47 U.S.C. § 203 — Schedules of charges

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 558 words · no verdicts yet

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Phone and radio carriers must file and publicly post their rate schedules with the FCC. They must give 120 days' notice before changing rates. Charging different rates than posted, or breaking these rules, brings fines up to $6,000 per offense.

(a) Filing; public display — Every common carrier (except connecting carriers) must, within a time set by the Commission, file its rate schedules with the Commission and keep them open for public inspection. This covers all charges — for itself and any connecting carriers — for interstate and international wire or radio service, both within its own system and between its system and a connecting carrier's, wherever a "through route" exists. It doesn't matter whether the charges are joint or separate. The schedule must also show the classifications, practices, and rules that affect those charges. The Commission can require specific content, format, and posting locations, and each schedule must state when it takes effect. The carrier must give its schedules to its connecting carriers, who must also keep them open for public inspection where the Commission requires. (b) Changing the schedule — (1) A carrier can't change filed and published charges, classifications, rules, or practices without giving the Commission and the public 120 days' notice, in whatever form and with whatever information the Commission requires. (2) The Commission can, for good reason, modify this requirement — for particular cases or by general order for special situations — except it can never require more than 120 days' notice. (c) Overcharges and rebates — Unless another part of this law allows otherwise, a carrier can't provide service unless its schedules are filed and published as required. And no carrier may: (1) charge, demand, or collect a different amount than what the current schedule says; (2) refund or give back any part of the listed charge, in any way; or (3) give any person special privileges or facilities, or use classifications, rules, or practices that affect charges, beyond what the schedule says. (d) Rejection or refusal — The Commission can reject any schedule that doesn't properly state a lawful effective date. A rejected schedule is void, and using it is illegal. (e) Penalty for violations — A carrier that fails or refuses to follow this section, or a related Commission rule or order, must forfeit $6,000 to the United States for each violation, plus $300 for each day the violation continues.

the actual law source: uscode.house.gov ↗public domain

(a) Filing; public display

Every common carrier, except connecting carriers, shall, within such reasonable time as the Commission shall designate, file with the Commission and print and keep open for public inspection 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 between 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 established, whether such charges are joint or separate, 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, and each such schedule shall give notice of its effective date; and such common carrier shall furnish such schedules to each of its connecting carriers, and such connecting carriers shall keep such schedules open for inspection in such public places as the Commission may require.

(b) Changes in schedule; discretion of Commission to modify requirements

(1)

No change shall be made in the charges, classifications, regulations, or practices which have been so filed and published except after one hundred and twenty days notice to the Commission and to the public, which shall be published in such form and contain such information as the Commission may by regulations prescribe.

(2)

The Commission may, in its discretion and for good cause shown, modify any requirement made by or under the authority of this section either in particular instances or by general order applicable to special circumstances or conditions except that the Commission may not require the notice period specified in paragraph (1) to be more than one hundred and twenty days.

No carrier, unless otherwise provided by or under authority of this chapter, shall engage or participate in such communication unless schedules have been filed and published in accordance with the provisions of this chapter and with the regulations made thereunder; and no carrier shall (1) charge, demand, collect, or receive a greater or less or different compensation for such communication, or for any service in connection therewith, between the points named in any such schedule than the charges specified in the schedule then in effect, or (2) refund or remit by any means or device any portion of the charges so specified, or (3) extend to any person any privileges or facilities in such communication, or employ or enforce any classifications, regulations, or practices affecting such charges, except as specified in such schedule.

(d) Rejection or refusal

The Commission may reject and refuse to file any schedule entered for filing which does not provide and give lawful notice of its effective date. Any schedule so rejected by the Commission shall be void and its use shall be unlawful.

(e) Penalty for violations

In case of failure or refusal on the part of any carrier to comply with the provisions of this section or of any regulation or order made by the Commission thereunder, such carrier shall forfeit to the United States the sum of $6,000 for each such offense, and $300 for each and every day of the continuance of such offense.

Source credit: (June 19, 1934, ch. 652, title II, § 203, 48 Stat. 1070; Pub. L. 94–376, § 1, Aug. 4, 1976, 90 Stat. 1080; Pub. L. 101–239, title III, § 3002(b), Dec. 19, 1989, 103 Stat. 2131; Pub. L. 101–396, § 7, Sept. 28, 1990, 104 Stat. 850.)

history & why it existsrecord from the source credit

1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1070
1976Amended · Pub. L. 94-376 · 90 Stat. 1080
1989Amended · Pub. L. 101-239 · 103 Stat. 2131
1990Amended · Pub. L. 101-396 · 104 Stat. 850

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

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