Thanks to all who responded, several people suggested "definitive" sources
for the answer and the attorney is pleased.
Special thanks to Wilson Addo, Pamela Mandel and Rick McKinney!
Summary of responses:
"Notes have the same weight of law as those sections or sections classified
in USCA". Please see article written by Jay Carol Durwood in USCAdvantage
Newsletter (Summer, 2000). It's available on the web
(www.westgroup.com/products/newsletter/usca/usca-summ00.htm).
As noted in the preface to the U.S. Code, it is the U.S. statutes, not the
U.S. Code, that is "positive law". Except for titles of the U.S. Code that
have been enacted into positive law, all other titles of the U.S. Code are
only "prima facie" evidence of the laws, including title 47. It is the
responsibility of the Law Revision Counsel (202-226-2411) in the U.S. House
of Representatives to assign Code sections to newly enacted U.S. public
laws. They apparently decided that Title VI (Effect on Other Laws which
includes sections 601 and 602) of Public Law 104-104, the
"Telecommunications Act of 1996", was of similar subject mater to 47 USC
sec. 152 (Application of Chapter) and placed them in section 152 as a note.
However, they could probably have also decided to assign them new sections
(like 152a and 152b). It doesn't matter. Section 602 of PL 104-104, even
though it was assigned as a note, is the law of the land and it exempts
providers of direct-to-home satellite service from local (but not state)
taxation.
This is one of the items answered in the Legislative Source Book web site
of Law Librarians' Society of Washington, D.C. entitled "Questions and
Answers in Legislative and Regulatory Research". See -
http://www.llsdc.org/sourcebook/legis-Q-and-A.htm
Camille Reynolds
Reference Librarian
Polsinelli Shalton & Welte P.C.
Direct 816.360.4126
Fax 816.753.1536
creynolds@pswlaw.com
Polsinelli Shalton & Welte P.C.
700 W 47th Street Suite 1000
Kansas City, MO 64112
Ph. 816.753.1000
Fax 816.753.1536
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