47 U.S.C. § 152 (TELECOMMUNICATIONS)
§ 152. Application of chapter
(a) The provisions of this chapter shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/or is received within the United States, and to all persons engaged within the United States in such communication or such transmission of energy by radio, and to the licensing and regulating of all radio stations as hereinafter provided; but it shall not apply to persons engaged in wire or radio communication or transmission in the Canal Zone, or to wire or radio communication or transmission wholly within the Canal Zone. The provisions of this chapter shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in subchapter V–A.
(b) Except as provided in sections 223 through 227 of this title, inclusive, section 276 of this title, and section 332 of this title, and subject to the provisions of section 301 of this title and subchapter V–A, nothing in this chapter shall be construed to apply or to give the Commission jurisdiction with respect to (1) charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communication service by wire or radio of any carrier, or (2) any carrier engaged in interstate or foreign communication solely through physical connection with the facilities of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (3) any carrier engaged in interstate or foreign communication solely through connection by radio, or by wire and radio, with facilities, located in an adjoining State or in Canada or Mexico (where they adjoin the State in which the carrier is doing business), of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (4) any carrier to which clause (2) or clause (3) of this subsection would be applicable except for furnishing interstate mobile radio communication service or radio communication service to mobile stations on land vehicles in Canada or Mexico; except that sections 201 to 205 of this title shall, except as otherwise provided therein, apply to carriers described in clauses (2), (3), and (4) of this subsection.
(June 19, 1934, ch. 652, title I, § 2, 48 Stat. 1064; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Apr. 27, 1954, ch. 175, § 1, 68 Stat. 63; Pub. L. 95–234, § 5, Feb. 21, 1978, 92 Stat. 35; Pub. L. 98–549, § 3(a), Oct. 30, 1984, 98 Stat. 2801; Pub. L. 101–166, title V, § 521(2), Nov. 21, 1989, 103 Stat. 1193; Pub. L. 101–336, title IV, § 401(b)(1), July 26, 1990, 104 Stat. 369; Pub. L. 102–243, § 3(b), Dec. 20, 1991, 105 Stat. 2401; Pub. L. 103–66, title VI, § 6002(b)(2)(B)(i), Aug. 10, 1993, 107 Stat. 396; Pub. L. 117–338, § 2(c), Jan. 5, 2023, 136 Stat. 6156.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
heading: Codification
text: Words “the Philippine Islands or” were omitted from this section on authority of Proc. No. 2695, issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, which recognized the independence of the Philippine Islands as of July 4, 1946. Proc. No. 2695 is set out under section 1394 of Title 22.
heading: Amendments
text: 2023—Subsec. (b). Pub. L. 117–338 inserted “section 276 of this title,” after “sections 223 through 227 of this title, inclusive,”.
1993—Subsec. (b). Pub. L. 103–66 inserted “and section 332 of this title,” after “inclusive,”.
1991—Subsec. (b). Pub. L. 102–243 substituted “Except as provided in sections 223 through 227 of this title, inclusive,” for “Except as provided in section 223 or 224 of this title”.
1990—Subsec. (b). Pub. L. 101–336, which directed substitution of “sections 224 and 225” for “section 224”, could not be executed because of the intervening amendment by Pub. L. 101–166 which substituted “section 223 or 224” for “section 224”. See 1989 Amendment note below.
1989—Subsec. (b). Pub. L. 101–166 substituted “section 223 or 224” for “section 224”.
1984—Subsec. (a). Pub. L. 98–549, § 3(a)(1), inserted provision making this chapter applicable with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in subchapter V–A of this chapter.
Subsec. (b). Pub. L. 98–549, § 3(a)(2), inserted “and subchapter V–A” after “section 301 of this title”.
1978—Subsec. (b). Pub. L. 95–234 substituted “Except as provided in section 224 of this title and subject” for “Subject”.
1954—Subsec. (b). Act Apr. 27, 1954, made it clear that intrastate communication service, whether by “wire or radio”, would not be subject to the Commission’s jurisdiction over charges, classifications, etc., and added cls. (3) and (4).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1989 Amendment
text: Pub. L. 101–166, title V, § 521(3), Nov. 21, 1989, 103 Stat. 1194, provided that: “The amendments made by this subsection [probably should be “section”, which amended this section and section 223 of this title] shall take effect 120 days after the date of enactment of this Act [Nov. 21, 1989].”
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.
heading: Effective Date of 1978 Amendment
text: Pub. L. 95–234, § 7, Feb. 21, 1978, 92 Stat. 36, provided that: “The amendments made by this Act [enacting section 224 of this title, amending this section and sections 503 and 504 of this title, repealing sections 510 of this title, and enacting provisions set out as a note under section 609 of this title] shall take effect on the thirtieth day after the date of enactment of this Act [Feb. 21, 1978]; except that the provisions of sections 503(b) and 510 of the Communications Act of 1934 [sections 503(b) and 510 of this title], as in effect on such date of enactment, shall continue to constitute the applicable law with the respect to any act or omission which occurs prior to such thirtieth day.”
heading: Implementation
text: Pub. L. 117–338, § 3, Jan. 5, 2023, 136 Stat. 6156, provided that:
“(a) Rulemaking.—
Not earlier than 18 months and not later than 24 months after the date of enactment of this Act [Jan. 5, 2023], the Federal Communications Commission shall promulgate any regulations necessary to implement this Act [see Short Title of 2023 Amendment note set out under section 609 of this title] and the amendments made by this Act.
“(b) Use of Data.—
In implementing this Act and the amendments made by this Act, including by promulgating regulations under subsection (a) and determining just and reasonable rates, the Federal Communications Commission—
“(1) may use industry-wide average costs of telephone service and advanced communications services and the average costs of service of a communications service provider; and
“(2) shall consider costs associated with any safety and security measures necessary to provide a service described in paragraph (1) and differences in the costs described in paragraph (1) by small, medium, or large facilities or other characteristics.”
heading: Effect on Other Laws
text: Pub. L. 117–338, § 4, Jan. 5, 2023, 136 Stat. 6157, provided that: “Nothing in this Act [see Short Title of 2023 Amendment note set out under section 609 of this title] shall be construed to modify or affect any Federal, State, or local law to require telephone service or advanced communications services at a State or local prison, jail, or detention facility or prohibit the implementation of any safety and security measures related to such services at such facilities.”
heading: Applicability of Consent Decrees and Other Law
text: Pub. L. 104–104, title VI, § 601, Feb. 8, 1996, 110 Stat. 143, provided that:
“(a) Applicability of Amendments to Future Conduct.—
“(1) AT&T consent decree.—
Any conduct or activity that was, before the date of enactment of this Act [Feb. 8, 1996], subject to any restriction or obligation imposed by the AT&T Consent Decree shall, on and after such date, be subject to the restrictions and obligations imposed by the Communications Act of 1934 [47 U.S.C. 151 et seq.] as amended by this Act and shall not be subject to the restrictions and the obligations imposed by such Consent Decree.
“(2) GTE consent decree.—
Any conduct or activity that was, before the date of enactment of this Act, subject to any restriction or obligation imposed by the GTE Consent Decree shall, on and after such date, be subject to the restrictions and obligations imposed by the Communications Act of 1934 as amended by this Act and shall not be subject to the restrictions and the obligations imposed by such Consent Decree.
“(3) McCaw consent decree.—
Any conduct or activity that was, before the date of enactment of this Act, subject to any restriction or obligation imposed by the McCaw Consent Decree shall, on and after such date, be subject to the restrictions and obligations imposed by the Communications Act of 1934 as amended by this Act and subsection (d) of this section and shall not be subject to the restrictions and the obligations imposed by such Consent Decree.
“(b) Antitrust Laws.—
“(1) Savings clause.—
Except as provided in paragraphs (2) and (3), nothing in this Act [see Short Title of 1996 Amendment note set out under section 609 of this title] or the amendments made by this Act shall be construed to modify, impair, or supersede the applicability of any of the antitrust laws.
“(2) Repeal.—
[Amended section 221 of this title.]
“(3) Clayton act.—
[Amended section 18 of Title 15, Commerce and Trade.]
“(c) Federal, State, and Local Law.—
“(1) No implied effect.—
This Act and the amendments made by this Act shall not be construed to modify, impair, or supersede Federal, State, or local law unless expressly so provided in such Act or amendments.
“(2) State tax savings provision.—
Notwithstanding paragraph (1), nothing in this Act or the amendments made by this Act shall be construed to modify, impair, or supersede, or authorize the modification, impairment, or supersession of, any State or local law pertaining to taxation, except as provided in sections 622 and 653(c) of the Communications Act of 1934 [47 U.S.C. 542, 573(c)] and section 602 of this Act [set out as a note below].
“(d) Commercial Mobile Service Joint Marketing.—
Notwithstanding section 22.903 of the Commission’s regulations (47 C.F.R. 22.903) or any other Commission regulation, a Bell operating company or any other company may, except as provided in sections 271(e)(1) and 272 of the Communications Act of 1934 [47 U.S.C. 271(e)(1), 272] as amended by this Act as they relate to wireline service, jointly market and sell commercial mobile services in conjunction with telephone exchange service, exchange access, intraLATA telecommunications service, interLATA telecommunications service, and information services.
“(e) Definitions.—
As used in this section:
“(1) AT&T consent decree.—
The term ‘AT&T Consent Decree’ means the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82–0192, in the United States District Court for the District of Columbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982.
“(2) GTE consent decree.—
The term ‘GTE Consent Decree’ means the order entered December 21, 1984, as restated January 11, 1985, in the action styled United States v. GTE Corp., Civil Action No. 83–1298, in the United States District Court for the District of Columbia, and any judgment or order with respect to such action entered on or after December 21, 1984.
“(3) McCaw consent decree.—
The term ‘McCaw Consent Decree’ means the proposed consent decree filed on July 15, 1994, in the antitrust action styled United States v. AT&T Corp. and McCaw Cellular Communications, Inc., Civil Action No. 94–01555, in the United States District Court for the District of Columbia. Such term includes any stipulation that the parties will abide by the terms of such proposed consent decree until it is entered and any order entering such proposed consent decree.
“(4) Antitrust laws.—
The term ‘antitrust laws’ has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes the Act of June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13 et seq.), commonly known as the Robinson-Patman Act, and section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition.”
heading: Preemption of Local Taxation With Respect to Direct-to-Home Services
text: Pub. L. 104–104, title VI, § 602, Feb. 8, 1996, 110 Stat. 144, provided that:
“(a) Preemption.—
A provider of direct-to-home satellite service shall be exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service.
“(b) Definitions.—
For the purposes of this section—
“(1) Direct-to-home satellite service.—
The term ‘direct-to-home satellite service’ means only programming transmitted or broadcast by satellite directly to the subscribers’ premises without the use of ground receiving or distribution equipment, except at the subscribers’ premises or in the uplink process to the satellite.
“(2) Provider of direct-to-home satellite service.—
For purposes of this section, a ‘provider of direct-to-home satellite service’ means a person who transmits, broadcasts, sells, or distributes direct-to-home satellite service.
“(3) Local taxing jurisdiction.—
The term ‘local taxing jurisdiction’ means any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other local jurisdiction in the territorial jurisdiction of the United States with the authority to impose a tax or fee, but does not include a State.
“(4) State.—
The term ‘State’ means any of the several States, the District of Columbia, or any territory or possession of the United States.
“(5) Tax or fee.—
The terms ‘tax’ and ‘fee’ mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction.
“(c) Preservation of State Authority.—
This section shall not be construed to prevent taxation of a provider of direct-to-home satellite service by a State or to prevent a local taxing jurisdiction from receiving revenue derived from a tax or fee imposed and collected by a State.”