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47 U.S.C. § 262Ensuring the integrity of voice communications

submitted 92 years ago by Pub. L. 115-129 to r/title-47-TELECOMMUNICATIONS · 658 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law makes companies that carry phone calls between other companies register with the FCC. It sets quality standards these "intermediate providers" must follow. Phone providers can only use registered intermediate providers to carry calls.

(a) Registration and compliance by intermediate providers. Any "intermediate provider" that offers to carry, or holds itself out as carrying, covered voice calls from one point to another, and charges any entity (even one it's affiliated with) for that transmission, must register with the FCC and follow service-quality standards the FCC will set. (b) Required use of registered intermediate providers. A "covered provider" (the company that actually serves the calling or called customer) can't use an intermediate provider to carry these calls unless that intermediate provider is registered. (c) Commission rules. Within 180 days of February 26, 2018, the FCC had to make rules setting up a public registry for these registrations. Within 1 year of that date, it had to make rules setting service-quality standards for how intermediate providers carry these calls. In writing these rules, the FCC must make sure call quality stays solid for every customer in the country, and must stop unfair or unreasonable discrimination between different areas of the country in how well their calls get through. (d) Public registry. The FCC must make the registry publicly available on its website. (e) Scope. These rules apply no matter what technology, format, or protocol is used to make the call, and no matter how the call or service is officially classified. (f) Rule of construction. Nothing in this section changes how any communication or service is otherwise classified. (g) Effect on other laws. This section doesn't take away or add to a state public utility commission's power to gather data, or to investigate and enforce state law, about calls that stay within one state — no matter the technology, format, or classification used. (h) Exception. A covered provider doesn't have to follow the quality standards in subsection (c)(1)(B) if, by one year after February 26, 2018, it had already certified as a "Safe Harbor" provider under a specific FCC rule (47 C.F.R. § 64.2107(a)) and it keeps meeting that rule's requirements. (i) Definitions. "Covered provider" means whatever that term is defined to mean in the FCC's rule 47 C.F.R. § 64.2101, or any rule that replaces it. A "covered voice communication" is a voice call (and its related signaling information) made from, or to, a phone number that uses the North American Numbering Plan, through a service run by a covered provider. An "intermediate provider" is a company that makes a business deal with a covered provider (or another intermediate provider) specifically to carry, route, or transmit voice calls placed from or to a North American Numbering Plan phone number — but only if that company doesn't itself act as the covered provider originating or ending that particular call.
the actual law source: uscode.house.gov ↗public domain
(a) Registration and compliance by intermediate providers

An intermediate provider that offers or holds itself out as offering the capability to transmit covered voice communications from one destination to another and that charges any rate to any other entity (including an affiliated entity) for the transmission shall—

(1)

register with the Commission; and

(2)

comply with the service quality standards for such transmission to be established by the Commission under subsection (c)(1)(B).

(b) Required use of registered intermediate providers

A covered provider may not use an intermediate provider to transmit covered voice communications unless such intermediate provider is registered under subsection (a)(1).

(c) Commission rules
(1) In general
(A) Registry

Not later than 180 days after February 26, 2018, the Commission shall promulgate rules to establish a registry to record registrations under subsection (a)(1).

(B) Service quality standards

Not later than 1 year after February 26, 2018, the Commission shall promulgate rules to establish service quality standards for the transmission of covered voice communications by intermediate providers.

(2) Requirements

In promulgating the rules required by paragraph (1), the Commission shall—

(A)

ensure the integrity of the transmission of covered voice communications to all customers in the United States; and

(B)

prevent unjust or unreasonable discrimination among areas of the United States in the delivery of covered voice communications.

(d) Public availability of registry

The Commission shall make the registry established under subsection (c)(1)(A) publicly available on the website of the Commission.

(e) Scope of application

The requirements of this section shall apply regardless of the format by which any communication or service is provided, the protocol or format by which the transmission of such communication or service is achieved, or the regulatory classification of such communication or service.

(f) Rule of construction

Nothing in this section shall be construed to affect the regulatory classification of any communication or service.

(g) Effect on other laws

Nothing in this section shall be construed to preempt or expand the authority of a State public utility commission or other relevant State agency to collect data, or investigate and enforce State law and regulations, regarding the completion of intrastate voice communications, regardless of the format by which any communication or service is provided, the protocol or format by which the transmission of such communication or service is achieved, or the regulatory classification of such communication or service.

(h) Exception

The requirement under subsection (a)(2) to comply with the service quality standards established under subsection (c)(1)(B) shall not apply to a covered provider that—

(1)

on or before the date that is 1 year after February 26, 2018, has certified as a Safe Harbor provider under section 64.2107(a) of title 47, Code of Federal Regulations, or any successor regulation; and

(2)

continues to meet the requirements under such section 64.2107(a).

(i) Definitions

In this section:

(1) Covered provider

The term “covered provider” has the meaning given the term in section 64.2101 of title 47, Code of Federal Regulations, or any successor thereto.

(2) Covered voice communication

The term “covered voice communication” means a voice communication (including any related signaling information) that is generated—

(A)

from the placement of a call from a connection using a North American Numbering Plan resource or a call placed to a connection using such a numbering resource; and

(B)

through any service provided by a covered provider.

(3) Intermediate provider

The term “intermediate provider” means any entity that—

(A)

enters into a business arrangement with a covered provider or other intermediate provider for the specific purpose of carrying, routing, or transmitting voice traffic that is generated from the placement of a call placed—

(i)

from an end user connection using a North American Numbering Plan resource; or

(ii)

to an end user connection using such a numbering resource; and

(B)

does not itself, either directly or in conjunction with an affiliate, serve as a covered provider in the context of originating or terminating a given call.

Source credit: (June 19, 1934, ch. 652, title II, § 262, as added Pub. L. 115–129, § 2, Feb. 26, 2018, 132 Stat. 329.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 115-129 · 132 Stat. 329

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-129 on 1934-06-19.

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