47 U.S.C. § 221

Consolidations and mergers of telephone companies

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(a) Repealed. Pub. L. 104–104, title VI, § 601(b)(2), Feb. 8, 1996, 110 Stat. 143(b) State jurisdiction over services

Subject to the provisions of sections 225 and 301 of this title, nothing in this chapter shall be construed to apply, or to give the Commission jurisdiction, with respect to charges, classifications, practices, services, facilities, or regulations for or in connection with wire, mobile, or point-to-point radio telephone exchange service, or any combination thereof, even though a portion of such exchange service constitutes interstate or foreign communication, in any case where such matters are subject to regulation by a State commission or by local governmental authority.

For the purpose of administering this chapter as to carriers engaged in wire telephone communication, the Commission may classify the property of any such carrier used for wire telephone communication, and determine what property of said carrier shall be considered as used in interstate or foreign telephone toll service. Such classification shall be made after hearing, upon notice to the carrier, the State commission (or the Governor, if the State has no State commission) of any State in which the property of said carrier is located, and such other persons as the Commission may prescribe.

(d) Valuation of property

In making a valuation of the property of any wire telephone carrier the Commission, after making the classification authorized in this section, may in its discretion value only that part of the property of such carrier determined to be used in interstate or foreign telephone toll service.

(June 19, 1934, ch. 652, title II, § 221, 48 Stat. 1080; Apr. 27, 1954, ch. 175, § 4, 68 Stat. 64; Aug. 2, 1956, ch. 874, § 3, 70 Stat. 932; Pub. L. 101–336, title IV, § 401(b)(2), July 26, 1990, 104 Stat. 369; Pub. L. 104–104, title VI, § 601(b)(2), Feb. 8, 1996, 110 Stat. 143.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (b) and (c), 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.

Amendments

1996—Subsec. (a). Pub. L. 104–104 struck out subsec. (a) relating to notification of State Governor and State commission, public hearing, and certification.

1990—Subsec. (b). Pub. L. 101–336 substituted “sections 225 and 301” for “section 301”.

1956—Subsec. (a). Act Aug. 2, 1956, inserted provisions relating to submission of comments by parties and required a public hearing upon request, in lieu of former provisions requiring hearing upon application.

1954—Subsec. (b). Act Apr. 27, 1954, included mobile or point-to-point radio telephone exchange service within exclusions provided for in such subsection, where it is subject to regulation by a State commission or by local governmental authority, and made it clear that the Commission retains its licensing authority over the radio stations that might be involved in such service.

Notes of Decisions

Cited in 81 cases (1 in the last 5 years), 1944–2023 · leading case: Int'l Tel. & Tel. Corp. v. Gen. Tel. & Elec. Corp. & Hawaiian Tel. Co., 518 F.2d 913 (9th Cir. 1975).

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Int'l Tel. & Tel. Corp. v. Gen. Tel. & Elec. Corp. & Hawaiian Tel. Co., 518 F.2d 913 (9th Cir. 1975). · cites it 6× “There is, therefore, no justification for automatic exclusion of all Bell’s purchases in computing the market share of GTE’s manufacturing subsidiary, Automatic Electric Co.”

New England Tel. & Tel. Co. v. Pub. Utils. Comm'n, 448 A.2d 272 (Me. 1982). · cites it 3× “” 47 U.S.C. § 221 (c) (1976). 24 This classification *298 is to be made only after a hearing and upon notice to the carrier and the regulatory commission of any state where the carrier’s property is located.”

Direct Commc'ns Cedar Valley, LLC v. Fed. Commc'ns Comm'n, 753 F.3d 1015 (10th Cir. 2014). · cites it 2× “(internal quotation marks omitted; citing 47 U.S.C. §§ 221 (c), 410(c)). To begin with, Section 221(c) of the Act authorizes the FCC to “classify the property” of any “carriers engaged in wire telephone communication” in order to “determine what property of said carrier shall be…”

Essential Commc'ns Sys., Inc. v. Am. Tel. & Tel. Co., W. Elec. Co. & New Jersey Bell Tel. Co., 610 F.2d 1114 (3rd Cir. 1979). · cites it 3× “27 (1921) (current version at 47 U.S.C. § 221 (1976)). That statute authorized the ICC to approve the consolidation of properties of telephone companies into single companies if such consolidation is “of advantage to the persons to whom service is to be rendered and in the…”

United States v. Philadelphia Nat'l Bank, 374 U.S. 321 (1963). · cites it 2× “§ 1384 ; Federal Communications Act, 47 U. S. C. §§ 221 (a), 222 (c) (1); Interstate Commerce Act, 49 U.”

Louisiana Pub. Serv. Comm'n v. FCC, 476 U.S. 355 (1986). “47 U. S. C. §§ 221 (c), 410(c). Because the separations process literally separates costs such as taxes and operating expenses between interstate and intrastate service, it facilitates the creation or recognition of distinct spheres of regulation.”

At&T Commc'ns of Pac. Nw., Inc. v. City of Eugene, 35 P.3d 1029 (Or. Ct. App. 2001). · cites it 2× “Similarly, 47 USC § 221 (b) declares that “nothing in this chapter shall be construed to apply, or to give the Commission jurisdiction, with respect to charges, classifications, practices, services, facilities, or regulations for or in connection with wire, mobile, or…”

MCI Commc'ns Corp. & MCI Telecomm. Corp. v. Am. Tel. & Tel. Co., 708 F.2d 1081 (7th Cir. 1983). “27 (1921) (current version at 47 U.S.C. § 221 (a) (1976)). The statute granted express immunity from the antitrust laws for such consolidations.”

Litton Sys., Inc. v. Am. Tel. & Tel. Co., 487 F. Supp. 942 (S.D.N.Y. 1980). · cites it 3× “47 U.S.C. § 221 (a) (1970). No such express immunity is claimed in this case.”

Stand. Oil Co. v. Fed. Trade Comm'n, 340 U.S. 231 (1951). · cites it 2× “§ 5 ; Communications Act of 1934, § 221, 47 U. S. C. § 221 ; Miller-Tydings Act, 15 U.”

United States v. E. I. Du Pont De Nemours & Co., 351 U.S. 377 (1956). “Combination of strong competitors in some major instances has been encouraged: Federal Communications Act, 47 U. S. C. §§ 221 (a), 222 (c) (1) (1952); Federal Power Act, 16 U.”

Telstar Commc'ns, Inc. v. Rule Radiophone Serv., Inc., 621 P.2d 241 (Wyo. 1980). · cites it 2× “" [5] 47 U.S.C. § 221 (b): "(b) Subject to the provisions of section 301 of this title, nothing in this chapter shall be construed to apply, or to give the Commission jurisdiction, with respect to charges, classifications, practices, services, facilities, or regulations for or…”

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