47 U.S.C. § 271 — Untitled legal text

Page 112 TITLE 47—TELECOMMUNICATIONS § 271 covered voice communications from one destina- tion to another and that charges any rate to any other entity (including an affiliated entity) for the transmission shall— (1) register with the Commission; and (2) comply with the service quality stand- ards for such transmission to be established by the Commission under subsection (c)(1)(B). (b) Required use of registered intermediate pro- viders A covered provider may not use an inter- mediate provider to transmit covered voice com- munications unless such intermediate provider is registered under subsection (a)(1). (c) Commission rules (1) In general (A) Registry Not later than 180 days after February 26, 2018, the Commission shall promulgate rules to establish a registry to record registra- tions under subsection (a)(1). (B) Service quality standards Not later than 1 year after February 26, 2018, the Commission shall promulgate rules to establish service quality standards for the transmission of covered voice communica- tions by intermediate providers. (2) Requirements In promulgating the rules required by para- graph (1), the Commission shall— (A) ensure the integrity of the trans- mission of covered voice communications to all customers in the United States; and (B) prevent unjust or unreasonable dis- crimination among areas of the United States in the delivery of covered voice com- munications. (d) Public availability of registry The Commission shall make the registry es- tablished under subsection (c)(1)(A) publicly available on the website of the Commission. (e) Scope of application The requirements of this section shall apply regardless of the format by which any commu- nication or service is provided, the protocol or format by which the transmission of such com- munication or service is achieved, or the regu- latory classification of such communication or service. (f) Rule of construction Nothing in this section shall be construed to affect the regulatory classification of any com- munication or service. (g) Effect on other laws Nothing in this section shall be construed to preempt or expand the authority of a State pub- lic utility commission or other relevant State agency to collect data, or investigate and en- force State law and regulations, regarding the completion of intrastate voice communications, regardless of the format by which any commu- nication or service is provided, the protocol or format by which the transmission of such com- munication or service is achieved, or the regu- latory classification of such communication or service. (h) Exception The requirement under subsection (a)(2) to comply with the service quality standards estab- lished under subsection (c)(1)(B) shall not apply to a covered provider that— (1) on or before the date that is 1 year after February 26, 2018, has certified as a Safe Har- bor provider under section 64.2107(a) of title 47, Code of Federal Regulations, or any successor regulation; and (2) continues to meet the requirements under such section 64.2107(a). (i) Definitions In this section: (1) Covered provider The term ‘‘covered provider’’ has the mean- ing given the term in section 64.2101 of title 47, Code of Federal Regulations, or any successor thereto. (2) Covered voice communication The term ‘‘covered voice communication’’ means a voice communication (including any related signaling information) that is gen- erated— (A) from the placement of a call from a connection using a North American Num- bering Plan resource or a call placed to a connection using such a numbering resource; and (B) through any service provided by a cov- ered provider. (3) Intermediate provider The term ‘‘intermediate provider’’ means any entity that— (A) enters into a business arrangement with a covered provider or other inter- mediate provider for the specific purpose of carrying, routing, or transmitting voice traffic that is generated from the placement of a call placed— (i) from an end user connection using a North American Numbering Plan resource; or (ii) to an end user connection using such a numbering resource; and (B) does not itself, either directly or in conjunction with an affiliate, serve as a cov- ered provider in the context of originating or terminating a given call. (June 19, 1934, ch. 652, title II, § 262, as added Pub. L. 115–129, § 2, Feb. 26, 2018, 132 Stat. 329.) PART III—SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES § 271. Bell operating company entry into interLATA services (a) General limitation Neither a Bell operating company, nor any af- filiate of a Bell operating company, may provide interLATA services except as provided in this section. (b) InterLATA services to which this section ap- plies (1) In-region services A Bell operating company, or any affiliate of that Bell operating company, may provide Page 113 TITLE 47—TELECOMMUNICATIONS § 271 1 See References in Text note below. interLATA services originating in any of its in-region States (as defined in subsection (i)) if the Commission approves the application of such company for such State under subsection (d)(3). (2) Out-of-region services A Bell operating company, or any affiliate of that Bell operating company, may provide interLATA services originating outside its in- region States after February 8, 1996, subject to subsection (j). (3) Incidental interLATA services A Bell operating company, or any affiliate of a Bell operating company, may provide inci- dental interLATA services (as defined in sub- section (g)) originating in any State after Feb- ruary 8, 1996. (4) Termination Nothing in this section prohibits a Bell oper- ating company or any of its affiliates from providing termination for interLATA services, subject to subsection (j). (c) Requirements for providing certain in-region interLATA services (1) Agreement or statement A Bell operating company meets the require- ments of this paragraph if it meets the re- quirements of subparagraph (A) or subpara- graph (B) of this paragraph for each State for which the authorization is sought. (A) Presence of a facilities-based competitor A Bell operating company meets the re- quirements of this subparagraph if it has en- tered into one or more binding agreements that have been approved under section 252 of this title specifying the terms and condi- tions under which the Bell operating com- pany is providing access and interconnection to its network facilities for the network fa- cilities of one or more unaffiliated com- peting providers of telephone exchange serv- ice (as defined in section 153(47)(A) 1 of this title, but excluding exchange access) to resi- dential and business subscribers. For the purpose of this subparagraph, such telephone exchange service may be offered by such competing providers either exclusively over their own telephone exchange service facili- ties or predominantly over their own tele- phone exchange service facilities in com- bination with the resale of the telecommuni- cations services of another carrier. For the purpose of this subparagraph, services pro- vided pursuant to subpart K of part 22 of the Commission’s regulations (47 C.F.R. 22.901 et seq.) shall not be considered to be telephone exchange services. (B) Failure to request access A Bell operating company meets the re- quirements of this subparagraph if, after 10 months after February 8, 1996, no such pro- vider has requested the access and inter- connection described in subparagraph (A) be- fore the date which is 3 months before the date the company makes its application under subsection (d)(1), and a statement of the terms and conditions that the company generally offers to provide such access and interconnection has been approved or per- mitted to take effect by the State commis- sion under section 252(f) of this title. For purposes of this subparagraph, a Bell oper- ating company shall be considered not to have received any request for access and interconnection if the State commission of such State certifies that the only provider or providers making such a request have (i) failed to negotiate in good faith as required by section 252 of this title, or (ii) violated the terms of an agreement approved under section 252 of this title by the provider’s fail- ure to comply, within a reasonable period of time, with the implementation schedule con- tained in such agreement. (2) Specific interconnection requirements (A) Agreement required A Bell operating company meets the re- quirements of this paragraph if, within the State for which the authorization is sought— (i)(I) such company is providing access and interconnection pursuant to one or more agreements described in paragraph (1)(A), or (II) such company is generally offering access and interconnection pursuant to a statement described in paragraph (1)(B), and (ii) such access and interconnection meets the requirements of subparagraph (B) of this paragraph. (B) Competitive checklist Access or interconnection provided or gen- erally offered by a Bell operating company to other telecommunications carriers meets the requirements of this subparagraph if such access and interconnection includes each of the following: (i) Interconnection in accordance with the requirements of sections 251(c)(2) and 252(d)(1) of this title. (ii) Nondiscriminatory access to network elements in accordance with the require- ments of sections 251(c)(3) and 252(d)(1) of this title. (iii) Nondiscriminatory access to the poles, ducts, conduits, and rights-of-way owned or controlled by the Bell operating company at just and reasonable rates in accordance with the requirements of sec- tion 224 of this title. (iv) Local loop transmission from the central office to the customer’s premises, unbundled from local switching or other services. (v) Local transport from the trunk side of a wireline local exchange carrier switch unbundled from switching or other serv- ices. (vi) Local switching unbundled from transport, local loop transmission, or other services. (vii) Nondiscriminatory access to— (I) 911 and E911 services; Page 114 TITLE 47—TELECOMMUNICATIONS § 271 (II) directory assistance services to allow the other carrier’s customers to obtain telephone numbers; and (III) operator call completion services. (viii) White pages directory listings for customers of the other carrier’s telephone exchange service. (ix) Until the date by which tele- communications numbering administra- tion guidelines, plan, or rules are estab- lished, nondiscriminatory access to tele- phone numbers for assignment to the other carrier’s telephone exchange service cus- tomers. After that date, compliance with such guidelines, plan, or rules. (x) Nondiscriminatory access to data- bases and associated signaling necessary for call routing and completion. (xi) Until the date by which the Commis- sion issues regulations pursuant to section 251 of this title to require number port- ability, interim telecommunications num- ber portability through remote call for- warding, direct inward dialing trunks, or other comparable arrangements, with as little impairment of functioning, quality, reliability, and convenience as possible. After that date, full compliance with such regulations. (xii) Nondiscriminatory access to such services or information as are necessary to allow the requesting carrier to implement local dialing parity in accordance with the requirements of section 251(b)(3) of this title. (xiii) Reciprocal compensation arrange- ments in accordance with the require- ments of section 252(d)(2) of this title. (xiv) Telecommunications services are available for resale in accordance with the requirements of sections 251(c)(4) and 252(d)(3) of this title. (d) Administrative provisions (1) Application to Commission On and after February 8, 1996, a Bell oper- ating company or its affiliate may apply to the Commission for authorization to provide interLATA services originating in any in-re- gion State. The application shall identify each State for which the authorization is sought. (2) Consultation (A) Consultation with the Attorney General The Commission shall notify the Attorney General promptly of any application under paragraph (1). Before making any determina- tion under this subsection, the Commission shall consult with the Attorney General, and if the Attorney General submits any com- ments in writing, such comments shall be included in the record of the Commission’s decision. In consulting with and submitting comments to the Commission under this paragraph, the Attorney General shall pro- vide to the Commission an evaluation of the application using any standard the Attorney General considers appropriate. The Commis- sion shall give substantial weight to the At- torney General’s evaluation, but such eval- uation shall not have any preclusive effect on any Commission decision under para- graph (3). (B) Consultation with State commissions Before making any determination under this subsection, the Commission shall con- sult with the State commission of any State that is the subject of the application in order to verify the compliance of the Bell operating company with the requirements of subsection (c). (3) Determination Not later than 90 days after receiving an ap- plication under paragraph (1), the Commission shall issue a written determination approving or denying the authorization requested in the application for each State. The Commission shall not approve the authorization requested in an application submitted under paragraph (1) unless it finds that— (A) the petitioning Bell operating com- pany has met the requirements of subsection (c)(1) and— (i) with respect to access and inter- connection provided pursuant to sub- section (c)(1)(A), has fully implemented the competitive checklist in subsection (c)(2)(B); or (ii) with respect to access and inter- connection generally offered pursuant to a statement under subsection (c)(1)(B), such statement offers all of the items included in the competitive checklist in subsection (c)(2)(B); (B) the requested authorization will be carried out in accordance with the require- ments of section 272 of this title; and (C) the requested authorization is con- sistent with the public interest, conven- ience, and necessity. The Commission shall state the basis for its approval or denial of the application. (4) Limitation on Commission The Commission may not, by rule or other- wise, limit or extend the terms used in the competitive checklist set forth in subsection (c)(2)(B). (5) Publication Not later than 10 days after issuing a deter- mination under paragraph (3), the Commission shall publish in the Federal Register a brief description of the determination. (6) Enforcement of conditions (A) Commission authority If at any time after the approval of an ap- plication under paragraph (3), the Commis- sion determines that a Bell operating com- pany has ceased to meet any of the condi- tions required for such approval, the Com- mission may, after notice and opportunity for a hearing— (i) issue an order to such company to correct the deficiency; (ii) impose a penalty on such company pursuant to subchapter V; or (iii) suspend or revoke such approval. (B) Receipt and review of complaints The Commission shall establish procedures for the review of complaints concerning fail- Page 115 TITLE 47—TELECOMMUNICATIONS § 271 ures by Bell operating companies to meet conditions required for approval under para- graph (3). Unless the parties otherwise agree, the Commission shall act on such complaint within 90 days. (e) Limitations (1) Joint marketing of local and long distance services Until a Bell operating company is author- ized pursuant to subsection (d) to provide interLATA services in an in-region State, or until 36 months have passed since February 8, 1996, whichever is earlier, a telecommuni- cations carrier that serves greater than 5 per- cent of the Nation’s presubscribed access lines may not jointly market in such State tele- phone exchange service obtained from such company pursuant to section 251(c)(4) of this title with interLATA services offered by that telecommunications carrier. (2) IntraLATA toll dialing parity (A) Provision required A Bell operating company granted author- ity to provide interLATA services under sub- section (d) shall provide intraLATA toll di- aling parity throughout that State coinci- dent with its exercise of that authority. (B) Limitation Except for single-LATA States and States that have issued an order by December 19, 1995, requiring a Bell operating company to implement intraLATA toll dialing parity, a State may not require a Bell operating com- pany to implement intraLATA toll dialing parity in that State before a Bell operating company has been granted authority under this section to provide interLATA services originating in that State or before 3 years after February 8, 1996, whichever is earlier. Nothing in this subparagraph precludes a State from issuing an order requiring intraLATA toll dialing parity in that State prior to either such date so long as such order does not take effect until after the earlier of either such dates. (f) Exception for previously authorized activities Neither subsection (a) nor section 273 of this title shall prohibit a Bell operating company or affiliate from engaging, at any time after Feb- ruary 8, 1996, in any activity to the extent au- thorized by, and subject to the terms and condi- tions contained in, an order entered by the United States District Court for the District of Columbia pursuant to section VII or VIII(C) of the AT&T Consent Decree if such order was en- tered on or before February 8, 1996, to the extent such order is not reversed or vacated on appeal. Nothing in this subsection shall be construed to limit, or to impose terms or conditions on, an activity in which a Bell operating company is otherwise authorized to engage under any other provision of this section. (g) ‘‘Incidental interLATA services’’ defined For purposes of this section, the term ‘‘inci- dental interLATA services’’ means the interLATA provision by a Bell operating com- pany or its affiliate— (1)(A) of audio programming, video program- ming, or other programming services to sub- scribers to such services of such company or affiliate; (B) of the capability for interaction by such subscribers to select or respond to such audio programming, video programming, or other programming services; (C) to distributors of audio programming or video programming that such company or af- filiate owns or controls, or is licensed by the copyright owner of such programming (or by an assignee of such owner) to distribute; or (D) of alarm monitoring services; (2) of two-way interactive video services or Internet services over dedicated facilities to or for elementary and secondary schools as de- fined in section 254(h)(5) 1 of this title; (3) of commercial mobile services in accord- ance with section 332(c) of this title and with the regulations prescribed by the Commission pursuant to paragraph (8) of such section; (4) of a service that permits a customer that is located in one LATA to retrieve stored in- formation from, or file information for storage in, information storage facilities of such com- pany that are located in another LATA; (5) of signaling information used in connec- tion with the provision of telephone exchange services or exchange access by a local ex- change carrier; or (6) of network control signaling information to, and receipt of such signaling information from, common carriers offering interLATA services at any location within the area in which such Bell operating company provides telephone exchange services or exchange ac- cess. (h) Limitations The provisions of subsection (g) are intended to be narrowly construed. The interLATA serv- ices provided under subparagraph (A), (B), or (C) of subsection (g)(1) are limited to those interLATA transmissions incidental to the pro- vision by a Bell operating company or its affil- iate of video, audio, and other programming services that the company or its affiliate is en- gaged in providing to the public. The Commis- sion shall ensure that the provision of services authorized under subsection (g) by a Bell oper- ating company or its affiliate will not adversely affect telephone exchange service ratepayers or competition in any telecommunications market. (i) Additional definitions As used in this section— (1) In-region State The term ‘‘in-region State’’ means a State in which a Bell operating company or any of its affiliates was authorized to provide wireline telephone exchange service pursuant to the reorganization plan approved under the AT&T Consent Decree, as in effect on the day before February 8, 1996. (2) Audio programming services The term ‘‘audio programming services’’ means programming provided by, or generally considered to be comparable to programming provided by, a radio broadcast station. Page 116 TITLE 47—TELECOMMUNICATIONS § 272 (3) Video programming services; other pro- gramming services The terms ‘‘video programming service’’ and ‘‘other programming services’’ have the same meanings as such terms have under section 522 of this title. (j) Certain service applications treated as in-re- gion service applications For purposes of this section, a Bell operating company application to provide 800 service, pri- vate line service, or their equivalents that— (1) terminate in an in-region State of that Bell operating company, and (2) allow the called party to determine the interLATA carrier, shall be considered an in-region service subject to the requirements of subsection (b)(1). (June 19, 1934, ch. 652, title II, § 271, as added Pub. L. 104–104, title I, § 151(a), Feb. 8, 1996, 110 Stat. 86.) Editorial Notes REFERENCES IN TEXT Section 153 of this title, referred to in subsec. (c)(1)(A), was subsequently amended and no longer con- tains a par. (47)(A). However, the term ‘‘telephone ex- change service’’ is defined elsewhere in that section. Section 254(h)(5) of this title, referred to in subsec. (g)(2), was redesignated section 254(h)(7) of this title by Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(a)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–343. § 272. Separate affiliate; safeguards (a) Separate affiliate required for competitive ac- tivities (1) In general A Bell operating company (including any af- filiate) which is a local exchange carrier that is subject to the requirements of section 251(c) of this title may not provide any service de- scribed in paragraph (2) unless it provides that service through one or more affiliates that— (A) are separate from any operating com- pany entity that is subject to the require- ments of section 251(c) of this title; and (B) meet the requirements of subsection (b). (2) Services for which a separate affiliate is re- quired The services for which a separate affiliate is required by paragraph (1) are: (A) Manufacturing activities (as defined in section 273(h) of this title). (B) Origination of interLATA tele- communications services, other than— (i) incidental interLATA services de- scribed in paragraphs (1), (2), (3), (5), and (6) of section 271(g) of this title; (ii) out-of-region services described in section 271(b)(2) of this title; or (iii) previously authorized activities de- scribed in section 271(f) of this title. (C) InterLATA information services, other than electronic publishing (as defined in sec- tion 274(h) of this title) and alarm moni- toring services (as defined in section 275(e) of this title). (b) Structural and transactional requirements The separate affiliate required by this sec- tion— (1) shall operate independently from the Bell operating company; (2) shall maintain books, records, and ac- counts in the manner prescribed by the Com- mission which shall be separate from the books, records, and accounts maintained by the Bell operating company of which it is an affiliate; (3) shall have separate officers, directors, and employees from the Bell operating com- pany of which it is an affiliate; (4) may not obtain credit under any arrange- ment that would permit a creditor, upon de- fault, to have recourse to the assets of the Bell operating company; and (5) shall conduct all transactions with the Bell operating company of which it is an affil- iate on an arm’s length basis with any such transactions reduced to writing and available for public inspection. (c) Nondiscrimination safeguards In its dealings with its affiliate described in subsection (a), a Bell operating company— (1) may not discriminate between that com- pany or affiliate and any other entity in the provision or procurement of goods, services, facilities, and information, or in the establish- ment of standards; and (2) shall account for all transactions with an affiliate described in subsection (a) in accord- ance with accounting principles designated or approved by the Commission. (d) Biennial audit (1) General requirement A company required to operate a separate affiliate under this section shall obtain and pay for a joint Federal/State audit every 2 years conducted by an independent auditor to determine whether such company has com- plied with this section and the regulations promulgated under this section, and particu- larly whether such company has complied with the separate accounting requirements under subsection (b). (2) Results submitted to Commission; State commissions The auditor described in paragraph (1) shall submit the results of the audit to the Commis- sion and to the State commission of each State in which the company audited provides service, which shall make such results avail- able for public inspection. Any party may sub- mit comments on the final audit report. (3) Access to documents For purposes of conducting audits and re- views under this subsection— (A) the independent auditor, the Commis- sion, and the State commission shall have access to the financial accounts and records of each company and of its affiliates nec- essary to verify transactions conducted with that company that are relevant to the spe- cific activities permitted under this section and that are necessary for the regulation of rates;