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
investment.
(b)
Inquiry
The Commission shall, within 30 months
after February 8, 1996, and annually 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)
Demographic information for unserved areas
As part of the inquiry required by
subsection (b), the Commission shall compile a list of geographical
areas that are not served by any provider of advanced telecommunications
capability (as defined by subsection (d)(1))
[1]
and to the extent that data from the Census Bureau is available, determine, for each such unserved area—
(d)
Definitions
For purposes of this subsection:
[2]
(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 section
7801 of title
20.
