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47 U.S.C. § 215Examination of transactions relating to furnishing of services, equipment, etc.; reports to Congress

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 391 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FCC must investigate deals where common carriers get equipment, supplies, research, services, finances, credit, or personnel, and report to Congress if those deals hurt service or raise charges unfairly. The FCC can inspect all related records and must recommend whether new legislation is needed. It must also study exclusive-dealing contracts that block carriers from working with competitors.

(a) Access to records and documents — The FCC must look into any deal a common carrier makes involving getting equipment, supplies, research, services, finances, credit, or personnel — deals that might affect the charges the carrier makes, or the service it provides, in wire or radio communication under this chapter. The FCC must report to Congress on whether these deals have hurt (or are likely to hurt) the carrier's ability to serve the public well, or whether they might cause unreasonable, unfair increases in charges or keep unfair charges in place. To fully investigate, the FCC has the right to inspect and examine all accounts, records, memoranda, documents, papers, and correspondence — existing now or created later — belonging to anyone providing that equipment, supplies, research, services, finances, credit, or personnel. In its report, the FCC must recommend any legislation it thinks is needed, and specifically say whether Congress should pass a law: (1) letting the FCC void these deals, or let them go forward only with modified terms the FCC thinks serve the public interest; (2) requiring FCC approval for these deals whenever the supplier and the carrier are connected — one controls the other, or both are controlled by the same party; and/or (3) letting the FCC require that some or all of these deals go through competitive bidding, under terms and rules the FCC sets as necessary for the public interest. (b) Exclusive dealing contracts — The FCC must also examine every contract of a common carrier under this chapter that stops the other party from doing business with a different common carrier under this chapter. It must report its findings to Congress, along with its recommendation on whether more legislation is needed on this subject.
the actual law source: uscode.house.gov ↗public domain
(a) Access to records and documents

The Commission shall examine into transactions entered into by any common carrier which relate to the furnishing of equipment, supplies, research, services, finances, credit, or personnel to such carrier and/or which may affect the charges made or to be made and/or the services rendered or to be rendered by such carrier, in wire or radio communication subject to this chapter, and shall report to the Congress whether any such transactions have affected or are likely to affect adversely the ability of the carrier to render adequate service to the public, or may result in any undue or unreasonable increase in charges or in the maintenance of undue or unreasonable charges for such service; and in order to fully examine into such transactions the Commission shall have access to and the right of inspection and examination of all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, of persons furnishing such equipment, supplies, research, services, finances, credit, or personnel. The Commission shall include in its report its recommendations for necessary legislation in connection with such transactions, and shall report specifically whether in its opinion legislation should be enacted (1) authorizing the Commission to declare any such transactions void or to permit such transactions to be carried out subject to such modification of their terms and conditions as the Commission shall deem desirable in the public interest; and/or (2) subjecting such transactions to the approval of the Commission where the person furnishing or seeking to furnish the equipment, supplies, research, services, finances, credit, or personnel is a person directly or indirectly controlling or controlled by, or under direct or indirect common control with, such carrier; and/or (3) authorizing the Commission to require that all or any transactions of carriers involving the furnishing of equipment, supplies, research, services, finances, credit, or personnel to such carrier be upon competitive bids on such terms and conditions and subject to such regulations as it shall prescribe as necessary in the public interest.

(b) Exclusive dealing contracts

The Commission shall examine all contracts of common carriers subject to this chapter which prevent the other party thereto from dealing with another common carrier subject to this chapter, and shall report its findings to Congress, together with its recommendations as to whether additional legislation on this subject is desirable.

Source credit: (June 19, 1934, ch. 652, title II, § 215, 48 Stat. 1076; Pub. L. 115–141, div. P, title IV, § 402(i)(2), Mar. 23, 2018, 132 Stat. 1089.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1076
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1089

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

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