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47 U.S.C. § 253 — Removal of barriers to entry
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section254&num=0&edition=prelim), 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.
**(c) State and local government authority** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332/c/3&num=0&
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Stable record: federal_law:legal_authorities:record_usc_b07b6b5fa9eadd2b6a77b84f
Source file: Laws/federal/codes/united-states-code/title-47/section-253-removal-of-barriers-to-entry--30540b8b21.md
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Passage SHA-256: b20bed2165b89b2a8f9b798648a02d6bd89eacb7f4b5467dd63cd97a0480a2dc
Source location: Title 47, Chapter 5, § 253; chapter-005-wire-or-radio-communication.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section254&num=0&edition=prelim), 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.
**(c) State and local government authority** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332/c/3&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section214/e/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section251/c/4&num=0&edition=prelim) that effectively prevents a competitor from meeting the requirements of [section 214(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section214/e/1&num=0&edition=prelim); and
(2) to a provider of commercial mobile services.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures to review universal service requirements**
(1) **Federal-State Joint Board on universal service** — Within one month after February 8, 1996, the Commission shall institute and refer to a Federal-State Joint Board under [section 410(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section410/c&num=0&edition=prelim) a proceeding to recommend changes to any of its regulations in order to implement sections 214(e) of this title and this section, including the definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for completion of such recommendations. In addition to the members of the Joint Board required under [section 410(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section410/c&num=0&edition=prelim), one member of such Joint Board shall be a State-appointed utility consumer advocate nominated by a national organization of State utility consumer advocates. The Joint Board shall, after notice and opportunity for public comment, make its recommendations to the Commission 9 months after February 8, 1996.
(2) **Commission action** — The Commission shall initiate a single proceeding to implement the recommendations from the Joint Board required by paragraph (1) and shall complete such proceeding within 15 months after February 8, 1996. The rules established by such proceeding shall include a definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for implementation. Thereafter, the Commission shall complete any proceeding to implement subsequent recommendations from any Joint Board on universal service within one year after receiving such recommendations
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 254
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Basic Principles Governing Research and Technology Investments.—**
(1) **Applicability.—** — The research, development, and technology provisions of this section shall apply throughout this chapter.
(2) **Coverage.—** — Surface transportation research and technology development shall include all activities within the innovation lifecycle leading to technology development and transfer, as well as the introduction of new and innovative ideas, practices, and approaches, through such mechanisms as field applications, education and training, communications, impact analysis, and technical support.
(3) **Federal responsibility.—** — Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when the work—
(A) is of national significance;
(B) delivers a clear public benefit and occurs where private sector investment is less than optimal;
(C) supports a Federal stewardship role in assuring that State and local governments use national resources efficiently;
(D) meets and addresses current or emerging needs;
(E) addresses current gaps in research;
(F) presents the best means to align resources with multiyear plans and priorities;
(G) ensures the coordination of highway research and technology transfer activities, including through activities performed by university transportation centers;
(H) educates transportation professionals; or
(I) presents the best means to support Federal policy goals compared to other policy alternatives.
(4) **Role.—** — Consistent with these Federal responsibilities, the Secretary shall—
(A) conduct research;
(B) partner with State highway agencies and other stakeholders as appropriate to facilitate research and
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 502
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements arrived at through negotiation**
(1) **Voluntary negotiations** — Upon receiving a request for interconnection, services, or network elements pursuant to [section 251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section251&num=0&edition=prelim), an incumbent local exchange carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier or carriers without regard to the standards set forth in subsections (b) and (c) of [section 251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section251&num=0&edition=prelim). The agreement shall include a detailed schedule of itemized charges for interconnection and each service or network element included in the agreement. The agreement, including any interconnection agreement negotiated before February 8, 1996, shall be submitted to the State commission under subsection (e) of this section.
(2) **Mediation** — Any party negotiating an agreement under this section may, at any point in the negotiation, ask a State commission to participate in the negotiation and to mediate any differences arising in the course of the negotiation.
**(b) Agreements arrived at through compulsory arbitration**
(1) **Arbitration** — During the period from the 135th to the 160th day (inclusive) after the date on which an incumbent local exchange carrier receives a request for negotiation under this section, the carrier or any other party to the negotiation may petition a State commission to arbitrate any open issues.
(2) **Duty of petitioner**
(A) A party that petitions a State commission under paragraph (1) shall, at the same time as it submits the petition, provide the State commission all relevant documentation conce
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 252
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Federal law — U.S. Code and appendices · legal_authorities
Page 99
TITLE 47—TELECOMMUNICATIONS
§ 254
(4) Authority to continue review
Paragraph (3) shall not preclude the State
commission from continuing to review a state-
ment that has been permitted to take effect
under subparagraph (B) of such paragraph or
from approving or disapproving such state-
ment under paragraph (2).
(5) Duty to negotiate not affected
The submission or approval of a statement
under this subsection shall not relieve a Bell
operating company of its duty to negotiate the
terms and conditions of an agreement under
section 251 of this title.
(g) Consolidation of State proceedings
Where not inconsistent with the requirements
of this chapter, a State commission may, to the
extent practical, consolidate proceedings under
sections 214(e), 251(f), 253 of this title, and this
section in order to reduce administrative bur-
dens on telecommunications carriers, other par-
ties to the proceedings, and the State commis-
sion in carrying out its responsibilities under
this chapter.
(h) Filing required
A State commission shall make a copy of each
agreement approved under subsection (e) and
each statement approved under subsection (f)
available for public inspection and copying with-
in 10 days after the agreement or statement is
approved. The State commission may charge a
reasonable and nondiscriminatory fee to the
parties to the agreement or to the party filing
the statement to cover the costs of approving
and filing such agreement or statement.
(i) Availability to other telecommunications car-
riers
A local exchange carrier shall make available
any interconnection, service, or network ele-
ment provided under an agreement approved
under this section to which it is a party to any
other requesting telecommunications carrier
upon the sam
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 253
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