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communications.act.1996

Below is the full text of the Communications Act of 1934. Bear in mind that this legislation was substantially amended by the Communications Act of 1934.

--S.652--

S.652

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday, the third day of January, one thousand nine hundred and ninety-six

An Act

To promote competition and reduce regulation in order to secure lower prices and higher quality services for American telecommunications consumers and encourage the rapid deployment of new telecommunications technologies.

SECTION 1. SHORT TITLE; REFERENCES.

SEC. 2. TABLE OF CONTENTS.

TITLE I--TELECOMMUNICATION SERVICES

Subtitle A--Telecommunications Services

`Part II--Development of Competitive Markets

`Sec. 251. Interconnection.

`Sec. 252. Procedures for negotiation, arbitration, and approval of agreements.

`Sec. 253. Removal of barriers to entry.

`Sec. 254. Universal service.

`Sec. 255. Access by persons with disabilities.

`Sec. 256. Coordination for interconnectivity.

`Sec. 257. Market entry barriers proceeding.

`Sec. 258. Illegal changes in subscriber carrier selections.

`Sec. 259. Infrastructure sharing.

`Sec. 260. Provision of telemessaging service.

`Sec. 261. Effect on other requirements.'

Subtitle B--Special Provisions Concerning Bell Operating Companies

`PART III--SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES

`Sec. 271. Bell operating company entry into interLATA services.

`Sec. 272. Separate affiliate; safeguards.

`Sec. 273. Manufacturing by Bell operating companies.

`Sec. 274. Electronic publishing by Bell operating companies.

`Sec. 275. Alarm monitoring services.

`Sec. 276. Provision of payphone service.'

TITLE II--BROADCAST SERVICES

`Sec. 336. Broadcast spectrum flexibility.'

`Sec. 365. Automated ship distress and safety systems.'

TITLE III--CABLE SERVICES

`Part V--Video Programming Services Provided by Telephone Companies

`Sec. 651. Regulatory treatment of video programming services.

`Sec. 652. Prohibition on buy outs.

`Sec. 653. Establishment of open video systems.'

`Sec. 629. Competitive availability of navigation devices.'

`Sec. 713. Video programming accessibility.'

TITLE IV--REGULATORY REFORM

`Sec. 10. Competition in provision of telecommunications service.'

`Sec. 11. Regulatory reform.'

TITLE V--OBSCENITY AND VIOLENCE

Subtitle A--Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities

`Sec. 640. Scrambling of cable channels for nonsubscribers.'

`Sec. 641. Scrambling of sexually explicit adult video service programming.'

`Sec. 230. Protection for private blocking and screening of offensive material.'

Subtitle B--Violence

Subtitle C--Judicial Review

TITLE VI--EFFECT ON OTHER LAWS

TITLE VII--MISCELLANEOUS PROVISIONS

`Sec. 222. Privacy of customer information.'

`Sec. 714. Telecommunications Development Fund.'

SEC. 3. DEFINITIONS.

TITLE I--TELECOMMUNICATION SERVICES

Subtitle A--Telecommunications Services

SEC. 101. ESTABLISHMENT OF PART II OF TITLE II.

`PART II--DEVELOPMENT OF COMPETITIVE MARKETS

`SEC. 251. INTERCONNECTION.

`SEC. 252. PROCEDURES FOR NEGOTIATION, ARBITRATION, AND APPROVAL OF AGREEMENTS.

`SEC. 253. REMOVAL OF BARRIERS TO ENTRY.

`SEC. 254. UNIVERSAL SERVICE.

`SEC. 255. ACCESS BY PERSONS WITH DISABILITIES.

`SEC. 256. COORDINATION FOR INTERCONNECTIVITY.

`SEC. 257. MARKET ENTRY BARRIERS PROCEEDING.

`SEC. 258. ILLEGAL CHANGES IN SUBSCRIBER CARRIER SELECTIONS.

`SEC. 259. INFRASTRUCTURE SHARING.

`SEC. 260. PROVISION OF TELEMESSAGING SERVICE.

`SEC. 261. EFFECT ON OTHER REQUIREMENTS.

`PART I--COMMON CARRIER REGULATION'.

SEC. 102. ELIGIBLE TELECOMMUNICATIONS CARRIERS.

SEC. 103. EXEMPT TELECOMMUNICATIONS COMPANIES.

`SEC. 34. EXEMPT TELECOMMUNICATIONS COMPANIES.

SEC. 104. NONDISCRIMINATION PRINCIPLE.

Subtitle B--Special Provisions Concerning Bell Operating Companies

SEC. 151. BELL OPERATING COMPANY PROVISIONS.

`PART III--SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES

`SEC. 271. BELL OPERATING COMPANY ENTRY INTO INTERLATA SERVICES.

`SEC. 272. SEPARATE AFFILIATE; SAFEGUARDS.

`SEC. 273. MANUFACTURING BY BELL OPERATING COMPANIES.

`SEC. 274. ELECTRONIC PUBLISHING BY BELL OPERATING COMPANIES.

`SEC. 275. ALARM MONITORING SERVICES.

`SEC. 276. PROVISION OF PAYPHONE SERVICE.

TITLE II--BROADCAST SERVICES

SEC. 201. BROADCAST SPECTRUM FLEXIBILITY.

`SEC. 336. BROADCAST SPECTRUM FLEXIBILITY.

SEC. 202. BROADCAST OWNERSHIP.

SEC. 203. TERM OF LICENSES.

SEC. 204. BROADCAST LICENSE RENEWAL PROCEDURES.

SEC. 205. DIRECT BROADCAST SATELLITE SERVICE.

SEC. 206. AUTOMATED SHIP DISTRESS AND SAFETY SYSTEMS.

`SEC. 365. AUTOMATED SHIP DISTRESS AND SAFETY SYSTEMS.

SEC. 207. RESTRICTIONS ON OVER-THE-AIR RECEPTION DEVICES.

TITLE III--CABLE SERVICES

SEC. 301. CABLE ACT REFORM.

SEC. 302. CABLE SERVICE PROVIDED BY TELEPHONE COMPANIES.

`PART V--VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES

`SEC. 651. REGULATORY TREATMENT OF VIDEO PROGRAMMING SERVICES.

`SEC. 652. PROHIBITION ON BUY OUTS.

`SEC. 653. ESTABLISHMENT OF OPEN VIDEO SYSTEMS.

SEC. 303. PREEMPTION OF FRANCHISING AUTHORITY REGULATION OF TELECOMMUNICATIONS SERVICES.

SEC. 304. COMPETITIVE AVAILABILITY OF NAVIGATION DEVICES.

`SEC. 629. COMPETITIVE AVAILABILITY OF NAVIGATION DEVICES.

SEC. 305. VIDEO PROGRAMMING ACCESSIBILITY.

`SEC. 713. VIDEO PROGRAMMING ACCESSIBILITY.

TITLE IV--REGULATORY REFORM

SEC. 401. REGULATORY FORBEARANCE.

`SEC. 10. COMPETITION IN PROVISION OF TELECOMMUNICATIONS SERVICE.

SEC. 402. BIENNIAL REVIEW OF REGULATIONS; REGULATORY RELIEF.

`SEC. 11. REGULATORY REFORM.

SEC. 403. ELIMINATION OF UNNECESSARY COMMISSION REGULATIONS AND FUNCTIONS.

TITLE V--OBSCENITY AND VIOLENCE

Subtitle A--Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities

SEC. 501. SHORT TITLE.

SEC. 502. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES UNDER THE COMMUNICATIONS ACT OF 1934.

SEC. 503. OBSCENE PROGRAMMING ON CABLE TELEVISION.

SEC. 504. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS.

`SEC. 640. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS.

SEC. 505. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO SERVICE PROGRAMMING.

`SEC. 641. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO SERVICE PROGRAMMING.

SEC. 506. CABLE OPERATOR REFUSAL TO CARRY CERTAIN PROGRAMS.

SEC. 507. CLARIFICATION OF CURRENT LAWS REGARDING COMMUNICATION OF OBSCENE MATERIALS THROUGH THE USE OF COMPUTERS.

SEC. 508. COERCION AND ENTICEMENT OF MINORS.

SEC. 509. ONLINE FAMILY EMPOWERMENT.

`SEC. 230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE MATERIAL.

Subtitle B--Violence

SEC. 551. PARENTAL CHOICE IN TELEVISION PROGRAMMING.

SEC. 552. TECHNOLOGY FUND.

Subtitle C--Judicial Review

SEC. 561. EXPEDITED REVIEW.

TITLE VI--EFFECT ON OTHER LAWS

SEC. 601. APPLICABILITY OF CONSENT DECREES AND OTHER LAW.

SEC. 602. PREEMPTION OF LOCAL TAXATION WITH RESPECT TO DIRECT-TO-HOME SERVICES.

TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. PREVENTION OF UNFAIR BILLING PRACTICES FOR INFORMATION OR SERVICES PROVIDED OVER TOLL-FREE TELEPHONE CALLS.

SEC. 702. PRIVACY OF CUSTOMER INFORMATION.

`SEC. 222. PRIVACY OF CUSTOMER INFORMATION.

SEC. 703. POLE ATTACHMENTS.

SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION STANDARDS.

SEC. 705. MOBILE SERVICES DIRECT ACCESS TO LONG DISTANCE CARRIERS.

SEC. 706. ADVANCED TELECOMMUNICATIONS INCENTIVES.

SEC. 707. TELECOMMUNICATIONS DEVELOPMENT FUND.

`SEC. 714. TELECOMMUNICATIONS DEVELOPMENT FUND.

SEC. 708. NATIONAL EDUCATION TECHNOLOGY FUNDING CORPORATION.

SEC. 709. REPORT ON THE USE OF ADVANCED TELECOMMUNICATIONS SERVICES FOR MEDICAL PURPOSES.

SEC. 710. AUTHORIZATION OF APPROPRIATIONS.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

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