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47 U.S.C. § 275Alarm monitoring services

submitted 92 years ago by Pub. L. 104-104 to r/title-47-TELECOMMUNICATIONS · 543 words · no verdicts yet

in plain englishAI-generated · not legal advice

Local phone companies called Bell operating companies can't offer home alarm monitoring for 5 years after February 8, 1996. An exception lets companies keep offering it if they already did before November 30, 1995. The law also bans unfair pricing, misuse of call data, and defines "alarm monitoring service."

(a) Delayed entry into alarm monitoring: (1) Prohibition: No Bell operating company or its affiliate can provide alarm monitoring services before the date that is 5 years after February 8, 1996. (2) Existing activities: This does not stop a Bell operating company from continuing to provide alarm monitoring, directly or through an affiliate, if it was already doing so as of November 30, 1995. But between November 30, 1995 and the 5-year mark, that company or affiliate cannot acquire an equity interest in, or gain financial control of, any unaffiliated alarm monitoring business — except that it can still exchange customers with an unaffiliated alarm monitoring company. (b) Nondiscrimination: An incumbent local exchange carrier (as section 251(h) defines it) that already provides alarm monitoring services must (1) give unaffiliated companies, on reasonable request, the same network services it gives its own alarm monitoring operations, on nondiscriminatory terms, and (2) not subsidize its alarm monitoring service, directly or indirectly, from its telephone exchange service operations. (c) Expedited consideration of complaints: The Commission must set up procedures for receiving and reviewing complaints about violations of subsection (b) that cause real financial harm to an alarm monitoring provider. The Commission must make a final decision on any such complaint within 120 days. If the complaint shows the violation likely happened, the Commission must, within 60 days of receiving it, order the carrier and its affiliates to stop the violation while the final decision is pending. (d) Use of data: A local exchange carrier cannot record or use, in any way, the fact of or content of calls received by alarm monitoring providers, to market alarm monitoring services on its own behalf or anyone else's. Rules to enforce this had to be issued within 6 months after February 8, 1996. (e) "Alarm monitoring service" defined: This means a service that uses a device at a residence, business, or other fixed location to (1) receive signals from other devices at that location about a possible threat to life, safety, or property — from burglary, fire, vandalism, injury, or other emergency — and (2) send a signal about that threat, using a local exchange carrier's or its affiliate's transmission facilities, to a remote monitoring center, so someone there can alert the customer, another person, or police, fire, rescue, security, or public safety personnel. It does not include a service using a medical monitoring device attached to a person to automatically watch an ongoing medical condition.
the actual law source: uscode.house.gov ↗public domain
(a) Delayed entry into alarm monitoring
(1) Prohibition

No Bell operating company or affiliate thereof shall engage in the provision of alarm monitoring services before the date which is 5 years after February 8, 1996.

(2) Existing activities

Paragraph (1) does not prohibit or limit the provision, directly or through an affiliate, of alarm monitoring services by a Bell operating company that was engaged in providing alarm monitoring services as of November 30, 1995, directly or through an affiliate. Such Bell operating company or affiliate may not acquire any equity interest in, or obtain financial control of, any unaffiliated alarm monitoring service entity after November 30, 1995, and until 5 years after February 8, 1996, except that this sentence shall not prohibit an exchange of customers for the customers of an unaffiliated alarm monitoring service entity.

(b) Nondiscrimination

An incumbent local exchange carrier (as defined in section 251(h) of this title) engaged in the provision of alarm monitoring services shall—

(1)

provide nonaffiliated entities, upon reasonable request, with the network services it provides to its own alarm monitoring operations, on nondiscriminatory terms and conditions; and

(2)

not subsidize its alarm monitoring services either directly or indirectly from telephone exchange service operations.

(c) Expedited consideration of complaints

The Commission shall establish procedures for the receipt and review of complaints concerning violations of subsection (b) or the regulations thereunder that result in material financial harm to a provider of alarm monitoring 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, as determined by the Commission in accordance with such regulations, the Commission shall, within 60 days after receipt of the complaint, order the incumbent local exchange carrier (as defined in section 251(h) of this title) and its affiliates to cease engaging in such violation pending such final determination.

(d) Use of data

A local exchange carrier may not record or use in any fashion the occurrence or contents of calls received by providers of alarm monitoring services for the purposes of marketing such services on behalf of such local exchange carrier, or any other entity. Any regulations necessary to enforce this subsection shall be issued initially within 6 months after February 8, 1996.

(e) “Alarm monitoring service” defined

The term “alarm monitoring service” means a service that uses a device located at a residence, place of business, or other fixed premises—

(1)

to receive signals from other devices located at or about such premises regarding a possible threat at such premises to life, safety, or property, from burglary, fire, vandalism, bodily injury, or other emergency, and

(2)

to transmit a signal regarding such threat by means of transmission facilities of a local exchange carrier or one of its affiliates to a remote monitoring center to alert a person at such center of the need to inform the customer or another person or police, fire, rescue, security, or public safety personnel of such threat,

but does not include a service that uses a medical monitoring device attached to an individual for the automatic surveillance of an ongoing medical condition.

Source credit: (June 19, 1934, ch. 652, title II, § 275, as added Pub. L. 104–104, title I, § 151(a), Feb. 8, 1996, 110 Stat. 105.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 104-104 · 110 Stat. 105

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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