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Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 220
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01/19/04 Sec. 220. Accounts, records, and memoranda
(a) Forms
(1) The Commission may, in its discretion, prescribe the forms of
any and all accounts, records, and memoranda to be kept by carriers
subject to this chapter, including the accounts, records, and
memoranda of the movement of traffic, as well as of the receipts
and expenditures of moneys.
(2) The Commission shall, by rule, prescribe a uniform system of
accounts for use by telephone companies. Such uniform system shall
require that each common carrier shall maintain a system of
accounting methods, procedures, and techniques (including accounts
and supporting records and memoranda) which shall ensure a proper
allocation of all costs to and among telecommunications services,
facilities, and products (and to and among classes of such
services, facilities, and products) which are developed,
manufactured, or offered by such common carrier.
(b) Depreciation charges
The Commission may prescribe, for such carriers as it determines
to be appropriate, the classes of property for which depreciation
charges may be properly included under operating expenses, and the
percentages of depreciation which shall be charged with respect to
each of such classes of property, classifying the carriers as it
may deem proper for this purpose. The Commission may, when it deems
necessary, modify the classes and percentages so prescribed. Such
carriers shall not, after the Commission has prescribed the classes
of property for which depreciation charges may be included, charge
to operating expenses any depreciation charges on classes of
property other than those prescribed by the Commission, or after
the Commission has prescribed percentages of depreciation, charge
with respect to any class of property a percentage of depreciation
other than that prescribed therefor by the Commission. No such
carrier shall in any case include in any form under its operating
or other expenses any depreciation or other charge or expenditure
included elsewhere as a depreciation charge or otherwise under its
operating or other expenses.
(c) Access to information; burden of proof; use of independent
auditors
The Commission shall at all times have access to and the right of
inspection and examination of all accounts, records, and memoranda,
including all documents, papers, and correspondence now or
hereafter existing, and kept or required to be kept by such
carriers, and the provisions of this section respecting the
preservation and destruction of books, papers, and documents shall
apply thereto. The burden of proof to justify every accounting
entry questioned by the Commission shall be on the person making,
authorizing, or requiring such entry and the Commission may suspend
a charge or credit pending submission of proof by such person. Any
provision of law prohibiting the disclosure of the contents of
messages or communications shall not be deemed to prohibit the
disclosure of any matter in accordance with the provisions of this
section. The Commission may obtain the services of any person
licensed to provide public accounting services under the law of any
State to assist with, or conduct, audits under this section. While
so employed or engaged in conducting an audit for the Commission
under this section, any such person shall have the powers granted
the Commission under this subsection and shall be subject to
subsection (f) of this section in the same manner as if that person
were an employee of the Commission.
(d) Penalty for failure to comply
In case of failure or refusal on the part of any such carrier to
keep such accounts, records, and memoranda on the books and in the
manner prescribed by the Commission, or to submit such accounts,
records, memoranda, documents, papers, and correspondence as are
kept to the inspection of the Commission or any of its authorized
agents, such carrier shall forfeit to the United States the sum of
$6,000 for each day of the continuance of each such offense.
(e) False entry; destruction; penalty
Any person who shall willfully make any false entry in the
accounts of any book of accounts or in any record or memoranda kept
by any such carrier, or who shall willfully destroy, mutilate,
alter, or by any other means or device falsify any such account,
record, or memoranda, or who shall willfully neglect or fail to
make full, true, and correct entries in such accounts, records, or
memoranda of all facts and transactions appertaining to the
business of the carrier, shall be deemed guilty of a misdemeanor,
and shall be subject, upon conviction, to a fine of not less than
$1,000 nor more than $5,000 or imprisonment for a term of not less
than one year nor more than three years, or both such fine and
imprisonment: Provided, That the Commission may in its discretion
issue orders specifying such operating, accounting, or financial
papers, records, books, blanks, or documents which may, after a
reasonable time, be destroyed, and prescribing the length of time
such books, papers, or documents shall be preserved.
(f) Confidentiality of information
No member, officer, or employee of the Commission shall divulge
any fact or information which may come to his knowledge during the
course of examination of books or other accounts, as hereinbefore
provided, except insofar as he may be directed by the Commission or
by a court.
(g) Use of other forms; alterations in prescribed forms
After the Commission has prescribed the forms and manner of
keeping of accounts, records, and memoranda to be kept by any
person as herein provided, it shall be unlawful for such person to
keep any other accounts, records, or memoranda than those so
prescribed or such as may be approved by the Commission or to keep
the accounts in any other manner than that prescribed or approved
by the Commission. Notice of alterations by the Commission in the
required manner or form of keeping accounts shall be given to such
persons by the Commission at least six months before the same are
to take effect.
(h) Exemption; regulation by State commission
The Commission may classify carriers subject to this chapter and
prescribe different requirements under this section for different
classes of carriers, and may, if it deems such action consistent
with the public interest, except the carriers of any particular
class or classes in any State from any of the requirements under
this section in cases where such carriers are subject to State
commission regulation with respect to matters to which this section
relates.
(i) Consultation with State commissions
The Commission, before prescribing any requirements as to
accounts, records, or memoranda, shall notify each State commission
having jurisdiction with respect to any carrier involved, and shall
give reasonable opportunity to each such commission to present its
views, and shall receive and consider such views and
recommendations.
(j) Report to Congress on need for further legislation
The Commission shall investigate and report to Congress as to the
need for legislation to define further or harmonize the powers of
the Commission and of State commissions with respect to matters to
which this section relates.
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-104, Sec. 403(d), substituted
"may prescribe, for such carriers as it determines to be
appropriate," for "shall prescribe for such carriers".
Subsec. (c). Pub. L. 104-104, Sec. 403(e), inserted at end "The
Commission may obtain the services of any person licensed to
provide public accounting services under the law of any State to
assist with, or conduct, audits under this section. While so
employed or engaged in conducting an audit for the Commission under
this section, any such person shall have the powers granted the
Commission under this subsection and shall be subject to subsection
(f) of this section in the same manner as if that person were an
employee of the Commission."
1994 - Subsec. (a). Pub. L. 103-414, Sec. 303(a)(7), designated
existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 103-414, Sec. 304(a)(5), struck out ", as
soon as practicable," after "The Commission shall".
Pub. L. 103-414, Sec. 303(a)(8), substituted "classes" for
"clasess" after "prescribed the" in third sentence.
1989 - Subsec. (d). Pub. L. 101-239 substituted "$6,000" for
"$500".
Last modified: June 19, 2006
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