47 U.S.C. § 153 — Definitions

Page 19 TITLE 47—TELECOMMUNICATIONS § 153 imposed by the AT&T Consent Decree shall, on and after such date, be subject to the restrictions and ob- ligations imposed by the Communications Act of 1934 [47 U.S.C. 151 et seq.] as amended by this Act and shall not be subject to the restrictions and the obli- gations imposed by such Consent Decree. ‘‘(2) GTE CONSENT DECREE.—Any conduct or activity that was, before the date of enactment of this Act, subject to any restriction or obligation imposed by the GTE Consent Decree shall, on and after such date, be subject to the restrictions and obligations imposed by the Communications Act of 1934 as amended by this Act and shall not be subject to the restrictions and the obligations imposed by such Con- sent Decree. ‘‘(3) MCCAW CONSENT DECREE.—Any conduct or ac- tivity that was, before the date of enactment of this Act, subject to any restriction or obligation imposed by the McCaw Consent Decree shall, on and after such date, be subject to the restrictions and obliga- tions imposed by the Communications Act of 1934 as amended by this Act and subsection (d) of this sec- tion and shall not be subject to the restrictions and the obligations imposed by such Consent Decree. ‘‘(b) ANTITRUST LAWS.— ‘‘(1) SAVINGS CLAUSE.—Except as provided in para- graphs (2) and (3), nothing in this Act [see Short Title of 1996 Amendment note set out under section 609 of this title] or the amendments made by this Act shall be construed to modify, impair, or supersede the ap- plicability of any of the antitrust laws. ‘‘(2) REPEAL.—[Amended section 221 of this title.] ‘‘(3) CLAYTON ACT.—[Amended section 18 of Title 15, Commerce and Trade.] ‘‘(c) FEDERAL, STATE, AND LOCAL LAW.— ‘‘(1) NO IMPLIED EFFECT.—This Act and the amend- ments made by this Act shall not be construed to modify, impair, or supersede Federal, State, or local law unless expressly so provided in such Act or amendments. ‘‘(2) STATE TAX SAVINGS PROVISION.—Notwith- standing paragraph (1), nothing in this Act or the amendments made by this Act shall be construed to modify, impair, or supersede, or authorize the modi- fication, impairment, or supersession of, any State or local law pertaining to taxation, except as provided in sections 622 and 653(c) of the Communications Act of 1934 [47 U.S.C. 542, 573(c)] and section 602 of this Act [set out as a note below]. ‘‘(d) COMMERCIAL MOBILE SERVICE JOINT MARKETING.— Notwithstanding section 22.903 of the Commission’s regulations (47 C.F.R. 22.903) or any other Commission regulation, a Bell operating company or any other com- pany may, except as provided in sections 271(e)(1) and 272 of the Communications Act of 1934 [47 U.S.C. 271(e)(1), 272] as amended by this Act as they relate to wireline service, jointly market and sell commercial mobile services in conjunction with telephone exchange service, exchange access, intraLATA telecommuni- cations service, interLATA telecommunications serv- ice, and information services. ‘‘(e) DEFINITIONS.—As used in this section: ‘‘(1) AT&T CONSENT DECREE.—The term ‘AT&T Con- sent Decree’ means the order entered August 24, 1982, in the antitrust action styled United States v. West- ern 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. ‘‘(2) GTE CONSENT DECREE.—The term ‘GTE Consent Decree’ means the order entered December 21, 1984, as restated January 11, 1985, in the action styled United States v. GTE Corp., Civil Action No. 83–1298, in the United States District Court for the District of Co- lumbia, and any judgment or order with respect to such action entered on or after December 21, 1984. ‘‘(3) MCCAW CONSENT DECREE.—The term ‘McCaw Consent Decree’ means the proposed consent decree filed on July 15, 1994, in the antitrust action styled United States v. AT&T Corp. and McCaw Cellular Communications, Inc., Civil Action No. 94–01555, in the United States District Court for the District of Columbia. Such term includes any stipulation that the parties will abide by the terms of such proposed consent decree until it is entered and any order en- tering such proposed consent decree. ‘‘(4) ANTITRUST LAWS.—The term ‘antitrust laws’ has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes the Act of June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13 et seq.), commonly known as the Robinson-Patman Act, and section 5 of the Fed- eral Trade Commission Act (15 U.S.C. 45) to the ex- tent that such section 5 applies to unfair methods of competition.’’ PREEMPTION OF LOCAL TAXATION WITH RESPECT TO DIRECT-TO-HOME SERVICES Pub. L. 104–104, title VI, § 602, Feb. 8, 1996, 110 Stat. 144, provided that: ‘‘(a) PREEMPTION.—A provider of direct-to-home sat- ellite service shall be exempt from the collection or re- mittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service. ‘‘(b) DEFINITIONS.—For the purposes of this section— ‘‘(1) DIRECT-TO-HOME SATELLITE SERVICE.—The term ‘direct-to-home satellite service’ means only pro- gramming transmitted or broadcast by satellite di- rectly to the subscribers’ premises without the use of ground receiving or distribution equipment, except at the subscribers’ premises or in the uplink process to the satellite. ‘‘(2) PROVIDER OF DIRECT-TO-HOME SATELLITE SERV- ICE.—For purposes of this section, a ‘provider of di- rect-to-home satellite service’ means a person who transmits, broadcasts, sells, or distributes direct-to- home satellite service. ‘‘(3) LOCAL TAXING JURISDICTION.—The term ‘local taxing jurisdiction’ means any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other local jurisdic- tion in the territorial jurisdiction of the United States with the authority to impose a tax or fee, but does not include a State. ‘‘(4) STATE.—The term ‘State’ means any of the sev- eral States, the District of Columbia, or any territory or possession of the United States. ‘‘(5) TAX OR FEE.—The terms ‘tax’ and ‘fee’ mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction. ‘‘(c) PRESERVATION OF STATE AUTHORITY.—This sec- tion shall not be construed to prevent taxation of a provider of direct-to-home satellite service by a State or to prevent a local taxing jurisdiction from receiving revenue derived from a tax or fee imposed and collected by a State.’’ § 153. Definitions For the purposes of this chapter, unless the context otherwise requires— (1) Advanced communications services The term ‘‘advanced communications serv- ices’’ means— (A) interconnected VoIP service; (B) non-interconnected VoIP service; (C) electronic messaging service; (D) interoperable video conferencing serv- ice; and (E) any audio or video communications service used by inmates for the purpose of communicating with individuals outside the Page 20 TITLE 47—TELECOMMUNICATIONS § 153 correctional institution where the inmate is held, regardless of technology used. (2) 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 equiv- alent thereof) of more than 10 percent. (3) 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. (4) AT&T Consent Decree The term ‘‘AT&T Consent Decree’’ means the order entered August 24, 1982, in the anti- trust 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. (5) 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 Tele- phone Company, Incorporated, Michigan Bell Telephone Company, New England Tele- phone and Telegraph Company, New Jersey Bell Telephone Company, New York Tele- phone 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 Com- pany of Maryland, The Chesapeake and Po- tomac Telephone Company of Virginia, The Chesapeake and Potomac Telephone Com- pany of West Virginia, The Diamond State Telephone Company, The Ohio Bell Tele- phone 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 tele- phone exchange service; but (C) does not include an affiliate of any such company, other than an affiliate de- scribed in subparagraph (A) or (B). (6) Broadcast station The term ‘‘broadcast station’’, ‘‘broad- casting station’’, or ‘‘radio broadcast station’’ means a radio station equipped to engage in broadcasting as herein defined. (7) Broadcasting The term ‘‘broadcasting’’ means the dissemi- nation of radio communications intended to be received by the public, directly or by the intermediary of relay stations. (8) Cable service The term ‘‘cable service’’ has the meaning given such term in section 522 of this title. (9) Cable system The term ‘‘cable system’’ has the meaning given such term in section 522 of this title. (10) Chain broadcasting The term ‘‘chain broadcasting’’ means si- multaneous broadcasting of an identical pro- gram by two or more connected stations. (11) Common carrier The term ‘‘common carrier’’ or ‘‘carrier’’ means any person engaged as a common car- rier for hire, in interstate or foreign commu- nication by wire or radio or interstate or for- eign radio transmission of energy, except where reference is made to common carriers not subject to this chapter; but a person en- gaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a com- mon carrier. (12) Connecting carrier The term ‘‘connecting carrier’’ means a car- rier described in clauses (2), (3), or (4) of sec- tion 152(b) of this title. (13) 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 communica- tions, or signals by radio, by whatever name the instrument may be designated by the Commission. (14) Consumer generated media The term ‘‘consumer generated media’’ means content created and made available by consumers to online websites and services on the Internet, including video, audio, and multimedia content. (15) Corporation The term ‘‘corporation’’ includes any cor- poration, joint-stock company, or association. (16) 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. (17) Dialing parity The term ‘‘dialing parity’’ means that a per- son 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 telecommuni- cations to the telecommunications services provider of the customer’s designation from among 2 or more telecommunications services providers (including such local exchange car- rier). (18) Disability The term ‘‘disability’’ has the meaning given such term under section 12102 of title 42. (19) Electronic messaging service The term ‘‘electronic messaging service’’ means a service that provides real-time or Page 21 TITLE 47—TELECOMMUNICATIONS § 153 near real-time non-voice messages in text form between individuals over communica- tions networks. (20) Exchange access The term ‘‘exchange access’’ means the of- fering of access to telephone exchange services or facilities for the purpose of the origination or termination of telephone toll services. (21) Foreign communication The term ‘‘foreign communication’’ or ‘‘for- eign 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. (22) 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. (23) 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 pub- lic or not and whether natural or artificial. (24) Information service The term ‘‘information service’’ means the offering of a capability for generating, acquir- ing, storing, transforming, processing, retriev- ing, utilizing, or making available information via telecommunications, and includes elec- tronic 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 telecommuni- cations service. (25) Interconnected VoIP service The term ‘‘interconnected VoIP service’’ has the meaning given such term under section 9.3 of title 47, Code of Federal Regulations, as such section may be amended from time to time. (26) InterLATA service The term ‘‘interLATA service’’ means tele- communications between a point located in a local access and transport area and a point lo- cated outside such area. (27) Interoperable video conferencing service The term ‘‘interoperable video conferencing service’’ means a service that provides real- time video communications, including audio, to enable users to share information of the user’s choosing. (28) Interstate communication The term ‘‘interstate communication’’ or ‘‘interstate transmission’’ means communica- tion or transmission (A) from any State, Ter- ritory, 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 sec- tion 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 communica- tion is regulated by a State commission. (29) Land station The term ‘‘land station’’ means a station, other than a mobile station, used for radio communication with mobile stations. (30) Licensee The term ‘‘licensee’’ means the holder of a radio station license granted or continued in force under authority of this chapter. (31) 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 ex- change area includes points within more than 1 metropolitan statistical area, consoli- dated metropolitan statistical area, or State, except as expressly permitted under the AT&T Consent Decree; or (B) established or modified by a Bell oper- ating company after February 8, 1996, and approved by the Commission. (32) Local exchange carrier The term ‘‘local exchange carrier’’ means any person that is engaged in the provision of telephone exchange service or exchange ac- cess. Such term does not include a person in- sofar as such person is engaged in the provi- sion of a commercial mobile service under sec- tion 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. (33) 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, coopera- tive, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of oper- ation, and (C) any service for which a license is required in a personal communications serv- ice established pursuant to the proceeding en- titled ‘‘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. Page 22 TITLE 47—TELECOMMUNICATIONS § 153 (34) Mobile station The term ‘‘mobile station’’ means a radio- communication station capable of being moved and which ordinarily does move. (35) Network element The term ‘‘network element’’ means a facil- ity 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. (36) Non-interconnected VoIP service The term ‘‘non-interconnected VoIP serv- ice’’— (A) means a service that— (i) enables real-time voice communica- tions that originate from or terminate to the user’s location using Internet protocol or any successor protocol; and (ii) requires Internet protocol compat- ible customer premises equipment; and (B) does not include any service that is an interconnected VoIP service. (37) Number portability The term ‘‘number portability’’ means the ability of users of telecommunications serv- ices to retain, at the same location, existing telecommunications numbers without impair- ment of quality, reliability, or convenience when switching from one telecommunications carrier to another. (38) 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 provi- sions 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. (39) Person The term ‘‘person’’ includes an individual, partnership, association, joint-stock company, trust, or corporation. (40) Radio communication The term ‘‘radio communication’’ or ‘‘com- munication by radio’’ means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instru- mentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. (41) 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 radio- telegraph operator’s license as prescribed and issued by the Commission. When such person is employed to operate a radiotelegraph sta- tion aboard a ship of the United States, he is also required to be licensed as a ‘‘radio offi- cer’’ 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 cer- tificate complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force. (42) Radio station The term ‘‘radio station’’ or ‘‘station’’ means a station equipped to engage in radio communication or radio transmission of en- ergy. (43) Radiotelegraph auto alarm The term ‘‘radiotelegraph auto alarm’’ on a ship of the United States subject to the provi- sions of part II of subchapter III of this chap- ter means an automatic alarm receiving appa- ratus 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 re- ceiving apparatus which responds to the radio- telegraph 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, con- vention, or agreement prescribing the require- ments 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. (44) 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 inhab- itants 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 unin- corporated, 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 Page 23 TITLE 47—TELECOMMUNICATIONS § 153 (D) has less than 15 percent of its access lines in communities of more than 50,000 on February 8, 1996. (45) Safety convention The term ‘‘safety convention’’ means the International Convention for the Safety of Life at Sea in force and the regulations re- ferred to therein. (46) Ship (A) The term ‘‘ship’’ or ‘‘vessel’’ includes every description of watercraft or other artifi- cial contrivance, except aircraft, used or capa- ble 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 pas- senger 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 oper- ate 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 be- cause 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 mas- ter, the owner, nor the charterer (if any) has control. (E) ‘‘Nuclear ship’’ means a ship provided with a nuclear powerplant. (47) State The term ‘‘State’’ includes the District of Columbia and the Territories and possessions. (48) 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. (49) 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 en- ergy, or communications, or signals by radio, by whatever name the instrument may be des- ignated by the Commission. (50) Telecommunications The term ‘‘telecommunications’’ means the transmission, between or among points speci- fied by the user, of information of the user’s choosing, without change in the form or con- tent of the information as sent and received. (51) Telecommunications carrier The term ‘‘telecommunications carrier’’ means any provider of telecommunications services, except that such term does not in- clude aggregators of telecommunications serv- ices (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 tele- communications services, except that the Commission shall determine whether the pro- vision of fixed and mobile satellite service shall be treated as common carriage. (52) Telecommunications equipment The term ‘‘telecommunications equipment’’ means equipment, other than customer prem- ises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (includ- ing upgrades). (53) 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. (54) Telephone exchange service The term ‘‘telephone exchange service’’ means (A) service within a telephone ex- change, or within a connected system of tele- phone exchanges within the same exchange area operated to furnish to subscribers inter- communicating service of the character ordi- narily 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. (55) Telephone toll service The term ‘‘telephone toll service’’ means telephone service between stations in different exchange areas for which there is made a sepa- rate charge not included in contracts with subscribers for exchange service. (56) 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)). (57) Transmission of energy by radio The term ‘‘transmission of energy by radio’’ or ‘‘radio transmission of energy’’ includes both such transmission and all instrumental- ities, facilities, and services incidental to such transmission. (58) United States The term ‘‘United States’’ means the several States and Territories, the District of Colum- bia, and the possessions of the United States, but does not include the Canal Zone. (59) Wire communication The term ‘‘wire communication’’ or ‘‘com- munication by wire’’ means the transmission Page 24 TITLE 47—TELECOMMUNICATIONS § 153 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, for- warding, and delivery of communications) in- cidental to such transmission. (June 19, 1934, ch. 652, title I, § 3, 48 Stat. 1065; May 20, 1937, ch. 229, § 2, 50 Stat. 189; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; July 16, 1952, ch. 879, § 2, 66 Stat. 711; Apr. 27, 1954, ch. 175, §§ 2, 3, 68 Stat. 64; Aug. 13, 1954, ch. 729, § 3, 68 Stat. 707; Aug. 13, 1954, ch. 735, § 1, 68 Stat. 729; Aug. 6, 1956, ch. 973, § 3, 70 Stat. 1049; Pub. L. 89–121, § 1, Aug. 13, 1965, 79 Stat. 511; Pub. L. 90–299, § 2, May 3, 1968, 82 Stat. 112; Pub. L. 97–259, title I, § 120(b), Sept. 13, 1982, 96 Stat. 1097; Pub. L. 103–66, title VI, § 6002(b)(2)(B)(ii), Aug. 10, 1993, 107 Stat. 396; Pub. L. 104–104, § 3(a), (c), Feb. 8, 1996, 110 Stat. 58, 61; Pub. L. 105–33, title III, § 3001(b), Aug. 5, 1997, 111 Stat. 258; Pub. L. 111–260, title I, § 101, Oct. 8, 2010, 124 Stat. 2752; Pub. L. 117–338, § 2(b), Jan. 5, 2023, 136 Stat. 6156.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. For definition of Canal Zone, referred to in pars. (28) and (58), see section 3602(b) of Title 22, Foreign Rela- tions and Intercourse. Part II of subchapter III of this chapter, referred to in pars. (38), (41), and (43), is classified to section 351 et seq. of this title. Part III of subchapter III of this chap- ter, referred to in par. (38)(A), is classified to section 381 et seq. of this title. CODIFICATION In par. (41)(A), ‘‘chapter 71 of title 46’’ substituted for ‘‘the Act of May 12, 1948 (46 U.S.C. 229a–h)’’ on author- ity of Pub. L. 98–89, § 2(b), Aug. 26, 1983, 97 Stat. 598, sec- tion 1 of which enacted Title 46, Shipping. References to Philippine Islands in pars. (28) and (58) of this section omitted on authority of Proc. No. 2695, issued pursuant to section 1394 of Title 22, Foreign Re- lations and Intercourse, which proclamation recognized the independence of Philippine Islands as of July 4, 1946. Proc. No. 2695 is set out under section 1394 of Title 22. AMENDMENTS 2023—Par. (1)(E). Pub. L. 117–338 added subpar. (E). 2010—Pub. L. 111–260 added pars. (53) to (59), reordered pars. in alphabetical order based on headings of pars., and renumbered pars. as so reordered, resulting in the renumbering of pars. (1) to (59) as pars. (2) to (13), (15) to (17), (20) to (24), (26), (28) to (35), (37) to (59), (1), (14), (18), (19), (25), (36), and (27), respectively. 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, § 3(a)(2), (c)(4)–(8), redesignated subsecs. (a) to (ff) as pars. (1) to (32), respectively, re- aligned 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, § 3(c)(1), redesignated clauses (1) to (3) as (A) to (C), respectively. Subsec. (r). Pub. L. 104–104, § 3(a)(1), designated exist- ing provisions as subpar. (A) and added subpar. (B). Subsec. (w). Pub. L. 104–104, § 3(c)(2), redesignated pars. (1) to (5) as subpars. (A) to (E), respectively. Subsecs. (y), (z). Pub. L. 104–104, § 3(c)(3), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively. 1993—Subsec. (n). Pub. L. 103–66, § 6002(b)(2)(B)(ii)(I), inserted cl. (1) designation and added cls. (2) and (3). Subsec. (gg). Pub. L. 103–66, § 6002(b)(2)(B)(ii)(II), struck out subsec. (gg) which read as follows: ‘‘ ‘Private land mobile service’ means a mobile service which pro- vides 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, § 120(b)(2), sub- stituted ‘‘a radio’’ for ‘‘the radio’’, inserted ‘‘or receiv- ers’’ after ‘‘between mobile stations’’, and inserted pro- vision that ‘‘mobile service’’ includes both one-way and two-way radio communication services. Subsec. (gg). Pub. L. 97–259, § 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, § 1(1), added par. (5). Subsec. (x). Pub. L. 89–121, § 1(2), among other changes, substituted ‘‘radiotelegraph auto alarm’’ for ‘‘auto-alarm’’ wherever appearing, ‘‘receiving appa- ratus which responds to the radiotelegraph alarm sig- nal’’ 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, § 1(3), struck out ‘‘qualified operator’’ from pars. (1) and (2), and substituted ‘‘coun- try in which the ship is registered’’ for ‘‘country to which the ship belongs’’. Subsec. (z). Pub. L. 89–121, § 1(4)(D), (E), added subsec. (z) and redesignated former subsec. (z) as (aa). Subsec. (aa). Pub. L. 89–121, § 1(4)(A), (D), redesignated former subsec. (z) as (aa) and former subsec. (aa) as (bb). Subsecs. (bb) to (dd). Pub. L. 89–121, § 1(4)(A), redesig- nated former subsecs. (aa) to (cc) as (bb) to (dd) and former subsec. (dd) as (ee). Subsec. (ee). Pub. L. 89–121, § 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, § 1(4)(B), (C), redesig- nated 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, § 2, obviated any possible construction that the Commission is empow- ered 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 commu- nication rests on the fact that the signal may traverse the territory of another State. Subsec. (u). Act Apr. 27, 1954, § 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 sub- secs. (ee) and (ff). Subsec. (gg), ‘‘Great Lakes Agreement’’. Act Aug. 13, 1954, ch. 735, added another subsec. (ee) which for pur- poses 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 sub- secs. (w) to (aa). Page 25 TITLE 47—TELECOMMUNICATIONS § 153 Statutory Notes and Related Subsidiaries 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 sec- tions 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] pro- vide for procedural changes, requirements imposed by such changes shall not be mandatory as to any agen- cy proceeding (as defined in the Administrative Pro- cedure 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 re- spect to any action or appeal which is pending before any court on the date of enactment of this Act [July 16, 1952].’’ LIMITATION ON LIABILITY Pub. L. 111–260, § 2, Oct. 8, 2010, 124 Stat. 2751, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), no person shall be liable for a violation of the re- quirements of this Act [see Short Title of 2010 Amend- ment note set out under section 609 of this title] (or of the provisions of the Communications Act of 1934 [47 U.S.C. 151 et seq.] that are amended or added by this Act) with respect to video programming, online con- tent, applications, services, advanced communications services, or equipment used to provide or access ad- vanced communications services to the extent such person— ‘‘(1) transmits, routes, or stores in intermediate or transient storage the communications made avail- able through the provision of advanced communica- tions services by a third party; or ‘‘(2) provides an information location tool, such as a directory, index, reference, pointer, menu, guide, user interface, or hypertext link, through which an end user obtains access to such video programming, online content, applications, services, advanced com- munications services, or equipment used to provide or access advanced communications services. ‘‘(b) EXCEPTION.—The limitation on liability under subsection (a) shall not apply to any person who relies on third party applications, services, software, hard- ware, or equipment to comply with the requirements of this Act (or of the provisions of the Communications Act of 1934 that are amended or added by this Act) with respect to video programming, online content, applica- tions, services, advanced communications services, or equipment used to provide or access advanced commu- nications services.’’ PROPRIETARY TECHNOLOGY Pub. L. 111–260, § 3, Oct. 8, 2010, 124 Stat. 2752, provided that: ‘‘No action taken by the Federal Communications Commission to implement this Act [see Short Title of 2010 Amendment note set out under section 609 of this title] or any amendment made by this Act shall man- date the use or incorporation of proprietary tech- nology.’’ GREAT LAKES AGREEMENT The Great Lakes Agreement, referred to in this sec- tion, relates to the bilateral Agreement for the Pro- motion 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 agree- ment 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 Lon- don 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 sec- tion 1602 of Title 33, Navigation and Navigable Waters, and notes thereunder. DEFINITIONS Pub. L. 113–200, title I, § 112, Dec. 4, 2014, 128 Stat. 2066, provided that: ‘‘In this title [amending sections 325, 338, 534, and 543 of this title and enacting provisions set out as notes under sections 325, 338, and 534 of this title]: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation and the Committee on the Judiciary of the Senate. ‘‘(2) COMMISSION.—The term ‘Commission’ means the Federal Communications Commission.’’ Pub. L. 111–260, title II, § 206, Oct. 8, 2010, 124 Stat. 2776, provided that: ‘‘In this title [amending sections 303, 330, and 613 of this title and enacting provisions set out as notes under sections 303 and 613 of this title]: ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advisory Committee’ means the advisory committee estab- lished in section 201 [47 U.S.C. 613 note]. ‘‘(2) CHAIRMAN.—The term ‘Chairman’ means the Chairman of the Federal Communications Commis- sion. ‘‘(3) COMMISSION.—The term ‘Commission’ means the Federal Communications Commission. ‘‘(4) EMERGENCY INFORMATION.—The term ‘emer- gency information’ has the meaning given such term in section 79.2 of title 47, Code of Federal Regula- tions. ‘‘(5) INTERNET PROTOCOL.—The term ‘Internet pro- tocol’ includes Transmission Control Protocol and a successor protocol or technology to Internet pro- tocol. ‘‘(6) NAVIGATION DEVICE.—The term ‘navigation de- vice’ has the meaning given such term in section 76.1200 of title 47, Code of Federal Regulations. ‘‘(7) VIDEO DESCRIPTION.—The term ‘video descrip- tion’ has the meaning given such term in section 713 of the Communications Act of 1934 (47 U.S.C. 613). ‘‘(8) VIDEO PROGRAMMING.—The term ‘video pro- gramming’ has the meaning given such term in sec- tion 713 of the Communications Act of 1934 (47 U.S.C. 613).’’ Pub. L. 105–33, title III, § 3001(a), Aug. 5, 1997, 111 Stat. 258, 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 sec- tions 254, 309, and 925 of this title, and repealing provi- sions 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.’’ Page 26 TITLE 47—TELECOMMUNICATIONS § 154 Pub. L. 104–104, § 3(b), Feb. 8, 1996, 110 Stat. 61, pro- vided 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 Commu- nications Act of 1934 (47 U.S.C. 153), as amended by this section.’’ § 154. Federal Communications Commission (a) Number of commissioners; appointment The Federal Communications Commission (in this chapter referred to as the ‘‘Commission’’) shall be composed of five commissioners ap- pointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chairman. (b) Qualifications (1) Each member of the Commission shall be a citizen of the United States. (2)(A) No member of the Commission or person employed by the Commission shall— (i) be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission; (ii) be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum; (iii) be financially interested in any com- pany or other entity which controls any com- pany or other entity specified in clause (i) or clause (ii), or which derives a significant por- tion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or (iv) be employed by, hold any official rela- tion to, or own any stocks, bonds, or other se- curities of, any person significantly regulated by the Commission under this chapter; except that the prohibitions established in this subparagraph shall apply only to financial inter- ests in any company or other entity which has a significant interest in communications, manu- facturing, or sales activities which are subject to regulation by the Commission. (B)(i) The Commission shall have authority to waive, from time to time, the application of the prohibitions established in subparagraph (A) to persons employed by the Commission if the Commission determines that the financial inter- ests of a person which are involved in a par- ticular case are minimal, except that such waiv- er authority shall be subject to the provisions of section 208 of title 18. The waiver authority es- tablished in this subparagraph shall not apply with respect to members of the Commission. (ii) In any case in which the Commission exer- cises the waiver authority established in this subparagraph, the Commission shall publish no- tice of such action in the Federal Register. (3) The Commission, in determining whether a company or other entity has a significant inter- est in communications, manufacturing, or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors)— (A) the revenues, investments, profits, and managerial efforts directed to the related communications, manufacturing, or sales ac- tivities of the company or other entity in- volved, as compared to the other aspects of the business of such company or other entity; (B) the extent to which the Commission reg- ulates and oversees the activities of such com- pany or other entity; (C) the degree to which the economic inter- ests of such company or other entity may be affected by any action of the Commission; and (D) the perceptions held by the public re- garding the business activities of such com- pany or other entity. (4) Members of the Commission shall not en- gage in any other business, vocation, profession, or employment while serving as such members. (5) The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission. (c) Terms of office; vacancies (1) A commissioner— (A) shall be appointed for a term of 5 years; (B) except as provided in subparagraph (C), may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office; and (C) may not continue to serve after the expi- ration of the session of Congress that begins after the expiration of the fixed term of office of the commissioner. (2) Any person chosen to fill a vacancy in the Commission— (A) shall be appointed for the unexpired term of the commissioner that the person suc- ceeds; (B) except as provided in subparagraph (C), may continue to serve after the expiration of the fixed term of office of the commissioner that the person succeeds until a successor is appointed and has been confirmed and taken the oath of office; and (C) may not continue to serve after the expi- ration of the session of Congress that begins after the expiration of the fixed term of office of the commissioner that the person succeeds. (3) No vacancy in the Commission shall impair the right of the remaining commissioners to ex- ercise all the powers of the Commission. (d) Compensation of Commission members Each Commissioner shall receive an annual salary at the annual rate payable from time to time for level IV of the Executive Schedule, pay- able in monthly installments. The Chairman of the Commission, during the period of his service as Chairman, shall receive an annual salary at the annual rate payable from time to time for level III of the Executive Schedule. (e) Principal office; special sessions The principal office of the Commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the conven- ience of the public or of the parties may be pro- moted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States.