SEC. 253. [47 U.S.C. 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, 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-ofway
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
Communications Act of 1934
102
(b), 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) 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) 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)
that effectively prevents a competitor from meeting the requirements of
section 214(e)(1); and
(2) to a provider of commercial mobile services.
SEC. 254.


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