12
* * *.
47 U.S.C. sec. 151 (1991). Included in the FCC's jurisdiction is
"telephone exchange service", defined as
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 * * *.
47 U.S.C. sec. 153(47) (1996).
The phrase "communication service" is not defined in the
Communications Act, but it is used in the paragraphs describing
the purpose of the FCC and the definition of "telephone exchange
service". It is also used in Title II of the Communications Act,
which describes common carriers. Section 201(a) of 47 U.S.C.
makes it
the duty of every common carrier engaged in interstate
or foreign communication by wire or radio to furnish
such communication service upon reasonable request
therefor * * * [Emphasis supplied.]
47 U.S.C. sec. 201(a) (1991). Section 201(b) provides that:
All charges, practices, classifications, and
regulations for and in connection with such
communication service, shall be just and reasonable
* * * [Emphasis supplied.]
47 U.S.C. sec. 201(b) (1991).
When Congress enacted the current Code section 501(c)(12),
it incorporated the term "communication services" into the
statute. Although there is nothing explicitly linking the
definition in section 501(c)(12) to the Communications Act or the
FCC, the FCC has defined what is a communication service, at
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