Hush-A-Phone Corp. v. United States | |
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Court | United States Court of Appeals for the District of Columbia Circuit |
Full case name | Hush-A-Phone Corporation and Harry C. Tuttle, Petitioners v. United States of America and Federal Communications Commission, Respondents, and American Telephone and Telegraph Company et al., and United States Independent Telephone Association, Intervenors |
Argued | October 4 1956 |
Decided | November 8 1956 |
Citation | 238 F.2d 266; 99 U.S. App. D.C. 190; 1956 U.S. App. LEXIS 4023 |
Holding | |
Tariffs on Hush-A-Phone device were unwarranted interference with telephone subscriber's right reasonably to use his telephone in ways which are privately beneficial without being publicly detrimental. FCC order set aside and proceedings remanded. | |
Court membership | |
Judges sitting | Chief Judge Henry White Edgerton; Circuit Judges Wilbur Kingsbury Miller, David L. Bazelon |
Case opinions | |
Majority | Bazelon, joined by Edgerton, Miller |
Laws applied | |
Communications Act of 1934 |
Hush-A-Phone v. United States, 238 F.2d 266 (D.C. Cir. 1956) was a seminal ruling in United States telecommunications decided by the D.C. Circuit Court of Appeals. Hush-A-Phone Corporation marketed a small, cup-like device which mounted on the speaking party's microphone, reducing the risk of conversations being overheard and increasing sound fidelity for the listening party. At the time, AT&T had a near-monopoly on America's phone system, even controlling the equipment attached to its network. In this era, Americans had to lease equipment from "Ma Bell" or use approved devices. At this time Hush-A-Phone had been around for 20 years without any issues. However, when an AT&T lawyer saw one in a store window, the company decided to sue on the grounds that anything attached to a phone could damage their network. [1]
AT&T, citing the Communications Act of 1934, which stated in part that the company had the right to make changes and dictate "the classifications, practices, and regulations affecting such charges," claimed the right to "forbid attachment to the telephone of any device 'not furnished by the telephone company.'"
Initially, the Federal Communications Commission (FCC) ruled in AT&T's favor. It found that the device was a "foreign attachment" subject to AT&T control and that unrestricted use of the device could, in the commission's opinion, result in a general deterioration of the quality of telephone service. [2]
A federal appeals court dismissed AT&T's claim. The court's decision stated that AT&T's prohibition of the device was not "just, fair, and reasonable," as required under the Communications Act of 1934. Per the judgment, the device "does not physically impair any of the facilities of the telephone companies," nor did it "affect more than the conversation of the user." The court thus exonerated Hush-A-Phone and prohibited further interference by AT&T toward Hush-A-Phone users.
After the ruling, it was still illegal to connect some equipment to the AT&T network. For example, Modems could not electronically connect to the phone system. Instead, Americans had to connect their modems mechanically by attaching a phone receiver to an acoustic coupler via suction cups. [3]
Regardless, the victory for Hush-A-Phone was widely considered a watershed moment in the development of a secondary market for terminal equipment and the breakup of the Bell System. This landmark decision, and the related Carterfone decision, were seen as precursors to the entry of MCI Communications, the development of more pervasive telecom competition, and the creation of FCC regulations to let users more freely use America's phone network. These changes were perhaps best seen in 1981 when the Hayes Smartmodem electronically connected home computers to the internet for the first time. [4] [ failed verification ]
In telecommunications, an acoustic coupler is an interface device for coupling electrical signals by acoustical means—usually into and out of a telephone.
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The term data access arrangement (DAA) has the following meanings:
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The Federal Communications Commission (FCC) is an independent agency of the United States government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdiction over the areas of broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security.
Voice over Internet Protocol (VoIP), also known as IP telephony, refers to a set of technologies used for voice communication sessions over Internet Protocol (IP) networks, such as the Internet. VoIP enables voice calls to be transmitted as data packets, facilitating various methods of voice communication, including traditional applications like Skype, Microsoft Teams, Google Voice, and VoIP phones. Regular telephones can also be used for VoIP by connecting them to the Internet via analog telephone adapters (ATAs), which convert traditional telephone signals into digital data packets that can be transmitted over IP networks.
Caller identification is a telephone service, available in analog and digital telephone systems, including voice over IP (VoIP), that transmits a caller's telephone number to the called party's telephone equipment when the call is being set up. The caller ID service may include the transmission of a name associated with the calling telephone number, in a service called Calling Name Presentation (CNAM). The service was first defined in 1993 in International Telecommunication Union – Telecommunication Standardization Sector (ITU-T) Recommendation Q.731.3.
In telephony, the demarcation point is the point at which the public switched telephone network ends and connects with the customer's on-premises wiring. It is the dividing line which determines who is responsible for installation and maintenance of wiring and equipment—customer/subscriber, or telephone company/provider. The demarcation point varies between countries and has changed over time.
A registered jack (RJ) is a standardized telecommunication network interface for connecting voice and data equipment to a computer service provided by a local exchange carrier or long distance carrier. Registered interfaces were first defined in the Universal Service Ordering Code (USOC) system of the Bell System in the United States for complying with the registration program for customer-supplied telephone equipment mandated by the Federal Communications Commission (FCC) in the 1970s. Subsequently, in 1980 they were codified in title 47 of the Code of Federal Regulations Part 68. Registered jack connections began to see use after their invention in 1973 by Bell Labs. The specification includes physical construction, wiring, and signal semantics. Accordingly, registered jacks are primarily named by the letters RJ, followed by two digits that express the type. Additional letter suffixes indicate minor variations. For example, RJ11, RJ14, and RJ25 are the most commonly used interfaces for telephone connections for one-, two-, and three-line service, respectively. Although these standards are legal definitions in the United States, some interfaces are used worldwide.
The Carterfone is a device invented by Thomas Carter. It connects a two-way radio system to the telephone system, allowing someone on the radio to talk to someone on the phone. This makes it a direct predecessor to today's autopatch. The connection is acoustic -- sound travels through the air between the Carterfone and a conventional telephone that is part of the telephone system.
In telecommunications, interconnection is the physical linking of a carrier's network with equipment or facilities not belonging to that network. The term may refer to a connection between a carrier's facilities and the equipment belonging to its customer, or to a connection between two or more carriers.
In telecommunication, triple play is the provision of broadband internet, television, and telephony over a single connection. This approach emphasizes the supplier convergence of multiple services, aiming to enhance user convenience and streamline service delivery.
National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967 (2005), was a United States Supreme Court case in which the court held that decisions by the Federal Communications Commission (FCC) on how to regulate Internet service providers are eligible for Chevron deference, in which the judiciary defers to an administrative agency's expertise under its governing statutes. While the case concerned routine regulatory processes at the FCC and applied to interpretations of the Communications Act of 1934 and Telecommunications Act of 1996, the ruling has become an important precedent on the matter of regulating network neutrality in the United States.
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The Hush-A-Phone was a device designed to attach to the transmitter of a telephone to reduce noise pollution and increase privacy. Sold by the Hush-A-Phone company, the device was frequently described in its commercial advertisements as "a voice silencer designed for confidential conversation, clear transmission and office quiet. Not a permanent attachment. Slips right on and off the mouthpiece of any phone".
CT2 is a cordless telephony standard that was used in the early 1990s to provide short-range proto-mobile phone service in some countries in Europe and in Hong Kong. It is considered the precursor to the more successful DECT system. CT2 was also referred to by its marketing name, Telepoint.
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A modulator-demodulator, commonly referred to as a modem, is a computer hardware device that converts data from a digital format into a format suitable for an analog transmission medium such as telephone or radio. A modem transmits data by modulating one or more carrier wave signals to encode digital information, while the receiver demodulates the signal to recreate the original digital information. The goal is to produce a signal that can be transmitted easily and decoded reliably. Modems can be used with almost any means of transmitting analog signals, from LEDs to radio.
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