Arkansas Legal Resource Navigator

47 U.S.C. § 345 — Protection of survivors of domestic vio-

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

47 U.S.C. § 345 — Protection of survivors of domestic vio-

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214 TITLE 47—TELECOMMUNICATIONS § 345 munications Act of 1934 [47 U.S.C. 344], as added by sub- section (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b)(1) of that section [working group established Jan. 14, 2022]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

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 345

Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: e8b934333e43e1ddf4b916bb8c48f6a780542b869c268b7c5060357ef7a63909. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:usc2024-402a26b21bd5e98ebebffcc4
Source file: Laws/federal/codes/united-states-code-2024/title-47/section-345-protection-of-survivors-of-domestic-vio--a311bd7251.md
Pages: Not recorded – Not recorded
Passage SHA-256: 1e560c307495ee7e23130b069307f8a64f7af8e55408b84f88019d7695240e99

Source location: USCODE-2024-title47-chap5-subchapIII-partI-sec345.pdf

Stored source content

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). Page 216 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

47 U.S.C. § 1001 — Definitions

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

Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.

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

47 U.S.C. § 1001 — Definitions

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.

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

47 U.S.C. § 1752 — Benefit for broadband service

**(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

Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 1752. This identifies an authority to review, not proof of applicability.

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

47 U.S.C. § 1752 — Benefit for broadband service

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 1752. This identifies an authority to review, not proof of applicability.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 227

Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 227. This identifies an authority to review, not proof of applicability.

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

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 227

Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 227. This identifies an authority to review, not proof of applicability.

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

47 U.S.C. § 227b — Call authentication

**(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

Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 227b. This identifies an authority to review, not proof of applicability.

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

47 U.S.C. § 227b — Call authentication

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 227b. This identifies an authority to review, not proof of applicability.

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

47 U.S.C. § 344 — Repealed. Pub. L. 117–58, div. F, title VI, § 60602(b), Nov. 15, 2021, 135 Stat. 1249

### 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

Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 344. This identifies an authority to review, not proof of applicability.

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

47 U.S.C. § 344 — Repealed. Pub. L. 117–58, div. F, title VI,

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 344. This identifies an authority to review, not proof of applicability.