47 U.S.C. § 223 — Obscene or harassing telephone calls in the

Page 57 TITLE 47—TELECOMMUNICATIONS § 223 1 So in original. Probably should be subsection ‘‘(h)(3)(A)’’. such term is defined in section 615b of this title), other than in accordance with sub- section (d)(4); or (2) automatic crash notification information to any person other than for use in the oper- ation of an automatic crash notification sys- tem. (g) Subscriber listed and unlisted information for emergency services Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides tele- phone exchange service or a provider of IP-en- abled voice service (as such term is defined in section 615b of this title) shall provide informa- tion described in subsection (i)(3)(A) 1 (including information pertaining to subscribers whose in- formation is unlisted or unpublished) that is in its possession or control (including information pertaining to subscribers of other carriers) on a timely and unbundled basis, under nondiscrim- inatory and reasonable rates, terms, and condi- tions to providers of emergency services, and providers of emergency support services, solely for purposes of delivering or assisting in the de- livery of emergency services. (h) Definitions As used in this section: (1) Customer proprietary network information The term ‘‘customer proprietary network in- formation’’ means— (A) information that relates to the quan- tity, technical configuration, type, destina- tion, location, and amount of use of a tele- communications service subscribed to by any customer of a telecommunications car- rier, and that is made available to the car- rier by the customer solely by virtue of the carrier-customer relationship; and (B) information contained in the bills per- taining to telephone exchange service or telephone toll service received by a cus- tomer of a carrier; except that such term does not include sub- scriber list information. (2) Aggregate information The term ‘‘aggregate customer information’’ means collective data that relates to a group or category of services or customers, from which individual customer identities and char- acteristics have been removed. (3) Subscriber list information The term ‘‘subscriber list information’’ means any information— (A) identifying the listed names of sub- scribers of a carrier and such subscribers’ telephone numbers, addresses, or primary advertising classifications (as such classi- fications are assigned at the time of the es- tablishment of such service), or any com- bination of such listed names, numbers, ad- dresses, or classifications; and (B) that the carrier or an affiliate has pub- lished, caused to be published, or accepted for publication in any directory format. (4) Public safety answering point The term ‘‘public safety answering point’’ means a facility that has been designated to receive emergency calls and route them to emergency service personnel. (5) Emergency services The term ‘‘emergency services’’ means 9–1–1 emergency services and emergency notifica- tion services. (6) Emergency notification services The term ‘‘emergency notification services’’ means services that notify the public of an emergency. (7) Emergency support services The term ‘‘emergency support services’’ means information or data base management services used in support of emergency services. (June 19, 1934, ch. 652, title II, § 222, as added Pub. L. 104–104, title VII, § 702, Feb. 8, 1996, 110 Stat. 148; amended Pub. L. 106–81, § 5, Oct. 26, 1999, 113 Stat. 1288; Pub. L. 110–283, title III, § 301, July 23, 2008, 122 Stat. 2625.) Editorial Notes PRIOR PROVISIONS A prior section 222, act June 19, 1934, ch. 652, title II, § 222, as added Mar. 6, 1943, ch. 10, § 1, 57 Stat. 5; amend- ed July 12, 1960, Pub. L. 86–624, § 36, 74 Stat. 421; Nov. 30, 1974, Pub. L. 93–506, § 2, 88 Stat. 1577; Dec. 24, 1980, Pub. L. 96–590, 94 Stat. 3414; Dec. 29, 1981, Pub. L. 97–130, § 2, 95 Stat. 1687, related to competition among record car- riers, prior to repeal by Pub. L. 103–414, title III, § 304(a)(6), Oct. 25, 1994, 108 Stat. 4297. AMENDMENTS 2008—Subsec. (d)(4). Pub. L. 110–283, § 301(1), inserted ‘‘or the user of an IP-enabled voice service (as such term is defined in section 615b of this title)’’ after ‘‘sec- tion 332(d) of this title)’’ in introductory provisions. Subsec. (f). Pub. L. 110–283, § 301(2), struck out ‘‘wire- less’’ before ‘‘location’’ in heading. Subsec. (f)(1). Pub. L. 110–283, § 301(1), inserted ‘‘or the user of an IP-enabled voice service (as such term is de- fined in section 615b of this title)’’ after ‘‘section 332(d) of this title)’’. Subsec. (g). Pub. L. 110–283, § 301(3), inserted ‘‘or a pro- vider of IP-enabled voice service (as such term is de- fined in section 615b of this title)’’ after ‘‘telephone ex- change service’’. 1999—Subsec. (d)(4). Pub. L. 106–81, § 5(1), added par. (4). Subsecs. (f), (g). Pub. L. 106–81, § 5(2), added subsecs. (f) and (g). Former subsec. (f) redesignated (h). Subsec. (h). Pub. L. 106–81, § 5(2)–(4), redesignated sub- sec. (f) as (h), inserted ‘‘location,’’ after ‘‘destination,’’ in par. (1)(A), and added pars. (4) to (7). § 223. Obscene or harassing telephone calls in the District of Columbia or in interstate or for- eign communications (a) Prohibited acts generally Whoever— (1) in interstate or foreign communica- tions— (A) by means of a telecommunications de- vice knowingly— (i) makes, creates, or solicits, and (ii) initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is ob- scene or child pornography, with intent to abuse, threaten, or harass another person; (B) by means of a telecommunications de- vice knowingly— Page 58 TITLE 47—TELECOMMUNICATIONS § 223 (i) makes, creates, or solicits, and (ii) initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is ob- scene or child pornography, knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication; (C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with in- tent to abuse, threaten, or harass any spe- cific person; (D) makes or causes the telephone of an- other repeatedly or continuously to ring, with intent to harass any person at the called number; or (E) makes repeated telephone calls or re- peatedly initiates communication with a telecommunications device, during which conversation or communication ensues, sole- ly to harass any specific person; or (2) knowingly permits any telecommuni- cations facility under his control to be used for any activity prohibited by paragraph (1) with the intent that it be used for such activ- ity, shall be fined under title 18 or imprisoned not more than two years, or both. (b) Prohibited acts for commercial purposes; de- fense to prosecution (1) Whoever knowingly— (A) within the United States, by means of telephone, makes (directly or by recording de- vice) any obscene communication for commer- cial purposes to any person, regardless of whether the maker of such communication placed the call; or (B) permits any telephone facility under such person’s control to be used for an activity prohibited by subparagraph (A), shall be fined in accordance with title 18 or im- prisoned not more than two years, or both. (2) Whoever knowingly— (A) within the United States, by means of telephone, makes (directly or by recording de- vice) any indecent communication for com- mercial purposes which is available to any person under 18 years of age or to any other person without that person’s consent, regard- less of whether the maker of such communica- tion placed the call; or (B) permits any telephone facility under such person’s control to be used for an activity prohibited by subparagraph (A), shall be fined not more than $50,000 or imprisoned not more than six months, or both. (3) It is a defense to prosecution under para- graph (2) of this subsection that the defendant restricted access to the prohibited communica- tion to persons 18 years of age or older in ac- cordance with subsection (c) of this section and with such procedures as the Commission may prescribe by regulation. (4) In addition to the penalties under para- graph (1), whoever, within the United States, in- tentionally violates paragraph (1) or (2) shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. (5)(A) In addition to the penalties under para- graphs (1), (2), and (5), whoever, within the United States, violates paragraph (1) or (2) shall be subject to a civil fine of not more than $50,000 for each violation. For purposes of this para- graph, each day of violation shall constitute a separate violation. (B) A fine under this paragraph may be as- sessed either— (i) by a court, pursuant to civil action by the Commission or any attorney employed by the Commission who is designated by the Commis- sion for such purposes, or (ii) by the Commission after appropriate ad- ministrative proceedings. (6) The Attorney General may bring a suit in the appropriate district court of the United States to enjoin any act or practice which vio- lates paragraph (1) or (2). An injunction may be granted in accordance with the Federal Rules of Civil Procedure. (c) Restriction on access to subscribers by com- mon carriers; judicial remedies respecting restrictions (1) A common carrier within the District of Columbia or within any State, or in interstate or foreign commerce, shall not, to the extent technically feasible, provide access to a commu- nication specified in subsection (b) from the telephone of any subscriber who has not pre- viously requested in writing the carrier to pro- vide access to such communication if the carrier collects from subscribers an identifiable charge for such communication that the carrier remits, in whole or in part, to the provider of such com- munication. (2) Except as provided in paragraph (3), no cause of action may be brought in any court or administrative agency against any common car- rier, or any of its affiliates, including their offi- cers, directors, employees, agents, or authorized representatives on account of— (A) any action which the carrier dem- onstrates was taken in good faith to restrict access pursuant to paragraph (1) of this sub- section; or (B) any access permitted— (i) in good faith reliance upon the lack of any representation by a provider of commu- nications that communications provided by that provider are communications specified in subsection (b), or (ii) because a specific representation by the provider did not allow the carrier, acting in good faith, a sufficient period to restrict access to communications described in sub- section (b). (3) Notwithstanding paragraph (2) of this sub- section, a provider of communications services to which subscribers are denied access pursuant to paragraph (1) of this subsection may bring an action for a declaratory judgment or similar ac- tion in a court. Any such action shall be limited to the question of whether the communications Page 59 TITLE 47—TELECOMMUNICATIONS § 223 which the provider seeks to provide fall within the category of communications to which the carrier will provide access only to subscribers who have previously requested such access. (d) Sending or displaying offensive material to persons under 18 Whoever— (1) in interstate or foreign communications knowingly— (A) uses an interactive computer service to send to a specific person or persons under 18 years of age, or (B) uses any interactive computer service to display in a manner available to a person under 18 years of age, any comment, request, suggestion, proposal, image, or other communication that is ob- scene or child pornography, regardless of whether the user of such service placed the call or initiated the communication; or (2) knowingly permits any telecommuni- cations facility under such person’s control to be used for an activity prohibited by para- graph (1) with the intent that it be used for such activity, shall be fined under title 18 or imprisoned not more than two years, or both. (e) Defenses In addition to any other defenses available by law: (1) No person shall be held to have violated subsection (a) or (d) solely for providing access or connection to or from a facility, system, or network not under that person’s control, in- cluding transmission, downloading, inter- mediate storage, access software, or other re- lated capabilities that are incidental to pro- viding such access or connection that does not include the creation of the content of the com- munication. (2) The defenses provided by paragraph (1) of this subsection shall not be applicable to a person who is a conspirator with an entity ac- tively involved in the creation or knowing dis- tribution of communications that violate this section, or who knowingly advertises the availability of such communications. (3) The defenses provided in paragraph (1) of this subsection shall not be applicable to a person who provides access or connection to a facility, system, or network engaged in the violation of this section that is owned or con- trolled by such person. (4) No employer shall be held liable under this section for the actions of an employee or agent unless the employee’s or agent’s con- duct is within the scope of his or her employ- ment or agency and the employer (A) having knowledge of such conduct, authorizes or rati- fies such conduct, or (B) recklessly disregards such conduct. (5) It is a defense to a prosecution under sub- section (a)(1)(B) or (d), or under subsection (a)(2) with respect to the use of a facility for an activity under subsection (a)(1)(B) that a person— (A) has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by minors to a communication specified in such subsections, which may involve any ap- propriate measures to restrict minors from such communications, including any method which is feasible under available technology; or (B) has restricted access to such commu- nication by requiring use of a verified credit card, debit account, adult access code, or adult personal identification number. (6) The Commission may describe measures which are reasonable, effective, and appro- priate to restrict access to prohibited commu- nications under subsection (d). Nothing in this section authorizes the Commission to enforce, or is intended to provide the Commission with the authority to approve, sanction, or permit, the use of such measures. The Commission shall have no enforcement authority over the failure to utilize such measures. The Commis- sion shall not endorse specific products relat- ing to such measures. The use of such meas- ures shall be admitted as evidence of good faith efforts for purposes of paragraph (5) in any action arising under subsection (d). Noth- ing in this section shall be construed to treat interactive computer services as common car- riers or telecommunications carriers. (f) Violations of law required; commercial enti- ties, nonprofit libraries, or institutions of higher education (1) No cause of action may be brought in any court or administrative agency against any per- son on account of any activity that is not in vio- lation of any law punishable by criminal or civil penalty, and that the person has taken in good faith to implement a defense authorized under this section or otherwise to restrict or prevent the transmission of, or access to, a communica- tion specified in this section. (2) No State or local government may impose any liability for commercial activities or ac- tions by commercial entities, nonprofit librar- ies, or institutions of higher education in con- nection with an activity or action described in subsection (a)(2) or (d) that is inconsistent with the treatment of those activities or actions under this section: Provided, however, That noth- ing herein shall preclude any State or local gov- ernment from enacting and enforcing com- plementary oversight, liability, and regulatory systems, procedures, and requirements, so long as such systems, procedures, and requirements govern only intrastate services and do not result in the imposition of inconsistent rights, duties or obligations on the provision of interstate services. Nothing in this subsection shall pre- clude any State or local government from gov- erning conduct not covered by this section. (g) Application and enforcement of other Federal law Nothing in subsection (a), (d), (e), or (f) or in the defenses to prosecution under subsection (a) or (d) shall be construed to affect or limit the application or enforcement of any other Federal law. (h) Definitions For purposes of this section— (1) The use of the term ‘‘telecommunications device’’ in this section— Page 60 TITLE 47—TELECOMMUNICATIONS § 223 1 See References in Text note below. (A) shall not impose new obligations on broadcasting station licensees and cable op- erators covered by obscenity and indecency provisions elsewhere in this chapter; (B) does not include an interactive com- puter service; and (C) in the case of subparagraph (C) of sub- section (a)(1), includes any device or soft- ware that can be used to originate tele- communications or other types of commu- nications that are transmitted, in whole or in part, by the Internet (as such term is de- fined in section 1104 1 of the Internet Tax Freedom Act (47 U.S.C. 151 note)). (2) The term ‘‘interactive computer service’’ has the meaning provided in section 230(f)(2) of this title. (3) The term ‘‘access software’’ means soft- ware (including client or server software) or enabling tools that do not create or provide the content of the communication but that allow a user to do any one or more of the fol- lowing: (A) filter, screen, allow, or disallow con- tent; (B) pick, choose, analyze, or digest con- tent; or (C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content. (4) The term ‘‘institution of higher edu- cation’’ has the meaning provided in section 1001 of title 20. (5) The term ‘‘library’’ means a library eligi- ble for participation in State-based plans for funds under title III of the Library Services and Construction Act (20 U.S.C. 355e et seq.). (June 19, 1934, ch. 652, title II, § 223, as added Pub. L. 90–299, § 1, May 3, 1968, 82 Stat. 112; amended Pub. L. 98–214, § 8(a), (b), Dec. 8, 1983, 97 Stat. 1469, 1470; Pub. L. 100–297, title VI, § 6101, Apr. 28, 1988, 102 Stat. 424; Pub. L. 100–690, title VII, § 7524, Nov. 18, 1988, 102 Stat. 4502; Pub. L. 101–166, title V, § 521(1), Nov. 21, 1989, 103 Stat. 1192; Pub. L. 103–414, title III, § 303(a)(9), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 104–104, title V, § 502, Feb. 8, 1996, 110 Stat. 133; Pub. L. 105–244, title I, § 102(a)(14), Oct. 7, 1998, 112 Stat. 1621; Pub. L. 105–277, div. C, title XIV, § 1404(b), Oct. 21, 1998, 112 Stat. 2681–739; Pub. L. 108–21, title VI, § 603, Apr. 30, 2003, 117 Stat. 687; Pub. L. 109–162, title I, § 113(a), Jan. 5, 2006, 119 Stat. 2987; Pub. L. 113–4, title XI, § 1102, Mar. 7, 2013, 127 Stat. 135.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b)(6), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. This chapter, referred to in subsec. (h)(1)(A), 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 complete classification of this Act to the Code, see sec- tion 609 of this title and Tables. Section 1104 of the Internet Tax Freedom Act, re- ferred to in subsec. (h)(1)(C), is section 1104 of title XI of div. C of Pub. L. 105–277, which is set out in a note under section 151 of this title. The term ‘‘Internet’’ is defined in section 1105 of Pub. L. 105–277, which is set out in the same note under section 151 of this title. The Library Services and Construction Act, referred to in subsec. (h)(5), is act June 19, 1956, ch. 407, 70 Stat. 293. Title III of the Act was classified generally to sub- chapter III (§ 355e et seq.) of chapter 16 of Title 20, Edu- cation, and was repealed by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312. AMENDMENTS 2013—Subsec. (a)(1)(A). Pub. L. 113–4, § 1102(1), struck out ‘‘annoy,’’ after ‘‘intent to’’ in concluding provi- sions. Subsec. (a)(1)(C). Pub. L. 113–4, § 1102(2)(B), which di- rected the substitution of ‘‘harass any specific person’’ for ‘‘harass any person at the called number or who re- ceives the communication’’, was executed by making the substitution for ‘‘harass any person at the called number or who receives the communications’’, to re- flect the probable intent of Congress. Pub. L. 113–4, § 1102(2)(A), struck out ‘‘annoy,’’ after ‘‘intent to’’. Subsec. (a)(1)(E). Pub. L. 113–4, § 1102(3), substituted ‘‘harass any specific person’’ for ‘‘harass any person at the called number or who receives the communica- tion’’. 2006—Subsec. (h)(1)(C). Pub. L. 109–162 added subpar. (C). 2003—Subsec. (a)(1)(A). Pub. L. 108–21, § 603(1)(A), sub- stituted ‘‘or child pornography’’ for ‘‘, lewd, lascivious, filthy, or indecent’’ in concluding provisions. Subsec. (a)(1)(B). Pub. L. 108–21, § 603(1)(B), sub- stituted ‘‘child pornography’’ for ‘‘indecent’’ in con- cluding provisions. Subsec. (d)(1). Pub. L. 108–21, § 603(2), substituted ‘‘is obscene or child pornography’’ for ‘‘, in context, de- picts or describes, in terms patently offensive as meas- ured by contemporary community standards, sexual or excretory activities or organs’’ in concluding provi- sions. 1998—Subsec. (h)(2). Pub. L. 105–277 substituted ‘‘230(f)(2)’’ for ‘‘230(e)(2)’’. Subsec. (h)(4). Pub. L. 105–244, which directed amend- ment of section 223(h)(4) of the Telecommunications Act of 1934 (47 U.S.C. 223(h)(4)) by substituting ‘‘section 1001’’ for ‘‘section 1141’’, was executed to this section, which is section 223 of the Communications Act of 1934, to reflect the probable intent of Congress. 1996—Subsec. (a). Pub. L. 104–104, § 502(1), added sub- sec. (a) and struck out former subsec. (a) which read as follows: ‘‘Whoever— ‘‘(1) in the District of Columbia or in interstate or foreign communication by means of telephone— ‘‘(A) makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy, or indecent; ‘‘(B) makes a telephone call, whether or not con- versation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or har- ass any person at the called number; ‘‘(C) makes or causes the telephone of another re- peatedly or continuously to ring, with intent to harass any person at the called number; or ‘‘(D) makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or ‘‘(2) knowingly permits any telephone facility under his control to be used for any purpose prohib- ited by this section, shall be fined not more than $50,000 or imprisoned not more than six months, or both.’’ Subsecs. (d) to (h). Pub. L. 104–104, § 502(2), added sub- secs. (d) to (h). 1994—Subsec. (b)(3). Pub. L. 103–414 substituted ‘‘de- fendant restricted access’’ for ‘‘defendant restrict ac- cess’’. 1989—Subsecs. (b), (c). Pub. L. 101–166 added subsecs. (b) and (c) and struck out former subsec. (b) which read as follows: Page 61 TITLE 47—TELECOMMUNICATIONS § 224 ‘‘(1) Whoever knowingly— ‘‘(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene communication for commercial purposes to any per- son, regardless of whether the maker of such commu- nication placed the call; or ‘‘(B) permits any telephone facility under such per- son’s control to be used for an activity prohibited by clause (i); shall be fined in accordance with title 18 or imprisoned not more than two years, or both. ‘‘(2) Whoever knowingly— ‘‘(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any indecent communication for commercial purposes to any per- son, regardless of whether the maker of such commu- nication placed the call; or ‘‘(B) permits any telephone facility under such per- son’s control to be used for an activity prohibited by clause (i), shall be fined not more than $50,000 or imprisoned not more than six months, or both.’’ 1988—Subsec. (b). Pub. L. 100–690 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘(1) Whoever knowingly— ‘‘(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene or indecent communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or ‘‘(B) permits any telephone facility under such per- son’s control to be used for an activity prohibited by subparagraph (A), shall be fined not more than $50,000 or imprisoned not more than six months, or both. ‘‘(2) In addition to the penalties under paragraph (1), whoever, in the District of Columbia or in interstate or foreign communication, intentionally violates para- graph (1)(A) or (1)(B) shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. ‘‘(3)(A) In addition to the penalties under paragraphs (1) and (2), whoever, in the District of Columbia or in interstate or foreign communication, violates para- graph (1)(A) or (1)(B) shall be subject to a civil fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. ‘‘(B) A fine under this paragraph may be assessed ei- ther— ‘‘(i) by a court, pursuant to a civil action by the Commission or any attorney employed by the Com- mission who is designated by the Commission for such purposes, or ‘‘(ii) by the Commission after appropriate adminis- trative proceedings. ‘‘(4) The Attorney General may bring a suit in the ap- propriate district court of the United States to enjoin any act or practice which violates paragraph (1)(A) or (1)(B). An injunction may be granted in accordance with the Federal Rules of Civil Procedure.’’ Pub. L. 100–297, in par. (1)(A), struck out ‘‘under eighteen years of age or to any other person without that person’s consent’’ after ‘‘to any person’’, redesig- nated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘It is a defense to a prosecution under this subsection that the defendant restricted access to the prohibited communication to persons eighteen years of age or older in accordance with procedures which the Commission shall prescribe by regulation.’’, redesignated par. (4) as (3) and substituted ‘‘under para- graphs (1) and (2)’’ for ‘‘under paragraphs (1) and (3)’’, and redesignated par. (5) as (4). 1983—Subsec. (a). Pub. L. 98–214, § 8(a)(1), (2), des- ignated existing provisions as subsec. (a) and sub- stituted ‘‘$50,000’’ for ‘‘$500’’ in provisions after par. (2). Subsec. (a)(2). Pub. L. 98–214, § 8(b), inserted ‘‘facility’’ after ‘‘telephone’’. Subsec. (b). Pub. L. 98–214, § 8(a)(3), added subsec. (b). STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1998 AMENDMENTS Pub. L. 105–277, div. C, title XIV, § 1406, Oct. 21, 1998, 112 Stat. 2681–741, provided that: ‘‘This title [enacting section 231 of this title, amending this section and sec- tion 230 of this title, and enacting provisions set out as notes under sections 231 and 609 of this title] and the amendments made by this title shall take effect 30 days after the date of enactment of this Act [Oct. 21, 1998].’’ Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–166 effective 120 days after Nov. 21, 1989, see section 521(3) of Pub. L. 101–166, set out as a note under section 152 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–297 effective July 1, 1988, see section 6303 of Pub. L. 100–297, set out as a note under section 1071 of Title 20, Education. CONSTRUCTION OF 2006 AMENDMENT Pub. L. 109–162, title I, § 113(b), Jan. 5, 2006, 119 Stat. 2987, provided that: ‘‘This section [amending this sec- tion] and the amendment made by this section may not be construed to affect the meaning given the term ‘telecommunications device’ in section 223(h)(1) of the Communications Act of 1934 [47 U.S.C. 223(h)(1)], as in effect before the date of the enactment of this section [Jan. 5, 2006].’’ EXPEDITED REVIEW Pub. L. 104–104, title V, § 561, Feb. 8, 1996, 110 Stat. 142, provided that: ‘‘(a) THREE-JUDGE DISTRICT COURT HEARING.—Not- withstanding any other provision of law, any civil ac- tion challenging the constitutionality, on its face, of this title [see Short Title of 1996 Amendment note set out under section 609 of this title] or any amendment made by this title, or any provision thereof, shall be heard by a district court of 3 judges convened pursuant to the provisions of section 2284 of title 28, United States Code. ‘‘(b) APPELLATE REVIEW.—Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of 3 judges in an action under subsection (a) holding this title or an amend- ment made by this title, or any provision thereof, un- constitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court. Any such ap- peal shall be filed not more than 20 days after entry of such judgment, decree, or order.’’ REGULATIONS; DISPOSITION OF COMPLAINTS PENDING ON DECEMBER 8, 1983 Pub. L. 98–214, § 8(c), (d), Dec. 8, 1983, 97 Stat. 1470, provided that the Federal Communications Commis- sion (FCC) issue regulations pursuant to subsec. (b)(2) of this section not later than 180 days after Dec. 8, 1983, and that the FCC was to act on all complaints alleging violation of this section pending on Dec. 8, 1983, within 90 days of that date. § 224. Pole attachments (a) Definitions As used in this section: (1) The term ‘‘utility’’ means any person who is a local exchange carrier or an electric, gas, water, steam, or other public utility, and who