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47 U.S.C. § 160 — Competition in provision of telecommunications service
Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulatory flexibility** Notwithstanding [section 332(c)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332/c/1/A&num=0&edition=prelim), 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.
**(c) Petition for forbearance** Any telecommunications carrier, or class of telecommunications carriers, may submit a petition to the Commission requesting that the Commission exercise the authority gra
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 160
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Stable record: federal_law:legal_authorities:record_usc_a36923e4046d6bf70d040247
Source file: Laws/federal/codes/united-states-code/title-47/section-160-competition-in-provision-of-telecommunications-service--f4785d9b0f.md
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Source location: Title 47, Chapter 5, § 160; chapter-005-wire-or-radio-communication.md
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**(a) Regulatory flexibility** Notwithstanding [section 332(c)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332/c/1/A&num=0&edition=prelim), 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.
**(c) Petition for forbearance** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section251/f&num=0&edition=prelim), 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).
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Communications Act of 1934.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 609
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this chapter, the Commission from time to time, as public convenience, interest, or necessity requires, shall—
**(a)** Classify radio stations;
**(b)** Prescribe the nature of the service to be rendered by each class of licensed stations and each station within any class;
**(c)** Assign bands of frequencies to the various classes of stations, and assign frequencies for each individual station and determine the power which each station shall use and the time during which it may operate;
**(d)** Determine the location of classes of stations or individual stations;
**(e)** Regulate the kind of apparatus to be used with respect to its external effects and the purity and sharpness of the emissions from each station and from the apparatus therein;
**(f)** Make such regulations not inconsistent with law as it may deem necessary to prevent interference between stations and to carry out the provisions of this chapter: Provided, however, That changes in the frequencies, authorized power, or in the times of operation of any station, shall not be made without the consent of the station licensee unless the Commission shall determine that such changes will promote public convenience or interest or will serve public necessity, or the provisions of this chapter will be more fully complied with;
**(g)** Study new uses for radio, provide for experimental uses of frequencies, and generally encourage the larger and more effective use of radio in the public interest;
**(h)** Have authority to establish areas or zones to be served by any station;
**(i)** Have authority to make special regulations applicable to radio stations engaged in chain broadcasting;
**(j)** Have authority to make general rules and regulations requiring stations to keep such rec
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 303
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Federal law — U.S. Code and appendices · legal_authorities
Page 42
TITLE 47—TELECOMMUNICATIONS
§ 160
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 2018, see section 103 of div. P
of Pub. L. 115–141, set out as an Effective Date of 2018
Amendment note under section 156 of this title.
§ 160. Competition in provision of telecommuni-
cations service
(a) Regulatory flexibility
Notwithstanding section 332(c)(1)(A) of this
title, the Commission shall forbear from apply-
ing any regulation or any provision of this chap-
ter to a telecommunications carrier or tele-
communications
service,
or
class
of
tele-
communications carriers or telecommunications
services, in any or some of its or their geo-
graphic markets, if the Commission determines
that—
(1) enforcement of such regulation or provi-
sion is not necessary to ensure that the
charges, practices, classifications, or regula-
tions by, for, or in connection with that tele-
communications
carrier
or
telecommuni-
cations service are just and reasonable and are
not unjustly or unreasonably discriminatory;
(2) enforcement of such regulation or provi-
sion is not necessary for the protection of con-
sumers; and
(3) forbearance from applying such provision
or regulation is consistent with the public in-
terest.
(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 reg-
ulation will promote competitive market condi-
tions, including the extent to which such for-
bearance will enhance competition among pro-
viders of telecommunications services. If the
Commission determines that such forbearance
will promote competition among providers of
telecommunications services, that determina-
tion may be the basis for a
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 160
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