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Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 153
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01/19/04 Sec. 153. Definitions
For the purposes of this chapter, 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: Bell Telephone
Company of Nevada, Illinois Bell Telephone Company, Indiana
Bell Telephone Company, Incorporated, Michigan Bell Telephone
Company, New England Telephone and Telegraph Company, New
Jersey Bell Telephone Company, New York Telephone Company, U S
West Communications Company, South Central Bell Telephone
Company, Southern Bell Telephone and Telegraph Company,
Southwestern Bell Telephone Company, The Bell Telephone Company
of Pennsylvania, The Chesapeake and Potomac Telephone Company,
The Chesapeake and Potomac Telephone Company of Maryland, The
Chesapeake and Potomac Telephone Company of Virginia, The
Chesapeake and Potomac Telephone Company of West Virginia, The
Diamond State Telephone Company, The Ohio Bell Telephone
Company, The Pacific Telephone and Telegraph Company, or
Wisconsin Telephone Company; and
(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 equipment 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 522 of this title.
(8) Cable system
The term "cable system" has the meaning given such term in
section 522 of this title.
(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 interstate or foreign radio
transmission of energy, except where reference is made to common
carriers not subject to this chapter; 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 152(b) of this title.
(12) Construction permit
The term "construction permit" or "permit for construction"
means that instrument of authorization required by this chapter
or the rules and regulations of the Commission made pursuant to
this chapter 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
artificial.
(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 subchapter II of this chapter (other than section
223 of this title), 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 chapter.
(25) Local access and transport area
The term "local access and transport area" or "LATA" means a
contiguous geographic area -
(A) established before February 8, 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
February 8, 1996, 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) of this title, 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.
(31) Operator
(A) The term "operator" on a ship of the United States means,
for the purpose of parts II and III of subchapter III of this
chapter, 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 subchapter III of this chapter, a person holding a
certificate as such of the proper class complying with the
provisions of the radio regulations annexed to the International
Telecommunication Convention in force, or complying 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.
(34) Radio officer
(A) The term "radio officer" on a ship of the United States
means, for the purpose of part II of subchapter III of this
chapter, a person holding at least a first or second class
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 chapter 71 of title 46.
(B) "Radio officer" on a foreign ship means, for the purpose of
part II of subchapter III of this chapter, 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 subchapter III of
this chapter 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:
Provided, 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 chapter 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 subchapter III of this
chapter, on a foreign ship subject to part II of subchapter III
of this chapter, where the country in which the ship is
registered and the United States are not parties to the same
treaty, convention, or agreement 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 -
(i) any incorporated place of 10,000 inhabitants or more,
or any part thereof, based on the most recently available
population statistics of the Bureau of the Census; or
(ii) any territory, incorporated or unincorporated,
included in an urbanized area, as defined by the Bureau of
the Census as of August 10, 1993;
(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 February 8, 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.
(39) Ship
(A) 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
chapter or the rules and regulations of the Commission made
pursuant to this chapter, 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 of this title). A telecommunications carrier shall be
treated as a common carrier under this chapter 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) Television service
(A) Analog television service
The term "analog television service" means television service
provided pursuant to the transmission standards prescribed by
the Commission in section 73.682(a) of its regulations (47
C.F.R. 73.682(a)).
(B) Digital television service
The term "digital television service" means television
service provided pursuant to the transmission standards
prescribed by the Commission in section 73.682(d) of its
regulations (47 C.F.R. 73.682(d)).
(50) 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.
(51) 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.
(52) 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.
AMENDMENTS
1997 - Pars. (49) to (52). Pub. L. 105-33 added par. (49) and
redesignated former pars. (49) to (51) as (50) to (52),
respectively.
1996 - Pub. L. 104-104, Sec. 3(a)(2), (c)(4)-(8), redesignated
subsecs. (a) to (ff) as pars. (1) to (32), respectively, realigned
margins, inserted headings and words "The term", changed
capitalization, added pars. (33) to (51), reordered pars. in
alphabetical order based on headings of pars. and renumbered pars.
as so reordered.
Subsecs. (e), (n). Pub. L. 104-104, Sec. 3(c)(1), redesignated
clauses (1) to (3) as (A) to (C), respectively.
Subsec. (r). Pub. L. 104-104, Sec. 3(a)(1), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (w). Pub. L. 104-104, Sec. 3(c)(2), redesignated pars.
(1) to (5) as subpars. (A) to (E), respectively.
Subsecs. (y), (z). Pub. L. 104-104, Sec. 3(c)(3), redesignated
pars. (1) and (2) as subpars. (A) and (B), respectively.
1993 - Subsec. (n). Pub. L. 103-66, Sec. 6002(b)(2)(B)(ii)(I),
inserted cl. (1) designation and added cls. (2) and (3).
Subsec. (gg). Pub. L. 103-66, Sec. 6002(b)(2)(B)(ii)(II), struck
out subsec. (gg) which read as follows: " 'Private land mobile
service' means 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."
1982 - Subsec. (n). Pub. L. 97-259, Sec. 120(b)(2), substituted
"a radio" for "the radio", inserted "or receivers" after "between
mobile stations", and inserted provision that "mobile service"
includes both one-way and two-way radio communication services.
Subsec. (gg). Pub. L. 97-259, Sec. 120(b)(1), added subsec. (gg).
1968 - Subsec. (e). Pub. L. 90-299 inserted "(other than section
223 of this title)" after "subchapter II of this chapter".
1965 - Subsec. (w)(5). Pub. L. 89-121, Sec. 1(1), added par. (5).
Subsec. (x). Pub. L. 89-121, Sec. 1(2), among other changes,
substituted "radiotelegraph auto alarm" for "auto-alarm" wherever
appearing, "receiving apparatus which responds to the
radiotelegraph alarm signal" for "receiver" in two places, and
"country in which the ship is registered" for "country to which the
ship belongs" and for "country of origin".
Subsec. (y). Pub. L. 89-121, Sec. 1(3), struck out "qualified
operator" from pars. (1) and (2), and substituted "country in which
the ship is registered" for "country to which the ship belongs".
Subsec. (z). Pub. L. 89-121, Sec. 1(4)(D), (E), added subsec. (z)
and redesignated former subsec. (z) as (aa).
Subsec. (aa). Pub. L. 89-121, Sec. 1(4)(A), (D), redesignated
former subsec. (z) as (aa) and former subsec. (aa) as (bb).
Subsecs. (bb) to (dd). Pub. L. 89-121, Sec. 1(4)(A), redesignated
former subsecs. (aa) to (cc) as (bb) to (dd) and former subsec.
(dd) as (ee).
Subsec. (ee). Pub. L. 89-121, Sec. 1(4)(A), (B), redesignated
former subsec. (dd) as (ee), and repealed former subsec. (ee) which
defined "existing installation".
Subsecs. (ff), (gg). Pub. L. 89-121, Sec. 1(4)(B), (C),
redesignated subsec. (gg) as (ff) and repealed former subsec. (ff)
which defined "new installation".
1956 - Subsec. (y)(2). Act Aug. 6, 1956, substituted "parts II
and III of subchapter III of this chapter" for "part II of
subchapter III of this chapter".
1954 - Subsec. (e). Act Apr. 27, 1954, Sec. 2, obviated any
possible construction that the Commission is empowered to assert
common-carrier jurisdiction over point-to-point communication by
radio between two points within a single State when the only
possible claim that such an operation constitutes an interstate
communication rests on the fact that the signal may traverse the
territory of another State.
Subsec. (u). Act Apr. 27, 1954, Sec. 3, inserted reference to
clauses (3) and (4) of section 152(b) of this title.
Subsecs. (ee), (ff). Act Aug. 13, 1954, ch. 729, added subsecs.
(ee) and (ff).
Subsec. (gg), "Great Lakes Agreement". Act Aug. 13, 1954, ch.
735, added another subsec. (ee) which for purposes of codification
was designated subsec. (gg).
1952 - Subsecs. (bb) to (dd). Act July 16, 1952, added subsecs.
(bb) to (dd).
1937 - Subsecs. (w) to (aa). Act May 20, 1937, added subsecs. (w)
to (aa).
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act Aug. 6, 1956, effective Mar. 1, 1957, see
section 4 of act Aug. 6, 1956, set out as an Effective Date note
under section 381 of this title.
EFFECTIVE DATE OF 1954 AMENDMENT
Amendment by act Aug. 13, 1954, ch. 735, effective Nov. 13, 1954,
see section 6 of act Aug. 13, 1954, set out as an Effective Date
note under section 507 of this title.
EFFECTIVE DATE OF 1952 AMENDMENT
Section 19 of act July 16, 1952, provided that: "This Act
[enacting section 1343 of Title 18, Crimes and Criminal Procedure,
amending this section and sections 154, 155, 307 to 312, 315, 316,
319, 402, 405, 409, and 410 of this title, and enacting provisions
set out as notes under this section and section 609 of this title]
shall take effect on the date of its enactment [July 16, 1952], but
-
"(1) Insofar as the amendments made by this Act to the
Communications Act of 1934 [this chapter] provide for procedural
changes, requirements imposed by such changes shall not be
mandatory as to any agency proceeding (as defined in the
Administrative Procedure Act) [see sections 551 et seq. and 701
et seq. of Title 5, Government Organization and Employees] with
respect to which hearings have been commenced prior to the date
of enactment of this Act [July 16, 1952].
"(2) The amendments made by this Act to section 402 of the
Communications Act of 1934 [section 402 of this title] (relating
to judicial review of orders and decisions of the Commission)
shall not apply with respect to any action or appeal which is
pending before any court on the date of enactment of this Act
[July 16, 1952]."
COMMON TERMINOLOGY
Section 3001(a) of title III of Pub. L. 105-33 provided that:
"Except as otherwise provided in this title [enacting section 337
of this title, amending this section and sections 303, 309, and 923
to 925 of this title, enacting provisions set out as notes under
sections 254, 309, and 925 of this title, and repealing provisions
set out as a note under section 309 of this title], the terms used
in this title have the meanings provided in section 3 of the
Communications Act of 1934 (47 U.S.C. 153), as amended by this
section."
Section 3(b) of Pub. L. 104-104 provided that: "Except as
otherwise provided in this Act [see Short Title of 1996 Amendment
note set out under section 609 of this title], the terms used in
this Act have the meanings provided in section 3 of the
Communications Act of 1934 (47 U.S.C. 153), as amended by this
section."
GREAT LAKES AGREEMENT
The Great Lakes Agreement, referred to in this section, relates
to the bilateral Agreement for the Promotion of Safety on the Great
Lakes by Means of Radio, signed at Ottawa, Canada, Feb. 21, 1952;
entered into force Nov. 13, 1954, 3 UST 4926. A subsequent
agreement for Promotion of Safety on the Great Lakes by Means of
Radio, 1973, was signed at Ottawa, Canada, Feb. 26, 1973, and
entered into force May 16, 1975, 25 UST 935.
SAFETY CONVENTION
The United States was a party to the International Convention for
the Safety of Life at Sea, signed at London May 31, 1929, entered
into force as to the United States, Nov. 7, 1936, 50 Stat. 1121,
1306. For subsequent International Conventions for the Safety of
Life at Sea to which the United States has been a party, see
section 1602 of Title 33, Navigation and Navigable Waters, and
notes thereunder.
Last modified: June 19, 2006
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