
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: 47USC253]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
               Part II--Development of Competitive Markets
 
Sec. 253. Removal of barriers to entry


(a) In general

    No State or local statute or regulation, or other State or local 
legal requirement, may prohibit or have the effect of prohibiting the 
ability of any entity to provide any interstate or intrastate 
telecommunications service.

(b) State regulatory authority

    Nothing in this section shall affect the ability of a State to 
impose, on a competitively neutral basis and consistent with section 254 
of this title, requirements necessary to preserve and advance universal 
service, protect the public safety and welfare, ensure the continued 
quality of telecommunications services, and safeguard the rights of 
consumers.

(c) State and local government authority

    Nothing in this section affects the authority of a State or local 
government to manage the public rights-of-way or to require fair and 
reasonable compensation from telecommunications providers, on a 
competitively neutral and nondiscriminatory basis, for use of public 
rights-of-way on a nondiscriminatory basis, if the compensation required 
is publicly disclosed by such government.

(d) Preemption

    If, after notice and an opportunity for public comment, the 
Commission determines that a State or local government has permitted or 
imposed any statute, regulation, or legal requirement that violates 
subsection (a) or (b) of this section, the Commission shall preempt the 
enforcement of such statute, regulation, or legal requirement to the 
extent necessary to correct such violation or inconsistency.

(e) Commercial mobile service providers

    Nothing in this section shall affect the application of section 
332(c)(3) of this title to commercial mobile service providers.

(f) Rural markets

    It shall not be a violation of this section for a State to require a 
telecommunications carrier that seeks to provide telephone exchange 
service or exchange access in a service area served by a rural telephone 
company to meet the requirements in section 214(e)(1) of this title for 
designation as an eligible telecommunications carrier for that area 
before being permitted to provide such service. This subsection shall 
not apply--
        (1) to a service area served by a rural telephone company that 
    has obtained an exemption, suspension, or modification of section 
    251(c)(4) of this title that effectively prevents a competitor from 
    meeting the requirements of section 214(e)(1) of this title; and
        (2) to a provider of commercial mobile services.

(June 19, 1934, ch. 652, title II, Sec. 253, as added Pub. L. 104-104, 
title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 70.)

                  Section Referred to in Other Sections

    This section is referred to in section 252 of this title.
