47 U.S. Code § 151 - Purposes of chapter; Federal Communications Commission created

For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the “ Federal Communications Commission ”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.

(June 19, 1934, ch. 652, title I, § 1, 48 Stat. 1064; May 20, 1937, ch. 229, § 1, 50 Stat. 189; Pub. L. 104–104, title I, § 104, Feb. 8, 1996 , 110 Stat. 86.)

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 is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Amendments Extension of Internet Tax Freedom Act

“Sections 1101(a) and 1104(a)(2)(A) of the Internet Tax Freedom Act (title XI of division C of Public Law 105–277; 47 U.S.C. 151 note) shall be applied by substituting ‘ October 1, 2016 ’ for ‘ October 1, 2015 ’.”

Moratorium on Internet Taxes “SEC. 1100. SHORT TITLE.

“This title may be cited as the ‘Internet Tax Freedom Act’.

“SEC. 1101. MORATORIUM. “(a) Moratorium.— No “(1) Taxes on Internet access. Multiple or discriminatory taxes on electronic commerce. “(b) Preservation of State and Local Taxing Authority.—

Except as provided in this section, nothing in this title shall be construed to modify, impair, or supersede, or authorize the modification, impairment, or superseding of, any Oct. 21, 1998 ].

“(c) Liabilities and Pending Cases.—

Nothing in this title affects liability for taxes accrued and enforced before the date of enactment of this Act, nor does this title affect ongoing litigation relating to such taxes.

“(d) Exception to Moratorium.— “(1) In general.— Subsection (a) shall also not apply in the case of any “(A)

by requiring use of a credit card, debit account, adult access code, or adult personal identification number;

by accepting a digital certificate that verifies age; or by any other reasonable measures that are feasible under available technology. “(2) Scope of exception.— For purposes of paragraph (1), a “(A)

similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another “(3) Definitions.— In this subsection:

“(A) By means of the world wide web.—

The term ‘by means of the World Wide Web’ means by placement of material in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol, file transfer protocol, or other similar protocols.

“(B) Commercial purposes; engaged in the business.— “(i) Commercial purposes.— The term ‘engaged in the business’ means that the “(C) Internet.— The term ‘Internet’ means collectively the myriad of computer and “(D) Internet access service.—

The term ‘Internet access service’ means a service that enables users to access content, information, electronic mail, or other services offered over the Internet and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. The term ‘Internet access service’ does not include “(E) Internet information location tool.—

The term ‘Internet information location tool’ means a service that refers or links users to an online location on the World Wide Web. Such term includes directories, indices, references, pointers, and hypertext links.

“(F) Material that is harmful to minors.— The term ‘material that is harmful to minors’ means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that—

the average “(ii)

depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and

taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. The term ‘minor’ means any “(H) Telecommunications carrier; telecommunications service.— “(e) Additional Exception to Moratorium.— “(1) In general.—

Subsection (a) shall also not apply with respect to an Internet access provider, unless, at the time of entering into an agreement with a customer for the provision of Internet access services, such provider offers such customer (either for a fee or at no charge) screening software that is designed to permit the customer to limit access to material on the Internet that is harmful to minors.

“(2) Definitions.— In this subsection: “(A) Internet access provider.— The term ‘Internet access provider’ means a “(B) Internet access services.—

The term ‘Internet access services’ means the provision of computer and communications services through which a customer using a computer and a modem or other communications device may obtain access to the Internet, but does not include “(C) Screening software.—

The term ‘screening software’ means software that is designed to permit a “(3) Applicability.—

Paragraph (1) shall apply to agreements for the provision of Internet access services entered into on or after the date that is 6 months after the date of enactment of this Act [ Oct. 21, 1998 ].

“SEC. 1102. ADVISORY COMMISSION ON ELECTRONIC COMMERCE. “(a) Establishment of Commission.— There is established a “(1)

be composed of 19 members appointed in accordance with subsection (b), including the chairperson who shall be selected by the members of the “(2)

conduct its business in accordance with the provisions of this title. “(b) Membership.— “(1) In general.— The Commissioners shall serve for the life of the “(A)

3 representatives from the Federal Government, comprised of the Secretary of Commerce , the Secretary of the Treasury, and the “(B)