47 U.S.C. § 161 — Regulatory reform

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 Commission finding that forbearance is in the public interest. (c) Petition for forbearance Any telecommunications carrier, or class of telecommunications carriers, may submit a pe- tition 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 Commis- sion. 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 ap- plying 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 forbear- ance 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). (June 19, 1934, ch. 652, title I, § 10, as added Pub. L. 104–104, title IV, § 401, Feb. 8, 1996, 110 Stat. 128.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (e), 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 complete classification of this Act to the Code, see section 609 of this title and Tables. § 161. Regulatory reform (a) Biennial review of regulations In every even-numbered year (beginning with 1998), the Commission— (1) shall review all regulations issued under this chapter in effect at the time of the review that apply to the operations or activities of any provider of telecommunications service; and (2) shall determine whether any such regula- tion is no longer necessary in the public inter- est as the result of meaningful economic com- petition between providers of such service. (b) Effect of determination The Commission shall repeal or modify any regulation it determines to be no longer nec- essary in the public interest. (June 19, 1934, ch. 652, title I, § 11, as added Pub. L. 104–104, title IV, § 402(a), Feb. 8, 1996, 110 Stat. 129.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), 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. § 162. Additional research authorities of the FCC In order to carry out the purposes of this chap- ter, the Commission may— (1) undertake research and development work in connection with any matter in rela- tion to which the Commission has jurisdic- tion; and (2) promote the carrying out of such re- search and development by others, or other- wise to arrange for such research and develop- ment to be carried out by others. (June 19, 1934, ch. 652, title I, § 12, as added Pub. L. 111–358, title VIII, § 803, Jan. 4, 2011, 124 Stat. 4043.)