republic-os/legal/us/code/title-47/chapter-5/section-276.md

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LegalText	47 U.S.C. § 276	Provision of payphone service	us	united_states_code	code_section	47	TELECOMMUNICATIONS	5	WIRE OR RADIO COMMUNICATION	276	47 U.S.C. § 276	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc47@119-100.zip	/us/usc/t47/s276	data/legal/raw/us/code/title-47/usc47.xml	84300a71ca9ee3e312e3ed2f9c16a8b1a0b3317aac3af3d5536476986218ab05	7cfb2d22df305544d8fac4913876d34c6b712d99019bd01ec134ed44ef145534	8f21d8d96018806396c9941562df36f7404649a137041e5344c4e463584fd547	2026-07-04	official	legal us-code

47 U.S.C. § 276 - Provision of payphone service

Text

(a) Nondiscrimination safeguards After the effective date of the rules prescribed pursuant to subsection (b), any Bell operating company that provides payphone service—

(1) shall not subsidize its payphone service directly or indirectly from its telephone exchange service operations or its exchange access operations; and

(2) shall not prefer or discriminate in favor of its payphone service.

(b) Regulations (1) Contents of regulations In order to promote competition among payphone service providers and promote the widespread deployment of payphone services to the benefit of the general public, within 9 months after February 8, 1996, the Commission shall take all actions necessary (including any reconsideration) to prescribe regulations that—

(A) establish a compensation plan to ensure that all payphone service providers are fairly compensated, and all rates and charges are just and reasonable, for completed intrastate and interstate communications using their payphone or other calling device, except that emergency calls and telecommunications relay service calls for hearing disabled individuals shall not be subject to such compensation;

(B) discontinue the intrastate and interstate carrier access charge payphone service elements and payments in effect on February 8, 1996, and all intrastate and interstate payphone subsidies from basic exchange and exchange access revenues, in favor of a compensation plan as specified in subparagraph (A);

(C) prescribe a set of nonstructural safeguards for Bell operating company payphone service to implement the provisions of paragraphs (1) and (2) of subsection (a), which safeguards shall, at a minimum, include the nonstructural safeguards equal to those adopted in the Computer Inquiry-III (CC Docket No. 90–623) proceeding;

(D) provide for Bell operating company payphone service providers to have the same right that independent payphone providers have to negotiate with the location provider on the location provider’s selecting and contracting with, and, subject to the terms of any agreement with the location provider, to select and contract with, the carriers that carry interLATA calls from their payphones, unless the Commission determines in the rulemaking pursuant to this section that it is not in the public interest; and

(E) provide for all payphone service providers to have the right to negotiate with the location provider on the location provider’s selecting and contracting with, and, subject to the terms of any agreement with the location provider, to select and contract with, the carriers that carry intraLATA calls from their payphones.

(2) Public interest telephones In the rulemaking conducted pursuant to paragraph (1), the Commission shall determine whether public interest payphones, which are provided in the interest of public health, safety, and welfare, in locations where there would otherwise not be a payphone, should be maintained, and if so, ensure that such public interest payphones are supported fairly and equitably.

(3) Existing contracts Nothing in this section shall affect any existing contracts between location providers and payphone service providers or interLATA or intraLATA carriers that are in force and effect as of February 8, 1996.

(c) State preemption To the extent that any State requirements are inconsistent with the Commission’s regulations, the Commission’s regulations on such matters shall preempt such State requirements.

(d) “Payphone service” defined As used in this section, the term “payphone service” means the provision of public or semi-public pay telephones, the provision of inmate telephone service and advanced communications services described in subparagraphs (A), (B), (D), and (E) of section 153(1) of this title in correctional institutions, and any ancillary services.

(June 19, 1934, ch. 652, title II, § 276, as added Pub. L. 104–104, title I, § 151(a), Feb. 8, 1996, 10 Stat. 106; amended Pub. L. 117–338, § 2(a), Jan. 5, 2023, 136 Stat. 6156.)

Notes

Editorial Notes

Amendments2023—Subsec. (b)(1)(A). Pub. L. 117–338, § 2(a)(1), struck out “per call” before “compensation plan” and “each and every” before “completed intrastate”, inserted “, and all rates and charges are just and reasonable,” after “fairly compensated” and “or other calling device” after “their payphone”, and substituted “communications using” for “call using”. Subsec. (d). Pub. L. 117–338, § 2(a)(2), inserted “and advanced communications services described in subparagraphs (A), (B), (D), and (E) of section 153(1) of this title” after “inmate telephone service”.