U.S. Code » Title 47 » Chapter CHAPTER 5— WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

47 U.S.C. § 157

New technologies and services

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(a) It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this chapter shall have the burden to demonstrate that such proposal is inconsistent with the public interest.(b) The Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated.(June 19, 1934, ch. 652, title I, § 7, as added Pub. L. 98–214, § 12, Dec. 8, 1983, 97 Stat. 1471; amended Pub. L. 103–414, title III, § 304(a)(1), Oct. 25, 1994, 108 Stat. 4296.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Amendments

1994—Subsec. (b). Pub. L. 103–414 struck out “or twelve months after December 8, 1983, if later” after “petition or application is filed” and after “12 months after it is initiated”.

Statutory Notes and Related SubsidiariesAdvanced Telecommunications Incentives

Pub. L. 104–104, title VII, § 706, Feb. 8, 1996, 110 Stat. 153, as amended by 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, was transferred and is classified to section 1302 of this title.

Notes of Decisions
Cited in 8 cases, 1989–2009 · leading case: Nat'l Cable & Telecomm. Assn., Inc. v. Gulf Power Co., 534 U.S. 327 (2002).
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Nat'l Cable & Telecomm. Assn., Inc. v. Gulf Power Co., 534 U.S. 327 (2002). · cites it 4× “153 , note following 47 U. S. C. § 157 (1994 ed., Supp. V). This congressional policy underscores the reasonableness of the FCC's interpretation: Cable attachments providing commingled services come within the ambit of the Act.”
M2Z Networks, Inc. v. Fed. Commc'ns Comm'n, 558 F.3d 554 (D.C. Cir. 2009). · cites it 10× “§ 157 M2Z next argues that the nature of its project should have earned it preferential treatment under 47 U.S.C. § 157 . That section says that “[a]ny person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this chapter…”
Earthlink, Inc. v. Fed. Commc'ns Comm'n, 462 F.3d 1 (D.C. Cir. 2006). “Act § 706(a) (emphasis added) (reproduced at 47 U.S.C. § 157 note); see Act § 706(c)(1) (defining “advanced telecommunications capability” as “high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data,…”
Ass'n of Commc'ns Enter. v. Fed. Commc'ns Comm'n, 235 F.3d 662 (D.C. Cir. 2001). “” 47 U.S.C.A. § 157 note. Am-eritech and SBC argued that § 706 is an independent grant of authority to forbear, but the Commission concluded that § 706 was only an instruction that the Commission should utilize § 10's forbearance authority in the context of advanced services.”
Castro v. Collecto, Inc., 668 F. Supp. 2d 950 (W.D. Tex. 2009). “1467 , 1471 (codified as amended at 47 U.S.C. § 157 (a)). 112 . Omnibus Budget Reconciliation Act of 1993, Pub.”
Comcast Cablevision of Broward Cnty., Inc. v. Broward Cnty., 124 F. Supp. 2d 685 (S.D. Fla. 2000). “153 (1996) (reproduced in the notes under 47 U.S.C. § 157 ). In February, 1999, the FCC released its initial report concerning advanced communications capability as directed by the Congress.”
AT&T Corp. v. City of Portland, 216 F.3d 871 (9th Cir. 2000). “56 , 153 (1996) (reproduced at note under 47 U.S.C. § 157 ). Consistent with our view, the FCC regulates DSL service, a high-speed competitor to cable broadband, as an advanced telecommunications service subject to common carrier obligations.”
TRT Telecomm. Corp. v. Fed. Commc'ns Comm'n, 876 F.2d 134 (D.C. Cir. 1989). “47 U.S.C. § 157 (“It shall be the policy of the United States to encourage the provision of new technologies and services to the public.”
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