U.S. Code » Title 47 » Chapter CHAPTER 5— WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER II— COMMON CARRIERS › Part Part I— Common Carrier Regulation

47 U.S.C. § 211

Contracts of carriers; filing with Commission

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(a) Every carrier subject to this chapter shall file with the Commission copies of all contracts, agreements, or arrangements with other carriers, or with common carriers not subject to the provisions of this chapter, in relation to any traffic affected by the provisions of this chapter to which it may be a party.(b) The Commission shall have authority to require the filing of any other contracts of any carrier, and shall also have authority to exempt any carrier from submitting copies of such minor contracts as the Commission may determine.(June 19, 1934, ch. 652, title II, § 211, 48 Stat. 1073.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Notes of Decisions
Cited in 12 cases, 1974–2003 · leading case: Worldcom, Inc. v. Graphnet, Inc., 343 F.3d 651 (3d Cir. 2003).
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Worldcom, Inc. v. Graphnet, Inc., 343 F.3d 651 (3d Cir. 2003). · cites it 2× “” 47 U.S.C. § 211 (a) (emphasis added). The district court held that since the contracts at issue were not filed with the FCC, Worldcom had violated the FCA.”
Advamtel, LLC v. at & T Corp., 118 F. Supp. 2d 680 (E.D. Va. 2000). · cites it 3× “22 To be sure, 47 U.S.C. § 211 permits some private contracting between carriers, 23 but it does not abrogate the filed-rate doctrine or the requirements of Section 203(c), which prohibit carriers from altering, by contract, rates which they announce in their filed tariffs.”
MCI Telecomm. Corp. v. Fed. Commc'ns Comm'n & United States of Am., Am. Tel. & Tel. Co., Intervenors, 842 F.2d 1296 (D.C. Cir. 1988). · cites it 2× “If it becomes necessary in the future, we have sufficient authority under Section 211 of the Communications Act, 47 U.S.C. § 211 , to require the submission of the shared facilities agreements and any other agreements between the carriers.”
Nordlicht v. New York Tel. Co., 617 F. Supp. 220 (S.D.N.Y. 1985). “In addition, the type of contract under which defendant provides this billing service for the Canadian telephone company must be filed with the Federal Communications Commission (“FCC”) pursuant to 47 U.S.C. § 211 , see also 47 C.F.R. § 43 .”
Mincron SBC Corp. v. Worldcom, Inc., 994 S.W.2d 785 (Tex. App. 1999). “47 U.S.C. § 211 (a). The filed rate doctrine’s principle of non-discrimination is advanced by this requirement because the filed contract tariffs become public information and the carrier offering such terms is bound by them in negotiating with other customers.”
ADVAMTEL, LLC v. Sprint Commc'ns Co., 105 F. Supp. 2d 476 (E.D. Va. 2000). “See 47 U.S.C. § 211 . No such contracts are in issue here; plaintiffs’ claims rest solely on published tariffs.”
Sw. Bell Tel. Co. v. Fed. Commc'ns Comm'n, 19 F.3d 1475 (D.C. Cir. 1994). · cites it 4× “” 47 U.S.C. § 211 (b). It gives the Commission the power to require the filing of contracts for private service offerings in order to protect the integrity of common carrier regulation under the Act.”
Cable & Wireless P.L.C. v. Fed. Commc'ns Comm'n, 166 F.3d 1224 (D.C. Cir. 1999). “” 47 U.S.C. § 211 (a). For all contracts filed with the FCC, it is well-established that “the Commission has the power to prescribe a change in contract rates when it finds them to be unlawful and to modify other provisions of private contracts when necessary to serve the public…”
Bell Tel. Co. v. Fed. Commc'ns Comm'n, 503 F.2d 1250 (3d Cir. 1974). “47 U.S.C. § 211 (a). While § 201(b) speaks only of contracts between a regulated and a non-regulated carrier, section 211(a) goes beyond that limited class.”
United Tel. Co. of Carolinas, Inc. v. Fed. Commc'ns Comm'n, 559 F.2d 720 (D.C. Cir. 1977). “See also Communications Act of 1934, § 211, 47 U.S.C. § 211 (1970) (carriers subject to Act must file copies of all contracts with other carriers with FCC).”
MCI Telecomm. Corp. v. Fed. Commc'ns Comm'n, 712 F.2d 517 (D.C. Cir. 1983). “AT & T, on the other hand, argues that the only statutory requirement governing intercarrier rate agreements is that they be filed with the FCC, 47 U.S.C. § 211 (a) (1976), and that there exists no affirmative requirement that agreed rates be shown, like unilateral…”
Worldcom Inc v. Graphnet Inc (3d Cir. 2003). · cites it 2× “” 47 U.S.C. § 211 (a) (emphasis added). The district court held that since the contracts at issue were not filed with the FCC, Worldcom had violated the FCA.”
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