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47 U.S.C. § 221Consolidations and mergers of telephone companies

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 263 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section limits the Commission's power over local telephone exchange service that a state or local government already regulates. It also lets the Commission classify a wire telephone carrier's property to figure out what portion is used for interstate or foreign toll service, and lets the Commission value only that interstate portion. An earlier part of this section, subsection (a), has been repealed.

(a) [Repealed.] (b) State jurisdiction over services: Subject to sections 225 and 301 of this title, nothing in this chapter gives the Commission authority over charges, classifications, practices, services, facilities, or rules connected to wire, mobile, or point-to-point radio telephone exchange service — even if part of that exchange service crosses state or national lines — whenever a state commission or local government already regulates those same matters. (c) Determination of property used in interstate toll service: For carriers that provide wire telephone communication, the Commission can classify a carrier's property and decide what part of it counts as used for interstate or foreign telephone toll service. The Commission can only make that classification after a hearing, with notice to the carrier, to the state commission (or the governor, if the state has no state commission) of any state where the carrier's property sits, and to anyone else the Commission decides to notify. (d) Valuation of property: After making that classification, the Commission can choose, at its discretion, to value only the part of a wire telephone carrier's property that it determined is used for interstate or foreign telephone toll service.
the actual law source: uscode.house.gov ↗public domain
(a) Repealed. Pub. L. 104–104, title VI, § 601(b)(2), Feb. 8, 1996, 110 Stat. 143

(b) State jurisdiction over services

Subject to the provisions of sections 225 and 301 of this title, nothing in this chapter shall be construed to apply, or to give the Commission jurisdiction, with respect to charges, classifications, practices, services, facilities, or regulations for or in connection with wire, mobile, or point-to-point radio telephone exchange service, or any combination thereof, even though a portion of such exchange service constitutes interstate or foreign communication, in any case where such matters are subject to regulation by a State commission or by local governmental authority.

(c) Determination of property used in interstate toll service

For the purpose of administering this chapter as to carriers engaged in wire telephone communication, the Commission may classify the property of any such carrier used for wire telephone communication, and determine what property of said carrier shall be considered as used in interstate or foreign telephone toll service. Such classification shall be made after hearing, upon notice to the carrier, the State commission (or the Governor, if the State has no State commission) of any State in which the property of said carrier is located, and such other persons as the Commission may prescribe.

(d) Valuation of property

In making a valuation of the property of any wire telephone carrier the Commission, after making the classification authorized in this section, may in its discretion value only that part of the property of such carrier determined to be used in interstate or foreign telephone toll service.

Source credit: (June 19, 1934, ch. 652, title II, § 221, 48 Stat. 1080; Apr. 27, 1954, ch. 175, § 4, 68 Stat. 64; Aug. 2, 1956, ch. 874, § 3, 70 Stat. 932; Pub. L. 101–336, title IV, § 401(b)(2), July 26, 1990, 104 Stat. 369; Pub. L. 104–104, title VI, § 601(b)(2), Feb. 8, 1996, 110 Stat. 143.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1080
  • 1954Amended · Act of Apr. 27, 1954, ch. 175 · 68 Stat. 64
  • 1956Amended · Act of Aug. 2, 1956, ch. 874 · 70 Stat. 932
  • 1990Amended · Pub. L. 101-336 · 104 Stat. 369
  • 1996Amended · Pub. L. 104-104 · 110 Stat. 143

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

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