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47 U.S.C. § 261

Section 261 · Effect on other requirements

Amended 2 times on record

Applied in 17 court decisions — leading case Iowa Utilities Board v. Federal Communications Commission (1997)

Most recently applied in Sprint Communications Co. v. Bernsten (December 2015)

How often courts cite this section

19341940196019802000201550104-104enacted · 1934 · 104-104104-104amended · 1996 · 104-104Iowa Utilities Board v. Federal Communications Commissionleading · 1997 · Iowa Utilities Board v. Federal Communications Commission
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Commission regulations

Nothing in this part shall be construed to prohibit the Commission from enforcing regulations prescribed prior to February 8, 1996, in fulfilling the requirements of this part, to the extent that such regulations are not inconsistent with the provisions of this part.

(b) Existing State regulations

Nothing in this part shall be construed to prohibit any State commission from enforcing regulations prescribed prior to February 8, 1996, or from prescribing regulations after February 8, 1996, in fulfilling the requirements of this part, if such regulations are not inconsistent with the provisions of this part.

(c) Additional State requirements

Nothing in this part precludes a State from imposing requirements on a telecommunications carrier for intrastate services that are necessary to further competition in the provision of telephone exchange service or exchange access, as long as the State's requirements are not inconsistent with this part or the Commission's regulations to implement this part.

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