PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 153 SEC. 705. MOBILE SERVICES DIRECT ACCESS TO LONG DISTANCE CAR- RIERS. Section 332(c) (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraph: "(8) MOBILE SERVICES ACCESS. — A person engaged in the provision of commercial mobile services, insofar as such person is so engaged, shall not be required to provide equal access to common carriers for the provision of telephone toll services. If the Commission determines that subscribers to such services Regulations. are denied access to the provider of telephone toll services of the subscribers' choice, and that such denial is contrary to the public interest, convenience, and necessity, then the Commission shall prescribe regulations to afford subscribers unblocked access to the provider of telephone toll services of the subscribers' choice through the use of a carrier identification code assigned to such provider or other mechanism. The requirements for unblocking shall not apply to mobile satellite services unless the Commission finds it to be in the public interest to apply such requirements to such services.". SEC. 706. ADVANCED TELECOMMUNICATIONS INCENTIVES. 47 USC 157 note. (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 investment. (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 deplo5anent 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 highspeed, 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).
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