
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: 47USC276]

 
          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. 276. Provision of payphone service


(a) Nondiscrimination safeguards

    After the effective date of the rules prescribed pursuant to 
subsection (b) of this section, any Bell operating company that provides 
payphone service--
        (1) shall not subsidize its payphone service directly or 
    indirectly from its telephone exchange service operations or its 
    exchange access operations; and
        (2) shall not prefer or discriminate in favor of its payphone 
    service.

(b) Regulations

                     (1) Contents of regulations

        In order to promote competition among payphone service providers 
    and promote the widespread deployment of payphone services to the 
    benefit of the general public, within 9 months after February 8, 
    1996, the Commission shall take all actions necessary (including any 
    reconsideration) to prescribe regulations that--
            (A) establish a per call compensation plan to ensure that 
        all payphone service providers are fairly compensated for each 
        and every completed intrastate and interstate call using their 
        payphone, except that emergency calls and telecommunications 
        relay service calls for hearing disabled individuals shall not 
        be subject to such compensation;
            (B) discontinue the intrastate and interstate carrier access 
        charge payphone service elements and payments in effect on 
        February 8, 1996, and all intrastate and interstate payphone 
        subsidies from basic exchange and exchange access revenues, in 
        favor of a compensation plan as specified in subparagraph (A);
            (C) prescribe a set of nonstructural safeguards for Bell 
        operating company payphone service to implement the provisions 
        of paragraphs (1) and (2) of subsection (a) of this section, 
        which safeguards shall, at a minimum, include the nonstructural 
        safeguards equal to those adopted in the Computer Inquiry-III 
        (CC Docket No. 90-623) proceeding;
            (D) provide for Bell operating company payphone service 
        providers to have the same right that independent payphone 
        providers have to negotiate with the location provider on the 
        location provider's selecting and contracting with, and, subject 
        to the terms of any agreement with the location provider, to 
        select and contract with, the carriers that carry interLATA 
        calls from their payphones, unless the Commission determines in 
        the rulemaking pursuant to this section that it is not in the 
        public interest; and
            (E) provide for all payphone service providers to have the 
        right to negotiate with the location provider on the location 
        provider's selecting and contracting with, and, subject to the 
        terms of any agreement with the location provider, to select and 
        contract with, the carriers that carry intraLATA calls from 
        their payphones.

                   (2) Public interest telephones

        In the rulemaking conducted pursuant to paragraph (1), the 
    Commission shall determine whether public interest payphones, which 
    are provided in the interest of public health, safety, and welfare, 
    in locations where there would otherwise not be a payphone, should 
    be maintained, and if so, ensure that such public interest payphones 
    are supported fairly and equitably.

                       (3) Existing contracts

        Nothing in this section shall affect any existing contracts 
    between location providers and payphone service providers or 
    interLATA or intraLATA carriers that are in force and effect as of 
    February 8, 1996.

(c) State preemption

    To the extent that any State requirements are inconsistent with the 
Commission's regulations, the Commission's regulations on such matters 
shall preempt such State requirements.

(d) ``Payphone service'' defined

    As used in this section, the term ``payphone service'' means the 
provision of public or semi-public pay telephones, the provision of 
inmate telephone service in correctional institutions, and any ancillary 
services.

(June 19, 1934, ch. 652, title II, Sec. 276, as added Pub. L. 104-104, 
title I, Sec. 151(a), Feb. 8, 1996, 10 Stat. 106.)
