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

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 same terms and conditions as those provided in the agreement. (j) ‘‘Incumbent local exchange carrier’’ defined For purposes of this section, the term ‘‘incum- bent local exchange carrier’’ has the meaning provided in section 251(h) of this title. (June 19, 1934, ch. 652, title II, § 252, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 66.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (g), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. § 253. Removal of barriers to entry (a) In general No State or local statute or regulation, or other State or local legal requirement, may pro- hibit or have the effect of prohibiting the ability of any entity to provide any interstate or intra- state 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. (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 rea- sonable compensation from telecommunications providers, on a competitively neutral and non- discriminatory basis, for use of public rights-of- way on a nondiscriminatory basis, if the com- pensation 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 im- posed any statute, regulation, or legal require- ment 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 appli- cation of section 332(c)(3) of this title to com- mercial 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 require- ments in section 214(e)(1) of this title for des- ignation as an eligible telecommunications car- rier for that area before being permitted to pro- vide such service. This subsection shall not apply— (1) to a service area served by a rural tele- phone company that has obtained an exemp- tion, 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 serv- ices. (June 19, 1934, ch. 652, title II, § 253, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 70.) § 254. Universal service (a) Procedures to review universal service re- quirements (1) Federal-State Joint Board on universal service Within one month after February 8, 1996, the Commission shall institute and refer to a Fed- eral-State Joint Board under section 410(c) of this title a proceeding to recommend changes to any of its regulations in order to implement sections 214(e) of this title and this section, in-