Laws: Cases and Codes : U.S. Code : Title 47
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U.S. Code as of:
01/19/04
Chapter 5 - Notes
SUBCHAPTER I - GENERAL PROVISIONS
Sec.
151. Purposes of chapter; Federal Communications Commission
created.
152. Application of chapter.
153. Definitions.
154. Federal Communications Commission.
(a) Number of commissioners; appointment.
(b) Qualifications.
(c) Terms of office; vacancies.
(d) Compensation of Commission members.
(e) Principal office; special sessions.
(f) Employees and assistants; compensation of
members of Field Engineering and Monitoring
Bureau; use of amateur volunteers for certain
purposes; commercial radio operator
examinations.
(g) Expenditures.
(h) Quorum; seal.
(i) Duties and powers.
(j) Conduct of proceedings; hearings.
(k) Annual reports to Congress.
(l) Record of reports.
(m) Publication of reports; admissibility as
evidence.
(n) Compensation of appointees.
(o) Use of communications in safety of life and
property.
155. Commission.
(a) Chairman; duties; vacancy.
(b) Organization of staff.
(c) Delegation of functions; exceptions to initial
orders; force, effect and enforcement of
orders; administrative and judicial review;
qualifications and compensation of delegates;
assignment of cases; separation of review and
investigative or prosecuting functions;
secretary; seal.
(d) Meetings.
(e) Managing Director; appointment, functions, pay.
156. Authorization of appropriations.
157. New technologies and services.
158. Application fees.
(a) Assessment and collection.
(b) Review and adjustment of Schedule by
Commission; notification to Congress; judicial
review.
(c) Additional application fee; assessment as
penalty; amount; dismissal of application or
other filing.
(d) Inapplicability of application fees to certain
radio services; waiver or deferment of
payment.
(e) Deposit of moneys in general fund;
reimbursement of United States for
administration of chapter.
(f) Rules and regulations.
(g) Schedule of Application Fees.
159. Regulatory fees.
(a) General authority.
(b) Establishment and adjustment of regulatory
fees.
(c) Enforcement.
(d) Waiver, reduction, and deferment.
(e) Deposit of collections.
(f) Regulations.
(g) Schedule.
(h) Exceptions.
(i) Accounting system.
160. Competition in provision of telecommunications
service.
(a) Regulatory flexibility.
(b) Competitive effect to be weighed.
(c) Petition for forbearance.
(d) Limitation.
(e) State enforcement after Commission forbearance.
161. Regulatory reform.
(a) Biennial review of regulations.
(b) Effect of determination.
SUBCHAPTER II - COMMON CARRIERS
PART I - COMMON CARRIER REGULATION
201. Service and charges.
202. Discriminations and preferences.
(a) Charges, services, etc.
(b) Charges or services included.
(c) Penalty.
203. Schedules of charges.
(a) Filing; public display.
(b) Changes in schedule; discretion of Commission
to modify requirements.
(c) Overcharges and rebates.
(d) Rejection or refusal.
(e) Penalty for violations.
204. Hearings on new charges; suspension pending hearing;
refunds; duration of hearing; appeal of order
concluding hearing.
205. Commission authorized to prescribe just and reasonable
charges; penalties for violations.
206. Carriers' liability for damages.
207. Recovery of damages.
208. Complaints to Commission; investigations; duration of
investigation; appeal of order concluding
investigation.
209. Orders for payment of money.
210. Franks and passes; free service to governmental
agencies in connection with national defense.
211. Contracts of carriers; filing with Commission.
212. Interlocking directorates; officials dealing in
securities.
213. Valuation of property of carrier.
(a) Hearing.
(b) Inventory.
(c) Original cost.
(d) Easement, license or franchise.
(e) Improvements; changes in condition.
(f) Additional information; access to records and
data.
(g) State commissions.
214. Extension of lines or discontinuance of service;
certificate of public convenience and necessity.
(a) Exceptions; temporary or emergency service or
discontinuance of service; changes in plant,
operation or equipment.
(b) Notification of Secretary of Defense, Secretary
of State, and State Governor.
(c) Approval or disapproval; injunction.
(d) Order of Commission; hearing; penalty.
(e) Provision of universal service.
215. Examination of transactions relating to furnishing of
services, equipment, etc.; reports to Congress.
(a) Access to records and documents.
(b) Wire telephone and telegraph services.
(c) Exclusive dealing contracts.
216. Receivers and trustees; application of chapter.
217. Agents' acts and omissions; liability of carrier.
218. Management of business; inquiries by Commission.
219. Reports by carriers; contents and requirements
generally.
220. Accounts, records, and memoranda.
(a) Forms.
(b) Depreciation charges.
(c) Access to information; burden of proof; use of
independent auditors.
(d) Penalty for failure to comply.
(e) False entry; destruction; penalty.
(f) Confidentiality of information.
(g) Use of other forms; alterations in prescribed
forms.
(h) Exemption; regulation by State commission.
(i) Consultation with State commissions.
(j) Report to Congress on need for further
legislation.
221. Consolidations and mergers of telephone companies.
(a) Repealed.
(b) State jurisdiction over services.
(c) Determination of property used in interstate
toll service.
(d) Valuation of property.
222. Privacy of customer information.
(a) In general.
(b) Confidentiality of carrier information.
(c) Confidentiality of customer proprietary network
information.
(d) Exceptions.
(e) Subscriber list information.
(f) Authority to use wireless location information.
(g) Subscriber listed and unlisted information for
emergency services.
(h) Definitions.
223. Obscene or harassing telephone calls in the District
of Columbia or in interstate or foreign
communications.
(a) Prohibited acts generally.
(b) Prohibited acts for commercial purposes;
defense to prosecution.
(c) Restriction on access to subscribers by common
carriers; judicial remedies respecting
restrictions.
(d) Sending or displaying offensive material to
persons under 18.
(e) Defenses.
(f) Violations of law required; commercial
entities, nonprofit libraries, or institutions
of higher education.
(g) Application and enforcement of other Federal
law.
(h) Definitions.
224. Pole attachments.
(a) Definitions.
(b) Authority of Commission to regulate rates,
terms, and conditions; enforcement powers;
promulgation of regulations.
(c) State regulatory authority over rates, terms,
and conditions; preemption; certification;
circumstances constituting State regulation.
(d) Determination of just and reasonable rates;
"usable space" defined.
(e) Regulations governing charges; apportionment of
costs of providing space.
(f) Nondiscriminatory access.
(g) Imputation to costs of pole attachment rate.
(h) Modification or alteration of pole, duct,
conduit, or right-of-way.
(i) Costs of rearranging or replacing attachment.
225. Telecommunications services for hearing-impaired and
speech-impaired individuals.
(a) Definitions.
(b) Availability of telecommunications relay
services.
(c) Provision of services.
(d) Regulations.
(e) Enforcement.
(f) Certification.
(g) Complaint.
226. Telephone operator services.
(a) Definitions.
(b) Requirements for providers of operator
services.
(c) Requirements for aggregators.
(d) General rulemaking required.
(e) Separate rulemaking on access and compensation.
(f) Technological capability of equipment.
(g) Fraud.
(h) Determinations of rate compliance.
(i) Statutory construction.
227. Restrictions on use of telephone equipment.
(a) Definitions.
(b) Restrictions on use of automated telephone
equipment.
(c) Protection of subscriber privacy rights.
(d) Technical and procedural standards.
(e) Effect on State law.
(f) Actions by States.
228. Regulation of carrier offering of pay-per-call
services.
(a) Purpose.
(b) General authority for regulations.
(c) Common carrier obligations.
(d) Billing and collection practices.
(e) Liability.
(f) Special provisions.
(g) Effect on other law.
(h) Effect on dial-a-porn prohibitions.
(i) "Pay-per-call services" defined.
229. Communications Assistance for Law Enforcement Act
compliance.
(a) In general.
(b) Systems security and integrity.
(c) Commission review of compliance.
(d) Penalties.
(e) Cost recovery for Communications Assistance for
Law Enforcement Act compliance.
230. Protection for private blocking and screening of
offensive material.
(a) Findings.
(b) Policy.
(c) Protection for "Good Samaritan" blocking and
screening of offensive material.
(d) Obligations of interactive computer service.
(e) Effect on other laws.
(f) Definitions.
231. Restriction of access by minors to materials
commercially distributed by means of World Wide Web
that are harmful to minors.
(a) Requirement to restrict access.
(b) Inapplicability of carriers and other service
providers.
(c) Affirmative defense.
(d) Privacy protection requirements.
(e) Definitions.
PART II - DEVELOPMENT OF COMPETITIVE MARKETS
251. Interconnection.
(a) General duty of telecommunications carriers.
(b) Obligations of all local exchange carriers.
(c) Additional obligations of incumbent local
exchange carriers.
(d) Implementation.
(e) Numbering administration.
(f) Exemptions, suspensions, and modifications.
(g) Continued enforcement of exchange access and
interconnection requirements.
(h) "Incumbent local exchange carrier" defined.
(i) Savings provision.
252. Procedures for negotiation, arbitration, and approval
of agreements.
(a) Agreements arrived at through negotiation.
(b) Agreements arrived at through compulsory
arbitration.
(c) Standards for arbitration.
(d) Pricing standards.
(e) Approval by State commission.
(f) Statements of generally available terms.
(g) Consolidation of State proceedings.
(h) Filing required.
(i) Availability to other telecommunications
carriers.
(j) "Incumbent local exchange carrier" defined.
253. Removal of barriers to entry.
(a) In general.
(b) State regulatory authority.
(c) State and local government authority.
(d) Preemption.
(e) Commercial mobile service providers.
(f) Rural markets.
254. Universal service.
(a) Procedures to review universal service
requirements.
(b) Universal service principles.
(c) Definition.
(d) Telecommunications carrier contribution.
(e) Universal service support.
(f) State authority.
(g) Interexchange and interstate services.
(h) Telecommunications services for certain
providers.
(i) Consumer protection.
(j) Lifeline assistance.
(k) Subsidy of competitive services prohibited.
(l) Internet safety policy requirement for schools
and libraries.
255. Access by persons with disabilities.
(a) Definitions.
(b) Manufacturing.
(c) Telecommunications services.
(d) Compatibility.
(e) Guidelines.
(f) No additional private rights authorized.
256. Coordination for interconnectivity.
(a) Purpose.
(b) Commission functions.
(c) Commission's authority.
(d) "Public telecommunications network
interconnectivity" defined.
257. Market entry barriers proceeding.
(a) Elimination of barriers.
(b) National policy.
(c) Periodic review.
258. Illegal changes in subscriber carrier selections.
(a) Prohibition.
(b) Liability for charges.
259. Infrastructure sharing.
(a) Regulations required.
(b) Terms and conditions of regulations.
(c) Information concerning deployment of new
services and equipment.
(d) "Qualifying carrier" defined.
260. Provision of telemessaging service.
(a) Nondiscrimination safeguards.
(b) Expedited consideration of complaints.
(c) "Telemessaging service" defined.
261. Effect on other requirements.
(a) Commission regulations.
(b) Existing State regulations.
(c) Additional State requirements.
PART III - SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES
271. Bell operating company entry into interLATA services.
(a) General limitation.
(b) InterLATA services to which this section
applies.
(c) Requirements for providing certain in-region
interLATA services.
(d) Administrative provisions.
(e) Limitations.
(f) Exception for previously authorized activities.
(g) "Incidental interLATA services" defined.
(h) Limitations.
(i) Additional definitions.
(j) Certain service applications treated as
in-region service applications.
272. Separate affiliate; safeguards.
(a) Separate affiliate required for competitive
activities.
(b) Structural and transactional requirements.
(c) Nondiscrimination safeguards.
(d) Biennial audit.
(e) Fulfillment of certain requests.
(f) Sunset.
(g) Joint marketing.
(h) Transition.
273. Manufacturing by Bell operating companies.
(a) Authorization.
(b) Collaboration; research and royalty agreements.
(c) Information requirements.
(d) Manufacturing limitations for standard-setting
organizations.
(e) Bell operating company equipment procurement
and sales.
(f) Administration and enforcement authority.
(g) Additional rules and regulations.
(h) "Manufacturing" defined.
274. Electronic publishing by Bell operating companies.
(a) Limitations.
(b) Separated affiliate or electronic publishing
joint venture requirements.
(c) Joint marketing.
(d) Bell operating company requirement.
(e) Private right of action.
(f) Separated affiliate reporting requirement.
(g) Effective dates.
(h) "Electronic publishing" defined.
(i) Additional definitions.
275. Alarm monitoring services.
(a) Delayed entry into alarm monitoring.
(b) Nondiscrimination.
(c) Expedited consideration of complaints.
(d) Use of data.
(e) "Alarm monitoring service" defined.
276. Provision of payphone service.
(a) Nondiscrimination safeguards.
(b) Regulations.
(c) State preemption.
(d) "Payphone service" defined.
SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
PART I - GENERAL PROVISIONS
301. License for radio communication or transmission of
energy.
302. Repealed.
302a. Devices which interfere with radio reception.
(a) Regulations.
(b) Restrictions.
(c) Exceptions.
(d) Cellular telecommunications receivers.
(e) Delegation of equipment testing and
certification to private laboratories.
(f) State and local enforcement of FCC regulations
on use of citizens band radio equipment.
303. Powers and duties of Commission.
303a. Standards for children's television programming.
(a) Establishment.
(b) Advertising duration limitations.
(c) Review of advertising duration limitations;
modification.
(d) "Commercial television broadcast licensee"
defined.
303b. Consideration of children's television service in
broadcast license renewal.
303c. Television program improvement.
(a) Short title.
(b) Definitions.
(c) Exemption.
(d) Limitations.
304. Waiver by license of claims to particular frequency or
of electromagnetic spectrum.
305. Government owned stations.
(a) Frequencies; compliance with regulations;
stations on vessels.
(b) Call letters.
(c) Stations operated by foreign governments.
306. Foreign ships; application of section 301.
307. Licenses.
(a) Grant.
(b) Allocation of facilities.
(c) Terms of licenses.
(d) Renewals.
(e) Operation of certain radio stations without
individual licenses.
308. Requirements for license.
(a) Writing; exceptions.
(b) Conditions.
(c) Commercial communication.
(d) Summary of complaints.
309. Application for license.
(a) Considerations in granting application.
(b) Time of granting application.
(c) Applications not affected by subsection (b).
(d) Petition to deny application; time; contents;
reply; findings.
(e) Hearings; intervention; evidence; burden of
proof.
(f) Temporary authorization of temporary operations
under subsection (b).
(g) Classification of applications.
(h) Form and conditions of station licenses.
(i) Random selection.
(j) Use of competitive bidding.
(k) Broadcast station renewal procedures.
(l) Applicability of competitive bidding to pending
comparative licensing cases.
310. License ownership restrictions.
(a) Grant to or holding by foreign government or
representative.
(b) Grant to or holding by alien or representative,
foreign corporation, etc.
(c) Authorization for aliens licensed by foreign
governments; multilateral or bilateral
agreement to which United States and foreign
country are parties as prerequisite.
(d) Assignment and transfer of construction permit
or station license.
(e) Administration of regional concentration rules
for broadcast stations.
311. Requirements as to certain applications in
broadcasting service.
(a) Notices of filing and hearing; form and
contents.
(b) Place of hearing.
(c) Agreement between two or more applicants;
approval of Commission; pendency of
application.
(d) License for operation of station; agreement to
withdraw application; approval of Commission.
312. Administrative sanctions.
(a) Revocation of station license or construction
permit.
(b) Cease and desist orders.
(c) Order to show cause.
(d) Burden of proof.
(e) Procedure for issuance of cease and desist
order.
(f) "Willful" and "repeated" defined.
(g) Limitation on silent station authorizations.
312a. Revocation of operator's license used in unlawful
distribution of controlled substances.
313. Application of antitrust laws to manufacture, sale,
and trade in radio apparatus.
(a) Revocation of licenses.
(b) Refusal of licenses and permits.
314. Competition in commerce; preservation.
315. Candidates for public office.
(a) Equal opportunities requirement; censorship
prohibition; allowance of station use; news
appearances exception; public interest; public
issues discussion opportunities.
(b) Charges.
(c) Definitions.
(d) Rules and regulations.
(e) Political record.
316. Modification by Commission of station licenses or
construction permits; burden of proof.
317. Announcement of payment for broadcast.
(a) Disclosure of person furnishing.
(b) Disclosure to station of payments.
(c) Acquiring information from station employees.
(d) Waiver of announcement.
(e) Rules and regulations.
318. Transmitting apparatus; operator's license.
319. Construction permits.
(a) Requirements.
(b) Time limitation; forfeiture.
(c) Licenses for operation.
(d) Government, amateur, or mobile station; waiver.
320. Stations liable to interfere with distress signals;
designation and regulation.
321. Distress signals and communications; equipment on
vessels; regulations.
322. Exchanging radio communications between land and ship
stations and from ship to ship.
323. Interference between Government and commercial
stations.
324. Use of minimum power.
325. False, fraudulent, or unauthorized transmissions.
(a) False distress signals; rebroadcasting
programs.
(b) Consent to retransmission of broadcasting
station signals.
(c) Broadcast to foreign countries for rebroadcast
to United States; permit.
(d) Application for permit.
(e) Enforcement proceedings against satellite
carriers concerning retransmissions of
television broadcast stations in the
respective local markets of such carriers.
326. Censorship.
327. Naval stations; use for commercial messages; rates.
328. Repealed.
329. Administration of radio laws in Territories and
possessions.
330. Prohibition against shipment of certain television
receivers.
331. Very high frequency stations and AM radio stations.
(a) Very high frequency stations.
(b) AM radio stations.
332. Mobile services.
(a) Factors which Commission must consider.
(b) Advisory coordinating committees.
(c) Regulatory treatment of mobile services.
(d) Definitions.
333. Willful or malicious interference.
334. Limitation on revision of equal employment opportunity
regulations.
(a) Limitation.
(b) Midterm review.
(c) Authority to make technical revisions.
335. Direct broadcast satellite service obligations.
(a) Proceeding required to review DBS
responsibilities.
(b) Carriage obligations for noncommercial,
educational, and informational programming.
336. Broadcast spectrum flexibility.
(a) Commission action.
(b) Contents of regulations.
(c) Recovery of license.
(d) Public interest requirement.
(e) Fees.
(f) Preservation of low-power community television
broadcasting.
(g) Evaluation.
(h) Provision of digital data service by low-power
television stations.
(i) Definitions.
337. Allocation and assignment of new public safety
services licenses and commercial licenses.
(a) In general.
(b) Assignment.
(c) Licensing of unused frequencies for public
safety services.
(d) Conditions on licenses.
(e) Removal and relocation of incumbent broadcast
licensees.
(f) Definitions.
338. Carriage of local television signals by satellite
carriers.
(a) Carriage obligations.
(b) Good signal required.
(c) Duplication not required.
(d) Channel positioning.
(e) Compensation for carriage.
(f) Remedies.
(g) Regulations by Commission.
(h) Definitions.
339. Carriage of distant television stations by satellite
carriers.
(a) Provisions relating to carriage of distant
signals.
(b) Extension of network nonduplication, syndicated
exclusivity, and sports blackout to satellite
retransmission.
(c) Eligibility for retransmission.
(d) Definitions.
PART II - RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP
351. Ship radio stations and operations.
352. Exemptions.
(a) Vessels excepted.
(b) Radio station unreasonable or unnecessary.
(c) Unforeseeable equipment failures.
(d) Radio direction finding apparatus unreasonable
or unnecessary.
353. Radio equipment and operators.
(a) Two radio officers required.
(b) One radio officer required.
(c) Required watches.
(d) Hours of watch.
(e) Operational status of auto alarms in open sea.
353a. Operators and watches on radiotelephone equipped
ships.
354. Technical requirements of equipment on radiotelegraph
equipped ships.
354a. Technical requirements of equipment on radiotelephone
equipped ships.
355. Survival craft.
356. Approval of installations by Commission.
357. Safety information.
(a) Transmission of information concerning safety
at sea.
(b) Charges for transmission of safety information.
(c) Reimbursement by Commission.
(d) Charges for transmission of distress messages.
(e) Free services.
358. Master's control over operations.
359. Certificates of compliance; issuance, modification,
and cancellation.
360. Station licenses; inspection of equipment by
Commission.
361. Control by Commission; review of decisions.
362. Forfeitures; recovery.
363. Automated ship distress and safety systems.
PART III - RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS FOR
HIRE
381. Vessels transporting more than six passengers for hire
required to be equipped with radiotelephone.
382. Vessels excepted from radiotelephone requirement.
383. Exemptions by Commission.
384. Authority of Commission; operations, installations,
and additional equipment.
385. Inspections.
386. Forfeitures.
PART IV - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC
TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS;
CORPORATION FOR PUBLIC BROADCASTING; GENERAL PROVISIONS
SUBPART A - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC
TELECOMMUNICATIONS FACILITIES
390. Declaration of purpose.
391. Authorization of appropriations.
392. Grants for construction.
(a) Applications for grants.
(b) Amount of grant.
(c) Information and assurances.
(d) Studies.
(e) Rules and regulations.
(f) Minorities and women.
(g) Recovering funds.
(h) Recordkeeping requirements.
(i) Accessibility of records.
392a. Repealed.
393. Criteria for approval and expenditures by Secretary.
(a) Construction and planning grants.
(b) Basis for determination.
(c) Noncommercial radio broadcast station
facilities.
393a. Long-range planning for facilities.
SUBPART B - NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL
TELEVISION
394. Establishment of National Endowment.
(a) Purpose.
(b) Establishment; contracts and grants.
(c) Criteria for contracts and grants; applications
for contracts and grants.
(d) Amount of grants.
(e) Advisory Council on Children's Educational
Television.
(f) Recordkeeping relating to grants; audits.
(g) Issuance of rules and regulations.
(h) Authorization of appropriations; availability.
(i) Definitions.
SUBPART C - TELECOMMUNICATIONS DEMONSTRATIONS
395. Assistance for demonstration projects.
(a) Authorization for grants and contracts.
(b) Application approval.
(c) Contract with applicant.
(d) Use of funds.
(e) "Nonbroadcast telecommunications facilities"
defined.
(f) Funding.
(g) Summary and evaluation.
(h) Recordkeeping requirements; accessibility.
(i) Rules and regulations.
(j) Assistance.
(k) Authorization of appropriations.
SUBPART D - CORPORATION FOR PUBLIC BROADCASTING
396. Corporation for Public Broadcasting.
(a) Congressional declaration of policy.
(b) Establishment of Corporation; application of
District of Columbia Nonprofit Corporation
Act.
(c) Board of Directors; functions, duties, etc.
(d) Election of Chairman and Vice Chairman;
compensation of Board members.
(e) Officers and employees; term of office,
compensation, qualifications, and removal;
political party affiliation, political test or
qualification when taking personnel actions.
(f) Nonprofit and nonpolitical nature of
Corporation.
(g) Purposes and activities of Corporation; powers
under District of Columbia Nonprofit
Corporation Act.
(h) Free or reduced rate interconnection service;
access to facilities.
(i) Report to Congress.
(j) Repeal, alteration, or amendment.
(k) Financing restrictions.
(l) Financial management and records.
(m) Needs of minorities and other groups.
SUBPART E - GENERAL PROVISIONS
397. Definitions.
398. Federal interference or control.
(a) Prohibition.
(b) Equal opportunity employment.
(c) Control over content or distribution of
programs.
399. Support of political candidates prohibited.
399a. Use of business or institutional logograms.
(a) "Business or institutional logogram" defined.
(b) Permitted uses.
(c) Authority of Commission not limited.
399b. Offering of certain services, facilities, or products
by public broadcast station.
(a) "Advertisement" defined.
(b) Offering of services, facilities, or products
permitted; advertisements prohibited.
(c) Use of funds from offering services, etc.
(d) Development of accounting system.
SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS
401. Enforcement provisions.
(a) Jurisdiction.
(b) Orders of Commission.
(c) Duty to prosecute.
402. Judicial review of Commission's orders and decisions.
(a) Procedure.
(b) Right to appeal.
(c) Filing notice of appeal; contents;
jurisdiction; temporary orders.
(d) Notice to interested parties; filing of record.
(e) Intervention.
(f) Records and briefs.
(g) Time of hearing; procedure.
(h) Remand.
(i) Judgment for costs.
(j) Finality of decision; review by Supreme Court.
403. Inquiry by Commission on its own motion.
404. Reports of investigations.
405. Petition for reconsideration; procedure; disposition;
time of filing; additional evidence; time for
disposition of petition for reconsideration of order
concluding hearing or investigation; appeal of order.
406. Compelling furnishing of facilities; mandamus;
jurisdiction.
407. Order for payment of money; petition for enforcement;
procedure; order of Commission as prima facie
evidence; costs; attorneys' fees.
408. Order not for payment of money; when effective.
409. Hearings.
(a) Filing of initial decisions; exceptions.
(b) Exceptions to initial decisions; memoranda;
determination of Commission or authority
within Commission; prohibition against
consideration of own decision.
(c) Notice and opportunity for participation by
parties; applicability of administrative
procedure provisions.
(d) Applicability of administrative procedure
provisions.
(e) Subpenas; witnesses; production of documents;
fees and mileage.
(f) Designated place of hearing; aid in enforcement
of orders.
(g) Contempts.
(h) Depositions.
(i) Oaths; testimony in writing.
(j) Foreign depositions.
(k) Deposition fees.
(l) Repealed.
(m) Penalties.
410. Joint boards and commissions.
(a) State joint boards; reference of communication
matters; composition; jurisdiction, powers,
duties, and obligations; conduct of
proceedings; force and effect of joint board
action; members: nomination, appointment, and
rejection; allowances for expenses.
(b) State commissions; conferences with Commission
regarding matters of carriers subject to their
jurisdiction; joint hearings; cooperation with
Commission.
(c) Federal-State Joint Board; reference of
proceedings regarding jurisdictional
separation of common carrier property and
expenses between interstate and intrastate
operations and other matters relating to
common carrier communications of joint
concern; jurisdiction, powers, duties, and
obligations; recommendation of decisions;
State members; presence at oral arguments and
nonvoting participation in deliberations;
composition; Chairman.
411. Joinder of parties.
412. Documents filed with Commission as public records;
prima facie evidence; confidential records.
413. Designation of agent for service; method of service.
414. Exclusiveness of chapter.
415. Limitations of actions.
(a) Recovery of charges by carrier.
(b) Recovery of damages.
(c) Recovery of overcharges.
(d) Extension.
(e) Accrual of cause of action for transmission of
message.
(f) Enforcement petition.
(g) "Overcharges" defined.
416. Orders of Commission.
(a) Service.
(b) Suspension or modification.
(c) Compliance.
SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES
501. General penalty.
502. Violation of rules, regulations, etc.
503. Forfeitures.
(a) Rebates and offsets.
(b) Activities constituting violations authorizing
imposition of forfeiture penalty; amount of
penalty; procedures applicable; persons
subject to penalty; liability exemption
period.
504. Forfeitures.
(a) Recovery.
(b) Remission and mitigation.
(c) Use of notice of apparent liability.
505. Venue of trials.
506. Repealed.
507. Violation of Great Lakes Agreement.
508. Disclosure of payments to individuals connected with
broadcasts.
(a) Payments to station employees.
(b) Production or preparation of programs.
(c) Supplying of program or program matter.
(d) Waiver of announcements under section 317(d).
(e) Announcement under section 317 as sufficient
disclosure.
(f) "Service or other valuable consideration"
defined.
(g) Penalties.
509. Prohibited practices in contests of knowledge, skill,
or chance.
(a) Influencing, prearranging, or predetermining
outcome.
(b) "Contest" and "the listening or viewing public"
defined.
(c) Penalties.
510. Forfeiture of communications devices.
(a) Violation with willful and knowing intent.
(b) Seizure.
(c) Laws applicable to seizure and forfeiture.
(d) Disposition of forfeited property.
SUBCHAPTER V-A - CABLE COMMUNICATIONS
PART I - GENERAL PROVISIONS
521. Purposes.
522. Definitions.
PART II - USE OF CABLE CHANNELS AND CABLE OWNERSHIP RESTRICTIONS
531. Cable channels for public, educational, or
governmental use.
(a) Authority to establish requirements with
respect to designation or use of channel
capacity.
(b) Authority to require designation for public,
educational, or governmental use.
(c) Enforcement authority.
(d) Promulgation of rules and procedures.
(e) Editorial control by cable operator.
(f) "Institutional network" defined.
532. Cable channels for commercial use.
(a) Purpose.
(b) Designation of channel capacity for commercial
use.
(c) Use of channel capacity by unaffiliated
persons; editorial control; restriction on
service; rules on rates, terms, and
conditions.
(d) Right of action in district court; relief;
factors not to be considered by court.
(e) Petition to Commission; relief.
(f) Presumption of reasonableness and good faith.
(g) Promulgation of rules.
(h) Cable service unprotected by Constitution.
(i) Programming from qualified minority or
educational programming sources.
(j) Single channel access to indecent programming.
533. Ownership restrictions.
(a) Cable operator holding license for multichannel
distribution or offering satellite service.
(b) Repealed.
(c) Promulgation of rules.
(d) Regulation of ownership by States or
franchising authorities.
(e) Holding of ownership interests or exercise of
editorial control by States or franchising
authorities.
(f) Enhancement of effective competition.
(g) Combination of interests under prior law.
(h) "Media of mass communications" defined.
534. Carriage of local commercial television signals.
(a) Carriage obligations.
(b) Signals required.
(c) Low power station carriage obligation.
(d) Remedies.
(e) Input selector switch rules abolished.
(f) Regulations by Commission.
(g) Sales presentations and program length
commercials.
(h) Definitions.
535. Carriage of noncommercial educational television.
(a) Carriage obligations.
(b) Requirements to carry qualified stations.
(c) Continued carriage of existing stations.
(d) Placement of additional signals.
(e) Systems with more than 36 channels.
(f) Waiver of nonduplication rights.
(g) Conditions of carriage.
(h) Availability of signals.
(i) Payment for carriage prohibited.
(j) Remedies.
(k) Identification of signals.
(l) Definitions.
536. Regulation of carriage agreements.
(a) Regulations.
(b) "Video programming vendor" defined.
537. Sales of cable systems.
PART III - FRANCHISING AND REGULATION
541. General franchise requirements.
(a) Authority to award franchises; public
rights-of-way and easements; equal access to
service; time for provision of service;
assurances.
(b) No cable service without franchise; exception
under prior law.
(c) Status of cable system as common carrier or
utility.
(d) Informational tariffs; regulation by States;
"State" defined.
(e) State regulation of facilities serving
subscribers in multiple dwelling units.
(f) Local or municipal authority as multichannel
video programming distributor.
542. Franchise fees.
(a) Payment under terms of franchise.
(b) Amount of fees per annum.
(c) Itemization of subscriber bills.
(d) Court actions; reflection of costs in rate
structures.
(e) Decreases passed through to subscribers.
(f) Itemization of franchise fee in bill.
(g) "Franchise fee" defined.
(h) Uncompensated services; taxes, fees and other
assessments; limitation on fees.
(i) Regulatory authority of Federal agencies.
543. Regulation of rates.
(a) Competition preference; local and Federal
regulation.
(b) Establishment of basic service tier rate
regulations.
(c) Regulation of unreasonable rates.
(d) Uniform rate structure required.
(e) Discrimination; services for the hearing
impaired.
(f) Negative option billing prohibited.
(g) Collection of information.
(h) Prevention of evasions.
(i) Small system burdens.
(j) Rate regulation agreements.
(k) Reports on average prices.
(l) Definitions.
(m) Special rules for small companies.
(n) Treatment of prior year losses.
544. Regulation of services, facilities, and equipment.
(a) Regulation by franchising authority.
(b) Requests for proposals; establishment and
enforcement of requirements.
(c) Enforcement authority respecting franchises
effective under prior law.
(d) Cable service unprotected by Constitution;
blockage of premium channel upon request.
(e) Technical standards.
(f) Limitation on regulatory powers of Federal
agencies, States, or franchising authorities;
exceptions.
(g) Access to emergency information.
(h) Notice of changes in and comments on services.
(i) Disposition of cable upon termination of
service.
544a. Consumer electronics equipment compatibility.
(a) Findings.
(b) Compatible interfaces.
(c) Rulemaking requirements.
(d) Review of regulations.
545. Modification of franchise obligations.
(a) Grounds for modification by franchising
authority; public proceeding; time of
decision.
(b) Judicial proceedings; grounds for modification
by court.
(c) Rearrangement, replacement, or removal of
service.
(d) Rearrangement of particular services from one
service tier to another or other offering of
service.
(e) Requirements for services relating to public,
educational, or governmental access.
(f) "Commercially impracticable" defined.
546. Renewal.
(a) Commencement of proceedings; public notice and
participation.
(b) Submission of renewal proposals; contents;
time.
(c) Notice of proposal; renewal; preliminary
assessment of nonrenewal; administrative
review; issues; notice and opportunity for
hearing; transcript; written decision.
(d) Basis for denial.
(e) Judicial review; grounds for relief.
(f) Finality of administrative decision.
(g) "Franchise expiration" defined.
(h) Alternative renewal procedures.
(i) Effect of renewal procedures upon action to
revoke franchise for cause.
547. Conditions of sale.
548. Development of competition and diversity in video
programming distribution.
(a) Purpose.
(b) Prohibition.
(c) Regulations required.
(d) Adjudicatory proceeding.
(e) Remedies for violations.
(f) Procedures.
(g) Reports.
(h) Exemptions for prior contracts.
(i) Definitions.
(j) Common carriers.
549. Competitive availability of navigation devices.
(a) Commercial consumer availability of equipment
used to access services provided by
multichannel video programming distributors.
(b) Protection of system security.
(c) Waiver.
(d) Avoidance of redundant regulations.
(e) Sunset.
(f) Commission's authority.
PART IV - MISCELLANEOUS PROVISIONS
551. Protection of subscriber privacy.
(a) Notice to subscriber regarding personally
identifiable information; definitions.
(b) Collection of personally identifiable
information using cable system.
(c) Disclosure of personally identifiable
information.
(d) Subscriber access to information.
(e) Destruction of information.
(f) Civil action in United States district court;
damages; attorney's fees and costs;
nonexclusive nature of remedy.
(g) Regulation by States or franchising
authorities.
(h) Disclosure of information to governmental
entity pursuant to court order.
552. Consumer protection and customer service.
(a) Franchising authority enforcement.
(b) Commission standards.
(c) Subscriber notice.
(d) Consumer protection laws and consumer service
agreements.
553. Unauthorized reception of cable service.
(a) Unauthorized interception or receipt or
assistance in intercepting or receiving
service; "assist in intercepting or receiving"
defined.
(b) Penalties for willful violation.
(c) Civil action in district court; injunctions;
damages; attorney's fees and costs; regulation
by States or franchising authorities.
554. Equal employment opportunity.
(a) Entities within scope of coverage.
(b) Discrimination prohibited.
(c) Equal opportunity programs; establishment;
maintenance; execution; terms.
(d) Revision of rules; required provisions; annual
statistical report; notice and comment on
amendments.
(e) Annual certification of compliance; periodic
investigation of employment practices.
(f) Substantial failure to comply; penalties;
notice to public and franchising authorities.
(g) Discrimination complaints; investigation;
enforcement.
(h) "Cable operator" defined; owners of multiple
unit dwellings.
(i) Regulatory powers of States and franchising
authorities; nonexclusive nature of remedies
and enforcement provisions; covered
franchises.
555. Judicial proceedings.
(a) Actions to review determinations by franchising
authorities.
(b) Available relief.
(c) Review of constitutionality of sections 534 and
535.
555a. Limitation of franchising authority liability.
(a) Suits for damages prohibited.
(b) Exception for completed cases.
(c) Discrimination claims permitted.
(d) Rule of construction.
556. Coordination of Federal, State, and local authority.
(a) Regulation by States, political subdivisions,
State and local agencies, and franchising
authorities.
(b) State jurisdiction with regard to cable
services.
(c) Preemption.
(d) "State" defined.
557. Existing franchises.
558. Criminal and civil liability.
559. Obscene programming.
560. Scrambling of cable channels for nonsubscribers.
(a) Subscriber request.
(b) "Scramble" defined.
561. Scrambling of sexually explicit adult video service
programming.
(a) Requirement.
(b) Implementation.
(c) "Scramble" defined.
PART V - VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES
571. Regulatory treatment of video programming services.
(a) Limitations on cable regulation.
(b) Limitations on interconnection obligations.
(c) Additional regulatory relief.
572. Prohibition on buy outs.
(a) Acquisitions by carriers.
(b) Acquisitions by cable operators.
(c) Joint ventures.
(d) Exceptions.
(e) "Telephone service area" defined.
573. Establishment of open video systems.
(a) Open video systems.
(b) Commission actions.
(c) Reduced regulatory burdens for open video
systems.
(d) "Telephone service area" defined.
SUBCHAPTER VI - MISCELLANEOUS PROVISIONS
601. Interstate Commerce Commission and Postmaster General;
duties, powers, and functions transferred to
Commission.
602, 603. Repealed.
604. Effect of transfer.
(a) Orders, determinations, rules, regulations,
permits, contracts, licenses, and privileges.
(b) Availability of records.
605. Unauthorized publication or use of communications.
(a) Practices prohibited.
(b) Exceptions.
(c) Scrambling of Public Broadcasting Service
programming.
(d) Definitions.
(e) Penalties; civil actions; remedies; attorney's
fees and costs; computation of damages;
regulation by State and local authorities.
(f) Rights, obligations, and liabilities under
other laws unaffected.
(g) Universal encryption standard.
(h) Rulemaking for encryption standard.
606. War powers of President.
(a) Priority communications.
(b) Obstruction of interstate or foreign
communications.
(c) Suspension or amendment of rules and
regulations applicable to certain emission
stations or devices.
(d) Suspension or amendment of rules and
regulations applicable to wire communications;
closing of facilities; Government use of
facilities.
(e) Compensation.
(f) Affect on State laws and powers.
(g) Limitations upon Presidential power.
(h) Penalties.
607. Effective date of chapter.
608. Separability.
609. Short title.
610. Telephone service for disabled.
(a) Establishment of regulations.
(b) Hearing aid compatibility requirements.
(c) Technical standards.
(d) Labeling of packaging materials for equipment.
(e) Costs and benefits; encouragement of use of
currently available technology.
(f) Periodic review of regulations; retrofitting.
(g) Recovery of reasonable and prudent costs.
(h) State enforcement.
611. Closed-captioning of public service announcements.
612. Syndicated exclusivity.
613. Video programming accessibility.
(a) Commission inquiry.
(b) Accountability criteria.
(c) Deadlines for captioning.
(d) Exemptions.
(e) Undue burden.
(f) Video descriptions inquiry.
(g) Video description.
(h) Private rights of actions prohibited.
614. Telecommunications Development Fund.
(a) Purpose of section.
(b) Establishment of Fund.
(c) Board of Directors.
(d) Accounts of Fund.
(e) Use of Fund.
(f) Lending and credit operations.
(g) Return of advances.
(h) General corporate powers.
(i) Accounting, auditing, and reporting.
(j) Report on audits by Treasury.
(k) Definitions.
615. Support for universal emergency telephone number.
615a. Parity of protection for provision or use of wireless
service.
(a) Provider parity.
(b) User parity.
(c) PSAP parity.
(d) Basis for enactment.
615b. Definitions.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 15, 312a, 702, 721, 741,
765, 765b, 921, 923, 925, 926, 1108 of this title; title 7 section
923; title 15 sections 44, 79z-5c, 5625, 5656, 7706; title 17
section 119; title 18 section 2511; title 22 section 1465bb; title
40 section 17708; title 41 sections 43, 356; title 49 section
70117.
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