Title 47 — Telecommunications
Part III · Chapter 5 — Wire or Radio Communication
§ 276. Provision of payphone service
Statutory text
Nondiscrimination safeguards
After the effective date of the rules prescribed pursuant to subsection (b), any Bell operating company that provides payphone service—
shall not subsidize its payphone service directly or indirectly from its telephone exchange service operations or its exchange access operations; and
shall not prefer or discriminate in favor of its payphone service.
Regulations
Contents of regulations
In order to promote competition among payphone service providers and promote the widespread deployment of payphone services to the benefit of the general public, within 9 months after , the Commission shall take all actions necessary (including any reconsideration) to prescribe regulations that—
establish a compensation plan to ensure that all payphone service providers are fairly compensated, and all rates and charges are just and reasonable, for completed intrastate and interstate communications using their payphone or other calling device, except that emergency calls and telecommunications relay service calls for hearing disabled individuals shall not be subject to such compensation;
discontinue the intrastate and interstate carrier access charge payphone service elements and payments in effect on , and all intrastate and interstate payphone subsidies from basic exchange and exchange access revenues, in favor of a compensation plan as specified in subparagraph (A);
prescribe a set of nonstructural safeguards for Bell operating company payphone service to implement the provisions of paragraphs (1) and (2) of subsection (a), which safeguards shall, at a minimum, include the nonstructural safeguards equal to those adopted in the Computer Inquiry-III (CC Docket No. 90–623) proceeding;
provide for Bell operating company payphone service providers to have the same right that independent payphone providers have to negotiate with the location provider on the location provider’s selecting and contracting with, and, subject to the terms of any agreement with the location provider, to select and contract with, the carriers that carry interLATA calls from their payphones, unless the Commission determines in the rulemaking pursuant to this section that it is not in the public interest; and
provide for all payphone service providers to have the right to negotiate with the location provider on the location provider’s selecting and contracting with, and, subject to the terms of any agreement with the location provider, to select and contract with, the carriers that carry intraLATA calls from their payphones.
Public interest telephones
In the rulemaking conducted pursuant to paragraph (1), the Commission shall determine whether public interest payphones, which are provided in the interest of public health, safety, and welfare, in locations where there would otherwise not be a payphone, should be maintained, and if so, ensure that such public interest payphones are supported fairly and equitably.
Existing contracts
Nothing in this section shall affect any existing contracts between location providers and payphone service providers or interLATA or intraLATA carriers that are in force and effect as of .
State preemption
To the extent that any State requirements are inconsistent with the Commission’s regulations, the Commission’s regulations on such matters shall preempt such State requirements.
“Payphone service” defined
As used in this section, the term “payphone service” means the provision of public or semi-public pay telephones, the provision of inmate telephone service and advanced communications services described in subparagraphs (A), (B), (D), and (E) of section 153(1) of this title in correctional institutions, and any ancillary services.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 104–104 title I § 151(a) · 10 Stat. 106
Enacted · 47 U.S.C. § 276
June 19, 1934, ch. 652, title II, § 276, as added Pub. L. 104–104, title I, § 151(a), Feb. 8, 1996, 10 Stat. 106
Source evidence
Code source credit
June 19, 1934, ch. 652, title II, § 276, as added Pub. L. 104–104, title I, § 151(a), Feb. 8, 1996, 10 Stat. 106Martha Wright-Reed Just and Reasonable Communications Act of 2022
Pub. L. 117–338 § 2(a)(1) · 136 Stat. 6156
Struck · 47 U.S.C. § 276(b)(1)(A)
Pub. L. 117–338, § 2(a)(1), struck out “per call” before “compensation plan” and “each and every” before “completed intrastate”
Inserted · 47 U.S.C. § 276(b)(1)(A)
Pub. L. 117–338, § 2(a)(1), inserted “, and all rates and charges are just and reasonable,” after “fairly compensated” and “or other calling device” after “their payphone”
Substituted · 47 U.S.C. § 276(b)(1)(A)
Pub. L. 117–338, § 2(a)(1), substituted “communications using” for “call using”
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 117–338, § 2(a)(1), struck out “per call” before “compensation plan” and “each and every” before “completed intrastate”, inserted “, and all rates and charges are just and reasonable,” after “fairly compensated” and “or other calling device” after “their payphone”, and substituted “communications using” for “call using”.Enacted provision · exact public law section
(1) in subsection (b)(1)(A)— (A) by striking “per call”; (B) by inserting “, and all rates and charges are just and reasonable,” after “fairly compensated”; (C) by striking “each and every”; (D) by striking “call using” and inserting “communications using”; and (E) by inserting “or other calling device” after “payphone”; andMartha Wright-Reed Just and Reasonable Communications Act of 2022
Pub. L. 117–338 § 2(a)(2) · 136 Stat. 6156
Inserted · 47 U.S.C. § 276(d)
Pub. L. 117–338, § 2(a)(2), inserted “and advanced communications services described in subparagraphs (A), (B), (D), and (E) of section 153(1) of this title” after “inmate telephone service”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 117–338, § 2(a)(2), inserted “and advanced communications services described in subparagraphs (A), (B), (D), and (E) of section 153(1) of this title” after “inmate telephone service”.Enacted provision · exact public law section
(2) in subsection (d), by inserting “and advanced communications services described in subparagraphs (A), (B), (D), and (E) of section 3(1)” after “inmate telephone service”.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
2023—Subsec. (b)(1)(A). Pub. L. 117–338, § 2(a)(1), struck out “per call” before “compensation plan” and “each and every” before “completed intrastate”, inserted “, and all rates and charges are just and reasonable,” after “fairly compensated” and “or other calling device” after “their payphone”, and substituted “communications using” for “call using”.
Subsec. (d). Pub. L. 117–338, § 2(a)(2), inserted “and advanced communications services described in subparagraphs (A), (B), (D), and (E) of section 153(1) of this title” after “inmate telephone service”.
Credits
1934–2023 · 2 acts
- 1934June 19, 1934, ch. 652, title II, § 276, as added Pub. L. 104–104, title I, § 151(a), , 10 Stat. 106
- 2023amended Pub. L. 117–338, § 2(a), , 136 Stat. 6156.
Show as published
(June 19, 1934, ch. 652, title II, § 276, as added Pub. L. 104–104, title I, § 151(a), , 10 Stat. 106; amended Pub. L. 117–338, § 2(a), , 136 Stat. 6156.)