§ 157. — New technologies and services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC157]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER I--GENERAL PROVISIONS
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.
(June 19, 1934, ch. 652, title I, Sec. 7, as added Pub. L. 98-214,
Sec. 12, Dec. 8, 1983, 97 Stat. 1471; amended Pub. L. 103-414, title
III, Sec. 304(a)(1), Oct. 25, 1994, 108 Stat. 4296.)
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].''
Section Referred to in Other Sections
This section is referred to in sections 225, 925, 927 of this title.
