
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: 47USC214]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
                    Part I--Common Carrier Regulation
 
Sec. 214. Extension of lines or discontinuance of service; 
        certificate of public convenience and necessity
        

(a) Exceptions; temporary or emergency service or discontinuance of 
        service; changes in plant, operation or equipment

    No carrier shall undertake the construction of a new line or of an 
extension of any line, or shall acquire or operate any line, or 
extension thereof, or shall engage in transmission over or by means of 
such additional or extended line, unless and until there shall first 
have been obtained from the Commission a certificate that the present or 
future public convenience and necessity require or will require the 
construction, or operation, or construction and operation, of such 
additional or extended line: Provided, That no such certificate shall be 
required under this section for the construction, acquisition, or 
operation of (1) a line within a single State unless such line 
constitutes part of an interstate line, (2) local, branch, or terminal 
lines not exceeding ten miles in length, or (3) any line acquired under 
section 221 of this title: Provided further, That the Commission may, 
upon appropriate request being made, authorize temporary or emergency 
service, or the supplementing of existing facilities, without regard to 
the provisions of this section. No carrier shall discontinue, reduce, or 
impair service to a community, or part of a community, unless and until 
there shall first have been obtained from the Commission a certificate 
that neither the present nor future public convenience and necessity 
will be adversely affected thereby; except that the Commission may, upon 
appropriate request being made, authorize temporary or emergency 
discontinuance, reduction, or impairment of service, or partial 
discontinuance, reduction, or impairment of service, without regard to 
the provisions of this section. As used in this section the term 
``line'' means any channel of communication established by the use of 
appropriate equipment, other than a channel of communication established 
by the interconnection of two or more existing channels: Provided, 
however, That nothing in this section shall be construed to require a 
certificate or other authorization from the Commission for any 
installation, replacement, or other changes in plant, operation, or 
equipment, other than new construction, which will not impair the 
adequacy or quality of service provided.

(b) Notification of Secretary of Defense, Secretary of State, and State 
        Governor

    Upon receipt of an application for any such certificate, the 
Commission shall cause notice thereof to be given to, and shall cause a 
copy of such application to be filed with, the Secretary of Defense, the 
Secretary of State (with respect to such applications involving service 
to foreign points), and the Governor of each State in which such line is 
proposed to be constructed, extended, acquired, or operated, or in which 
such discontinuance, reduction, or impairment of service is proposed, 
with the right to those notified to be heard; and the Commission may 
require such published notice as it shall determine.

(c) Approval or disapproval; injunction

    The Commission shall have power to issue such certificate as applied 
for, or to refuse to issue it, or to issue it for a portion or portions 
of a line, or extension thereof, or discontinuance, reduction, or 
impairment of service, described in the application, or for the partial 
exercise only of such right or privilege, and may attach to the issuance 
of the certificate such terms and conditions as in its judgment the 
public convenience and necessity may require. After issuance of such 
certificate, and not before, the carrier may, without securing approval 
other than such certificate, comply with the terms and conditions 
contained in or attached to the issuance of such certificate and proceed 
with the construction, extension, acquisition, operation, or 
discontinuance, reduction, or impairment of service covered thereby. Any 
construction, extension, acquisition, operation, discontinuance, 
reduction, or impairment of service contrary to the provisions of this 
section may be enjoined by any court of competent jurisdiction at the 
suit of the United States, the Commission, the State commission, any 
State affected, or any party in interest.

(d) Order of Commission; hearing; penalty

    The Commission may, after full opportunity for hearing, in a 
proceeding upon complaint or upon its own initiative without complaint, 
authorize or require by order any carrier, party to such proceeding, to 
provide itself with adequate facilities for the expeditious and 
efficient performance of its service as a common carrier and to extend 
its line or to establish a public office; but no such authorization or 
order shall be made unless the Commission finds, as to such provision of 
facilities, as to such establishment of public offices, or as to such 
extension, that it is reasonably required in the interest of public 
convenience and necessity, or as to such extension or facilities that 
the expense involved therein will not impair the ability of the carrier 
to perform its duty to the public. Any carrier which refuses or neglects 
to comply with any order of the Commission made in pursuance of this 
subsection shall forfeit to the United States $1,200 for each day during 
which such refusal or neglect continues.

(e) Provision of universal service

              (1) Eligible telecommunications carriers

        A common carrier designated as an eligible telecommunications 
    carrier under paragraph (2), (3), or (6) shall be eligible to 
    receive universal service support in accordance with section 254 of 
    this title and shall, throughout the service area for which the 
    designation is received--
            (A) offer the services that are supported by Federal 
        universal service support mechanisms under section 254(c) of 
        this title, either using its own facilities or a combination of 
        its own facilities and resale of another carrier's services 
        (including the services offered by another eligible 
        telecommunications carrier); and
            (B) advertise the availability of such services and the 
        charges therefor using media of general distribution.

       (2) Designation of eligible telecommunications carriers

        A State commission shall upon its own motion or upon request 
    designate a common carrier that meets the requirements of paragraph 
    (1) as an eligible telecommunications carrier for a service area 
    designated by the State commission. Upon request and consistent with 
    the public interest, convenience, and necessity, the State 
    commission may, in the case of an area served by a rural telephone 
    company, and shall, in the case of all other areas, designate more 
    than one common carrier as an eligible telecommunications carrier 
    for a service area designated by the State commission, so long as 
    each additional requesting carrier meets the requirements of 
    paragraph (1). Before designating an additional eligible 
    telecommunications carrier for an area served by a rural telephone 
    company, the State commission shall find that the designation is in 
    the public interest.

    (3) Designation of eligible telecommunications carriers for 
                               unserved areas

        If no common carrier will provide the services that are 
    supported by Federal universal service support mechanisms under 
    section 254(c) of this title to an unserved community or any portion 
    thereof that requests such service, the Commission, with respect to 
    interstate services or an area served by a common carrier to which 
    paragraph (6) applies, or a State commission, with respect to 
    intrastate services, shall determine which common carrier or 
    carriers are best able to provide such service to the requesting 
    unserved community or portion thereof and shall order such carrier 
    or carriers to provide such service for that unserved community or 
    portion thereof. Any carrier or carriers ordered to provide such 
    service under this paragraph shall meet the requirements of 
    paragraph (1) and shall be designated as an eligible 
    telecommunications carrier for that community or portion thereof.

               (4) Relinquishment of universal service

        A State commission (or the Commission in the case of a common 
    carrier designated under paragraph (6)) shall permit an eligible 
    telecommunications carrier to relinquish its designation as such a 
    carrier in any area served by more than one eligible 
    telecommunications carrier. An eligible telecommunications carrier 
    that seeks to relinquish its eligible telecommunications carrier 
    designation for an area served by more than one eligible 
    telecommunications carrier shall give advance notice to the State 
    commission (or the Commission in the case of a common carrier 
    designated under paragraph (6)) of such relinquishment. Prior to 
    permitting a telecommunications carrier designated as an eligible 
    telecommunications carrier to cease providing universal service in 
    an area served by more than one eligible telecommunications carrier, 
    the State commission (or the Commission in the case of a common 
    carrier designated under paragraph (6)) shall require the remaining 
    eligible telecommunications carrier or carriers to ensure that all 
    customers served by the relinquishing carrier will continue to be 
    served, and shall require sufficient notice to permit the purchase 
    or construction of adequate facilities by any remaining eligible 
    telecommunications carrier. The State commission (or the Commission 
    in the case of a common carrier designated under paragraph (6)) 
    shall establish a time, not to exceed one year after the State 
    commission (or the Commission in the case of a common carrier 
    designated under paragraph (6)) approves such relinquishment under 
    this paragraph, within which such purchase or construction shall be 
    completed.

                    (5) ``Service area'' defined

        The term ``service area'' means a geographic area established by 
    a State commission (or the Commission under paragraph (6)) for the 
    purpose of determining universal service obligations and support 
    mechanisms. In the case of an area served by a rural telephone 
    company, ``service area'' means such company's ``study area'' unless 
    and until the Commission and the States, after taking into account 
    recommendations of a Federal-State Joint Board instituted under 
    section 410(c) of this title, establish a different definition of 
    service area for such company.

        (6) Common carriers not subject to State commission 
                                jurisdiction

        In the case of a common carrier providing telephone exchange 
    service and exchange access that is not subject to the jurisdiction 
    of a State commission, the Commission shall upon request designate 
    such a common carrier that meets the requirements of paragraph (1) 
    as an eligible telecommunications carrier for a service area 
    designated by the Commission consistent with applicable Federal and 
    State law. Upon request and consistent with the public interest, 
    convenience and necessity, the Commission may, with respect to an 
    area served by a rural telephone company, and shall, in the case of 
    all other areas, designate more than one common carrier as an 
    eligible telecommunications carrier for a service area designated 
    under this paragraph, so long as each additional requesting carrier 
    meets the requirements of paragraph (1). Before designating an 
    additional eligible telecommunications carrier for an area served by 
    a rural telephone company, the Commission shall find that the 
    designation is in the public interest.

(June 19, 1934, ch. 652, title II, Sec. 214, 48 Stat. 1075; Mar. 6, 
1943, ch. 10, Secs. 2-5, 57 Stat. 11; Pub. L. 93-506, Sec. 1, Nov. 30, 
1974, 88 Stat. 1577; Pub. L. 101-239, title III, Sec. 3002(d), Dec. 19, 
1989, 103 Stat. 2131; Pub. L. 103-414, title III, Sec. 304(a)(4), Oct. 
25, 1994, 108 Stat. 4296; Pub. L. 104-104, title I, Sec. 102(a), Feb. 8, 
1996, 110 Stat. 80; Pub. L. 105-125, Sec. 1, Dec. 1, 1997, 111 Stat. 
2540.)


                               Amendments

    1997--Subsec. (e)(1). Pub. L. 105-125, Sec. 1(1), substituted ``(2), 
(3), or (6)'' for ``(2) or (3)''.
    Subsec. (e)(3). Pub. L. 105-125, Sec. 1(2), substituted ``interstate 
services or an area served by a common carrier to which paragraph (6) 
applies'' for ``interstate services''.
    Subsec. (e)(4). Pub. L. 105-125, Sec. 1(3), inserted ``(or the 
Commission in the case of a common carrier designated under paragraph 
(6))'' after ``State commission'' wherever appearing.
    Subsec. (e)(5). Pub. L. 105-125, Sec. 1(4), inserted ``(or the 
Commission under paragraph (6))'' after ``State commission''.
    Subsec. (e)(6). Pub. L. 105-125, Sec. 1(5), added par. (6).
    1996--Subsec. (e). Pub. L. 104-104 added subsec. (e).
    1994--Subsec. (a). Pub. L. 103-414 substituted ``section 221'' for 
``section 221 or 222''.
    1989--Subsec. (d). Pub. L. 101-239 substituted ``$1,200'' for 
``$100''.
    1974--Subsec. (b). Pub. L. 93-506 substituted ``the Secretary of 
Defense, the Secretary of State (with respect to such applications 
involving service to foreign points),'' for ``the Secretary of the Army, 
the Secretary of the Navy,''.
    1943--Subsec. (a). Act Mar. 6, 1943, Sec. 2, among other changes 
inserted all after ``no carrier shall discontinue'', etc.
    Subsec. (b). Act Mar. 6, 1943, Sec. 3, among other changes provided 
notice should be filed with Secretary of War and the Secretary of the 
Navy.
    Subsec. (c). Act Mar. 6, 1943, Sec. 4, extended provisions to 
include discontinuance, reduction, or impairment of service.
    Subsec. (d). Act Mar. 6, 1943, Sec. 5, amended first sentence.


                    Extension of Lines; ARMIS Reports

    Section 402(b)(2) of Pub. L. 104-104 provided that: ``The Commission 
shall permit any common carrier--
        ``(A) to be exempt from the requirements of section 214 of the 
    Communications Act of 1934 [47 U.S.C. 214] for the extension of any 
    line; and
        ``(B) to file cost allocation manuals and ARMIS reports 
    annually, to the extent such carrier is required to file such 
    manuals or reports.''

                  Section Referred to in Other Sections

    This section is referred to in sections 158, 252, 253, 254, 259, 
571, 721 of this title.
