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Title 47 — Telecommunications

Chapter 12 — Broadband

§ 1302. Advanced telecommunications incentives

Statutory text

(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 , 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

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—

(1)

the population;

(2)

the population density; and

(3)

the average per capita income.

(d)

Definitions

For purposes of this subsection: 2

(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 section 7801 of title 20.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. Probably should be “section:”.

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.

  1. 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. 153

  2. Pub. 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)”.

  3. 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”;

  4. Broadband Data Improvement Act

    Pub. L. 110–385 § 103(a)(2) · 122 Stat. 4096

    1. Added · 47 U.S.C. § 1302(c); 47 U.S.C. § 1302(d)

      Pub. L. 110–385, § 103(a)(2), (3), added subsec. (c)

    2. 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); and

  5. Every 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.

Credits

1996–2015 · 4 acts
  1. 1996Pub. L. 104–104, title VII, § 706, , 110 Stat. 153
  2. 2002Pub. L. 107–110, title X, § 1076(gg), , 115 Stat. 2093
  3. 2008Pub. L. 110–385, title I, § 103(a), , 122 Stat. 4096
  4. 2015Pub. L. 114–95, title IX, § 9215(ttt), , 129 Stat. 2190.
Show as published

(Pub. L. 104–104, title VII, § 706, , 110 Stat. 153; Pub. L. 107–110, title X, § 1076(gg), , 115 Stat. 2093; Pub. L. 110–385, title I, § 103(a), , 122 Stat. 4096; Pub. L. 114–95, title IX, § 9215(ttt), , 129 Stat. 2190.)

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