Title 47 — Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60

§253 Removal of Barriers to Entry

Title 47 › Chapter 5— WIRE OR RADIO COMMUNICATION › Subchapter II— COMMON CARRIERS › Part II— Development of Competitive Markets › § 253

Last updated Apr 5, 2026|Official source

Summary

No state or local law may stop a company from offering any interstate or intrastate telecommunications service. States can still make rules that are fair to all competitors and follow section 254 to keep universal service, protect public safety, keep service quality, and protect consumers. Local governments can manage public rights-of-way and charge fair, publicly disclosed fees for use of those rights-of-way, as long as the fees are not discriminatory. If the FCC, after notice and public comment, finds a state or local rule that breaks these limits, the FCC must stop enforcing that rule as needed. This does not change how section 332(c)(3) applies to commercial mobile service providers. A state may also require a carrier wanting to provide local exchange service in a rural telephone company’s area to meet the section 214(e)(1) eligible-carrier rules first, except where a rural carrier has an exemption, suspension, or change of section 251(c)(4) that prevents a competitor from meeting 214(e)(1), and except for commercial mobile service providers.

Full Legal Text

Title 47, §253

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

(a)No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.

(b)Nothing in this section shall affect the ability of a State to impose, on a competitively neutral basis and consistent with section 254 of this title, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers.

(c)Nothing in this section affects the authority of a State or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government.

(d)If, after notice and an opportunity for public comment, the Commission determines that a State or local government has permitted or imposed any statute, regulation, or legal requirement that violates subsection (a) or (b), the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency.

(e)Nothing in this section shall affect the application of section 332(c)(3) of this title to commercial mobile service providers.

(f)It shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section 214(e)(1) of this title for designation as an eligible telecommunications carrier for that area before being permitted to provide such service. This subsection shall not apply—

(1)to a service area served by a rural telephone company that has obtained an exemption, suspension, or modification of section 251(c)(4) of this title that effectively prevents a competitor from meeting the requirements of section 214(e)(1) of this title; and

(2)to a provider of commercial mobile services.

Reference

Citations & Metadata

Citation

47 U.S.C. § 253

Title 47 — Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 5, 2026

Release point: 119-73not60