Title 47 — Telecommunications
Chapter 12 — Broadband
§ 1302. Advanced telecommunications incentives
Statutory text
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.
Inquiry
The 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.
Demographic information for unserved areas
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)) 1 and to the extent that data from the Census Bureau is available, determine, for each such unserved area—
the population;
the population density; and
the average per capita income.
Definitions
For purposes of this subsection: 2
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.
Elementary and secondary schools
The term “elementary and secondary schools” means elementary and secondary schools, as defined in section 7801 of title 20.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 104–104 title VII § 706 · 110 Stat. 153
Enacted · 47 U.S.C. § 1302
Pub. L. 104–104, title VII, § 706, Feb. 8, 1996, 110 Stat. 153
Source evidence
Code source credit
Pub. L. 104–104, title VII, § 706, Feb. 8, 1996, 110 Stat. 153Pub. L. 107–110 title X § 1076(gg) · 115 Stat. 1425
Substituted · 47 U.S.C. § 1302(c)(2)
Pub. L. 107–110 substituted “section 7801 of title 20” for “paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 107–110 substituted “section 7801 of title 20” for “paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)”.Enacted provision · exact public law section
(gg) Telecommunications Act of 1996.— Section 706(c)(2) of the Telecommunications Act of 1996 (47 U.S.C. 157 note) is amended— (1) by striking “paragraphs (14) and (25), respectively, of section 14101” and inserting “section 9101”; and (2) by striking “(20 U.S.C. 8801)”.Broadband Data Improvement Act
Pub. L. 110–385 § 103(a)(1) · 122 Stat. 4096
Substituted · 47 U.S.C. § 1302(b)
Pub. L. 110–385, § 103(a)(1), substituted “annually” for “regularly”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–385, § 103(a)(1), substituted “annually” for “regularly”.Enacted provision · exact public law section
(1) by striking “regularly” in subsection (b) and inserting “annually”;Broadband Data Improvement Act
Pub. L. 110–385 § 103(a)(2) · 122 Stat. 4096
Added · 47 U.S.C. § 1302(c); 47 U.S.C. § 1302(d)
Pub. L. 110–385, § 103(a)(2), (3), added subsec. (c)
Redesignated · 47 U.S.C. § 1302(c); 47 U.S.C. § 1302(d)
Pub. L. 110–385, § 103(a)(2), (3), redesignated former subsec. (c) as (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 110–385, § 103(a)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).Enacted provision · exact public law section
(2) by redesignating subsection (c) as subsection (d); andEvery Student Succeeds Act
Pub. L. 114–95 title IX § 9215(ttt) · 129 Stat. 1802
Changed · 47 U.S.C. § 1302(d)(2)
Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.Enacted provision · exact public law section
(ttt) Telecommunications Act of 1996.— Section 706(d)(2) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)(2)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”.Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Subsection (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 Pub. L. 110–385, title I, § 103(a)(2), , 122 Stat. 4096.
Codification
Section was formerly set out as a note under section 157 of this title.
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.
Amendments2002–2015 · 3 rounds
2015
Subsec. (d)(2). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.
2008
Subsec. (b). Pub. L. 110–385, § 103(a)(1), substituted “annually” for “regularly”.
Subsecs. (c), (d). Pub. L. 110–385, § 103(a)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).
2002
Subsec. (c)(2). Pub. L. 107–110 substituted “section 7801 of title 20” for “paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–110 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
Definitions
For definitions of terms used in this section, see section 3(b) of Pub. L. 104–104, set out as a Common Terminology note under section 153 of this title.