---
kind: "range"
citation: "47 U.S.C. §§ 201–205"
title: "47"
from: "201"
to: "205"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/47/201..205"
---

# §201. Service and charges

- (a) It shall be the duty of every [common carrier](/usc/47/153.md?p=11) engaged in interstate or [foreign communication](/usc/47/153.md?p=21) by wire or radio to furnish such communication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases where the Commission, after opportunity for hearing, finds such action necessary or desirable in the public interest, to establish physical connections with other [carriers](/usc/47/153.md?p=11), to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes.
- (b) All charges, practices, classifications, and regulations for and in connection with such communication service, shall be just and reasonable, and any such charge, practice, classification, or regulation that is unjust or unreasonable is declared to be unlawful: Provided, That communications by wire or radio subject to this chapter may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government, and such other classes as the Commission may decide to be just and reasonable, and different charges may be made for the different classes of communications: Provided further, That nothing in this chapter or in any other provision of law shall be construed to prevent a [common carrier](/usc/47/153.md?p=11) subject to this chapter from entering into or operating under any contract with any [common carrier](/usc/47/153.md?p=11) not subject to this chapter, for the exchange of their services, if the Commission is of the opinion that such contract is not contrary to the public interest: Provided further, That nothing in this chapter or in any other provision of law shall prevent a [common carrier](/usc/47/153.md?p=11) subject to this chapter from furnishing reports of positions of [ships](/usc/47/153.md?p=46-A) at sea to newspapers of general circulation, either at a nominal charge or without charge, provided the name of such [common carrier](/usc/47/153.md?p=11) is displayed along with such [ship](/usc/47/153.md?p=46-A) position reports. The Commission may prescribe such rules and regulations as may be necessary in the public interest to carry out the provisions of this chapter.

# §202. Discriminations and preferences

- (a) **Charges, services, etc.** It shall be unlawful for any [common carrier](/usc/47/153.md?p=11) to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular [person](/usc/47/153.md?p=39), class of [persons](/usc/47/153.md?p=39), or locality, or to subject any particular [person](/usc/47/153.md?p=39), class of [persons](/usc/47/153.md?p=39), or locality to any undue or unreasonable prejudice or disadvantage.
- (b) **Charges or services included—** Charges or services, whenever referred to in this chapter, include charges for, or services in connection with, the use of [common carrier](/usc/47/153.md?p=11) lines of communication, whether derived from wire or radio facilities, in [chain broadcasting](/usc/47/153.md?p=10) or incidental to [radio communication](/usc/47/153.md?p=40) of any kind.
- (c) **Penalty—** Any [carrier](/usc/47/153.md?p=11) who knowingly violates the provisions of this section shall forfeit to the [United States](/usc/47/153.md?p=58) the sum of $6,000 for each such offense and $300 for each and every day of the continuance of such offense.

# §203. Schedules of charges

- (a) **Filing; public display—** Every [common carrier](/usc/47/153.md?p=11), except [connecting carriers](/usc/47/153.md?p=12), shall, within such reasonable time as the Commission shall designate, file with the Commission and print and keep open for public inspection schedules showing all charges for itself and its [connecting carriers](/usc/47/153.md?p=12) for interstate and foreign wire or [radio communication](/usc/47/153.md?p=40) between the different points on its own system, and between points on its own system and points on the system of its [connecting carriers](/usc/47/153.md?p=12) or points on the system of any other [carrier](/usc/47/153.md?p=11) subject to this chapter when a through route has been established, whether such charges are joint or separate, and showing the classifications, practices, and regulations affecting such charges. Such schedules shall contain such other information, and be printed in such form, and be posted and kept open for public inspection in such places, as the Commission may by regulation require, and each such schedule shall give notice of its effective date; and such [common carrier](/usc/47/153.md?p=11) shall furnish such schedules to each of its [connecting carriers](/usc/47/153.md?p=12), and such [connecting carriers](/usc/47/153.md?p=12) shall keep such schedules open for inspection in such public places as the Commission may require.
- (b) **Changes in schedule; discretion of Commission to modify requirements—**
  - (1) No change shall be made in the charges, classifications, regulations, or practices which have been so filed and published except after one hundred and twenty days notice to the Commission and to the public, which shall be published in such form and contain such information as the Commission may by regulations prescribe.
  - (2) The Commission may, in its discretion and for good cause shown, modify any requirement made by or under the authority of this section either in particular instances or by general order applicable to special circumstances or conditions except that the Commission may not require the notice period specified in [paragraph (1)](#b-1) to be more than one hundred and twenty days.
- (c) **Overcharges and rebates—** No [carrier](/usc/47/153.md?p=11), unless otherwise provided by or under authority of this chapter, shall engage or participate in such communication unless schedules have been filed and published in accordance with the provisions of this chapter and with the regulations made thereunder; and no [carrier](/usc/47/153.md?p=11) shall (1) charge, demand, collect, or receive a greater or less or different compensation for such communication, or for any service in connection therewith, between the points named in any such schedule than the charges specified in the schedule then in effect, or (2) refund or remit by any means or device any portion of the charges so specified, or (3) extend to any [person](/usc/47/153.md?p=39) any privileges or facilities in such communication, or employ or enforce any classifications, regulations, or practices affecting such charges, except as specified in such schedule.
- (d) **Rejection or refusal—** The Commission may reject and refuse to file any schedule entered for filing which does not provide and give lawful notice of its effective date. Any schedule so rejected by the Commission shall be void and its use shall be unlawful.
- (e) **Penalty for violations—** In case of failure or refusal on the part of any [carrier](/usc/47/153.md?p=11) to comply with the provisions of this section or of any regulation or order made by the Commission thereunder, such [carrier](/usc/47/153.md?p=11) shall forfeit to the [United States](/usc/47/153.md?p=58) the sum of $6,000 for each such offense, and $300 for each and every day of the continuance of such offense.

# §204. Hearings on new charges; suspension pending hearing; refunds; duration of hearing; appeal of order concluding hearing

- (a)
  - (1) Whenever there is filed with the Commission any new or revised charge, classification, regulation, or practice, the Commission may either upon complaint or upon its own initiative without complaint, upon reasonable notice, enter upon a hearing concerning the lawfulness thereof; and pending such hearing and the decision thereon the Commission, upon delivering to the [carrier](/usc/47/153.md?p=11) or [carriers](/usc/47/153.md?p=11) affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such charge, classification, regulation, or practice, in whole or in part but not for a longer period than five months beyond the time when it would otherwise go into effect; and after full hearing the Commission may make such order with reference thereto as would be proper in a proceeding initiated after such charge, classification, regulation, or practice had become effective. If the proceeding has not been concluded and an order made within the period of the suspension, the proposed new or revised charge, classification, regulation, or practice shall go into effect at the end of such period; but in case of a proposed charge for a new service or a revised charge, the Commission may by order require the interested [carrier](/usc/47/153.md?p=11) or [carriers](/usc/47/153.md?p=11) to keep accurate account of all amounts received by reason of such charge for a new service or revised charge, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require the interested [carrier](/usc/47/153.md?p=11) or [carriers](/usc/47/153.md?p=11) to refund, with interest, to the [persons](/usc/47/153.md?p=39) in whose behalf such amounts were paid, such portion of such charge for a new service or revised charges as by its decision shall be found not justified. At any hearing involving a new or revised charge, or a proposed new or revised charge, the burden of proof to show that the new or revised charge, or proposed charge, is just and reasonable shall be upon the [carrier](/usc/47/153.md?p=11), and the Commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible.
  - (2)
    - (A) Except as provided in [subparagraph (B)](#a-2-B), the Commission shall, with respect to any hearing under this section, issue an order concluding such hearing within 5 months after the date that the charge, classification, regulation, or practice subject to the hearing becomes effective.
    - (B) The Commission shall, with respect to any such hearing initiated prior to November 3, 1988, issue an order concluding the hearing not later than 12 months after November 3, 1988.
    - (C) Any order concluding a hearing under this section shall be a final order and may be appealed under [section 402(a) of this title](/usc/47/402.md?p=a).
  - (3) A [local exchange carrier](/usc/47/153.md?p=32) may file with the Commission a new or revised charge, classification, regulation, or practice on a streamlined basis. Any such charge, classification, regulation, or practice shall be deemed lawful and shall be effective 7 days (in the case of a reduction in rates) or 15 days (in the case of an increase in rates) after the date on which it is filed with the Commission unless the Commission takes action under [paragraph (1)](#a-1) before the end of that 7-day or 15-day period, as is appropriate.
- (b) Notwithstanding the provisions of [subsection (a)](#a) of this section, the Commission may allow part of a charge, classification, regulation, or practice to go into effect, based upon a written showing by the [carrier](/usc/47/153.md?p=11) or [carriers](/usc/47/153.md?p=11) affected, and an opportunity for written comment thereon by affected [persons](/usc/47/153.md?p=39), that such partial authorization is just, fair, and reasonable. Additionally, or in combination with a partial authorization, the Commission, upon a similar showing, may allow all or part of a charge, classification, regulation, or practice to go into effect on a temporary basis pending further order of the Commission. Authorizations of temporary new or increased charges may include an accounting order of the type provided for in [subsection (a)](#a).

# §205. Commission authorized to prescribe just and reasonable charges; penalties for violations

- (a) Whenever, after full opportunity for hearing, upon a complaint or under an order for investigation and hearing made by the Commission on its own initiative, the Commission shall be of opinion that any charge, classification, regulation, or practice of any [carrier](/usc/47/153.md?p=11) or [carriers](/usc/47/153.md?p=11) is or will be in violation of any of the provisions of this chapter, the Commission is authorized and empowered to determine and prescribe what will be the just and reasonable charge or the maximum or minimum, or maximum and minimum, charge or charges to be thereafter observed, and what classification, regulation, or practice is or will be just, fair, and reasonable, to be thereafter followed, and to make an order that the [carrier](/usc/47/153.md?p=11) or [carriers](/usc/47/153.md?p=11) shall cease and desist from such violation to the extent that the Commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any charge other than the charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed.
- (b) Any [carrier](/usc/47/153.md?p=11), any officer, representative, or agent of a [carrier](/usc/47/153.md?p=11), or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of this section shall forfeit to the [United States](/usc/47/153.md?p=58) the sum of $12,000 for each offense. Every distinct violation shall be a separate offense, and in case of continuing violation each day shall be deemed a separate offense.