47 U.S.C. § 157 — New technologies and services

Page 38 TITLE 47—TELECOMMUNICATIONS § 157 738; amended Pub. L. 98–214, § 2(a), Dec. 8, 1983, 97 Stat. 1467; Pub. L. 99–272, title V, § 5002(a)(1), Apr. 7, 1986, 100 Stat. 117; Pub. L. 100–594, § 2(a), Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101–396, § 2(a), Sept. 28, 1990, 104 Stat. 848; Pub. L. 103–66, title VI, § 6003(b), Aug. 10, 1993, 107 Stat. 401; Pub. L. 115–141, div. P, title I, § 101(a), Mar. 23, 2018, 132 Stat. 1081.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–141 amended section generally. Prior to amendment, section related to authorization of ap- propriations for fiscal years 1990 and 1991. 1993—Subsec. (d). Pub. L. 103–66 added subsec. (d). 1990—Pub. L. 101–396 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated for the administration of this chapter by the Commission $107,250,000 for fiscal year 1988 and $109,250,000 for fiscal year 1989, together with such sums as may be necessary for increases re- sulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1988 and 1989.’’ 1988—Pub. L. 100–594 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated for the administration of this chapter by the Commission $98,100,000 for fiscal year 1986 and $97,600,000 for fiscal year 1987, together with such sums as may be necessary for increases re- sulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1986 and 1987.’’ 1986—Pub. L. 99–272 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated for the administration of this chapter by the Commission $91,156,000, together with such sums as may be necessary for increases re- sulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1984 and 1985.’’ 1983—Pub. L. 98–214 substituted provisions author- izing appropriations of $91,156,000 for each of the fiscal years 1984 and 1985 for provisions authorizing appro- priations of $76,900,000 for each of the fiscal years 1982 and 1983. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–141, div. P, title I, § 103, Mar. 23, 2018, 132 Stat. 1086, provided that: ‘‘This title [enacting section 159a of this title, amending this section and sections 158, 159, and 309 of this title, enacting provisions set out as notes under sections 158 and 159 of this title, and re- pealing provisions set out as a note under this section] and the amendments made by this title shall take ef- fect on October 1, 2018.’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–594, § 2(b), Nov. 3, 1988, 102 Stat. 3021, pro- vided that: ‘‘The amendment made by subsection (a) of this section [amending this section] shall apply with respect to fiscal years beginning after September 30, 1987.’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–272, title V, § 5002(a)(2), Apr. 7, 1986, 100 Stat. 118, provided that: ‘‘The amendment made by paragraph (1) of this subsection [amending this section] shall apply with respect to fiscal years beginning after September 30, 1985.’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–214, § 2(b), Dec. 8, 1983, 97 Stat. 1467, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to fis- cal years beginning after September 30, 1983.’’ AUTHORIZATION OF APPROPRIATIONS Pub. L. 104–104, title VII, § 710(a), (b), Feb. 8, 1996, 110 Stat. 160, which authorized additional appropriations to the Federal Communications Commission, was repealed by Pub. L. 115–141, div. P, title I, § 101(c)(1), Mar. 23, 2018, 132 Stat. 1082. § 157. New technologies and services (a) It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this chapter shall have the burden to dem- onstrate that such proposal is inconsistent with the public interest. (b) The Commission shall determine whether any new technology or service proposed in a pe- tition or application is in the public interest within one year after such petition or applica- tion is filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated. (June 19, 1934, ch. 652, title I, § 7, as added Pub. L. 98–214, § 12, Dec. 8, 1983, 97 Stat. 1471; amended Pub. L. 103–414, title III, § 304(a)(1), Oct. 25, 1994, 108 Stat. 4296.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. AMENDMENTS 1994—Subsec. (b). Pub. L. 103–414 struck out ‘‘or twelve months after December 8, 1983, if later’’ after ‘‘petition or application is filed’’ and after ‘‘12 months after it is initiated’’. Statutory Notes and Related Subsidiaries ADVANCED TELECOMMUNICATIONS INCENTIVES Pub. L. 104–104, title VII, § 706, Feb. 8, 1996, 110 Stat. 153, as amended by Pub. L. 107–110, title X, § 1076(gg), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 110–385, title I, § 103(a), Oct. 10, 2008, 122 Stat. 4096, was transferred and is classified to section 1302 of this title. § 158. Application fees (a) General authority; establishment of schedule The Commission shall assess and collect appli- cation fees at such rates as the Commission shall establish in a schedule of application fees to recover the costs of the Commission to proc- ess applications. (b) Adjustment of schedule (1) In general In every even-numbered year, the Commis- sion shall review the schedule of application fees established under this section and, except as provided in paragraph (2), set a new amount for each fee in the schedule that is equal to