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

47 U.S.C. § 161

Regulatory reform

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(a) Biennial review of regulationsIn every even-numbered year (beginning with 1998), the Commission—(1) shall review all regulations issued under this chapter in effect at the time of the review that apply to the operations or activities of any provider of telecommunications service; and(2) shall determine whether any such regulation is no longer necessary in the public interest as the result of meaningful economic competition between providers of such service.(b) Effect of determination

The Commission shall repeal or modify any regulation it determines to be no longer necessary in the public interest.

(June 19, 1934, ch. 652, title I, § 11, as added Pub. L. 104–104, title IV, § 402(a), Feb. 8, 1996, 110 Stat. 129.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a)(1), 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 7 cases, 1945–2004 · leading case: Radio Station Wow, Inc. v. Johnson, 326 U.S. 120 (1945).
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Radio Station Wow, Inc. v. Johnson, 326 U.S. 120 (1945). “1064 , 47 U. S. C. § 161 et seq., to' the power of a State to adjudicate conflicting claims to the property used by a licensed radio station.”
Cellular Telecomm. Indus. Ass'n v. Fed. Commc'ns Comm'n, 168 F.3d 1332 (D.C. Cir. 1999). “See 47 U.S.C. §§ 161 , 264(b). In the past, universal service had been “achieved largely through implicit subsidies.”
Prometheus Radio Proj. v. Fed. Commc'ns Comm'n, 373 F.3d 372 (3rd Cir. 2004). · cites it 4× “” 47 U.S.C. § 161 . The text and legislative history of the 1996 Act indicate that Congress intended periodic reviews to operate as an “ongoing mechanism to ensure that the Commission’s regulatory framework would keep pace with the competitive changes in the marketplace”…”
Bldg. Owners & Managers Ass'n Int'l v. Fed. Commc'ns Comm'n, 254 F.3d 89 (D.C. Cir. 2001). “See 47 U.S.C. §§ 161 , 303(v). Third, the Supreme Court has rejected the contention that regulation of the terms of a landlord-tenant relationship constitutes on its face an invasion of the landlord’s right to exclude.”
C.J. Cmty. Servs., Inc., Bridgeport, Washington v. Fed. Commc'ns Comm'n, 246 F.2d 660 (D.C. Cir. 1957). “We are not unmindful that the Act expressly provided in section 1, 47 U.S.C.A. § 161 , that the Commission was created for the purpose of regulating interstate commerce in communication by radio “so as to make available, so far as possible, to all the people of the United States…”
Cellco P'ship v. Fed. Commc'ns Comm'n, 357 F.3d 88 (D.C. Cir. 2004). · cites it 6× “” 47 U.S.C. § 161 (2002). Célico Partnership d/b/a Verizon Wireless (“Verizon Wireless”) and Verizon Telephone Companies (‘Verizon”) petition for review of the Commission’s Biennial Regulatory Reviews for 2000 and 2002, respectively, challenging the Commission’s interpretation…”
Gulf Power Co. v. Fed. Commc'ns Comm'n, 208 F.3d 1263 (11th Cir. 2000). “See 47 U.S.C. § 161 (1994) (creating the FCC to regulate interstate and foreign commerce in radio and wire communication).”
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