Communications Act of 1934 (47 USC § 609)

Communications Act of 1934

47 USC § 609

 

47 USC 609: Short title

Text contains those laws in effect on July 5, 2022

Title 47-TELECOMMUNICATIONS

CHAPTER 5-WIRE OR RADIO COMMUNICATION

SUBCHAPTER VI-MISCELLANEOUS PROVISIONS

 

§609. Short title

This chapter may be cited as the "Communications Act of 1934."

(June 19, 1934, ch. 652, title VII, §709, formerly title VI, §609, 48 Stat. 1105 ; renumbered title VII, §709, Pub. L. 98–549, §6(a), Oct. 30, 1984, 98 Stat. 2804 .)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064 , known as the Communications Act of 1934, which enacted this chapter, amended section 35 of this title, section 21 of Title 15, Commerce and Trade, section 487 of former Title 46, Shipping, and sections 1, 2, 5, and 15 of former Title 49, Transportation, and repealed sections 484 to 487 of former Title 46. For complete classification of this Act to the Code, see Tables.

 

Statutory Notes and Related Subsidiaries

Short Title of 2021 Amendment

Pub. L. 117–58, div. F, title VI, §60601, Nov. 15, 2021, 135 Stat. 1246 , provided that: "This title [enacting and repealing section 344 of this title and enacting provisions set out as notes under section 344 of this title and section 3111 of Title 29, Labor] may be cited as the 'Telecommunications Skilled Workforce Act'."

 

Short Title of 2020 Amendment

Pub. L. 116–260, div. FF, title IX, §902(a), Dec. 27, 2020, 134 Stat. 3206 , provided that: "This section [amending section 615a–1 of this title, repealing section 1413 of this title and enacting provisions set out as notes under section 615a–1 of this title] may be cited as the 'Don't Break Up the T-Band Act of 2020'."

 

Pub. L. 116–172, §1, Oct. 17, 2020, 134 Stat. 832 , provided that: "This Act [enacting section 251a of this title, amending section 251 of this title, and enacting provisions set out as notes under section 251 of this title] may be cited as the 'National Suicide Hotline Designation Act of 2020'."

 

Pub. L. 116–130, §1, Mar. 23, 2020, 134 Stat. 228 , provided that: "This Act [enacting subchapter VII of this chapter] may be cited as the 'Broadband Deployment Accuracy and Technological Availability Act' or the 'Broadband DATA Act'."

 

Pub. L. 116–109, §1, Jan. 24, 2020, 134 Stat. 3 , provided that: "This Act [enacting section 511 of this title] may be cited as the 'Preventing Illegal Radio Abuse Through Enforcement Act' or the 'PIRATE Act'."

 

Short Title of 2019 Amendment

Pub. L. 116–105, §1, Dec. 30, 2019, 133 Stat. 3274 , provided that: "This Act [enacting sections 227b to 227b–2 of this title, amending section 227 of this title, and enacting provisions set out as notes under section 227 of this title] may be cited as the 'Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act' or the 'Pallone-Thune TRACED Act'."

 

Pub. L. 116–94, div. P, title X, §1001, Dec. 20, 2019, 133 Stat. 3198 , provided that: "This title [enacting section 562 of this title, amending section 325 of this title, and enacting provisions set out as notes under sections 325 and 562 of this title] may be cited as the 'Television Viewer Protection Act of 2019'."

 

Short Title of 2018 Amendment

Pub. L. 115–141, div. P, §1(a), Mar. 23, 2018, 132 Stat. 1080 , provided that: "This division [see Tables for classification] may be cited as the 'Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018' or the 'RAY BAUM'S Act of 2018'."

 

Pub. L. 115–129, §1, Feb. 26, 2018, 132 Stat. 329 , provided that: "This Act [enacting section 262 of this title] may be cited as the 'Improving Rural Call Quality and Reliability Act of 2017'."

 

Pub. L. 115–127, §1, Feb. 16, 2018, 132 Stat. 326 , provided that: "This Act [enacting section 623 of this title and provisions set out as a note under section 623 of this title] may be cited as the 'Kari's Law Act of 2017'."

 

Short Title of 2016 Amendment

Pub. L. 114–182, title II, §201, June 22, 2016, 130 Stat. 512 , provided that: "This title [amending section 254 of this title and enacting provisions set out as notes under section 254 of this title] may be cited as the 'Rural Healthcare Connectivity Act of 2016'."

 

Short Title of 2014 Amendment

Pub. L. 113–200, §1(a), Dec. 4, 2014, 128 Stat. 2059 , provided that: "This Act [amending sections 325, 338, 534, and 543 of this title and sections 111, 119, and 122 of Title 17, Copyrights, enacting provisions set out as notes under sections 153, 325, 338, and 534 of this title and section 111 of Title 17, and repealing provisions set out as a note under section 119 of Title 17] may be cited as the 'STELA Reauthorization Act of 2014'."

 

Pub. L. 113–197, §1, Nov. 26, 2014, 128 Stat. 2055 , provided that: "This Act [enacting section 622 of this title and provisions set out as notes under section 622 of this title] may be cited as the 'Enhance Labeling, Accessing, and Branding of Electronic Licenses Act of 2014' or the 'E–LABEL Act'."

 

Short Title of 2010 Amendment

Pub. L. 111–331, §1, Dec. 22, 2010, 124 Stat. 3572 , provided that: "This Act [amending section 227 of this title] may be cited as the 'Truth in Caller ID Act of 2009'."

 

Pub. L. 111–311, §1, Dec. 15, 2010, 124 Stat. 3294 , provided that: "This Act [enacting section 621 of this title] may be cited as the 'Commercial Advertisement Loudness Mitigation Act' or the 'CALM Act'."

 

Pub. L. 111–260, §1(a), Oct. 8, 2010, 124 Stat. 2751 , provided that: "This Act [enacting sections 615c and 616 to 620 of this title, amending sections 153, 225, 303, 330, 402, 503, 610, and 613 of this title, and enacting provisions set out as notes under sections 153, 303, 613, and 619 of this title] may be cited as the 'Twenty-First Century Communications and Video Accessibility Act of 2010'."

 

Short Title of 2009 Amendment

Pub. L. 111–4, §1, Feb. 11, 2009, 123 Stat. 112 , provided that: "This Act [amending sections 309 and 337 of this title and enacting and amending provisions set out as notes under section 309 of this title] may be cited as the 'DTV Delay Act'."

 

Short Title of 2008 Amendment

Pub. L. 110–295, §1, July 30, 2008, 122 Stat. 2972 , provided that: "This Act [amending provisions set out as a note under section 309 of this title] may be cited as the 'DTV Transition Assistance Act'."

 

Pub. L. 110–283, §1, July 23, 2008, 122 Stat. 2620 , provided that: "This Act [enacting section 615a–1 of this title and amending sections 222, 615a, 615b, and 942 of this title] may be cited as the 'New and Emerging Technologies 911 Improvement Act of 2008' or the 'NET 911 Improvement Act of 2008'."

 

Short Title of 2007 Amendment

Pub. L. 110–108, §1, Oct. 31, 2007, 121 Stat. 1024 , provided that: "This Act [enacting and amending provisions set out as notes under section 151 of this title] may be cited as the 'Internet Tax Freedom Act Amendments Act of 2007'."

 

Short Title of 2006 Amendment

Pub. L. 109–459, §1, Dec. 22, 2006, 120 Stat. 3399 , provided that: "This Act [enacting and repealing provisions set out as notes under section 201 of this title] may be cited as the 'Call Home Act of 2006'."

 

Pub. L. 109–235, §1, June 15, 2006, 120 Stat. 491 , provided that: "This Act [amending section 503 of this title] may be cited as the 'Broadcast Decency Enforcement Act of 2005'."

 

Short Title of 2005 Amendment

Pub. L. 109–21, §1, July 9, 2005, 119 Stat. 359 , provided that: "This Act [amending section 227 of this title and enacting provisions set out as a note under section 227 of this title] may be cited as the 'Junk Fax Prevention Act of 2005'."

 

Short Title of 2004 Amendment

Pub. L. 108–435, §1, Dec. 3, 2004, 118 Stat. 2615 , provided that: "This Act [enacting and amending provisions set out as notes under section 151 of this title] may be cited as the 'Internet Tax Nondiscrimination Act'."

 

Short Title of 2002 Amendment

Pub. L. 107–195, §1, June 19, 2002, 116 Stat. 715 , provided that: "This Act [amending section 309 of this title, enacting provisions set out as notes under sections 309 and 337 of this title, amending provisions set out as a note under section 337 of this title, and repealing provisions set out as a note under section 309 of this title] may be cited as the 'Auction Reform Act of 2002'."

 

Short Title of 2001 Amendment

Pub. L. 107–75, §1, Nov. 28, 2001, 115 Stat. 703 , provided that: "This Act [amending provisions set out as a note under section 151 of this title] may be cited as the 'Internet Tax Nondiscrimination Act'."

 

Short Title of 2000 Amendment

Pub. L. 106–554, §1(a)(4) [div. B, title XVII, §1731], Dec. 21, 2000, 114 Stat. 2763 , 2763A-350, provided that: "This subtitle [subtitle C (§§1731–1733) of title XVII of div. B of H.R. 5666, as enacted by section 1(a)(4) of Pub. L. 106–554, amending section 254 of this title and enacting provisions set out as a note under section 254 of this title] may be cited as the 'Neighborhood Children's Internet Protection Act'."

 

Short Title of 1999 Amendments

Pub. L. 106–113, div. B, §1000(a)(9) [title V, §5008(a)], Nov. 29, 1999, 113 Stat. 1536 , 1501A-594, provided that: "This section [amending section 336 of this title and enacting provisions set out as a note under section 336 of this title] may be cited as the 'Community Broadcasters Protection Act of 1999'."

 

Pub. L. 106–81, §1, Oct. 26, 1999, 113 Stat. 1286 , provided that: "This Act [enacting sections 615 to 615b of this title, amending sections 222 and 251 of this title, and enacting provisions set out as a note under section 615 of this title] may be cited as the 'Wireless Communications and Public Safety Act of 1999'."

 

Short Title of 1998 Amendment

Pub. L. 105–277, div. C, title XIV, §1401, Oct. 21, 1998, 112 Stat. 2681–736 , provided that: "This title [enacting section 231 of this title, amending sections 223 and 230 of this title, and enacting provisions set out as notes under sections 223 and 231 of this title] may be cited as the 'Child Online Protection Act'."

 

Short Title of 1996 Amendment

Pub. L. 104–104, §1(a), Feb. 8, 1996, 110 Stat. 56 , provided that: "This Act [enacting sections 160, 161, 222, 230, 251 to 261, 271 to 276, 336, 363, 549, 560, 561, 571 to 573, 613, and 614 of this title and section 79z–5c of Title 15, Commerce and Trade, amending sections 151, 153 to 155, 204, 208, 214, 220, 221, 223 to 225, 228, 302a, 303, 305, 307 to 310, 312, 319, 330, 332, 360, 382, 385, 402, 522, 531 to 534, 537, 541 to 544a, 548, 552, 556, 557, 559, and 605 of this title, sections 18, 79, 79z–6, and 5714 of Title 15, and sections 1462, 1465, and 2422 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under this section and sections 151 to 153, 156, 157, 204, 214, 223, 228, 303, 308, 332, 534, 543, and 561 of this title and section 1462 of Title 18] may be cited as the 'Telecommunications Act of 1996'."

 

Pub. L. 104–104, title V, §501, Feb. 8, 1996, 110 Stat. 133 , provided that: "This title [enacting sections 230, 560, and 561 of this title, amending sections 223, 303, 330, 531, 532, and 559 of this title and sections 1462, 1465, and 2422 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under sections 223, 303, and 561 of this title and section 1462 of Title 18] may be cited as the 'Communications Decency Act of 1996'."

 

Short Title of 1992 Amendments

Pub. L. 102–385, §1, Oct. 5, 1992, 106 Stat. 1460 , provided that: "This Act [enacting sections 334, 335, 534 to 537, 544a, 548, and 555a of this title, amending sections 325, 332, 522, 532, 533, 541 to 544, 546, 551 to 555, and 558 of this title, and enacting provisions set out as notes under sections 325, 521, 531, 543, and 554 of this title] may be cited as the 'Cable Television Consumer Protection and Competition Act of 1992'."

 

Pub. L. 102–356, §1, Aug. 26, 1992, 106 Stat. 949 , provided that: "This Act [amending sections 303b, 391, 393, and 396 of this title, enacting provisions set out as notes under sections 303 and 396 of this title, and repealing provisions set out as a note under section 303 of this title] may be cited as the 'Public Telecommunications Act of 1992'."

 

Short Title of 1991 Amendment

Pub. L. 102–243, §1, Dec. 20, 1991, 105 Stat. 2394 , provided that: "This Act [enacting section 227 of this title, amending sections 152 and 331 of this title, and enacting provisions set out as notes under section 227 of this title] may be cited as the 'Telephone Consumer Protection Act of 1991'."

 

Short Title of 1990 Amendments

Pub. L. 101–437, §1, Oct. 17, 1990, 104 Stat. 996 , provided that: "This Act [enacting sections 303a, 303b, and 394 of this title, amending section 397 of this title, renumbering former section 394 of this title as section 393a, and enacting provisions set out as notes under this section and sections 303a and 394 of this title] may be cited as the 'Children's Television Act of 1990'."

 

Pub. L. 101–437, title II, §201, Oct. 17, 1990, 104 Stat. 997 , provided that: "This title [enacting section 394 of this title, amending section 397 of this title, renumbering former section 394 of this title as section 393a, and enacting provisions set out as a note under section 394 of this title] may be cited as the 'National Endowment for Children's Educational Television Act of 1990'."

 

Pub. L. 101–435, §1, Oct. 17, 1990, 104 Stat. 986 , provided that: "This Act [enacting section 226 of this title and provisions set out as a note under section 226 of this title] may be cited as the 'Telephone Operator Consumer Services Improvement Act of 1990'."

 

Pub. L. 101–431, §1, Oct. 15, 1990, 104 Stat. 960 , provided that: "This Act [amending sections 303 and 330 of this title and enacting provisions set out as notes under section 303 of this title] may be cited as the 'Television Decoder Circuitry Act of 1990'."

 

Pub. L. 101–396, §1, Sept. 28, 1990, 104 Stat. 848 , provided: "That this Act [enacting section 333 of this title, amending sections 154, 156, 203, 303, 310, and 503 of this title, and amending provisions set out as a note under section 154 of this title] may be cited as the 'Federal Communications Commission Authorization Act of 1990'."

 

Short Title of 1988 Amendments

Pub. L. 100–626, §1, Nov. 7, 1988, 102 Stat. 3207 , provided that: "This Act [amending sections 391, 396, 398, 399, and 605 of this title and enacting provisions set out as notes under sections 391 and 396 of this title] may be cited as the 'Public Telecommunications Act of 1988'."

 

Pub. L. 100–594, §1, Nov. 3, 1988, 102 Stat. 3021 , provided that: "This Act [amending sections 154 to 156, 158, 204, 208, and 405 of this title and enacting provisions set out as notes under sections 154 and 156 of this title] may be cited as the 'Federal Communications Commission Authorization Act of 1988'."

 

Pub. L. 100–394, §1, Aug. 16, 1988, 102 Stat. 976 , provided: "That this Act [amending section 610 of this title and enacting provisions set out as a note under section 610 of this title] may be cited as the 'Hearing Aid Compatibility Act of 1988'."

 

Short Title of 1984 Amendment

Pub. L. 98–549, §1(a), Oct. 30, 1984, 98 Stat. 2779 , provided that: "This Act [enacting subchapter V–A of this chapter and section 611 of this title, amending sections 152, 224, 309, and 605 of this title, section 2511 of Title 18, Crimes and Criminal Procedure, and section 1805 of Title 50, War and National Defense, and enacting provisions set out as notes under sections 521, 543, and 605 of this title] may be cited as the 'Cable Communications Policy Act of 1984'."

 

Short Title of 1983 Amendments

Pub. L. 98–214, §1, Dec. 8, 1983, 97 Stat. 1467 , provided that: "This Act [enacting section 157 of this title, amending sections 154, 156, 223, 310, 316, 396, and 503 of this title, and enacting provisions set out as notes under sections 156, 223, and 303 of this title] may be cited as the 'Federal Communications Commission Authorization Act of 1983'."

 

Pub. L. 97–410, §1, Jan. 3, 1983, 96 Stat. 2043 , provided: "That this Act [enacting section 610 of this title, amending section 734 of this title, enacting provisions set out as a note under section 610 of this title, and amending provisions set out as a note under section 396 of this title] may be cited as the 'Telecommunications for the Disabled Act of 1982'."

 

Short Title of 1982 Amendment

Pub. L. 97–259, title I, §101, Sept. 13, 1982, 96 Stat. 1087 , provided that: "This title [enacting sections 332 and 510 of this title, amending sections 153, 154, 155, 224, 301, 302a, 303, 304, 307, 309, 311, 312, 319, 402, 405, 408, 503, and 605 of this title and section 1114 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 302a of this title] may be cited as the 'Communications Amendments Act of 1982'."

 

Short Title of 1981 Amendments

Pub. L. 97–130, §1, Dec 29, 1981, 95 Stat. 1687 , provided that: "This Act [amending section 222 of this title and section 1017 of Title 45, Railroads, and enacting provisions set out as notes under section 222 of this title and section 1017 of Title 45] may be referred to as the 'Record Carrier Competition Act of 1981'."

 

Pub. L. 97–35, title XII, §1221, Aug. 13, 1981, 95 Stat. 725 , provided that: "This chapter [chapter 1 (§§1221–1234) of subtitle B of title XII of Pub. L. 97–35, enacting sections 399a and 399b of this title, amending sections 391, 392, 396, 397, and 399 of this title, and enacting provisions set out as notes under section 396 of this title] may be cited as the 'Public Broadcasting Amendments Act of 1981'."

 

Short Title of 1978 Amendments

Pub. L. 95–567, §1, Nov. 2, 1978, 92 Stat. 2405 , provided: "That this Act [enacting section 395 of this title, amending sections 390 to 392, 393, 394, and 396 to 398 of this title, repealing sections 392a and 395 of this title, and enacting provisions set out as notes under sections 390, 392, and 396 of this title and section 5316 of Title 5, Government Organization and Employees] may be cited as the 'Public Telecommunications Financing Act of 1978'."

 

Pub. L. 95–234, §1, Feb. 21, 1978, 92 Stat. 33 , provided: "That this Act [enacting section 224 of this title, amending sections 152, 503, and 504 of this title, repealing section 510 of this title, and enacting provisions set out as a note under section 152 of this title] may be cited as the 'Communications Act Amendments of 1978'."

 

Short Title of 1976 Amendment

Pub. L. 94–309, §1, June 5, 1976, 90 Stat. 683 , provided: "That this Act [enacting section 392a of this title and amending sections 390, 391, 392, 395, 397, and 399 of this title] may be cited as the 'Educational Broadcasting Facilities and Telecommunications Demonstration Act of 1976'."

 

Short Title of 1975 Amendment

Pub. L. 94–192, §1, Dec. 31, 1975, 89 Stat. 1099 , provided: "That this Act [amending sections 396 and 397 of this title] may be cited as the 'Public Broadcasting Financing Act of 1975'."

 

Short Title of 1971 Amendment

Pub. L. 92–131, §1, Sept. 30, 1971, 85 Stat. 363 , provided that: "This Act [amending section 410 of this title] may be cited as the 'Federal-State Communications Joint Board Act'."

 

Short Title of 1970 Amendment

Pub. L. 91–437, §1, Oct. 7, 1970, 84 Stat. 888 , provided: "That this Act [amending section 396 of this title] may be cited as the 'Public Broadcasting Financing Act of 1970'."

 

Short Title of 1969 Amendment

Pub. L. 91–97, §1, Oct. 27, 1969, 83 Stat. 146 , provided: "That this Act [amending sections 391 and 396 of this title] may be cited as the 'Educational Television and Radio Amendments of 1969'."

 

Short Title of 1967 Amendment

Pub. L. 90–129, §1, Nov. 7, 1967, 81 Stat. 365 , provided: "That this Act [enacting sections 396, 398, and 399 of this title, amending sections 390 to 395 and 397 of this title, and enacting provisions set out as notes under sections 390 and 392 of this title] may be cited as the 'Public Broadcasting Act of 1967'."

 

Short Title of 1960 Amendment

Pub. L. 86–752, §1, Sept. 13, 1960, 74 Stat. 889 , provided that: "This Act [enacting sections 508 and 509 of this title, amending sections 154, 307, 309, 311, 312, 313, 317, 319, 405, 503, and 504 of this title, and enacting provisions set out as notes under sections 309 and 405 of this title] may be cited as the 'Communications Act Amendments, 1960'."

 

Short Title of 1952 Amendment

Act July 16, 1952, ch. 879, §1, 66 Stat. 711 , provided that: "This Act [enacting section 1343 of Title 18, Crimes and Criminal Procedure, amending sections 153 to 155, 307 to 312, 315, 316, 319, 402, 405, 409, and 410 of this title, and enacting provisions set out as notes under section 153 of this title] may be cited as the 'Communications Act Amendments, 1952'."

 

§610. Telephone service for disabled

(a) Establishment of regulations

The Commission shall establish such regulations as are necessary to ensure reasonable access to telephone service by persons with impaired hearing.

(b) Hearing aid compatibility requirements

(1) Except as provided in paragraphs (2) and (3) and subsection (c), the Commission shall require that customer premises equipment described in this paragraph provide internal means for effective use with hearing aids that are designed to be compatible with telephones which meet established technical standards for hearing aid compatibility. Customer premises equipment described in this paragraph are the following:

(A) All essential telephones.

(B) All telephones manufactured in the United States (other than for export) more than one year after August 16, 1988, or imported for use in the United States more than one year after such date.

(C) All customer premises equipment used with advanced communications services that is designed to provide 2-way voice communication via a built-in speaker intended to be held to the ear in a manner functionally equivalent to a telephone, subject to the regulations prescribed by the Commission under subsection (e).

(2)(A) The regulations prescribed by the Commission under paragraph (1) shall exempt from the requirements established pursuant to subparagraphs (B) and (C) of paragraph (1) only-

(i) telephones used with public mobile services;

(ii) telephones used with private radio services; and

(iii) secure telephones.

(B) The Commission shall periodically assess the appropriateness of continuing in effect the exemptions for telephones and other customer premises equipment described in subparagraph (A) of this paragraph. The Commission shall revoke or otherwise limit any such exemption if the Commission determines that-

(i) such revocation or limitation is in the public interest;

(ii) continuation of the exemption without such revocation or limitation would have an adverse effect on hearing-impaired individuals;

(iii) compliance with the requirements of subparagraph (B) or (C) of paragraph (1) is technologically feasible for the telephones to which the exemption applies; and

(iv) compliance with the requirements of subparagraph (B) or (C) of paragraph (1) would not increase costs to such an extent that the telephones to which the exemption applies could not be successfully marketed.

(3) The Commission may, upon the application of any interested person, initiate a proceeding to waive the requirements of paragraph (1)(B) of this subsection with respect to new telephones, or telephones associated with a new technology or service. The Commission shall not grant such a waiver unless the Commission determines, on the basis of evidence in the record of such proceeding, that such telephones, or such technology or service, are in the public interest, and that (A) compliance with the requirements of paragraph (1)(B) is technologically infeasible, or (B) compliance with such requirements would increase the costs of the telephones, or of the technology or service, to such an extent that such telephones, technology, or service could not be successfully marketed. In any proceeding under this paragraph to grant a waiver from the requirements of paragraph (1)(B), the Commission shall consider the effect on hearing-impaired individuals of granting the waiver. The Commission shall periodically review and determine the continuing need for any waiver granted pursuant to this paragraph.

(4) For purposes of this subsection-

(A) the term "essential telephones" means only coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids;

(B) the term "telephones used with public mobile services" means telephones and other customer premises equipment used in whole or in part with air-to-ground radiotelephone services, cellular radio telecommunications services, offshore radio, rural radio service, public land mobile telephone service, or other common carrier radio communication services covered by title 47 of the Code of Federal Regulations, or any functionally equivalent unlicensed wireless services;

(C) the term "telephones used with private radio services" means telephones and other customer premises equipment used in whole or in part with private land mobile radio services and other communications services characterized by the Commission in its rules as private radio services; and

(D) the term "secure telephones" means telephones that are approved by the United States Government for the transmission of classified or sensitive voice communications.

(c) Technical standards

The Commission shall establish or approve such technical standards as are required to enforce this section. A telephone or other customer premises equipment that is compliant with relevant technical standards developed through a public participation process and in consultation with interested consumer stakeholders (designated by the Commission for the purposes of this section) will be considered hearing aid compatible for purposes of this section, until such time as the Commission may determine otherwise. The Commission shall consult with the public, including people with hearing loss, in establishing or approving such technical standards. The Commission may delegate this authority to an employee pursuant to section 155(c) of this title. The Commission shall remain the final arbiter as to whether the standards meet the requirements of this section.

(d) Labeling of packaging materials for equipment

The Commission shall establish such requirements for the labeling of packaging materials for equipment as are needed to provide adequate information to consumers on the compatibility between telephones and hearing aids.

(e) Costs and benefits; encouragement of use of currently available technology

In any rulemaking to implement the provisions of this section, the Commission shall specifically consider the costs and benefits to all telephone users, including persons with and without hearing loss. The Commission shall ensure that regulations adopted to implement this section encourage the use of currently available technology and do not discourage or impair the development of improved technology. In implementing the provisions of subsection (b)(1)(C), the Commission shall use appropriate timetables or benchmarks to the extent necessary (1) due to technical feasibility, or (2) to ensure the marketability or availability of new technologies to users.

(f) Periodic review of regulations; retrofitting

The Commission shall periodically review the regulations established pursuant to this section. Except for coin-operated telephones and telephones provided for emergency use, the Commission may not require the retrofitting of equipment to achieve the purposes of this section.

(g) Recovery of reasonable and prudent costs

Any common carrier or connecting carrier may provide specialized terminal equipment needed by persons whose hearing, speech, vision, or mobility is impaired. The State commission may allow the carrier to recover in its tariffs for regulated service reasonable and prudent costs not charged directly to users of such equipment.

(h) Rule of construction

Nothing in the Twenty-First Century Communications and Video Accessibility Act of 2010 shall be construed to modify the Commission's regulations set forth in section 20.19 of title 47 of the Code of Federal Regulations, as in effect on October 8, 2010.

(June 19, 1934, ch. 652, title VII, §710, formerly title VI, §610, as added Pub. L. 97–410, §3, Jan. 3, 1983, 96 Stat. 2043 ; renumbered title VII, §710, Pub. L. 98–549, §6(a), Oct. 30, 1984, 98 Stat. 2804 ; amended Pub. L. 100–394, §3, Aug. 16, 1988, 102 Stat. 976 ; Pub. L. 103–414, title III, §304(a)(16), Oct. 25, 1994, 108 Stat. 4297 ; Pub. L. 111–260, title I, §102, Oct. 8, 2010, 124 Stat. 2753 .)

Editorial Notes

References in Text

The Twenty-First Century Communications and Video Accessibility Act of 2010, referred to in subsec. (h), is Pub. L. 111–260, Oct. 8, 2010, 124 Stat. 2751 , which enacted sections 615c and 616 to 620 of this title, amended sections 153, 225, 303, 330, 402, 503, 610, and 613 of this title, and enacted provisions set out as notes under sections 153, 303, 609, 613, and 619 of this title. For complete classification of this Act to the Code, see Short Title of 2010 Amendment note set out under section 609 of this title and Tables.

 

Amendments

2010-Subsec. (b)(1). Pub. L. 111–260, §102(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows:

"(1) Except as provided in paragraphs (2) and (3), the Commission shall require that-

"(A) all essential telephones, and

"(B) all telephones manufactured in the United States (other than for export) more than one year after August 16, 1988, or imported for use in the United States more than one year after August 16, 1988,

provide internal means for effective use with hearing aids that are designed to be compatible with telephones which meet established technical standards for hearing aid compatibility."

 

Subsec. (b)(2)(A). Pub. L. 111–260, §102(a)(2)(A)(i)(I), in introductory provisions, struck out "initial" before "regulations" and "of this subsection after August 16, 1988," before "shall exempt" and substituted "subparagraphs (B) and (C) of paragraph (1)" for "paragraph (1)(B) of this subsection".

 

Subsec. (b)(2)(A)(ii) to (iv). Pub. L. 111–260, §102(a)(2)(A)(i)(II)–(IV), inserted "and" at the end of clause (ii), redesignated cl. (iv) as (iii), and struck out former cl. (iii) which read as follows: "cordless telephones; and".

 

Subsec. (b)(2)(B), (C). Pub. L. 111–260, §102(a)(2)(A)(ii), (iii), redesignated subpar. (C) as (B), substituted "The Commission shall periodically assess the appropriateness of continuing in effect the exemptions for telephones and other customer premises equipment described in subparagraph (A) of this paragraph." for "The Commission shall periodically assess the appropriateness of continuing in effect the exemptions provided by such regulations for telephones used with public mobile services and telephones used with private radio services." in introductory provisions, substituted "subparagraph (B) or (C) of paragraph (1)" for "paragraph (1)(B)" in cls. (iii) and (iv), and struck out former subpar. (B) which read as follows: "The exemption provided by such regulations for cordless telephones shall not apply with respect to cordless telephones manufactured or imported more than three years after August 16, 1988."

 

Subsec. (b)(4)(B). Pub. L. 111–260, §102(a)(2)(B), substituted "telephones used with public mobile" for "public mobile", inserted "telephones and other customer premises equipment used in whole or in part with" after "means", substituted "or other common carrier" for "and other common carrier", struck out "part 22 of" before "title 47 of the Code of Federal Regulations", and inserted before semicolon at end ", or any functionally equivalent unlicensed wireless services".

 

Subsec. (b)(4)(C). Pub. L. 111–260, §102(a)(2)(C), substituted "term 'telephones used with private radio services' " for "term 'private radio services' " and inserted "telephones and other customer premises equipment used in whole or in part with" after "means".

 

Subsec. (c). Pub. L. 111–260, §102(b), inserted at end: "A telephone or other customer premises equipment that is compliant with relevant technical standards developed through a public participation process and in consultation with interested consumer stakeholders (designated by the Commission for the purposes of this section) will be considered hearing aid compatible for purposes of this section, until such time as the Commission may determine otherwise. The Commission shall consult with the public, including people with hearing loss, in establishing or approving such technical standards. The Commission may delegate this authority to an employee pursuant to section 155(c) of this title. The Commission shall remain the final arbiter as to whether the standards meet the requirements of this section."

 

Subsec. (e). Pub. L. 111–260, §102(c), substituted "loss" for "impairments" and inserted at end "In implementing the provisions of subsection (b)(1)(C), the Commission shall use appropriate timetables or benchmarks to the extent necessary (1) due to technical feasibility, or (2) to ensure the marketability or availability of new technologies to users."

 

Subsec. (h). Pub. L. 111–260, §102(d), amended subsec. (h) generally. Prior to amendment, subsec. (h) related to State enforcement.

 

1994-Subsec. (f). Pub. L. 103–414 substituted "The Commission" for "The Commission shall complete rulemaking actions required by this section and issue specific and detailed rules and regulations resulting therefrom within one year after January 3, 1983. The Commission shall complete rulemaking actions required to implement the amendments made by the Hearing Aid Compatibility Act of 1988 within nine months after August 16, 1988. Thereafter, the Commission".

 

1988-Subsec. (b). Pub. L. 100–394, §3(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The Commission shall require that essential telephones provide internal means for effective use with hearing aids that are specially designed for telephone use. For purposes of this subsection, the term 'essential telephones' means only coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids."

 

Subsec. (f). Pub. L. 100–394, §3(b), substituted "The Commission shall complete rulemaking actions required to implement the amendments made by the Hearing Aid Compatibility Act of 1988 within nine months after August 16, 1988. Thereafter, the Commission shall periodically review the regulations established pursuant to this section." for "Thereafter the Commission shall periodically review such rules and regulations."

 

Statutory Notes and Related Subsidiaries

Congressional Findings for 1988 Amendment

Pub. L. 100–394, §2, Aug. 16, 1988, 102 Stat. 976 , provided that: "The Congress finds that-

 

"(1) to the fullest extent made possible by technology and medical science, hearing-impaired persons should have equal access to the national telecommunications network;

"(2) present technology provides effective coupling of telephones to hearing aids used by some severely hearing-impaired persons for communicating by voice telephone;

"(3) anticipated improvements in both telephone and hearing aid technologies promise greater access in the future; and

"(4) universal telephone service for hearing-impaired persons will lead to greater employment opportunities and increased productivity."

 

Congressional Findings

Pub. L. 97–410, §2, Jan. 3, 1983, 96 Stat. 2043 , provided that: "The Congress finds that-

"(1) all persons should have available the best telephone service which is technologically and economically feasible;

"(2) currently available technology is capable of providing telephone service to some individuals who, because of hearing impairments, require telephone reception by means of hearing aids with induction coils, or other inductive receptors;

"(3) the lack of technical standards ensuring compatibility between hearing aids and telephones has prevented receipt of the best telephone service which is technologically and economically feasible; and

"(4) adoption of technical standards is required in order to ensure compatibility between telephones and hearing aids, thereby accommodating the needs of individuals with hearing impairments."

 

§611. Closed-captioning of public service announcements

Any television public service announcement that is produced or funded in whole or in part by any agency or instrumentality of Federal Government shall include closed captioning of the verbal content of such announcement. A television broadcast station licensee-

(1) shall not be required to supply closed captioning for any such announcement that fails to include it; and

(2) shall not be liable for broadcasting any such announcement without transmitting a closed caption unless the licensee intentionally fails to transmit the closed caption that was included with the announcement.

(June 19, 1934, ch. 652, title VII, §711, as added Pub. L. 98–549, §8, Oct. 30, 1984, 98 Stat. 2804 ; amended Pub. L. 101–336, title IV, §402, July 26, 1990, 104 Stat. 369 .)

Editorial Notes

Amendments

1990-Pub. L. 101–336 amended section generally, substituting provisions relating to closed-captioning of public service announcements for provisions relating to establishment, functions, composition, etc., of Telecommunications Policy Study Commission.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.

 

For more information, see here:  https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section609&num=0&edition=prelim

 

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