
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: 47USC275]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
    Part III--Special Provisions Concerning Bell Operating Companies
 
Sec. 275. Alarm monitoring services


(a) Delayed entry into alarm monitoring

                           (1) Prohibition

        No Bell operating company or affiliate thereof shall engage in 
    the provision of alarm monitoring services before the date which is 
    5 years after February 8, 1996.

                       (2) Existing activities

        Paragraph (1) does not prohibit or limit the provision, directly 
    or through an affiliate, of alarm monitoring services by a Bell 
    operating company that was engaged in providing alarm monitoring 
    services as of November 30, 1995, directly or through an affiliate. 
    Such Bell operating company or affiliate may not acquire any equity 
    interest in, or obtain financial control of, any unaffiliated alarm 
    monitoring service entity after November 30, 1995, and until 5 years 
    after February 8, 1996, except that this sentence shall not prohibit 
    an exchange of customers for the customers of an unaffiliated alarm 
    monitoring service entity.

(b) Nondiscrimination

    An incumbent local exchange carrier (as defined in section 251(h) of 
this title) engaged in the provision of alarm monitoring services 
shall--
        (1) provide nonaffiliated entities, upon reasonable request, 
    with the network services it provides to its own alarm monitoring 
    operations, on nondiscriminatory terms and conditions; and
        (2) not subsidize its alarm monitoring services either directly 
    or indirectly from telephone exchange service operations.

(c) Expedited consideration of complaints

    The Commission shall establish procedures for the receipt and review 
of complaints concerning violations of subsection (b) of this section or 
the regulations thereunder that result in material financial harm to a 
provider of alarm monitoring 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, as determined by the Commission in accordance with such 
regulations, the Commission shall, within 60 days after receipt of the 
complaint, order the incumbent local exchange carrier (as defined in 
section 251(h) of this title) and its affiliates to cease engaging in 
such violation pending such final determination.

(d) Use of data

    A local exchange carrier may not record or use in any fashion the 
occurrence or contents of calls received by providers of alarm 
monitoring services for the purposes of marketing such services on 
behalf of such local exchange carrier, or any other entity. Any 
regulations necessary to enforce this subsection shall be issued 
initially within 6 months after February 8, 1996.

(e) ``Alarm monitoring service'' defined

    The term ``alarm monitoring service'' means a service that uses a 
device located at a residence, place of business, or other fixed 
premises--
        (1) to receive signals from other devices located at or about 
    such premises regarding a possible threat at such premises to life, 
    safety, or property, from burglary, fire, vandalism, bodily injury, 
    or other emergency, and
        (2) to transmit a signal regarding such threat by means of 
    transmission facilities of a local exchange carrier or one of its 
    affiliates to a remote monitoring center to alert a person at such 
    center of the need to inform the customer or another person or 
    police, fire, rescue, security, or public safety personnel of such 
    threat,

but does not include a service that uses a medical monitoring device 
attached to an individual for the automatic surveillance of an ongoing 
medical condition.

(June 19, 1934, ch. 652, title II, Sec. 275, as added Pub. L. 104-104, 
title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 105.)

                  Section Referred to in Other Sections

    This section is referred to in section 272 of this title.
