Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§260 Provision of Telemessaging Service

Title 47 › CHAPTER 5 — WIRE OR RADIO COMMUNICATION › SUBCHAPTER II — COMMON CARRIERS › Part II — Development of Competitive Markets › § 260

Last updated Sep 22, 2026|Official source

Summary

Local phone companies covered by section 251(c) that offer telemessaging services must not pay for those services out of their regular phone service or the fees for connecting calls. They also must not favor their own telemessaging business when they sell other phone services. The Federal Communications Commission (FCC) must set up a fast complaint process for claims that such conduct caused material financial harm to a telemessaging provider. The FCC must decide within 120 days. If a complaint shows a likely violation, the FCC must order the carrier and its affiliates to stop the conduct within 60 days while the case is decided. "Telemessaging service" means voice mail and message storage/retrieval, certain live operator message services (not including telecommunications relay services), and related add-on services.

Full Legal Text

Title 47, §260

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

(a)Nondiscrimination safeguards
Any local exchange carrier subject to the requirements of section 251(c) of this title that provides telemessaging service—
(1)shall not subsidize its telemessaging service directly or indirectly from its telephone exchange service or its exchange access; and
(2)shall not prefer or discriminate in favor of its telemessaging service operations in its provision of telecommunications services.
(b)Expedited consideration of complaints
The Commission shall establish procedures for the receipt and review of complaints concerning violations of subsection (a) or the regulations thereunder that result in material financial harm to a provider of telemessaging 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, the Commission shall, within 60 days after receipt of the complaint, order the local exchange carrier and any affiliates to cease engaging in such violation pending such final determination.
(c)“Telemessaging service” defined
As used in this section, the term “telemessaging service” means voice mail and voice storage and retrieval services, any live operator services used to record, transcribe, or relay messages (other than telecommunications relay services), and any ancillary services offered in combination with these services.

Reference

Citations & Metadata

Citation

47 U.S.C. § 260

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110