47 U.S.C. § 1302
Advanced telecommunications incentives
(a) In generalThe 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) InquiryThe Commission shall, within 30 months after February 8, 1996, 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 areasAs 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)) 11 See References in Text note below. 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) DefinitionsFor purposes of this subsection: 22 So in original. Probably should be “section:”.(1) Advanced telecommunications capabilityThe 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 schoolsThe term “elementary and secondary schools” means elementary and secondary schools, as defined in section 7801 of title 20.
(Pub. L. 104–104, title VII, § 706, Feb. 8, 1996, 110 Stat. 153; Pub. L. 107–110, title X, § 1076(gg), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 110–385, title I, § 103(a), Oct. 10, 2008, 122 Stat. 4096; Pub. L. 114–95, title IX, § 9215(ttt), Dec. 10, 2015, 129 Stat. 2190.)Editorial NotesReferences in TextSubsection (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), Oct. 10, 2008, 122 Stat. 4096.
CodificationSection 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.
Amendments2015—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 SubsidiariesEffective Date of 2015 AmendmentAmendment 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.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–110 effective Jan. 8, 2002, 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.
DefinitionsFor 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.
Notes of Decisions
Verizon v. Fed. Commc'ns Comm'n, 740 F.3d 623 (D.C. Cir. 2014).
· cites it 34× “9556, 9557, 9558–59 ¶¶ 1, 4 (2010) (“Sixth Broadband Deployment Report”); 47 U.S.C. § 1302 (d)(1). Edge providers are those who, like Amazon or Google, provide content, services, and applications over the Internet, while end users are those who consume edge providers’ content,…”
United States Telecom Ass'n v. Fed. Commc'ns Comm'n, 825 F.3d 674 (D.C. Cir. 2016).
· cites it 12× “In support of its rules, the Commission relied primarily on section 706 of the Telecommunications Act, which requires that the Commission “encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans,” 47 U.S.C. § 1302 (a).…”
Direct Commc'ns Cedar Valley, LLC v. Fed. Commc'ns Comm'n, 753 F.3d 1015 (10th Cir. 2014).
· cites it 3× “§ 1302 , serve as an independent grant of authority to the FCC to impose the broadband requirement? In a related attack on the FCC’s broadband requirement, petitioners argue that Section 706 of the Act, 47 U.S.C. § 1302 , does not, contrary to the conclusion reached by the FCC…”
Mozilla Corp. v. FCC, 940 F.3d 1 (D.C. Cir. 2019).
· cites it 2× “” 47 U.S.C. § 1302 (a). Furthermore, Section 706(b) states that the agency “shall take immediate action” if this goal is not being met “in a timely fashion.”
Tennessee v. Fed. Commc'ns Comm'n, 832 F.3d 597 (6th Cir. 2016).
· cites it 5× “Section 706, entitled “Advanced Telecommunications Incentives” and codified at 47 U.S.C. § 1302 , reads in part: (a) In general The Commission and each State commission with regulatory jurisdiction over telecommunications services shall encourage the deployment on a reasonable…”
Comcast Corp. v. Fed. Commc'ns Comm'n, 600 F.3d 642 (D.C. Cir. 2010).
“” 47 U.S.C. § 1302 (a). As the Commission points out, section 706 does contain a direct mandate — the Commission “shall encourage.”
Cellco P'ship v. Fed. Commc'ns Comm'n, 700 F.3d 534 (D.C. Cir. 2012).
“at 5442 ¶ 64 (citing section 706(a) and (b) of the Telecommunications Act of 1996, 47 U.S.C. § 1302 ), and suggested in a footnote that the rule falls within the agency’s “ancillary authority.”
AD HOC Telecomm. Users Comm. v. Fed. Commc'ns Comm'n, 572 F.3d 903 (D.C. Cir. 2009).
· cites it 2× “In 1996, to guide the FCC’s regulation of broadband in the residential and business markets, Congress enacted § 706 of the Telecommunications Act, 47 U.S.C. § 1302 . Section 706 directs the Commission to “encourage the deployment” of broadband “on a reasonable and timely basis.”
Ass'n for Cmty. Affiliated Plans v. U.S. Dep't of Treasury, 392 F. Supp. 3d 22 (D.C. Cir. 2019).
“at 635-36 (quoting 47 U.S.C. §§ 1302 (a), (d)(1) ). According to the FCC, the challenged regulation furthered this mandate *36 by preserving unimpeded innovation in the provision of internet services.”
New York State Telecomm. Ass'n, Inc. v. James, 101 F.4th 135 (2d Cir. 2024).
“2014) (upholding broadband disclosure rules as ancillary to 47 U.S.C. § 1302 ). This absence of regulation is the exact opposite of a federal “framework .”
Verizon v. FCC (D.C. Cir. 2014).
· cites it 17× “9556, 9557, 9558–59 ¶¶ 1, 4 (2010) (“Sixth Broadband Deployment Report”); 47 U.S.C. § 1302 (d)(1). Edge providers are those who, like Amazon or Google, provide content, services, and applications over the Internet, while end users are those who consume edge providers’ content,…”
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