
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.)
