Title 47 — Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

Local phone companies that must follow section 251(c) must not pay for their telemessaging service using money from regular phone service or access charges. They also must not give unfair advantages to their own telemessaging business when offering other telecom services. The Commission (the FCC) must set up a complaint process for cases that cause material financial harm to a telemessaging provider. The Commission must decide within 120 days. If a complaint shows the problem likely happened, the Commission must order the phone company and its affiliates to stop the practice within 60 days while it finishes the decision. "Telemessaging service" means voicemail, voice storage and retrieval, live operator message services (not telecommunications relay services), and related add-on services.

Full Legal Text

Title 47, §260

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

(a)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)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)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

Apr 5, 2026

Release point: 119-73not60