B&C: Wheeler to use 706 Authority to restore Net Neutrality

47 USC 157 

§157. New technologies and services

(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.)

References 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.


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”.

Advanced 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

PL 104-104 The Telecommunications Act of 1996  sec. 706


(a) In General.–The 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


(b) Inquiry.–The Commission shall, within 30 months after the date

of enactment of this Act, and regularly 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) Definitions.–For purposes of this subsection:

(1) Advanced telecommunications capability.–The 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 schools.–The term “elementary

and secondary schools” means elementary and secondary schools,

as defined in paragraphs (14) and (25), respectively, of section

14101 of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 8801).