ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

47 U.S.C. § 153Definitions

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 3,279 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines 59 terms used throughout the Communications Act, covering everything from 'broadcasting' and 'common carrier' to modern terms like VoIP and cable service. Each definition explains exactly what the word means for the rest of the chapter. Many definitions point to specific, related terms defined elsewhere in the law.

(1) Advanced communications services means: (A) interconnected VoIP service; (B) non-interconnected VoIP service; (C) electronic messaging service; (D) interoperable video conferencing service; and (E) any audio or video service used by inmates to communicate with people outside prison, no matter what technology is used. (2) Affiliate is a person that owns, controls, is owned or controlled by, or shares common ownership or control with another person, directly or indirectly. "Own" here means owning more than 10 percent of the equity interest. (3) Amateur station is a radio station run by an authorized person who is interested in radio purely as a personal hobby, not for profit. (4) AT&T Consent Decree is the court order entered August 24, 1982, in United States v. Western Electric (the antitrust case), plus any related judgment or order entered on or after that date. (5) Bell operating company (A) means a list of named regional phone companies (including Illinois Bell, New York Telephone, Southwestern Bell, and other companies named in the statute); (B) includes any successor or assignee of those companies that provides wireline phone exchange service; but (C) does not include an affiliate of those companies, unless that affiliate is itself one of the named companies or their successor or assignee. (6) Broadcast station ("broadcasting station" or "radio broadcast station") is a radio station equipped to broadcast, as "broadcasting" is defined next. (7) Broadcasting means sending out radio communications meant for the public to receive, either directly or relayed through other stations. (8) Cable service has the meaning given in section 522 of this title. (9) Cable system has the meaning given in section 522 of this title. (10) Chain broadcasting means two or more connected stations broadcasting the same program at the same time. (11) Common carrier ("carrier") is anyone who, for hire, provides interstate or foreign wire or radio communication, or radio transmission of energy, as a common carrier — except where the law says "common carriers not subject to this chapter." A radio broadcaster is not a common carrier for its broadcasting activity. (12) Connecting carrier is a carrier described in clause (2), (3), or (4) of section 152(b). (13) Construction permit ("permit for construction") is the Commission's authorization, under whatever name the Commission gives it, to build a station or install equipment for transmitting energy, communications, or radio signals. (14) Consumer generated media is content — video, audio, or other multimedia — that consumers create and post to websites and online services. (15) Corporation includes any corporation, joint-stock company, or association. (16) Customer premises equipment is equipment on a non-carrier's property used to start, route, or end telecommunications. (17) Dialing parity is the situation where a company not affiliated with a local phone carrier lets its customers automatically route their calls to whichever telecommunications provider they choose — without dialing an extra access code — from among two or more providers, including that local carrier. (18) Disability has the meaning given under section 12102 of title 42. (19) Electronic messaging service is a service sending real-time or near-real-time text messages between people over communications networks, not voice. (20) Exchange access means offering access to phone exchange services or facilities so that toll calls can start or end. (21) Foreign communication ("foreign transmission") is communication or transmission between the United States and a foreign country, or between a U.S. station and a mobile station located outside the U.S. (22) Great Lakes Agreement is the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio, plus its regulations, currently in force. (23) Harbor ("port") is any place ships can go for shelter, to load or unload people or goods, or to get fuel, water, or supplies — whether or not officially declared public, and whether natural or built. (24) Information service means offering the ability to generate, get, store, change, process, retrieve, use, or make available information over telecommunications, including electronic publishing. It does not include using that ability just to manage, control, or run a telecommunications system or service. (25) Interconnected VoIP service has the meaning given under section 9.3 of title 47 of the Code of Federal Regulations, as that section may be updated over time. (26) InterLATA service is telecommunications between a point inside a local access and transport area and a point outside it. (27) Interoperable video conferencing service is a service that provides real-time video communication, including audio, so users can share whatever information they choose. (28) Interstate communication ("interstate transmission") is communication or transmission (A) between any state, territory, or possession (other than the Canal Zone), or D.C., and any other such place; (B) between the U.S. and the Canal Zone, as far as it happens within the U.S.; or (C) between two points within the U.S. that passes through a foreign country. But — except for section 223 — it does not include wire or radio communication between two points in the same state, territory, possession, or D.C. that passes through an outside place, if a state commission regulates that communication. (29) Land station is a station, other than a mobile station, used to communicate by radio with mobile stations. (30) Licensee is whoever holds a radio station license granted or kept in force under this chapter. (31) Local access and transport area ("LATA") is a connected geographic area that was either (A) set up by a Bell operating company before February 8, 1996, so that no exchange area crosses more than one metropolitan statistical area, consolidated metropolitan statistical area, or state, except as expressly allowed under the AT&T Consent Decree, or (B) set up or changed by a Bell operating company after February 8, 1996, and approved by the Commission. (32) Local exchange carrier is anyone who provides telephone exchange service or exchange access. This does not include someone providing commercial mobile service under section 332(c), unless the Commission decides that service should count. (33) Mobile service is a radio communication service between mobile stations or receivers, and between mobile stations and land stations, and among mobile stations themselves. It includes (A) one-way and two-way radio services; (B) a service giving a regularly interacting group of base, mobile, portable, and related stations for private one-way or two-way land mobile radio communication over set areas; and (C) any service needing a license under the personal communications service rulemaking (GEN Docket No. 90–314; ET Docket No. 92–100) or any later proceeding that replaces it. (34) Mobile station is a radio station that can be moved and that ordinarily does move. (35) Network element is a facility or piece of equipment used to provide a telecommunications service. This also includes features, functions, and capabilities the facility or equipment provides — like subscriber numbers, databases, signaling systems, and billing and collection information — or anything used to transmit, route, or otherwise provide a telecommunications service. (36) Non-interconnected VoIP service (A) means a service that (i) allows real-time voice calls that start or end at the user's location using Internet protocol or a later version of it, and (ii) needs Internet-protocol-compatible customer equipment; (B) it does not include any service that already counts as interconnected VoIP service. (37) Number portability is the ability of telecommunications users to keep their existing phone numbers, at the same location, without losing quality, reliability, or convenience, when they switch carriers. (38) Operator (A) on a U.S. ship, for parts II and III of subchapter III, means someone holding the right class of radio operator's license issued by the Commission. (B) On a foreign ship, for part II of subchapter III, it means someone holding a matching certificate under the International Telecommunication Convention's radio regulations, or under an agreement or treaty between the U.S. and the ship's registered country. (39) Person includes an individual, partnership, association, joint-stock company, trust, or corporation. (40) Radio communication ("communication by radio") means transmitting writing, signs, signals, pictures, and sounds by radio, including everything used to make that transmission happen — the instruments, facilities, equipment, and services, such as receiving, forwarding, and delivering the communications. (41) Radio officer (A) on a U.S. ship, for part II of subchapter III, means someone holding at least a first- or second-class radiotelegraph operator's license from the Commission; if that person operates a radiotelegraph station on a U.S. ship, they must also be licensed as a "radio officer" under chapter 71 of title 46. (B) On a foreign ship, for part II of subchapter III, it means someone holding at least a matching certificate under the International Telecommunication Convention's radio regulations. (42) Radio station ("station") is a station equipped to engage in radio communication or radio transmission of energy. (43) Radiotelegraph auto alarm, on a U.S. ship subject to part II of subchapter III, is automatic alarm equipment that responds to the radiotelegraph alarm signal and that the Commission has approved. On a foreign ship, it is the same kind of equipment, approved instead by the ship's home government, but only if the U.S. and that country are parties to the same treaty setting the requirements. This chapter does not require the U.S. to recognize such equipment on a foreign ship if the U.S. and that country are not parties to the same treaty on it. (44) Rural telephone company is a local exchange carrier that: (A) serves a study area without any incorporated place of 10,000 or more people (or part of one), and without any territory in an urbanized area as the Census Bureau defined it on August 10, 1993; (B) provides phone exchange service, including exchange access, to fewer than 50,000 access lines; (C) provides phone exchange service in a study area with fewer than 100,000 access lines; or (D) had less than 15 percent of its access lines in communities over 50,000 people as of February 8, 1996. (45) Safety convention is the International Convention for the Safety of Life at Sea, plus its regulations, currently in force. (46) Ship ("vessel") (A) is any watercraft or other artificial device, except aircraft, used or able to be used to transport people or things on water, whether or not it is actually floating right now. (B) It is a "passenger ship" if it carries, or is licensed or certified to carry, more than 12 passengers. (C) A "cargo ship" is any ship that is not a passenger ship. (D) A "passenger" is anyone on board except: the officers and crew running the ship, people employed to run the ship's business, and people on board only because the captain had to rescue or carry shipwrecked or distressed people, or because of something beyond the control of the captain, owner, or charterer. (E) A "nuclear ship" is a ship with a nuclear power plant. (47) State includes the District of Columbia and the territories and possessions. (48) State commission is the commission, board, or official — whatever it is called — that has regulatory power over a carrier's intrastate operations under state law. (49) Station license ("radio station license" or "license") is the Commission's authorization, under whatever name the Commission gives it, to use or operate equipment for transmitting energy, communications, or radio signals. (50) Telecommunications means sending information the user chooses, between or among points the user specifies, without changing the form or content of that information along the way. (51) Telecommunications carrier is any provider of telecommunications services, except aggregators of telecommunications services as defined in section 226. It counts as a common carrier under this chapter only to the extent it provides telecommunications services — except the Commission decides whether fixed and mobile satellite service counts as common carriage. (52) Telecommunications equipment is equipment, other than customer premises equipment, that a carrier uses to provide telecommunications services, including the software built into that equipment, including upgrades. (53) Telecommunications service means offering telecommunications for a fee, directly to the public or to a group of users broad enough to count as directly available to the public, no matter what facilities are used. (54) Telephone exchange service is (A) service inside one phone exchange, or a connected system of exchanges in the same exchange area, giving subscribers the kind of intercommunicating service a single exchange normally provides, covered by the exchange service charge; or (B) similar service provided through switches, transmission equipment, or other facilities that let a subscriber start and end a telecommunications service. (55) Telephone toll service is phone service between stations in different exchange areas, charged separately from the subscriber's regular exchange service contract. (56) Television service: (A) "Analog television service" means service under the transmission standards in the Commission's rule 73.682(a). (B) "Digital television service" means service under the transmission standards in the Commission's rule 73.682(d). (57) Transmission of energy by radio ("radio transmission of energy") includes the transmission itself plus everything used to make it happen — the instruments, facilities, and services involved. (58) United States means the states and territories, the District of Columbia, and U.S. possessions, but not the Canal Zone. (59) Wire communication ("communication by wire") means transmitting writing, signs, signals, pictures, and sounds by wire, cable, or a similar connection between the sending and receiving points, including everything used to make that transmission happen — the instruments, facilities, equipment, and services, such as receiving, forwarding, and delivering the communications.
the actual law source: uscode.house.gov ↗public domain

For the purposes of this chapter, unless the context otherwise requires—

(1) Advanced communications services

The term “advanced communications services” means—

(A)

interconnected VoIP service;

(B)

non-interconnected VoIP service;

(C)

electronic messaging service;

(D)

interoperable video conferencing service; and

(E)

any audio or video communications service used by inmates for the purpose of communicating with individuals outside the 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 equivalent 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 antitrust 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 Telephone Company, Incorporated, Michigan Bell Telephone Company, New England Telephone and Telegraph Company, New Jersey Bell Telephone Company, New York Telephone 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 Company of Maryland, The Chesapeake and Potomac Telephone Company of Virginia, The Chesapeake and Potomac Telephone Company of West Virginia, The Diamond State Telephone Company, The Ohio Bell Telephone 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 telephone exchange service; but

(C)

does not include an affiliate of any such company, other than an affiliate described in subparagraph (A) or (B).

(6) Broadcast station

The term “broadcast station”, “broadcasting station”, or “radio broadcast station” means a radio station equipped to engage in broadcasting as herein defined.

(7) Broadcasting

The term “broadcasting” means the dissemination 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 simultaneous broadcasting of an identical program by two or more connected stations.

(11) Common carrier

The term “common carrier” or “carrier” means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this chapter; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.

(12) Connecting carrier

The term “connecting carrier” means a carrier described in clauses (2), (3), or (4) of section 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 communications, 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 corporation, 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 person 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 telecommunications to the telecommunications services provider of the customer’s designation from among 2 or more telecommunications services providers (including such local exchange carrier).

(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 near real-time non-voice messages in text form between individuals over communications networks.

(20) Exchange access

The term “exchange access” means the offering 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 “foreign 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 public or not and whether natural or artificial.

(24) Information service

The term “information service” means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic 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 telecommunications 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 telecommunications between a point located in a local access and transport area and a point located 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 communication or transmission (A) from any State, Territory, 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 section 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 communication 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 exchange area includes points within more than 1 metropolitan statistical area, consolidated metropolitan statistical area, or State, except as expressly permitted under the AT&T Consent Decree; or

(B)

established or modified by a Bell operating 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 access. Such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under section 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, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled “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.

(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 facility 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 service”—

(A)

means a service that—

(i)

enables real-time voice communications that originate from or terminate to the user’s location using Internet protocol or any successor protocol; and

(ii)

requires Internet protocol compatible 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 services to retain, at the same location, existing telecommunications numbers without impairment 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 provisions 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 “communication by radio” means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, 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 radiotelegraph operator’s license as prescribed and issued by the Commission. When such person is employed to operate a radiotelegraph station aboard a ship of the United States, he is also required to be licensed as a “radio officer” 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 certificate 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 energy.

(43) Radiotelegraph auto alarm

The term “radiotelegraph auto alarm” on a ship of the United States subject to the provisions of part II of subchapter III of this chapter means an automatic alarm receiving apparatus 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 receiving apparatus which responds to the radiotelegraph 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, convention, or agreement prescribing the requirements 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 inhabitants 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 unincorporated, 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

(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 referred to therein.

(46) Ship
(A)

The term “ship” or “vessel” includes every description of watercraft or other artificial contrivance, except aircraft, used or capable 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 passenger 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 operate 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 because 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 master, 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 energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.

(50) Telecommunications

The term “telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content 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 include aggregators of telecommunications services (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 telecommunications services, except that the Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage.

(52) Telecommunications equipment

The term “telecommunications equipment” means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including 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 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, 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 separate 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 instrumentalities, facilities, and services incidental to such transmission.

(58) United States

The term “United States” means the several States and Territories, the District of Columbia, and the possessions of the United States, but does not include the Canal Zone.

(59) Wire communication

The term “wire communication” or “communication by wire” means the transmission 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, forwarding, and delivery of communications) incidental to such transmission.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1065
  • 1937Amended · Act of May 20, 1937, ch. 229 · 50 Stat. 189
  • 1952Amended · Act of July 16, 1952, ch. 879 · 66 Stat. 711
  • 1954Amended · Act of Apr. 27, 1954, ch. 175 · 68 Stat. 64
  • 1954Amended · Act of Aug. 13, 1954, ch. 729 · 68 Stat. 707
  • 1954Amended · Act of Aug. 13, 1954, ch. 735 · 68 Stat. 729
  • 1956Amended · Act of Aug. 6, 1956, ch. 973 · 70 Stat. 1049
  • 1965Amended · Pub. L. 89-121 · 79 Stat. 511
  • 1968Amended · Pub. L. 90-299 · 82 Stat. 112
  • 1982Amended · Pub. L. 97-259 · 96 Stat. 1097
  • 1993Amended · Pub. L. 103-66 · 107 Stat. 396
  • 1996Amended · Pub. L. 104-104 · 110 Stat. 58, 61
  • 1997Amended · Pub. L. 105-33 · 111 Stat. 258
  • 2010Amended · Pub. L. 111-260 · 124 Stat. 2752
  • 2023Amended · Pub. L. 117-338 · 136 Stat. 6156

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case