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47 U.S.C. § 344 — Repealed. Pub. L. 117–58, div. F, title VI,
Federal law — U.S. Code and appendices · legal_authorities
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
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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) Determination
For the purposes of subparagraph (A), the
top 100 designated market areas shall be as
determined by Nielsen Media Research and
published in the Nielsen Station Index Di-
rectory and Nielsen Station Index United
States Television Household Estimates or
any successor publication as of the date of a
satellite carrier’s application for certifi-
cation under this section.
(June 19, 1934, ch. 652, title III, § 342, as added
Pub. L. 111–175, title II, § 206, May 27, 2010, 124
Stat. 1250.)
Editorial Notes
REFERENCES IN TEXT
Section 119(g) of title 17, referred to in subsecs. (a)
and (d), was redesignated section 119(f) of title 17 by
Pub. L. 116–94, div. P, title XI, § 1102(a)(6), Dec. 20, 2019,
133 Stat. 3203.
The date of enactment of the Satellite Television Ex-
tension and Localism Act of 2010, referred to in subsecs.
(a)(2) and (b)(1), is the date of enactment of Pub. L.
111–175, which shall be deemed to refer to Feb. 27, 2010,
see section 307(a) of Pub. L. 111–175, set out as an Effec-
tive Date of 2010 Amendment note under section 111 of
Title 17, Copyrights.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Feb. 27, 2010, see section 307(a) of
Pub. L. 111–175, set out as an Effective Date of 2010
Amendment note under section 111 of Title 17, Copy-
rights.
§ 343. Conditions on commercial terrestrial oper-
ations
(a) In general
The Commission shall not permit commercial
terrestrial operations in the 1525–1559 megahertz
band or the 1626.5–1660.5 megahertz band until
the date that is 90 days after the Commission re-
solves concerns of widespread harmful inter-
ference by such operations in such band to cov-
ered GPS devices.
(b) Notice to Congress
(1) In general
At the conclusion of the decision regarding
whether to permit such operations in such
band, the Commission shall submit to the con-
gressional committees described in paragraph
(2) official copies of the documents containing
the final decision of the Commission. If the de-
cision is to permit such operations in such
band, such documents shall contain or be ac-
companied by an explanation of how the con-
cerns described in subsection (a) have been re-
solved.
(2) Congressional committees described
The congressional committees described in
this paragraph are the following:
(A) The Committee on Energy and Com-
merce and the Committee on Armed Serv-
ices of the House of Representatives.
(B) The Committee on Commerce, Science,
and Transportation and the Committee on
Armed Services of the Senate.
(c) Covered GPS device defined
In this section, the term ‘‘covered GPS de-
vice’’ means a Global Positioning System device
of the Department of Defense.
(June 19, 1934, ch. 652, title III, § 343, as added
Pub. L. 114–328, div. A, title XVI, § 1698(a), Dec.
23, 2016, 130 Stat. 2641.)
§ 344. Repealed. Pub. L. 117–58, div. F, title VI,
§ 60602(b), Nov. 15, 2021, 135 Stat. 1249
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 tele-
communications 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.
Statutory Notes and Related Subsidiaries
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 Com-
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-
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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
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.