US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 47USC332]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
                       Part I--General Provisions
 
Sec. 332. Mobile services


(a) Factors which Commission must consider

    In taking actions to manage the spectrum to be made available for 
use by the private mobile services, the Commission shall consider, 
consistent with section 151 of this title, whether such actions will--
        (1) promote the safety of life and property;
        (2) improve the efficiency of spectrum use and reduce the 
    regulatory burden upon spectrum users, based upon sound engineering 
    principles, user operational requirements, and marketplace demands;
        (3) encourage competition and provide services to the largest 
    feasible number of users; or
        (4) increase interservice sharing opportunities between private 
    mobile services and other services.

(b) Advisory coordinating committees

    (1) The Commission, in coordinating the assignment of frequencies to 
stations in the private mobile services and in the fixed services (as 
defined by the Commission by rule), shall have authority to utilize 
assistance furnished by advisory coordinating committees consisting of 
individuals who are not officers or employees of the Federal Government.
    (2) The authority of the Commission established in this subsection 
shall not be subject to or affected by the provisions of part III of 
title 5 or section 1342 of title 31.
    (3) Any person who provides assistance to the Commission under this 
subsection shall not be considered, by reason of having provided such 
assistance, a Federal employee.
    (4) Any advisory coordinating committee which furnishes assistance 
to the Commission under this subsection shall not be subject to the 
provisions of the Federal Advisory Committee Act.

(c) Regulatory treatment of mobile services

     (1) Common carrier treatment of commercial mobile services

        (A) A person engaged in the provision of a service that is a 
    commercial mobile service shall, insofar as such person is so 
    engaged, be treated as a common carrier for purposes of this 
    chapter, except for such provisions of subchapter II of this chapter 
    as the Commission may specify by regulation as inapplicable to that 
    service or person. In prescribing or amending any such regulation, 
    the Commission may not specify any provision of section 201, 202, or 
    208 of this title, and may specify any other provision only if the 
    Commission determines that--
            (i) enforcement of such provision is not necessary in order 
        to ensure that the charges, practices, classifications, or 
        regulations for or in connection with that service are just and 
        reasonable and are not unjustly or unreasonably discriminatory;
            (ii) enforcement of such provision is not necessary for the 
        protection of consumers; and
            (iii) specifying such provision is consistent with the 
        public interest.

        (B) Upon reasonable request of any person providing commercial 
    mobile service, the Commission shall order a common carrier to 
    establish physical connections with such service pursuant to the 
    provisions of section 201 of this title. Except to the extent that 
    the Commission is required to respond to such a request, this 
    subparagraph shall not be construed as a limitation or expansion of 
    the Commission's authority to order interconnection pursuant to this 
    chapter.
        (C) The Commission shall review competitive market conditions 
    with respect to commercial mobile services and shall include in its 
    annual report an analysis of those conditions. Such analysis shall 
    include an identification of the number of competitors in various 
    commercial mobile services, an analysis of whether or not there is 
    effective competition, an analysis of whether any of such 
    competitors have a dominant share of the market for such services, 
    and a statement of whether additional providers or classes of 
    providers in those services would be likely to enhance competition. 
    As a part of making a determination with respect to the public 
    interest under subparagraph (A)(iii), the Commission shall consider 
    whether the proposed regulation (or amendment thereof) will promote 
    competitive market conditions, including the extent to which such 
    regulation (or amendment) will enhance competition among providers 
    of commercial mobile services. If the Commission determines that 
    such regulation (or amendment) will promote competition among 
    providers of commercial mobile services, such determination may be 
    the basis for a Commission finding that such regulation (or 
    amendment) is in the public interest.
        (D) The Commission shall, not later than 180 days after August 
    10, 1993, complete a rulemaking required to implement this paragraph 
    with respect to the licensing of personal communications services, 
    including making any determinations required by subparagraph (C).

     (2) Non-common carrier treatment of private mobile services

        A person engaged in the provision of a service that is a private 
    mobile service shall not, insofar as such person is so engaged, be 
    treated as a common carrier for any purpose under this chapter. A 
    common carrier (other than a person that was treated as a provider 
    of a private land mobile service prior to August 10, 1993) shall not 
    provide any dispatch service on any frequency allocated for common 
    carrier service, except to the extent such dispatch service is 
    provided on stations licensed in the domestic public land mobile 
    radio service before January 1, 1982. The Commission may by 
    regulation terminate, in whole or in part, the prohibition contained 
    in the preceding sentence if the Commission determines that such 
    termination will serve the public interest.

                        (3) State preemption

        (A) Notwithstanding sections 152(b) and 221(b) of this title, no 
    State or local government shall have any authority to regulate the 
    entry of or the rates charged by any commercial mobile service or 
    any private mobile service, except that this paragraph shall not 
    prohibit a State from regulating the other terms and conditions of 
    commercial mobile services. Nothing in this subparagraph shall 
    exempt providers of commercial mobile services (where such services 
    are a substitute for land line telephone exchange service for a 
    substantial portion of the communications within such State) from 
    requirements imposed by a State commission on all providers of 
    telecommunications services necessary to ensure the universal 
    availability of telecommunications service at affordable rates. 
    Notwithstanding the first sentence of this subparagraph, a State may 
    petition the Commission for authority to regulate the rates for any 
    commercial mobile service and the Commission shall grant such 
    petition if such State demonstrates that--
            (i) market conditions with respect to such services fail to 
        protect subscribers adequately from unjust and unreasonable 
        rates or rates that are unjustly or unreasonably discriminatory; 
        or
            (ii) such market conditions exist and such service is a 
        replacement for land line telephone exchange service for a 
        substantial portion of the telephone land line exchange service 
        within such State.

    The Commission shall provide reasonable opportunity for public 
    comment in response to such petition, and shall, within 9 months 
    after the date of its submission, grant or deny such petition. If 
    the Commission grants such petition, the Commission shall authorize 
    the State to exercise under State law such authority over rates, for 
    such periods of time, as the Commission deems necessary to ensure 
    that such rates are just and reasonable and not unjustly or 
    unreasonably discriminatory.
        (B) If a State has in effect on June 1, 1993, any regulation 
    concerning the rates for any commercial mobile service offered in 
    such State on such date, such State may, no later than 1 year after 
    August 10, 1993, petition the Commission requesting that the State 
    be authorized to continue exercising authority over such rates. If a 
    State files such a petition, the State's existing regulation shall, 
    notwithstanding subparagraph (A), remain in effect until the 
    Commission completes all action (including any reconsideration) on 
    such petition. The Commission shall review such petition in 
    accordance with the procedures established in such subparagraph, 
    shall complete all action (including any reconsideration) within 12 
    months after such petition is filed, and shall grant such petition 
    if the State satisfies the showing required under subparagraph 
    (A)(i) or (A)(ii). If the Commission grants such petition, the 
    Commission shall authorize the State to exercise under State law 
    such authority over rates, for such period of time, as the 
    Commission deems necessary to ensure that such rates are just and 
    reasonable and not unjustly or unreasonably discriminatory. After a 
    reasonable period of time, as determined by the Commission, has 
    elapsed from the issuance of an order under subparagraph (A) or this 
    subparagraph, any interested party may petition the Commission for 
    an order that the exercise of authority by a State pursuant to such 
    subparagraph is no longer necessary to ensure that the rates for 
    commercial mobile services are just and reasonable and not unjustly 
    or unreasonably discriminatory. The Commission shall provide 
    reasonable opportunity for public comment in response to such 
    petition, and shall, within 9 months after the date of its 
    submission, grant or deny such petition in whole or in part.

        (4) Regulatory treatment of communications satellite 
                                 corporation

        Nothing in this subsection shall be construed to alter or affect 
    the regulatory treatment required by title IV of the Communications 
    Satellite Act of 1962 [47 U.S.C. 741 et seq.] of the corporation 
    authorized by title III of such Act [47 U.S.C. 731 et seq.].

                     (5) Space segment capacity

        Nothing in this section shall prohibit the Commission from 
    continuing to determine whether the provision of space segment 
    capacity by satellite systems to providers of commercial mobile 
    services shall be treated as common carriage.

                        (6) Foreign ownership

        The Commission, upon a petition for waiver filed within 6 months 
    after August 10, 1993, may waive the application of section 310(b) 
    of this title to any foreign ownership that lawfully existed before 
    May 24, 1993, of any provider of a private land mobile service that 
    will be treated as a common carrier as a result of the enactment of 
    the Omnibus Budget Reconciliation Act of 1993, but only upon the 
    following conditions:
            (A) The extent of foreign ownership interest shall not be 
        increased above the extent which existed on May 24, 1993.
            (B) Such waiver shall not permit the subsequent transfer of 
        ownership to any other person in violation of section 310(b) of 
        this title.

             (7) Preservation of local zoning authority

        (A) General authority

            Except as provided in this paragraph, nothing in this 
        chapter shall limit or affect the authority of a State or local 
        government or instrumentality thereof over decisions regarding 
        the placement, construction, and modification of personal 
        wireless service facilities.

        (B) Limitations

            (i) The regulation of the placement, construction, and 
        modification of personal wireless service facilities by any 
        State or local government or instrumentality thereof--
                (I) shall not unreasonably discriminate among providers 
            of functionally equivalent services; and
                (II) shall not prohibit or have the effect of 
            prohibiting the provision of personal wireless services.

            (ii) A State or local government or instrumentality thereof 
        shall act on any request for authorization to place, construct, 
        or modify personal wireless service facilities within a 
        reasonable period of time after the request is duly filed with 
        such government or instrumentality, taking into account the 
        nature and scope of such request.
            (iii) Any decision by a State or local government or 
        instrumentality thereof to deny a request to place, construct, 
        or modify personal wireless service facilities shall be in 
        writing and supported by substantial evidence contained in a 
        written record.
            (iv) No State or local government or instrumentality thereof 
        may regulate the placement, construction, and modification of 
        personal wireless service facilities on the basis of the 
        environmental effects of radio frequency emissions to the extent 
        that such facilities comply with the Commission's regulations 
        concerning such emissions.
            (v) Any person adversely affected by any final action or 
        failure to act by a State or local government or any 
        instrumentality thereof that is inconsistent with this 
        subparagraph may, within 30 days after such action or failure to 
        act, commence an action in any court of competent jurisdiction. 
        The court shall hear and decide such action on an expedited 
        basis. Any person adversely affected by an act or failure to act 
        by a State or local government or any instrumentality thereof 
        that is inconsistent with clause (iv) may petition the 
        Commission for relief.

        (C) Definitions

            For purposes of this paragraph--
                (i) the term ``personal wireless services'' means 
            commercial mobile services, unlicensed wireless services, 
            and common carrier wireless exchange access services;
                (ii) the term ``personal wireless service facilities'' 
            means facilities for the provision of personal wireless 
            services; and
                (iii) the term ``unlicensed wireless service'' means the 
            offering of telecommunications services using duly 
            authorized devices which do not require individual licenses, 
            but does not mean the provision of direct-to-home satellite 
            services (as defined in section 303(v) of this title).

                     (8) Mobile services access

        A person engaged in the provision of commercial mobile services, 
    insofar as such person is so engaged, shall not be required to 
    provide equal access to common carriers for the provision of 
    telephone toll services. If the Commission determines that 
    subscribers to such services are denied access to the provider of 
    telephone toll services of the subscribers' choice, and that such 
    denial is contrary to the public interest, convenience, and 
    necessity, then the Commission shall prescribe regulations to afford 
    subscribers unblocked access to the provider of telephone toll 
    services of the subscribers' choice through the use of a carrier 
    identification code assigned to such provider or other mechanism. 
    The requirements for unblocking shall not apply to mobile satellite 
    services unless the Commission finds it to be in the public interest 
    to apply such requirements to such services.

(d) Definitions

    For purposes of this section--
        (1) the term ``commercial mobile service'' means any mobile 
    service (as defined in section 153 of this title) that is provided 
    for profit and makes interconnected service available (A) to the 
    public or (B) to such classes of eligible users as to be effectively 
    available to a substantial portion of the public, as specified by 
    regulation by the Commission;
        (2) the term ``interconnected service'' means service that is 
    interconnected with the public switched network (as such terms are 
    defined by regulation by the Commission) or service for which a 
    request for interconnection is pending pursuant to subsection 
    (c)(1)(B) of this section; and
        (3) the term ``private mobile service'' means any mobile service 
    (as defined in section 153 of this title) that is not a commercial 
    mobile service or the functional equivalent of a commercial mobile 
    service, as specified by regulation by the Commission.

(June 19, 1934, ch. 652, title III, Sec. 332, formerly Sec. 331, as 
added Pub. L. 97-259, title I, Sec. 120(a), Sept. 13, 1982, 96 Stat. 
1096; renumbered Sec. 332, Pub. L. 102-385, Sec. 25(b), Oct. 5, 1992, 
106 Stat. 1502; amended Pub. L. 103-66, title VI, Sec. 6002(b)(2)(A), 
Aug. 10, 1993, 107 Stat. 392; Pub. L. 104-104, Sec. 3(d)(2), title VII, 
Secs. 704(a), 705, Feb. 8, 1996, 110 Stat. 61, 151, 153.)

                       References in Text

    Provisions of part III of title 5, referred to in subsec. (b)(2), 
are classified to section 2101 et seq. of Title 5, Government 
Organization and Employees.
    The Federal Advisory Committee Act, referred to in subsec. (b)(4), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to Title 5.
    The Communications Satellite Act of 1962, referred to in subsec. 
(c)(4), is Pub. L. 87-624, Aug. 31, 1962, 76 Stat. 419, as amended. 
Titles III and IV of the Act are classified generally to subchapters III 
(Sec. 731 et seq.) and IV (Sec. 741 et seq.), respectively, of chapter 6 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 701 of this title and Tables.
    The Omnibus Budget Reconciliation Act of 1993, referred to in 
subsec. (c)(6), is Pub. L. 103-66, Aug. 10, 1993, 107 Stat. 312, as 
amended. For complete classification of this Act to the Code, see 
Tables.

                          Codification

    In subsec. (b)(2), ``section 1342 of title 31'' substituted for 
``section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))'' on 
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, 
the first section of which enacted Title 31, Money and Finance.


                               Amendments

    1996--Subsec. (c)(7). Pub. L. 104-104, Sec. 704(a), added par. (7).
    Subsec. (c)(8). Pub. L. 104-104, Sec. 705, added par. (8).
    Subsec. (d)(1), (3). Pub. L. 104-104, Sec. 3(d)(2), substituted 
``section 153'' for ``section 153(n)''.
    1993--Pub. L. 103-66 struck out ``Private land'' before ``mobile 
services'' in section catchline, struck out ``land'' before ``mobile 
services'' wherever appearing in subsecs. (a) and (b), added subsecs. 
(c) and (d), and struck out former subsec. (c) which related to service 
provided by specialized mobile radio, multiple licensed radio dispatch 
systems, and other radio dispatch systems; common carriers; and rate or 
entry regulations.


                    Effective Date of 1993 Amendment

    Section 6002(c) of Pub. L. 103-66 provided that:
    ``(1) In general.--Except as provided in paragraph (2), the 
amendments made by this section [amending this section and sections 152, 
153, and 309 of this title] are effective on the date of enactment of 
this Act [Aug. 10, 1993].
    ``(2) Effective dates of mobile service amendments.--The amendments 
made by subsection (b)(2) [amending this section and sections 152 and 
153 of this title] shall be effective on the date of enactment of this 
Act [Aug. 10, 1993], except that--
        ``(A) section 332(c)(3)(A) of the Communications Act of 1934 
    [subsec. (c)(3)(A) of this section], as amended by such subsection, 
    shall take effect 1 year after such date of enactment; and
        ``(B) any private land mobile service provided by any person 
    before such date of enactment, and any paging service utilizing 
    frequencies allocated as of January 1, 1993, for private land mobile 
    services, shall, except for purposes of section 332(c)(6) of such 
    Act [subsec. (c)(6) of this section], be treated as a private mobile 
    service until 3 years after such date of enactment.''


                        Availability of Property

    Section 704(c) of Pub. L. 104-104 provided that: ``Within 180 days 
of the enactment of this Act [Feb. 8, 1996], the President or his 
designee shall prescribe procedures by which Federal departments and 
agencies may make available on a fair, reasonable, and nondiscriminatory 
basis, property, rights-of-way, and easements under their control for 
the placement of new telecommunications services that are dependent, in 
whole or in part, upon the utilization of Federal spectrum rights for 
the transmission or reception of such services. These procedures may 
establish a presumption that requests for the use of property, rights-
of-way, and easements by duly authorized providers should be granted 
absent unavoidable direct conflict with the department or agency's 
mission, or the current or planned use of the property, rights-of-way, 
and easements in question. Reasonable fees may be charged to providers 
of such telecommunications services for use of property, rights-of-way, 
and easements. The Commission shall provide technical support to States 
to encourage them to make property, rights-of-way, and easements under 
their jurisdiction available for such purposes.''


          Transitional Rulemaking for Mobile Service Providers

    Section 6002(d)(3) of Pub. L. 103-66 provided that: ``Within 1 year 
after the date of enactment of this Act [Aug. 10, 1993], the Federal 
Communications Commission--
        ``(A) shall issue such modifications or terminations of the 
    regulations applicable (before the date of enactment of this Act) to 
    private land mobile services as are necessary to implement the 
    amendments made by subsection (b)(2) [amending this section and 
    sections 152 and 153 of this title];
        ``(B) in the regulations that will, after such date of 
    enactment, apply to a service that was a private land mobile service 
    and that becomes a commercial mobile service (as a consequence of 
    such amendments), shall make such other modifications or 
    terminations as may be necessary and practical to assure that 
    licensees in such service are subjected to technical requirements 
    that are comparable to the technical requirements that apply to 
    licensees that are providers of substantially similar common carrier 
    services;
        ``(C) shall issue such other regulations as are necessary to 
    implement the amendments made by subsection (b)(2); and
        ``(D) shall include, in such regulations, modifications, and 
    terminations, such provisions as are necessary to provide for an 
    orderly transition.''

                  Section Referred to in Other Sections

    This section is referred to in sections 152, 153, 160, 222, 253, 
271, 309, 1001, 1002 of this title.