47 U.S.C. § 1302 | Advanced telecommunications incentives

(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

February 8, 1996The Commission shall, within 30 months after , 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)

Demographic information for unserved areas

1 See References in Text note below.

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))  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)

Definitions

2 So in original. Probably should be “section:”.

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

section 7801 of title 20The term “elementary and secondary schools” means elementary and secondary schools, as defined in .

Pub. L. 104–104, title VII, § 706Feb. 8, 1996110 Stat. 153 Pub. L. 107–110, title X, § 1076(gg)Jan. 8, 2002115 Stat. 2093 Pub. L. 110–385, title I, § 103(a)Oct. 10, 2008122 Stat. 4096 Pub. L. 114–95, title IX, § 9215(ttt)Dec. 10, 2015129 Stat. 2190(, , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 110–385, title I, § 103(a)(2)Oct. 10, 2008122 Stat. 4096Subsection (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 , , .

Codification

section 157 of this titleSection was formerly set out as a note under .

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

Pub. L. 114–95 section 7801 of title 202015—Subsec. (d)(2). made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 110–385, § 103(a)(1)2008—Subsec. (b). , substituted “annually” for “regularly”.

Pub. L. 110–385, § 103(a)(2)Subsecs. (c), (d). , (3), added subsec. (c) and redesignated former subsec. (c) as (d).

Pub. L. 107–110 section 7801 of title 20 20 U.S.C. 88012002—Subsec. (c)(2). substituted “” for “paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965 ()”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.

Effective Date of 2002 Amendment

Pub. L. 107–110Jan. 8, 2002section 5 of Pub. L. 107–110 section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as an Effective Date note under , Education.

Definitions

section 3(b) of Pub. L. 104–104 section 153 of this titleFor definitions of terms used in this section, see , set out as a Common Terminology note under .