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

Summary

Carriers that send messages across state lines or to other countries must file and keep public price lists with the Commission. These lists must show all charges (including charges that involve connecting carriers), and the rules and classes that affect those charges. Carriers must print the lists, post them where the public can see them, give them to any connecting carrier, and show when the prices take effect. Any change to a filed price or rule must be announced to the Commission and the public at least 120 days before it starts. The Commission can change filing rules for special cases, but it cannot require more than a 120-day notice. No carrier may offer service unless the required lists are filed and published. Carriers must charge only what the current filed list says. They cannot give refunds, different prices, or extra privileges unless the filed list allows it. The Commission can refuse any list that does not lawfully show its start date; a refused list is void and using it is illegal. A carrier that breaks these rules must pay $6,000 for each offense and $300 for every day the violation continues.

Title 47, §203

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

(a)Every common carrier, except connecting carriers, shall, within such reasonable time as the Commission shall designate, file with the Commission and print and keep open for public inspection schedules showing all charges for itself and its connecting carriers for interstate and foreign wire or radio communication between the different points on its own system, and between points on its own system and points on the system of its connecting carriers or points on the system of any other carrier subject to this chapter when a through route has been established, whether such charges are joint or separate, and showing the classifications, practices, and regulations affecting such charges. Such schedules shall contain such other information, and be printed in such form, and be posted and kept open for public inspection in such places, as the Commission may by regulation require, and each such schedule shall give notice of its effective date; and such common carrier shall furnish such schedules to each of its connecting carriers, and such connecting carriers shall keep such schedules open for inspection in such public places as the Commission may require.

(b)(1)No change shall be made in the charges, classifications, regulations, or practices which have been so filed and published except after one hundred and twenty days notice to the Commission and to the public, which shall be published in such form and contain such information as the Commission may by regulations prescribe.

(2)The Commission may, in its discretion and for good cause shown, modify any requirement made by or under the authority of this section either in particular instances or by general order applicable to special circumstances or conditions except that the Commission may not require the notice period specified in paragraph (1) to be more than one hundred and twenty days.

(c)No carrier, unless otherwise provided by or under authority of this chapter, shall engage or participate in such communication unless schedules have been filed and published in accordance with the provisions of this chapter and with the regulations made thereunder; and no carrier shall (1) charge, demand, collect, or receive a greater or less or different compensation for such communication, or for any service in connection therewith, between the points named in any such schedule than the charges specified in the schedule then in effect, or (2) refund or remit by any means or device any portion of the charges so specified, or (3) extend to any person any privileges or facilities in such communication, or employ or enforce any classifications, regulations, or practices affecting such charges, except as specified in such schedule.

(d)The Commission may reject and refuse to file any schedule entered for filing which does not provide and give lawful notice of its effective date. Any schedule so rejected by the Commission shall be void and its use shall be unlawful.

(e)In case of failure or refusal on the part of any carrier to comply with the provisions of this section or of any regulation or order made by the Commission thereunder, such carrier shall forfeit to the United States the sum of $6,000 for each such offense, and $300 for each and every day of the continuance of such offense.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), 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

1990—Subsec. (b). Pub. L. 101–396 substituted “one hundred and twenty days” for “ninety days” in pars. (1) and (2). 1989—Subsec. (e). Pub. L. 101–239 substituted “$6,000” for “$500” and “$300” for “$25”. 1976—Subsec. (b). Pub. L. 94–376 designated existing provisions as par. (1), substituted “after ninety days notice” for “after thirty days’ notice”, and struck out provision that the Commission may, in its discretion and for good cause shown, modify the requirements made by or under authority of this section in particular instances or by a general order applicable to special circumstances or conditions, and added par. (2).

§203 Schedules of charges