|
U.S. Code as of:
01/19/04
Section 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
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, or shall 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 a certificate 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 within a
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
title: 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 this section. No carrier shall discontinue, reduce,
or impair service to a community, or part of a community, unless
and until there shall first have been obtained from the Commission
a certificate that neither the present nor future public
convenience and necessity 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 this
section. As used in this section the term "line" means any channel
of communication established by the use of appropriate equipment,
other than a channel of communication established by the
interconnection of two or more existing 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 of service provided.
(b) Notification of Secretary of Defense, Secretary of State, and
State Governor
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 to such applications
involving service to foreign points), and the Governor of each
State 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) Approval or disapproval; injunction
The Commission shall have power to issue such certificate as
applied for, or 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 and
conditions 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 the
construction, 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 the provisions 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 affected, or any party in interest.
(d) Order of Commission; hearing; penalty
The Commission may, after full opportunity for hearing, in a
proceeding upon complaint or upon its own initiative without
complaint, authorize or require by order any carrier, party to such
proceeding, to provide itself with adequate facilities for the
expeditious and efficient performance of its service as a common
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 such provision of facilities, as to such establishment
of public offices, or as to such extension, that it is reasonably
required in the interest of public convenience and necessity, 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 in pursuance of this subsection
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), (3), or (6) shall be eligible to
receive universal service support in accordance with section 254
of this title and shall, throughout the service area for which
the designation is received -
(A) offer the services that are supported by Federal
universal service support mechanisms under section 254(c) of
this title, either using its own facilities or a combination of
its own facilities and resale of another carrier's services
(including the services offered by another eligible
telecommunications carrier); and
(B) advertise the availability of such services and the
charges therefor using media of general distribution.
(2) Designation of eligible telecommunications carriers
A State commission shall upon its own motion or upon request
designate a common 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 an area served by a
rural telephone company, and shall, in the case of all other
areas, 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 the requirements of paragraph (1). Before designating an
additional eligible telecommunications carrier for an area served
by a rural telephone company, the State commission shall find
that the designation is in the public interest.
(3) Designation of eligible telecommunications carriers for
unserved areas
If no common carrier will provide the services that are
supported by Federal universal service support mechanisms under
section 254(c) of this title to an unserved community or any
portion thereof that requests such service, the Commission, with
respect to interstate services or an area served by a common
carrier to which paragraph (6) applies, or a State commission,
with respect to intrastate services, shall determine which common
carrier or carriers are best able to provide such service to the
requesting unserved community or portion thereof and shall order
such carrier 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 shall be designated as an
eligible telecommunications carrier for that community or portion
thereof.
(4) Relinquishment of universal service
A State commission (or the Commission in the case of a common
carrier designated under paragraph (6)) 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 that seeks to relinquish its eligible telecommunications
carrier designation for an area served by more than one eligible
telecommunications carrier shall give advance notice to the State
commission (or the Commission in the case of a common carrier
designated under paragraph (6)) of such relinquishment. Prior to
permitting 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 (or the Commission in the case of a
common carrier designated under paragraph (6)) shall require the
remaining eligible telecommunications carrier or carriers to
ensure that all customers served by the relinquishing carrier
will continue to be served, and shall require sufficient notice
to permit the purchase or construction of adequate facilities by
any remaining eligible telecommunications carrier. The State
commission (or the Commission in the case of a common carrier
designated under paragraph (6)) shall establish a time, not to
exceed one year after the State commission (or the Commission in
the case of a common carrier designated under paragraph (6))
approves such relinquishment under this paragraph, within which
such purchase or construction shall be completed.
(5) "Service area" defined
The term "service area" means a geographic area established by
a State commission (or the Commission under paragraph (6)) for
the purpose of determining universal service obligations and
support mechanisms. In the case of an area served by a rural
telephone company, "service area" means such company's "study
area" unless and until the Commission and the States, after
taking into account recommendations of a Federal-State Joint
Board instituted under section 410(c) of this title, establish a
different definition of service area for such company.
(6) Common carriers not subject to State commission jurisdiction
In the case of a common carrier providing telephone exchange
service and exchange access that is not subject to the
jurisdiction of a State commission, the Commission shall upon
request designate such a common carrier that meets the
requirements of paragraph (1) as an eligible telecommunications
carrier for a service area designated by the Commission
consistent with applicable Federal and State law. Upon request
and consistent with the public interest, convenience and
necessity, the Commission may, with respect to an area served by
a rural telephone company, and shall, in the case of all other
areas, designate more than one common carrier as an eligible
telecommunications carrier for a service area designated under
this paragraph, so long as each additional requesting carrier
meets the requirements of paragraph (1). Before designating an
additional eligible telecommunications carrier for an area served
by a rural telephone company, the Commission shall find that the
designation is in the public interest.
|
|