
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC221]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
                    Part I--Common Carrier Regulation
 
Sec. 221. Consolidations and mergers of telephone companies


(a) Repealed. Pub. L. 104-104, title VI, Sec. 601(b)(2), Feb. 8, 1996, 
        110 Stat. 143

(b) State jurisdiction over services

    Subject to the provisions of sections 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) Determination of property used in interstate toll service

    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) Valuation of property

    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.

(June 19, 1934, ch. 652, title II, Sec. 221, 48 Stat. 1080; Apr. 27, 
1954, ch. 175, Sec. 4, 68 Stat. 64; Aug. 2, 1956, ch. 874, Sec. 3, 70 
Stat. 932; Pub. L. 101-336, title IV, Sec. 401(b)(2), July 26, 1990, 104 
Stat. 369; Pub. L. 104-104, title VI, Sec. 601(b)(2), Feb. 8, 1996, 110 
Stat. 143.)


                               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 ``sections 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 214, 225, 332 of this title.
