§ 152. — Application of chapter.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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.
