United StatesCommunications Act of 1934, common carrier duties and the information service definition
In force.
A common carriage rule binding private bodies.
As of .
What it requires
- If you provide a telecommunications service, offering telecommunications for a fee directly to the public, you are treated as a common carrier for that service: furnish it upon reasonable request and keep every charge, practice, classification, and regulation for it just and reasonable (s. 201).
- Do not make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for like communication service, and do not give any undue or unreasonable preference or advantage to a particular person, class of persons, or locality (s. 202(a)).
These lines are LexLint's reading of the law's text, as of . Also read by: Ohio Telecom Association v. FCC, 124 F.4th 993 (6th Cir. 2025) (recorded ).
Who enforces it
Settledness
- As of
- Case link
- https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0002p-06.pdf
- Case citation
- Ohio Telecom Association v. FCC, 124 F.4th 993 (6th Cir. 2025)
- Open questions
- Is a service that offers a capability for processing information via telecommunications, and that also transmits information between points the user specifies, an "information service" under section 153(24) or a "telecommunications service" under section 153(53)?
What this law does
Section 201(a) of the Communications Act makes it the duty of every common carrier engaged in interstate or foreign communication by wire or radio to furnish communication service upon reasonable request. Section 201(b) declares unlawful any charge, practice, classification, or regulation in connection with that service that is unjust or unreasonable.
Section 202(a) makes it unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service. These duties are laid on the common carrier that provides the communication service.
A telecommunications carrier, which is any provider of telecommunications services, is treated as a common carrier only to the extent that it is engaged in providing telecommunications services. Telecommunications service is the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
An information service is the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications. The Communications Act of 1934 took effect upon the organization of the Federal Communications Commission, except sections 1 and 4, which took effect .
When LexLint raises it
When your app profile says your app provides telecom services.