47 U.S.C. § 160 — Competition in provision of telecommunications service

submitted 92 years ago by Pub. L. 104-104 to r/title-47-TELECOMMUNICATIONS · 420 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FCC can skip enforcing telecom rules that aren't needed to protect consumers or keep rates fair. Carriers can request this "forbearance," and it's automatically granted after a year if the FCC doesn't act. States can't enforce rules the FCC has waived this way.

(a) Regulatory flexibility: Despite section 332(c)(1)(A), the Commission must "forbear" — meaning stop applying — a rule or part of this chapter to a telecom carrier, service, or group of them, in some or all of their markets, if the Commission decides three things: (1) enforcing the rule isn't needed to keep the carrier's rates, practices, and classifications just, reasonable, and non-discriminatory; (2) enforcing it isn't needed to protect consumers; and (3) not enforcing it fits the public interest. (b) Competitive effect to be weighed: When deciding the "public interest" question in (a)(3), the Commission must consider whether forbearing will boost competition among telecom providers. If it decides forbearance will help competition, that alone can support finding that forbearance serves the public interest. (c) Petition for forbearance: Any telecom carrier, or group of carriers, can petition the Commission to forbear as this section allows, for themselves or a service they offer. If the Commission doesn't deny the petition within one year of receiving it — extendable by 90 more days if needed to properly evaluate it under subsection (a) — the petition counts as automatically granted. The Commission can grant or deny a petition in whole or in part, and must explain its decision in writing. (d) Limitation: Except as section 251(f) allows, the Commission cannot forbear from requirements under sections 251(c) or 271 until it determines those requirements have been fully put into practice. (e) State enforcement after Commission forbearance: Once the Commission forbears from applying a rule under subsection (a), a state commission can't keep applying or enforcing that rule either.

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

(a) Regulatory flexibility

Notwithstanding section 332(c)(1)(A) of this title, the Commission shall forbear from applying any regulation or any provision of this chapter to a telecommunications carrier or telecommunications service, or class of telecommunications carriers or telecommunications services, in any or some of its or their geographic markets, if the Commission determines that—

(1)

enforcement of such regulation or provision is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that telecommunications carrier or telecommunications service are just and reasonable and are not unjustly or unreasonably discriminatory;

(2)

enforcement of such regulation or provision is not necessary for the protection of consumers; and

(3)

forbearance from applying such provision or regulation is consistent with the public interest.

(b) Competitive effect to be weighed

In making the determination under subsection (a)(3), the Commission shall consider whether forbearance from enforcing the provision or regulation will promote competitive market conditions, including the extent to which such forbearance will enhance competition among providers of telecommunications services. If the Commission determines that such forbearance will promote competition among providers of telecommunications services, that determination may be the basis for a Commission finding that forbearance is in the public interest.

Any telecommunications carrier, or class of telecommunications carriers, may submit a petition to the Commission requesting that the Commission exercise the authority granted under this section with respect to that carrier or those carriers, or any service offered by that carrier or carriers. Any such petition shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under subsection (a) within one year after the Commission receives it, unless the one-year period is extended by the Commission. The Commission may extend the initial one-year period by an additional 90 days if the Commission finds that an extension is necessary to meet the requirements of subsection (a). The Commission may grant or deny a petition in whole or in part and shall explain its decision in writing.

(d) Limitation

Except as provided in section 251(f) of this title, the Commission may not forbear from applying the requirements of section 251(c) or 271 of this title under subsection (a) of this section until it determines that those requirements have been fully implemented.

(e) State enforcement after Commission forbearance

A State commission may not continue to apply or enforce any provision of this chapter that the Commission has determined to forbear from applying under subsection (a).

Source credit: (June 19, 1934, ch. 652, title I, § 10, as added Pub. L. 104–104, title IV, § 401, Feb. 8, 1996, 110 Stat. 128.)

history & why it existsrecord from the source credit

1934Enacted · Pub. L. 104-104 · 110 Stat. 128

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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