
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC152]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 152. Application of chapter

    (a) The provisions of this chapter shall apply to all interstate and 
foreign communication by wire or radio and all interstate and foreign 
transmission of energy by radio, which originates and/or is received 
within the United States, and to all persons engaged within the United 
States in such communication or such transmission of energy by radio, 
and to the licensing and regulating of all radio stations as hereinafter 
provided; but it shall not apply to persons engaged in wire or radio 
communication or transmission in the Canal Zone, or to wire or radio 
communication or transmission wholly within the Canal Zone. The 
provisions of this chapter shall apply with respect to cable service, to 
all persons engaged within the United States in providing such service, 
and to the facilities of cable operators which relate to such service, 
as provided in subchapter V-A.
    (b) Except as provided in sections 223 through 227 of this title, 
inclusive, and section 332 of this title, and subject to the provisions 
of section 301 of this title and subchapter V-A of this chapter, nothing 
in this chapter shall be construed to apply or to give the Commission 
jurisdiction with respect to (1) charges, classifications, practices, 
services, facilities, or regulations for or in connection with 
intrastate communication service by wire or radio of any carrier, or (2) 
any carrier engaged in interstate or foreign communication solely 
through physical connection with the facilities of another carrier not 
directly or indirectly controlling or controlled by, or under direct or 
indirect common control with such carrier, or (3) any carrier engaged in 
interstate or foreign communication solely through connection by radio, 
or by wire and radio, with facilities, located in an adjoining State or 
in Canada or Mexico (where they adjoin the State in which the carrier is 
doing business), of another carrier not directly or indirectly 
controlling or controlled by, or under direct or indirect common control 
with such carrier, or (4) any carrier to which clause (2) or clause (3) 
of this subsection would be applicable except for furnishing interstate 
mobile radio communication service or radio communication service to 
mobile stations on land vehicles in Canada or Mexico; except that 
sections 201 to 205 of this title shall, except as otherwise provided 
therein, apply to carriers described in clauses (2), (3), and (4) of 
this subsection.

(June 19, 1934, ch. 652, title I, Sec. 2, 48 Stat. 1064; Proc. No. 2695, 
eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Apr. 27, 1954, ch. 175, 
Sec. 1, 68 Stat. 63; Pub. L. 95-234, Sec. 5, Feb. 21, 1978, 92 Stat. 35; 
Pub. L. 98-549, Sec. 3(a), Oct. 30, 1984, 98 Stat. 2801; Pub. L. 101-
166, title V, Sec. 521(2), Nov. 21, 1989, 103 Stat. 1193; Pub. L. 101-
336, title IV, Sec. 401(b)(1), July 26, 1990, 104 Stat. 369; Pub. L. 
102-243, Sec. 3(b), Dec. 20, 1991, 105 Stat. 2401; Pub. L. 103-66, title 
VI, Sec. 6002(b)(2)(B)(i), Aug. 10, 1993, 107 Stat. 396.)

                       References in Text

    For definition of Canal Zone, referred to in subsec. (a), see 
section 3602(b) of Title 22, Foreign Relations and Intercourse.

                          Codification

    Words ``the Philippine Islands or'' were omitted from this section 
on authority of Proc. No. 2695, issued pursuant to section 1394 of Title 
22, Foreign Relations and Intercourse, which recognized the independence 
of the Philippine Islands as of July 4, 1946. Proc. No. 2695 is set out 
under section 1394 of Title 22.


                               Amendments

    1993--Subsec. (b). Pub. L. 103-66 inserted ``and section 332 of this 
title,'' after ``inclusive,''.
    1991--Subsec. (b). Pub. L. 102-243 substituted ``Except as provided 
in sections 223 through 227 of this title, inclusive,'' for ``Except as 
provided in section 223 or 224 of this title''.
    1990--Subsec. (b). Pub. L. 101-336, which directed substitution of 
``sections 224 and 225'' for ``section 224'', could not be executed 
because of the intervening amendment by Pub. L. 101-166 which 
substituted ``section 223 or 224'' for ``section 224''. See 1989 
Amendment note below.
    1989--Subsec. (b). Pub. L. 101-166 substituted ``section 223 or 
224'' for ``section 224''.
    1984--Subsec. (a). Pub. L. 98-549, Sec. 3(a)(1), inserted provision 
making this chapter applicable with respect to cable service, to all 
persons engaged within the United States in providing such service, and 
to the facilities of cable operators which relate to such service, as 
provided in subchapter V-A of this chapter.
    Subsec. (b). Pub. L. 98-549, Sec. 3(a)(2), inserted ``and subchapter 
V-A of this chapter'' after ``section 301 of this title''.
    1978--Subsec. (b). Pub. L. 95-234 substituted ``Except as provided 
in section 224 of this title and subject'' for ``Subject''.
    1954--Subsec. (b). Act Apr. 27, 1954, made it clear that intrastate 
communication service, whether by ``wire or radio'', would not be 
subject to the Commission's jurisdiction over charges, classifications, 
etc., and added cls. (3) and (4).


                    Effective Date of 1989 Amendment

    Section 521(3) of Pub. L. 101-166 provided that: ``The amendments 
made by this subsection [probably should be ``section'', which amended 
this section and section 223 of this title] shall take effect 120 days 
after the date of enactment of this Act [Nov. 21, 1989].''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984, 
except where otherwise expressly provided, see section 9(a) of Pub. L. 
98-549, set out as a note under section 521 of this title.


                    Effective Date of 1978 Amendment

    Section 7 of Pub. L. 95-234 provided that: ``The amendments made by 
this Act [enacting section 224 of this title, amending this section and 
sections 503 and 504 of this title, repealing sections 510 of this 
title, and enacting provisions set out as a note under section 609 of 
this title] shall take effect on the thirtieth day after the date of 
enactment of this Act [Feb. 21, 1978]; except that the provisions of 
sections 503(b) and 510 of the Communications Act of 1934 [sections 
503(b) and 510 of this title], as in effect on such date of enactment, 
shall continue to constitute the applicable law with the respect to any 
act or omission which occurs prior to such thirtieth day.''


             Applicability of Consent Decrees and Other Law

    Pub. L. 104-104, title VI, Sec. 601, Feb. 8, 1996, 110 Stat. 143, 
provided that:
    ``(a) Applicability of Amendments to Future Conduct.--
        ``(1) AT&T consent decree.--Any conduct or activity that was, 
    before the date of enactment of this Act [Feb. 8, 1996], subject to 
    any restriction or obligation imposed by the AT&T Consent Decree 
    shall, on and after such date, be subject to the restrictions and 
    obligations imposed by the Communications Act of 1934 [47 U.S.C. 151 
    et seq.] as amended by this Act and shall not be subject to the 
    restrictions and the obligations imposed by such Consent Decree.
        ``(2) GTE consent decree.--Any conduct or activity that was, 
    before the date of enactment of this Act, subject to any restriction 
    or obligation imposed by the GTE Consent Decree shall, on and after 
    such date, be subject to the restrictions and obligations imposed by 
    the Communications Act of 1934 as amended by this Act and shall not 
    be subject to the restrictions and the obligations imposed by such 
    Consent Decree.
        ``(3) McCaw consent decree.--Any conduct or activity that was, 
    before the date of enactment of this Act, subject to any restriction 
    or obligation imposed by the McCaw Consent Decree shall, on and 
    after such date, be subject to the restrictions and obligations 
    imposed by the Communications Act of 1934 as amended by this Act and 
    subsection (d) of this section and shall not be subject to the 
    restrictions and the obligations imposed by such Consent Decree.
    ``(b) Antitrust Laws.--
        ``(1) Savings clause.--Except as provided in paragraphs (2) and 
    (3), nothing in this Act [see Short Title of 1996 Amendment note set 
    out under section 609 of this title] or the amendments made by this 
    Act shall be construed to modify, impair, or supersede the 
    applicability of any of the antitrust laws.
        ``(2) Repeal.--[Amended section 221 of this title.]
        ``(3) Clayton act.--[Amended section 18 of Title 15, Commerce 
    and Trade.]
    ``(c) Federal, State, and Local Law.--
        ``(1) No implied effect.--This Act and the amendments made by 
    this Act shall not be construed to modify, impair, or supersede 
    Federal, State, or local law unless expressly so provided in such 
    Act or amendments.
        ``(2) State tax savings provision.--Notwithstanding paragraph 
    (1), nothing in this Act or the amendments made by this Act shall be 
    construed to modify, impair, or supersede, or authorize the 
    modification, impairment, or supersession of, any State or local law 
    pertaining to taxation, except as provided in sections 622 and 
    653(c) of the Communications Act of 1934 [47 U.S.C. 542, 573(c)] and 
    section 602 of this Act [set out as a note below].
    ``(d) Commercial Mobile Service Joint Marketing.--Notwithstanding 
section 22.903 of the Commission's regulations (47 C.F.R. 22.903) or any 
other Commission regulation, a Bell operating company or any other 
company may, except as provided in sections 271(e)(1) and 272 of the 
Communications Act of 1934 [47 U.S.C. 271(e)(1), 272] as amended by this 
Act as they relate to wireline service, jointly market and sell 
commercial mobile services in conjunction with telephone exchange 
service, exchange access, intraLATA telecommunications service, 
interLATA telecommunications service, and information services.
    ``(e) Definitions.--As used in this section:
        ``(1) AT&T consent decree.--The term `AT&T Consent Decree' means 
    the order entered August 24, 1982, in the antitrust action styled 
    United States v. Western Electric, Civil Action No. 82-0192, in the 
    United States District Court for the District of Columbia, and 
    includes any judgment or order with respect to such action entered 
    on or after August 24, 1982.
        ``(2) GTE consent decree.--The term `GTE Consent Decree' means 
    the order entered December 21, 1984, as restated January 11, 1985, 
    in the action styled United States v. GTE Corp., Civil Action No. 
    83-1298, in the United States District Court for the District of 
    Columbia, and any judgment or order with respect to such action 
    entered on or after December 21, 1984.
        ``(3) McCaw consent decree.--The term `McCaw Consent Decree' 
    means the proposed consent decree filed on July 15, 1994, in the 
    antitrust action styled United States v. AT&T Corp. and McCaw 
    Cellular Communications, Inc., Civil Action No. 94-01555, in the 
    United States District Court for the District of Columbia. Such term 
    includes any stipulation that the parties will abide by the terms of 
    such proposed consent decree until it is entered and any order 
    entering such proposed consent decree.
        ``(4) Antitrust laws.--The term `antitrust laws' has the meaning 
    given it in subsection (a) of the first section of the Clayton Act 
    (15 U.S.C. 12(a)), except that such term includes the Act of June 
    19, 1936 (49 Stat. 1526; 15 U.S.C. 13 et seq.), commonly known as 
    the Robinson-Patman Act, and section 5 of the Federal Trade 
    Commission Act (15 U.S.C. 45) to the extent that such section 5 
    applies to unfair methods of competition.''


  Preemption of Local Taxation With Respect to Direct-to-Home Services

    Pub. L. 104-104, title VI, Sec. 602, Feb. 8, 1996, 110 Stat. 144, 
provided that:
    ``(a) Preemption.--A provider of direct-to-home satellite service 
shall be exempt from the collection or remittance, or both, of any tax 
or fee imposed by any local taxing jurisdiction on direct-to-home 
satellite service.
    ``(b) Definitions.--For the purposes of this section--
        ``(1) Direct-to-home satellite service.--The term `direct-to-
    home satellite service' means only programming transmitted or 
    broadcast by satellite directly to the subscribers' premises without 
    the use of ground receiving or distribution equipment, except at the 
    subscribers' premises or in the uplink process to the satellite.
        ``(2) Provider of direct-to-home satellite service.--For 
    purposes of this section, a `provider of direct-to-home satellite 
    service' means a person who transmits, broadcasts, sells, or 
    distributes direct-to-home satellite service.
        ``(3) Local taxing jurisdiction.--The term `local taxing 
    jurisdiction' means any municipality, city, county, township, 
    parish, transportation district, or assessment jurisdiction, or any 
    other local jurisdiction in the territorial jurisdiction of the 
    United States with the authority to impose a tax or fee, but does 
    not include a State.
        ``(4) State.--The term `State' means any of the several States, 
    the District of Columbia, or any territory or possession of the 
    United States.
        ``(5) Tax or fee.--The terms `tax' and `fee' mean any local 
    sales tax, local use tax, local intangible tax, local income tax, 
    business license tax, utility tax, privilege tax, gross receipts 
    tax, excise tax, franchise fees, local telecommunications tax, or 
    any other tax, license, or fee that is imposed for the privilege of 
    doing business, regulating, or raising revenue for a local taxing 
    jurisdiction.
    ``(c) Preservation of State Authority.--This section shall not be 
construed to prevent taxation of a provider of direct-to-home satellite 
service by a State or to prevent a local taxing jurisdiction from 
receiving revenue derived from a tax or fee imposed and collected by a 
State.''

                  Section Referred to in Other Sections

    This section is referred to in sections 153, 225, 332 of this title.
