47 U.S.C. § 253 — Removal of barriers to entry

submitted 92 years ago by Pub. L. 104-104 to r/title-47-TELECOMMUNICATIONS · 361 words · no verdicts yet

in plain englishAI-generated · not legal advice

States and local governments can't pass laws that block companies from offering phone service. States can still set rules to protect universal service, safety, and service quality, as long as those rules apply equally to everyone. The FCC can override any state or local law that breaks these limits.

(a) In general — No state or local statute, regulation, or other legal requirement can prohibit, or have the effect of prohibiting, any entity's ability to provide interstate or intrastate telecommunications service. (b) State regulatory authority — This section doesn't stop a state from imposing requirements — applied on a competitively neutral basis, and consistent with section 254 — to preserve and advance universal service, protect public safety and welfare, keep telecommunications service quality up, and protect consumers' rights. (c) State and local government authority — This section doesn't affect a state or local government's authority to manage public rights-of-way, or to require fair and reasonable compensation from telecommunications providers — on a competitively neutral, nondiscriminatory basis — for using public rights-of-way, as long as the government publicly discloses the compensation it requires. (d) Preemption — After notice and a chance for public comment, if the FCC decides that a state or local government has permitted or imposed a law that violates subsection (a) or (b), the FCC must preempt enforcement of that law to the extent needed to fix the violation. (e) Commercial mobile service providers — This section doesn't change how section 332(c)(3) applies to commercial mobile service providers. (f) Rural markets — It doesn't violate this section for a state to require a carrier that wants to provide phone service in an area served by a rural telephone company to first qualify, under section 214(e)(1), as an eligible telecommunications carrier for that area. But this rule doesn't apply (1) to a rural telephone company's service area if that company has already gotten an exemption, suspension, or change to section 251(c)(4) that effectively stops a competitor from meeting the section 214(e)(1) requirements; or (2) to a provider of commercial mobile services.

the actual law source: uscode.house.gov ↗public domain

(a) In general

No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.

(b) State regulatory authority

Nothing in this section shall affect the ability of a State to impose, on a competitively neutral basis and consistent with section 254 of this title, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers.

Nothing in this section affects the authority of a State or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government.

(d) Preemption

If, after notice and an opportunity for public comment, the Commission determines that a State or local government has permitted or imposed any statute, regulation, or legal requirement that violates subsection (a) or (b), the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency.

(e) Commercial mobile service providers

Nothing in this section shall affect the application of section 332(c)(3) of this title to commercial mobile service providers.

(f) Rural markets

It shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section 214(e)(1) of this title for designation as an eligible telecommunications carrier for that area before being permitted to provide such service. This subsection shall not apply—

(1)

to a service area served by a rural telephone company that has obtained an exemption, suspension, or modification of section 251(c)(4) of this title that effectively prevents a competitor from meeting the requirements of section 214(e)(1) of this title; and

(2)

to a provider of commercial mobile services.

Source credit: (June 19, 1934, ch. 652, title II, § 253, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 70.)

history & why it existsrecord from the source credit

1934Enacted · Pub. L. 104-104 · 110 Stat. 70

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-104 on 1934-06-19.

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