Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 221

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01/19/04

Sec. 221. Consolidations and mergers of telephone companies

    (a) Repealed. Pub. L. 104-104, title VI, Sec. 601(b)(2), Feb. 8,
      1996, 110 Stat. 143
    (b) State jurisdiction over services
      Subject to the provisions of sections 225 and 301 of this title,
    nothing in this chapter shall be construed to apply, or to give the
    Commission jurisdiction, with respect to charges, classifications,
    practices, services, facilities, or regulations for or in
    connection with wire, mobile, or point-to-point radio telephone
    exchange service, or any combination thereof, even though a portion
    of such exchange service constitutes interstate or foreign
    communication, in any case where such matters are subject to
    regulation by a State commission or by local governmental
    authority.
    (c) Determination of property used in interstate toll service
      For the purpose of administering this chapter as to carriers
    engaged in wire telephone communication, the Commission may
    classify the property of any such carrier used for wire telephone
    communication, and determine what property of said carrier shall be
    considered as used in interstate or foreign telephone toll service.
    Such classification shall be made after hearing, upon notice to the
    carrier, the State commission (or the Governor, if the State has no
    State commission) of any State in which the property of said
    carrier is located, and such other persons as the Commission may
    prescribe.
    (d) Valuation of property
      In making a valuation of the property of any wire telephone
    carrier the Commission, after making the classification authorized
    in this section, may in its discretion value only that part of the
    property of such carrier determined to be used in interstate or
    foreign telephone toll service.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-104 struck out subsec. (a)
    relating to notification of State Governor and State commission,
    public hearing, and certification.
      1990 - Subsec. (b). Pub. L. 101-336 substituted "sections 225 and
    301" for "section 301".
      1956 - Subsec. (a). Act Aug. 2, 1956, inserted provisions
    relating to submission of comments by parties and required a public
    hearing upon request, in lieu of former provisions requiring
    hearing upon application.
      1954 - Subsec. (b). Act Apr. 27, 1954, included mobile or
    point-to-point radio telephone exchange service within exclusions
    provided for in such subsection, where it is subject to regulation
    by a State commission or by local governmental authority, and made
    it clear that the Commission retains its licensing authority over
    the radio stations that might be involved in such service.

Last modified: June 19, 2006