§1302 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

The Commission and each state telecom regulator must push to get high-speed broadband to all Americans, especially elementary and secondary schools and classrooms. They must use tools like price caps, letting some rules relax, promoting local competition, or other steps that remove barriers to infrastructure investment. Within 30 months after February 8, 1996, and every year after, the Commission must start a public inquiry on whether advanced telecommunications is available to everyone and finish each inquiry within 180 days. If the Commission finds deployment is not happening reasonably and timely, it must act immediately to speed it up by removing investment barriers and promoting competition. Definitions: "Advanced telecommunications capability" means high-speed, switched broadband service that lets users send and receive good-quality voice, data, graphics, and video by any technology. "Elementary and secondary schools" means the schools defined in 20 U.S.C. 7801.

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.

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.

§1302 Advanced Telecommunications Incentives

Summary

Title 47, §1302

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

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