Communications Act of 1934

Title I of the Communications Act of 1934 states that the Act “applies to all interstate and foreign communications by wire or radio,” and the legislative history of the Act indicates that the Federal Communications Commission (FCC) has “regulatory power over all forms of electrical communication,” even those not explicitly mentioned in the Act. Title I confers upon the Commission the authority to promulgate regulations “reasonably ancillary to the effective performance of the Commission’s various responsibilities” outlined elsewhere in the Act.

Title II of the Communications Act, imposes certain specific requirements on common carriers in their provision of telecommunications services. Generally, Title II requires common carriers to provide service “upon reasonable request therefor,” and at a “just and reasonable” rate. Under Title II, common carriers are also required to provide services without “unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services.” In addition, the act requires certain carriers to provide potential competitors with access to their network. Entities regulated under Title II may also be subject to additional requirements governing universal service support, the provision of disability access, public safety, consumer protection, and law enforcement access.