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U.S. Code as of:
01/19/04
Section 160. Competition in provision of telecommunications service
(a) Regulatory flexibility
Notwithstanding 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) of this
section, 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.
(c) Petition for forbearance
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) of this section 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) of this section. 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) of this section.
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