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47 U.S.C. § 345 — Protection of survivors of domestic vio-
Federal law — U.S. Code and appendices · legal_authorities
Page 214
TITLE 47—TELECOMMUNICATIONS
§ 345
munications Act of 1934 [47 U.S.C. 344], as added by sub-
section (a), shall be repealed on the day after the date
on which the interagency working group established
under subsection (b)(1) of that section [working group
established Jan. 14, 2022] submits the report to Congress
under subsection (g) of that section [report submitted
Jan. 13, 2023].’’
§ 345. Protection of survivors of domestic vio-
lence, human trafficking, and related crimes
(a) Definitions
In this section:
(1) Abuser
The term ‘‘abuser’’ means an individual who
has committed or allegedly committed a cov-
ered act against—
(A) an individual who seeks relief under
subsection (b); or
(B) an individual in the care of an indi-
vidual who seeks relief under subsection (b).
(2) Covered act
(A) In general
The term ‘‘covered act’’ means conduct
that constitutes—
(i) a crime described in section 12291(a)of
title 34, including domestic violence, dat-
ing violence, sexual assault, stalking, and
sex trafficking;
(ii) an act or practice described in para-
graph (11) or (12) of section 7102 of title 22
(relating to severe forms of trafficking in
persons and sex trafficking, respectively);
or
(iii) an act under State law, Tribal law,
or the Uniform Code of Military Justice
that is similar to an offense described in
clause (i) or (ii).
(B) Conviction not required
Nothing in subparagraph (A) shall be con-
strued to require a criminal conviction or
any other determination of a court in order
for conduct to constitute a covered act.
(3) Covered provider
The term ‘‘covered provider’’ means a pro-
vider of a private mobile service or commer-
cial mobile service, as those terms are defined
in section 332(d) of this title.
(4) Primary account holder
T
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Page 214
TITLE 47—TELECOMMUNICATIONS
§ 345
munications Act of 1934 [47 U.S.C. 344], as added by sub-
section (a), shall be repealed on the day after the date
on which the interagency working group established
under subsection (b)(1) of that section [working group
established Jan. 14, 2022] submits the report to Congress
under subsection (g) of that section [report submitted
Jan. 13, 2023].’’
§ 345. Protection of survivors of domestic vio-
lence, human trafficking, and related crimes
(a) Definitions
In this section:
(1) Abuser
The term ‘‘abuser’’ means an individual who
has committed or allegedly committed a cov-
ered act against—
(A) an individual who seeks relief under
subsection (b); or
(B) an individual in the care of an indi-
vidual who seeks relief under subsection (b).
(2) Covered act
(A) In general
The term ‘‘covered act’’ means conduct
that constitutes—
(i) a crime described in section 12291(a)of
title 34, including domestic violence, dat-
ing violence, sexual assault, stalking, and
sex trafficking;
(ii) an act or practice described in para-
graph (11) or (12) of section 7102 of title 22
(relating to severe forms of trafficking in
persons and sex trafficking, respectively);
or
(iii) an act under State law, Tribal law,
or the Uniform Code of Military Justice
that is similar to an offense described in
clause (i) or (ii).
(B) Conviction not required
Nothing in subparagraph (A) shall be con-
strued to require a criminal conviction or
any other determination of a court in order
for conduct to constitute a covered act.
(3) Covered provider
The term ‘‘covered provider’’ means a pro-
vider of a private mobile service or commer-
cial mobile service, as those terms are defined
in section 332(d) of this title.
(4) Primary account holder
The term ‘‘primary account holder’’ means
an individual who is a party to a mobile serv-
ice contract with a covered provider.
(5) Shared mobile service contract
The term ‘‘shared mobile service contract’’—
(A) means a mobile service contract for an
account that includes not less than 2 con-
sumers; and
(B) does not include enterprise services of-
fered by a covered provider.
(6) Survivor
The term ‘‘survivor’’ means an individual
who is not less than 18 years old and—
(A) against whom a covered act has been
committed or allegedly committed; or
(B) who cares for another individual
against whom a covered act has been com-
mitted or allegedly committed (provided
that the individual providing care did not
commit or allegedly commit the covered
act).
(b) Separation of lines from shared mobile serv-
ice contract
(1) In general
Not later than 2 business days after receiv-
ing a completed line separation request from a
survivor pursuant to subsection (c), a covered
provider shall, as applicable, with respect to a
shared mobile service contract under which
the survivor and the abuser each use a line—
(A) separate the line of the survivor, and
the line of any individual in the care of the
survivor, from the shared mobile service
contract; or
(B) separate the line of the abuser from
the shared mobile service contract.
(2) Limitations on penalties, fees, and other re-
quirements
Except as provided in paragraphs (5) through
(7), a covered provider may not make separa-
tion of a line from a shared mobile service
contract under paragraph (1) contingent on
any requirement other than the requirements
under subsection (c), including—
(A) payment of a fee, penalty, or other
charge;
(B) maintaining contractual or billing re-
sponsibility of a separated line with the pro-
vider;
(C) approval of separation by the primary
account holder, if the primary account hold-
er is not the survivor;
(D) a prohibition or limitation, including
one described in subparagraph (A), on num-
ber portability, provided such portability is
technically feasible, or a request to change
phone numbers;
(E) a prohibition or limitation on the sepa-
ration of lines as a result of arrears accrued
by the account;
(F) an increase in the rate charged for the
mobile service plan of the primary account
holder with respect to service on any re-
maining line or lines; or
(G) any other limitation or requirement
not listed under subsection (c).
(3) Rule of construction
Nothing in paragraph (2) shall be construed
to require a covered provider to provide a rate
plan for the primary account holder that is
not otherwise commercially available.
(4) Remote option
A covered provider shall offer a survivor the
ability to submit a line separation request
under subsection (c) through secure remote
means that are easily navigable, provided that
remote options are commercially available
and technically feasible.
(5) Responsibility for transferred telephone
numbers
Notwithstanding paragraph (2), beginning on
the date on which a covered provider transfers
billing responsibilities for and use of a tele-
phone number or numbers to a survivor under
paragraph (1)(A) in response to a line separa-
Page 215
TITLE 47—TELECOMMUNICATIONS
§ 345
tion request submitted by the survivor under
subsection (c), unless ordered otherwise by a
court, the survivor shall assume financial re-
sponsibility, including for monthly service
costs, for the transferred telephone number or
numbers.
(6) Responsibility for transferred telephone
numbers from a survivor’s account
Notwithstanding paragraph (2), upon the
transfer of a telephone number under para-
graph (1)(B) in response to a line separation
request submitted by a survivor under sub-
section (c), the survivor shall have no further
financial responsibilities to the transferring
covered provider for the services provided by
the transferring covered provider for the tele-
phone number or for any mobile device associ-
ated with the telephone number.
(7) Responsibility for mobile device
Notwithstanding paragraph (2), beginning on
the date on which a covered provider transfers
billing responsibilities for and rights to a tele-
phone number or numbers to a survivor under
paragraph (1)(A) in response to a line separa-
tion request submitted by the survivor under
subsection (c), unless otherwise ordered by a
court, the survivor shall not assume financial
responsibility for any mobile device associated
with the separated line, unless the survivor
purchased the mobile device, or affirmatively
elects to maintain possession of the mobile de-
vice.
(8) Notice to survivor
If a covered provider separates a line from a
shared mobile service contract under para-
graph (1) and the primary account holder is
not the survivor, the covered provider shall
notify the survivor of the date on which the
covered provider intends to give any formal
notice to the primary account holder.
(c) Line separation request
(1) In general
In the case of a survivor seeking to separate
a line from a shared mobile service contract,
the survivor shall submit to the covered pro-
vider a line separation request that—
(A) verifies that an individual who uses a
line under the shared mobile service con-
tract has committed or allegedly committed
a covered act against the survivor or an indi-
vidual in the survivor’s care, by providing—
(i) a copy of a signed affidavit from a li-
censed medical or mental health care pro-
vider, licensed military medical or mental
health care provider, licensed social work-
er, victim services provider, or licensed
military victim services provider, or an
employee of a court, acting within the
scope of that person’s employment; or
(ii) a copy of a police report, statements
provided by police, including military po-
lice, to magistrates or judges, charging
documents, protective or restraining or-
ders, military protective orders, or any
other official record that documents the
covered act;
(B) in the case of relief sought under sub-
section (b)(1)(A), with respect to—
(i) a line used by the survivor that the
survivor seeks to have separated, states
that the survivor is the user of that spe-
cific line; and
(ii) a line used by an individual in the
care of the survivor that the survivor
seeks to have separated, includes an affi-
davit setting forth that the individual—
(I) is in the care of the survivor; and
(II) is the user of that specific line; and
(C) requests relief under subparagraph (A)
or (B) of subsection (b)(1) and identifies each
line that should be separated.
(2) Communications from covered providers
(A) In general
A covered provider shall notify a survivor
seeking relief under subsection (b) in clear
and accessible language that the covered
provider may contact the survivor, or des-
ignated representative of the survivor, to
confirm the line separation, or if the covered
provider is unable to complete the line sepa-
ration for any reason, pursuant to subpara-
graphs (B) and (C).
(B) Remote means
A covered provider shall notify a survivor
under subparagraph (A) through remote
means, provided that remote means are com-
mercially available and technically feasible.
(C) Election of manner of contact
When completing a line separation request
submitted by a survivor through remote
means under paragraph (1), a covered pro-
vider shall allow the survivor to elect in the
manner in which the covered provider may—
(i) contact the survivor, or designated
representative of the survivor, in response
to the request, if necessary; or
(ii) notify the survivor, or designated
representative of the survivor, of the in-
ability of the covered provider to complete
the line separation.
(3) Enhanced protections under State law
This subsection shall not affect any law or
regulation of a State providing communica-
tions protections for survivors (or any similar
category of individuals) that has less stringent
requirements for providing evidence of a cov-
ered act (or any similar category of conduct)
than this subsection.
(d) Confidential and secure treatment of per-
sonal information
(1) In general
Notwithstanding section 222(c)(2) of this
title, a covered provider and any officer, direc-
tor, employee, vendor, or agent thereof shall
treat any information submitted by a survivor
under subsection (c) as confidential and se-
curely dispose of the information not later
than 90 days after receiving the information.
(2) Rule of construction
Nothing in paragraph (1) shall be construed
to prohibit a covered provider from maintain-
ing, for longer than the period specified in
that paragraph, a record that verifies that a
survivor fulfilled the conditions of a line sepa-
ration request under subsection (c).
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TITLE 47—TELECOMMUNICATIONS
§ 345
(e) Availability of information to consumers
A covered provider shall make information
about the options and process described in sub-
sections (b) and (c) readily available to con-
sumers—
(1) on the website and the mobile application
of the provider;
(2) in physical stores; and
(3) in other forms of public-facing consumer
communication.
(f) Technical infeasibility
(1) In general
The requirement to effectuate a line separa-
tion request pursuant to subsection (b)(1) shall
not apply to a covered provider if the covered
provider cannot operationally or technically
effectuate the request.
(2) Notification
If a covered provider cannot operationally or
technically effectuate a line separation re-
quest as described in paragraph (1), the cov-
ered provider shall—
(A) notify the survivor who submitted the
request of that infeasibility—
(i) at the time of the request; or
(ii) in the case of a survivor who has sub-
mitted the request using remote means,
not later than 2 business days after receiv-
ing the request; and
(B) provide the survivor with information
about other alternatives to submitting a
line separation request, including starting a
new line of service.
(g) Liability protection
(1) In general
A covered provider and any officer, director,
employee, vendor, or agent thereof shall not
be subject to liability for any claims deriving
from an action taken or omission made with
respect to compliance with this section and
the rules adopted to implement this section.
(2) Commission authority
Nothing in this subsection shall limit the
authority of the Commission to enforce this
section or any rules or regulations promul-
gated by the Commission pursuant to this sec-
tion.
(June 19, 1934, ch. 652, title III, § 345, as added
Pub. L. 117–223, § 4, Dec. 7, 2022, 136 Stat. 2280.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 117–223, § 6, Dec. 7, 2022, 136 Stat. 2288, provided
that: ‘‘The requirements under section 345 of the Com-
munications Act of 1934 [47 U.S.C. 345], as added by sec-
tion 4 of this Act, shall take effect 60 days after the
date on which the Federal Communications Commis-
sion adopts the rules implementing that section pursu-
ant to section 5(b)(1) of this Act [section 5(b)(1) of Pub.
L. 117–223, set out below].’’ [Rules adopted by Order of
the Federal Communications Commission released Nov.
16, 2023, with final rules effective Jan. 14, 2024, see 88
F.R. 84406.]
SAVINGS CLAUSE
Pub. L. 117–223, § 7, Dec. 7, 2022, 136 Stat. 2288, provided
that: ‘‘Nothing in this Act [enacting this section and
provisions set out as notes under this section] or the
amendments made by this Act shall be construed to ab-
rogate, limit, or otherwise affect the provisions set
forth in the Communications Assistance for Law En-
forcement Act ([title I of] Public Law 103–414; 108 Stat.
4279) [47 U.S.C. 1001 et seq.] and the amendments made
by that Act, any authority granted to the Federal Com-
munications Commission pursuant to that Act or the
amendments made by that Act, or any regulations pro-
mulgated by the Federal Communications Commission
pursuant to that Act or the amendments made by that
Act.’’
FINDINGS
Pub. L. 117–223, § 3, Dec. 7, 2022, 136 Stat. 2280, provided
that: ‘‘Congress finds the following:
‘‘(1) Domestic violence, dating violence, stalking,
sexual assault, human trafficking, and related crimes
are life-threatening issues and have lasting and
harmful effects on individuals, families, and entire
communities.
‘‘(2) Survivors often lack meaningful support and
options when establishing independence from an
abuser, including barriers such as financial insecurity
and limited access to reliable communications tools
to maintain essential connections with family, social
safety networks, employers, and support services.
‘‘(3) Perpetrators of violence and abuse described in
paragraph (1) increasingly use technological and com-
munications tools to exercise control over, monitor,
and abuse their victims.
‘‘(4) Communications law can play a public interest
role in the promotion of safety, life, and property
with respect to the types of violence and abuse de-
scribed in paragraph (1). For example, independent
access to a wireless phone plan can assist survivors in
establishing security and autonomy.
‘‘(5) Safeguards within communications services
can serve a role in preventing abuse and narrowing
the digital divide experienced by survivors of abuse.’’
RULEMAKING ON PROTECTIONS FOR SURVIVORS OF
DOMESTIC VIOLENCE
Pub. L. 117–223, § 5, Dec. 7, 2022, 136 Stat. 2285, provided
that:
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘Affordable Connectivity Program’
means the program established under section 904(b) of
division N of the Consolidated Appropriations Act,
2021 (Public Law 116–260) [47 U.S.C. 1752(b)], as amend-
ed by section 60502 of the Infrastructure Investment
and Jobs Act (Public Law 117–58), or any successor
program;
‘‘(2) the term ‘appropriate congressional commit-
tees’ means the Committee on Commerce, Science,
and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representa-
tives;
‘‘(3) the term ‘Commission’ means the Federal Com-
munications Commission;
‘‘(4) the term ‘covered hotline’ means a hotline re-
lated to domestic violence, dating violence, sexual as-
sault, stalking, sex trafficking, severe forms of traf-
ficking in persons, or any other similar act;
‘‘(5) the term ‘designated program’ means the pro-
gram designated by the Commission under subsection
(b)(2)(A)(i) to provide emergency communications
support to survivors;
‘‘(6) the term ‘Lifeline program’ means the program
set forth in subpart E of part 54 of title 47, Code of
Federal Regulations (or any successor regulation);
‘‘(7) the term ‘text message’ has the meaning given
the term in section 227(e)(8) of the Communications
Act of 1934 (47 U.S.C. 227(e)(8)); and
‘‘(8) the term ‘voice service’ has the meaning given
such term in section 4(a) of the Pallone-Thune Tele-
phone Robocall Abuse Criminal Enforcement and De-
terrence Act (47 U.S.C. 227b(a)).
‘‘(b) RULEMAKINGS.—
Page 217
TITLE 47—TELECOMMUNICATIONS
§ 345
‘‘(1) LINE SEPARATIONS.—
‘‘(A) IN GENERAL.—Not later than 18 months after
the date of enactment of this Act [Dec. 7, 2022], the
Commission shall adopt rules to implement section
345 of the Communications Act of 1934 [47 U.S.C.
345], as added by section 4 of this Act.
‘‘(B) CONSIDERATIONS.—In adopting rules under
subparagraph (A), the Commission shall consider—
‘‘(i) privacy protections;
‘‘(ii) account security and fraud detection;
‘‘(iii) account billing procedures;
‘‘(iv) procedures for notification of survivors
about line separation processes;
‘‘(v) notice to primary account holders;
‘‘(vi) situations in which a covered provider
cannot operationally or technically separate a
telephone number or numbers from a shared mo-
bile service contract such that the provider can-
not effectuate a line separation request;
‘‘(vii) the requirements for remote submission
of a line separation request, including how that
option facilitates submission of verification infor-
mation and meets the other requirements of sec-
tion 345 of the Communications Act of 1934 [47
U.S.C. 345], as added by section 4 of this Act;
‘‘(viii) feasibility of remote options for small
covered providers;
‘‘(ix) implementation timelines, including those
for small covered providers;
‘‘(x) financial responsibility for transferred
telephone numbers;
‘‘(xi) whether and how the survivor can affirma-
tively elect to take financial responsibility for
the mobile device associated with the separated
line;
‘‘(xii) compliance with subpart U of part 64 of
title 47, Code of Federal Regulations, or any suc-
cessor regulations (relating to customer propri-
etary network information) or any other legal or
law enforcement requirements; and
‘‘(xiii) ensuring covered providers have the nec-
essary account information to comply with the
rules and with section 345 of the Communications
Act of 1934, as added by section 4 of this Act.
‘‘(2) EMERGENCY COMMUNICATIONS SUPPORT FOR SUR-
VIVORS.—
‘‘(A) IN GENERAL.—Not later than 18 months after
the date of enactment of this Act, or as part of a
general rulemaking proceeding relating to the Life-
line program or the Affordable Connectivity Pro-
gram, whichever occurs earlier, the Commission
shall adopt rules that—
‘‘(i) designate a single program, which shall be
either the Lifeline program or the Affordable
Connectivity Program, to provide emergency
communications support to survivors in accord-
ance with this paragraph; and
‘‘(ii) allow a survivor who is suffering from fi-
nancial hardship and meets the requirements
under section 345(c)(1) of the Communications Act
of 1934 [47 U.S.C. 345(c)(1)], as added by section 4
of this Act, without regard to whether the sur-
vivor meets the otherwise applicable eligibility
requirements of the designated program, to—
‘‘(I) enroll in the designated program as
quickly as is feasible; and
‘‘(II) participate in the designated program
based on such qualifications for not more than
6 months.
‘‘(B) CONSIDERATIONS.—In adopting rules under
subparagraph (A), the Commission shall consider—
‘‘(i) how survivors who are eligible for relief and
elected to separate a line under section 345(c)(1)
of the Communications Act of 1934, as added by
section 4 of this Act, but whose lines could not be
separated due to operational or technical infeasi-
bility, can participate in the designated program;
and
‘‘(ii) confidentiality in the transfer and reten-
tion of any necessary documentation regarding
the eligibility of a survivor to enroll in the des-
ignated program.
‘‘(C) EVALUATION.—Not later than 2 years after
completing the rulemaking under subparagraph
(A), the Commission shall—
‘‘(i) evaluate the effectiveness of the Commis-
sion’s provision of support to survivors through
the designated program;
‘‘(ii) assess the detection and elimination of
fraud, waste, and abuse with respect to the sup-
port described in clause (i); and
‘‘(iii) submit to the appropriate congressional
committees a report that includes the evaluation
and assessment described in clauses (i) and (ii),
respectively.
‘‘(D) RULE
OF
CONSTRUCTION.—Nothing in this
paragraph shall be construed to limit the ability of
a survivor who meets the requirements under sec-
tion 345(c)(1) of the Communications Act of 1934 [47
U.S.C. 345(c)(1)], as added by section 4 of this Act,
to participate in the designated program indefi-
nitely if the survivor otherwise qualifies for the
designated program under the rules of the des-
ignated program.
‘‘(E) NOTIFICATION.—A covered provider that re-
ceives a line separation request pursuant to section
345 of the Communications Act of 1934 [47 U.S.C.
345], as added by section 4 of this Act, shall inform
the survivor who submitted the request of—
‘‘(i) the existence of the designated program;
‘‘(ii) who qualifies to participate in the des-
ignated program under the rules adopted under
subparagraph (A) that are specially applicable to
survivors; and
‘‘(iii) how to participate in the designated pro-
gram under the rules described in clause (ii).
‘‘(3) HOTLINE CALLS.—
‘‘(A) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, the Commission
shall commence a rulemaking proceeding to con-
sider whether to, and how the Commission should—
‘‘(i) establish, and update on a monthly basis, a
central database of covered hotlines to be used by
a covered provider or a wireline provider of voice
service; and
‘‘(ii) require a covered provider or a wireline
provider of voice service to omit from consumer-
facing logs of calls or text messages any records
of calls or text messages to covered hotlines in
the central database described in clause (i), while
maintaining internal records of those calls and
messages.
‘‘(B) CONSIDERATIONS.—The rulemaking conducted
under subparagraph (A) shall include consideration
of—
‘‘(i) the ability of law enforcement agencies or
survivors to access a log of calls or text messages
in a criminal investigation or civil proceeding;
‘‘(ii) the ability of a covered provider or a
wireline provider of voice service to—
‘‘(I) identify logs that are consumer-facing;
and
‘‘(II) omit certain consumer-facing logs, while
maintaining internal records of such calls and
text messages; and
‘‘(iii) any other factors associated with the im-
plementation of clauses (i) and (ii) to protect sur-
vivors, including factors that may impact smaller
providers.
‘‘(C) NO EFFECT ON LAW ENFORCEMENT.—Nothing in
subparagraph (A) shall be construed to—
‘‘(i) limit or otherwise affect the ability of a law
enforcement agency to access a log of calls or
text messages in a criminal investigation; or
‘‘(ii) alter or otherwise expand provider require-
ments under the Communications Assistance for
Law Enforcement Act ([title I of] Public Law
103–414; 108 Stat. 4279) [47 U.S.C. 1001 et seq.] or
the amendments made by that Act.
‘‘(D) COMPLIANCE.—If the Commission establishes
a central database through the rulemaking under
Page 218
TITLE 47—TELECOMMUNICATIONS
§ 351
subparagraph (A) and a covered provider updates its
own databases to match the central database not
less frequently than once every 30 days, no cause of
action shall lie or be maintained in any court
against the covered provider or its officers, employ-
ees, or agents for claims deriving from omission
from consumer-facing logs of calls or text messages
of any records of calls or text messages to covered
hotlines in the central database.’’
DEFINITIONS
Pub. L. 117–223, § 2, Dec. 7, 2022, 136 Stat. 2280, provided
that: ‘‘Except as otherwise provided in this Act [enact-
ing this section and provisions set out as notes under
this section], terms used in this Act that are defined in
section 345(a) of the Communications Act of 1934 [47
U.S.C. 345(a)], as added by section 4 of this Act, have
the meanings given those terms in such section 345(a).’’
PART II—RADIO EQUIPMENT AND RADIO
OPERATORS ON BOARD SHIP
§ 351. Ship radio stations and operations
(a) Except as provided in section 352 hereof it
shall be unlawful—
(1) For any ship of the United States, other
than a cargo ship of less than three hundred
gross tons, to be navigated in the open sea
outside of a harbor or port, or for any ship of
the United States or any foreign country,
other than a cargo ship of less than three hun-
dred gross tons, to leave or attempt to leave
any harbor or port of the United States for a
voyage in the open sea, unless such ship is
equipped with an efficient radio station in op-
erating condition, as specified by subpara-
graphs (A) and (B) of this paragraph, in charge
of and operated by one or more radio officers
or operators, adequately installed and pro-
tected so as to insure proper operation, and so
as not to endanger the ship and radio station
as hereinafter provided, and, in the case of a
ship of the United States, unless there is on
board a valid station license issued in accord-
ance with this chapter.
(A) Passenger ships irrespective of size and
cargo ships of one thousand six hundred
gross tons and upward shall be equipped with
a radiotelegraph station complying with the
provisions of this part;
(B) Cargo ships of three hundred gross tons
and upward but less than one thousand six
hundred gross tons, unless equipped with a
radiotelegraph station complying with the
provisions of this part, shall be equipped
with a radiotelephone station complying
with the provisions of this part.
(2) For any ship of the United States of one
thousand six hundred gross tons and upward to
be navigated in the open sea outside of a har-
bor or port, or for any such ship of the United
States or any foreign country to leave or at-
tempt to leave any harbor or port of the
United States for a voyage in the open sea, un-
less such ship is equipped with efficient radio
direction finding apparatus approved by the
Commission, properly adjusted in operating
condition as hereinafter provided.
(b) A ship which is not subject to the provi-
sions of this part at the time of its departure on
a voyage shall not become subject to such provi-
sions on account of any deviation from its in-
tended voyage due to stress of weather or any
other cause over which neither the master, the
owner, nor the charterer (if any) has control.
(June 19, 1934, ch. 652, title III, § 351, as added
May 20, 1937, ch. 229, § 10(b), 50 Stat. 192; amended
Aug. 13, 1954, ch. 729, § 1(a), 68 Stat. 704; Pub. L.
89–121, § 2, Aug. 13, 1965, 79 Stat. 512.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1), 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 com-
plete classification of this Act to the Code, see section
609 of this title and Tables.
AMENDMENTS
1965—Subsec. (a). Pub. L. 89–121 substituted ‘‘radio
station’’ for ‘‘radio installation’’, broadened coverage
so as to extend to vessels over 300 tons rather than 500
tons, required passenger ships irrespective of size and
cargo ships over 1600 tons to be equipped with a radio
telegraph station and cargo ships over 300 tons, unless
equipped with a radiotelegraph station, to be equipped
with a radiotelephone station, and eliminated provi-
sions which empowered the Commission to defer the ap-
plication of the provisions of paragraphs (1) and (2) of
this subsection for periods not beyond Jan. 1, 1955, and
Nov. 19, 1954, respectively.
1954—Subsec. (a)(1). Act Aug. 13, 1954, broadened cov-
erage so as to extend to vessels over 500 tons rather
than 1,600 tons.
Subsec. (a)(2). Act Aug. 13, 1954, broadened coverage
so as to extend to any United States flag vessel of 1,600
gross tons or over rather than any passenger vessel of
5,000 gross tons or over.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section 16 of act May 20, 1937, provided that: ‘‘This
Act [enacting this part, amending sections 151, 153, 154,
303, 321, 322, 329, 402, 504, and 602 of this title, and re-
pealing sections 484 to 487 of former Title 46, Shipping]
shall take effect upon approval [May 20, 1937] provided
that the Commission may defer the application of all
or any part of sections 351 to 355 [sections 351 to 355 of
this title], inclusive, for a period not to exceed six
months after approval, in regard to any ship or classes
of ships of the United States which are not subject to
the provisions of the safety convention, if it is found
impracticable to obtain the necessary equipment or
make the required installations.’’
JOINT STUDIES OF NEED FOR SAFETY DEVICES ON
CERTAIN CARGO SHIPS; REPORT
Act Aug. 3, 1956, ch. 913, 70 Stat. 967, authorized the
Federal Communications Commission, the United
States Coast Guard, and the Federal Maritime Admin-
istration, acting jointly, to make a full and complete
study and investigation with respect to the need for in-
stalling automatic radiotelegraph call selectors on
cargo ships of the United States carrying less than two
radio operators, and other such safety devices, and the
feasibility thereof, and required a report to the Con-
gress not later than Mar. 1, 1957.
§ 352. Exemptions
(a) Vessels excepted
The provisions of this part shall not apply to—
(1) A ship of war;
(2) A ship of the United States belonging to
and operated by the Government, except a ship
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter—
(1) The terms defined in [section 2510 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2510&num=0&edition=prelim) have, respectively, the meanings stated in that section.
(2) The term “call-identifying information” means dialing or signaling information that identifies the origin, direction, destination, or termination of each communication generated or received by a subscriber by means of any equipment, facility, or service of a telecommunications carrier.
(3) The term “Commission” means the Federal Communications Commission.
(4) The term “electronic messaging services” means software-based services that enable the sharing of data, images, sound, writing, or other information among computing devices controlled by the senders or recipients of the messages.
(5) The term “government” means the government of the United States and any agency or instrumentality thereof, the District of Columbia, any commonwealth, territory, or possession of the United States, and any State or political subdivision thereof authorized by law to conduct electronic surveillance.
(6) The term “information services”—
(A) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications; and
(B) includes—
(i) a service that permits a customer to retrieve stored information from, or file information for storage in, information storage facilities;
(ii) electronic publishing; and
(iii) electronic messaging services; but
(C) does not include any capability for a telecommunications carrier’s internal management, control, or operation of its telecommunications network.
(7) The term “telecommuni
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1001
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Page 403
TITLE 47—TELECOMMUNICATIONS
§ 1001
the appropriate Federal agencies, shall determine the
roles and responsibilities of the Federal agencies par-
ticipating in the initiative entitled ‘National NG911
Roadmap initiative’ to carry out the national-level
tasks with respect which each agency has jurisdiction.
‘‘(2) IMPLEMENTATION
PLAN.—The Administrator of
the National Highway Traffic Safety Administration
shall develop an implementation plan to support the
completion of national-level tasks under the National
NG911 Roadmap initiative.’’
FINDINGS
Pub. L. 108–494, title I, § 102, Dec. 23, 2004, 118 Stat.
3986, provided that: ‘‘The Congress finds that—
‘‘(1) for the sake of our Nation’s homeland security
and public safety, a universal emergency telephone
number (911) that is enhanced with the most modern
and state-of-the-art telecommunications capabilities
possible should be available to all citizens in all re-
gions of the Nation;
‘‘(2) enhanced emergency communications require
Federal, State, and local government resources and
coordination;
‘‘(3) any funds that are collected from fees imposed
on consumer bills for the purposes of funding 911 serv-
ices or enhanced 911 should go only for the purposes
for which the funds are collected; and
‘‘(4) enhanced 911 is a high national priority and it
requires Federal leadership, working in cooperation
with State and local governments and with the nu-
merous organizations dedicated to delivering emer-
gency communications services.’’
PURPOSES
Pub. L. 108–494, title I, § 103, Dec. 23, 2004, 118 Stat.
3986, provided that: ‘‘The purposes of this title [see sec-
tion 101 of title I of Pub. L. 108–494, set out as a Short
Title of 2004 Amendment note under section 901 of this
title] are—
‘‘(1) to coordinat
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Broadband internet access service** — The term “broadband internet access service” has the meaning given such term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(2) **Broadband provider** — The term “broadband provider” means a provider of broadband internet access service.
(3) **Commission** — The term “Commission” means the Federal Communications Commission.
(4) **Connected device** — The term “connected device” means a laptop or desktop computer or a tablet.
(5) **Designated as an eligible telecommunications carrier** — The term “designated as an eligible telecommunications carrier”, with respect to a broadband provider, means the broadband provider is designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 ([47 U.S.C. 214(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section214/e&num=0&edition=prelim)).
(6) **Eligible household** — The term “eligible household” means, regardless of whether the household or any member of the household receives support under subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation), and regardless of whether any member of the household has any past or present arrearages with a broadband provider, a household in which—
(A) at least one member of the household meets the qualifications in subsection (a) or (b) of section 54.409 of title 47, Code of Federal Regulations (or any successor regulation) except that such subsection (a), including for purposes of such subsection (b), shall be applied by substituting “200 percent” for “135 percent”;
(B) at least one member of the household has applied for and been approved to receive benef
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1752
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Page 503
TITLE 47—TELECOMMUNICATIONS
§ 1752
network management practices in the ap-
plication submitted through the process
established under subsection (d).
(4) Accountability
The Assistant Secretary shall—
(A) establish sufficient transparency, ac-
countability, reporting, and oversight meas-
ures for the grant program established under
subsection (c) to deter waste, fraud, and
abuse of program funds; and
(B) establish—
(i) buildout requirements for each eligi-
ble entity that receives a middle mile
grant, which shall require the completion
of a certain percentage of project miles by
a certain date; and
(ii) penalties, which may include rescis-
sion of funds, for grantees that do not
meet requirements described in clause (i)
or the deadline under paragraph (2).
(5) Extensions
(A) In general
At the request of an eligible entity, the
Assistant Secretary may extend the buildout
deadline under paragraph (2) by not more
than 1 year if the eligible entity certifies
that—
(i) the eligible entity has a plan for use
of the middle mile grant;
(ii) the project to build out middle mile
infrastructure is underway; or
(iii) extenuating circumstances require
an extension of time to allow completion
of the project to build out middle mile in-
frastructure.
(B) Effect on interim buildout requirements
If the Assistant Secretary grants an exten-
sion under subparagraph (A), the Assistant
Secretary shall modify any buildout require-
ments established under paragraph (4)(B)(i)
as necessary.
(f) Federal share
The amount of a middle mile grant awarded to
an eligible entity may not exceed 70 percent of
the total project cost.
(g) Special rules for Tribal governments
(1) Waivers; alternative requirements
The Assistant Secretary, in consultation
with Tribal
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1752
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 227
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 227
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **STIR/SHAKEN authentication framework** — The term “STIR/SHAKEN authentication framework” means the secure telephone identity revisited and signature-based handling of asserted information using tokens standards proposed by the information and communications technology industry.
(2) **Voice service** — The term “voice service”—
(A) means any service that is interconnected with the public switched telephone network and that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the Commission under [section 251(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section251/e/1&num=0&edition=prelim); and
(B) includes—
(i) transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine; and
(ii) without limitation, any service that enables real-time, two-way voice communications, including any service that requires internet protocol-compatible customer premises equipment (commonly known as “CPE”) and permits out-bound calling, whether or not the service is one-way or two-way voice over internet protocol.
**(b) Authentication frameworks**
(1) **In general** — Subject to paragraphs (2) and (3), and in accordance with paragraph (6), not later than 18 months after December 30, 2019, the Commission shall—
(A) require a provider of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of the provider of voice service; and
(B) require a provider of voice service to take reasonable measures to implement an effective call authentication framework in the non-internet protocol ne
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 227b
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Page 81
TITLE 47—TELECOMMUNICATIONS
§ 227b
ment note set out under section 609 of this title], the
term ‘Commission’ means the Federal Communications
Commission.’’
§ 227a. Consumer education materials on how to
avoid scams that rely upon misleading or in-
accurate caller identification information
(1) Development of materials
Not later than 1 year after March 23, 2018, the
Commission, in coordination with the Federal
Trade Commission, shall develop consumer edu-
cation
materials
that
provide
information
about—
(A) ways for consumers to identify scams
and other fraudulent activity that rely upon
the use of misleading or inaccurate caller
identification information; and
(B) existing technologies, if any, that a con-
sumer can use to protect against such scams
and other fraudulent activity.
(2) Contents
In developing the consumer education mate-
rials under paragraph (1), the Commission
shall—
(A) identify existing technologies, if any,
that can help consumers guard themselves
against scams and other fraudulent activity
that rely upon the use of misleading or inac-
curate caller identification information, in-
cluding—
(i) descriptions of how a consumer can use
the technologies to protect against such
scams and other fraudulent activity; and
(ii) details on how consumers can access
and use the technologies; and
(B) provide other information that may help
consumers identify and avoid scams and other
fraudulent activity that rely upon the use of
misleading or inaccurate caller identification
information.
(3) Updates
The Commission shall ensure that the con-
sumer education materials required under para-
graph (1) are updated on a regular basis.
(4) Website
The Commission shall include the consumer
education materials developed under parag
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 227b
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 19, 1934, ch. 652, title III, § 344, as added and amended Pub. L. 117–58, div. F, title VI, § 60602, Nov. 15, 2021, 135 Stat. 1246, established a telecommunications interagency working group to develop recommendations to address the workforce needs of the telecommunications industry and required a report containing its recommendations to be submitted to Congress no later than 1 year after the date on which the working group was established.
#### Effective Date of Repeal
Pub. L. 117–58, div. F, title VI, § 60602(b), Nov. 15, 2021, 135 Stat. 1249, provided that: “Section 344 of the Communications Act of 1934 [[47 U.S.C. 344](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section344&num=0&edition=prelim)], as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b)(1) of that section [working group established Jan. 14, 2022] submits the report to Congress under subsection (g) of that section [report submitted Jan. 13, 2023].”
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 344
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Page 213
TITLE 47—TELECOMMUNICATIONS
§ 344
affidavit with the Commission 30 months after
such status was granted stating that, to the best
of the affiant’s knowledge, it is in compliance
with the requirements for a qualified carrier.
(e) Definitions
For the purposes of this section:
(1) Designated market area
The term ‘‘designated market area’’ has the
meaning given such term in section 122(j)(2)(C)
of title 17.
(2) Good quality satellite signal
(A) In general
The term ‘‘good quality satellite signal’’
means—
(i) a satellite signal whose power level as
designed shall achieve reception and de-
modulation of the signal at an availability
level of at least 99.7 percent using—
(I) models of satellite antennas nor-
mally used by the satellite carrier’s sub-
scribers; and
(II) the same calculation methodology
used by the satellite carrier to deter-
mine predicted signal availability in the
top 100 designated market areas; and
(ii) taking into account whether a signal
is in standard definition format or high
definition format, compression method-
ology, modulation, error correction, power
level, and utilization of advances in tech-
nology that do not circumvent the intent
of this section to provide for non-discrimi-
natory treatment with respect to any com-
parable television broadcast station sig-
nal, a video signal transmitted by a sat-
ellite carrier such that—
(I) the satellite carrier treats all tele-
vision broadcast stations’ signals the
same
with
respect
to
statistical
multiplexer prioritization; and
(II) the number of video signals in the
relevant satellite transponder is not
more than the then current greatest
number of video signals carried on any
equivalent transponder serving the top
100 designated market areas.
(B) Determinatio
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 344
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