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Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 157
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01/19/04 Sec. 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 demonstrate that such proposal is
inconsistent with the public interest.
(b) The Commission shall determine whether any new technology or
service proposed in a petition or application is in the public
interest within one year after such petition or application 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.
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".
ADVANCED TELECOMMUNICATIONS INCENTIVES
Pub. L. 104-104, title VII, Sec. 706, Feb. 8, 1996, 110 Stat.
153, as amended by Pub. L. 107-110, title X, Sec. 1076(gg), Jan. 8,
2002, 115 Stat. 2093, provided that:
"(a) In General. - The Commission and each State commission with
regulatory jurisdiction over telecommunications services shall
encourage the deployment on a reasonable and timely basis of
advanced telecommunications capability to all Americans (including,
in particular, elementary and secondary schools and classrooms) by
utilizing, in a manner consistent with the public interest,
convenience, and necessity, price cap regulation, regulatory
forbearance, measures that promote competition in the local
telecommunications market, or other regulating methods that remove
barriers to infrastructure investment.
"(b) Inquiry. - The Commission shall, within 30 months after the
date of enactment of this Act [Feb. 8, 1996], and regularly
thereafter, initiate a notice of inquiry concerning the
availability of advanced telecommunications capability to all
Americans (including, in particular, elementary and secondary
schools and classrooms) and shall complete the inquiry within 180
days after its initiation. In the inquiry, the Commission shall
determine whether advanced telecommunications capability is being
deployed to all Americans in a reasonable and timely fashion. If
the Commission's determination is negative, it shall take immediate
action to accelerate deployment of such capability by removing
barriers to infrastructure investment and by promoting competition
in the telecommunications market.
"(c) Definitions. - For purposes of this subsection:
"(1) Advanced telecommunications capability. - The term
'advanced telecommunications capability' is defined, without
regard to any transmission media or technology, as high-speed,
switched, broadband telecommunications capability that enables
users to originate and receive high-quality voice, data,
graphics, and video telecommunications using any technology.
"(2) Elementary and secondary schools. - The term 'elementary
and secondary schools' means elementary and secondary schools, as
defined in section 9101 of the Elementary and Secondary Education
Act of 1965 [20 U.S.C. 7801]."
Last modified: June 19, 2006
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