Collapse to view only § 162. Additional research authorities of the FCC
- § 151. Purposes of chapter; Federal Communications Commission created
- § 152. Application of chapter
- § 153. Definitions
- § 154. Federal Communications Commission
- § 155. Commission
- § 155a. Authority of Chief Information Officer
- § 156. Authorization of appropriations
- § 157. New technologies and services
- § 158. Application fees
- § 159. Regulatory fees
- § 159a. Provisions applicable to application and regulatory fees
- § 160. Competition in provision of telecommunications service
- § 161. Regulatory reform
- § 162. Additional research authorities of the FCC
- § 163. Communications marketplace report
§ 151. Purposes of chapter; Federal Communications Commission created
For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the “Federal Communications Commission”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.
(June 19, 1934, ch. 652, title I, § 1, 48 Stat. 1064; May 20, 1937, ch. 229, § 1, 50 Stat. 189; Pub. L. 104–104, title I, § 104, Feb. 8, 1996, 110 Stat. 86.)
§ 152. Application of chapter
(a) The provisions of this chapter shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/or is received within the United States, and to all persons engaged within the United States in such communication or such transmission of energy by radio, and to the licensing and regulating of all radio stations as hereinafter provided; but it shall not apply to persons engaged in wire or radio communication or transmission in the Canal Zone, or to wire or radio communication or transmission wholly within the Canal Zone. The provisions of this chapter shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in subchapter V–A.
(b) Except as provided in sections 223 through 227 of this title, inclusive, section 276 of this title, and section 332 of this title, and subject to the provisions of section 301 of this title and subchapter V–A, nothing in this chapter shall be construed to apply or to give the Commission jurisdiction with respect to (1) charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communication service by wire or radio of any carrier, or (2) any carrier engaged in interstate or foreign communication solely through physical connection with the facilities of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (3) any carrier engaged in interstate or foreign communication solely through connection by radio, or by wire and radio, with facilities, located in an adjoining State or in Canada or Mexico (where they adjoin the State in which the carrier is doing business), of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (4) any carrier to which clause (2) or clause (3) of this subsection would be applicable except for furnishing interstate mobile radio communication service or radio communication service to mobile stations on land vehicles in Canada or Mexico; except that sections 201 to 205 of this title shall, except as otherwise provided therein, apply to carriers described in clauses (2), (3), and (4) of this subsection.
(June 19, 1934, ch. 652, title I, § 2, 48 Stat. 1064; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Apr. 27, 1954, ch. 175, § 1, 68 Stat. 63; Pub. L. 95–234, § 5, Feb. 21, 1978, 92 Stat. 35; Pub. L. 98–549, § 3(a), Oct. 30, 1984, 98 Stat. 2801; Pub. L. 101–166, title V, § 521(2), Nov. 21, 1989, 103 Stat. 1193; Pub. L. 101–336, title IV, § 401(b)(1), July 26, 1990, 104 Stat. 369; Pub. L. 102–243, § 3(b), Dec. 20, 1991, 105 Stat. 2401; Pub. L. 103–66, title VI, § 6002(b)(2)(B)(i), Aug. 10, 1993, 107 Stat. 396; Pub. L. 117–338, § 2(c), Jan. 5, 2023, 136 Stat. 6156.)
§ 153. DefinitionsFor the purposes of this chapter, unless the context otherwise requires—
(1) Advanced communications servicesThe term “advanced communications services” means—
(A) interconnected VoIP service;
(B) non-interconnected VoIP service;
(C) electronic messaging service;
(D) interoperable video conferencing service; and
(E) any audio or video communications service used by inmates for the purpose of communicating with individuals outside the correctional institution where the inmate is held, regardless of technology used.
(2) Affiliate
(3) Amateur station
(4) AT&T Consent Decree
(5) Bell operating companyThe term “Bell operating company”—
(A) means any of the following companies: Bell Telephone Company of Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, New England Telephone and Telegraph Company, New Jersey Bell Telephone Company, New York Telephone Company, U S West Communications Company, South Central Bell Telephone Company, Southern Bell Telephone and Telegraph Company, Southwestern Bell Telephone Company, The Bell Telephone Company of Pennsylvania, The Chesapeake and Potomac Telephone Company, The Chesapeake and Potomac Telephone Company of Maryland, The Chesapeake and Potomac Telephone Company of Virginia, The Chesapeake and Potomac Telephone Company of West Virginia, The Diamond State Telephone Company, The Ohio Bell Telephone Company, The Pacific Telephone and Telegraph Company, or Wisconsin Telephone Company; and
(B) includes any successor or assign of any such company that provides wireline telephone exchange service; but
(C) does not include an affiliate of any such company, other than an affiliate described in subparagraph (A) or (B).
(6) Broadcast station
(7) Broadcasting
(8) Cable service
(9) Cable system
(10) Chain broadcasting
(11) Common carrier
(12) Connecting carrier
(13) Construction permit
(14) Consumer generated media
(15) Corporation
(16) Customer premises equipment
(17) Dialing parity
(18) Disability
(19) Electronic messaging service
(20) Exchange access
(21) Foreign communication
(22) Great Lakes Agreement
(23) Harbor
(24) Information service
(25) Interconnected VoIP service
(26) InterLATA service
(27) Interoperable video conferencing service
(28) Interstate communication
(29) Land station
(30) Licensee
(31) Local access and transport areaThe term “local access and transport area” or “LATA” means a contiguous geographic area—
(A) established before February 8, 1996, by a Bell operating company such that no exchange area includes points within more than 1 metropolitan statistical area, consolidated metropolitan statistical area, or State, except as expressly permitted under the AT&T Consent Decree; or
(B) established or modified by a Bell operating company after February 8, 1996, and approved by the Commission.
(32) Local exchange carrier
(33) Mobile service
(34) Mobile station
(35) Network element
(36) Non-interconnected VoIP serviceThe term “non-interconnected VoIP service”—
(A) means a service that—
(i) enables real-time voice communications that originate from or terminate to the user’s location using Internet protocol or any successor protocol; and
(ii) requires Internet protocol compatible customer premises equipment; and
(B) does not include any service that is an interconnected VoIP service.
(37) Number portability
(38) Operator
(A) The term “operator” on a ship of the United States means, for the purpose of parts II and III of subchapter III of this chapter, a person holding a radio operator’s license of the proper class as prescribed and issued by the Commission.
(B) “Operator” on a foreign ship means, for the purpose of part II of subchapter III of this chapter, a person holding a certificate as such of the proper class complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force, or complying with an agreement or treaty between the United States and the country in which the ship is registered.
(39) Person
(40) Radio communication
(41) Radio officer
(A) The term “radio officer” on a ship of the United States means, for the purpose of part II of subchapter III of this chapter, a person holding at least a first or second class radiotelegraph operator’s license as prescribed and issued by the Commission. When such person is employed to operate a radiotelegraph station aboard a ship of the United States, he is also required to be licensed as a “radio officer” in accordance with chapter 71 of title 46.
(B) “Radio officer” on a foreign ship means, for the purpose of part II of subchapter III of this chapter, a person holding at least a first or second class radiotelegraph operator’s certificate complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force.
(42) Radio station
(43) Radiotelegraph auto alarm
(44) Rural telephone companyThe term “rural telephone company” means a local exchange carrier operating entity to the extent that such entity—
(A) provides common carrier service to any local exchange carrier study area that does not include either—
(i) any incorporated place of 10,000 inhabitants or more, or any part thereof, based on the most recently available population statistics of the Bureau of the Census; or
(ii) any territory, incorporated or unincorporated, included in an urbanized area, as defined by the Bureau of the Census as of August 10, 1993;
(B) provides telephone exchange service, including exchange access, to fewer than 50,000 access lines;
(C) provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or
(D) has less than 15 percent of its access lines in communities of more than 50,000 on February 8, 1996.
(45) Safety convention
(46) Ship
(A) The term “ship” or “vessel” includes every description of watercraft or other artificial contrivance, except aircraft, used or capable of being used as a means of transportation on water, whether or not it is actually afloat.
(B) A ship shall be considered a passenger ship if it carries or is licensed or certificated to carry more than twelve passengers.
(C) A cargo ship means any ship not a passenger ship.
(D) A passenger is any person carried on board a ship or vessel except (1) the officers and crew actually employed to man and operate the ship, (2) persons employed to carry on the business of the ship, and (3) persons on board a ship when they are carried, either because of the obligation laid upon the master to carry shipwrecked, distressed, or other persons in like or similar situations or by reason of any circumstance over which neither the master, the owner, nor the charterer (if any) has control.
(E) “Nuclear ship” means a ship provided with a nuclear powerplant.
(47) State
(48) State commission
(49) Station license
(50) Telecommunications
(51) Telecommunications carrier
(52) Telecommunications equipment
(53) Telecommunications service
(54) Telephone exchange service
(55) Telephone toll service
(56) Television service
(A) Analog television service
(B) Digital television service
(57) Transmission of energy by radio
(58) United States
(59) Wire communication
(June 19, 1934, ch. 652, title I, § 3, 48 Stat. 1065; May 20, 1937, ch. 229, § 2, 50 Stat. 189; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; July 16, 1952, ch. 879, § 2, 66 Stat. 711; Apr. 27, 1954, ch. 175, §§ 2, 3, 68 Stat. 64; Aug. 13, 1954, ch. 729, § 3, 68 Stat. 707; Aug. 13, 1954, ch. 735, § 1, 68 Stat. 729; Aug. 6, 1956, ch. 973, § 3, 70 Stat. 1049; Pub. L. 89–121, § 1, Aug. 13, 1965, 79 Stat. 511; Pub. L. 90–299, § 2, May 3, 1968, 82 Stat. 112; Pub. L. 97–259, title I, § 120(b), Sept. 13, 1982, 96 Stat. 1097; Pub. L. 103–66, title VI, § 6002(b)(2)(B)(ii), Aug. 10, 1993, 107 Stat. 396; Pub. L. 104–104, § 3(a), (c), Feb. 8, 1996, 110 Stat. 58, 61; Pub. L. 105–33, title III, § 3001(b), Aug. 5, 1997, 111 Stat. 258; Pub. L. 111–260, title I, § 101, Oct. 8, 2010, 124 Stat. 2752; Pub. L. 117–338, § 2(b), Jan. 5, 2023, 136 Stat. 6156.)
§ 154. Federal Communications Commission
(a) Number of commissioners; appointment
(b) Qualifications
(1) Each member of the Commission shall be a citizen of the United States.
(2)
(A) No member of the Commission or person employed by the Commission shall—
(i) be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission;
(ii) be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum;
(iii) be financially interested in any company or other entity which controls any company or other entity specified in clause (i) or clause (ii), or which derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or
(iv) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this chapter;
except that the prohibitions established in this subparagraph shall apply only to financial interests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission.
(B)
(i) The Commission shall have authority to waive, from time to time, the application of the prohibitions established in subparagraph (A) to persons employed by the Commission if the Commission determines that the financial interests of a person which are involved in a particular case are minimal, except that such waiver authority shall be subject to the provisions of section 208 of title 18. The waiver authority established in this subparagraph shall not apply with respect to members of the Commission.
(ii) In any case in which the Commission exercises the waiver authority established in this subparagraph, the Commission shall publish notice of such action in the Federal Register.
(3) The Commission, in determining whether a company or other entity has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors)—
(A) the revenues, investments, profits, and managerial efforts directed to the related communications, manufacturing, or sales activities of the company or other entity involved, as compared to the other aspects of the business of such company or other entity;
(B) the extent to which the Commission regulates and oversees the activities of such company or other entity;
(C) the degree to which the economic interests of such company or other entity may be affected by any action of the Commission; and
(D) the perceptions held by the public regarding the business activities of such company or other entity.
(4) Members of the Commission shall not engage in any other business, vocation, profession, or employment while serving as such members.
(5) The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission.
(c) Terms of office; vacancies
(1) A commissioner—
(A) shall be appointed for a term of 5 years;
(B) except as provided in subparagraph (C), may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office; and
(C) may not continue to serve after the expiration of the session of Congress that begins after the expiration of the fixed term of office of the commissioner.
(2) Any person chosen to fill a vacancy in the Commission—
(A) shall be appointed for the unexpired term of the commissioner that the person succeeds;
(B) except as provided in subparagraph (C), may continue to serve after the expiration of the fixed term of office of the commissioner that the person succeeds until a successor is appointed and has been confirmed and taken the oath of office; and
(C) may not continue to serve after the expiration of the session of Congress that begins after the expiration of the fixed term of office of the commissioner that the person succeeds.
(3) No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission.
(d) Compensation of Commission members
(e) Principal office; special sessions
(f) Employees and assistants; compensation of members of Field Engineering and Monitoring Bureau; use of amateur volunteers for certain purposes; commercial radio operator examinations
(1) The Commission shall have authority, subject to the provisions of the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5, to appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions.
(2) Without regard to the civil-service laws, but subject to chapter 51 and subchapter III of chapter 53 of title 5, each commissioner may appoint three professional assistants and a secretary, each of whom shall perform such duties as such commissioner shall direct. In addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to chapter 51 and subchapter III of chapter 53 of title 5, and administrative assistant who shall perform such duties as the chairman shall direct.
(3) The Commission shall fix a reasonable rate of extra compensation for overtime services of engineers in charge and radio engineers of the Field Engineering and Monitoring Bureau of the Federal Communications Commission, who may be required to remain on duty between the hours of 5 o’clock postmeridian and 8 o’clock antemeridian or on Sundays or holidays to perform services in connection with the inspection of ship radio equipment and apparatus for the purposes of part II of subchapter III of this chapter or the Great Lakes Agreement, on the basis of one-half day’s additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond 5 o’clock postmeridian (but not to exceed two and one-half days’ pay for the full period from 5 o’clock postmeridian to 8 o’clock antemeridian) and two additional days’ pay for Sunday or holiday duty. The said extra compensation for overtime services shall be paid by the master, owner, or agent of such vessel to the local United States collector of customs or his representative, who shall deposit such collection into the Treasury of the United States to an appropriately designated receipt account: Provided, That the amounts of such collections received by the said collector of customs or his representatives shall be covered into the Treasury as miscellaneous receipts; and the payments of such extra compensation to the several employees entitled thereto shall be made from the annual appropriations for salaries and expenses of the Commission: Provided further, That to the extent that the annual appropriations which are authorized to be made from the general fund of the Treasury are insufficient, there are authorized to be appropriated from the general fund of the Treasury such additional amounts as may be necessary to the extent that the amounts of such receipts are in excess of the amounts appropriated: Provided further, That such extra compensation shall be paid if such field employees have been ordered to report for duty and have so reported whether the actual inspection of the radio equipment or apparatus takes place or not: And provided further, That in those ports where customary working hours are other than those hereinabove mentioned, the engineers in charge are vested with authority to regulate the hours of such employees so as to agree with prevailing working hours in said ports where inspections are to be made, but nothing contained in this proviso shall be construed in any manner to alter the length of a working day for the engineers in charge and radio engineers or the overtime pay herein fixed: and Provided further, That, in the alternative, an entity designated by the Commission may make the inspections referred to in this paragraph.
(4)
(A) The Commission, for purposes of preparing or administering any examination for an amateur station operator license, may accept and employ the voluntary and uncompensated services of any individual who holds an amateur station operator license of a higher class than the class of license for which the examination is being prepared or administered. In the case of examinations for the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who holds such class of license.
(B)
(i) The Commission, for purposes of monitoring violations of any provision of this chapter (and of any regulation prescribed by the Commission under this chapter) relating to the amateur radio service, may—(I) recruit and train any individual licensed by the Commission to operate an amateur station; and(II) accept and employ the voluntary and uncompensated services of such individual.
(ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, and summarizing violation reports referred under clause (i), may accept and employ the voluntary and uncompensated services of any amateur station operator organization.
(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to—(I) the detection of improper amateur radio transmissions;(II) the conveyance to Commission personnel of information which is essential to the enforcement of this chapter (or regulations prescribed by the Commission under this chapter) relating to the amateur radio service; and(III) issuing advisory notices, under the general direction of the Commission, to persons who apparently have violated any provision of this chapter (or regulations prescribed by the Commission under this chapter) relating to the amateur radio service.
Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the Commission may prescribe by rule.
(C)
(i) The Commission, for purposes of monitoring violations of any provision of this chapter (and of any regulation prescribed by the Commission under this chapter) relating to the citizens band radio service, may—(I) recruit and train any citizens band radio operator; and(II) accept and employ the voluntary and uncompensated services of such operator.
(ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, and summarizing violation reports referred under clause (i), may accept and employ the voluntary and uncompensated services of any citizens band radio operator organization. The Commission, in accepting and employing services of individuals under this subparagraph, shall seek to achieve a broad representation of individuals and organizations interested in citizens band radio operation.
(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to—(I) the detection of improper citizens band radio transmissions;(II) the conveyance to Commission personnel of information which is essential to the enforcement of this chapter (or regulations prescribed by the Commission under this chapter) relating to the citizens band radio service; and(III) issuing advisory notices, under the general direction of the Commission, to persons who apparently have violated any provision of this chapter (or regulations prescribed by the Commission under this chapter) relating to the citizens band radio service.
Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the Commission may prescribe by rule.
(D) The Commission shall have the authority to endorse certification of individuals to perform transmitter installation, operation, maintenance, and repair duties in the private land mobile services and fixed services (as defined by the Commission by rule) if such certification programs are conducted by organizations or committees which are representative of the users in those services and which consist of individuals who are not officers or employees of the Federal Government.
(E) The authority of the Commission established in this paragraph shall not be subject to or affected by the provisions of part III of title 5 or section 1342 of title 31.
(F) Any person who provides services under this paragraph shall not be considered, by reason of having provided such services, a Federal employee.
(G) The Commission, in accepting and employing services of individuals under subparagraphs (A) and (B), shall seek to achieve a broad representation of individuals and organizations interested in amateur station operation.
(H) The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph.
(I) With respect to the acceptance of voluntary uncompensated services for the preparation, processing, or administration of examinations for amateur station operator licenses pursuant to subparagraph (A) of this paragraph, individuals, or organizations which provide or coordinate such authorized volunteer services may recover from examinees reimbursement for out-of-pocket costs.
(5)
(A) The Commission, for purposes of preparing and administering any examination for a commercial radio operator license or endorsement, may accept and employ the services of persons that the Commission determines to be qualified. Any person so employed may not receive compensation for such services, but may recover from examinees such fees as the Commission permits, considering such factors as public service and cost estimates submitted by such person.
(B) The Commission may prescribe regulations to select, oversee, sanction, and dismiss any person authorized under this paragraph to be employed by the Commission.
(C) Any person who provides services under this paragraph or who provides goods in connection with such services shall not, by reason of having provided such service or goods, be considered a Federal or special government employee.
(g) Expenditures
(1) The Commission may make such expenditures (including expenditures for rent and personal services at the seat of government and elsewhere, for office supplies, law books, periodicals, and books of reference, for printing and binding, for land for use as sites for radio monitoring stations and related facilities, including living quarters where necessary in remote areas, for the construction of such stations and facilities, and for the improvement, furnishing, equipping, and repairing of such stations and facilities and of laboratories and other related facilities (including construction of minor subsidiary buildings and structures not exceeding $25,000 in any one instance) used in connection with technical research activities), as may be necessary for the execution of the functions vested in the Commission and as may be appropriated for by the Congress in accordance with the authorizations of appropriations established in section 156 of this title. All expenditures of the Commission, including all necessary expenses for transportation incurred by the commissioners or by their employees, under their orders, in making any investigation or upon any official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission or by such other member or officer thereof as may be designated by the Commission for that purpose.
(2) Repealed. Pub. L. 115–141, div. P, title IV, § 402(i)(1)(B), Mar. 23, 2018, 132 Stat. 1089.
(3)
(A) Notwithstanding any other provision of law, in furtherance of its functions the Commission is authorized to accept, hold, administer, and use unconditional gifts, donations, and bequests of real, personal, and other property (including voluntary and uncompensated services, as authorized by section 3109 of title 5).
(B) The Commission, for purposes of providing radio club and military-recreational call signs, may utilize the voluntary, uncompensated, and unreimbursed services of amateur radio organizations authorized by the Commission that have tax-exempt status under section 501(c)(3) of title 26.
(C) For the purpose of Federal law on income taxes, estate taxes, and gift taxes, property or services accepted under the authority of subparagraph (A) shall be deemed to be a gift, bequest, or devise to the United States.
(D) The Commission shall promulgate regulations to carry out the provisions of this paragraph. Such regulations shall include provisions to preclude the acceptance of any gift, bequest, or donation that would create a conflict of interest or the appearance of a conflict of interest.
(h) Quorum; seal
(i) Duties and powers
(j) Conduct of proceedings; hearings
(k) Record of reports
(l) Publication of reports; admissibility as evidence
(m) Compensation of appointees
(n) Use of communications in safety of life and property
(June 19, 1934, ch. 652, title I, § 4, 48 Stat. 1066; Jan. 22, 1936, ch. 25, 49 Stat. 1098; May 20, 1937, ch. 229, §§ 3, 4, 50 Stat. 190; Mar. 23, 1941, ch. 24, 55 Stat. 46; July 16, 1952, ch. 879, § 3, 66 Stat. 711; Aug. 13, 1954, ch. 735, § 2, 68 Stat. 729; Pub. L. 86–533, § 1(24), June 29, 1960, 74 Stat. 249; Pub. L. 86–619, § 2, July 12, 1960, 74 Stat. 407; Pub. L. 86–752, § 2, Sept. 13, 1960, 74 Stat. 889; Pub. L. 97–35, title XII, § 1251(b), Aug. 13, 1981, 95 Stat. 738; Pub. L. 97–253, title V, § 501(b)(1)–(3), Sept. 8, 1982, 96 Stat. 805, 806; Pub. L. 97–259, title I, §§ 102–104, Sept. 13, 1982, 96 Stat. 1087–1089; Pub. L. 98–214, §§ 10, 11, Dec. 8, 1983, 97 Stat. 1471; Pub. L. 99–272, title V, § 5002(b), Apr. 7, 1986, 100 Stat. 118; Pub. L. 99–334, § 1(a), June 6, 1986, 100 Stat. 513; Pub. L. 100–594, § 3, Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101–396, §§ 3, 4, Sept. 28, 1990, 104 Stat. 848, 849; Pub. L. 102–538, title II, §§ 201, 208, Oct. 27, 1992, 106 Stat. 3542, 3543; Pub. L. 103–414, title III, § 303(a)(1), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 104–66, title II, § 2051(b), Dec. 21, 1995, 109 Stat. 729; Pub. L. 104–104, title IV, § 403(a), (b), Feb. 8, 1996, 110 Stat. 130; Pub. L. 115–141, div. P, title IV, § 402(h)(1), (i)(1), title V, § 509, Mar. 23, 2018, 132 Stat. 1089, 1096.)
§ 155. Commission
(a) Chairman; duties; vacancy
(b) Organization of staff
(c) Delegation of functions; exceptions to initial orders; force, effect and enforcement of orders; administrative and judicial review; qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions; secretary; seal
(1) When necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, the Commission may, by published rule or by order, delegate any of its functions (except functions granted to the Commission by this paragraph and by paragraphs (4), (5), and (6) of this subsection and except any action referred to in sections 204(a)(2), 208(b), and 405(b) of this title) to a panel of commissioners, an individual commissioner, an employee board, or an individual employee, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter; except that in delegating review functions to employees in cases of adjudication (as defined in section 551 of title 5), the delegation in any such case may be made only to an employee board consisting of two or more employees referred to in paragraph (8) of this subsection. Any such rule or order may be adopted, amended, or rescinded only by a vote of a majority of the members of the Commission then holding office. Except for cases involving the authorization of service in the instructional television fixed service, or as otherwise provided in this chapter, nothing in this paragraph shall authorize the Commission to provide for the conduct, by any person or persons other than persons referred to in paragraph (2) or (3) of section 556(b) of title 5, of any hearing to which such section applies.
(2) As used in this subsection the term “order, decision, report, or action” does not include an initial, tentative, or recommended decision to which exceptions may be filed as provided in section 409(b) of this title.
(3) Any order, decision, report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (4) of this subsection, shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission.
(4) Any person aggrieved by any such order, decision, report or action may file an application for review by the Commission within such time and in such manner as the Commission shall prescribe, and every such application shall be passed upon by the Commission. The Commission, on its own initiative, may review in whole or in part, at such time and in such manner as it shall determine, any order, decision, report, or action made or taken pursuant to any delegation under paragraph (1) of this subsection.
(5) In passing upon applications for review, the Commission may grant, in whole or in part, or deny such applications without specifying any reasons therefor. No such application for review shall rely on questions of fact or law upon which the panel of commissioners, individual commissioner, employee board, or individual employee has been afforded no opportunity to pass.
(6) If the Commission grants the application for review, it may affirm, modify, or set aside the order, decision, report, or action, or it may order a rehearing upon such order, decision, report, or action in accordance with section 405 of this title.
(7) The filing of an application for review under this subsection shall be a condition precedent to judicial review of any order, decision, report, or action made or taken pursuant to a delegation under paragraph (1) of this subsection. The time within which a petition for review must be filed in a proceeding to which section 402(a) of this title applies, or within which an appeal must be taken under section 402(b) of this title, shall be computed from the date upon which public notice is given of orders disposing of all applications for review filed in any case.
(8) The employees to whom the Commission may delegate review functions in any case of adjudication (as defined in section 551 of title 5) shall be qualified, by reason of their training, experience, and competence, to perform such review functions, and shall perform no duties inconsistent with such review functions. Such employees shall be in a grade classification or salary level commensurate with their important duties, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. In the performance of such review functions such employees shall be assigned to cases in rotation so far as practicable and shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency.
(9) The secretary and seal of the Commission shall be the secretary and seal of each panel of the Commission, each individual commissioner, and each employee board or individual employee exercising functions delegated pursuant to paragraph (1) of this subsection.
(d) Meetings
(e) Managing Director; appointment, functions, pay
(June 19, 1934, ch. 652, title I, § 5, 48 Stat. 1068; July 16, 1952, ch. 879, § 4, 66 Stat. 712; Pub. L. 87–192, §§ 1, 2, Aug. 31, 1961, 75 Stat. 420; Pub. L. 96–470, title I, § 116, Oct. 19, 1980, 94 Stat. 2240; Pub. L. 97–35, title XII, § 1252, Aug. 13, 1981, 95 Stat. 738; Pub. L. 97–259, title I, § 105, Sept. 13, 1982, 96 Stat. 1091; Pub. L. 99–272, title V, § 5002(c), Apr. 7, 1986, 100 Stat. 118; Pub. L. 100–594, §§ 4, 8(a), Nov. 3, 1988, 102 Stat. 3021, 3023; Pub. L. 103–414, title III, § 303(a)(2), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 104–104, title IV, § 403(c), Feb. 8, 1996, 110 Stat. 130.)
§ 155a. Authority of Chief Information Officer
(a) In general
The Commission shall ensure that the Chief Information Officer of the Commission has a significant role in—
(1) the decision-making process for annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology;
(2) the management, governance, and oversight processes related to information technology; and
(3) the hiring of personnel with information technology responsibilities.
(b) CIO approval
(Pub. L. 115–141, div. P, title V, § 502, Mar. 23, 2018, 132 Stat. 1091.)
§ 156. Authorization of appropriations
(a) Authorization
(b) Offsetting collections
(June 19, 1934, ch. 652, title I, § 6, as added Pub. L. 97–35, title XII, § 1251(a), Aug. 13, 1981, 95 Stat. 738; amended Pub. L. 98–214, § 2(a), Dec. 8, 1983, 97 Stat. 1467; Pub. L. 99–272, title V, § 5002(a)(1), Apr. 7, 1986, 100 Stat. 117; Pub. L. 100–594, § 2(a), Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101–396, § 2(a), Sept. 28, 1990, 104 Stat. 848; Pub. L. 103–66, title VI, § 6003(b), Aug. 10, 1993, 107 Stat. 401; Pub. L. 115–141, div. P, title I, § 101(a), Mar. 23, 2018, 132 Stat. 1081.)
§ 157. New technologies and services
(a) It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this chapter shall have the burden to demonstrate that such proposal is inconsistent with the public interest.
(b) The Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated.
(June 19, 1934, ch. 652, title I, § 7, as added Pub. L. 98–214, § 12, Dec. 8, 1983, 97 Stat. 1471; amended Pub. L. 103–414, title III, § 304(a)(1), Oct. 25, 1994, 108 Stat. 4296.)
§ 158. Application fees
(a) General authority; establishment of schedule
(b) Adjustment of schedule
(1) In general
In every even-numbered year, the Commission shall review the schedule of application fees established under this section and, except as provided in paragraph (2), set a new amount for each fee in the schedule that is equal to the amount of the fee on the date when the fee was established or the date when the fee was last amended under subsection (c), whichever is later—
(A) increased or decreased by the percentage change in the Consumer Price Index during the period beginning on such date and ending on the date of the review; and
(B) rounded to the nearest $5 increment.
(2) Threshold for adjustment
The Commission may not adjust a fee under paragraph (1) if—
(A) in the case of a fee the current amount of which is less than $200, the adjustment would result in a change in the current amount of less than $10; or
(B) in the case of a fee the current amount of which is $200 or more, the adjustment would result in a change in the current amount of less than 5 percent.
(3) Current amount defined
(c) Amendments to schedule
In addition to the adjustments required by subsection (b), the Commission shall by rule amend the schedule of application fees established under this section if the Commission determines that the schedule requires amendment—
(1) so that such fees reflect increases or decreases in the costs of processing applications at the Commission; or
(2) so that such schedule reflects the consolidation or addition of new categories of applications.
(d) Exceptions
(1) Parties to which fees are not applicable
The application fees established under this section shall not be applicable to—
(A) a governmental entity;
(B) a nonprofit entity licensed in the Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, or Special Emergency Radio radio services; or
(C) a noncommercial radio station or noncommercial television station.
(2) Cost of collection
(e) Deposit of collections
(June 19, 1934, ch. 652, title I, § 8, as added Pub. L. 99–272, title V, § 5002(e), Apr. 7, 1986, 100 Stat. 118; amended Pub. L. 100–594, § 5, Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101–239, title III, § 3001(a), (b), Dec. 19, 1989, 103 Stat. 2124, 2131; Pub. L. 102–538, title II, § 209, Oct. 27, 1992, 106 Stat. 3544; Pub. L. 103–66, title VI, § 6003(a)(2), Aug. 10, 1993, 107 Stat. 401; Pub. L. 103–414, title III, §§ 302, 303(a)(3), (4), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 115–141, div. P, title I, § 102(a), Mar. 23, 2018, 132 Stat. 1082.)
§ 159. Regulatory fees
(a) General authority
(b) Establishment of schedule
(c) Adjustment of schedule
(1) In general
For each fiscal year, the Commission shall by rule adjust the schedule of regulatory fees established under this section to—
(A) reflect unexpected increases or decreases in the number of units subject to the payment of such fees; and
(B) result in the collection of the amount required by subsection (b).
(2) Rounding
(d) Amendments to schedule
(e) Exceptions
(1) Parties to which fees are not applicable
The regulatory fees established under this section shall not be applicable to—
(A) a governmental entity or nonprofit entity;
(C) a noncommercial radio station or noncommercial television station.
(2) Cost of collection
(f) Deposit of collections
(1) In general
(2) Deposit of excess collections
(June 19, 1934, ch. 652, title I, § 9, as added Pub. L. 103–66, title VI, § 6003(a)(1), Aug. 10, 1993, 107 Stat. 397; amended Pub. L. 103–121, title I, Oct. 27, 1993, 107 Stat. 1167; Pub. L. 103–414, title III, § 303(a)(5), (6), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 115–141, div. P, title I, § 102(b), Mar. 23, 2018, 132 Stat. 1083.)
§ 159a. Provisions applicable to application and regulatory fees
(a) Judicial review prohibited
(b) Notice to Congress
The Commission shall transmit to Congress notification—
(1) of any adjustment under section 158(b) or 159(c) of this title immediately upon the adoption of such adjustment; and
(2) of any amendment under section 158(c) or 159(d) of this title not later than 90 days before the effective date of such amendment.
(c) Enforcement
(1) Penalties for late payment
(2) Interest on unpaid fees and penalties
(3) Dismissal of applications or filings
(4) Revocations
(A) In general
(B) Notice
(C) Hearing
(i) Generally not required
(ii) Evidence and burdens
(iii) Costs
(D) Opportunity to pay prior to revocation
(E) Finality
(d) Waiver, reduction, and deferment
(e) Payment rules
The Commission shall by rule permit payment—
(1) in the case of fees under section 158 or 159 of this title in large amounts, by installments; and
(2) in the case of fees under section 158 or 159 of this title in small amounts, in advance for a number of years not to exceed the term of the license held by the payor.
(f) Accounting system
(June 19, 1934, ch. 652, title I, § 9A, as added Pub. L. 115–141, div. P, title I, § 102(c), Mar. 23, 2018, 132 Stat. 1084.)
§ 160. Competition in provision of telecommunications service
(a) Regulatory flexibility
Notwithstanding section 332(c)(1)(A) of this title, the Commission shall forbear from applying any regulation or any provision of this chapter to a telecommunications carrier or telecommunications service, or class of telecommunications carriers or telecommunications services, in any or some of its or their geographic markets, if the Commission determines that—
(1) enforcement of such regulation or provision is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that telecommunications carrier or telecommunications service are just and reasonable and are not unjustly or unreasonably discriminatory;
(2) enforcement of such regulation or provision is not necessary for the protection of consumers; and
(3) forbearance from applying such provision or regulation is consistent with the public interest.
(b) Competitive effect to be weighed
(c) Petition for forbearance
(d) Limitation
(e) State enforcement after Commission forbearance
(June 19, 1934, ch. 652, title I, § 10, as added Pub. L. 104–104, title IV, § 401, Feb. 8, 1996, 110 Stat. 128.)
§ 161. Regulatory reform
(a) Biennial review of regulations
In every even-numbered year (beginning with 1998), the Commission—
(1) shall review all regulations issued under this chapter in effect at the time of the review that apply to the operations or activities of any provider of telecommunications service; and
(2) shall determine whether any such regulation is no longer necessary in the public interest as the result of meaningful economic competition between providers of such service.
(b) Effect of determination
(June 19, 1934, ch. 652, title I, § 11, as added Pub. L. 104–104, title IV, § 402(a), Feb. 8, 1996, 110 Stat. 129.)
§ 162. Additional research authorities of the FCC
In order to carry out the purposes of this chapter, the Commission may—
(1) undertake research and development work in connection with any matter in relation to which the Commission has jurisdiction; and
(2) promote the carrying out of such research and development by others, or otherwise to arrange for such research and development to be carried out by others.
(June 19, 1934, ch. 652, title I, § 12, as added Pub. L. 111–358, title VIII, § 803, Jan. 4, 2011, 124 Stat. 4043.)
§ 163. Communications marketplace report
(a) In general
(b) Contents
Each report required by subsection (a) shall—
(1) assess the state of competition in the communications marketplace, including competition to deliver voice, video, audio, and data services among providers of telecommunications, providers of commercial mobile service (as defined in section 332 of this title), multichannel video programming distributors (as defined in section 522 of this title), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications services;
(2) assess the state of deployment of communications capabilities, including advanced telecommunications capability (as defined in section 1302 of this title), regardless of the technology used for such deployment;
(3) assess whether laws, regulations, regulatory practices (whether those of the Federal Government, States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in section 5304 of title 25), or foreign governments), or demonstrated marketplace practices pose a barrier to competitive entry into the communications marketplace or to the competitive expansion of existing providers of communications services;
(4) describe the agenda of the Commission for the next 2-year period for addressing the challenges and opportunities in the communications marketplace that were identified through the assessments under paragraphs (1) through (3); and
(5) describe the actions that the Commission has taken in pursuit of the agenda described pursuant to paragraph (4) in the previous report submitted under this section.
(c) Extension
(d) Special requirements
(1) Assessing competition
(2) Assessing deployment
(3) Considering small businesses
(June 19, 1934, ch. 652, title I, § 13, as added Pub. L. 115–141, div. P, title IV, § 401, Mar. 23, 2018, 132 Stat. 1087.)