47 U.S.C. § 345 — Protection of survivors of domestic violence, human trafficking, and related crimes
submitted 92 years ago by Pub. L. 117-223 to r/title-47-TELECOMMUNICATIONS · 1,804 words · no verdicts yet
Survivors of domestic violence, trafficking, and similar crimes can split their phone line from a shared account. Phone companies must split lines within two business days, without fees or the abuser's approval. Survivors submit proof of abuse, and the company must keep that proof confidential.
(a) Definitions — An "abuser" is someone who committed or is accused of committing a "covered act" against a survivor or someone in a survivor's care. A "covered act" means conduct that is domestic violence, dating violence, sexual assault, stalking, sex trafficking, or a similar crime under section 12291(a) of title 34; conduct described in section 7102(11) or (12) of title 22 (severe trafficking or sex trafficking); or a similar offense under state* law, tribal law, or military law. No criminal conviction is required for something to count as a covered act. A "covered provider" is a company offering private or commercial mobile phone service. A "primary account holder" is someone who signed the mobile service contract. A "shared mobile service contract" is a plan covering two or more people, but not business/enterprise service plans. A "survivor" is someone at least 18 years old who a covered act was committed or allegedly committed against, or who cares for such a person (as long as the caregiver is not the one who committed the act).
(b) Separation of lines — Within two business days of getting a complete request under (c), a phone company must either separate the survivor's line (and the line of anyone in the survivor's care) from a shared plan, or separate the abuser's line from it. Except in the limited cases listed in (5)-(7), the company cannot make this separation depend on anything beyond what (c) requires — not a fee or penalty, not keeping billing ties to the provider, not the primary account holder's approval (if that is not the survivor), not blocking the survivor from keeping their phone number, not blocking separation because of unpaid balances, not raising the primary holder's rate on remaining lines, and not any other requirement not listed in (c). This does not force the company to offer a rate plan that is not otherwise available. The company must let survivors submit their request through secure remote means, if that is commercially available and technically possible. Once the company transfers a phone number to the survivor under (b)(1)(A), the survivor is financially responsible for it going forward, unless a court orders otherwise. Once a number is transferred away from the survivor's account under (b)(1)(B), the survivor owes the old company nothing more for that number or its device. Once a number is transferred to the survivor under (b)(1)(A), the survivor is not responsible for the phone itself, unless the survivor bought the phone or chooses to keep it. If the primary account holder is not the survivor, the company must tell the survivor when it plans to formally notify that account holder.
(c) Line separation request — A survivor asking to separate a line must submit a request that: verifies the covered act, using either a signed statement from a doctor, mental-health provider, social worker, victim-services provider, or a court employee (each acting within their job), or an official record such as a police report, statements to a judge, charging papers, or a protective order; if the survivor wants their own line separated, states that they are the one using that line; if the survivor wants a line of someone in their care separated, includes an affidavit stating that the person is in the survivor's care and uses that line; and asks for the specific kind of separation and names which lines should be separated. The company must clearly tell the survivor it may contact them to confirm the separation or explain why it could not be done, and must do so remotely if that is commercially available and technically possible, letting the survivor choose how to be contacted. This section does not override any state law that protects survivors with less strict proof requirements than this section has.
(d) Confidential treatment — The company and its staff, vendors, and agents must treat anything a survivor submits under (c) as confidential and must securely dispose of it within 90 days of receiving it. The company may still keep, longer than 90 days, a record proving that the survivor met the conditions for the request.
(e) Availability of information — The company must make information about this process easy to find, on its website, in its app, in physical stores, and in other public communications with customers.
(f) Technical infeasibility — If a company cannot actually make the separation happen, this requirement does not apply to it. In that case, the company must tell the survivor — right when the request comes in, or, for a remote request, within two business days — and must explain other options, including starting a brand-new line of service.
(g) Liability protection — The company and its staff, vendors, and agents cannot be sued over actions or failures to act tied to following this section and its rules. This does not limit the FCC's power to enforce this section or its own rules under it.
In this section:
The term “abuser” means an individual who has committed or allegedly committed a covered act against—
an individual who seeks relief under subsection (b); or
an individual in the care of an individual who seeks relief under subsection (b).
The term “covered act” means conduct that constitutes—
a crime described in section 12291(a)of title 34, including domestic violence, dating violence, sexual assault, stalking, and sex trafficking;
an act or practice described in paragraph (11) or (12) of section 7102 of title 22 (relating to severe forms of trafficking in persons and sex trafficking, respectively); or
an act under State* law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in clause (i) or (ii).
Nothing in subparagraph (A) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act.
The term “covered provider” means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d) of this title.
The term “primary account holder” means an individual who is a party to a mobile service contract with a covered provider.
The term “shared mobile service contract”—
means a mobile service contract for an account that includes not less than 2 consumers; and
does not include enterprise services offered by a covered provider.
The term “survivor” means an individual who is not less than 18 years old and—
against whom a covered act has been committed or allegedly committed; or
who cares for another individual against whom a covered act has been committed or allegedly committed (provided that the individual providing care did not commit or allegedly commit the covered act).
Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line—
separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or
separate the line of the abuser from the shared mobile service contract.
Except as provided in paragraphs (5) through (7), a covered provider may not make separation of a line from a shared mobile service contract under paragraph (1) contingent on any requirement other than the requirements under subsection (c), including—
payment of a fee, penalty, or other charge;
maintaining contractual or billing responsibility of a separated line with the provider;
approval of separation by the primary account holder, if the primary account holder is not the survivor;
a prohibition or limitation, including one described in subparagraph (A), on number portability, provided such portability is technically feasible, or a request to change phone numbers;
a prohibition or limitation on the separation of lines as a result of arrears accrued by the account;
an increase in the rate charged for the mobile service plan of the primary account holder with respect to service on any remaining line or lines; or
any other limitation or requirement not listed under subsection (c).
Nothing in paragraph (2) shall be construed to require a covered provider to provide a rate plan for the primary account holder that is not otherwise commercially available.
A covered provider shall offer a survivor the ability to submit a line separation request under subsection (c) through secure remote means that are easily navigable, provided that remote options are commercially available and technically feasible.
Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and use of a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless ordered otherwise by a court, the survivor shall assume financial responsibility, including for monthly service costs, for the transferred telephone number or numbers.
Notwithstanding paragraph (2), upon the transfer of a telephone number under paragraph (1)(B) in response to a line separation request submitted by a survivor under subsection (c), the survivor shall have no further financial responsibilities to the transferring covered provider for the services provided by the transferring covered provider for the telephone number or for any mobile device associated with the telephone number.
Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless otherwise ordered by a court, the survivor shall not assume financial responsibility for any mobile device associated with the separated line, unless the survivor purchased the mobile device, or affirmatively elects to maintain possession of the mobile device.
If a covered provider separates a line from a shared mobile service contract under paragraph (1) and the primary account holder is not the survivor, the covered provider shall notify the survivor of the date on which the covered provider intends to give any formal notice to the primary account holder.
In the case of a survivor seeking to separate a line from a shared mobile service contract, the survivor shall submit to the covered provider a line separation request that—
verifies that an individual who uses a line under the shared mobile service contract has committed or allegedly committed a covered act against the survivor or an individual in the survivor’s care, by providing—
a copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, victim services provider, or licensed military victim services provider, or an employee of a court, acting within the scope of that person’s employment; or
a copy of a police report, statements provided by police, including military police, to magistrates or judges, charging documents, protective or restraining orders, military protective orders, or any other official record that documents the covered act;
in the case of relief sought under subsection (b)(1)(A), with respect to—
a line used by the survivor that the survivor seeks to have separated, states that the survivor is the user of that specific line; and
a line used by an individual in the care of the survivor that the survivor seeks to have separated, includes an affidavit setting forth that the individual—
is in the care of the survivor; and
is the user of that specific line; and
requests relief under subparagraph (A) or (B) of subsection (b)(1) and identifies each line that should be separated.
A covered provider shall notify a survivor seeking relief under subsection (b) in clear and accessible language that the covered provider may contact the survivor, or designated representative of the survivor, to confirm the line separation, or if the covered provider is unable to complete the line separation for any reason, pursuant to subparagraphs (B) and (C).
A covered provider shall notify a survivor under subparagraph (A) through remote means, provided that remote means are commercially available and technically feasible.
When completing a line separation request submitted by a survivor through remote means under paragraph (1), a covered provider shall allow the survivor to elect in the manner in which the covered provider may—
contact the survivor, or designated representative of the survivor, in response to the request, if necessary; or
notify the survivor, or designated representative of the survivor, of the inability of the covered provider to complete the line separation.
This subsection shall not affect any law or regulation of a State providing communications protections for survivors (or any similar category of individuals) that has less stringent requirements for providing evidence of a covered act (or any similar category of conduct) than this subsection.
Notwithstanding section 222(c)(2) of this title, a covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information.
Nothing in paragraph (1) shall be construed to prohibit a covered provider from maintaining, for longer than the period specified in that paragraph, a record that verifies that a survivor fulfilled the conditions of a line separation request under subsection (c).
A covered provider shall make information about the options and process described in subsections (b) and (c) readily available to consumers—
on the website and the mobile application of the provider;
in physical stores; and
in other forms of public-facing consumer communication.
The requirement to effectuate a line separation request pursuant to subsection (b)(1) shall not apply to a covered provider if the covered provider cannot operationally or technically effectuate the request.
If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall—
notify the survivor who submitted the request of that infeasibility—
at the time of the request; or
in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and
provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service.
A covered provider and any officer, director, employee, vendor, or agent thereof shall not be subject to liability for any claims deriving from an action taken or omission made with respect to compliance with this section and the rules adopted to implement this section.
Nothing in this subsection shall limit the authority of the Commission to enforce this section or any rules or regulations promulgated by the Commission pursuant to this section.
Source credit: (June 19, 1934, ch. 652, title III, § 345, as added Pub. L. 117–223, § 4, Dec. 7, 2022, 136 Stat. 2280.)
- 1934Enacted · Pub. L. 117-223 · 136 Stat. 2280
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-223 on 1934-06-19.
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