47 U.S.C. § 201 — Service and charges

Page 43 TITLE 47—TELECOMMUNICATIONS § 201 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. § 163. Communications marketplace report (a) In general In the last quarter of every even-numbered year, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the state of the communications marketplace. (b) Contents Each report required by subsection (a) shall— (1) assess the state of competition in the communications marketplace, including com- petition to deliver voice, video, audio, and data services among providers of tele- communications, providers of commercial mo- bile service (as defined in section 332 of this title), multichannel video programming dis- tributors (as defined in section 522 of this title), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications serv- ices; (2) assess the state of deployment of commu- nications capabilities, including advanced telecommunications capability (as defined in section 1302 of this title), regardless of the technology used for such deployment; (3) assess whether laws, regulations, regu- latory practices (whether those of the Federal Government, States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in section 5304 of title 25), or foreign governments), or dem- onstrated marketplace practices pose a barrier to competitive entry into the communications marketplace or to the competitive expansion of existing providers of communications serv- ices; (4) describe the agenda of the Commission for the next 2-year period for addressing the challenges and opportunities in the commu- nications marketplace that were identified through the assessments under paragraphs (1) through (3); and (5) describe the actions that the Commission has taken in pursuit of the agenda described pursuant to paragraph (4) in the previous re- port submitted under this section. (c) Extension If the President designates a Commissioner as Chairman of the Commission during the last quarter of an even-numbered year, the portion of the report required by subsection (b)(4) may be published on the website of the Commission and submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate as an addendum during the first quarter of the following odd- numbered year. (d) Special requirements (1) Assessing competition In assessing the state of competition under subsection (b)(1), the Commission shall con- sider all forms of competition, including the effect of intermodal competition, facilities- based competition, and competition from new and emergent communications services, in- cluding the provision of content and commu- nications using the Internet. (2) Assessing deployment In assessing the state of deployment under subsection (b)(2), the Commission shall com- pile a list of geographical areas that are not served by any provider of advanced tele- communications capability. (3) Considering small businesses In assessing the state of competition under subsection (b)(1) and regulatory barriers under subsection (b)(3), the Commission shall con- sider market entry barriers for entrepreneurs and other small businesses in the communica- tions marketplace in accordance with the na- tional policy under section 257(b) of this title. (June 19, 1934, ch. 652, title I, § 13, as added Pub. L. 115–141, div. P, title IV, § 401, Mar. 23, 2018, 132 Stat. 1087.) SUBCHAPTER II—COMMON CARRIERS PART I—COMMON CARRIER REGULATION § 201. Service and charges (a) It shall be the duty of every common car- rier engaged in interstate or foreign commu- nication by wire or radio to furnish such com- munication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases where the Commis- sion, after opportunity for hearing, finds such action necessary or desirable in the public inter- est, to establish physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes. (b) All charges, practices, classifications, and regulations for and in connection with such communication service, shall be just and reason- able, and any such charge, practice, classifica- tion, or regulation that is unjust or unreason- able is declared to be unlawful: Provided, That communications by wire or radio subject to this chapter may be classified into day, night, re- peated, unrepeated, letter, commercial, press, Government, and such other classes as the Com- mission may decide to be just and reasonable, and different charges may be made for the dif- ferent classes of communications: Provided fur- ther, That nothing in this chapter or in any other provision of law shall be construed to pre- vent a common carrier subject to this chapter from entering into or operating under any con- tract with any common carrier not subject to this chapter, for the exchange of their services, if the Commission is of the opinion that such contract is not contrary to the public interest: Provided further, That nothing in this chapter or Page 44 TITLE 47—TELECOMMUNICATIONS § 202 in any other provision of law shall prevent a common carrier subject to this chapter from furnishing reports of positions of ships at sea to newspapers of general circulation, either at a nominal charge or without charge, provided the name of such common carrier is displayed along with such ship position reports. The Commission may prescribe such rules and regulations as may be necessary in the public interest to carry out the provisions of this chapter. (June 19, 1934, ch. 652, title II, § 201, 48 Stat. 1070; May 31, 1938, ch. 296, 52 Stat. 588.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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 com- plete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1938—Subsec. (b). Act May 31, 1938, inserted proviso relating to reports of positions of ships at sea. Statutory Notes and Related Subsidiaries TELEPHONE RATES FOR MEMBERS OF ARMED FORCES DEPLOYED ABROAD Pub. L. 109–459, § 2, Dec. 22, 2006, 120 Stat. 3399, pro- vided that: ‘‘(a) IN GENERAL.—The Federal Communications Commission shall take such action as may be necessary to reduce the cost of calling home for Armed Forces personnel who are stationed outside the United States under official military orders or deployed outside the United States in support of military operations, train- ing exercises, or other purposes as approved by the Sec- retary of Defense, including the reduction of such costs through the waiver of government fees, assessments, or other charges for such calls. The Commission may not regulate rates in order to carry out this section. ‘‘(b) FACTORS TO CONSIDER.—In taking the action de- scribed in subsection (a), the Commission, in coordina- tion with the Department of Defense and the Depart- ment of State, shall— ‘‘(1) evaluate and analyze the costs to Armed Forces personnel of such telephone calls to and from American military bases abroad; ‘‘(2) evaluate methods of reducing the rates imposed on such calls, including deployment of new tech- nology such as voice over Internet protocol or other Internet protocol technology; ‘‘(3) encourage telecommunications carriers (as de- fined in section 3(44) of the Communications Act of 1934 (47 U.S.C. 153(44) [now 153(51)])) to adopt flexible billing procedures and policies for Armed Forces per- sonnel and their dependents for telephone calls to and from such Armed Forces personnel; and ‘‘(4) seek agreements with foreign governments to reduce international surcharges on such telephone calls. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) ARMED FORCES.—The term ‘Armed Forces’ has the meaning given that term by section 2101(2) of title 5, United States Code. ‘‘(2) MILITARY BASE.—The term ‘military base’ in- cludes official duty stations to include vessels, whether such vessels are in port or underway outside of the United States.’’ Pub. L. 102–538, title II, § 213, Oct. 27, 1992, 106 Stat. 3545, which required the Federal Communications Com- mission to make efforts to reduce telephone rates for Armed Forces personnel in certain countries, was re- pealed by Pub. L. 109–459, § 3, Dec. 22, 2006, 120 Stat. 3400. § 202. Discriminations and preferences (a) Charges, services, etc. It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regula- tions, facilities, or services for or in connection with like communication service, directly or in- directly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of per- sons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage. (b) Charges or services included Charges or services, whenever referred to in this chapter, include charges for, or services in connection with, the use of common carrier lines of communication, whether derived from wire or radio facilities, in chain broadcasting or incidental to radio communication of any kind. (c) Penalty Any carrier who knowingly violates the provi- sions of this section shall forfeit to the United States the sum of $6,000 for each such offense and $300 for each and every day of the continu- ance of such offense. (June 19, 1934, ch. 652, title II, § 202, 48 Stat. 1070; Pub. L. 86–751, Sept. 13, 1960, 74 Stat. 888; Pub. L. 101–239, title III, § 3002(a), Dec. 19, 1989, 103 Stat. 2131.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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 com- plete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1989—Subsec. (c). Pub. L. 101–239 substituted ‘‘$6,000’’ for ‘‘$500’’ and ‘‘$300’’ for ‘‘$25’’. 1960—Subsec. (b). Pub. L. 86–751 substituted ‘‘common carrier lines of communication, whether derived from wire or radio facilities,’’ for ‘‘wires’’. § 203. Schedules of charges (a) Filing; public display Every common carrier, except connecting car- riers, shall, within such reasonable time as the Commission shall designate, file with the Com- mission and print and keep open for public in- spection schedules showing all charges for itself and its connecting carriers for interstate and foreign wire or radio communication between the different points on its own system, and be- tween points on its own system and points on the system of its connecting carriers or points on the system of any other carrier subject to this chapter when a through route has been es- tablished, whether such charges are joint or sep- arate, and showing the classifications, practices, and regulations affecting such charges. Such schedules shall contain such other information, and be printed in such form, and be posted and kept open for public inspection in such places, as the Commission may by regulation require,