Case 6:20-cv-00272-ADA Document 65-8 Filed 03/14/22 Page 1 of 7
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`Exhibit 6
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`Case 6:20-cv-00272-ADA Document 65-8 Filed 03/14/22 Page 2 of 7
`Case 6:20-cv-00272-ADA Document 65-8 Filed 03/14/22 Page 2 of 7
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`AUTHENTICATED
`US, GOVERNMENT
`INFORMATION
`GPO
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`PUBLIC LAW 104-104—FEB. 8, 1996
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`TELECOMMUNICATIONS ACT OF 1996
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`DEFS-VOIP-2020-CC-00000135
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`Case 6:20-cv-00272-ADA Document 65-8 Filed 03/14/22 Page 3 of 7
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`110 STAT. 56
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`PUBLIC LAW 104–104—FEB. 8, 1996
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`Feb. 8, 1996
`[S. 652]
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`Telecommuni-
`cations Act of
`1996.
`Intergovern-
`mental relations.
`47 USC 609 note.
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`Public Law 104–104
`104th Congress
`
`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.
`
`Be it enacted by the Senate and House of Representatives of
`the United States of America in Congress assembled,
`SECTION 1. SHORT TITLE; REFERENCES.
`(a) SHORT TITLE.—This Act may be cited as the ‘‘Telecommuni-
`cations Act of 1996’’.
`(b) REFERENCES.—Except as otherwise expressly provided,
`whenever in this Act an amendment or repeal is expressed in
`terms of an amendment to, or repeal of, a section or other provision,
`the reference shall be considered to be made to a section or other
`provision of the Communications Act of 1934 (47 U.S.C. 151 et
`seq.).
`SEC. 2. TABLE OF CONTENTS.
`The table of contents for this Act is as follows:
`Sec. 1. Short title; references.
`Sec. 2. Table of contents.
`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.’’
`Sec. 102. Eligible telecommunications carriers.
`Sec. 103. 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.
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`PUBLIC LAW 104–104—FEB. 8, 1996
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`110 STAT. 57
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`‘‘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
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`Sec. 501. Short title.
`Sec. 502. Obscene or harassing use of telecommunications facilities under the Com-
`munications 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 mate-
`rials 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.
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`Subtitle C—Judicial Review
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`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.
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`110 STAT. 58
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`PUBLIC LAW 104–104—FEB. 8, 1996
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`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.
`SEC. 3. DEFINITIONS.
`(a) ADDITIONAL DEFINITIONS.—Section 3 (47 U.S.C. 153) is
`amended—
`(1) in subsection (r)—
`(A) by inserting ‘‘(A)’’ after ‘‘means’’; and
`(B) by inserting before the period at the end the follow-
`ing: ‘‘, 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’’; and
`(2) by adding at the end thereof the following:
`‘‘(33) 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.
`‘‘(34) AT&T CONSENT DECREE.—The term ‘AT&T Consent
`Decree’ means the order entered August 24, 1982, in the anti-
`trust 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.
`‘‘(35) BELL OPERATING COMPANY.—The term ‘Bell operating
`company’—
`‘‘(A) means any of the following companies: Bell Tele-
`phone Company of Nevada, Illinois Bell Telephone Com-
`pany, Indiana Bell Telephone Company, Incorporated,
`Michigan Bell Telephone Company, New England Tele-
`phone 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 Com-
`pany, Southwestern Bell Telephone Company, The Bell
`Telephone Company of Pennsylvania, The Chesapeake and
`Potomac Telephone Company, The Chesapeake and Poto-
`mac Telephone Company of Maryland, The Chesapeake
`and Potomac Telephone Company of Virginia, The Chesa-
`peake 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 com-
`pany that provides wireline telephone exchange service;
`but
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`PUBLIC LAW 104–104—FEB. 8, 1996
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`110 STAT. 59
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`‘‘(C) does not include an affiliate of any such company,
`other than an affiliate described in subparagraph (A) or
`(B).
`‘‘(36) CABLE SERVICE.—The term ‘cable service’ has the
`meaning given such term in section 602.
`‘‘(37) CABLE SYSTEM.—The term ‘cable system’ has the
`meaning given such term in section 602.
`‘‘(38) CUSTOMER PREMISES EQUIPMENT.—The term ‘cus-
`tomer premises equipment’ means equipment employed on the
`premises of a person (other than a carrier) to originate, route,
`or terminate telecommunications.
`‘‘(39) 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 designa-
`tion from among 2 or more telecommunications services provid-
`ers (including such local exchange carrier).
`‘‘(40) 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.
`‘‘(41) INFORMATION SERVICE.—The term ‘information serv-
`ice’ means the offering of a capability for generating, acquiring,
`storing, transforming, processing, retrieving, utilizing, or mak-
`ing 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 tele-
`communications service.
`‘‘(42) 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.
`‘‘(43) 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 by a Bell operating com-
`pany 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 com-
`pany after such date of enactment and approved by the
`Commission.
`‘‘(44) 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), except to the extent that the Commission finds that
`such service should be included in the definition of such term.
`‘‘(45) NETWORK ELEMENT.—The term ‘network element’
`means a facility or equipment used in the provision of a tele-
`communications service. Such term also includes features, functions,
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`110 STAT. 60
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`PUBLIC LAW 104–104—FEB. 8, 1996
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`and capabilities that are provided by means of such facility
`or equipment, including subscriber numbers, databases, signal-
`ing systems, and information sufficient for billing and collection
`or used in the transmission, routing, or other provision of
`a telecommunications service.
`‘‘(46) NUMBER PORTABILITY.—The term ‘number portability’
`means the ability of users of telecommunications services to
`retain, at the same location, existing telecommunications num-
`bers without impairment of quality, reliability, or convenience
`when switching
`from one telecommunications carrier to
`another.
`‘‘(47) RURAL TELEPHONE COMPANY.—The term ‘rural tele-
`phone 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.
`‘telecommuni-
`term
`‘‘(48) TELECOMMUNICATIONS.—The
`cations’ 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.
`‘‘(49) TELECOMMUNICATIONS CARRIER.—The term
`‘tele-
`communications carrier’ means any provider of telecommuni-
`cations services, except that such term does not include
`aggregators of telecommunications services (as defined in sec-
`tion 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.
`‘‘(50) TELECOMMUNICATIONS EQUIPMENT.—The term ‘tele-
`communications equipment’ means equipment, other than cus-
`tomer premises equipment, used by a carrier to provide tele-
`communications services, and includes software integral to such
`equipment (including upgrades).
`‘‘(51) TELECOMMUNICATIONS SERVICE.—The term
`‘tele-
`communications service’ means the offering of telecommuni-
`cations 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.’’.
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