Court Opinions
State Laws
|
Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 152
Legal Research Home >
US Lawyer > Telecom > Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 152
01/19/04 Sec. 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, and section 332 of this title, and subject to the
provisions of section 301 of this title and subchapter V-A of this
chapter, 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.
AMENDMENTS
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, Sec. 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, Sec. 3(a)(2), inserted "and
subchapter V-A of this chapter" 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).
EFFECTIVE DATE OF 1989 AMENDMENT
Section 521(3) of Pub. L. 101-166 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]."
EFFECTIVE DATE OF 1984 AMENDMENT
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.
EFFECTIVE DATE OF 1978 AMENDMENT
Section 7 of Pub. L. 95-234 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."
APPLICABILITY OF CONSENT DECREES AND OTHER LAW
Pub. L. 104-104, title VI, Sec. 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."
PREEMPTION OF LOCAL TAXATION WITH RESPECT TO DIRECT-TO-HOME
SERVICES
Pub. L. 104-104, title VI, Sec. 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."
Last modified: June 19, 2006
|
|
