AN ACT To provide for the regulation of interstate and foreign communication by wire or radio, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SEC. 1. [47 U.S.C. 151] PURPOSES OF ACT, CREATION OF FEDERAL COMMUNICATIONS COMMISSION.
For the purpose of regulating interstate and foreign commerce
in communication by wire and radio so as to make available, so far as possible,
to all the people of the United States, without discrimination on the basis
of race, color, religion, national origin, or sex, a rapid, efficient,
Nation-wide, and world-wide wire and radio communication service with adequate
facilities at reasonable charges, for the purpose of the national defense,
for the purpose of promoting safety of life and property through the use
of wire and radio 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 wire and 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 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 Act 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 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 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) 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 to carriers 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 and without pecuniary interest.
(3) AT&T CONSENT DECREE.--The term ''AT&T Consent Decree'' means the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82-0192, in the United States District Court for the District of Columbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982.
(4) BELL OPERATING COMPANY.--The term ''Bell operating company''--
(A) means any of the following companies:
(B) includes any successor or assign
of any such company that provides wireline telephone exchange service;
but
(C) does not include an affiliate of any such company,
other than an affiliate described in subparagraph (A) or (B).
(5) BROADCAST STATION.--The term ''broadcast station,'' ''broadcasting station,'' or ''radio broadcast station'' means a radio station 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 radio or in interstate or foreign radio transmission of energy, except where reference is made to common 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 described in 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 and regulations 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 by radio, by whatever name the instrument may be designated by the Commission.
(13) CORPORATION.--The term ''corporation'' includes any corporation, joint-stock company, or association.
(14) CUSTOMER PREMISES EQUIPMENT.--The term ''customer premises equipment'' means equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications.
(15) DIALING PARITY.--The term ''dialing parity'' means that a person that is not an affiliate of a local exchange carrier is able to provide telecommunications services in such a manner that customers have the ability to route automatically, without the use of any access code, their telecommunications to the telecommunications services provider of the customer's designation from among 2 or more telecommunications services providers (including such local exchange carrier).
(16) EXCHANGE ACCESS.--The term ''exchange access'' means the offering of access to telephone exchange services or facilities for the purpose of the origination or termination of telephone toll services.
(17) FOREIGN COMMUNICATION.--The term ''foreign communication'' or ''foreign transmission'' means communication or transmission from or to any place in the United States to or from a foreign country, or between a station in the United States and a mobile station located outside the United States.
(18) GREAT LAKES AGREEMENT.--The term ''Great Lakes Agreement'' means the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio in force and the regulations referred to therein.
(19) HARBOR.--The term ''harbor'' or ''port'' means any place to which ships may resort for shelter or to load or unload passengers or goods, or to obtain fuel, water, or supplies. This term shall apply to such places whether proclaimed public or not and whether natural or artifical.
(20) INFORMATION SERVICE.--The term ''information service'' means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.
(21) INTERLATA SERVICE.--The term ''interLATA service'' means telecommunications between a point located in a local access and transport area and a point located outside such area.
(22) INTERSTATE COMMUNICATION.--The term ''interstate communication'' or ''interstate transmission'' means communication or transmission (A) from any State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, to any other State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, (B) from or to the United States to or from the Canal Zone, insofar as such communication or transmission takes place within the United States, or (C) between points within the United States but through a foreign country; but shall not, with respect to the provisions of title II of this Act (other than section 223 thereof), include wire or radio communication between points in the same State, Territory, or possession of the United States, or the District of Columbia, through any place outside thereof, if such communication is regulated by a State commission.
(23) LAND STATION.--The term ''land station'' means a station, other than a mobile station, used for radio communication with mobile stations.
(24) LICENSEE.--The term ''licensee'' means the holder of a radio station license granted or continued in force under authority of this Act.
(25) LOCAL ACCESS AND TRANSPORT AREA.--The term ''local access and transport area'' 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 statistical area, or State,
except as expressly permitted under the AT&T Consent Decree; or
(B) established or modified by a Bell operating
company after such date of enactment and approved by the Commission.
(26) LOCAL EXCHANGE CARRIER.--The term ''local exchange carrier'' means any person that is engaged in the provision of telephone exchange service or exchange access. Such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under section 332(c), except to the extent that the Commission finds that such service should be included in the definition of such term.
(27) MOBILE SERVICE.--The term ''mobile service'' means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes
(A) both one-way and two-way radio communication services,
(B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and
(C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled ''Amendment to the Commission's Rules to Establish New Personal Communications Services'' (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.
(28) MOBILE STATION.--The term ''mobile station'' means a radio-communication station capable of being moved and which ordinarily does move.
(29) NETWORK ELEMENT.--The term ''network element'' means a facility or equipment used in the provision of a telecommunications service. Such term also includes features, functions, and capabilities that are provided by means of such facility or equipment, including subscriber numbers, databases, signaling systems, and information sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service.
(30) NUMBER PORTABILITY.--The term ''number portability'' means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another.
(A) OPERATOR.--The term ''operator''
on a ship of the United States means, for the 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 this Act, a person holding a certificate
as such of the proper class complying with the provision of 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 of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.
(A) RADIO OFFICER.--The term ''radio officer'' on a ship
of the United States means, 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 United States, 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 of
this Act, a person holding at least a first or second class radiotelegraph
operator's certificate complying with the provisions of the radio regulations
annexed to the International Telecommunication Convention in force.
(35) RADIO STATION.--The term ''radio station'' or ''station'' means a station equipped to engage in radio communication or radio transmission of energy.
(36) RADIOTELEGRAPH AUTO ALARM.--The term ''radiotelegraph auto alarm'' on a ship of the United States subject to the provisions of part II of title III of this Act means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the Commission. ''Radiotelegraph auto alarm'' on a foreign ship means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the government of the country in which the ship is registered : 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 a radiotelegraph auto alarm as complying with part II of title III of this Act, on a foreign ship subject 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 for such apparatus.
(37) RURAL TELEPHONE COMPANY.--The term ''rural telephone company'' means a local exchange carrier operating entity to the extent that such entity--
(A) provides common carrier service to any local exchange carrier study area that does not include either--
(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.
(A) SHIP.--The term ''ship'' or ''vessel'' includes every
description of watercraft or other artificial contrivance, except aircraft,
used or capable of being used as a means of transportation on water, whether
or not it is actually afloat.
(B) A ship shall be considered a passenger ship
if it carries or is licensed or certificated to carry more than twelve
passengers.
(C) A cargo ship means any ship not a passenger
ship.
(D) A passenger is any person carried on board a
ship or vessel except (1) the officers and crew actually employed to man
and operate the ship, (2) persons employed to carry on the business of
the ship, and (3) persons on board a ship when they are carried, either
because of the obligation laid upon the master to carry shipwrecked, distressed,
or other persons in like or similar situations or by reason of any circumstance
over which neither the master, the owner, nor the charterer (if any) has
control.
(E) ''Nuclear ship'' means a ship provided with
a nuclear powerplant.
(40) STATE.--The term ''State'' includes the District of Columbia and the Territories and possessions.
(41) STATE COMMISSION.--The term ''State commission'' means the commission, board, or official (by whatever name designated) which under the laws of any State has regulatory jurisdiction with respect to intrastate operations of carriers.
(42) STATION LICENSE.--The term ''station license,'' ''radio station license,'' or ''license'' means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act, for the use or operation of apparatus for transmission of energy, or communications, or signals by radio by whatever name the instrument may be designated by the Commission.
(43) TELECOMMUNICATIONS.--The term ''telecommunications'' means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
(44) TELECOMMUNICATIONS CARRIER.--The term ''telecommunications carrier'' means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in section 226). A telecommunications carrier shall be treated as a common carrier under this Act only to the extent that it is engaged in providing telecommunications services, except that the Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage.
(45) TELECOMMUNICATIONS EQUIPMENT.--The term ''telecommunications equipment'' means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).
(46) TELECOMMUNICATIONS SERVICE.--The term ''telecommunications service'' means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
(47) TELEPHONE EXCHANGE SERVICE.--The term ''telephone exchange service'' means (A) service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge, or (B) comparable service provided through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a telecommunications service.
(48) TELEPHONE TOLL SERVICE.--The term ''telephone toll service'' means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service.
(49) TRANSMISSION OF ENERGY BY RADIO.--The term ''transmission of energy by radio'' or ''radio transmission of energy'' includes both such transmission and all instrumentalities, facilities, and services incidental to such transmission.
(50) UNITED STATES.--The term ''United States'' means the several States and Territories, the District of Columbia, and the possessions of the United States, but does not include the Canal Zone.
(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 such transmission, including all instrumentalities, facilities,
apparatus, and services (among other things, the receipt, forwarding, and
delivery of communications) incidental to such transmission.
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