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Title 47 — Telegraphs, Telephones, and RadiotelegraphsRelease 119-73

§1302 Advanced telecommunications incentives

Title 47 › Chapter CHAPTER 12— - BROADBAND › § 1302

Last updated Apr 6, 2026|Official source

Summary

The Federal Communications Commission (FCC) and state phone regulators must work to make high-speed broadband available to everyone in a fair and timely way. They must use tools like price-cap rules, choosing not to regulate in some areas, encouraging local competition, or other steps that remove obstacles to building networks. Schools and classrooms are explicitly included. The FCC had to start a review within 30 months after February 8, 1996, and then start one every year. Each review must be finished within 180 days. The FCC must decide if broadband is being rolled out fast enough to all Americans. If it finds it is not, the FCC must act right away to speed deployment by removing barriers and boosting competition. As part of the review, the FCC must list places with no broadband provider and, when Census Bureau data is available, report each unserved area’s population, population density, and average per capita income. Definitions: advanced telecommunications capability — fast, switched broadband service that, regardless of technology, lets users send and receive clear voice, data, images, and video. elementary and secondary schools — the schools defined in 20 U.S.C. 7801.

Full Legal Text

Title 47, §1302

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)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)The Commission shall, within 30 months after February 8, 1996, and annually 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)As part of the inquiry required by subsection (b), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability (as defined by subsection (d)(1)) 11 See References in Text note below. and to the extent that data from the Census Bureau is available, determine, for each such unserved area—
(1)the population;
(2)the population density; and
(3)the average per capita income.
(d)For purposes of this subsection: 22 So in original. Probably should be “section:”.
(1)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)The term “elementary and secondary schools” means elementary and secondary schools, as defined in section 7801 of title 20.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsection (d)(1), referred to in subsec. (c), was in the original “section 706(c)(1) of the Telecommunications Act of 1996” and was translated as reading “section 706(d)(1) of the Telecommunications Act of 1996”, which is classified to subsection (d)(1) of this section, to reflect the probable intent of Congress and the redesignation of subsec. (c) as (d) by Pub. L. 110–385, title I, § 103(a)(2), Oct. 10, 2008, 122 Stat. 4096. Codification Section was formerly set out as a note under section 157 of this title. Section was enacted as part of the Telecommunications Act of 1996, and not as part of the Broadband Data Improvement Act which comprises this chapter.

Amendments

2015—Subsec. (d)(2). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. 2008—Subsec. (b). Pub. L. 110–385, § 103(a)(1), substituted “annually” for “regularly”. Subsecs. (c), (d). Pub. L. 110–385, § 103(a)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 2002—Subsec. (c)(2). Pub. L. 107–110 substituted “section 7801 of title 20” for “paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an

Effective Date

note under section 6301 of Title 20, Education. Definitions For definitions of terms used in this section, see section 3(b) of Pub. L. 104–104, set out as a Common Terminology note under section 153 of this title.

Reference

Citations & Metadata

Citation

47 U.S.C. § 1302

Title 47 — Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 6, 2026

Release point: 119-73