TITLE 47. TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                     CHAPTER 5. WIRE OR RADIO COMMUNICATION
 
                                COMMON CARRIERS
 
                       DEVELOPMENT OF COMPETITIVE MARKETS
 
                 Review Court Orders which may amend this Rule.
 
                             47 USCS § 261  (2003)
 
§ 261.  Effect on other requirements
 
(a) Commission regulations.  Nothing in this part [47 USCS §§ 251 et seq.] shall
 be construed to prohibit the Commission from enforcing regulations prescribed
 prior to the date of enactment of the Telecommunications Act of 1996 [enacted
 Feb. 8, 1996] in fulfilling the requirements of this part [47 USCS §§ 251 et
 seq.], to the extent that such regulations are not inconsistent with the
 provisions of this part [47 USCS §§ 251 et seq.].
 
(b) Existing State regulations.  Nothing in this part [47 USCS §§ 251 et seq.]
 shall be construed to prohibit any State commission from enforcing regulations
 prescribed prior to the date of enactment of the Telecommunications Act of 1996
 [enacted Feb. 8, 1996], or from prescribing regulations after such date of
 enactment, in fulfilling the requirements of this part [47 USCS §§ 251 et seq.],
 if such regulations are not inconsistent with the provisions of this part [47
 USCS §§ 251 et seq.].
 
(c) Additional State requirements.  Nothing in this part [47 USCS §§ 251 et
 seq.] 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 [47 USCS
 §§ 251 et seq.] or the Commission's regulations to implement this part [47 USCS
 §§ 251 et seq.].
 
HISTORY:    (June 19, 1934, ch 652, Title II, Part II, § 261, as added Feb. 8,
 1996, P.L. 104-104, Title I, Subtitle A, § 101(a), 110 Stat. 79.)
 
                        INTERPRETIVE NOTES AND DECISIONS
    District court correctly concluded that state commissioners' order requiring
 incumbent local telecommunications carrier to offer network elements and
 services to competitors was preempted under 47 USCS § 261(b) where order
 provided alternative route around entire interconnection process set forth in 47
 USCS § 252. Verizon N., Inc. v Strand (2002, CA6 Mich) 309 F3d 935, 2002 FED App
 388P.