*** CURRENT THROUGH P.L. 108-124, APPROVED 11/11/03 *** *** WITH GAPS OF 108-107 THROUGH 108-109, 108-121 AND 108-122 *** TITLE 47. TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5. WIRE OR RADIO COMMUNICATION GENERAL PROVISIONS GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION 47 USCS § 153 (2003) § 153.  Definitions For the purposes of this Act, unless the context otherwise requires--    (1) Affiliate. The term "affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term "own" means to own an equity interest (or the equivalent thereof) of more than 10 percent.    (2) Amateur station. The term "amateur station" means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.    (3) AT&T Consent Decree. The term "AT&T Consent Decree" means the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82-0192, in the United States District Court for the District of Columbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982.    (4) Bell operating company. The 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).    (5) Broadcast station. The term "broadcast station", "broadcasting station", or "radio broadcast station" means a radio station equipped to engage in broadcasting as herein defined.    (6) Broadcasting. The term "broadcasting" means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.    (7) Cable service. The term "cable service" has the meaning given such term in section 602.    (8) Cable system. The term "cable system" has the meaning given such term in section 602.    (9) Chain broadcasting. The term "chain broadcasting" means simultaneous broadcasting of an identical program by two or more connected stations.    (10) Common carrier. The term "common carrier" or "carrier" means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or in interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this Act; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.    (11) Connecting carrier. The term "connecting carrier" means a carrier described in clauses (2), (3), or (4) of section 2(b) [47 USCS § 152(b)].    (12) Construction permit. The term "construction permit" or "permit for construction" means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act for the construction of a station, or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.    (13) Corporation. The term "corporation" includes any corporation, joint-stock company, or association.    (14) Customer premises equipment. The term "customer premises equipment" means equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications.    (15) Dialing parity. The term "dialing parity" means that a person that is not an affiliate of a local exchange carrier is able to provide telecommunications services in such a manner that customers have the ability to route automatically, without the use of any access code, their telecommunications to the telecommunications services provider of the customer's designation from among 2 or more telecommunications services providers (including such local exchange carrier).    (16) Exchange access. The term "exchange access" means the offering of access to telephone exchange services or facilities for the purpose of the origination or termination of telephone toll services.    (17) Foreign communication. The term "foreign communication" or "foreign transmission" means communication or transmission from or to any place in the United States to or from a foreign country, or between a station in the United States and a mobile station located outside the United States.    (18) Great Lakes Agreement. The term "Great Lakes Agreement" means the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio in force and the regulations referred to therein.    (19) Harbor. The term "harbor" or "port" means any place to which ships may resort for shelter or to load or unload passengers or goods, or to obtain fuel, water, or supplies. This term shall apply to such places whether proclaimed public or not and whether natural or artificial.    (20) Information service. The term "information service" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.    (21) InterLATA service. The term "interLATA service" means telecommunications between a point located in a local access and transport area and a point located outside such area.    (22) Interstate communication. The term "interstate communication" or "interstate transmission" means communication or transmission (A) from any State, Territory, or possession of the United States (other than the [Philippine Islands and] the Canal Zone), or the District of Columbia, to any other State, Territory, or possession of the United States (other than [the Philippine Islands and] the Canal Zone), or the District of Columbia, (B) from or to the United States to or from [the Philippine Islands or] the Canal Zone, insofar as such communication or transmission takes place within the United States, or (C) between points within the United States but through a foreign country; but shall not, with respect to the provisions of title II of this Act [47 USCS §§ 201 et seq.] (other than section 223 thereof [47 USCS § 223]) include wire or radio communication between points in the same State, Territory, or possession of the United States, or the District of Columbia, through any place outside thereof, if such communication is regulated by a State commission.    (23) Land station. The term "land station" means a station, other than a mobile station, used for radio communication with mobile stations.    (24) Licensee. The term "licensee" means the holder of a radio station license granted or continued in force under authority of this Act.    (25) Local access and transport area. The term "local access and transport area" or "LATA" means a contiguous geographic area--       (A) established before the date of enactment of the Telecommunications Act of 1996 [enacted Feb. 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 such date of enactment and approved by the Commission.    (26) Local exchange carrier. The term "local exchange carrier" means any person that is engaged in the provision of telephone exchange service or exchange access. Such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under section 332(c) [47 USCS § 332(c)], except to the extent that the Commission finds that such service should be included in the definition of such term.    (27) Mobile service. The term "mobile service" means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (A) both one-way and two-way radio communication services, (B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.    (28) Mobile station. The term "mobile station" means a radio-communication station capable of being moved and which ordinarily does move.    (29) Network element. The term "network element" means a facility or equipment used in the provision of a telecommunications service. Such term also includes features, functions, and capabilities that are provided by means of such facility or equipment, including subscriber numbers, databases, signaling systems, and information sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service.    (30) Number portability. The term "number portability" means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another.    (31) Operator.       (A) "Operator" on a ship of the United States means, for the purpose of parts II and III of title III of this Act [47 USCS §§ 351 et seq. and 381 et seq.] 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 title III of this Act [47 USCS §§ 351 et seq.], 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.    (32) Person. The term "person" includes an individual, partnership, association, joint-stock company, trust, or corporation.    (33) Radio communication. The term "radio communication" or "communication by radio" means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.    (34) Radio officer.       (A) "Radio officer" on a ship of the United States means, for the purpose of part II of title III of this Act [47 USCS §§ 351 et seq.], 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 the Act of May 12, 1948 (46 USC 229a-h).       (B) "Radio officer" on a foreign ship means, for the purpose of part II of title III of this Act [47 USCS §§ 351 et seq.], 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.    (35) Radio station. The term "radio station" or "station" means a station equipped to engage in radio communication or radio transmission of energy.    (36) Radiotelegraph auto alarm. The term "radiotelegraph auto alarm" on a ship of the United States subject to the provisions of part II of title III of this Act [47 USCS §§ 351 et seq.] means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the Commission. "Radiotelegraph auto alarm" on a foreign ship means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the government of the country in which the ship is registered: Provided, That the United States and the country in which the ship is registered are parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. Nothing in this Act or in any other provision of law shall be construed to require the recognition of a radiotelegraph auto alarm as complying with part II of title III of this Act [47 USCS §§ 351 et seq.], on a foreign ship subject to such part, where the country in which the ship is registered and the United States are not parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus.    (37) Rural telephone company. The 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 the date of enactment of the Telecommunications Act of 1996 [enacted Feb. 8, 1996].    (38) Safety convention. The term "safety convention" means the International Convention for the Safety of Life at Sea in force and the regulations referred to therein.    (39) Ship.       (A) "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.    (40) State. The term "State" includes the District of Columbia and the Territories and possessions.    (41) State commission. The term "State commission" means the commission, board, or official (by whatever name designated) which under the laws of any State has regulatory jurisdiction with respect to intrastate operations of carriers.    (42) Station license. The term "station license", "radio station license", or "license" means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act, for the use or operation of apparatus for transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.    (43) Telecommunications. The term "telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.    (44) Telecommunications carrier. The term "telecommunications carrier" means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in section 226 [ 47 USCS § 226]). A telecommunications carrier shall be treated as a common carrier under this Act only to the extent that it is engaged in providing telecommunications services, except that the Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage.    (45) Telecommunications equipment. The term "telecommunications equipment" means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).    (46) Telecommunications service. The term "telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.    (47) Telephone exchange service. The term "telephone exchange service" means (A) service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge, or (B) comparable service provided through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a telecommunications service.    (48) Telephone toll service. The term "telephone toll service" means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service.    (49) Television service.       (A) Analog television service. The term "analog television service" means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(a) of its regulations (47 C.F.R. 73.682(a)).       (B) Digital television service. The term "digital television service" means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(d) of its regulations (47 C.F.R. 73.682(d)).    (50) Transmission of energy by radio. The term "transmission of energy by radio" or "radio transmission of energy" includes both such transmission and all instrumentalities, facilities, and services incidental to such transmission.    (51) United States. The term "United States" means the several States and Territories, the District of Columbia, and the possessions of the United States, but does not include [the Philippine Islands or] the Canal Zone.    (52) Wire communication. The term "wire communication or "communication by wire" means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. HISTORY:    (June 19, 1934, ch. 652, Title I, § 3, 48 Stat. 1065; May 20, 1937, ch. 229, § 2, 50 Stat. 189; July 16, 1952, ch. 879, § 2, 66 Stat. 711; April 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; Aug. 13, 1965, P.L. 89-121, § 1, 79 Stat. 511; May 3, 1968, P.L. 90-299, § 2, 82 Stat. 112; Sept. 13, 1982, P.L. 97-259, Title I, § 120(b), 96 Stat. 1097; Aug. 10, 1993, P.L. 103-66, Title VI, § 6002(b)(2)(B)(ii), 107 Stat. 396; Feb. 8, 1996, P.L. 104-104, § 3(a)-(c), 110 Stat. 58; Aug. 5, 1997, P.L. 105-33, Title III, § 3001(b), 111 Stat. 258.) HISTORY; ANCILLARY LAWS AND DIRECTIVES References in text:    "This Act", referred to in this section, is Act June 19, 1934, ch 652, popularly known as the Communications Act of 1934, which appears generally as 47 USCS §§ 151 et seq. For full classification of such Act, consult USCS Tables volumes.    The "Canal Zone", referred to in paras. (22) and (50), is defined in 22 USCS § 3602(b).    The "Act of May 12, 1948", referred to in para. (34)(A), appeared as 46 USCS §§ 229a-h prior to repeal by Act Aug. 26, 1983, P.L. 98-89, § 4, 97 Stat. 539, which enacted Title II of Title 46 as positive law. For similar provisions, see 46 USCS §§ 7101 et seq.    The "International Convention for the Safety of Life at Sea", referred to in para. (38), is the multilateral Convention or the Safety of Life at Sea, signed at London May 31, 1929, entered into force as to the United States, Nov. 7, 1936, 50 Stat. 1121, 1306.    The "Agreement for the Promotion of Safety on the Great Lakes by Means of Radio", referred to in para. (18), is the bilateral Agreement for the Promotion of Safety on the Great Lakes by Means of Radio, signed at Ottawa, Canada, Feb. 21, 1952, entered into force Nov. 13, 1954, 3 UST 4926. Explanatory notes:    The words "the Philippine Islands" have been enclosed in brackets in paras. (22) and (50) as obsolete in view of the recognition of Philippine independence by Proc. No. 2695 of July 4, 1946, 11 Fed. Reg. 7517, 60 Stat. 1352, which appears as 22 USCS § 1394 note. Effective date of section:    For effective date of section, see Act June 19, 1934, ch 652, Title VII [Title VI], § 707 [607], 48 Stat. 1105, which appears as 47 USCS § 607. Amendments:    1937. Act May 20, 1937, added subsecs. (w), (x), (y), (z), and (aa).    1952. Act July 16, 1952 (effective as provided by § 19 of such Act, which appears as a note to this section), added subsecs. (bb)-(dd).    1954. Act April 27, 1954, in subsec. (e)(3), inserted ", with respect to the provisions of title II of this Act," and "or radio" and substituted "in the" for "within"; and in subsec. (u), substituted "clauses (2), (3), or (4)" for "clause (2)".    Act Aug. 13, 1954, ch 729, added subsecs. (ee) and (ff), defining existing installation and new installation, respectively.    Act Aug. 13, 1954, ch 735 (effective 11/13/54, as provided by § 6 of such Act, which appears as 47 USCS § 507 note), added subsec. (ee) [(gg)], defining Great Lakes Agreement.    1956. Act Aug. 6, 1956 (effective 3/1/57, as provided by § 4 of such Act, which appears as 47 USCS § 381 note), in subsec. (y)(2), substituted "parts II and III of title III" for "part II of title III".    1965. Act Aug. 13, 1965, in subsec. (w), added para. (5); substituted new subsec. (x) for one which read: " 'Auto-alarm' on a foreign ship means an automatic alarm receiver which has been approved by the country to which the ship belongs, provided the United States and the country to which the ship belongs are both parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. 'Auto-alarm' on a ship of the United States subject to the provisions of part II of title III of this Act means an automatic alarm receiver complying with law and approved by the Commission. Nothing in this Act or in any other provision of law shall be construed to require the recognition of an auto-alarm as complying with part II of title III of this Act, on a foreign ship subject to such part, whose country of origin is not a party to a treaty, convention, or agreement with the United States in regard to such apparatus."; substituted a new subsec. (y) for one which read:       "(1) For the purpose of part II of title III, a 'qualified operator' or 'operator' on a foreign ship means a person holding a certificate as such complying with the provisions of the General Radio Regulations annexed to the International Telecommunication Convention in force, or complying with an agreement or treaty between the United States and the country to which the ship belongs.       "(2) For the purpose of parts II and III of title III, a 'qualified operator' or 'operator' on a ship of the United States means a person holding a radio operator's license of the proper class, as prescribed and issued by the Commission.";    redesignated subsec. (z) as subsec. (aa), and added new subsec. (z); redesignated subsecs. (aa)-(dd) as subsecs. (bb)-(ee), respectively; deleted subsecs. (ee) and (ff), as added by Act Aug. 13, 1954, ch 729, which read:    "(ee) 'Existing installation', as used in section 355 of this Act, means an installation installed on a ship prior to November 19, 1952, in the case of a United States ship subject to the radio provisions of the Safety Convention, or one installed on a ship prior to a date one year after the effective date of this subsection in the case of other ships subject to part II of title III of this Act.    "(ff) 'New installation', as used in sections 355 and 356 of this Act, means an installation which replaces an existing installation or, in the case of a United States ship subject to the radio provisions of the Safety Convention, one installed on a ship subsequent to November 19, 1952, and, in the case of other ships subject to part II of title III of this Act, one which is installed subsequent to a date one year after the effective date of this subsection.".    and redesignated subsec. (ee), as added by Act Aug. 13, 1954, ch 735, as subsec. (ff).    1968. Act May 3, 1968, in subsec. (e)(3), inserted "(other than section 223 thereof)".    1982. Act Sept. 13, 1982 substituted subsec. (n) for one which read: " 'Mobile service' means the radio-communications service carried on between mobile stations and land stations, and by mobile stations communicating among themselves."; and added subsec. (gg).    1993. Act Aug. 10, 1993 (effective on the date of enactment, as provided by § 6002(c) of such Act, which appears as § 332 note), in subsec. (n), inserted "(1)" and ", (2) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (3) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled 'Amendment to the Commission's Rules to Establish New Personal Communications Services' (GEN Docket No. 9-314; ET Docket No. 92-100), or any successor proceeding"; and deleted subsec. (gg), which read: "(gg) 'Private land mobile service' means a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation.".    1996. Act Feb. 8, 1996, in subsecs. (e) and (n), redesignated paras. (1)-(3) as subparas. (A)-(C), respectively; in subsec. (r), inserted "(A)" and ", or (B) comparable service provided through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a telecommunications service"; in subsec. (w), redesignated paras. (1)-(5) as subparas. (A)-(E), respectively; in subsecs. (y) and (z), redesignated paras. (1) and (2) as subparas. (A) and (B), respectively; redesignated subsecs. (a)-(ff) as paras. (1)-(32), respectively, and added paras. (33)-(51).    Such Act further inserted the paragraph headings, inserted "The term" following the heading of each paragraph, changed the first letter of each defined term from capital to lower case (except for the terms "United States", "State", "State commission", and "Great Lakes Agreement"), reordered the paragraphs in alphabetical order according to their headings, and renumbered them as so reordered.    1997. Act Aug. 5, 1997, redesignated paras. (49)-(51) as paras. (50)-(52), and added a new para. (49). Other provisions:    Effective date and application of amendments made by Act July 16, 1952. Act July 16, 1952, ch 879, § 19, 66 Stat. 722, provided:    "This Act [amending 47 USCS §§ 151 et seq., generally; for full classification of this Act, consult USCS Tables volumes] shall take effect on the date of its enactment, but--       "(1) Insofar as the amendments made by this Act to the Communications Act of 1934 [47 USCS §§ 151 et seq., generally; for full classification of this Act, consult USCS Tables volumes] provide for procedural changes, requirements imposed by such changes shall not be mandatory as to any agency proceeding (as defined in the Administrative Procedure Act) with respect to which hearings have been commenced prior to the date of enactment of this Act.       "(2) The amendments made by this Act to section 402 of the Communications Act of 1934 [47 USCS § 402] (relating to judicial review of orders and decisions of the Commission) shall not apply with respect to any action or appeal which is pending before any court on the date of enactment of this Act.".    Common terminology. Act Feb. 8, 1996, P.L. 104-104, § 3(b), 110 Stat. 61, provides: "Except as otherwise provided in this Act [for full classification, consult USCS Tables volumes], the terms used in this Act have the meanings provided in section 3 of the Communications Act of 1934 (47 U.S.C. 153), as amended by this section.".    Common terminology. Act Aug. 5, 1997, P.L. 105-33, Title III, § 3001(a), 111 Stat. 258, provides: "Except as otherwise provided in this title [for full classification, consult USCS Tables volumes], the terms used in this title have the meanings provided in section 3 of the Communications Act of 1934 (47 U.S.C. 153), as amended by this section.". NOTES:                           CODE OF FEDERAL REGULATIONS    Federal Communications Commission--Interconnection, 47 CFR Part 51.    Federal Communications Commission--Numbering, 47 CFR Part 52.    Federal Communications Commission--Special provisions concerning Bell operating companies, 47 CFR Part 53.    Federal Communications Commission--Multichannel video and cable television service, 47 CFR Part 76.    Federal Communications Commission--Cable television relay service, 47 CFR Part 78.    Federal Communications Commission--Stations in the maritime services, 47 CFR Part 80.    Federal Communications Commission--Amateur radio service, 47 CFR Part 97.                              CROSS REFERENCES    International Regulations for Preventing Collisions at Sea, 33 USCS §§ 1602 et seq.    Charges or services, 47 USCS § 202.    Employee as used in provisions relating to franks and passes, 47 USCS § 210.    Line, 47 USCS § 214.    Overcharges as used in limitations of action provisions, 47 USCS § 415.    Service or other valuable consideration as used in provisions relating to disclosure of payments to individuals connected with broadcasts, 47 USCS § 508.    Contest for purposes of provisions relating to prohibited practices in contests of knowledge, skill, or chance, 47 USCS § 509.    Listening or viewing public for purposes of provisions relating to prohibited practices in contests of knowledge, skill, or chance, 47 USCS § 509.    This section is referred to in 7 USCS § 924; 15 USCS § 78c; 17 USCS § 1202; 18 USCS §§ 1029, 2510; 22 USCS § 1465ff; 47 USCS §§ 224, 225, 271, 273, 274, 332, 541, 556, 557, 741.                               RESEARCH GUIDE Federal Procedure:    31 Fed Proc L Ed, Telecommunications §§ 72:273, 274. Am Jur:    13 Am Jur 2d, Carriers § 5.    48 Am Jur 2d, Labor and Labor Relations § 930.    54 Am Jur 2d, Monopolies, Restraints of Trade, and Unfair Trade Practices §§ 259, 260, 261, 300.    74 Am Jur 2d, Telecommunications §§ 4, 12, 13, 27, 129, 131, 144. Forms:    15A Fed Procedural Forms L Ed, Telecommunications (2002) §§ 62:341, 349.    23A Am Jur Pl & Pr Forms (Rev ed), Telecommunications § 68. Annotations:    Who is a "common carrier" or "carrier" within the meaning of § 3(h) of the Communications Act of 1934 (47 USCS § 153(h)). 46 ALR Fed 610. Law Review Articles:    Meyerson. Ideas of the marketplace: a guide to the 1996 Telecommunications Act, 49 Fed Comm L J 251, February 1997.    Weiser. Federal common law, cooperative federalism, and the enforcement of the Telecom Act. 76 NYU L Rev 1692, December 2001.    Weiser. Chevron [Chevron, U.S.A., Inc. v Natural Resources Defense Council, Inc., 104 S. Ct. 2778 (1984)], cooperative federalism, and telecommunications reform. 52 Vand L Rev 1, January 1999.                         INTERPRETIVE NOTES AND DECISIONS  1. Broadcasting  2. Common carrier  3. --Broadcaster  4. Interstate communication  5. Mobile service  6. Network element  7. Radio communication  8. Telephone exchange service  9. Wire communication  10. Other terms 1. Broadcasting    Microwave transmission in itself is not broadcasting as defined by 47 USCS § 153(o) [now 47 USCS § 153(6)]. Columbia Broadcasting System, Inc. v Teleprompter Corp. (1973, CA2 NY) 476 F2d 338, 177 USPQ 225, affd in part and revd in part on other grounds (1974) 415 US 394, 39 L Ed 2d 415, 94 S Ct 1129, 181 USPQ 65 (superseded by statute on other grounds as stated in WGN Continental Broadcasting Co. v United Video, Inc. (1982, CA7 Ill) 685 F2d 218, 8 Media L R 2170) and (superseded by statute on other grounds as stated in Capital Cities Cable, Inc. v Crisp (1984) 467 US 691, 81 L Ed 2d 580, 104 S Ct 2694, 10 Media L R 1873) and (superseded by statute on other grounds as stated in United Video, Inc. v FCC (1989, App DC) 281 US App DC 368, 890 F2d 1173, 17 Media L R 1129, 12 USPQ2d 1964).    Although "broadcasting" as used in this act (47 USCS § 151 et seq.) includes communications intended to be received by the public, program specialization and control is neither determinative of this requisite intent nor dispositive of broadcasting status; Also, "broadcasting" remains broadcasting even though a segment of those capable of hearing the broadcast signal are equipped to delete a portion of that signal; where petitioner broadcasted a FM radio program which contained advertising, but provided a service to subscribers whereby all advertising matter was deleted from the broadcast, a finding that this programming was not directed to, and intended to be received by, the public generally is clearly erroneous. Functional Music, Inc. v FCC (1958, App DC) 107 US App DC 34, 274 F2d 543, cert den (1959) 361 US 813, 4 L Ed 2d 60, 80 S Ct 50.    On application of satellite communications company for authority to lease and utilize 10 transponders on Canadian satellite, FCC erred in concluding that applicant's customer's direct-to-home video service, as well as customer's subscription service, are not "broadcasting" within meaning of 47 USCS § 153(o) [now 47 USCS § 153(6)]; and thus cause will be remanded so that Commission can determine whether applicant or customer should be responsible for insuring that statutory broadcasting obligations are fulfilled. United States Satellite Broadcasting Co. v FCC (1984, App DC) 239 US App DC 74, 740 F2d 1177.    FCC acted arbitrarily and capriciously in refusing to extend broadcast restrictions of Title III of Communications Act of 1934 (47 USCS §§ 301 et seq.) to all direct broadcast satellite services (DBS), which involve transmission of signals from earth to satellites which then beam television signals directly to individual homes equipped to receive them, since (1) when DBS systems transmit signals directly to homes with intent that those signals be received by public, such transmissions clearly fit definition of "broadcasting" in 47 USCS § 153(o) [now 47 USCS § 153(6)], (2) fact that Congress did not in 1934 contemplate DBS does not give Commission blank check to regulate DBS in any way it deems fit and (3) DBS, at least when directed at individual homes, is radio communication intended to be received by general public, despite fact that it can be received by only those with appropriate reception equipment. National Asso. of Broadcasters v FCC (1984, App DC) 239 US App DC 87, 740 F2d 1190.    FCC has duty to determine whether noneducational use of Instructional Television Fixed Services frequencies is broadcasting and should be regulated as such. Telecommunications Research & Action Center v FCC (1988, App DC) 267 US App DC 1, 836 F2d 1349.    FM multiplex radio transmissions of background music to subscribers did not constitute "broadcasting" as that word is defined in 47 USCS § 153(o) [now 47 USCS § 153(6)], and unauthorized reception and use of such transmissions by one other than authorized subscriber amounted to violation of 47 USCS § 605. KMLA Broadcasting Corp. v Twentieth Century Cigarette Vendors Corp. (1967, CD Cal) 264 F Supp 35.    While subscription television transmissions constitute "broadcasting" within term's definition in 47 USCS § 153(o) [now 47 USCS § 153(6)], these transmission are not "for use of general public" within contemplation of broadcasting exemption to 47 USCS § 605. United States v Westbrook (1980, ED Mich) 502 F Supp 588.    Legislative history of 47 USCS § 153 does not in any way detract from interpretation of language of § 153 which would hold that subscription television is broadcasting. Re Subscription Television Service (1966) 3 FCC2d 1.    Amateur communications are not form of broadcasting and are not transmitted to public-at-large. Re David Hilderbrand, FCC 81-302 (Adopted Jan. 20, 1983). 2. Common carrier    In suit challenging FCC regulation of telephone company involvement in community antenna television system (CATV), there is no merit to telephone company's contention that certification by FCC cannot be required of their affiliates which operate CATV systems since certification requirements apply only to carriers, and CATV companies, affiliated or otherwise, are not carriers; activities of noncommon carrier affiliate can be imputed to common carrier telephone companies. General Tel Co. v United States (1971, CA5) 449 F2d 846 (criticized in Gulf Power Co. v United States (1998, ND Fla) 998 F Supp 1386).    Nonsubsidiary telephone company engaged in interstate or foreign communication solely through physical connection with facilities of another carrier is connecting carrier and not common carrier within meaning of Federal Communications Act. Comtronics, Inc. v Puerto Rico Tel. Co. (1977, CA1 Puerto Rico) 553 F2d 701.    Under 47 USCS § 153(h) [now 47 USCS § 153(10)], common carrier is one which undertakes indifferently to provide communications service to public for hire, regardless of actual ownership or operation of facilities involved; resale of communications service is common carrier activity within meaning of § 153(h), and those engaged in such resale are subject to regulatory provisions of Title II of Communications Act. American Tel. & Tel. Co. v Federal Communications Com. (1978, CA2) 572 F2d 17, 46 ALR Fed 610, cert den (1978) 439 US 875, 58 L Ed 2d 190, 99 S Ct 213.    Partnership which had been granted license by FCC was not "common carrier" as defined by Communications Act of 1934 (47 USCS § 153), because it did not provide communications services. Eagleview Techs., Inc. v MDS Assocs. (1999, CA11 Fla) 190 F3d 1195, 12 FLW Fed C 1321, corrected (1999, CA11 Fla) 13 FLW Fed C 35.    Where legislative history is not helpful, agency's interpretation of its governing statute is entitled to reasonable latitude; determination by agency that community antenna television systems are appropriate for its supervision and not for wide range of common carrier treatment was upheld. Philadelphia Television Broadcasting Co. v Federal Communications Com. (1966, App DC) 123 US App DC 298, 359 F2d 282.    Operators of transcontinental point-to-point microwave system catering to business and data communications market is "specialized common carrier" which is defined as any carrier that does not attempt to optimize its service offering to voice communication needs of general public. MCI Telecommunications Corp. v Federal Communications Com. (1977, App DC) 182 US App DC 367, 561 F2d 365, cert den (1978) 434 US 1040, 54 L Ed 2d 790, 98 S Ct 780, 98 S Ct 781.    FCC's interpretation of ambiguous term "telecommunications carrier," which was first used in 1996 Telecommunications Act (codified in scattered sections of 47 USCS), to mean essentially same thing as "common carrier" was reasonable. Virgin Islands Tel. Corp. v FCC (1999, App DC) 339 US App DC 174, 198 F3d 921.    In prosecution of defendant charged with intercepting wire communications in violation of 18 USCS § 2511(1)(a), defendant was not entitled to acquittal because of government's alleged failure to prove that telephone company was common carrier engaged in providing or operating facilities for transmission of interstate or foreign communications as defined in 18 USCS § 2510(1) and 47 USCS § 153(h) [now 47 USCS § 153(10)] where court recognized that statute was intended to cover telephone company's equipment when telephone company was mentioned during trial; telephone company was clearly common carrier under both 18 USCS § 2510(l) and 47 USCS § 153(h). United States v Bennett (1973, SD Tex) 358 F Supp 580.    Principle of primary jurisdiction was applicable to action brought by plaintiff telegraph company against defendant offering data processing services which was allegedly a communications carrier, within meaning of 47 USCS § 153(h) [now 47 USCS § 153(10)], which operated channels of communications without certificate of public necessity and convenience in violation of 47 USCS § 214, and which failed to file tariffs with FCC in violation of 47 USCS § 203; if court were to retain jurisdiction it would necessarily have to be concerned with number of difficult and delicate problems involving nature of defendant's business and extent that it should be regulated by FCC which was the more competent and efficient body to deal with novel and complex questions. Western Union Tel. Co. v Graphic Scanning Corp. (1973, SD NY) 360 F Supp 593.    Facility established to allow operation of communication channel through domestic satellite "receive only" earth station is common carrier, even though only customer for services of facility at time of application is company's affiliated cable television system. Re Tower Communication System Corp. (1976) 59 FCC2d 130.    Electronic Computer Originated Mail (ECOM) service to be offered by US Postal Service using Western Union services and facilities is subject to FCC jurisdiction as telecommunications common carrier necessitating filing of tariff by Postal Service because ECOM is communications service as defined by 47 USCS § 153. Re Graphnet Systems, Inc. (1979) 73 FCC2d 283.    To be "common carrier" under 47 USCS § 153(h) [now 47 USCS § 153(10)], entity must either be under legal compulsion to hold himself out indiscriminately to clientele as one suited to serve or, if not under legal compulsion, must in fact do so. Re Cox Cable Communications, Inc., FCC 85-455 (Adopted August 7, 1985). 3. --Broadcaster    Radio broadcasters, including television broadcasters, are not included in definition of common carriers in § 3(h) of Federal Communications Act (47 USCS § 153(h) [now 47 USCS § 153(10)]), as are telephone and telegraph companies, and, consequently, extensive controls, including rate regulation, of Title II of Act (47 USCS §§ 201-222), do not apply; television broadcasters remain free to set their own advertising rates. United States v Radio Corp. of America (1959) 358 US 334, 3 L Ed 2d 354, 79 S Ct 457.    Radio broadcasters are not common carriers and radio stations are not required to permit access to their facilities by any member of public as common carrier is required to do. Columbia Broadcasting System, Inc. v Democratic Nat'l Committee (1973) 412 US 94, 36 L Ed 2d 772, 93 S Ct 2080, 1 Media L R 1855.    47 USCS § 153(h) [now 47 USCS § 153(10)] forecloses any discretion in Federal Communications Commission to impose access requirements amounting to common-carrier obligations on broadcast systems since its mandatory wording precludes discretion to compel broadcasters to act as common-carriers, even with respect to a portion of their total services; common-carrier service is one that makes public offering to provide communications facilities whereby all members of public who choose to employ such facilities may communicate or transmit intelligence of their own design and choosing; common carrier does not make individualized decisions, in particular cases, whether and on what terms to deal. FCC v Midwest Video Corp. (1979) 440 US 689, 59 L Ed 2d 692, 99 S Ct 1435, 4 Media L R 2345.    It is well established that broadcast licensee is not common carrier and is thus not required to provide all persons with access to air. Re Alan F. Neckritz & Lawrence B. Ordower (1971) 29 FCC2d 807.    Applicant seeking to engage in business of transmitting groups or "packets" of digitized data over network of lines to designated recipients, usually computers, is common carrier under Federal Communications Act where applicant proposes to take channels leased from other carriers and combine them with computers and software to transmit data more efficiently and with less error. Re Application of Packet Communications, Inc. (1973) 43 FCC2d 922.    Because pursuant to 47 USCS § 153, broadcaster is not "common carrier", this means that stations are not required to present all matters that are offered or recommended for them for broadcast. Re Henry W. Maier, FCC 8330-L C1-621, (July 29, 1982). 4. Interstate communication    Telegram sent over Western Union wires from California to Dallas, Texas, where it was reduced to tangible form and retransmitted by Western Union wires to San Antonio, Texas, where it was again reduced to tangible form and dispatched by Western Union to Mexico City, Mexico, over direct wire which was owned on American side by Western Union and on Mexican side by Mexican government, and at destination again reduced to tangible form and delivered, was transmitted in interstate commerce in violation of § 1343 of Title 18 as it read prior to 1956 Amendment including foreign commerce therein. Wentz v United States (1957, CA9 Cal) 244 F2d 172, cert den (1957) 355 US 806, 2 L Ed 2d 50, 78 S Ct 49.    With regard to interstate transmission, tariff provisions limiting liability are binding on all parties and have force of law irrespective of their knowledge or notice thereof irrespective of whether message is filed on regular blank, and on blank piece of paper, over telephone, or in some other manner; however, intrastate transmissions, by the express provisions of 47 USCS § 153(e)(3) [now 47 USCS § 153(22)] are governed by state laws and regulations if such transmissions are governed by a state regulatory commission. Robert Gibb & Sons, Inc. v Western Union Tel. Co. (1977, DC ND) 428 F Supp 140.    Data processing service company is not engaged in unauthorized interstate communications common carriage by providing data processing packages that include message-switching as part of single integrated service wherein data processing system with message-switching enables users not only to have on-line communication with computer for data processing purposes, but to communicate with each other when computer is programmed to switch messages between users because such message switching involved in routing information to third-parties is incidental to data processing being performed. Western Union Tel. Co. (1979) 71 FCC2d 1122. 5. Mobile service    To extent that teletext services may constitute mobile radio services within definition of 47 USCS § 153(n) [now 47 USCS § 153(27)], they are governed by 47 USCS § 331(c). Re Amendment of Commission's Rules, FCC 83-120 (Adopted Mar. 31, 1983).    FM subchannel services such as paging are included within term "mobile service". Re Amendment of Commission's Rules, FCC 83-154 (Adopted Apr. 7, 1983).    Service to ineligible users does not preclude qualification as private land mobile service within meaning of 47 USCS § 153, and does not transform such service into common carrier subject to state regulation, as § 153 does not provide further test of whether system remains private, but instead was intended by Congress to recognize FCC's longstanding policy that eligibility is factor to be considered as part of licensing process in services, and that licensees may service only eligibles. Re Paul Kelley d/b/a American Teltronix, Licensee of Station WNHM 552, FCC 90-103 (Adopted March 21, 1990).    One-way paging devices, as licensed by FCC, are not mobile radio telephone service over which FCC has agreed to permit states to exercise some jurisdiction so that state public service commission has no authority to regulate such service. ATS Mobile Tel., Inc. v General Communications Co. (1979) 204 Neb 141, 282 NW2d 16. 6. Network element    For purposes of 47 USCS § 153(29), network element did not have to be part of physical facilities and equipment used to provide local telephone service; thus, with respect to local telephone service regulations promulgated by Federal Communications Commission (FCC) under local-competition provisions of Telecommunications Act of 1996 (47 USCS §§ 251 et seq.), it was reasonable for FCC to apply definition of "network element" to include items such as (1) operator services and directory assistance, whether involving live operators or automation; (2) local exchange carrier's background software system containing essential network information as well as programs to manage billing, repair ordering, and other functions; and (3) vertical switching features such as caller I.D., call forwarding, and call waiting. AT&T Corp. v Iowa Utils. Bd. (1999) 525 US 366, 142 L Ed 2d 834, 119 S Ct 721, 99 CDOS 633, 99 Daily Journal DAR 773, 1991-1 CCH Trade Cases P 72405, 1999 Colo J C A R 456.    FCC properly determined that shared transport constituted network element as defined by 47 USCS § 153(29). Southwestern Bell Tel. Co. v FCC (1998, CA8) 153 F3d 597, reh den (1998, CA8) 1998 US App LEXIS 30873 and vacated without op, remanded (1999) 526 US 1142, 143 L Ed 2d 1029, 119 S Ct 2016, 99 CDOS 4075, 99 Daily Journal DAR 5185 and reinstated, in part (1999, CA8) 199 F3d 996.    FCC correctly determined that "shared transport" was "network element" as defined in § 153(29) of Telecommunications Act (47 USCS §§ 151 et seq.). Southwestern Bell Tel. Co. v FCC (1999, CA8) 199 F3d 996. 7. Radio communication    Terms "the transmission of . . . signals, pictures, and sounds of all kinds," whether by radio or cable, "including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding and delivery of communications) incidental to such transmission," as used in provisions of Federal Communications Act of 1934 (47 USCS § 153(a), (b) [now 47 USCS § 153(33), (52)]) defining term "communication by wire or radio" as used in Act to encompass such activities, amply suffice to reach community antenna television (CATV) systems which transmit signals of broadcasting stations in one area of state into another area of same state. United States v Southwestern Cable Co. (1968) 392 US 157, 20 L Ed 2d 1001, 88 S Ct 1994, 1 Media L R 2247.    Although 47 USCS § 153(b) [now 47 USCS § 153(33)] includes "transmission by radio of. . . pictures. . . .," and Communications Act encompasses broadcast television; cable systems are neither common carriers nor broadcasters and hence Act contains no specific grant of authority over cable systems, and there was no congressional intent regarding them. FCC v Midwest Video Corp. (1979) 440 US 689, 59 L Ed 2d 692, 99 S Ct 1435, 4 Media L R 2345.    Cable television programming transmitted over cable network does not constitute "radio communication" as defined by 47 USCS § 153(b) [now 47 USCS § 153(33)]. United States v Norris (1996, CA7 Ind) 88 F3d 462 (criticized in Cmty. Tv Sys. v Caruso (2002, CA2 Conn) 2002 US App LEXIS 4410). 8. Telephone exchange service    Term "telephone exchange service" is statutory term of art meaning service within discrete local exchange system. North Carolina Utilities Com. v Federal Communications Com. (1977, CA4) 552 F2d 1036, cert den (1977) 434 US 874, 54 L Ed 2d 154, 98 S Ct 222, 98 S Ct 223.    Words "and which is covered by exchange service charge" in 47 USCS § 153(r) [now 47 USCS § 153(47)] should be interpreted in light of the context and language that goes before and afterwards in other parts of law, and in light of language contained in exemption clause (47 USCS § 221(b)); phrase "and which is covered by the exchange service charge" word "charge" does not invariably signify singular and should be given meaning, and which is covered by exchange service "charge, according to the charges, classifications, practices, services, facilities, or regulations of the exchange." Southwestern Bell Tel. Co. v United States (1942, DC Mo) 45 F Supp 403.    Services rendered by hotel to its guests in rooms by means of PBX did not constitute "telephone exchange service" within purview of 47 USCS §§ 151 et seq. United States v American Tel. & Tel. Co. (1944, DC NY) 57 F Supp 451, affd (1945) 325 US 837, 89 L Ed 1964, 65 S Ct 1401.    Extended area arrangement that permits local exchange service subscribers in one exchange and local exchange service subscribers in other exchange to place calls to each other without paying toll charges makes entire area exchange area for purposes of 47 USCS § 153. Re Northwestern Bell Tel. Co. (11/18/82, FCC) 82-514. 9. Wire communication    Terms "the transmission of . . . signals, pictures, and sounds of all kinds," whether by radio or cable, "including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding and delivery of communications) incidental to such transmission," as used in provisions of Federal Communications Act of 1934 (47 USCS § 153(a), (b) [now 47 USCS § 153(33), (52)]) defining term "communication by wire or radio" as used in Act to encompass such activities, amply suffice to reach community antenna television (CATV) systems which transmit signals of broadcasting stations in one area of state into another area of same state. United States v Southwestern Cable Co. (1968) 392 US 157, 20 L Ed 2d 1001, 88 S Ct 1994, 1 Media L R 2247.    New service, which consisted of complex of small machines with cumulative capacity to send and receive messages in central computer with teletypewriter printer and viewing screen, and capacity to store, review, and revise outgoing messages prior to transmission, was considered more than conventional teletypewriter and less than computer so that it was correctly classified as "communications" rather than "data processing" instrument, and so was subject to regulation under 47 USCS § 153(a) [now 47 USCS § 153(52)]. International Business Machines Corp. v Federal Communications Com. (1978, CA2) 570 F2d 452.    Wire communications, within meaning of this act (47 USCS § 151 et seq.), do not end at the PBX board of a hotel providing telephone service to its guest rooms and making service charge for interstate calls based on amount of toll charge made by the telephone company, plus tax. United States v American Tel. & Tel. Co. (1944, DC NY) 57 F Supp 451, affd (1945) 325 US 837, 89 L Ed 1964, 65 S Ct 1401. 10. Other terms    For purposes of 47 USCS § 153, equipment which is "used" in provision of telecommunications service includes equipment and facilities, such as dark fiber, that are part of network, even though they may not be in actual use when access request is made; additionally, directory publishing services qualify as "network elements." AT&T Communs., Inc. v Bell Atlantic-Virginia, Inc. (1999, CA4 Va) 197 F3d 663.    FCC's interpretation of ambiguous term "telecommunications carrier," which was first used in 1996 Telecommunications Act (codified in scattered sections of 47 USCS), to mean essentially same thing as "common carrier" was reasonable. Virgin Islands Tel. Corp. v FCC (1999, App DC) 339 US App DC 174, 198 F3d 921.    It is clearly within design of predecessor statute that terms "station" and "apparatus" may be used interchangeably in warrant charging defendant with operating without license. United States v Splane (1933, DC NY) 2 F Supp 685.    Toll charge is not only between different exchange areas but it is service for which there is made separate charge not included in contracts with subscribers for exchange service. Southwestern Bell Tel. Co. v United States (1942, DC Mo) 45 F Supp 403.    Unbundled Open End Network Architecture Services termed Basic Service Elements are network services that fall within definition of "wire communication" as "incidental" to underlying transmission, and when used in connection with end-to-end interstate transmission, such Basic Service Elements are subject to FCC jurisdiction. Re Filing & Review of Open Network Architecture Plans, FCC 90-134 (Adopted April 12, 1990).