47 U.S.C. § 262 — Ensuring the integrity of voice communica-

Page 111 TITLE 47—TELECOMMUNICATIONS § 262 ing common carrier services with respect to any infrastructure, technology, information, facilities, or functions made available to a qualifying carrier in accordance with regula- tions issued pursuant to this section; (4) ensure that such local exchange carrier makes such infrastructure, technology, infor- mation, facilities, or functions available to a qualifying carrier on just and reasonable terms and conditions that permit such quali- fying carrier to fully benefit from the econo- mies of scale and scope of such local exchange carrier, as determined in accordance with guidelines prescribed by the Commission in regulations issued pursuant to this section; (5) establish conditions that promote co- operation between local exchange carriers to which this section applies and qualifying car- riers; (6) not require a local exchange carrier to which this section applies to engage in any in- frastructure sharing agreement for any serv- ices or access which are to be provided or of- fered to consumers by the qualifying carrier in such local exchange carrier’s telephone ex- change area; and (7) require that such local exchange carrier file with the Commission or State for public inspection, any tariffs, contracts, or other ar- rangements showing the rates, terms, and con- ditions under which such carrier is making available public switched network infrastruc- ture and functions under this section. (c) Information concerning deployment of new services and equipment A local exchange carrier to which this section applies that has entered into an infrastructure sharing agreement under this section shall pro- vide to each party to such agreement timely in- formation on the planned deployment of tele- communications services and equipment, includ- ing any software or upgrades of software inte- gral to the use or operation of such tele- communications equipment. (d) ‘‘Qualifying carrier’’ defined For purposes of this section, the term ‘‘quali- fying carrier’’ means a telecommunications car- rier that— (1) lacks economies of scale or scope, as de- termined in accordance with regulations pre- scribed by the Commission pursuant to this section; and (2) offers telephone exchange service, ex- change access, and any other service that is included in universal service, to all consumers without preference throughout the service area for which such carrier has been des- ignated as an eligible telecommunications car- rier under section 214(e) of this title. (June 19, 1934, ch. 652, title II, § 259, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 77.) § 260. Provision of telemessaging service (a) Nondiscrimination safeguards Any local exchange carrier subject to the re- quirements of section 251(c) of this title that provides telemessaging service— (1) shall not subsidize its telemessaging serv- ice directly or indirectly from its telephone exchange service or its exchange access; and (2) shall not prefer or discriminate in favor of its telemessaging service operations in its provision of telecommunications services. (b) Expedited consideration of complaints The Commission shall establish procedures for the receipt and review of complaints concerning violations of subsection (a) or the regulations thereunder that result in material financial harm to a provider of telemessaging service. Such procedures shall ensure that the Commis- sion will make a final determination with re- spect to any such complaint within 120 days after receipt of the complaint. If the complaint contains an appropriate showing that the al- leged violation occurred, the Commission shall, within 60 days after receipt of the complaint, order the local exchange carrier and any affili- ates to cease engaging in such violation pending such final determination. (c) ‘‘Telemessaging service’’ defined As used in this section, the term ‘‘telemes- saging service’’ means voice mail and voice stor- age and retrieval services, any live operator services used to record, transcribe, or relay mes- sages (other than telecommunications relay services), and any ancillary services offered in combination with these services. (June 19, 1934, ch. 652, title II, § 260, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 79.) § 261. Effect on other requirements (a) Commission regulations Nothing in this part shall be construed to pro- hibit the Commission from enforcing regula- tions prescribed prior to February 8, 1996, in ful- filling the requirements of this part, to the ex- tent that such regulations are not inconsistent with the provisions of this part. (b) Existing State regulations Nothing in this part shall be construed to pro- hibit any State commission from enforcing reg- ulations prescribed prior to February 8, 1996, or from prescribing regulations after February 8, 1996, in fulfilling the requirements of this part, if such regulations are not inconsistent with the provisions of this part. (c) Additional State requirements Nothing in this part precludes a State from imposing requirements on a telecommunications carrier for intrastate services that are necessary to further competition in the provision of tele- phone exchange service or exchange access, as long as the State’s requirements are not incon- sistent with this part or the Commission’s regu- lations to implement this part. (June 19, 1934, ch. 652, title II, § 261, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 79.) § 262. Ensuring the integrity of voice communica- tions (a) Registration and compliance by intermediate providers An intermediate provider that offers or holds itself out as offering the capability to transmit Page 112 TITLE 47—TELECOMMUNICATIONS § 271 covered voice communications from one destina- tion to another and that charges any rate to any other entity (including an affiliated entity) for the transmission shall— (1) register with the Commission; and (2) comply with the service quality stand- ards for such transmission to be established by the Commission under subsection (c)(1)(B). (b) Required use of registered intermediate pro- viders A covered provider may not use an inter- mediate provider to transmit covered voice com- munications unless such intermediate provider is registered under subsection (a)(1). (c) Commission rules (1) In general (A) Registry Not later than 180 days after February 26, 2018, the Commission shall promulgate rules to establish a registry to record registra- tions under subsection (a)(1). (B) Service quality standards Not later than 1 year after February 26, 2018, the Commission shall promulgate rules to establish service quality standards for the transmission of covered voice communica- tions by intermediate providers. (2) Requirements In promulgating the rules required by para- graph (1), the Commission shall— (A) ensure the integrity of the trans- mission of covered voice communications to all customers in the United States; and (B) prevent unjust or unreasonable dis- crimination among areas of the United States in the delivery of covered voice com- munications. (d) Public availability of registry The Commission shall make the registry es- tablished under subsection (c)(1)(A) publicly available on the website of the Commission. (e) Scope of application The requirements of this section shall apply regardless of the format by which any commu- nication or service is provided, the protocol or format by which the transmission of such com- munication or service is achieved, or the regu- latory classification of such communication or service. (f) Rule of construction Nothing in this section shall be construed to affect the regulatory classification of any com- munication or service. (g) Effect on other laws Nothing in this section shall be construed to preempt or expand the authority of a State pub- lic utility commission or other relevant State agency to collect data, or investigate and en- force State law and regulations, regarding the completion of intrastate voice communications, regardless of the format by which any commu- nication or service is provided, the protocol or format by which the transmission of such com- munication or service is achieved, or the regu- latory classification of such communication or service. (h) Exception The requirement under subsection (a)(2) to comply with the service quality standards estab- lished under subsection (c)(1)(B) shall not apply to a covered provider that— (1) on or before the date that is 1 year after February 26, 2018, has certified as a Safe Har- bor provider under section 64.2107(a) of title 47, Code of Federal Regulations, or any successor regulation; and (2) continues to meet the requirements under such section 64.2107(a). (i) Definitions In this section: (1) Covered provider The term ‘‘covered provider’’ has the mean- ing given the term in section 64.2101 of title 47, Code of Federal Regulations, or any successor thereto. (2) Covered voice communication The term ‘‘covered voice communication’’ means a voice communication (including any related signaling information) that is gen- erated— (A) from the placement of a call from a connection using a North American Num- bering Plan resource or a call placed to a connection using such a numbering resource; and (B) through any service provided by a cov- ered provider. (3) Intermediate provider The term ‘‘intermediate provider’’ means any entity that— (A) enters into a business arrangement with a covered provider or other inter- mediate provider for the specific purpose of carrying, routing, or transmitting voice traffic that is generated from the placement of a call placed— (i) from an end user connection using a North American Numbering Plan resource; or (ii) to an end user connection using such a numbering resource; and (B) does not itself, either directly or in conjunction with an affiliate, serve as a cov- ered provider in the context of originating or terminating a given call. (June 19, 1934, ch. 652, title II, § 262, as added Pub. L. 115–129, § 2, Feb. 26, 2018, 132 Stat. 329.) PART III—SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES § 271. Bell operating company entry into interLATA services (a) General limitation Neither a Bell operating company, nor any af- filiate of a Bell operating company, may provide interLATA services except as provided in this section. (b) InterLATA services to which this section ap- plies (1) In-region services A Bell operating company, or any affiliate of that Bell operating company, may provide