§253 Removal of Barriers to Entry

Summary

No State or local law may stop a company from offering any interstate or intrastate telecommunications service. States may still make rules that are fair to all competitors and follow section 254 to preserve and improve universal service, protect public safety and welfare, keep service quality, and protect consumers. State and local governments can control public rights-of-way and charge fair, nondiscriminatory fees for their use, as long as the fees are publicly disclosed. If the Commission, after notice and a chance for public comment, finds a State or local law breaks these limits, it can stop enforcing that law as needed. This does not change how section 332(c)(3) applies to commercial mobile service providers. A State may require a carrier wanting to serve an area served by a rural telephone company to meet the rules in section 214(e)(1) for eligible carrier status first, except where the rural company has an exemption, suspension, or modification of section 251(c)(4) that prevents a competitor from meeting 214(e)(1), and this does not apply to commercial mobile services.