
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-110 Section 1076(gg)]
[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, 
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 paragraphs (14) and (25), respectively, of section 14101 
    of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
    8801).''

                  Section Referred to in Other Sections

    This section is referred to in sections 225, 925, 927 of this title.
