---
kind: "section"
citation: "47 U.S.C. § 274"
title: "47"
title_heading: "Telecommunications"
number: "274"
heading: "Electronic publishing by Bell operating companies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/274"
units:
  - "Chapter 5 — Wire or Radio Communication"
  - "Subchapter II — Common Carriers"
  - "Part III — Special Provisions Concerning Bell Operating Companies"
---

# §274. Electronic publishing by Bell operating companies

- (a) **Limitations—** No [Bell operating company](/usc/47/153.md?p=5) or any [affiliate](/usc/47/153.md?p=2) may engage in the provision of electronic publishing that is disseminated by means of such [Bell operating company](/usc/47/153.md?p=5)’s or any of its [affiliates](/usc/47/153.md?p=2)’ basic telephone service, except that nothing in this section shall prohibit a separated [affiliate](/usc/47/153.md?p=2) or electronic publishing joint venture operated in accordance with this section from engaging in the provision of electronic publishing.
- (b) **Separated affiliate or electronic publishing joint venture requirements—** A separated [affiliate](/usc/47/153.md?p=2) or electronic publishing joint venture shall be operated independently from the [Bell operating company](/usc/47/153.md?p=5). Such separated [affiliate](/usc/47/153.md?p=2) or joint venture and the [Bell operating company](/usc/47/153.md?p=5) with which it is affiliated shall—
  - (1) maintain separate books, records, and accounts and prepare separate financial statements;
  - (2) not incur debt in a manner that would permit a creditor of the separated [affiliate](/usc/47/153.md?p=2) or joint venture upon default to have recourse to the assets of the [Bell operating company](/usc/47/153.md?p=5);
  - (3) carry out transactions (A) in a manner consistent with such independence, (B) pursuant to written contracts or tariffs that are filed with the Commission and made publicly available, and (C) in a manner that is auditable in accordance with generally accepted auditing standards;
  - (4) value any assets that are transferred directly or indirectly from the [Bell operating company](/usc/47/153.md?p=5) to a separated [affiliate](/usc/47/153.md?p=2) or joint venture, and record any transactions by which such assets are transferred, in accordance with such regulations as may be prescribed by the Commission or a [State commission](/usc/47/153.md?p=48) to prevent improper cross subsidies;
  - (5) between a separated [affiliate](/usc/47/153.md?p=2) and a [Bell operating company](/usc/47/153.md?p=5)—
    - (A) have no officers, directors, and employees in common after the effective date of this section; and
    - (B) [own](/usc/47/153.md?p=2) no property in common;
  - (6) not use for the marketing of any product or service of the separated [affiliate](/usc/47/153.md?p=2) or joint venture, the name, trademarks, or service marks of an existing [Bell operating company](/usc/47/153.md?p=5) except for names, trademarks, or service marks that are owned by the entity that [owns](/usc/47/153.md?p=2) or controls the [Bell operating company](/usc/47/153.md?p=5);
  - (7) not permit the [Bell operating company](/usc/47/153.md?p=5)—
    - (A) to perform hiring or training of personnel on behalf of a separated [affiliate](/usc/47/153.md?p=2);
    - (B) to perform the purchasing, installation, or maintenance of equipment on behalf of a separated [affiliate](/usc/47/153.md?p=2), except for telephone service that it provides under tariff or contract subject to the provisions of this section; or
    - (C) to perform research and development on behalf of a separated [affiliate](/usc/47/153.md?p=2);
  - (8) each have performed annually a compliance review—
    - (A) that is conducted by an independent entity for the purpose of determining compliance during the preceding calendar year with any provision of this section; and
    - (B) the results of which are maintained by the separated [affiliate](/usc/47/153.md?p=2) or joint venture and the [Bell operating company](/usc/47/153.md?p=5) for a period of 5 years subject to review by any lawful authority; and
  - (9) within 90 days of receiving a review described in [paragraph (8)](#b-8), file a report of any exceptions and corrective action with the Commission and allow any [person](/usc/47/153.md?p=39) to inspect and copy such report subject to reasonable safeguards to protect any proprietary information contained in such report from being used for purposes other than to enforce or pursue remedies under this section.
- (c) **Joint marketing—**
  - (1) **In general—** Except as provided in [paragraph (2)](#c-2)—
    - (A) a [Bell operating company](/usc/47/153.md?p=5) shall not carry out any promotion, marketing, sales, or advertising for or in conjunction with a separated [affiliate](/usc/47/153.md?p=2); and
    - (B) a [Bell operating company](/usc/47/153.md?p=5) shall not carry out any promotion, marketing, sales, or advertising for or in conjunction with an [affiliate](/usc/47/153.md?p=2) that is related to the provision of electronic publishing.
  - (2) **Permissible joint activities—**
    - (A) **Joint telemarketing—** A [Bell operating company](/usc/47/153.md?p=5) may provide inbound telemarketing or referral services related to the provision of electronic publishing for a separated [affiliate](/usc/47/153.md?p=2), electronic publishing joint venture, [affiliate](/usc/47/153.md?p=2), or unaffiliated electronic publisher: Provided, That if such services are provided to a separated [affiliate](/usc/47/153.md?p=2), electronic publishing joint venture, or [affiliate](/usc/47/153.md?p=2), such services shall be made available to all electronic publishers on request, on nondiscriminatory terms.
    - (B) **Teaming arrangements—** A [Bell operating company](/usc/47/153.md?p=5) may engage in nondiscriminatory teaming or business arrangements to engage in electronic publishing with any separated [affiliate](/usc/47/153.md?p=2) or with any other electronic publisher if (i) the [Bell operating company](/usc/47/153.md?p=5) only provides facilities, services, and basic telephone service information as authorized by this section, and (ii) the [Bell operating company](/usc/47/153.md?p=5) does not [own](/usc/47/153.md?p=2) such teaming or business arrangement.
    - (C) **Electronic publishing joint ventures—** A [Bell operating company](/usc/47/153.md?p=5) or [affiliate](/usc/47/153.md?p=2) may participate on a nonexclusive basis in electronic publishing joint ventures with entities that are not a [Bell operating company](/usc/47/153.md?p=5), [affiliate](/usc/47/153.md?p=2), or separated [affiliate](/usc/47/153.md?p=2) to provide electronic publishing services, if the [Bell operating company](/usc/47/153.md?p=5) or [affiliate](/usc/47/153.md?p=2) has not more than a 50 percent direct or indirect equity interest (or the equivalent thereof) or the right to more than 50 percent of the gross revenues under a revenue sharing or royalty agreement in any electronic publishing joint venture. Officers and employees of a [Bell operating company](/usc/47/153.md?p=5) or [affiliate](/usc/47/153.md?p=2) participating in an electronic publishing joint venture may not have more than 50 percent of the voting control over the electronic publishing joint venture. In the case of joint ventures with small, local electronic publishers, the Commission for good cause shown may authorize the [Bell operating company](/usc/47/153.md?p=5) or [affiliate](/usc/47/153.md?p=2) to have a larger equity interest, revenue share, or voting control but not to exceed 80 percent. A [Bell operating company](/usc/47/153.md?p=5) participating in an electronic publishing joint venture may provide promotion, marketing, sales, or advertising personnel and services to such joint venture.
- (d) **Bell operating company requirement—** A [Bell operating company](/usc/47/153.md?p=5) under common ownership or control with a separated [affiliate](/usc/47/153.md?p=2) or electronic publishing joint venture shall provide network access and [interconnections](/usc/47/397.md?p=3) for basic telephone service to electronic publishers at just and reasonable rates that are tariffed (so long as rates for such services are subject to regulation) and that are not higher on a per-unit basis than those charged for such services to any other electronic publisher or any separated [affiliate](/usc/47/153.md?p=2) engaged in electronic publishing.
- (e) **Private right of action—**
  - (1) **Damages—** Any [person](/usc/47/153.md?p=39) claiming that any act or practice of any [Bell operating company](/usc/47/153.md?p=5), [affiliate](/usc/47/153.md?p=2), or separated [affiliate](/usc/47/153.md?p=2) constitutes a violation of this section may file a complaint with the Commission or bring suit as provided in [section 207 of this title](/usc/47/207.md), and such [Bell operating company](/usc/47/153.md?p=5), [affiliate](/usc/47/153.md?p=2), or separated [affiliate](/usc/47/153.md?p=2) shall be liable as provided in [section 206 of this title](/usc/47/206.md); except that damages may not be awarded for a violation that is discovered by a compliance review as required by [subsection (b)(7)](#b-7) of this section and corrected within 90 days.
  - (2) **Cease and desist orders—** In addition to the provisions of [paragraph (1)](#e-1), any [person](/usc/47/153.md?p=39) claiming that any act or practice of any [Bell operating company](/usc/47/153.md?p=5), [affiliate](/usc/47/153.md?p=2), or separated [affiliate](/usc/47/153.md?p=2) constitutes a violation of this section may make application to the Commission for an order to cease and desist such violation or may make application in any district court of the [United States](/usc/47/153.md?p=58) of competent jurisdiction for an order enjoining such acts or practices or for an order compelling compliance with such requirement.
- (f) **Separated affiliate reporting requirement—** Any separated [affiliate](/usc/47/153.md?p=2) under this section shall file with the Commission annual reports in a form substantially equivalent to the Form 10–K required by regulations of the Securities and Exchange Commission.
- (g) **Effective dates—**
  - (1) **Transition—** Any electronic publishing service being offered to the public by a [Bell operating company](/usc/47/153.md?p=5) or [affiliate](/usc/47/153.md?p=2) on February 8, 1996, shall have one year from February 8, 1996, to comply with the requirements of this section.
  - (2) **Sunset—** The provisions of this section shall not apply to conduct occurring after 4 years after February 8, 1996.
- (h) **“Electronic publishing” defined—**
  - (1) **In general—** The term “electronic publishing” means the dissemination, provision, publication, or sale to an unaffiliated entity or [person](/usc/47/153.md?p=39), of any one or more of the following: news (including sports); entertainment (other than interactive games); business, financial, legal, consumer, or credit materials; editorials, columns, or features; advertising; photos or images; archival or research material; legal notices or public records; scientific, educational, instructional, technical, professional, trade, or other literary materials; or other like or similar information.
  - (2) **Exceptions—** The term “electronic publishing” shall not include the following services:
    - (A) Information access, as that term is defined by the [AT&T Consent Decree](/usc/47/153.md?p=4).
    - (B) The transmission of information as a [common carrier](/usc/47/153.md?p=11).
    - (C) The transmission of information as part of a gateway to an [information service](/usc/47/153.md?p=24) that does not involve the generation or alteration of the content of information, including data transmission, address translation, protocol conversion, billing management, introductory information content, and navigational systems that enable users to access electronic publishing services, which do not affect the presentation of such electronic publishing services to users.
    - (D) Voice storage and retrieval services, including voice messaging and electronic mail services.
    - (E) Data processing or transaction processing services that do not involve the generation or alteration of the content of information.
    - (F) Electronic billing or advertising of a [Bell operating company](/usc/47/153.md?p=5)’s regulated [telecommunications services](/usc/47/153.md?p=53).
    - (G) Language translation or data format conversion.
    - (H) The provision of information necessary for the management, control, or operation of a telephone company [telecommunications](/usc/47/153.md?p=50) system.
    - (I) The provision of directory assistance that provides names, addresses, and telephone numbers and does not include advertising.
    - (J) Caller identification services.
    - (K) Repair and provisioning databases and credit card and billing validation for telephone company operations.
    - (L) 911–E and other emergency assistance databases.
    - (M) Any other network service of a type that is like or similar to these network services and that does not involve the generation or alteration of the content of information.
    - (N) Any upgrades to these network services that do not involve the generation or alteration of the content of information.
    - (O) Video programming or full motion video entertainment on demand.
- (i) **Additional definitions—** As used in this section—
  - (1) The term “[affiliate](/usc/47/153.md?p=2)” means any entity that, directly or indirectly, [owns](/usc/47/153.md?p=2) or controls, is owned or controlled by, or is under common ownership or control with, a [Bell operating company](/usc/47/153.md?p=5). Such term shall not include a separated [affiliate](/usc/47/153.md?p=2).
  - (2) The term “basic telephone service” means any wireline [telephone exchange service](/usc/47/153.md?p=54), or wireline [telephone exchange service](/usc/47/153.md?p=54) facility, provided by a [Bell operating company](/usc/47/153.md?p=5) in a telephone exchange area, except that such term does not include—
    - (A) a competitive wireline [telephone exchange service](/usc/47/153.md?p=54) provided in a telephone exchange area where another entity provides a wireline [telephone exchange service](/usc/47/153.md?p=54) that was provided on January 1, 1984, or
    - (B) a commercial [mobile service](/usc/47/153.md?p=33).
  - (3) The term “basic telephone service information” means network and customer information of a [Bell operating company](/usc/47/153.md?p=5) and other information acquired by a [Bell operating company](/usc/47/153.md?p=5) as a result of its engaging in the provision of basic telephone service.
  - (4) The term “control” has the meaning that it has in 17 C.F.R. 240.12b–2, the regulations promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ([15 U.S.C. 78a](/usc/15/78a.md) et seq.) or any successor provision to such section.
  - (5) The term “electronic publishing joint venture” means a joint venture owned by a [Bell operating company](/usc/47/153.md?p=5) or [affiliate](/usc/47/153.md?p=2) that engages in the provision of electronic publishing which is disseminated by means of such [Bell operating company](/usc/47/153.md?p=5)’s or any of its [affiliates](/usc/47/153.md?p=2)’ basic telephone service.
  - (6) The term “entity” means any organization, and includes [corporations](/usc/47/153.md?p=15), partnerships, sole proprietorships, associations, and joint ventures.
  - (7) The term “inbound telemarketing” means the marketing of property, goods, or services by telephone to a customer or potential customer who initiated the call.
  - (8) The term “[own](/usc/47/153.md?p=2)” with respect to an entity means to have a direct or indirect equity interest (or the equivalent thereof) of more than 10 percent of an entity, or the right to more than 10 percent of the gross revenues of an entity under a revenue sharing or royalty agreement.
  - (9) The term “separated [affiliate](/usc/47/153.md?p=2)” means a [corporation](/usc/47/153.md?p=15) under common ownership or control with a [Bell operating company](/usc/47/153.md?p=5) that does not [own](/usc/47/153.md?p=2) or control a [Bell operating company](/usc/47/153.md?p=5) and is not owned or controlled by a [Bell operating company](/usc/47/153.md?p=5) and that engages in the provision of electronic publishing which is disseminated by means of such [Bell operating company](/usc/47/153.md?p=5)’s or any of its [affiliates](/usc/47/153.md?p=2)’ basic telephone service.
  - (10) The term “[Bell operating company](/usc/47/153.md?p=5)” has the meaning provided in [section 153 of this title](/usc/47/153.md), except that such term includes any entity or [corporation](/usc/47/153.md?p=15) that is owned or controlled by such a company (as so defined) but does not include an electronic publishing joint venture owned by such an entity or [corporation](/usc/47/153.md?p=15).

## Source credit

(June 19, 1934, ch. 652, title II, § 274, as added Pub. L. 104–104, title I, § 151(a), Feb. 8, 1996, 110 Stat. 100.)

## Notes

### Editorial Notes

### References in Text

The Securities Exchange Act of 1934, referred to in subsec. (i)(4), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables.