§ 160. — Competition in provision of telecommunications service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC160]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 160. Competition in provision of telecommunications service
(a) Regulatory flexibility
Notwithstanding section 332(c)(1)(A) of this title, the Commission
shall forbear from applying any regulation or any provision of this
chapter to a telecommunications carrier or telecommunications service,
or class of telecommunications carriers or telecommunications services,
in any or some of its or their geographic markets, if the Commission
determines that--
(1) enforcement of such regulation or provision is not necessary
to ensure that the charges, practices, classifications, or
regulations by, for, or in connection with that telecommunications
carrier or telecommunications service are just and reasonable and
are not unjustly or unreasonably discriminatory;
(2) enforcement of such regulation or provision is not necessary
for the protection of consumers; and
(3) forbearance from applying such provision or regulation is
consistent with the public interest.
(b) Competitive effect to be weighed
In making the determination under subsection (a)(3) of this section,
the Commission shall consider whether forbearance from enforcing the
provision or regulation will promote competitive market conditions,
including the extent to which such forbearance will enhance competition
among providers of telecommunications services. If the Commission
determines that such forbearance will promote competition among
providers of telecommunications services, that determination may be the
basis for a Commission finding that forbearance is in the public
interest.
(c) Petition for forbearance
Any telecommunications carrier, or class of telecommunications
carriers, may submit a petition to the Commission requesting that the
Commission exercise the authority granted under this section with
respect to that carrier or those carriers, or any service offered by
that carrier or carriers. Any such petition shall be deemed granted if
the Commission does not deny the petition for failure to meet the
requirements for forbearance under subsection (a) of this section within
one year after the Commission receives it, unless the one-year period is
extended by the Commission. The Commission may extend the initial one-
year period by an additional 90 days if the Commission finds that an
extension is necessary to meet the requirements of subsection (a) of
this section. The Commission may grant or deny a petition in whole or in
part and shall explain its decision in writing.
(d) Limitation
Except as provided in section 251(f) of this title, the Commission
may not forbear from applying the requirements of section 251(c) or 271
of this title under subsection (a) of this section until it determines
that those requirements have been fully implemented.
(e) State enforcement after Commission forbearance
A State commission may not continue to apply or enforce any
provision of this chapter that the Commission has determined to forbear
from applying under subsection (a) of this section.
(June 19, 1934, ch. 652, title I, Sec. 10, as added Pub. L. 104-104,
title IV, Sec. 401, Feb. 8, 1996, 110 Stat. 128.)
