47 U.S.C. § 225 — Telecommunications services for hearing-

Page 63 TITLE 47—TELECOMMUNICATIONS § 225 1 So in original. Probably should be ‘‘nondiscriminatory’’. of 5 years beginning on the effective date of such regulations. (f) Nondiscriminatory access (1) A utility shall provide a cable television system or any telecommunications carrier with nondiscriminatory access to any pole, duct, con- duit, or right-of-way owned or controlled by it. (2) Notwithstanding paragraph (1), a utility providing electric service may deny a cable tele- vision system or any telecommunications car- rier access to its poles, ducts, conduits, or rights-of-way, on a non-discriminatory 1 basis where there is insufficient capacity and for rea- sons of safety, reliability and generally applica- ble engineering purposes. (g) Imputation to costs of pole attachment rate A utility that engages in the provision of tele- communications services or cable services shall impute to its costs of providing such services (and charge any affiliate, subsidiary, or asso- ciate company engaged in the provision of such services) an equal amount to the pole attach- ment rate for which such company would be lia- ble under this section. (h) Modification or alteration of pole, duct, con- duit, or right-of-way Whenever the owner of a pole, duct, conduit, or right-of-way intends to modify or alter such pole, duct, conduit, or right-of-way, the owner shall provide written notification of such action to any entity that has obtained an attachment to such conduit or right-of-way so that such en- tity may have a reasonable opportunity to add to or modify its existing attachment. Any entity that adds to or modifies its existing attachment after receiving such notification shall bear a proportionate share of the costs incurred by the owner in making such pole, duct, conduit, or right-of-way accessible. (i) Costs of rearranging or replacing attachment An entity that obtains an attachment to a pole, conduit, or right-of-way shall not be re- quired to bear any of the costs of rearranging or replacing its attachment, if such rearrangement or replacement is required as a result of an addi- tional attachment or the modification of an ex- isting attachment sought by any other entity (including the owner of such pole, duct, conduit, or right-of-way). (June 19, 1934, ch. 652, title II, § 224, as added Pub. L. 95–234, § 6, Feb. 21, 1978, 92 Stat. 35; amended Pub. L. 97–259, title I, § 106, Sept. 13, 1982, 96 Stat. 1091; Pub. L. 98–549, § 4, Oct. 30, 1984, 98 Stat. 2801; Pub. L. 103–414, title III, § 304(a)(7), Oct. 25, 1994, 108 Stat. 4297; Pub. L. 104–104, title VII, § 703, Feb. 8, 1996, 110 Stat. 149.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(1). Pub. L. 104–104, § 703(1), inserted first sentence and struck out former first sentence which read as follows: ‘‘The term ‘utility’ means any person whose rates or charges are regulated by the Fed- eral Government or a State and who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for wire communication.’’ Subsec. (a)(4). Pub. L. 104–104, § 703(2), inserted ‘‘or provider of telecommunications service’’ after ‘‘sys- tem’’. Subsec. (a)(5). Pub. L. 104–104, § 703(3), added par. (5). Subsec. (c)(1). Pub. L. 104–104, § 703(4), inserted ‘‘, or access to poles, ducts, conduits, and rights-of-way as provided in subsection (f),’’ after ‘‘conditions’’. Subsec. (c)(2)(B). Pub. L. 104–104, § 703(5), substituted ‘‘the services offered via such attachments’’ for ‘‘cable television services’’. Subsec. (d)(3). Pub. L. 104–104, § 703(6), added par. (3). Subsecs. (e) to (i). Pub. L. 104–104, § 703(7), added sub- secs. (e) to (i). 1994—Subsec. (b)(2). Pub. L. 103–414 substituted ‘‘The Commission’’ for ‘‘Within 180 days from February 21, 1978, the Commission’’. 1984—Subsec. (c)(3). Pub. L. 98–549 added par. (3). 1982—Subsec. (e). Pub. L. 97–259 struck out subsec. (e) which provided that, upon expiration of 5-year period that began on Feb. 21, 1978, provisions of subsec. (d) of this section would cease to have any effect. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly pro- vided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title. EFFECTIVE DATE Section effective on thirtieth day after Feb. 21, 1978, see section 7 of Pub. L. 95–234, set out as an Effective Date of 1978 Amendment note under section 152 of this title. § 225. Telecommunications services for hearing- impaired and speech-impaired individuals (a) Definitions As used in this section— (1) Common carrier or carrier The term ‘‘common carrier’’ or ‘‘carrier’’ in- cludes any common carrier engaged in inter- state communication by wire or radio as de- fined in section 153 of this title and any com- mon carrier engaged in intrastate communica- tion by wire or radio, notwithstanding sec- tions 152(b) and 221(b) of this title. (2) TDD The term ‘‘TDD’’ means a Telecommuni- cations Device for the Deaf, which is a ma- chine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. (3) Telecommunications relay services The term ‘‘telecommunications relay serv- ices’’ means telephone transmission services that provide the ability for an individual who is deaf, hard of hearing, deaf-blind, or who has a speech disability to engage in communica- tion by wire or radio with one or more individ- uals, in a manner that is functionally equiva- lent to the ability of a hearing individual who does not have a speech disability to commu- nicate using voice communication services by wire or radio. (b) Availability of telecommunications relay services (1) In general In order to carry out the purposes estab- lished under section 151 of this title, to make Page 64 TITLE 47—TELECOMMUNICATIONS § 225 available to all individuals in the United States a rapid, efficient nationwide commu- nication service, and to increase the utility of the telephone system of the Nation, the Com- mission shall ensure that interstate and intra- state telecommunications relay services are available, to the extent possible and in the most efficient manner, to hearing-impaired and speech-impaired individuals in the United States. (2) Use of general authority and remedies For the purposes of administering and en- forcing the provisions of this section and the regulations prescribed thereunder, the Com- mission shall have the same authority, power, and functions with respect to common carriers engaged in intrastate communication as the Commission has in administering and enforc- ing the provisions of this subchapter with re- spect to any common carrier engaged in inter- state communication. Any violation of this section by any common carrier engaged in intrastate communication shall be subject to the same remedies, penalties, and procedures as are applicable to a violation of this chapter by a common carrier engaged in interstate communication. (c) Provision of services Each common carrier providing telephone voice transmission services shall, not later than 3 years after July 26, 1990, provide in compliance with the regulations prescribed under this sec- tion, throughout the area in which it offers serv- ice, telecommunications relay services, individ- ually, through designees, through a competi- tively selected vendor, or in concert with other carriers. A common carrier shall be considered to be in compliance with such regulations— (1) with respect to intrastate telecommuni- cations relay services in any State that does not have a certified program under subsection (f) and with respect to interstate tele- communications relay services, if such com- mon carrier (or other entity through which the carrier is providing such relay services) is in compliance with the Commission’s regula- tions under subsection (d); or (2) with respect to intrastate telecommuni- cations relay services in any State that has a certified program under subsection (f) for such State, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the pro- gram certified under subsection (f) for such State. (d) Regulations (1) In general The Commission shall, not later than 1 year after July 26, 1990, prescribe regulations to im- plement this section, including regulations that— (A) establish functional requirements, guidelines, and operations procedures for telecommunications relay services; (B) establish minimum standards that shall be met in carrying out subsection (c); (C) require that telecommunications relay services operate every day for 24 hours per day; (D) require that users of telecommuni- cations relay services pay rates no greater than the rates paid for functionally equiva- lent voice communication services with re- spect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination; (E) prohibit relay operators from failing to fulfill the obligations of common carriers by refusing calls or limiting the length of calls that use telecommunications relay services; (F) prohibit relay operators from dis- closing the content of any relayed conversa- tion and from keeping records of the content of any such conversation beyond the dura- tion of the call; and (G) prohibit relay operators from inten- tionally altering a relayed conversation. (2) Technology The Commission shall ensure that regula- tions prescribed to implement this section en- courage, consistent with section 157(a) of this title, the use of existing technology and do not discourage or impair the development of im- proved technology. (3) Jurisdictional separation of costs (A) In general Consistent with the provisions of section 410 of this title, the Commission shall pre- scribe regulations governing the jurisdic- tional separation of costs for the services provided pursuant to this section. (B) Recovering costs Such regulations shall generally provide that costs caused by interstate tele- communications relay services shall be re- covered from all subscribers for every inter- state service and costs caused by intrastate telecommunications relay services shall be recovered from the intrastate jurisdiction. In a State that has a certified program under subsection (f), a State commission shall permit a common carrier to recover the costs incurred in providing intrastate telecommunications relay services by a method consistent with the requirements of this section. (e) Enforcement (1) In general Subject to subsections (f) and (g), the Com- mission shall enforce this section. (2) Complaint The Commission shall resolve, by final order, a complaint alleging a violation of this section within 180 days after the date such complaint is filed. (f) Certification (1) State documentation Any State desiring to establish a State pro- gram under this section shall submit docu- mentation to the Commission that describes the program of such State for implementing intrastate telecommunications relay services and the procedures and remedies available for enforcing any requirements imposed by the State program. Page 65 TITLE 47—TELECOMMUNICATIONS § 226 (2) Requirements for certification After review of such documentation, the Commission shall certify the State program if the Commission determines that— (A) the program makes available to hear- ing-impaired and speech-impaired individ- uals, either directly, through designees, through a competitively selected vendor, or through regulation of intrastate common carriers, intrastate telecommunications relay services in such State in a manner that meets or exceeds the requirements of regulations prescribed by the Commission under subsection (d); and (B) the program makes available adequate procedures and remedies for enforcing the requirements of the State program. (3) Method of funding Except as provided in subsection (d), the Commission shall not refuse to certify a State program based solely on the method such State will implement for funding intrastate telecommunication relay services. (4) Suspension or revocation of certification The Commission may suspend or revoke such certification if, after notice and oppor- tunity for hearing, the Commission deter- mines that such certification is no longer war- ranted. In a State whose program has been suspended or revoked, the Commission shall take such steps as may be necessary, con- sistent with this section, to ensure continuity of telecommunications relay services. (g) Complaint (1) Referral of complaint If a complaint to the Commission alleges a violation of this section with respect to intra- state telecommunications relay services with- in a State and certification of the program of such State under subsection (f) is in effect, the Commission shall refer such complaint to such State. (2) Jurisdiction of Commission After referring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if— (A) final action under such State program has not been taken on such complaint by such State— (i) within 180 days after the complaint is filed with such State; or (ii) within a shorter period as prescribed by the regulations of such State; or (B) the Commission determines that such State program is no longer qualified for cer- tification under subsection (f). (June 19, 1934, ch. 652, title II, § 225, as added Pub. L. 101–336, title IV, § 401(a), July 26, 1990, 104 Stat. 366; amended Pub. L. 104–104, § 3(d)(1), Feb. 8, 1996, 110 Stat. 61; Pub. L. 111–260, title I, § 103(a), Oct. 8, 2010, 124 Stat. 2755.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(2), 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 2010—Subsec. (a)(3). Pub. L. 111–260 amended par. (3) generally. Prior to amendment, text read as follows: ‘‘The term ‘telecommunications relay services’ means telephone transmission services that provide the abil- ity for an individual who has a hearing impairment or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an indi- vidual who does not have a hearing impairment or speech impairment to communicate using voice com- munication services by wire or radio. Such term in- cludes services that enable two-way communication be- tween an individual who uses a TDD or other nonvoice terminal device and an individual who does not use such a device.’’ 1996—Subsec. (a)(1). Pub. L. 104–104 substituted ‘‘sec- tion 153’’ for ‘‘section 153(h)’’. § 226. Telephone operator services (a) Definitions As used in this section— (1) The term ‘‘access code’’ means a sequence of numbers that, when dialed, connect the caller to the provider of operator services as- sociated with that sequence. (2) The term ‘‘aggregator’’ means any person that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises, for interstate telephone calls using a provider of operator services. (3) The term ‘‘call splashing’’ means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the loca- tion of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such loca- tion. (4) The term ‘‘consumer’’ means a person initiating any interstate telephone call using operator services. (5) The term ‘‘equal access’’ has the meaning given that term in Appendix B of the Modifica- tion of Final Judgment entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82–0192 (United States Dis- trict Court, District of Columbia), as amended by the Court in its orders issued prior to Octo- ber 17, 1990. (6) The term ‘‘equal access code’’ means an access code that allows the public to obtain an equal access connection to the carrier associ- ated with that code. (7) The term ‘‘operator services’’ means any interstate telecommunications service initi- ated from an aggregator location that in- cludes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of an interstate tele- phone call through a method other than— (A) automatic completion with billing to the telephone from which the call origi- nated; or (B) completion through an access code used by the consumer, with billing to an ac-