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47 U.S.C. § 227b–1 — Access to number resources

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 227b–1 — Access to number resources

**(a) In general** (1) **Examination of FCC policies** — Not later than 180 days after December 30, 2019, the Commission shall commence a proceeding to determine how Commission policies regarding access to number resources, including number resources for toll-free and non-toll-free telephone numbers, could be modified, including by establishing registration and compliance obligations, and requirements that providers of voice service given access to number resources take sufficient steps to know the identity of the customers of such providers, to help reduce access to numbers by potential perpetrators of violations of section 227(b) of the Communications Act of 1934 ([47 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section227/b&num=0&edition=prelim)). (2) **Regulations** — If the Commission determines under paragraph (1) that modifying the policies described in that paragraph could help achieve the goal described in that paragraph, the Commission shall prescribe regulations to implement those policy modifications. **(b) Authority** Any person who knowingly, through an employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, is a party to obtaining number resources, including number resources for toll-free and non-toll-free telephone numbers, from a common carrier regulated under title II of the Communications Act of 1934 ([47 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section201&num=0&edition=prelim) et seq.), in violation of a regulation prescribed under subsection (a), shall, notwithstanding section 503(b)(5) of the Communications Act of 1934 ([47 U.S.C. 503(b)(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-secti

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Stable record: federal_law:legal_authorities:record_usc_53ec44b7e9a02242152cd9d2
Source file: Laws/federal/codes/united-states-code/title-47/section-227b1-access-to-number-resources--ae220bebec.md
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Source location: Title 47, Chapter 5, § 227b–1; chapter-005-wire-or-radio-communication.md

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**(a) In general** (1) **Examination of FCC policies** — Not later than 180 days after December 30, 2019, the Commission shall commence a proceeding to determine how Commission policies regarding access to number resources, including number resources for toll-free and non-toll-free telephone numbers, could be modified, including by establishing registration and compliance obligations, and requirements that providers of voice service given access to number resources take sufficient steps to know the identity of the customers of such providers, to help reduce access to numbers by potential perpetrators of violations of section 227(b) of the Communications Act of 1934 ([47 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section227/b&num=0&edition=prelim)). (2) **Regulations** — If the Commission determines under paragraph (1) that modifying the policies described in that paragraph could help achieve the goal described in that paragraph, the Commission shall prescribe regulations to implement those policy modifications. **(b) Authority** Any person who knowingly, through an employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, is a party to obtaining number resources, including number resources for toll-free and non-toll-free telephone numbers, from a common carrier regulated under title II of the Communications Act of 1934 ([47 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section201&num=0&edition=prelim) et seq.), in violation of a regulation prescribed under subsection (a), shall, notwithstanding section 503(b)(5) of the Communications Act of 1934 ([47 U.S.C. 503(b)(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section503/b/5&num=0&edition=prelim)), be subject to a forfeiture penalty under section 503(b) of that Act ([47 U.S.C. 503(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section503/b&num=0&edition=prelim)). A forfeiture penalty under this subsection shall be in addition to any other penalty provided for by law.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 201 — Service and charges

**(a)** It shall be the duty of every common carrier engaged in interstate or foreign communication by wire or radio to furnish such communication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases where the Commission, after opportunity for hearing, finds such action necessary or desirable in the public interest, to establish physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes. **(b)** All charges, practices, classifications, and regulations for and in connection with such communication service, shall be just and reasonable, and any such charge, practice, classification, or regulation that is unjust or unreasonable is declared to be unlawful: Provided, That communications by wire or radio subject to this chapter may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government, and such other classes as the Commission may decide to be just and reasonable, and different charges may be made for the different classes of communications: Provided further, That nothing in this chapter or in any other provision of law shall be construed to prevent a common carrier subject to this chapter from entering into or operating under any contract with any common carrier not subject to this chapter, for the exchange of their services, if the Commission is of the opinion that such contract is not contrary to the public interest: Provided further, That nothing in this chapter or in any other provision of law shall prevent a common carrier subject to this chapter from furnishing reports of positions of ships at sea to newspapers of gen

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 609 — Short title

This chapter may be cited as the “Communications Act of 1934.”

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 227 — Restrictions on use of telephone equipment

**(a) Definitions** As used in this section— (1) The term “automatic telephone dialing system” means equipment which has the capacity— (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers. (2) The term “established business relationship”, for purposes only of subsection (b)(1)(C)(i), shall have the meaning given the term in section 64.1200 of title 47, Code of Federal Regulations, as in effect on January 1, 2003, except that— (A) such term shall include a relationship between a person or entity and a business subscriber subject to the same terms applicable under such section to a relationship between a person or entity and a residential subscriber; and (B) an established business relationship shall be subject to any time limitation established pursuant to paragraph (2)(G)).11 So in original. Second closing parenthesis probably should not appear. (3) The term “telephone facsimile machine” means equipment which has the capacity (A) to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or (B) to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper. (4) The term “telephone solicitation” means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person’s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization. (5) The term “un

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 201 — Service and charges

Page 43 TITLE 47—TELECOMMUNICATIONS § 201 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 163. Communications marketplace report (a) In general In the last quarter of every even-numbered year, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the state of the communications marketplace. (b) Contents Each report required by subsection (a) shall— (1) assess the state of competition in the communications marketplace, including com- petition to deliver voice, video, audio, and data services among providers of tele- communications, providers of commercial mo- bile service (as defined in section 332 of this title), multichannel video programming dis- tributors (as defined in section 522 of this title), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications serv- ices; (2) assess the state of deployment of commu- nications capabilities, including advanced telecommunications capability (as defined in section 1302 of this title), regardless of the technology used for such deployment; (3) assess whether laws, regulations, regu- latory practices (whether those of the Federal Government, States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in section 5304 of title 25), or

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 227 — Restrictions on use of telephone equipment

Page 69 TITLE 47—TELECOMMUNICATIONS § 227 1 So in original. Second closing parenthesis probably should not appear. § 227. Restrictions on use of telephone equipment (a) Definitions As used in this section— (1) The term ‘‘automatic telephone dialing system’’ means equipment which has the ca- pacity— (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers. (2) The term ‘‘established business relation- ship’’, for purposes only of subsection (b)(1)(C)(i), shall have the meaning given the term in section 64.1200 of title 47, Code of Fed- eral Regulations, as in effect on January 1, 2003, except that— (A) such term shall include a relationship between a person or entity and a business subscriber subject to the same terms appli- cable under such section to a relationship between a person or entity and a residential subscriber; and (B) an established business relationship shall be subject to any time limitation es- tablished pursuant to paragraph (2)(G)).1 (3) The term ‘‘telephone facsimile machine’’ means equipment which has the capacity (A) to transcribe text or images, or both, from paper into an electronic signal and to trans- mit that signal over a regular telephone line, or (B) to transcribe text or images (or both) from an electronic signal received over a reg- ular telephone line onto paper. (4) The term ‘‘telephone solicitation’’ means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or mes- sage (A) to any person with that person’s prior express invitation or permission, (B) to any pe

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 503 — Forfeitures

**(a) Rebates and offsets** Any person who shall deliver messages for interstate or foreign transmission to any carrier, or for whom as sender or receiver, any such carrier shall transmit any interstate or foreign wire or radio communication, who shall knowingly by employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, receive or accept from such common carrier any sum of money or any other valuable consideration as a rebate or offset against the regular charges for transmission of such messages as fixed by the schedules of charges provided for in this chapter, shall in addition to any other penalty provided by this chapter forfeit to the United States a sum of money three times the amount of money so received or accepted and three times the value of any other consideration so received or accepted, to be ascertained by the trial court; and in the trial of said action all such rebates or other considerations so received or accepted for a period of six years prior to the commencement of the action, may be included therein, and the amount recovered shall be three times the total amount of money, or three times the total value of such consideration, so received or accepted, or both, as the case may be. **(b) Activities constituting violations authorizing imposition of forfeiture penalty; amount of penalty; procedures applicable; persons subject to penalty; liability exemption period** (1) Any person who is determined by the Commission, in accordance with paragraph (3) or (4) of this subsection, to have— (A) willfully or repeatedly failed to comply substantially with the terms and conditions of any license, permit, certificate, or other instrument or authorization issued by the Commission; (B) willfully or repeat

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 503 — Forfeitures

Page 262 TITLE 47—TELECOMMUNICATIONS § 502 or thing, in this chapter prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in this chapter required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be pun- ished for such offense, for which no penalty (other than a forfeiture) is provided in this chap- ter, by a fine of not more than $10,000 or by im- prisonment for a term not exceeding one year, or both; except that any person, having been once convicted of an offense punishable under this section, who is subsequently convicted of violating any provision of this chapter punish- able under this section, shall be punished by a fine of not more than $10,000 or by imprisonment for a term not exceeding two years, or both. (June 19, 1934, ch. 652, title V, § 501, 48 Stat. 1100; Mar. 23, 1954, ch. 104, 68 Stat. 30.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1954—Act Mar. 23, 1954, provided that any offense pun- ishable hereunder, except a second or subsequent of- fense, should constitute a misdemeanor rather than a felony, as those terms are defined in section 1 of Title 18, Crimes and Criminal Procedure. § 502. Violation of rules, regulations, etc. Any person who willfully and knowingly vio- lates any rule, regulation, restriction, or condi- tion made or imposed by the Commission under authority of this chapter, or any

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