---
kind: "section"
citation: "47 U.S.C. § 253"
title: "47"
title_heading: "Telecommunications"
number: "253"
heading: "Removal of barriers to entry"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/253"
units:
  - "Chapter 5 — Wire or Radio Communication"
  - "Subchapter II — Common Carriers"
  - "Part II — Development of Competitive Markets"
---

# §253. Removal of barriers to entry

- (a) **In general—** No [State](/usc/47/153.md?p=47) or local statute or regulation, or other [State](/usc/47/153.md?p=47) 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](/usc/47/153.md?p=53).
- (b) **State regulatory authority—** Nothing in this section shall affect the ability of a [State](/usc/47/153.md?p=47) to impose, on a competitively neutral basis and consistent with [section 254 of this title](/usc/47/254.md), requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of [telecommunications services](/usc/47/153.md?p=53), and safeguard the rights of consumers.
- (c) **State and local government authority—** Nothing in this section affects the authority of a [State](/usc/47/153.md?p=47) or local government to manage the public rights-of-way or to require fair and reasonable compensation from [telecommunications](/usc/47/153.md?p=50) 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](/usc/47/153.md?p=47) or local government has permitted or imposed any statute, regulation, or legal requirement that violates subsection [(a)](#a) or [(b)](#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) of this title](/usc/47/332.md?p=c-3) to commercial [mobile service](/usc/47/153.md?p=33) providers.
- (f) **Rural markets—** It shall not be a violation of this section for a [State](/usc/47/153.md?p=47) to require a [telecommunications carrier](/usc/47/153.md?p=51) that seeks to provide [telephone exchange service](/usc/47/153.md?p=54) or [exchange access](/usc/47/153.md?p=20) in a service area served by a [rural telephone company](/usc/47/153.md?p=44) to meet the requirements in [section 214(e)(1) of this title](/usc/47/214.md?p=e-1) for designation as an eligible [telecommunications carrier](/usc/47/153.md?p=51) 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](/usc/47/153.md?p=44) that has obtained an exemption, suspension, or modification of [section 251(c)(4) of this title](/usc/47/251.md?p=c-4) that effectively prevents a competitor from [meeting](/usc/47/397.md?p=5) the requirements of [section 214(e)(1) of this title](/usc/47/214.md?p=e-1); and
  - (2) to a provider of commercial [mobile services](/usc/47/153.md?p=33).

## Source credit

(June 19, 1934, ch. 652, title II, § 253, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 70.)