---
kind: "range"
citation: "47 U.S.C. §§ 223–227"
title: "47"
from: "223"
to: "227"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/47/223..227"
---

# §223. Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications

- (a) **Prohibited acts generally—** Whoever—
  - (1) in interstate or [foreign communications](/usc/47/153.md?p=21)—
    - (A) by means of a [telecommunications device](#i-1) knowingly—
      - (i) makes, creates, or solicits, and
      - (ii) initiates the transmission of,

      any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, with intent to abuse, threaten, or harass another [person](/usc/47/153.md?p=39);

    - (B) by means of a [telecommunications device](#i-1) knowingly—
      - (i) makes, creates, or solicits, and
      - (ii) initiates the transmission of,

      any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication;

    - (C) makes a telephone call or utilizes a [telecommunications device](#i-1), whether or not conversation or communication ensues, without disclosing his identity and with intent to abuse, threaten, or harass any specific [person](/usc/47/153.md?p=39);
    - (D) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any [person](/usc/47/153.md?p=39) at the called number; or
    - (E) makes repeated telephone calls or repeatedly initiates communication with a [telecommunications device](#i-1), during which conversation or communication ensues, solely to harass any specific [person](/usc/47/153.md?p=39); or
  - (2) knowingly permits any [telecommunications](/usc/47/153.md?p=50) facility under his control to be used for any activity prohibited by [paragraph (1)](#a-1) with the intent that it be used for such activity,

  shall be fined under [title 18](/usc/18.md) or imprisoned not more than two years, or both.

- (b) **Prohibited acts for commercial purposes; defense to prosecution—**
  - (1) Whoever knowingly—
    - (A) within the [United States](/usc/47/153.md?p=58), by means of telephone, makes (directly or by recording device) any obscene communication for commercial purposes to any [person](/usc/47/153.md?p=39), regardless of whether the maker of such communication placed the call; or
    - (B) permits any telephone facility under such [person](/usc/47/153.md?p=39)’s control to be used for an activity prohibited by [subparagraph (A)](#b-1-A),

    shall be fined in accordance with [title 18](/usc/18.md) or imprisoned not more than two years, or both.

  - (2) Whoever knowingly—
    - (A) within the [United States](/usc/47/153.md?p=58), by means of telephone, makes (directly or by recording device) any indecent communication for commercial purposes which is available to any [person](/usc/47/153.md?p=39) under 18 years of age or to any other [person](/usc/47/153.md?p=39) without that [person](/usc/47/153.md?p=39)’s consent, regardless of whether the maker of such communication placed the call; or
    - (B) permits any telephone facility under such [person](/usc/47/153.md?p=39)’s control to be used for an activity prohibited by [subparagraph (A)](#b-2-A), shall be fined not more than $50,000 or imprisoned not more than six months, or both.
  - (3) It is a defense to prosecution under paragraph (2) of this subsection that the defendant restricted access to the prohibited communication to [persons](/usc/47/153.md?p=39) 18 years of age or older in accordance with [subsection (c)](#c) of this section and with such procedures as the Commission may prescribe by regulation.
  - (4) In addition to the penalties under [paragraph (1)](#b-1), whoever, within the [United States](/usc/47/153.md?p=58), intentionally violates paragraph [(1)](#b-1) or [(2)](#b-2) shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.
  - (5)
    - (A) In addition to the penalties under paragraphs [(1)](#b-1), [(2)](#b-2), and [(5)](#b-5), whoever, within the [United States](/usc/47/153.md?p=58), violates paragraph [(1)](#b-1) or [(2)](#b-2) shall be subject to a civil fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.
    - (B) A fine under this paragraph may be assessed either—
      - (i) by a court, pursuant to civil action by the Commission or any attorney employed by the Commission who is designated by the Commission for such purposes, or
      - (ii) by the Commission after appropriate administrative proceedings.
  - (6) The Attorney General may bring a suit in the appropriate district court of the [United States](/usc/47/153.md?p=58) to enjoin any act or practice which violates paragraph [(1)](#b-1) or [(2)](#b-2). An injunction may be granted in accordance with the Federal Rules of Civil Procedure.
- (c) **Restriction on access to subscribers by common carriers; judicial remedies respecting restrictions—**
  - (1) A [common carrier](/usc/47/153.md?p=11) within the District of Columbia or within any [State](/usc/47/153.md?p=47), or in interstate or foreign commerce, shall not, to the extent technically feasible, provide access to a communication specified in [subsection (b)](#b) from the telephone of any [subscriber](/usc/47/340.md?p=i-1) who has not previously requested in writing the [carrier](/usc/47/153.md?p=11) to provide access to such communication if the [carrier](/usc/47/153.md?p=11) collects from [subscribers](/usc/47/340.md?p=i-1) an identifiable charge for such communication that the [carrier](/usc/47/153.md?p=11) remits, in whole or in part, to the provider of such communication.
  - (2) Except as provided in [paragraph (3)](#c-3), no cause of action may be brought in any court or administrative agency against any [common carrier](/usc/47/153.md?p=11), or any of its [affiliates](/usc/47/273.md?p=d-8-A), including their officers, directors, employees, agents, or authorized representatives on account of—
    - (A) any action which the [carrier](/usc/47/153.md?p=11) demonstrates was taken in good faith to restrict access pursuant to paragraph (1) of this subsection; or
    - (B) any access permitted—
      - (i) in good faith reliance upon the lack of any representation by a provider of communications that communications provided by that provider are communications specified in [subsection (b)](#b), or
      - (ii) because a specific representation by the provider did not allow the [carrier](/usc/47/153.md?p=11), acting in good faith, a sufficient period to restrict access to communications described in [subsection (b)](#b).
  - (3) Notwithstanding paragraph (2) of this subsection, a provider of communications services to which [subscribers](/usc/47/340.md?p=i-1) are denied access pursuant to paragraph (1) of this subsection may bring an action for a declaratory judgment or similar action in a court. Any such action shall be limited to the question of whether the communications which the provider seeks to provide fall within the category of communications to which the [carrier](/usc/47/153.md?p=11) will provide access only to [subscribers](/usc/47/340.md?p=i-1) who have previously requested such access.
- (d) **Sending or displaying offensive material to persons under 18—** Whoever—
  - (1) in interstate or [foreign communications](/usc/47/153.md?p=21) knowingly—
    - (A) uses an [interactive computer service](#h-1-D) to send to a specific [person](/usc/47/153.md?p=39) or [persons](/usc/47/153.md?p=39) under 18 years of age, or
    - (B) uses any [interactive computer service](#h-1-D) to display in a manner available to a [person](/usc/47/153.md?p=39) under 18 years of age,

    any comment, request, suggestion, proposal, image, or other communication that is obscene or child pornography, regardless of whether the user of such service placed the call or initiated the communication; or

  - (2) knowingly permits any [telecommunications](/usc/47/153.md?p=50) facility under such [person](/usc/47/153.md?p=39)’s control to be used for an activity prohibited by [paragraph (1)](#d-1) with the intent that it be used for such activity,

  shall be fined under [title 18](/usc/18.md) or imprisoned not more than two years, or both.

- (e) **Defenses—** In addition to any other defenses available by law:
  - (1) No [person](/usc/47/153.md?p=39) shall be held to have violated subsection [(a)](#a), [(d)](#d), or [(h)](#h) solely for providing access or connection to or from a facility, system, or network not under that [person](/usc/47/153.md?p=39)’s control, including transmission, downloading, intermediate storage, [access software](#i-3), or other related capabilities that are incidental to providing such access or connection that does not include the creation of the content of the communication.
  - (2) The defenses provided by paragraph (1) of this subsection shall not be applicable to a [person](/usc/47/153.md?p=39) who is a conspirator with an entity actively involved in the creation or knowing distribution of communications that violate this section, or who knowingly advertises the availability of such communications.
  - (3) The defenses provided in paragraph (1) of this subsection shall not be applicable to a [person](/usc/47/153.md?p=39) who provides access or connection to a facility, system, or network engaged in the violation of this section that is owned or controlled by such [person](/usc/47/153.md?p=39).
  - (4) No employer shall be held liable under this section for the actions of an employee or agent unless the employee’s or agent’s conduct is within the scope of his or her employment or agency and the employer (A) having knowledge of such conduct, authorizes or ratifies such conduct, or (B) recklessly disregards such conduct.
  - (5) It is a defense to a prosecution under subsection [(a)(1)(B)](#a-1-B) or (d), or under [subsection (a)(2)](#a-2) with respect to the use of a facility for an activity under [subsection (a)(1)(B)](#a-1-B) that a [person](/usc/47/153.md?p=39)—
    - (A) has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by minors to a communication specified in such subsections, which may involve any appropriate measures to restrict minors from such communications, including any method which is feasible under available technology; or
    - (B) has restricted access to such communication by requiring use of a verified credit card, debit account, adult access code, or adult personal identification number.
  - (6) The Commission may describe measures which are reasonable, effective, and appropriate to restrict access to prohibited communications under [subsection (d)](#d). Nothing in this section authorizes the Commission to enforce, or is intended to provide the Commission with the authority to approve, sanction, or permit, the use of such measures. The Commission shall have no enforcement authority over the failure to utilize such measures. The Commission shall not endorse specific products relating to such measures. The use of such measures shall be admitted as evidence of good faith efforts for purposes of [paragraph (5)](#e-5) in any action arising under [subsection (d)](#d). Nothing in this section shall be construed to treat [interactive computer services](#h-1-D) as [common carriers](/usc/47/153.md?p=11) or [telecommunications carriers](/usc/47/153.md?p=51).
- (f) **Violations of law required; commercial entities, nonprofit libraries, or institutions of higher education—**
  - (1) No cause of action may be brought in any court or administrative agency against any [person](/usc/47/153.md?p=39) on account of any activity that is not in violation of any law punishable by criminal or civil penalty, and that the [person](/usc/47/153.md?p=39) has taken in good faith to implement a defense authorized under this section or otherwise to restrict or prevent the transmission of, or access to, a communication specified in this section.
  - (2) No [State](/usc/47/153.md?p=47) or local government may impose any liability for commercial activities or actions by commercial entities, nonprofit [libraries](#i-5), or institutions of higher education in connection with an activity or action described in subsection [(a)(2)](#a-2) or (d) that is inconsistent with the treatment of those activities or actions under this section: Provided, however, That nothing herein shall preclude any [State](/usc/47/153.md?p=47) or local government from enacting and enforcing complementary oversight, liability, and regulatory systems, procedures, and requirements, so long as such systems, procedures, and requirements govern only intrastate services and do not result in the imposition of inconsistent rights, duties or obligations on the provision of interstate services. Nothing in this subsection shall preclude any [State](/usc/47/153.md?p=47) or local government from governing conduct not covered by this section.
- (g) **Application and enforcement of other Federal law—** Nothing in subsection [(a)](#a), [(d)](#d), [(e)](#e), or [(f)](#f) or in the defenses to prosecution under subsection [(a)](#a) or [(d)](#d) shall be construed to affect or limit the application or enforcement of any other Federal law.
- (h) **Intentional disclosure of nonconsensual intimate visual depictions—**
  - (1) **Definitions—** In this subsection:
    - (A) **Consent—** The term “consent” means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.
    - (B) **Digital forgery—** The term “digital forgery” means any [intimate visual depiction](#h-1-E) of an [identifiable individual](#h-1-C) created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable [person](/usc/47/153.md?p=39), is indistinguishable from an authentic visual depiction of the individual.
    - (C) **Identifiable individual—** The term “identifiable individual” means an individual—
      - (i) who appears in whole or in part in an [intimate visual depiction](#h-1-E); and
      - (ii) whose face, likeness, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed in connection with such [intimate visual depiction](#h-1-E).
    - (D) **Interactive computer service—** The term “interactive computer service” has the meaning given the term in [section 230 of this title](/usc/47/230.md).
    - (E) **Intimate visual depiction—** The term “intimate visual depiction” has the meaning given such term in [section 6851 of title 15](/usc/15/6851.md).
    - (F) **Minor—** The term “minor” means any individual under the age of 18 years.
  - (2) **Offense involving authentic intimate visual depictions—**
    - (A) **Involving adults—** Except as provided in [subparagraph (C)](#h-2-C), it shall be unlawful for any [person](/usc/47/153.md?p=39), in interstate or foreign commerce, to use an [interactive computer service](#h-1-D) to knowingly publish an [intimate visual depiction](#h-1-E) of an [identifiable individual](#h-1-C) who is not a [minor](#h-1-F) if—
      - (i) the [intimate visual depiction](#h-1-E) was obtained or created under circumstances in which the [person](/usc/47/153.md?p=39) knew or reasonably should have known the [identifiable individual](#h-1-C) had a reasonable expectation of privacy;
      - (ii) what is depicted was not voluntarily exposed by the [identifiable individual](#h-1-C) in a public or commercial setting;
      - (iii) what is depicted is not a matter of public concern; and
      - (iv) publication of the [intimate visual depiction](#h-1-E)—
        - (I) is intended to cause harm; or
        - (II) causes harm, including psychological, financial, or reputational harm, to the [identifiable individual](#h-1-C).
    - (B) **Involving minors—** Except as provided in [subparagraph (C)](#h-2-C), it shall be unlawful for any [person](/usc/47/153.md?p=39), in interstate or foreign commerce, to use an [interactive computer service](#h-1-D) to knowingly publish an [intimate visual depiction](#h-1-E) of an [identifiable individual](#h-1-C) who is a [minor](#h-1-F) with intent to—
      - (i) abuse, humiliate, harass, or degrade the [minor](#h-1-F); or
      - (ii) arouse or gratify the sexual desire of any [person](/usc/47/153.md?p=39).
    - (C) **Exceptions—** Subparagraphs [(A)](#h-2-A) and [(B)](#h-2-B) shall not apply to—
      - (i) a lawfully authorized investigative, protective, or intelligence activity of—
        - (I) a law enforcement agency of the [United States](/usc/47/153.md?p=58), a [State](/usc/47/153.md?p=47), or a political subdivision of a [State](/usc/47/153.md?p=47); or
        - (II) an intelligence agency of the [United States](/usc/47/153.md?p=58);
      - (ii) a disclosure made reasonably and in good faith—
        - (I) to a law enforcement officer or agency;
        - (II) as part of a document production or filing associated with a legal proceeding;
        - (III) as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose;
        - (IV) in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or
        - (V) to seek support or help with respect to the receipt of an unsolicited [intimate visual depiction](#h-1-E);
      - (iii) a disclosure reasonably intended to assist the [identifiable individual](#h-1-C);
      - (iv) a [person](/usc/47/153.md?p=39) who possesses or publishes an [intimate visual depiction](#h-1-E) of himself or herself engaged in nudity or sexually explicit conduct (as that term is defined in [section 2256(2)(A) of title 18](/usc/18/2256.md?p=2-A)); or
      - (v) the publication of an [intimate visual depiction](#h-1-E) that constitutes—
        - (I) child pornography (as that term is defined in [section 2256 of title 18](/usc/18/2256.md)); or
        - (II) a visual depiction described in subsection (a) or (b) of [section 1466A of title 18](/usc/18/1466A.md) (relating to obscene visual representations of the sexual abuse of children).
  - (3) **Offense involving digital forgeries—**
    - (A) **Involving adults—** Except as provided in [subparagraph (C)](#h-3-C), it shall be unlawful for any [person](/usc/47/153.md?p=39), in interstate or foreign commerce, to use an [interactive computer service](#h-1-D) to knowingly publish a [digital forgery](#h-1-B) of an [identifiable individual](#h-1-C) who is not a [minor](#h-1-F) if—
      - (i) the [digital forgery](#h-1-B) was published without the [consent](#h-1-A) of the [identifiable individual](#h-1-C);
      - (ii) what is depicted was not voluntarily exposed by the [identifiable individual](#h-1-C) in a public or commercial setting;
      - (iii) what is depicted is not a matter of public concern; and
      - (iv) publication of the [digital forgery](#h-1-B)—
        - (I) is intended to cause harm; or
        - (II) causes harm, including psychological, financial, or reputational harm, to the [identifiable individual](#h-1-C).
    - (B) **Involving minors—** Except as provided in [subparagraph (C)](#h-3-C), it shall be unlawful for any [person](/usc/47/153.md?p=39), in interstate or foreign commerce, to use an [interactive computer service](#h-1-D) to knowingly publish a [digital forgery](#h-1-B) of an [identifiable individual](#h-1-C) who is a [minor](#h-1-F) with intent to—
      - (i) abuse, humiliate, harass, or degrade the [minor](#h-1-F); or
      - (ii) arouse or gratify the sexual desire of any [person](/usc/47/153.md?p=39).
    - (C) **Exceptions—** Subparagraphs [(A)](#h-3-A) and [(B)](#h-3-B) shall not apply to—
      - (i) a lawfully authorized investigative, protective, or intelligence activity of—
        - (I) a law enforcement agency of the [United States](/usc/47/153.md?p=58), a [State](/usc/47/153.md?p=47), or a political subdivision of a [State](/usc/47/153.md?p=47); or
        - (II) an intelligence agency of the [United States](/usc/47/153.md?p=58);
      - (ii) a disclosure made reasonably and in good faith—
        - (I) to a law enforcement officer or agency;
        - (II) as part of a document production or filing associated with a legal proceeding;
        - (III) as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose;
        - (IV) in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or
        - (V) to seek support or help with respect to the receipt of an unsolicited [intimate visual depiction](#h-1-E);
      - (iii) a disclosure reasonably intended to assist the [identifiable individual](#h-1-C);
      - (iv) a [person](/usc/47/153.md?p=39) who possesses or publishes a [digital forgery](#h-1-B) of himself or herself engaged in nudity or sexually explicit conduct (as that term is defined in [section 2256(2)(A) of title 18](/usc/18/2256.md?p=2-A)); or
      - (v) the publication of an [intimate visual depiction](#h-1-E) that constitutes—
        - (I) child pornography (as that term is defined in [section 2256 of title 18](/usc/18/2256.md)); or
        - (II) a visual depiction described in subsection (a) or (b) of [section 1466A of title 18](/usc/18/1466A.md) (relating to obscene visual representations of the sexual abuse of children).
  - (4) **Penalties—**
    - (A) **Offenses involving adults—** Any [person](/usc/47/153.md?p=39) who violates paragraph [(2)(A)](#h-2-A) or [(3)(A)](#h-3-A) shall be fined under [title 18](/usc/18.md), imprisoned not more than 2 years, or both.
    - (B) **Offenses involving minors—** Any [person](/usc/47/153.md?p=39) who violates paragraph [(2)(B)](#h-2-B) or [(3)(B)](#h-3-B) shall be fined under [title 18](/usc/18.md), imprisoned not more than 3 years, or both.
  - (5) **Rules of construction—** For purposes of paragraphs [(2)](#h-2) and [(3)](#h-3)—
    - (A) the fact that the [identifiable individual](#h-1-C) provided [consent](#h-1-A) for the creation of the [intimate visual depiction](#h-1-E) shall not establish that the individual provided [consent](#h-1-A) for the publication of the [intimate visual depiction](#h-1-E); and
    - (B) the fact that the [identifiable individual](#h-1-C) disclosed the [intimate visual depiction](#h-1-E) to another individual shall not establish that the [identifiable individual](#h-1-C) provided [consent](#h-1-A) for the publication of the [intimate visual depiction](#h-1-E) by the [person](/usc/47/153.md?p=39) alleged to have violated paragraph [(2)](#h-2) or [(3)](#h-3), respectively.
  - (6) **Threats—**
    - (A) **Threats involving authentic intimate visual depictions—** Any [person](/usc/47/153.md?p=39) who intentionally threatens to commit an offense under [paragraph (2)](#h-2) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be punished as provided in [paragraph (4)](#h-4).
    - (B) **Threats involving digital forgeries—**
      - (i) **Threats involving adults—** Any [person](/usc/47/153.md?p=39) who intentionally threatens to commit an offense under [paragraph (3)(A)](#h-3-A) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be fined under [title 18](/usc/18.md), imprisoned not more than 18 months, or both.
      - (ii) **Threats involving minors—** Any [person](/usc/47/153.md?p=39) who intentionally threatens to commit an offense under [paragraph (3)(B)](#h-3-B) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be fined under [title 18](/usc/18.md), imprisoned not more than 30 months, or both.
  - (7) **Forfeiture—**
    - (A) **In general—** The court, in imposing a sentence on any [person](/usc/47/153.md?p=39) convicted of a violation of paragraph [(2)](#h-2) or [(3)](#h-3), shall order, in addition to any other sentence imposed and irrespective of any provision of [State](/usc/47/153.md?p=47) law, that the [person](/usc/47/153.md?p=39) forfeit to the [United States](/usc/47/153.md?p=58)—
      - (i) any material distributed in violation of that paragraph;
      - (ii) the [person](/usc/47/153.md?p=39)’s interest in property, real or personal, constituting or derived from any gross proceeds of the violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of the violation; and
      - (iii) any personal property of the [person](/usc/47/153.md?p=39) used, or intended to be used, in any manner or part, to commit or to facilitate the commission of the violation.
    - (B) **Procedures—** [Section 853 of title 21](/usc/21/853.md), with the exception of subsections [(a)](#a) and [(d)](#d), shall apply to the criminal forfeiture of property under [subparagraph (A)](#h-7-A).
  - (8) **Restitution—** The court shall order restitution for an offense under paragraph [(2)](#h-2) or [(3)](#h-3) in the same manner as under [section 2264 of title 18](/usc/18/2264.md).
  - (9) **Rule of construction—** Nothing in this subsection shall be construed to limit the application of any other relevant law, including [section 2252 of title 18](/usc/18/2252.md).
- (i) **Definitions—** For purposes of this section—
  - (1) The use of the term “telecommunications device” in this section—
    - (A) shall not impose new obligations on [broadcasting station](/usc/47/153.md?p=6) [licensees](/usc/47/153.md?p=30) and [cable operators](/usc/47/551.md?p=a-2-C) covered by obscenity and indecency provisions elsewhere in this chapter;
    - (B) does not include an [interactive computer service](#h-1-D); and
    - (C) in the case of [subparagraph (C)](#a-1-C) of subsection (a)(1), includes any device or software that can be used to originate [telecommunications](/usc/47/153.md?p=50) or other types of communications that are transmitted, in whole or in part, by the Internet (as such term is defined in section 1104[^1] of the Internet Tax Freedom Act ([47 U.S.C. 151](/usc/47/151.md) note)).
  - (2) The term “[interactive computer service](#h-1-D)” has the meaning provided in [section 230(f)(2) of this title](/usc/47/230.md?p=f-2).
  - (3) The term “access software” means software (including client or server software) or enabling tools that do not create or provide the content of the communication but that allow a user to do any one or more of the following:
    - (A) filter, screen, allow, or disallow content;
    - (B) pick, choose, analyze, or digest content; or
    - (C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.
  - (4) The term “institution of higher education” has the meaning provided in [section 1001 of title 20](/usc/20/1001.md).
  - (5) The term “library” means a library eligible for participation in [State](/usc/47/153.md?p=47)-based plans for funds under title III of the Library Services and Construction Act ([20 U.S.C. 355e](https://uscode.house.gov/view.xhtml?req=(/us/usc/t20/s355e)) et seq.).

# §223a. Notice and removal of nonconsensual intimate visual depictions

- (a) **In general—**
  - (1) **Notice and removal process—**
    - (A) **Establishment—** Not later than 1 year after May 19, 2025, a covered platform shall establish a process whereby an identifiable individual (or an authorized [person](/usc/47/153.md?p=39) acting on behalf of such individual) may—
      - (i) notify the covered platform of an intimate visual depiction published on the covered platform that—
        - (I) includes a depiction of the identifiable individual; and
        - (II) was published without the consent of the identifiable individual; and
      - (ii) submit a request for the covered platform to remove such intimate visual depiction.
    - (B) **Requirements—** A notification and request for removal of an intimate visual depiction submitted under the process established under [subparagraph (A)](#a-1-A) shall include, in writing—
      - (i) a physical or electronic signature of the identifiable individual (or an authorized [person](/usc/47/153.md?p=39) acting on behalf of such individual);
      - (ii) an identification of, and information reasonably sufficient for the covered platform to locate, the intimate visual depiction of the identifiable individual;
      - (iii) a brief statement that the identifiable individual has a good faith belief that any intimate visual depiction identified under [clause (ii)](#a-1-B-ii) is not consensual, including any relevant information for the covered platform to determine the intimate visual depiction was published without the consent of the identifiable individual; and
      - (iv) information sufficient to enable the covered platform to contact the identifiable individual (or an authorized [person](/usc/47/153.md?p=39) acting on behalf of such individual).
  - (2) **Notice of process—** A covered platform shall provide on the platform a clear and conspicuous notice, which may be provided through a clear and conspicuous link to another web page or disclosure, of the notice and removal process established under [paragraph (1)(A)](#a-1-A) that—
    - (A) is easy to read and in plain language; and
    - (B) provides information regarding the responsibilities of the covered platform under this section, including a description of how an individual can submit a notification and request for removal.
  - (3) **Removal of nonconsensual intimate visual depictions—** Upon receiving a valid removal request from an identifiable individual (or an authorized [person](/usc/47/153.md?p=39) acting on behalf of such individual) using the process described in [paragraph (1)(A)(ii)](#a-1-A-ii), a covered platform shall, as soon as possible, but not later than 48 hours after receiving such request—
    - (A) remove the intimate visual depiction; and
    - (B) make reasonable efforts to identify and remove any known identical copies of such depiction.
  - (4) **Limitation on liability—** A covered platform shall not be liable for any claim based on the covered platform’s good faith disabling of access to, or removal of, material claimed to be a nonconsensual intimate visual depiction based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent, regardless of whether the intimate visual depiction is ultimately determined to be unlawful or not.
- (b) **Enforcement by the Commission—**
  - (1) **Unfair or deceptive acts or practices—** A failure to reasonably comply with the notice and takedown obligations under [subsection (a)](#a) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ([15 U.S.C. 57a(a)(1)(B)](/usc/15/57a.md?p=a-1-B)).
  - (2) **Powers of the Commission—**
    - (A) **In general—** Except as provided in [subparagraph (D)](#b-2-D), the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ([15 U.S.C. 41](/usc/15/41.md) et seq.) were incorporated into and made a part of this section.
    - (B) **Privileges and immunities—** Any [person](/usc/47/153.md?p=39) who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ([15 U.S.C. 41](/usc/15/41.md) et seq.).
    - (C) **Authority preserved—** Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.
    - (D) **Scope of jurisdiction—** Notwithstanding sections 4, 5(a)(2), or 6 of the Federal Trade Commission Act ([15 U.S.C. 44](/usc/15/44.md), 45(a)(2), 46), or any jurisdictional limitation of the Commission, the Commission shall also enforce this section in the same manner provided in [subparagraph (A)](#b-2-A), with respect to organizations that are not organized to carry on business for their own profit or that of their members.

# §224. Pole attachments

- (a) **Definitions—** As used in this section:
  - (1) The term “utility” means any [person](/usc/47/153.md?p=39) who is a [local exchange carrier](/usc/47/153.md?p=32) or an electric, gas, water, steam, or other public utility, and who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for any [wire communications](/usc/47/153.md?p=59). Such term does not include any railroad, any [person](/usc/47/153.md?p=39) who is cooperatively organized, or any [person](/usc/47/153.md?p=39) owned by the [Federal Government](#a-2) or any [State](#a-3).
  - (2) The term “Federal Government” means the Government of the [United States](/usc/47/153.md?p=58) or any agency or instrumentality thereof.
  - (3) The term “State” means any State, territory, or possession of the [United States](/usc/47/153.md?p=58), the District of Columbia, or any political subdivision, agency, or instrumentality thereof.
  - (4) The term “pole attachment” means any attachment by a cable television system or provider of [telecommunications service](/usc/47/153.md?p=53) to a pole, duct, conduit, or right-of-way owned or controlled by a [utility](#a-1).
  - (5) For purposes of this section, the term “telecommunications carrier” (as defined in [section 153 of this title](/usc/47/153.md)) does not include any incumbent [local exchange carrier](/usc/47/153.md?p=32) as defined in [section 251(h) of this title](/usc/47/251.md?p=h).
- (b) **Authority of Commission to regulate rates, terms, and conditions; enforcement powers; promulgation of regulations—**
  - (1) Subject to the provisions of [subsection (c)](#c) of this section, the Commission shall regulate the rates, terms, and conditions for [pole attachments](#a-4) to provide that such rates, terms, and conditions are just and reasonable, and shall adopt procedures necessary and appropriate to hear and resolve complaints concerning such rates, terms, and conditions. For purposes of enforcing any determinations resulting from complaint procedures established pursuant to this subsection, the Commission shall take such action as it deems appropriate and necessary, including issuing cease and desist orders, as authorized by [section 312(b) of this title](/usc/47/312.md?p=b).
  - (2) The Commission shall prescribe by rule regulations to carry out the provisions of this section.
- (c) **State regulatory authority over rates, terms, and conditions; preemption; certification; circumstances constituting State regulation—**
  - (1) Nothing in this section shall be construed to apply to, or to give the Commission jurisdiction with respect to rates, terms, and conditions, or access to poles, ducts, conduits, and rights-of-way as provided in [subsection (f)](#f), for [pole attachments](#a-4) in any case where such matters are regulated by a [State](#a-3).
  - (2) Each [State](#a-3) which regulates the rates, terms, and conditions for [pole attachments](#a-4) shall certify to the Commission that—
    - (A) it regulates such rates, terms, and conditions; and
    - (B) in so regulating such rates, terms, and conditions, the [State](#a-3) has the authority to consider and does consider the interests of the [subscribers](/usc/47/340.md?p=i-1) of the services offered via such attachments, as well as the interests of the consumers of the [utility](#a-1) services.
  - (3) For purposes of this subsection, a [State](#a-3) shall not be considered to regulate the rates, terms, and conditions for [pole attachments](#a-4)—
    - (A) unless the [State](#a-3) has issued and made effective rules and regulations implementing the [State](#a-3)’s regulatory authority over [pole attachments](#a-4); and
    - (B) with respect to any individual matter, unless the [State](#a-3) takes final action on a complaint regarding such matter—
      - (i) within 180 days after the complaint is filed with the [State](#a-3), or
      - (ii) within the applicable period prescribed for such final action in such rules and regulations of the [State](#a-3), if the prescribed period does not extend beyond 360 days after the filing of such complaint.
- (d) **Determination of just and reasonable rates; “usable space” defined—**
  - (1) For purposes of [subsection (b)](#b) of this section, a rate is just and reasonable if it assures a [utility](#a-1) the recovery of not less than the additional costs of providing [pole attachments](#a-4), nor more than an amount determined by multiplying the percentage of the total [usable space](#d-2), or the percentage of the total duct or conduit capacity, which is occupied by the [pole attachment](#a-4) by the sum of the operating expenses and actual capital costs of the [utility](#a-1) attributable to the entire pole, duct, conduit, or right-of-way.
  - (2) As used in this subsection, the term “usable space” means the space above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment.
  - (3) This subsection shall apply to the rate for any [pole attachment](#a-4) used by a cable television system solely to provide [cable service](/usc/47/153.md?p=8). Until the effective date of the regulations required under [subsection (e)](#e), this subsection shall also apply to the rate for any [pole attachment](#a-4) used by a [cable system](/usc/47/522.md?p=7) or any [telecommunications carrier](#a-5) (to the extent such [carrier](/usc/47/153.md?p=11) is not a party to a [pole attachment](#a-4) agreement) to provide any [telecommunications service](/usc/47/153.md?p=53).
- (e) **Regulations governing charges; apportionment of costs of providing space—**
  - (1) The Commission shall, no later than 2 years after February 8, 1996, prescribe regulations in accordance with this subsection to govern the charges for [pole attachments](#a-4) used by [telecommunications carriers](#a-5) to provide [telecommunications services](/usc/47/153.md?p=53), when the parties fail to resolve a dispute over such charges. Such regulations shall ensure that a [utility](#a-1) charges just, reasonable, and nondiscriminatory rates for [pole attachments](#a-4).
  - (2) A [utility](#a-1) shall apportion the cost of providing space on a pole, duct, conduit, or right-of-way other than the usable space among entities so that such apportionment equals two-thirds of the costs of providing space other than the usable space that would be allocated to such entity under an equal apportionment of such costs among all attaching entities.
  - (3) A [utility](#a-1) shall apportion the cost of providing usable space among all entities according to the percentage of usable space required for each entity.
  - (4) The regulations required under [paragraph (1)](#e-1) shall become effective 5 years after February 8, 1996. Any increase in the rates for [pole attachments](#a-4) that result from the adoption of the regulations required by this subsection shall be phased in equal annual increments over a period of 5 years beginning on the effective date of such regulations.
- (f) **Nondiscriminatory access—**
  - (1) A [utility](#a-1) shall provide a cable television system or any [telecommunications carrier](#a-5) with nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by it.
  - (2) Notwithstanding [paragraph (1)](#f-1), a [utility](#a-1) providing electric service may deny a cable television system or any [telecommunications carrier](#a-5) access to its poles, ducts, conduits, or rights-of-way, on a non-discriminatory[^1] basis where there is insufficient capacity and for reasons of safety, reliability and generally applicable engineering purposes.
- (g) **Imputation to costs of pole attachment rate—** A [utility](#a-1) that engages in the provision of [telecommunications services](/usc/47/153.md?p=53) or [cable services](/usc/47/153.md?p=8) shall impute to its costs of providing such services (and charge any [affiliate](/usc/47/273.md?p=d-8-A), subsidiary, or associate company engaged in the provision of such services) an equal amount to the [pole attachment](#a-4) rate for which such company would be liable under this section.
- (h) **Modification or alteration of pole, duct, conduit, or right-of-way—** Whenever the owner of a pole, duct, conduit, or right-of-way intends to modify or alter such pole, duct, conduit, or right-of-way, the owner shall provide written notification of such action to any entity that has obtained an attachment to such conduit or right-of-way so that such entity may have a reasonable opportunity to add to or modify its existing attachment. Any entity that adds to or modifies its existing attachment after receiving such notification shall bear a proportionate share of the costs incurred by the owner in making such pole, duct, conduit, or right-of-way accessible.
- (i) **Costs of rearranging or replacing attachment—** An entity that obtains an attachment to a pole, conduit, or right-of-way shall not be required to bear any of the costs of rearranging or replacing its attachment, if such rearrangement or replacement is required as a result of an additional attachment or the modification of an existing attachment sought by any other entity (including the owner of such pole, duct, conduit, or right-of-way).

# §225. Telecommunications services for hearing-impaired and speech-impaired individuals

- (a) **Definitions—** As used in this section—
  - (1) **Common carrier or carrier—** The term “[common carrier](/usc/47/153.md?p=11)” or “[carrier](/usc/47/153.md?p=11)” includes any [common carrier](/usc/47/153.md?p=11) engaged in [interstate communication](/usc/47/153.md?p=28) by wire or radio as defined in [section 153 of this title](/usc/47/153.md) and any [common carrier](/usc/47/153.md?p=11) engaged in intrastate [communication by wire](/usc/47/153.md?p=59) or radio, notwithstanding sections [152(b)](/usc/47/152.md?p=b) and [221(b)](/usc/47/221.md?p=b) of this title.
  - (2) **TDD—** The term “TDD” means a [Telecommunications](/usc/47/153.md?p=50) Device for the Deaf, which is a machine that employs graphic communication in the transmission of coded signals through a wire or [radio communication](/usc/47/153.md?p=40) system.
  - (3) **Telecommunications relay services—** The term “telecommunications relay services” means telephone transmission services that provide the ability for an individual who is deaf, hard of hearing, deaf-blind, or who has a speech [disability](/usc/47/153.md?p=18) to engage in [communication by wire](/usc/47/153.md?p=59) or radio with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech [disability](/usc/47/153.md?p=18) to communicate using voice communication services by wire or radio.
- (b) **Availability of telecommunications relay services—**
  - (1) **In general—** In order to carry out the purposes established under [section 151 of this title](/usc/47/151.md), to make available to all individuals in the [United States](/usc/47/153.md?p=58) a rapid, efficient nationwide communication service, and to increase the utility of the telephone system of the Nation, the Commission shall ensure that interstate and intrastate [telecommunications relay services](#a-3) are available, to the extent possible and in the most efficient manner, to hearing-impaired and speech-impaired individuals in the [United States](/usc/47/153.md?p=58).
  - (2) **Use of general authority and remedies—** For the purposes of administering and enforcing the provisions of this section and the regulations prescribed thereunder, the Commission shall have the same authority, power, and functions with respect to [common carriers](/usc/47/153.md?p=11) engaged in intrastate communication as the Commission has in administering and enforcing the provisions of this subchapter with respect to any [common carrier](/usc/47/153.md?p=11) engaged in [interstate communication](/usc/47/153.md?p=28). Any violation of this section by any [common carrier](/usc/47/153.md?p=11) engaged in intrastate communication shall be subject to the same remedies, penalties, and procedures as are applicable to a violation of this chapter by a [common carrier](/usc/47/153.md?p=11) engaged in [interstate communication](/usc/47/153.md?p=28).
- (c) **Provision of services—** Each [common carrier](/usc/47/153.md?p=11) providing telephone voice transmission services shall, not later than 3 years after July 26, 1990, provide in compliance with the regulations prescribed under this section, throughout the area in which it offers service, [telecommunications relay services](#a-3), individually, through designees, through a competitively selected vendor, or in concert with other [carriers](/usc/47/153.md?p=11). A [common carrier](/usc/47/153.md?p=11) shall be considered to be in compliance with such regulations—
  - (1) with respect to intrastate [telecommunications relay services](#a-3) in any [State](/usc/47/153.md?p=47) that does not have a certified [program](/usc/47/1608.md?p=9) under [subsection (f)](#f) and with respect to interstate [telecommunications relay services](#a-3), if such [common carrier](/usc/47/153.md?p=11) (or other entity through which the [carrier](/usc/47/153.md?p=11) is providing such relay services) is in compliance with the Commission’s regulations under [subsection (d)](#d); or
  - (2) with respect to intrastate [telecommunications relay services](#a-3) in any [State](/usc/47/153.md?p=47) that has a certified [program](/usc/47/1608.md?p=9) under [subsection (f)](#f) for such [State](/usc/47/153.md?p=47), if such [common carrier](/usc/47/153.md?p=11) (or other entity through which the [carrier](/usc/47/153.md?p=11) is providing such relay services) is in compliance with the [program](/usc/47/1608.md?p=9) certified under [subsection (f)](#f) for such [State](/usc/47/153.md?p=47).
- (d) **Regulations—**
  - (1) **In general—** The Commission shall, not later than 1 year after July 26, 1990, prescribe regulations to implement this section, including regulations that—
    - (A) establish functional requirements, guidelines, and operations procedures for [telecommunications relay services](#a-3);
    - (B) establish minimum standards that shall be met in carrying out [subsection (c)](#c);
    - (C) require that [telecommunications relay services](#a-3) operate every day for 24 hours per day;
    - (D) require that users of [telecommunications relay services](#a-3) pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination;
    - (E) prohibit relay [operators](/usc/47/153.md?p=38-A) from failing to fulfill the obligations of [common carriers](/usc/47/153.md?p=11) by refusing calls or limiting the length of calls that use [telecommunications relay services](#a-3);
    - (F) prohibit relay [operators](/usc/47/153.md?p=38-A) from disclosing the content of any relayed conversation and from keeping records of the content of any such conversation beyond the duration of the call; and
    - (G) prohibit relay [operators](/usc/47/153.md?p=38-A) from intentionally altering a relayed conversation.
  - (2) **Technology—** The Commission shall ensure that regulations prescribed to implement this section encourage, consistent with [section 157(a) of this title](/usc/47/157.md?p=a), the use of existing technology and do not discourage or impair the development of improved technology.
  - (3) **Jurisdictional separation of costs—**
    - (A) **In general—** Consistent with the provisions of [section 410 of this title](/usc/47/410.md), the Commission shall prescribe regulations governing the jurisdictional separation of costs for the services provided pursuant to this section.
    - (B) **Recovering costs—** Such regulations shall generally provide that costs caused by interstate [telecommunications relay services](#a-3) shall be recovered from all [subscribers](/usc/47/340.md?p=i-1) for every interstate service and costs caused by intrastate [telecommunications relay services](#a-3) shall be recovered from the intrastate jurisdiction. In a [State](/usc/47/153.md?p=47) that has a certified [program](/usc/47/1608.md?p=9) under [subsection (f)](#f), a [State commission](/usc/47/153.md?p=48) shall permit a [common carrier](/usc/47/153.md?p=11) to recover the costs incurred in providing intrastate [telecommunications relay services](#a-3) by a method consistent with the requirements of this section.
- (e) **Enforcement—**
  - (1) **In general—** Subject to subsections [(f)](#f) and [(g)](#g), the Commission shall enforce this section.
  - (2) **Complaint—** The Commission shall resolve, by final order, a complaint alleging a violation of this section within 180 days after the date such complaint is filed.
- (f) **Certification—**
  - (1) **State documentation—** Any [State](/usc/47/153.md?p=47) desiring to establish a [State](/usc/47/153.md?p=47) [program](/usc/47/1608.md?p=9) under this section shall submit documentation to the Commission that describes the [program](/usc/47/1608.md?p=9) of such [State](/usc/47/153.md?p=47) for implementing intrastate [telecommunications relay services](#a-3) and the procedures and remedies available for enforcing any requirements imposed by the [State](/usc/47/153.md?p=47) [program](/usc/47/1608.md?p=9).
  - (2) **Requirements for certification—** After review of such documentation, the Commission shall certify the [State](/usc/47/153.md?p=47) [program](/usc/47/1608.md?p=9) if the Commission determines that—
    - (A) the [program](/usc/47/1608.md?p=9) makes available to hearing-impaired and speech-impaired individuals, either directly, through designees, through a competitively selected vendor, or through regulation of intrastate [common carriers](/usc/47/153.md?p=11), intrastate [telecommunications relay services](#a-3) in such [State](/usc/47/153.md?p=47) in a manner that meets or exceeds the requirements of regulations prescribed by the Commission under [subsection (d)](#d); and
    - (B) the [program](/usc/47/1608.md?p=9) makes available adequate procedures and remedies for enforcing the requirements of the [State](/usc/47/153.md?p=47) [program](/usc/47/1608.md?p=9).
  - (3) **Method of funding—** Except as provided in [subsection (d)](#d), the Commission shall not refuse to certify a [State](/usc/47/153.md?p=47) [program](/usc/47/1608.md?p=9) based solely on the method such [State](/usc/47/153.md?p=47) will implement for funding intrastate telecommunication relay services.
  - (4) **Suspension or revocation of certification—** The Commission may suspend or revoke such certification if, after notice and opportunity for hearing, the Commission determines that such certification is no longer warranted. In a [State](/usc/47/153.md?p=47) whose [program](/usc/47/1608.md?p=9) has been suspended or revoked, the Commission shall take such steps as may be necessary, consistent with this section, to ensure continuity of [telecommunications relay services](#a-3).
- (g) **Complaint—**
  - (1) **Referral of complaint—** If a complaint to the Commission alleges a violation of this section with respect to intrastate [telecommunications relay services](#a-3) within a [State](/usc/47/153.md?p=47) and certification of the [program](/usc/47/1608.md?p=9) of such [State](/usc/47/153.md?p=47) under [subsection (f)](#f) is in effect, the Commission shall refer such complaint to such [State](/usc/47/153.md?p=47).
  - (2) **Jurisdiction of Commission—** After referring a complaint to a [State](/usc/47/153.md?p=47) under [paragraph (1)](#g-1), the Commission shall exercise jurisdiction over such complaint only if—
    - (A) final action under such [State](/usc/47/153.md?p=47) [program](/usc/47/1608.md?p=9) has not been taken on such complaint by such [State](/usc/47/153.md?p=47)—
      - (i) within 180 days after the complaint is filed with such [State](/usc/47/153.md?p=47); or
      - (ii) within a shorter period as prescribed by the regulations of such [State](/usc/47/153.md?p=47); or
    - (B) the Commission determines that such [State](/usc/47/153.md?p=47) [program](/usc/47/1608.md?p=9) is no longer qualified for certification under [subsection (f)](#f).

# §226. Telephone operator services

- (a) **Definitions—** As used in this section—
  - (1) The term “access code” means a sequence of numbers that, when dialed, connect the caller to the [provider of operator services](#a-9) associated with that sequence.
  - (2) The term “aggregator” means any [person](/usc/47/153.md?p=39) that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises, for interstate telephone calls using a [provider of operator services](#a-9).
  - (3) The term “call splashing” means the transfer of a telephone call from one [provider of operator services](#a-9) to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such location.
  - (4) The term “consumer” means a [person](/usc/47/153.md?p=39) initiating any interstate telephone call using [operator services](#a-7).
  - (5) The term “equal access” has the meaning given that term in Appendix B of the Modification of Final Judgment entered August 24, 1982, in [United States](/usc/47/153.md?p=58) v. Western Electric, Civil Action No. 82–0192 ([United States](/usc/47/153.md?p=58) District Court, District of Columbia), as amended by the Court in its orders issued prior to October 17, 1990.
  - (6) The term “equal access code” means an [access code](#a-1) that allows the public to obtain an [equal access](#a-5) connection to the [carrier](/usc/47/153.md?p=11) associated with that code.
  - (7) The term “operator services” means any interstate [telecommunications service](/usc/47/153.md?p=53) initiated from an [aggregator](#a-2) location that includes, as a component, any automatic or live assistance to a [consumer](#a-4) to arrange for billing or completion, or both, of an interstate telephone call through a method other than—
    - (A) automatic completion with billing to the telephone from which the call originated; or
    - (B) completion through an [access code](#a-1) used by the [consumer](#a-4), with billing to an account previously established with the [carrier](/usc/47/153.md?p=11) by the [consumer](#a-4).
  - (8) The term “presubscribed provider of operator services” means the interstate [provider of operator services](#a-9) to which the [consumer](#a-4) is connected when the [consumer](#a-4) places a call using a [provider of operator services](#a-9) without dialing an [access code](#a-1).
  - (9) The term “provider of operator services” means any [common carrier](/usc/47/153.md?p=11) that provides [operator services](#a-7) or any other [person](/usc/47/153.md?p=39) determined by the Commission to be providing [operator services](#a-7).
- (b) **Requirements for providers of operator services—**
  - (1) **In general—** Beginning not later than 90 days after October 17, 1990, each [provider of operator services](#a-9) shall, at a minimum—
    - (A) identify itself, audibly and distinctly, to the [consumer](#a-4) at the beginning of each telephone call and before the [consumer](#a-4) incurs any charge for the call;
    - (B) permit the [consumer](#a-4) to terminate the telephone call at no charge before the call is connected;
    - (C) disclose immediately to the [consumer](#a-4), upon request and at no charge to the [consumer](#a-4)—
      - (i) a quote of its rates or charges for the call;
      - (ii) the methods by which such rates or charges will be collected; and
      - (iii) the methods by which complaints concerning such rates, charges, or collection practices will be resolved;
    - (D) ensure, by contract or tariff, that each [aggregator](#a-2) for which such provider is the [presubscribed provider of operator services](#a-8) is in compliance with the requirements of [subsection (c)](#c) and, if applicable, [subsection (e)(1)](#e-1);
    - (E) withhold payment (on a location-by-location basis) of any compensation, including commissions, to [aggregators](#a-2) if such provider reasonably believes that the [aggregator](#a-2) (i) is blocking access by means of “950” or “800” numbers to interstate [common carriers](/usc/47/153.md?p=11) in violation of subsection [(c)(1)(B)](#c-1-B) or (ii) is blocking access to [equal access codes](#a-6) in violation of rules the Commission may prescribe under [subsection (e)(1)](#e-1);
    - (F) not bill for unanswered telephone calls in areas where [equal access](#a-5) is available;
    - (G) not knowingly bill for unanswered telephone calls where [equal access](#a-5) is not available;
    - (H) not engage in [call splashing](#a-3), unless the [consumer](#a-4) requests to be transferred to another [provider of operator services](#a-9), the [consumer](#a-4) is informed prior to incurring any charges that the rates for the call may not reflect the rates from the actual originating location of the call, and the [consumer](#a-4) then consents to be transferred; and
    - (I) except as provided in [subparagraph (H)](#b-1-H), not bill for a call that does not reflect the location of the origination of the call.
  - (2) **Additional requirements for first 3 years—** In addition to meeting the requirements of [paragraph (1)](#b-1), during the 3-year period beginning on the date that is 90 days after October 17, 1990, each [presubscribed provider of operator services](#a-8) shall identify itself audibly and distinctly to the [consumer](#a-4), not only as required in [paragraph (1)(A)](#b-1-A), but also for a second time before connecting the call and before the [consumer](#a-4) incurs any charge.
- (c) **Requirements for aggregators—**
  - (1) **In general—** Each [aggregator](#a-2), beginning not later than 90 days after October 17, 1990, shall—
    - (A) post on or near the telephone instrument, in plain view of [consumers](#a-4)—
      - (i) the name, address, and toll-free telephone number of the [provider of operator services](#a-9);
      - (ii) a written disclosure that the rates for all [operator](/usc/47/153.md?p=38-A)-assisted calls are available on request, and that [consumers](#a-4) have a right to obtain access to the interstate [common carrier](/usc/47/153.md?p=11) of their choice and may contact their preferred interstate [common carriers](/usc/47/153.md?p=11) for information on accessing that [carrier](/usc/47/153.md?p=11)’s service using that telephone; and
      - (iii) the name and address of the enforcement division of the [Common Carrier](/usc/47/153.md?p=11) Bureau of the Commission, to which the [consumer](#a-4) may direct complaints regarding [operator services](#a-7);
    - (B) ensure that each of its telephones presubscribed to a [provider of operator services](#a-9) allows the [consumer](#a-4) to use “800” and “950” [access code](#a-1) numbers to obtain access to the [provider of operator services](#a-9) desired by the [consumer](#a-4); and
    - (C) ensure that no charge by the [aggregator](#a-2) to the [consumer](#a-4) for using an “800” or “950” [access code](#a-1) number, or any other [access code](#a-1) number, is greater than the amount the [aggregator](#a-2) charges for calls placed using the [presubscribed provider of operator services](#a-8).
  - (2) **Effect of State law or regulation—** The requirements of [paragraph (1)(A)](#c-1-A) shall not apply to an [aggregator](#a-2) in any case in which [State](/usc/47/153.md?p=47) law or [State](/usc/47/153.md?p=47) regulation requires the [aggregator](#a-2) to take actions that are substantially the same as those required in [paragraph (1)(A)](#c-1-A).
- (d) **General rulemaking required—**
  - (1) **Rulemaking proceeding—** The Commission shall conduct a rulemaking proceeding pursuant to this subchapter to prescribe regulations to—
    - (A) protect [consumers](#a-4) from unfair and deceptive practices relating to their use of [operator services](#a-7) to place interstate telephone calls; and
    - (B) ensure that [consumers](#a-4) have the opportunity to make informed choices in making such calls.
  - (2) **Contents of regulations—** The regulations prescribed under this section shall—
    - (A) contain provisions to implement each of the requirements of this section, other than the requirements established by the rulemaking under [subsection (e)](#e) on access and compensation; and
    - (B) contain such other provisions as the Commission determines necessary to carry out this section and the purposes and policies of this section.
  - (3) **Additional requirements to be implemented by regulations—** The regulations prescribed under this section shall, at a minimum—
    - (A) establish minimum standards for providers of [operator services](#a-7) and [aggregators](#a-2) to use in the routing and handling of emergency telephone calls; and
    - (B) establish a policy for requiring providers of [operator services](#a-7) to make public information about recent changes in [operator services](#a-7) and choices available to [consumers](#a-4) in that market.
- (e) **Separate rulemaking on access and compensation—**
  - (1) **Access—** The Commission,[^1] shall require—
    - (A) that each [aggregator](#a-2) ensure within a reasonable time that each of its telephones presubscribed to a [provider of operator services](#a-9) allows the [consumer](#a-4) to obtain access to the [provider of operator services](#a-9) desired by the [consumer](#a-4) through the use of an [equal access code](#a-6); or
    - (B) that all providers of [operator services](#a-7), within a reasonable time, make available to their customers a “950” or “800” [access code](#a-1) number for use in making [operator services](#a-7) calls from anywhere in the [United States](/usc/47/153.md?p=58); or
    - (C) that the requirements described under both subparagraphs [(A)](#e-1-A) and [(B)](#e-1-B) apply.
  - (2) **Compensation—** The Commission shall consider the need to prescribe compensation (other than advance payment by [consumers](#a-4)) for owners of competitive public pay telephones for calls routed to providers of [operator services](#a-7) that are other than the [presubscribed provider of operator services](#a-8) for such telephones. Within 9 months after October 17, 1990, the Commission shall reach a final decision on whether to prescribe such compensation.
- (f) **Technological capability of equipment—** Any equipment and software manufactured or imported more than 18 months after October 17, 1990, and installed by any [aggregator](#a-2) shall be technologically capable of providing [consumers](#a-4) with access to interstate providers of [operator services](#a-7) through the use of [equal access codes](#a-6).
- (g) **Fraud—** In any proceeding to carry out the provisions of this section, the Commission shall require such actions or measures as are necessary to ensure that [aggregators](#a-2) are not exposed to undue risk of fraud.
- (h) **Determinations of rate compliance—**
  - (1) **Filing of informational tariff—**
    - (A) **In general—** Each [provider of operator services](#a-9) shall file, within 90 days after October 17, 1990, and shall maintain, update regularly, and keep open for public inspection, an informational tariff specifying rates, terms, and conditions, and including commissions, surcharges, any fees which are collected from [consumers](#a-4), and reasonable estimates of the amount of traffic priced at each rate, with respect to calls for which [operator services](#a-7) are provided. Any changes in such rates, terms, or conditions shall be filed no later than the first day on which the changed rates, terms, or conditions are in effect.
    - (B) **Waiver authority—** The Commission may, after 4 years following October 17, 1990, waive the requirements of this paragraph only if—
      - (i) the findings and conclusions of the Commission in the final report issued under [paragraph (3)(B)(iii)](#h-3-B-iii) [state](/usc/47/153.md?p=47) that the regulatory objectives specified in subsection [(d)(1)(A)](#d-1-A) and [(B)](#d-1-B) have been achieved; and
      - (ii) the Commission determines that such waiver will not adversely affect the continued achievement of such regulatory objectives.
  - (2) **Review of informational tariffs—** If the rates and charges filed by any [provider of operator services](#a-9) under [paragraph (1)](#h-1) appear upon review by the Commission to be unjust or unreasonable, the Commission may require such [provider of operator services](#a-9) to do either or both of the following:
    - (A) demonstrate that its rates and charges are just and reasonable, and
    - (B) announce that its rates are available on request at the beginning of each call.
  - (3) **Proceeding required—**
    - (A) **In general—** Within 60 days after October 17, 1990, the Commission shall initiate a proceeding to determine whether the regulatory objectives specified in subsection [(d)(1)(A)](#d-1-A) and [(B)](#d-1-B) are being achieved. The proceeding shall—
      - (i) monitor [operator](/usc/47/153.md?p=38-A) service rates;
      - (ii) determine the extent to which offerings made by providers of [operator services](#a-7) are improvements, in terms of service quality, price, innovation, and other factors, over those available before the entry of new providers of [operator services](#a-7) into the market;
      - (iii) report on (in the aggregate and by individual provider) [operator](/usc/47/153.md?p=38-A) service rates, incidence of service complaints, and service offerings;
      - (iv) consider the effect that commissions and surcharges, billing and validation costs, and other costs of doing business have on the overall rates charged to [consumers](#a-4); and
      - (v) monitor compliance with the provisions of this section, including the periodic placement of telephone calls from [aggregator](#a-2) locations.
    - (B) **Reports—**
      - (i) The Commission shall, during the pendency of such proceeding and not later than 5 months after its commencement, provide the Congress with an interim report on the Commission’s activities and progress to date.
      - (ii) Not later than 11 months after the commencement of such proceeding, the Commission shall report to the Congress on its interim findings as a result of the proceeding.
      - (iii) Not later than 23 months after the commencement of such proceeding, the Commission shall submit a final report to the Congress on its findings and conclusions.
  - (4) **Implementing regulations—**
    - (A) **In general—** Unless the Commission makes the determination described in [subparagraph (B)](#h-4-B), the Commission shall, within 180 days after submission of the report required under [paragraph (3)(B)(iii)](#h-3-B-iii), complete a rulemaking proceeding pursuant to this subchapter to establish regulations for implementing the requirements of this subchapter (and paragraphs (1) and (2) of this subsection) that rates and charges for [operator services](#a-7) be just and reasonable. Such regulations shall include limitations on the amount of commissions or any other compensation given to [aggregators](#a-2) by providers of [operator](/usc/47/153.md?p=38-A) service.
    - (B) **Limitation—** The requirement of [subparagraph (A)](#h-4-A) shall not apply if, on the basis of the proceeding under [paragraph (3)(A)](#h-3-A), the Commission makes (and includes in the report required by [paragraph (3)(B)(iii)](#h-3-B-iii)) a factual determination that market forces are securing rates and charges that are just and reasonable, as evidenced by rate levels, costs, complaints, service quality, and other relevant factors.
- (i) **Statutory construction—** Nothing in this section shall be construed to alter the obligations, powers, or duties of [common carriers](/usc/47/153.md?p=11) or the Commission under the other sections of this chapter.

# §227. Restrictions on use of telephone equipment

- (a) **Definitions—** As used in this section—
  - (1) The term “automatic telephone dialing system” means equipment which has the capacity—
    - (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and
    - (B) to dial such numbers.
  - (2) The term “established business relationship”, for purposes only of [subsection (b)(1)(C)(i)](#b-1-C-i), shall have the meaning given the term in [section 64.1200 of title 47, Code of Federal Regulations](/cfr/47/64.1200.md), as in effect on January 1, 2003, except that—
    - (A) such term shall include a relationship between a [person](/usc/47/153.md?p=39) or entity and a business [subscriber](/usc/47/340.md?p=i-1) subject to the same terms applicable under such section to a relationship between a [person](/usc/47/153.md?p=39) or entity and a residential [subscriber](/usc/47/340.md?p=i-1); and
    - (B) an [established business relationship](#a-2) shall be subject to any time limitation established pursuant to paragraph (2)(G)).[^1]
  - (3) The term “telephone facsimile machine” means equipment which has the capacity (A) to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or (B) to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper.
  - (4) The term “telephone solicitation” means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any [person](/usc/47/153.md?p=39), but such term does not include a call or message (A) to any [person](/usc/47/153.md?p=39) with that [person](/usc/47/153.md?p=39)’s prior express invitation or permission, (B) to any [person](/usc/47/153.md?p=39) with whom the caller has an [established business relationship](#a-2), or (C) by a tax exempt nonprofit organization.
  - (5) The term “unsolicited advertisement” means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any [person](/usc/47/153.md?p=39) without that [person](/usc/47/153.md?p=39)’s prior express invitation or permission, in writing or otherwise.
- (b) **Restrictions on use of automated telephone equipment—**
  - (1) **Prohibitions—** It shall be unlawful for any [person](/usc/47/153.md?p=39) within the [United States](/usc/47/153.md?p=58), or any [person](/usc/47/153.md?p=39) outside the [United States](/usc/47/153.md?p=58) if the recipient is within the [United States](/usc/47/153.md?p=58)—
    - (A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any [automatic telephone dialing system](#a-1) or an artificial or prerecorded voice—
      - (i) to any emergency telephone line (including any “911” line and any emergency line of a hospital, medical physician or service [office](/usc/47/1471.md?p=3), health care facility, poison control center, or fire protection or law enforcement agency);
      - (ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or
      - (iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio [common carrier](/usc/47/153.md?p=11) service, or any service for which the called party is charged for the call, unless such call is made solely to collect a debt owed to or guaranteed by the [United States](/usc/47/153.md?p=58);
    - (B) to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes, is made solely pursuant to the collection of a debt owed to or guaranteed by the [United States](/usc/47/153.md?p=58), or is exempted by rule or order by the Commission under [paragraph (2)(B)](#b-2-B);
    - (C) to use any [telephone facsimile machine](#a-3), computer, or other device to send, to a [telephone facsimile machine](#a-3), an [unsolicited advertisement](#a-5), unless—
      - (i) the [unsolicited advertisement](#a-5) is from a sender with an [established business relationship](#a-2) with the recipient;
      - (ii) the sender obtained the number of the [telephone facsimile machine](#a-3) through—
        - (I) the voluntary communication of such number, within the context of such [established business relationship](#a-2), from the recipient of the [unsolicited advertisement](#a-5), or
        - (II) a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution,

      except that this clause shall not apply in the case of an [unsolicited advertisement](#a-5) that is sent based on an [established business relationship](#a-2) with the recipient that was in existence before July 9, 2005, if the sender possessed the facsimile machine number of the recipient before July 9, 2005; and

      - (iii) the [unsolicited advertisement](#a-5) contains a notice meeting the requirements under [paragraph (2)(D)](#b-2-D),

      except that the exception under clauses [(i)](#b-1-C-i) and [(ii)](#b-1-C-ii) shall not apply with respect to an [unsolicited advertisement](#a-5) sent to a [telephone facsimile machine](#a-3) by a sender to whom a request has been made not to send future [unsolicited advertisements](#a-5) to such [telephone facsimile machine](#a-3) that complies with the requirements under [paragraph (2)(E)](#b-2-E); or

    - (D) to use an [automatic telephone dialing system](#a-1) in such a way that two or more telephone lines of a multi-line business are engaged simultaneously.
  - (2) **Regulations; exemptions and other provisions—** The Commission shall prescribe regulations to implement the requirements of this subsection. In implementing the requirements of this subsection, the Commission—
    - (A) shall consider prescribing regulations to allow businesses to avoid receiving calls made using an artificial or prerecorded voice to which they have not given their prior express consent;
    - (B) may, by rule or order, exempt from the requirements of paragraph (1)(B) of this subsection, subject to such conditions as the Commission may prescribe—
      - (i) calls that are not made for a commercial purpose; and
      - (ii) such classes or categories of calls made for commercial purposes as the Commission determines—
        - (I) will not adversely affect the privacy rights that this section is intended to protect; and
        - (II) do not include the transmission of any [unsolicited advertisement](#a-5);
    - (C) may, by rule or order, exempt from the requirements of paragraph (1)(A)(iii) of this subsection calls to a telephone number assigned to a cellular telephone service that are not charged to the called party, subject to such conditions as the Commission may prescribe as necessary in the interest of the privacy rights this section is intended to protect;
    - (D) shall provide that a notice contained in an [unsolicited advertisement](#a-5) complies with the requirements under this subparagraph only if—
      - (i) the notice is clear and conspicuous and on the first page of the [unsolicited advertisement](#a-5);
      - (ii) the notice [states](/usc/47/153.md?p=47) that the recipient may make a request to the sender of the [unsolicited advertisement](#a-5) not to send any future [unsolicited advertisements](#a-5) to a [telephone facsimile machine](#a-3) or machines and that failure to comply, within the shortest reasonable time, as determined by the Commission, with such a request meeting the requirements under [subparagraph (E)](#b-2-E) is unlawful;
      - (iii) the notice sets forth the requirements for a request under [subparagraph (E)](#b-2-E);
      - (iv) the notice includes—
        - (I) a domestic contact telephone and facsimile machine number for the recipient to transmit such a request to the sender; and
        - (II) a cost-free mechanism for a recipient to transmit a request pursuant to such notice to the sender of the [unsolicited advertisement](#a-5); the Commission shall by rule require the sender to provide such a mechanism and may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, exempt certain classes of small business senders, but only if the Commission determines that the costs to such class are unduly burdensome given the revenues generated by such small businesses;
      - (v) the telephone and facsimile machine numbers and the cost-free mechanism set forth pursuant to [clause (iv)](#b-2-D-iv) permit an individual or business to make such a request at any time on any day of the week; and
      - (vi) the notice complies with the requirements of [subsection (d)](#d);
    - (E) shall provide, by rule, that a request not to send future [unsolicited advertisements](#a-5) to a [telephone facsimile machine](#a-3) complies with the requirements under this subparagraph only if—
      - (i) the request identifies the telephone number or numbers of the [telephone facsimile machine](#a-3) or machines to which the request relates;
      - (ii) the request is made to the telephone or facsimile number of the sender of such an [unsolicited advertisement](#a-5) provided pursuant to [subparagraph (D)(iv)](#b-2-D-iv) or by any other method of communication as determined by the Commission; and
      - (iii) the [person](/usc/47/153.md?p=39) making the request has not, subsequent to such request, provided express invitation or permission to the sender, in writing or otherwise, to send such advertisements to such [person](/usc/47/153.md?p=39) at such [telephone facsimile machine](#a-3);
    - (F) may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, allow professional or trade associations that are tax-exempt nonprofit organizations to send [unsolicited advertisements](#a-5) to their members in furtherance of the association’s tax-exempt purpose that do not contain the notice required by [paragraph (1)(C)(iii)](#b-1-C-iii), except that the Commission may take action under this subparagraph only—
      - (i) by regulation issued after public notice and opportunity for public comment; and
      - (ii) if the Commission determines that such notice required by [paragraph (1)(C)(iii)](#b-1-C-iii) is not necessary to protect the ability of the members of such associations to stop such associations from sending any future [unsolicited advertisements](#a-5);
    - (G)
      - (i) may, consistent with [clause (ii)](#b-2-G-ii), limit the duration of the existence of an [established business relationship](#a-2), however, before establishing any such limits, the Commission shall—
        - (I) determine whether the existence of the exception under [paragraph (1)(C)](#b-1-C) relating to an [established business relationship](#a-2) has resulted in a significant number of complaints to the Commission regarding the sending of [unsolicited advertisements](#a-5) to [telephone facsimile machines](#a-3);
        - (II) determine whether a significant number of any such complaints involve [unsolicited advertisements](#a-5) that were sent on the basis of an [established business relationship](#a-2) that was longer in duration than the Commission believes is consistent with the reasonable expectations of consumers;
        - (III) evaluate the costs to senders of demonstrating the existence of an [established business relationship](#a-2) within a specified period of time and the benefits to recipients of establishing a limitation on such [established business relationship](#a-2); and
        - (IV) determine whether with respect to small businesses, the costs would not be unduly burdensome; and
      - (ii) may not commence a proceeding to determine whether to limit the duration of the existence of an [established business relationship](#a-2) before the expiration of the 3-month period that begins on July 9, 2005;
    - (H) may restrict or limit the number and duration of calls made to a telephone number assigned to a cellular telephone service to collect a debt owed to or guaranteed by the [United States](/usc/47/153.md?p=58); and
    - (I) shall ensure that any exemption under subparagraph [(B)](#b-2-B) or [(C)](#b-2-C) contains requirements for calls made in reliance on the exemption with respect to—
      - (i) the classes of parties that may make such calls;
      - (ii) the classes of parties that may be called; and
      - (iii) the number of such calls that a calling party may make to a particular called party.
  - (3) **Private right of action—** A [person](/usc/47/153.md?p=39) or entity may, if otherwise permitted by the laws or rules of court of a [State](/usc/47/153.md?p=47), bring in an appropriate court of that [State](/usc/47/153.md?p=47)—
    - (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,
    - (B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or
    - (C) both such actions.

    If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.

  - (4) **Civil forfeiture—**
    - (A) **In general—** Any [person](/usc/47/153.md?p=39) that is determined by the Commission, in accordance with paragraph (3) or (4) of [section 503(b) of this title](/usc/47/503.md?p=b), to have violated this subsection shall be liable to the [United States](/usc/47/153.md?p=58) for a forfeiture penalty pursuant to [section 503(b)(1) of this title](/usc/47/503.md?p=b-1). Paragraph (5) of [section 503(b) of this title](/usc/47/503.md?p=b) shall not apply in the case of a violation of this subsection. A forfeiture penalty under this subparagraph shall be in addition to any other penalty provided for by this chapter. The amount of the forfeiture penalty determined under this subparagraph shall be determined in accordance with subparagraphs (A) through (F) of [section 503(b)(2) of this title](/usc/47/503.md?p=b-2).
    - (B) **Violation with intent—** Any [person](/usc/47/153.md?p=39) that is determined by the Commission, in accordance with paragraph (3) or (4) of [section 503(b) of this title](/usc/47/503.md?p=b), to have violated this subsection with the intent to cause such violation shall be liable to the [United States](/usc/47/153.md?p=58) for a forfeiture penalty pursuant to [section 503(b)(1) of this title](/usc/47/503.md?p=b-1). Paragraph (5) of [section 503(b) of this title](/usc/47/503.md?p=b) shall not apply in the case of a violation of this subsection. A forfeiture penalty under this subparagraph shall be in addition to any other penalty provided for by this chapter. The amount of the forfeiture penalty determined under this subparagraph shall be equal to an amount determined in accordance with subparagraphs (A) through (F) of [section 503(b)(2) of this title](/usc/47/503.md?p=b-2) plus an additional penalty not to exceed $10,000.
    - (C) **Recovery—** Any forfeiture penalty determined under subparagraph [(A)](#b-4-A) or [(B)](#b-4-B) shall be recoverable under [section 504(a) of this title](/usc/47/504.md?p=a).
    - (D) **Procedure—** No forfeiture liability shall be determined under subparagraph [(A)](#b-4-A) or [(B)](#b-4-B) against any [person](/usc/47/153.md?p=39) unless such [person](/usc/47/153.md?p=39) receives the notice required by [section 503(b)(3) of this title](/usc/47/503.md?p=b-3) or [section 503(b)(4) of this title](/usc/47/503.md?p=b-4).
    - (E) **Statute of limitations—** Notwithstanding paragraph (6) of [section 503(b) of this title](/usc/47/503.md?p=b), no forfeiture penalty shall be determined or imposed against any [person](/usc/47/153.md?p=39)—
      - (i) under [subparagraph (A)](#b-4-A) if the violation charged occurred more than 1 year prior to the date of issuance of the required notice or notice of apparent liability; or
      - (ii) under [subparagraph (B)](#b-4-B) if the violation charged occurred more than 4 years prior to the date of issuance of the required notice or notice of apparent liability.
    - (F) **Rule of construction—** Notwithstanding any law to the contrary, the Commission may not determine or impose a forfeiture penalty on a [person](/usc/47/153.md?p=39) under both subparagraphs [(A)](#b-4-A) and [(B)](#b-4-B) based on the same conduct.
- (c) **Protection of subscriber privacy rights—**
  - (1) **Rulemaking proceeding required—** Within 120 days after December 20, 1991, the Commission shall initiate a rulemaking proceeding concerning the need to protect residential telephone [subscribers](/usc/47/340.md?p=i-1)’ privacy rights to avoid receiving [telephone solicitations](#a-4) to which they object. The proceeding shall—
    - (A) compare and evaluate alternative methods and procedures (including the use of electronic databases, telephone network technologies, special directory markings, industry-based or company-specific “do not call” systems, and any other alternatives, individually or in combination) for their effectiveness in protecting such privacy rights, and in terms of their cost and other advantages and disadvantages;
    - (B) evaluate the categories of public and private entities that would have the capacity to establish and administer such methods and procedures;
    - (C) consider whether different methods and procedures may apply for local [telephone solicitations](#a-4), such as local [telephone solicitations](#a-4) of small businesses or holders of second class mail permits;
    - (D) consider whether there is a need for additional Commission authority to further restrict [telephone solicitations](#a-4), including those calls exempted under [subsection (a)(3)](#a-3) of this section, and, if such a finding is made and supported by the record, propose specific restrictions to the Congress; and
    - (E) develop proposed regulations to implement the methods and procedures that the Commission determines are most effective and efficient to accomplish the purposes of this section.
  - (2) **Regulations—** Not later than 9 months after December 20, 1991, the Commission shall conclude the rulemaking proceeding initiated under [paragraph (1)](#c-1) and shall prescribe regulations to implement methods and procedures for protecting the privacy rights described in such paragraph in an efficient, effective, and economic manner and without the imposition of any additional charge to telephone [subscribers](/usc/47/340.md?p=i-1).
  - (3) **Use of database permitted—** The regulations required by [paragraph (2)](#c-2) may require the establishment and operation of a single national database to compile a list of telephone numbers of residential [subscribers](/usc/47/340.md?p=i-1) who object to receiving [telephone solicitations](#a-4), and to make that compiled list and parts thereof available for purchase. If the Commission determines to require such a database, such regulations shall—
    - (A) specify a method by which the Commission will select an entity to administer such database;
    - (B) require each [common carrier](/usc/47/153.md?p=11) providing [telephone exchange service](/usc/47/153.md?p=54), in accordance with regulations prescribed by the Commission, to inform [subscribers](/usc/47/340.md?p=i-1) for [telephone exchange service](/usc/47/153.md?p=54) of the opportunity to provide notification, in accordance with regulations established under this paragraph, that such [subscriber](/usc/47/340.md?p=i-1) objects to receiving [telephone solicitations](#a-4);
    - (C) specify the methods by which each telephone [subscriber](/usc/47/340.md?p=i-1) shall be informed, by the [common carrier](/usc/47/153.md?p=11) that provides local exchange service to that [subscriber](/usc/47/340.md?p=i-1), of (i) the [subscriber](/usc/47/340.md?p=i-1)’s right to give or revoke a notification of an objection under subparagraph [(A)](#c-3-A), and (ii) the methods by which such right may be exercised by the [subscriber](/usc/47/340.md?p=i-1);
    - (D) specify the methods by which such objections shall be collected and added to the database;
    - (E) prohibit any residential [subscriber](/usc/47/340.md?p=i-1) from being charged for giving or revoking such notification or for being included in a database compiled under this section;
    - (F) prohibit any [person](/usc/47/153.md?p=39) from making or transmitting a [telephone solicitation](#a-4) to the telephone number of any [subscriber](/usc/47/340.md?p=i-1) included in such database;
    - (G) specify (i) the methods by which any [person](/usc/47/153.md?p=39) desiring to make or transmit [telephone solicitations](#a-4) will obtain access to the database, by area code or local exchange prefix, as required to avoid calling the telephone numbers of [subscribers](/usc/47/340.md?p=i-1) included in such database; and (ii) the costs to be recovered from such [persons](/usc/47/153.md?p=39);
    - (H) specify the methods for recovering, from [persons](/usc/47/153.md?p=39) accessing such database, the costs involved in identifying, collecting, updating, disseminating, and selling, and other activities relating to, the operations of the database that are incurred by the entities carrying out those activities;
    - (I) specify the frequency with which such database will be updated and specify the method by which such updating will take effect for purposes of compliance with the regulations prescribed under this subsection;
    - (J) be designed to enable [States](/usc/47/153.md?p=47) to use the database mechanism selected by the Commission for purposes of administering or enforcing [State](/usc/47/153.md?p=47) law;
    - (K) prohibit the use of such database for any purpose other than compliance with the requirements of this section and any such [State](/usc/47/153.md?p=47) law and specify methods for protection of the privacy rights of [persons](/usc/47/153.md?p=39) whose numbers are included in such database; and
    - (L) require each [common carrier](/usc/47/153.md?p=11) providing services to any [person](/usc/47/153.md?p=39) for the purpose of making [telephone solicitations](#a-4) to notify such [person](/usc/47/153.md?p=39) of the requirements of this section and the regulations thereunder.
  - (4) **Considerations required for use of database method—** If the Commission determines to require the database mechanism described in [paragraph (3)](#c-3), the Commission shall—
    - (A) in developing procedures for gaining access to the database, consider the different needs of telemarketers conducting business on a national, regional, [State](/usc/47/153.md?p=47), or local level;
    - (B) develop a fee schedule or price structure for recouping the cost of such database that recognizes such differences and—
      - (i) reflect the relative costs of providing a national, regional, [State](/usc/47/153.md?p=47), or local list of phone numbers of [subscribers](/usc/47/340.md?p=i-1) who object to receiving [telephone solicitations](#a-4);
      - (ii) reflect the relative costs of providing such lists on paper or electronic media; and
      - (iii) not place an unreasonable financial burden on small businesses; and
    - (C) consider (i) whether the needs of telemarketers operating on a local basis could be met through special markings of area white pages directories, and (ii) if such directories are needed as an adjunct to database lists prepared by area code and local exchange prefix.
  - (5) **Private right of action—** A [person](/usc/47/153.md?p=39) who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the regulations prescribed under this subsection may, if otherwise permitted by the laws or rules of court of a [State](/usc/47/153.md?p=47) bring in an appropriate court of that [State](/usc/47/153.md?p=47)—
    - (A) an action based on a violation of the regulations prescribed under this subsection to enjoin such violation,
    - (B) an action to recover for actual monetary loss from such a violation, or to receive up to $500 in damages for each such violation, whichever is greater, or
    - (C) both such actions.

    It shall be an affirmative defense in any action brought under this paragraph that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent [telephone solicitations](#a-4) in violation of the regulations prescribed under this subsection. If the court finds that the defendant willfully or knowingly violated the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.

  - (6) **Relation to subsection (b)—** The provisions of this subsection shall not be construed to permit a communication prohibited by [subsection (b)](#b).
- (d) **Technical and procedural standards—**
  - (1) **Prohibition—** It shall be unlawful for any [person](/usc/47/153.md?p=39) within the [United States](/usc/47/153.md?p=58)—
    - (A) to initiate any communication using a [telephone facsimile machine](#a-3), or to make any telephone call using any [automatic telephone dialing system](#a-1), that does not comply with the technical and procedural standards prescribed under this subsection, or to use any [telephone facsimile machine](#a-3) or [automatic telephone dialing system](#a-1) in a manner that does not comply with such standards; or
    - (B) to use a computer or other electronic device to send any message via a [telephone facsimile machine](#a-3) unless such [person](/usc/47/153.md?p=39) clearly marks, in a margin at the top or bottom of each transmitted page of the message or on the first page of the transmission, the date and time it is sent and an identification of the business, other entity, or individual sending the message and the telephone number of the sending machine or of such business, other entity, or individual.
  - (2) **Telephone facsimile machines—** The Commission shall revise the regulations setting technical and procedural standards for [telephone facsimile machines](#a-3) to require that any such machine which is manufactured after one year after December 20, 1991, clearly marks, in a margin at the top or bottom of each transmitted page or on the first page of each transmission, the date and time sent, an identification of the business, other entity, or individual sending the message, and the telephone number of the sending machine or of such business, other entity, or individual.
  - (3) **Artificial or prerecorded voice systems—** The Commission shall prescribe technical and procedural standards for systems that are used to transmit any artificial or prerecorded voice message via telephone. Such standards shall require that—
    - (A) all artificial or prerecorded telephone messages (i) shall, at the beginning of the message, [state](/usc/47/153.md?p=47) clearly the identity of the business, individual, or other entity initiating the call, and (ii) shall, during or after the message, [state](/usc/47/153.md?p=47) clearly the telephone number or address of such business, other entity, or individual; and
    - (B) any such system will automatically release the called party’s line within 5 seconds of the time notification is transmitted to the system that the called party has hung up, to allow the called party’s line to be used to make or receive other calls.
- (e) **Prohibition on provision of misleading or inaccurate caller identification information—**
  - (1) **In general—** It shall be unlawful for any [person](/usc/47/153.md?p=39) within the [United States](/usc/47/153.md?p=58), or any [person](/usc/47/153.md?p=39) outside the [United States](/usc/47/153.md?p=58) if the recipient is within the [United States](/usc/47/153.md?p=58), in connection with any [voice service](#e-8-E) or [text messaging service](#e-8-D), to cause any [caller identification service](#e-8-B) to knowingly transmit misleading or inaccurate [caller identification information](#e-8-A) with the intent to defraud, cause harm, or wrongfully obtain anything of value, unless such transmission is exempted pursuant to [paragraph (3)(B)](#e-3-B).
  - (2) **Protection for blocking caller identification information—** Nothing in this subsection may be construed to prevent or restrict any [person](/usc/47/153.md?p=39) from blocking the capability of any [caller identification service](#e-8-B) to transmit [caller identification information](#e-8-A).
  - (3) **Regulations—**
    - (A) **In general—** The Commission shall prescribe regulations to implement this subsection.
    - (B) **Content of regulations—**
      - (i) **In general—** The regulations required under [subparagraph (A)](#e-3-A) shall include such exemptions from the prohibition under [paragraph (1)](#e-1) as the Commission determines is appropriate.
      - (ii) **Specific exemption for law enforcement agencies or court orders—** The regulations required under [subparagraph (A)](#e-3-A) shall exempt from the prohibition under [paragraph (1)](#e-1) transmissions in connection with—
        - (I) any authorized activity of a law enforcement agency; or
        - (II) a court order that specifically authorizes the use of caller identification manipulation.
  - (4) **Repealed. Pub. L. 115–141, div. P, title IV, § 402(i)(3), Mar. 23, 2018, 132 Stat. 1089—**
  - (5) **Penalties—**
    - (A) **Civil forfeiture—**
      - (i) **In general—** Any [person](/usc/47/153.md?p=39) that is determined by the Commission, in accordance with paragraphs (3) and (4) of [section 503(b) of this title](/usc/47/503.md?p=b), to have violated this subsection shall be liable to the [United States](/usc/47/153.md?p=58) for a forfeiture penalty. A forfeiture penalty under this paragraph shall be in addition to any other penalty provided for by this chapter. The amount of the forfeiture penalty determined under this paragraph shall not exceed $10,000 for each violation, or 3 times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,000,000 for any single act or failure to act.
      - (ii) **Recovery—** Any forfeiture penalty determined under [clause (i)](#e-5-A-i) shall be recoverable pursuant to [section 504(a) of this title](/usc/47/504.md?p=a). Paragraph (5) of [section 503(b) of this title](/usc/47/503.md?p=b) shall not apply in the case of a violation of this subsection.
      - (iii) **Procedure—** No forfeiture liability shall be determined under [clause (i)](#e-5-A-i) against any [person](/usc/47/153.md?p=39) unless such [person](/usc/47/153.md?p=39) receives the notice required by [section 503(b)(3) of this title](/usc/47/503.md?p=b-3) or [section 503(b)(4) of this title](/usc/47/503.md?p=b-4).
      - (iv) **4-year statute of limitations—** No forfeiture penalty shall be determined or imposed against any [person](/usc/47/153.md?p=39) under [clause (i)](#e-5-A-i) if the violation charged occurred more than 4 years prior to the date of issuance of the required notice or notice or apparent liability.
    - (B) **Criminal fine—** Any [person](/usc/47/153.md?p=39) who willfully and knowingly violates this subsection shall upon conviction thereof be fined not more than $10,000 for each violation, or 3 times that amount for each day of a continuing violation, in lieu of the fine provided by [section 501 of this title](/usc/47/501.md) for such a violation. This subparagraph does not supersede the provisions of [section 501 of this title](/usc/47/501.md) relating to imprisonment or the imposition of a penalty of both fine and imprisonment.
  - (6) **Enforcement by States—**
    - (A) **In general—** The chief legal officer of a [State](/usc/47/153.md?p=47), or any other [State](/usc/47/153.md?p=47) officer authorized by law to bring actions on behalf of the residents of a [State](/usc/47/153.md?p=47), may bring a civil action, as parens patriae, on behalf of the residents of that [State](/usc/47/153.md?p=47) in an appropriate district court of the [United States](/usc/47/153.md?p=58) to enforce this subsection or to impose the civil penalties for violation of this subsection, whenever the chief legal officer or other [State](/usc/47/153.md?p=47) officer has reason to believe that the interests of the residents of the [State](/usc/47/153.md?p=47) have been or are being threatened or adversely affected by a violation of this subsection or a regulation under this subsection.
    - (B) **Notice—** The chief legal officer or other [State](/usc/47/153.md?p=47) officer shall serve written notice on the Commission of any civil action under [subparagraph (A)](#e-6-A) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the [State](/usc/47/153.md?p=47) to provide such prior notice, the [State](/usc/47/153.md?p=47) shall provide such notice immediately upon instituting such civil action.
    - (C) **Authority to intervene—** Upon receiving the notice required by [subparagraph (B)](#e-6-B), the Commission shall have the right—
      - (i) to intervene in the action;
      - (ii) upon so intervening, to be heard on all matters arising therein; and
      - (iii) to file petitions for appeal.
    - (D) **Construction—** For purposes of bringing any civil action under [subparagraph (A)](#e-6-A), nothing in this paragraph shall prevent the chief legal officer or other [State](/usc/47/153.md?p=47) officer from exercising the powers conferred on that officer by the laws of such [State](/usc/47/153.md?p=47) to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.
    - (E) **Venue; service or process—**
      - (i) **Venue—** An action brought under [subparagraph (A)](#e-6-A) shall be brought in a district court of the [United States](/usc/47/153.md?p=58) that meets applicable requirements relating to venue under [section 1391 of title 28](/usc/28/1391.md).
      - (ii) **Service of process—** In an action brought under [subparagraph (A)](#e-6-A)—
        - (I) process may be served without regard to the territorial limits of the district or of the [State](/usc/47/153.md?p=47) in which the action is instituted; and
        - (II) a [person](/usc/47/153.md?p=39) who participated in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the [person](/usc/47/153.md?p=39).
  - (7) **Effect on other laws—** This subsection does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the [United States](/usc/47/153.md?p=58), a [State](/usc/47/153.md?p=47), or a political subdivision of a [State](/usc/47/153.md?p=47), or of an intelligence agency of the [United States](/usc/47/153.md?p=58).
  - (8) **Definitions—** For purposes of this subsection:
    - (A) **Caller identification information—** The term “caller identification information” means information provided by a [caller identification service](#e-8-B) regarding the telephone number of, or other information regarding the origination of, a call made using a [voice service](#e-8-E) or a [text message](#e-8-C) sent using a [text messaging service](#e-8-D).
    - (B) **Caller identification service—** The term “caller identification service” means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a [voice service](#e-8-E) or a [text message](#e-8-C) sent using a [text messaging service](#e-8-D). Such term includes automatic number identification services.
    - (C) **Text message—** The term “text message”—
      - (i) means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number or N11 service code;
      - (ii) includes a short message service (commonly referred to as “SMS”) message and a multimedia message service (commonly referred to as “MMS”) message; and
      - (iii) does not include—
        - (I) a real-time, two-way voice or video communication; or
        - (II) a message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in [clause (ii)](#e-8-C-ii).
    - (D) **Text messaging service—** The term “text messaging service” means a service that enables the transmission or receipt of a [text message](#e-8-C), including a service provided as part of or in connection with a [voice service](#e-8-E).
    - (E) **Voice service—** The term “voice service”—
      - (i) means any service that is interconnected with the public switched telephone network and that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the Commission under [section 251(e)(1) of this title](/usc/47/251.md?p=e-1); and
      - (ii) includes transmissions from a [telephone facsimile machine](#a-3), computer, or other device to a [telephone facsimile machine](#a-3).
  - (9) **Limitation—** Notwithstanding any other provision of this section, [subsection (f)](#f) shall not apply to this subsection or to the regulations under this subsection.
- (f) **Effect on State law—**
  - (1) **State law not preempted—** Except for the standards prescribed under [subsection (d)](#d) and subject to paragraph (2) of this subsection, nothing in this section or in the regulations prescribed under this section shall preempt any [State](/usc/47/153.md?p=47) law that imposes more restrictive intrastate requirements or regulations on, or which prohibits—
    - (A) the use of [telephone facsimile machines](#a-3) or other electronic devices to send [unsolicited advertisements](#a-5);
    - (B) the use of [automatic telephone dialing systems](#a-1);
    - (C) the use of artificial or prerecorded voice messages; or
    - (D) the making of [telephone solicitations](#a-4).
  - (2) **State use of databases—** If, pursuant to [subsection (c)(3)](#c-3), the Commission requires the establishment of a single national database of telephone numbers of [subscribers](/usc/47/340.md?p=i-1) who object to receiving [telephone solicitations](#a-4), a [State](/usc/47/153.md?p=47) or local authority may not, in its regulation of [telephone solicitations](#a-4), require the use of any database, list, or listing system that does not include the part of such single national database that relates to such [State](/usc/47/153.md?p=47).
- (g) **Actions by States—**
  - (1) **Authority of States—** Whenever the [attorney general](#g-8) of a [State](/usc/47/153.md?p=47), or an official or agency designated by a [State](/usc/47/153.md?p=47), has reason to believe that any [person](/usc/47/153.md?p=39) has engaged or is engaging in a pattern or practice of telephone calls or other transmissions to residents of that [State](/usc/47/153.md?p=47) in violation of this section or the regulations prescribed under this section, the [State](/usc/47/153.md?p=47) may bring a civil action on behalf of its residents to enjoin such calls, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence.
  - (2) **Exclusive jurisdiction of Federal courts—** The district courts of the [United States](/usc/47/153.md?p=58), the [United States](/usc/47/153.md?p=58) courts of any territory, and the District Court of the [United States](/usc/47/153.md?p=58) for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond.
  - (3) **Rights of Commission—** The [State](/usc/47/153.md?p=47) shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the [State](/usc/47/153.md?p=47) shall serve such notice immediately upon instituting such action. The Commission shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal.
  - (4) **Venue; service of process—** Any civil action brought under this subsection in a district court of the [United States](/usc/47/153.md?p=58) may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found.
  - (5) **Investigatory powers—** For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the [attorney general](#g-8) of a [State](/usc/47/153.md?p=47), or an official or agency designated by a [State](/usc/47/153.md?p=47), from exercising the powers conferred on the [attorney general](#g-8) or such official by the laws of such [State](/usc/47/153.md?p=47) to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.
  - (6) **Effect on State court proceedings—** Nothing contained in this subsection shall be construed to prohibit an authorized [State](/usc/47/153.md?p=47) official from proceeding in [State](/usc/47/153.md?p=47) court on the basis of an alleged violation of any general civil or criminal statute of such [State](/usc/47/153.md?p=47).
  - (7) **Limitation—** Whenever the Commission has instituted a civil action for violation of regulations prescribed under this section, no [State](/usc/47/153.md?p=47) may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission’s complaint for any violation as alleged in the Commission’s complaint.
  - (8) **“Attorney general” defined—** As used in this subsection, the term “attorney general” means the chief legal officer of a [State](/usc/47/153.md?p=47).
- (h) **Annual report to Congress on robocalls and transmission of misleading or inaccurate caller identification information—**
  - (1) **Report required—** Not later than 1 year after December 30, 2019, and annually thereafter, the Commission, after consultation with the Federal Trade Commission, shall submit to Congress a report regarding enforcement by the Commission of subsections [(b)](#b), [(c)](#c), [(d)](#d), and [(e)](#e) during the preceding calendar year.
  - (2) **Matters for inclusion—** Each report required by [paragraph (1)](#h-1) shall include the following:
    - (A) The number of complaints received by the Commission during each of the preceding 5 calendar years, for each of the following categories:
      - (i) Complaints alleging that a consumer received a call in violation of subsection [(b)](#b) or [(c)](#c).
      - (ii) Complaints alleging that a consumer received a call in violation of the standards prescribed under [subsection (d)](#d).
      - (iii) Complaints alleging that a consumer received a call in connection with which misleading or inaccurate caller identification information was transmitted in violation of [subsection (e)](#e).
    - (B) The number of citations issued by the Commission pursuant to [section 503(b) of this title](/usc/47/503.md?p=b) during the preceding calendar year to enforce [subsection (d)](#d), and details of each such citation.
    - (C) The number of notices of apparent liability issued by the Commission pursuant to [section 503(b) of this title](/usc/47/503.md?p=b) during the preceding calendar year to enforce subsections [(b)](#b), [(c)](#c), [(d)](#d), and [(e)](#e), and details of each such notice including any proposed forfeiture amount.
    - (D) The number of final orders imposing forfeiture penalties issued pursuant to [section 503(b) of this title](/usc/47/503.md?p=b) during the preceding calendar year to enforce such subsections, and details of each such order including the forfeiture imposed.
    - (E) The amount of forfeiture penalties or criminal fines collected, during the preceding calendar year, by the Commission or the Attorney General for violations of such subsections, and details of each case in which such a forfeiture penalty or criminal fine was collected.
    - (F) Proposals for reducing the number of calls made in violation of such subsections.
    - (G) An analysis of the contribution by providers of [interconnected VoIP service](/usc/47/153.md?p=25) and [non-interconnected VoIP service](/usc/47/153.md?p=36) that discount high-volume, unlawful, short-duration calls to the total number of calls made in violation of such subsections, and recommendations on how to address such contribution in order to decrease the total number of calls made in violation of such subsections.
  - (3) **No additional reporting required—** The Commission shall prepare the report required by [paragraph (1)](#h-1) without requiring the provision of additional information from providers of [telecommunications service](/usc/47/153.md?p=53) or voice service (as defined in [section 227b(a) of this title](/usc/47/227b.md?p=a)).
- (i) **Information sharing—**
  - (1) **In general—** Not later than 18 months after December 30, 2019, the Commission shall prescribe regulations to establish a process that streamlines the ways in which a private entity may voluntarily share with the Commission information relating to—
    - (A) a call made or a text message sent in violation of [subsection (b)](#b); or
    - (B) a call or text message for which misleading or inaccurate caller identification information was caused to be transmitted in violation of [subsection (e)](#e).
  - (2) **Text message defined—** In this subsection, the term “text message” has the meaning given such term in [subsection (e)(8)](#e-8).
- (j) **Robocall blocking service—**
  - (1) **In general—** Not later than 1 year after December 30, 2019, the Commission shall take a final agency action to ensure the robocall blocking services provided on an opt-out or opt-in basis pursuant to the Declaratory Ruling of the Commission in the matter of Advanced Methods to Target and Eliminate Unlawful Robocalls (CG Docket No. 17–59; FCC 19–51; adopted on June 6, 2019)—
    - (A) are provided with transparency and effective redress options for both—
      - (i) consumers; and
      - (ii) callers; and[^2]
    - (B) are provided with no additional line item charge to consumers and no additional charge to callers for resolving complaints related to erroneously blocked calls; and
    - (C) make all reasonable efforts to avoid blocking emergency public safety calls.
  - (2) **Text message defined—** In this subsection, the term “text message” has the meaning given such term in [subsection (e)(8)](#e-8).