carrier, such system, inthe aggregate with any other system in which such carrier has aninterest, serves less than 10 percent of the households in thetelephone service area of such carrier.
(2) JOINT USE.--Notwithstanding subsection (c), a local exchange
carrier may obtain, with the concurrence of the cable operator on the rates,
terms, and conditions, the use of that part of the transmission facilities of acable system extending from the last multi-user terminal to the premises ofthe end user, if such use is reasonably limited in scope and duration, as
determined by the Commission.
(3) ACQUISITIONS IN COMPETITIVE MARKETS.--Notwithstanding
subsections (a) and (c), a local exchange carrier may obtain a controllinginterest in, or form a joint venture or other partnership with, or provide
financing to, a cable system (hereinafter in this paragraph referred to as ''thesubject cable system''), if-(A) the subject cable system operates in a television market
that is not in the top 25 markets, and such market has more than 1
cable system operator, and the subject cable system is not the cable313

Communications Act of 1934
system with the most subscribers in such television market;(B) the subject cable system and the cable system with themost subscribers in such television market held on May 1, 1995,
cable television franchises from the largest municipality in the
television market and the boundaries of such franchises wereidentical on such date;(C) the subject cable system is not owned by or undercommon ownership or control of any one of the 50 cable system
operators with the most subscribers as such operators existed on
May 1, 1995; and(D) the system with the most subscribers in the televisionmarket is owned by or under common ownership or control of any
one of the 10 largest cable system operators as such operators
existed on May 1, 1995.
(4) EXEMPT CABLE SYSTEMS.--Subsection (a) does not apply to any
cable system if-(A) the cable system serves no more than 17,000 cable
subscribers, of which no less than 8,000 live within an urban area,and no less than 6,000 live within a nonurbanized area as of June 1,
1995;(B) the cable system is not owned by, or under common
ownership or control with, any of the 50 largest cable system
operators in existence on June 1, 1995; and(C) the cable system operates in a television market that was
not in the top 100 television markets as of June 1, 1995.
(5) SMALL CABLE SYSTEMS IN NONURBAN AREAS.--Notwithstanding
subsections (a) and (c), a local exchange carrier with less than$100,000,000 in annual operating revenues (or any affiliate of such carrier
owned by, operated by, controlled by, or under common control with suchcarrier) may purchase or otherwise acquire more than a 10 percent financial
interest in, or any management interest in, or enter into a joint venture or
partnership with, any cable system within the local exchange carrier's
telephone service area that serves no more than 20,000 cable subscribers, if
no more than 12,000 of those subscribers live within an urbanized area, as
defined by the Bureau of the Census.
(6) WAIVERS.--The Commission may waive the restrictions ofsubsections (a), (b), or (c) only if-(A) the Commission determines that, because of the natureof the market served by the affected cable system or facilities used
to provide telephone exchange service-(i) the affected cable operator or local exchange
carrier would be subjected to undue economic distress by314

Communications Act of 1934
the enforcement of such provisions;(ii) the system or facilities would not be
economically viable if such provisions were enforced; or(iii) the anticompetitive effects of the proposedtransaction are clearly outweighed in the public interest by
the probable effect of the transaction in meeting theconvenience and needs of the community to be served; and(B) the local franchising authority approves of such waiver.
(e) DEFINITION OF TELEPHONE SERVICE AREA.--For purposes of thissection, the term ''telephone service area'' when used in connection with a common
carrier subject in whole or in part to title II of this Act means the area within whichsuch carrier provided telephone exchange service as of January 1, 1993, but if any
common carrier after such date transfers its telephone exchange service facilities toanother common carrier, the area to which such facilities provide telephoneexchange service shall be treated as part of the telephone service area of theacquiring common carrier and not of the selling common carrier.
SEC. 653. [47 U.S.C. 573] ESTABLISHMENT OF OPEN VIDEOSYSTEMS.
(a) OPEN VIDEO SYSTEMS.-(1) CERTIFICATES OF COMPLIANCE.--A local exchange carrier may
provide cable service to its cable service subscribers in its telephone service
area through an open video system that complies with this section. To theextent permitted by such regulations as the Commission may prescribe
consistent with the public interest, convenience, and necessity, an operator
of a cable system or any other person may provide video programming
through an open video system that complies with this section. An operatorof an open video system shall qualify for reduced regulatory burdens undersubsection (c) of this section if the operator of such system certifies to theCommission that such carrier complies with the Commission's regulations
under subsection (b) and the Commission approves such certification. The
Commission shall publish notice of the receipt of any such certification andshall act to approve or disapprove any such certification within 10 days
after receipt of such certification.
(2) DISPUTE RESOLUTION.--The Commission shall have theauthority to resolve disputes under this section and the regulationsprescribed thereunder. Any such dispute shall be resolved within 180 days
after notice of such dispute is submitted to the Commission. At that time orsubsequently in a separate damages proceeding, the Commission may, inthe case of any violation of this section, require carriage, award damages toany person denied carriage, or any combination of such sanctions. Any
aggrieved party may seek any other remedy available under this Act.

315

Communications Act of 1934(b) COMMISSION ACTIONS.-(1) REGULATIONS REQUIRED.--Within 6 months after the date ofenactment of the Telecommunications Act of 1996, the Commission shallcomplete all actions necessary (including any reconsideration) to prescribe
regulations that-(A) except as required pursuant to section 611, 614, or 615,
prohibit an operator of an open video system from discriminating
among video programming providers with regard to carriage on its
open video system, and ensure that the rates, terms, and conditions
for such carriage are just and reasonable, and are not unjustly or
unreasonably discriminatory;(B) if demand exceeds the channel capacity of the open
video system, prohibit an operator of an open video system and its
affiliates from selecting the video programming services for carriage
on more than one-third of the activated channel capacity on such
system, but nothing in this subparagraph shall be construed to limit
the number of channels that the carrier and its affiliates may offer toprovide directly to subscribers;(C) permit an operator of an open video system to carry on
only one channel any video programming service that is offered bymore than one video programming provider (including the local
exchange carrier's video programming affiliate): Provided, That
subscribers have ready and immediate access to any such video
programming service;(D) extend to the distribution of video programming overopen video systems the Commission's regulations concerning sports
exclusivity (47 C.F.R. 76.67), network nonduplication (47 C.F.R.
76.92 et seq.), and syndicated exclusivity (47 C.F.R. 76.151 etseq.); and(E)(i) prohibit an operator of an open video system fromunreasonably discriminating in favor of the operator or its affiliateswith regard to material or information (including advertising)provided by the operator to subscribers for the purposes of
selecting programming on the open video system, or in the way
such material or information is presented to subscribers;(ii) require an operator of an open video system to ensurethat video programming providers or copyright holders (or both)are able suitably and uniquely to identify their programming
services to subscribers;(iii) if such identification is transmitted as part of the
programming signal, require the carrier to transmit such
identification without change or alteration; and316

Communications Act of 1934(iv) prohibit an operator of an open video system fromomitting television broadcast stations or other unaffiliated video
programming services carried on such system from any navigational
device, guide, or menu.
(2) CONSUMER ACCESS.--Subject to the requirements of paragraph(1) and the regulations thereunder, nothing in this section prohibits acommon carrier or its affiliate from negotiating mutually agreeable terms
and conditions with over-the-air broadcast stations and other unaffiliatedvideo programming providers to allow consumer access to their signals on
any level or screen of any gateway, menu, or other program guide, whether
provided by the carrier or its affiliate.
(c) REDUCED REGULATORY BURDENS FOR OPEN VIDEO SYSTEMS.-(1) IN GENERAL.--Any provision that applies to a cable operator
under-(A) sections 613 (other than subsection (a) thereof), 616,
623(f), 628, 631, and 634 of this title, shall apply,(B) sections 611, 614, and 615 of this title, and section 325
of title III, shall apply in accordance with the regulations prescribedunder paragraph (2), and(C) sections 612 and 617, and parts III and IV (other thansections 623(f), 628, 631, and 634), of this title shall not apply,
to any operator of an open video system for which the Commission
has approved a certification under this section.
(2) IMPLEMENTATION.-(A) COMMISSION ACTION.--In the rulemaking proceeding toprescribe the regulations required by subsection (b)(1), theCommission shall, to the extent possible, impose obligations thatare no greater or lesser than the obligations contained in theprovisions described in paragraph (1)(B) of this subsection. The
Commission shall complete all action (including any
reconsideration) to prescribe such regulations no later than 6months after the date of enactment of the Telecommunications Act
of 1996.
(B) FEES.--An operator of an open video system under thispart may be subject to the payment of fees on the gross revenues ofthe operator for the provision of cable service imposed by a local
franchising authority or other governmental entity, in lieu of the
franchise fees permitted under section 622. The rate at which such
fees are imposed shall not exceed the rate at which franchise fees
are imposed on any cable operator transmitting video programmingin the franchise area, as determined in accordance with regulationsprescribed by the Commission. An operator of an open video

317

Communications Act of 1934
system may designate that portion of a subscriber's bill attributable
to the fee under this subparagraph as a separate item on the bill.
(3) REGULATORY STREAMLINING.--With respect to theestablishment and operation of an open video system, the requirements ofthis section shall apply in lieu of, and not in addition to, the requirements of
title II.
(4) TREATMENT AS CABLE OPERATOR.--Nothing in this Act
precludes a video programming provider making use of an open video
system from being treated as an operator of a cable system for purposes ofsection 111 of title 17, United States Code.
(d) DEFINITION OF TELEPHONE SERVICE AREA.--For purposes of thissection, the term ''telephone service area'' when used in connection with a common
carrier subject in whole or in part to title II of this Act means the area within whichsuch carrier is offering telephone exchange service.

TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. [47 U.S.C. 601] TRANSFER TO COMMISSION OF DUTIES,POWERS, AND FUNCTIONS UNDER EXISTING LAW.
(a) All duties, powers, and functions of the Interstate CommerceCommission under the Act of August 7, 1888 (25 Stat. 382), relating to operationof telegraph lines by railroad and telegraph companies granted Government aid in
the construction of their lines, are hereby imposed upon and vested in theCommission: Provided, That such transfer of duties, powers, and functions shallnot be construed to affect the duties, powers, functions, or jurisdiction of theInterstate Commerce Commission under, or to interfere with or prevent theenforcement of, the Interstate Commerce Act and all Acts amendatory thereof or
supplemental thereto.
(b) All duties, powers, and functions of the Postmaster General withrespect to telegraph companies and telegraph lines under any existing provision oflaw are hereby imposed upon and vested in the Commission.
[Section 702 was repealed by Public Law 103-414, section 304(a)(13), 108
Stat. 4296-7.][Section 703 was repealed by Public Law 103-414, section 304(a)(13), 108
Stat. 4296-7.]
SEC. 704. [47 U.S.C. 604] EFFECT OF TRANSFERS, REPEALS, AND
AMENDMENTS.
(a) All orders, determinations, rules, regulations, permits, contracts,
licenses, and privileges which have been issued, made, or granted by the Interstate
Commerce Commission, the Federal Radio Commission, or the Postmaster

318

Communications Act of 1934
General, under any provision of law repealed or amended by this Act or in theexercise of duties, powers, or functions transferred to the Commission by this Act,and which are in effect at the time this section takes effect, shall continue in effectuntil modified, terminated, superseded, or repealed by the Commission or by
operation of law.
(b) All records transferred to the Commission under this Act shall beavailable for use by the Commission to the same extent as if such records wereoriginally records of the Commission. All final valuations and determinations ofdepreciation charges by the Interstate Commerce Commission with respect tocommon carriers engaged in radio or wire communication, and all orders of theInterstate Commerce Commission with respect to such valuations anddeterminations, shall have the same force and effect as though made by theCommission under this Act.
SEC. 705. [47 U.S.C. 605] UNAUTHORIZED PUBLICATION OFCOMMUNICATIONS.
(a) Except as authorized by chapter 119, title 18, United States Code, no
person receiving, assisting in receiving, transmitting, or assisting in transmitting,any interstate or foreign communication by wire or radio shall divulge or publish
the existence, contents, substance, purport, effect, or meaning thereof, except
through authorized channels of transmission or reception, (1) to any person otherthan the addressee, his agent, or attorney, (2) to a person employed or authorized
to forward such communication to its destination, (3) to proper accounting or
distributing officers of the various communicating centers over which thecommunication may be passed, (4) to the master of a ship under whom he isserving, (5) in response to a subpena issued by a court of competent jurisdiction,or (6) on demand of other lawful authority. No person not being authorized by thesender shall intercept any radio communication and divulge or publish theexistence, contents, substance, purport, effect, or meaning of such intercepted
communication to any person. No person not being entitled thereto shall receive or
assist in receiving any interstate or foreign communication by radio and use such
communication (or any information therein contained) for his own benefit or forthe benefit of another not entitled thereto. No person having received any
intercepted radio communication or having become acquainted with the contents,
substance, purport, effect, or meaning of such communication (or any part thereof)
knowing that such communication was intercepted, shall divulge or publish theexistence, contents, substance, purport, effect, or meaning of such communication(or any part thereof) or use such communication (or any information thereincontained) for his own benefit or for the benefit of another not entitled thereto.
This section shall not apply to the receiving, divulging, publishing, or utilizing thecontents of any radio communication which is transmitted by any station for theuse of the general public, which relates to ships, aircraft, vehicles, or persons in

319

Communications Act of 1934
distress, or which is transmitted by an amateur radio station operator or by acitizens band radio operator.
(b) The provisions of subsection (a) shall not apply to the interception orreceipt by any individual, or the assisting (including the manufacture or sale) ofsuch interception or receipt, of any satellite cable programming for private viewing
if-(1) the programming involved is not encrypted; and(2)(A) a marketing system is not established under which-(i) an agent or agents have been lawfully designated for the
purpose of authorizing private viewing by individuals, and(ii) such authorization is available to the individual involved
from the appropriate agent or agents; or(B) a marketing system described in subparagraph (A) is establishedand the individuals receiving such programming has obtained authorization
for private viewing under that system.
(c) No person shall encrypt or continue to encrypt satellite delivered
programs included in the National Program Service of the Public Broadcasting
Service and intended for public viewing by retransmission by television broadcast
stations; except that as long as at least one unencrypted satellite transmission of
any program subject to this subsection is provided, this subsection shall notprohibit additional encrypted satellite transmissions of the same program.
(d) For purposes of this section-(1) the term ''satellite cable programming'' means video
programming which is transmitted via satellite and which is primarily
intended for the direct receipt by cable operators for their retransmission tocable subscribers;(2) the term ''agent,'' with respect to any person, includes an
employee of such person;(3) the term ''encrypt,'' when used with respect to satellite cable
programming, means to transmit such programming in a form whereby theaural and visual characteristics (or both) are modified or altered for the
purpose of preventing the unauthorized receipt of such programming bypersons without authorized equipment which is designed to eliminate theeffects of such modification or alteration;(4) the term ''private viewing'' means the veiwing for private use in
an individual's dwelling unit by means of equipment, owned or operated bysuch individual, capable of receiving satellite cable programming directlyfrom a satellite;(5) the term ''private financial gain'' shall not include the gain
resulting to any individual for the private use of such individual's dwelling
unit of any programming for which the individual has not obtained
authorization for that use; and320

Communications Act of 1934(6) the term ''any person aggrieved'' shall include any person with
proprietary rights in the intercepted communication by wire or radio,
including wholesale or retail distributors of satellite cable programming,and, in the case of a violation of paragraph (4) of subsection (e), shall also
include any person engaged in the lawful manufacture, distribution, or saleof equipment necessary to authorize or receive satellite cable programming.
(e)(1) Any person who willfully violates subsection (a) shall be fined not
more than $2,000 or imprisoned for not more than 6 months, or both.
(2) Any person who violates subsecton (a) willfully and for purposes of
direct or indirect commerical advantage or private financial gain shall be fined not
more than $50,000 or imprisoned for not more than 2 years, or both, for the firstsuch conviction and shall be fined not more than $100,000 or imprisoned for not
more than 5 years, or both, for any subsequent conviction.
(3)(A) Any person aggrieved by any violation of subsection (a) or
paragraph (4) of this subsection may bring a civil action in a United States district
court or in any other court of competent jurisdiction.
(B) The court-(i) may grant temporary and final injunctions on such terms as it
may deem reasonable to prevent or restrain violations of subsection (a);(ii) may award damages as described in subparagraph (C); and(iii) shall direct the recovery of full costs, including awarding
reasonable attorneys' fees to an aggrieved party who prevails.
(C)(i) Damages awarded by any court under this section shall be computed,
at the election of the aggrieved party, in accordance with either of the following
subclauses;(I) the party aggrieved may recover the actual damages suffered byhim as a result of the violation and any profits of the violator that are
attributable to the violation which are not taken into account in computing
the actual damages; in determining the violator's profits, the party
aggrieved shall be required to prove only the violator's gross revenue, andthe violator shall be required to prove his deductible expenses and theelements of profit attributable to factors other than the violation; or(II) the party aggrieved may recover an award of statutory damages
for each violation of subsection (a) involved in the action in a sum of notless than $1,000 or more than $10,000, as the court considers just, and foreach violation of paragraph (4) of this subsection involved in the action an
aggrieved party may recover statutory damages in a sum not less than
$10,000, or more than $100,000, as the court considers just.
(ii) In any case in which the court finds that the violation was committed
willfully and for purposes of direct or indirect commercial advantage or private
financial gain, the court in its discretion may increase the award of damages,
whether actual or statutory, by an amount of not more than $100,000 for each321

Communications Act of 1934
violation of subsection (a).
(iii) In any case where the court finds that the violator was not aware andhad no reason to believe that his acts constituted a violation of this section, thecourt in its discretion may reduce the award of damages to a sum of not less than$250.
(4) Any person who manufactures, assembles, modifies, imports, exports,
sells, or distributes any electronic, mechanical, or other device or equipment,
knowing or having reason to know that the device or equipment is primarily of
assistance in the unauthorized decryption of satellite cable programming, or directto-home satellite services, or is intended for any other activity prohibited bysubsection (a), shall be fined not more than $500,000 for each violation, or
imprisoned for not more than 5 years for each violation, or both. For purposes ofall penalties and remedies established for violations of this paragraph, theprohibited activity established herein as it applies to each such device shall bedeemed a separate violation.
(5) The penalties under this subsection shall be in addition to thoseprescribed under any other provision of this title.
(6) Nothing in this subsection shall prevent any State, or politicalsubdivision thereof, from enacting or enforcing any laws with respect to theimportation, sale, manufacture, or distribution of equipment by any person with theintent of its use to assist in the interception or receipt of radio communications
prohibited by subsection (a).
(f) Nothing in this section shall affect any right, obligation, or liability undertitle 17, United States Code, any rule, regulation, or order thereunder, or any otherapplicable Federal, State, or local law.
(g) The Commission shall initiate an inquiry concerning the need for auniversal encryption standard that permits decryption of satellite cable
programming intended for private viewing. In conducting such inquiry, theCommission shall take into account-(1) consumer costs and benefits of any such standard, including
consumer investment in equipment in operation;(2) incorporation of technological enhancements, including
advanced television formats;(3) whether any such standard would effectively prevent present
and future unauthorized decryption of satellite cable programming;(4) the costs and benefits of any such standard on other authorizedusers of encrypted satellite cable programming, including cable systems andsatellite master antenna television systems;(5) the effect of any such standard on competition in the
manufacture of decryption equipment; and(6) the impact of the time delay associated with the Commission
procedures necessary for establishment of such standards.

322

Communications Act of 1934(h) If the Commission finds, based on the information gathered from theinquiry required by subsection (g), that a universal encryption standard is necessary
and in the public interest, the Commission shall initiate a rulemaking to establish
such a standard.
SEC. 706. [47 U.S.C. 606] WAR EMERGENCY--POWERS OFPRESIDENT.
(a) During the continuance of a war in which the United States is engaged,
the President is authorized, if he finds it necessary for the national defense andsecurity, to direct that such communications as in his judgment may be essential to
the national defense and security shall have preference or priority with any carrier
subject to this Act. He may give these directions at and for such times as he may
determine, and may modify, change, suspend, or annul them and for any such
purpose he is hereby authorized to issue orders directly, or through such person or
persons as he designates for the purpose, or through the Commission. Any carrier
complying with any such order or direction or preference or priority hereinauthorized shall be exempt from any and all provisions in existing law imposing
civil or criminal penalties, obligations, or liabilities upon carriers by reason ofgiving preference or priority in compliance with such order or direction.
(b) It shall be unlawful for any person during any war in which the UnitedStates is engaged to knowingly or willfully, by physical force or intimidation bythreats of physical force, obstruct or retard or aid in obstructing or retarding
interstate or foreign communication by radio or wire. The President is hereby
authorized, whenever in his judgment the public interest requires, to employ thearmed forces of the United States to prevent any such obstruction or retardation ofcommunication: Provided, That nothing in this section shall be construed to repeal,
modify, or affect either section 6 or section 20 of the Act entitled ''An Act tosupplement existing laws against unlawful restraints and monopolies, and for otherpurposes'', approved October 15, 1914.
(c) Upon proclamation by the President that there exists war or a threat ofwar, or a state of public peril or disaster or other national emergency, or in orderto preserve the neutrality of the United States, the President, if he deems it
necessary in the interest of national security or defense, may suspend or amend, forsuch time as he may see fit, the rules and regulations applicable to any or all
stations or devices capable of emitting electromagnetic radiations within thejurisdiction of the United States as prescribed by the Commission, and may cause
the closing of any station for radio communication, or any device capable ofemitting electromagnetic radiations between 10 kilocycles and 100,000
megacycles, which is suitable for use as a navigational aid beyond five miles, andthe removal therefrom of its apparatus and equipment, or he may authorize the useor control of any such station or device and/or its apparatus and equipment, by any
department of the Government under such regulations as he may prescribe upon

323

Communications Act of 1934
just compensation to the owners. The authority granted to the President, under thissubsection, to cause the closing of any station or device and the removal therefrom
of its apparatus and equipment, or to authorize the use or control of any station or
device and/or its apparatus and equipment, may be exercised in the Canal Zone.
(d) Upon proclamation by the President that there exists a state or threat of
war involving the United States, the President, if he deems it necessary in theinterest of the national security and defense, may, during a period ending not later
than six months after the termination of such state or threat of war and not later
than such earlier date as the Congress by concurrent resolution may designate, (1)suspend or amend the rules and regulations applicable to any or all facilities or
stations for wire communication within the jurisdiction of the United States asprescribed by the Commission, (2) cause the closing of any facility or station forwire communication and the removal therefrom of its apparatus and equipment, or(3) authorize the use or control of any such facility or station and its apparatus andequipment by any department of the Government under such regulations as he may
prescribe, upon just compensation to the owners.
(e) The President shall ascertain the just compensation for such use orcontrol and certify the amount ascertained to Congress for appropriation andpayment to the person entitled thereto. If the amount so certified is unsatisfactory
to the person entitled thereto, such person shall be paid only 75 per centum of theamount and shall be entitled to sue the United States to recover such further sums
as added to such payment of 75 per centum will make such amount as will be justcompensation for the use and control. Such suit shall be brought in the manner
provided by paragraph 20 of section 24, or by section 145, of the Judicial Code, as
amended.
(f) Nothing in subsection (c) or (d) shall be construed to amend, repeal,
impair, or effect existing laws or powers of the States in relation to taxation or the
lawful police regulations of the several States, except wherein such laws, powers,
or regulations may affect the transmission of Government communications, or theissue of stocks and bonds by any communication system or systems.
(g) Nothing in subsection (c) or (d) shall be construed to authorize thePresident to make any amendment to the rules and regulations of the Commission
which the Commission would not be authorized by law to make; and nothing insubsection (d) shall be construed to authorize the President to take any action theforce and effect of which shall continue beyond the date after which taking of suchaction would not have been authorized.
(h) Any person who willfully does or causes or suffers to be done any act
prohibited pursuant to the exercise of the President's authority under this section,or who willfully fails to do any act which he is required to do pursuant to theexercise of the President's authority under this section, or who willfully causes orsuffers such failure, shall, upon conviction thereof, be punished for such offense bya fine of not more than $1,000 or by imprisonment for not more than one year, or324

Communications Act of 1934
both, and, if a firm, partnership, association, or corporation, by fine of not morethan $5,000, except that any person who commits such an offense with intent toinjure the United States, or with intent to secure an advantage to any foreign
nation, shall, upon conviction thereof, be punished by a fine of not more than
$20,000 or by imprisonment for not more than 20 years, or both.
SEC. 707. [47 U.S.C. 607] EFFECTIVE DATE OF ACT.
This Act shall take effect upon the organization of the Commission, exceptthat this section and sections 1 and 4 shall take effect July 1, 1934. The
Commission shall be deemed to be organized upon such date as four members of
the Commission have taken office.
SEC. 708. [47 U.S.C. 608] SEPARABILITY CLAUSE.
If any provision of this Act or the application thereof to any person or
circumstance is held invalid, the remainder of the Act and the application of suchprovision to other persons or circumstances shall not be affected thereby.
SEC. 709. [47 U.S.C. 609] SHORT TITLE.
This Act may be cited as the ''Communications Act of 1934.''
SEC. 710. [47 U.S.C. 610] TELEPHONE SERVICE FOR THE DISABLED.
(a) The Commission shall establish such regulations as are necessary toensure reasonable access to telephone service by persons with impaired hearing.
(b)(1) Except as provided in paragraphs (2) and (3), the Commission shallrequire that-(A) all essential telephones, and(B) all telephones manufactured in the United States (other than forexport) more than one year after the date of enactment of the Hearing Aid
Compatibility Act of 1988 or imported for use in the United States morethan one year after such date,provide internal means for effective use with hearing aids that are designed
to be compatible with telephones which meet established technical standards forhearing aid compatibility.
(2)(A) The initial regulations prescribed by the Commission underparagraph (1) of this subsection after the date of enactment of the Hearing Aid
Compatibility Act of 1988 shall exempt from the requirements established pursuant
to paragraph (1)(B) of this subsection only-(i) telephones used with public mobile services;(ii) telephones used with private radio services;(iii) cordless telephones; and(iv) secure telephones.
(B) The exemption provided by such regulations for cordless telephones

325

Communications Act of 1934
shall not apply with respect to cordless telephones manufactured or imported morethan three years after the date of enactment of the Hearing Aid Compatibility Act
of 1988.
(C) The Commission shall periodically assess the appropriateness ofcontinuing in effect the exemptions provided by such regulations for telephones
used with public mobile services and telephones used with private radio services.
The Commission shall revoke or otherwise limit any such exemption if theCommission determines that-(i) such revocation or limitation is in the public interest;(ii) continuation of the exemption without such revocation orlimitation would have an adverse effect on hearing-impaired individuals;(iii) compliance with the requirements of paragraph (1)(B) is
technologically feasible for the telephones to which the exemption applies;
and(iv) compliance with the requirements of paragraph (1)(B) would
not increase costs to such an extent that the telephones to which the
exemption applies could not be successfully marketed.
(3) The Commission may, upon the application of any interested person,
initiate a proceeding to waive the requirements of paragraph (1)(B) of thissubsection with respect to new telephones, or telephones associated with a newtechnology or service. The Commission shall not grant such a waiver unless theCommission determines, on the basis of evidence in the record of such proceeding,that such telephones, or such technology or service, are in the public interest, andthat (A) compliance with the requirements of paragraph (1)(B) is technologicallyinfeasible, or (B) compliance with such requirements would increase the costs ofthe telephones, or of the technology or service, to such an extent that such
telephones, technology, or service could not be successfully marketed. In any
proceeding under this paragraph to grant a waiver from the requirements ofparagraph (1)(B), the Commission shall consider the effect on hearing-impaired
individuals of granting the waiver. The Commission shall periodically review anddetermine the continuing need for any waiver granted pursuant to this paragraph.
(4) For purposes of this subsection-(A) the term ''essential telephones'' means only coin-operated
telephones, telephones provided for emergency use, and other telephones
frequently needed for use by persons using such hearing aids;(B) the term ''public mobile services'' means air-to-groundradiotelephone services, cellular radio telecommunications services,
offshore radio, rural radio service, public land mobile telephone service,and other common carrier radio communication services covered by part
22 of title 47 of the Code of Federal Regulations;(C) the term ''private radio services'' means private land mobile
radio services and other communications services characterized by the326Communications Act of 1934
Commission in its rules as private radio services; and(D) the term ''secure telephones'' means telephones that areapproved by the United States Government for the transmission ofclassified or sensitive voice communications.
(c) The Commission shall establish or approve such technical standards as
are required to enforce this section.
(d) The Commission shall establish such requirements for the labeling of
packaging materials for equipment as are needed to provide adequate information
to consumers on the compatibility between telephones and hearing aids.
(e) In any rulemaking to implement the provisions of this section, theCommission shall specifically consider the costs and benefits to all telephone users,
including persons with and without hearing impairments. The Commission shallensure that regulations adopted to implement this section encourage the use ofcurrently available technology and do not discourage or impair the development of
improved technology.
(f) The Commission shall periodically review the regulations establishedpursuant to this section. Except for coin-operated telephones and telephones
provided for emergency use, the Commission may not require the retrofitting ofequipment to achieve the purposes of this section.
(g) Any common carrier or connecting carrier may provide specialized
terminal equipment needed by persons whose hearing, speech, vision, or mobility isimpaired. The State commission may allow the carrier to recover in its tariffs forregulated service reasonable and prudent costs not charged directly to users ofsuch equipment.
(h) The Commission shall delegate to each State commission the authority
to enforce within such State compliance with the specific regulations that theCommission issues under subsections (a) and (b), conditioned upon the adoption
and enforcement of such regulations by the State commission.
SEC. 711. [47 U.S.C. 611] CLOSED-CAPTIONING OF PUBLIC SERVICEANNOUNCEMENTS.
Any television public service announcement that is produced or funded inwhole or in part by any agency or instrumentality of Federal Government shall
include closed captioning of the verbal content of such announcement. A television
broadcast station licensee-(1) shall not be required to supply closed captioning for any suchannouncement that fails to include it; and(2) shall not be liable for broadcasting any such announcement
without transmitting a closed caption unless the licensee intentionally fails
to transmit the closed caption that was included with the announcement.
SEC. 712. [47 U.S.C. 612] SYNDICATED EXCLUSIVITY.

327

Communications Act of 1934(a) The Federal Communications Commission shall initiate a combined
inquiry and rulemaking proceeding for the purpose of-(1) determining the feasibility of imposing syndicated exclusivity
rules with respect to the delivery of syndicated programming (as defined by
the Commission) for private home viewing of secondary transmissions bysatellite of broadcast station signals similar to the rules issued by theCommission with respect to syndicated exclusivity and cable television; and(2) adopting such rules if the Commission considers the impositionof such rules to be feasible.
(b) In the event that the Commission adopts such rules, any willful andrepeated secondary transmission made by a satellite carrier to the public of a
primary transmission embodying the performance or display of a work which
violates such Commission rules shall be subject to the remedies, sanctions, andpenalties provided by title V and section 705 of this Act.
SEC. 713. [47 U.S.C. 613] VIDEO PROGRAMMING ACCESSIBILITY.
(a) COMMISSION INQUIRY.--Within 180 days after the date of enactment of
the Telecommunications Act of 1996, the Federal Communications Commission
shall complete an inquiry to ascertain the level at which video programming isclosed captioned. Such inquiry shall examine the extent to which existing or
previously published programming is closed captioned, the size of the video
programming provider or programming owner providing closed captioning, thesize of the market served, the relative audience shares achieved, or any otherrelated factors. The Commission shall submit to the Congress a report on the
results of such inquiry.
(b) ACCOUNTABILITY CRITERIA.--Within 18 months after such date ofenactment, the Commission shall prescribe such regulations as are necessary to
implement this section. Such regulations shall ensure that-(1) video programming first published or exhibited after theeffective date of such regulations is fully accessible through the provisionof closed captions, except as provided in subsection (d); and(2) video programming providers or owners maximize theaccessibility of video programming first published or exhibited prior to theeffective date of such regulations through the provision of closed captions,
except as provided in subsection (d).
(c) DEADLINES FOR CAPTIONING.--Such regulations shall include anappropriate schedule of deadlines for the provision of closed captioning of video
programming.
(d) EXEMPTIONS.--Notwithstanding subsection (b)-(1) the Commission may exempt by regulation programs, classes ofprograms, or services for which the Commission has determined that theprovision of closed captioning would be economically burdensome to the328Communications Act of 1934
provider or owner of such programming;(2) a provider of video programming or the owner of any program
carried by the provider shall not be obligated to supply closed captions ifsuch action would be inconsistent with contracts in effect on the date ofenactment of the Telecommunications Act of 1996, except that nothing inthis section shall be construed to relieve a video programming provider of
its obligations to provide services required by Federal law; and(3) a provider of video programming or program owner may
petition the Commission for an exemption from the requirements of thissection, and the Commission may grant such petition upon a showing thatthe requirements contained in this section would result in an undue burden.
(e) UNDUE BURDEN.--The term ''undue burden'' means significant difficultyor expense. In determining whether the closed captions necessary to comply withthe requirements of this paragraph would result in an undue economic burden, thefactors to be considered include-(1) the nature and cost of the closed captions for the programming;(2) the impact on the operation of the provider or program owner;(3) the financial resources of the provider or program owner; and(4) the type of operations of the provider or program owner.
(f) VIDEO DESCRIPTIONS INQUIRY.--Within 6 months after the date ofenactment of the Telecommunications Act of 1996, the Commission shallcommence an inquiry to examine the use of video descriptions on video
programming in order to ensure the accessibility of video programming to persons
with visual impairments, and report to Congress on its findings. The Commission's
report shall assess appropriate methods and schedules for phasing video
descriptions into the marketplace, technical and quality standards for video
descriptions, a definition of programming for which video descriptions would
apply, and other technical and legal issues that the Commission deems appropriate.
(g) VIDEO DESCRIPTION.--For purposes of this section, ''video description''means the insertion of audio narrated descriptions of a television program's key
visual elements into natural pauses between the program's dialogue.
(h) PRIVATE RIGHTS OF ACTIONS PROHIBITED.--Nothing in this section shallbe construed to authorize any private right of action to enforce any requirement of
this section or any regulation thereunder. The Commission shall have exclusive
jurisdiction with respect to any complaint under this section.
SEC. 714. [47 U.S.C. 614] TELECOMMUNICATIONS DEVELOPMENTFUND.
(a) PURPOSE OF SECTION.--It is the purpose of this section-(1) to promote access to capital for small businesses in order toenhance competition in the telecommunications industry;(2) to stimulate new technology development, and promote

329

Communications Act of 1934
employment and training; and(3) to support universal service and promote delivery oftelecommunications services to underserved rural and urban areas.
(b) ESTABLISHMENT OF FUND.--There is hereby established a body
corporate to be known as the Telecommunications Development Fund, which shallhave succession until dissolved. The Fund shall maintain its principal office in theDistrict of Columbia and shall be deemed, for purposes of venue and jurisdiction in
civil actions, to be a resident and citizen thereof.
(c) BOARD OF DIRECTORS.-(1) COMPOSITION OF BOARD; CHAIRMAN.--The Fund shall have a
Board of Directors which shall consist of 7 persons appointed by the
Chairman of the Commission. Four of such directors shall be representativeof the private sector and three of such directors shall be representative of
the Commission, the Small Business Administration, and the Department of
the Treasury, respectively. The Chairman of the Commission shall appoint
one of the representatives of the private sector to serve as chairman of theFund within 30 days after the date of enactment of this section, in order tofacilitate rapid creation and implementation of the Fund. The directors shall
include members with experience in a number of the following areas:
finance, investment banking, government banking, communications law andadministrative practice, and public policy.
(2) TERMS OF APPOINTED AND ELECTED MEMBERS.--The directors
shall be eligible to serve for terms of 5 years, except of the initial members,
as designated at the time of their appointment-(A) 1 shall be eligible to service for a term of 1 year;(B) 1 shall be eligible to service for a term of 2 years;(C) 1 shall be eligible to service for a term of 3 years;(D) 2 shall be eligible to service for a term of 4 years; and(E) 2 shall be eligible to service for a term of 5 years (1 ofwhom shall be the Chairman).
Directors may continue to serve until their successors have been
appointed and have qualified.
(3) MEETINGS AND FUNCTIONS OF THE BOARD.--The Board of
Directors shall meet at the call of its Chairman, but at least quarterly. The
Board shall determine the general policies which shall govern theoperations of the Fund. The Chairman of the Board shall, with the approvalof the Board, select, appoint, and compensate qualified persons to fill theoffices as may be provided for in the bylaws, with such functions, powers,
and duties as may be prescribed by the bylaws or by the Board of
Directors, and such persons shall be the officers of the Fund and shalldischarge all such functions, powers, and duties.
(d) ACCOUNTS OF THE FUND.--The Fund shall maintain its accounts at a

330

Communications Act of 1934
financial institution designated for purposes of this section by the Chairman of theBoard (after consultation with the Commission and the Secretary of the Treasury).
The accounts of the Fund shall consist of-(1) interest transferred pursuant to section 309(j)(8)(C) of this Act;(2) such sums as may be appropriated to the Commission foradvances to the Fund;(3) any contributions or donations to the Fund that are accepted by
the Fund; and(4) any repayment of, or other payment made with respect to,loans, equity, or other extensions of credit made from the Fund.
(e) USE OF THE FUND.--All moneys deposited into the accounts of the Fundshall be used solely for-(1) the making of loans, investments, or other extensions of credits
to eligible small businesses in accordance with subsection (f);(2) the provision of financial advice to eligible small businesses;(3) expenses for the administration and management of the Fund(including salaries, expenses, and the rental or purchase of office space forthe fund);(4) preparation of research, studies, or financial analyses; and(5) other services consistent with the purposes of this section.
(f) LENDING AND CREDIT OPERATIONS.--Loans or other extensions ofcredit from the Fund shall be made available in accordance with the requirementsof the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) and any otherapplicable law to an eligible small business on the basis of-(1) the analysis of the business plan of the eligible small business;(2) the reasonable availability of collateral to secure the loan or
credit extension;(3) the extent to which the loan or credit extension promotes the
purposes of this section; and(4) other lending policies as defined by the Board.
(g) RETURN OF ADVANCES.--Any advances appropriated pursuant tosubsection (d)(2) shall be disbursed upon such terms and conditions (including
conditions relating to the time or times of repayment) as are specified in any
appropriations Act providing such advances.
(h) GENERAL CORPORATE POWERS.--The Fund shall have power-(1) to sue and be sued, complain and defend, in its corporate nameand through its own counsel;(2) to adopt, alter, and use the corporate seal, which shall be
judicially noticed;(3) to adopt, amend, and repeal by its Board of Directors, bylaws,
rules, and regulations as may be necessary for the conduct of its business;(4) to conduct its business, carry on its operations, and have331

Communications Act of 1934
officers and exercise the power granted by this section in any State without
regard to any qualification or similar statute in any State;(5) to lease, purchase, or otherwise acquire, own, hold, improve,use, or otherwise deal in and with any property, real, personal, or mixed, or
any interest therein, wherever situated, for the purposes of the Fund;(6) to accept gifts or donations of services, or of property, real,
personal, or mixed, tangible or intangible, in aid of any of the purposes of
the Fund;(7) to sell, convey, mortgage, pledge, lease, exchange, andotherwise dispose of its property and assets;(8) to appoint such officers, attorneys, employees, and agents as
may be required, to determine their qualifications, to define their duties, to
fix their salaries, require bonds for them, and fix the penalty thereof; and(9) to enter into contracts, to execute instruments, to incur
liabilities, to make loans and equity investment, and to do all things as arenecessary or incidental to the proper management of its affairs and theproper conduct of its business.
(i) ACCOUNTING, AUDITING, AND REPORTING.--The accounts of the Fundshall be audited annually. Such audits shall be conducted in accordance withgenerally accepted auditing standards by independent certified public accountants.
A report of each such audit shall be furnished to the Secretary of the Treasury andthe Commission. The representatives of the Secretary and the Commission shallhave access to all books, accounts, financial records, reports, files, and all otherpapers, things, or property belonging to or in use by the Fund and necessary tofacilitate the audit.
(j) REPORT ON AUDITS BY TREASURY.--A report of each such audit for a
fiscal year shall be made by the Secretary of the Treasury to the President and to
the Congress not later than 6 months following the close of such fiscal year. The
report shall set forth the scope of the audit and shall include a statement of assets
and liabilities, capital and surplus or deficit; a statement of surplus or deficit
analysis; a statement of income and expense; a statement of sources andapplication of funds; and such comments and information as may be deemednecessary to keep the President and the Congress informed of the operations andfinancial condition of the Fund, together with such recommendations with respect
thereto as the Secretary may deem advisable.
(k) DEFINITIONS.--As used in this section:(1) ELIGIBLE SMALL BUSINESS.--The term ''eligible small business''means business enterprises engaged in the telecommunications industry thathave $50,000,000 or less in annual revenues, on average over the past 3
years prior to submitting the application under this section.
(2) FUND.--The term ''Fund'' means the Telecommunications
Development Fund established pursuant to this section.

332

Communications Act of 1934(3) TELECOMMUNICATIONS INDUSTRY.--The term''telecommunications industry'' means communications businesses using
regulated or unregulated facilities or services and includes broadcasting,telecommunications, cable, computer, data transmission, software,
programming, advanced messaging, and electronics businesses.

333