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47 U.S.C. § 260Provision of telemessaging service

submitted 92 years ago by Pub. L. 104-104 to r/title-47-TELECOMMUNICATIONS · 213 words · no verdicts yet

in plain englishAI-generated · not legal advice

A phone company offering voicemail-type "telemessaging" services cannot use its phone business to unfairly help that side. The FCC must handle complaints about this quickly, within 120 days. It can order the company to stop the violation within 60 days if the complaint looks valid.

(a) Nondiscrimination safeguards. A local exchange carrier that must open its network under section 251(c) and that also offers telemessaging service - things like voicemail and live-operator message services - cannot (1) use money from its phone exchange or exchange access business to subsidize its telemessaging service, and cannot (2) favor or discriminate in favor of its own telemessaging operations when it provides telecommunications services. (b) Expedited consideration of complaints. The Commission must set up a process for handling complaints that a carrier broke these rules and caused real financial harm to a telemessaging competitor. The Commission must issue a final decision within 120 days of getting the complaint. If the complaint makes an adequate initial showing of a violation, the Commission must, within 60 days, order the carrier and its affiliates to stop the violation while the final decision is pending. (c) "Telemessaging service" defined. This term covers voicemail and voice storage-and-retrieval services, any live-operator service that records, transcribes, or relays messages (other than telecommunications relay services for people with disabilities), and any related services offered alongside those.
the actual law source: uscode.house.gov ↗public domain
(a) Nondiscrimination safeguards

Any local exchange carrier subject to the requirements of section 251(c) of this title that provides telemessaging service—

(1)

shall not subsidize its telemessaging service directly or indirectly from its telephone exchange service or its exchange access; and

(2)

shall not prefer or discriminate in favor of its telemessaging service operations in its provision of telecommunications services.

(b) Expedited consideration of complaints

The Commission shall establish procedures for the receipt and review of complaints concerning violations of subsection (a) or the regulations thereunder that result in material financial harm to a provider of telemessaging service. Such procedures shall ensure that the Commission will make a final determination with respect to any such complaint within 120 days after receipt of the complaint. If the complaint contains an appropriate showing that the alleged violation occurred, the Commission shall, within 60 days after receipt of the complaint, order the local exchange carrier and any affiliates to cease engaging in such violation pending such final determination.

(c) “Telemessaging service” defined

As used in this section, the term “telemessaging service” means voice mail and voice storage and retrieval services, any live operator services used to record, transcribe, or relay messages (other than telecommunications relay services), and any ancillary services offered in combination with these services.

Source credit: (June 19, 1934, ch. 652, title II, § 260, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 79.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 104-104 · 110 Stat. 79

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-104 on 1934-06-19.

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