§201 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

Common carriers that send messages by wire or radio must provide service when someone reasonably asks for it. If the federal communications agency decides, after a hearing, that it’s needed for the public good, carriers must link with other carriers, set up through-routes, agree on charges and how to split them, and provide the equipment and rules to run those routes. All rates, practices, classes, and rules must be fair; unfair ones are illegal. The agency can create classes (for example, day or night, repeated or unrepeated, letter, commercial, press, government) and allow different prices for each. Covered carriers may contract with carriers not covered if the agency finds it not against the public interest. Carriers may give ship-position reports to newspapers free or for a small fee if the carrier’s name is shown. The agency can make other rules needed to enforce these points.

Title 47, §201

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)It shall be the duty of every common carrier engaged in interstate or foreign communication by wire or radio to furnish such communication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases where the Commission, after opportunity for hearing, finds such action necessary or desirable in the public interest, to establish physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes.

(b)All charges, practices, classifications, and regulations for and in connection with such communication service, shall be just and reasonable, and any such charge, practice, classification, or regulation that is unjust or unreasonable is declared to be unlawful: Provided, That communications by wire or radio subject to this chapter may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government, and such other classes as the Commission may decide to be just and reasonable, and different charges may be made for the different classes of communications: Provided further, That nothing in this chapter or in any other provision of law shall be construed to prevent a common carrier subject to this chapter from entering into or operating under any contract with any common carrier not subject to this chapter, for the exchange of their services, if the Commission is of the opinion that such contract is not contrary to the public interest: Provided further, That nothing in this chapter or in any other provision of law shall prevent a common carrier subject to this chapter from furnishing reports of positions of ships at sea to newspapers of general circulation, either at a nominal charge or without charge, provided the name of such common carrier is displayed along with such ship position reports. The Commission may prescribe such rules and regulations as may be necessary in the public interest to carry out the provisions of this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Amendments

1938—Subsec. (b). Act May 31, 1938, inserted proviso relating to reports of positions of ships at sea.

Statutory Notes and Related Subsidiaries

Telephone Rates for Members of Armed Forces Deployed Abroad Pub. L. 109–459, § 2, Dec. 22, 2006, 120 Stat. 3399, provided that: “(a) In General.—The Federal Communications Commission shall take such action as may be necessary to reduce the cost of calling home for Armed Forces personnel who are stationed outside the United States under official military orders or deployed outside the United States in support of military operations, training exercises, or other purposes as approved by the Secretary of Defense, including the reduction of such costs through the waiver of government fees, assessments, or other charges for such calls. The Commission may not regulate rates in order to carry out this section. “(b) Factors To Consider.—In taking the action described in subsection (a), the Commission, in coordination with the Department of Defense and the Department of State, shall—“(1) evaluate and analyze the costs to Armed Forces personnel of such telephone calls to and from American military bases abroad; “(2) evaluate methods of reducing the rates imposed on such calls, including deployment of new technology such as voice over Internet protocol or other Internet protocol technology; “(3) encourage telecommunications carriers (as defined in section 3(44) of the Communications Act of 1934 (47 U.S.C. 153(44) [now 153(51)])) to adopt flexible billing procedures and policies for Armed Forces personnel and their dependents for telephone calls to and from such Armed Forces personnel; and “(4) seek agreements with foreign governments to reduce international surcharges on such telephone calls. “(c) Definitions.—In this section:“(1) Armed forces.—The term ‘Armed Forces’ has the meaning given that term by section 2101(2) of title 5, United States Code. “(2) Military base.—The term ‘military base’ includes official duty stations to include vessels, whether such vessels are in port or underway outside of the United States.” Pub. L. 102–538, title II, § 213, Oct. 27, 1992, 106 Stat. 3545, which required the Federal Communications Commission to make efforts to reduce telephone rates for Armed Forces personnel in certain countries, was repealed by Pub. L. 109–459, § 3, Dec. 22, 2006, 120 Stat. 3400.

§201 Service and charges