47 U.S.C. § 160

Competition in provision of telecommunications service

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(a) Regulatory flexibilityNotwithstanding section 332(c)(1)(A) of this title, the Commission shall forbear from applying any regulation or any provision of this chapter to a telecommunications carrier or telecommunications service, or class of telecommunications carriers or telecommunications services, in any or some of its or their geographic markets, if the Commission determines that—(1) enforcement of such regulation or provision is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that telecommunications carrier or telecommunications service are just and reasonable and are not unjustly or unreasonably discriminatory;(2) enforcement of such regulation or provision is not necessary for the protection of consumers; and(3) forbearance from applying such provision or regulation is consistent with the public interest.(b) Competitive effect to be weighed

In making the determination under subsection (a)(3), the Commission shall consider whether forbearance from enforcing the provision or regulation will promote competitive market conditions, including the extent to which such forbearance will enhance competition among providers of telecommunications services. If the Commission determines that such forbearance will promote competition among providers of telecommunications services, that determination may be the basis for a Commission finding that forbearance is in the public interest.

Any telecommunications carrier, or class of telecommunications carriers, may submit a petition to the Commission requesting that the Commission exercise the authority granted under this section with respect to that carrier or those carriers, or any service offered by that carrier or carriers. Any such petition shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under subsection (a) within one year after the Commission receives it, unless the one-year period is extended by the Commission. The Commission may extend the initial one-year period by an additional 90 days if the Commission finds that an extension is necessary to meet the requirements of subsection (a). The Commission may grant or deny a petition in whole or in part and shall explain its decision in writing.

(d) Limitation

Except as provided in section 251(f) of this title, the Commission may not forbear from applying the requirements of section 251(c) or 271 of this title under subsection (a) of this section until it determines that those requirements have been fully implemented.

(e) State enforcement after Commission forbearance

A State commission may not continue to apply or enforce any provision of this chapter that the Commission has determined to forbear from applying under subsection (a).

(June 19, 1934, ch. 652, title I, § 10, as added Pub. L. 104–104, title IV, § 401, Feb. 8, 1996, 110 Stat. 128.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a) and (e), 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.

Notes of Decisions

Cited in 101 cases (4 in the last 5 years), 1997–2025 · leading case: United States Telecom Ass'n v. Fed. Commc'ns Comm'n, 825 F.3d 674 (D.C. Cir. 2016).

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United States Telecom Ass'n v. Fed. Commc'ns Comm'n, 825 F.3d 674 (D.C. Cir. 2016). · cites it 23× “47 U.S.C. § 160 (a). Nothing in the Clean Air Act gave EPA any comparable authority.”

In Re Core Commc'ns, Inc., 531 F.3d 849 (D.C. Cir. 2008). · cites it 10× “47 U.S.C. § 160 (a). On July 14, 2003, Core filed a petition asking the FCC to forbear from applying the four interim provisions of the ISP Remand Order.”

In Re Core Commc'ns, Inc., 455 F.3d 267 (D.C. Cir. 2006). · cites it 9× “, a competitive local exchange carrier, filed a petition asking the FCC to forbear from applying those rules pursuant to 47 U.S.C. § 160 (a). The FCC denied Core’s petition with respect to two of the rules and granted it with respect to the other two.”

Mozilla Corp. v. FCC, 940 F.3d 1 (D.C. Cir. 2019). · cites it 5× “Third, the Commission points to 47 U.S.C. § 160 (e). That provision says that “[a] State commission may not continue to apply or enforce any provision of [the Act] that the Commission has determined to forbear from applying under subsection (a).”

Earthlink, Inc. v. Fed. Commc'ns Comm'n, 462 F.3d 1 (D.C. Cir. 2006). · cites it 7× “Notwithstanding the foregoing, under 47 U.S.C. § 160 , the FCC must forbear from applying a given provision of the Communications Act to a telecommunications carrier “in any or some of its .”

Qwest Corp. v. Fed. Commc'ns Comm'n, 689 F.3d 1214 (10th Cir. 2012). · cites it 15× “Petitioner Qwest Corporation (“Qwest”) seeks our review of an order of the Federal Communications Commission (“Commission”) denying Qwest’s petition for regulatory forbearance pursuant to 47 U.S.C. § 160 (a). Qwest filed a petition with the Commission in March 2009 seeking…”

United States Telecom Assoc. v. FCC [Order In Slip Opinion Format], 855 F.3d 381 (D.C. Cir. 2017). · cites it 4× “See 47 U.S.C. § 160 (a). C. Mobile Broadband Cannot Be Common Carriage The 1996 Act also ensured providers of mobile broadband Internet access “shall not .”

Frank H. Boomer, on Behalf of Himself & All Others Similarly Situated v. At & T Corp., a New York Corp., 309 F.3d 404 (7th Cir. 2002). · cites it 3× “” 47 U.S.C. § 160 (a)(1). Armed with this new authority, the FCC issued a series of orders providing that AT & T and other long-distance carriers were no longer required to file tariffs.”

Fones4all Corp. v. Fed. Commc'ns Comm'n, 550 F.3d 811 (9th Cir. 2008). · cites it 11× “See 47 U.S.C. § 160 (c). The timeliness issue involves the practice of the FCC of announcing a decision on the last possible day and then “backdating” the later explanation for that decision to the date on which it was announced.”

M2Z Networks, Inc. v. Fed. Commc'ns Comm'n, 558 F.3d 554 (D.C. Cir. 2009). · cites it 8× “In September 2006, M2Z amended its application with a petition for forbearance under 47 U.S.C. § 160 (c) and 47 C.F.R. § 1.53 .”

Cellular Telecomm. & Internet Ass'n v. Fed. Commc'ns Comm'n, 330 F.3d 502 (D.C. Cir. 2003). · cites it 8× “In 1999, the Commission granted a request from petitioner Cellular Telecommunications & Internet Association (“CTIA”), pursuant to 47 U.S.C. § 160 (a), for temporary forbearance from enforcement of the Commission’s wireless number portability rules, and extended the compliance…”

Qwest Corp. v. Fed. Commc'ns Comm'n & United States of Am., McLeodusa Telecomm. Servs., Inc., Intervenors, 482 F.3d 471 (D.C. Cir. 2007). · cites it 5× “Qwest, the incumbent local exchange carrier (“ILEC”) in Omaha, Nebraska, petitioned the Federal Communications Commission for forbearance under § 10(c) of the Communications Act, 47 U.S.C. § 160 (c), from some of its obligations under §§ 251(c) and 271 of the Act, 47 U.”

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