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

Summary

As long as sections 225 and 301 are followed, the federal Commission will not take over rules about prices, classes, practices, services, facilities, or similar matters for telephone exchange service (wired, mobile, or point-to-point radio) when a State commission or local government already regulates those things, even if part of the service crosses state or foreign lines. For wire telephone carriers, the Commission can decide which of a carrier’s property is used for interstate or foreign telephone toll service. It must hold a hearing and tell the carrier and the State commission (or the Governor if the State has no commission) and others it names. After that, the Commission may choose to value only the property used for interstate or foreign toll service.

Title 47, §221

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

(a)

(b)Subject to the provisions of section 225 and 301 of this title, nothing in this chapter shall be construed to apply, or to give the Commission jurisdiction, with respect to charges, classifications, practices, services, facilities, or regulations for or in connection with wire, mobile, or point-to-point radio telephone exchange service, or any combination thereof, even though a portion of such exchange service constitutes interstate or foreign communication, in any case where such matters are subject to regulation by a State commission or by local governmental authority.

(c)For the purpose of administering this chapter as to carriers engaged in wire telephone communication, the Commission may classify the property of any such carrier used for wire telephone communication, and determine what property of said carrier shall be considered as used in interstate or foreign telephone toll service. Such classification shall be made after hearing, upon notice to the carrier, the State commission (or the Governor, if the State has no State commission) of any State in which the property of said carrier is located, and such other persons as the Commission may prescribe.

(d)In making a valuation of the property of any wire telephone carrier the Commission, after making the classification authorized in this section, may in its discretion value only that part of the property of such carrier determined to be used in interstate or foreign telephone toll service.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b) 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

1996—Subsec. (a). Pub. L. 104–104 struck out subsec. (a) relating to notification of State Governor and State commission, public hearing, and certification. 1990—Subsec. (b). Pub. L. 101–336 substituted “section 225 and 301” for “section 301”. 1956—Subsec. (a). Act Aug. 2, 1956, inserted provisions relating to submission of comments by parties and required a public hearing upon request, in lieu of former provisions requiring hearing upon application. 1954—Subsec. (b). Act Apr. 27, 1954, included mobile or point-to-point radio telephone exchange service within exclusions provided for in such subsection, where it is subject to regulation by a State commission or by local governmental authority, and made it clear that the Commission retains its licensing authority over the radio stations that might be involved in such service.

§221 Consolidations and mergers of telephone companies