47 U.S.C. § 253 : US Code - Section 253: Removal of barriers to entry

Search 47 U.S.C. § 253 : US Code - Section 253: Removal of barriers to entry

(a) In general
No State or local statute or regulation, or other State or local
legal requirement, may prohibit or have the effect of prohibiting
the ability of any entity to provide any interstate or intrastate
telecommunications service.
(b) State regulatory authority
Nothing in this section shall affect the ability of a State to
impose, on a competitively neutral basis and consistent with
section 254 of this title, requirements necessary to preserve and
advance universal service, protect the public safety and welfare,
ensure the continued quality of telecommunications services, and
safeguard the rights of consumers.
(c) State and local government authority
Nothing in this section affects the authority of a State or local
government to manage the public rights-of-way or to require fair
and reasonable compensation from telecommunications providers, on a
competitively neutral and nondiscriminatory basis, for use of
public rights-of-way on a nondiscriminatory basis, if the
compensation required is publicly disclosed by such government.
(d) Preemption
If, after notice and an opportunity for public comment, the
Commission determines that a State or local government has
permitted or imposed any statute, regulation, or legal requirement
that violates subsection (a) or (b) of this section, the Commission
shall preempt the enforcement of such statute, regulation, or legal
requirement to the extent necessary to correct such violation or
inconsistency.
(e) Commercial mobile service providers
Nothing in this section shall affect the application of section
332(c)(3) of this title to commercial mobile service providers.
(f) Rural markets
It shall not be a violation of this section for a State to
require a telecommunications carrier that seeks to provide
telephone exchange service or exchange access in a service area
served by a rural telephone company to meet the requirements in
section 214(e)(1) of this title for designation as an eligible
telecommunications carrier for that area before being permitted to
provide such service. This subsection shall not apply -
(1) to a service area served by a rural telephone company that
has obtained an exemption, suspension, or modification of section
251(c)(4) of this title that effectively prevents a competitor
from meeting the requirements of section 214(e)(1) of this title;
and
(2) to a provider of commercial mobile services.