Federal Internet Law & Policy
An Educational Project
Section 257: Market Entry Barriers Dont be a FOOL; The Law is Not DIY
- Wireless
- White Space
- Wifi
- - Theft
- - Security
- - Duty to Secure WiFi
- - Proceedings
- - WISPs
- Wimax
- 3G
- 700 Mhz
- Bluetooth
- Satellite
- History

Communications Act of 1934 :: Title II

Sec. 257Leaving CT Elimination of Barriers for entrepreneurs and other small businesses

Legislative History

New Section 257--Market Entry Barriers Proceeding

Senate bill

No provision.

House amendment

Section 250 requires the Commission to adopt rules that identify and eliminate market entry barriers for entrepreneurs and small businesses in the provision and ownership of telecommunications and information services. The Commission must review these rules and report to Congress every three years on how it might prescribe or eliminate rules to promote the purposes of this section. Conference agreement The conference agreement adopts the House provisions with minor modifications as a new section 257 of the Communications Act.  



Comments, Papers

  • Public Interest Statement Section 257 Letter, Benton Foundation, March 8, 2010 ("As you know, Congress requires a review every three years of the Commission's efforts to promote opportunities for "the provision and ownership of telecommunications services and information services" by entrepreneurs and other small businesses.2 Section 257 instructs the Commission not only to report on any "market entry barriers for [such] entrepreneurs and other small businesses" but also to eliminate such barriers.3 The Commission's emphasis in such endeavors must include enhancing representation in media and telecommunications for typically marginalized communities and underrepresented populations. Thus, Section 257 must be read in conjunction and in harmony with the Commission's obligation to promote the dissemination of licenses to "businesses owned by members of minority groups and women."")
  • Letter from Asian American Justice Center et al. to Hon. Julius Genachowski, GN Docket No. 09-51 (filed Feb. 16, 2010)
  • David Honig and Moushumi, Section 257 - Eliminating Market Entry Barriers: The Best Hope for Diversity and Inclusion, The Leadership Conference ("Section 257 was written in response to the concern that other provisions in the l996 Telecommunications Act might lead to greater consolidation of the telecommunications industry without concern for diversity in media ownership or content. Underlying Congress' concern for entry barriers affecting small businesses was a specific concern that among these barriers were race and gender discrimination, and that remedial steps were necessary to repair their ill effects. Civil rights advocates, particularly Congressman Bobby Rush (D-IL) and Congresswoman Cardiss Collins (D-IL) felt that diversity needed Congressional protection in light of Adarand III, which held race-conscious federal programs to a very high standard of constitutional review, and in light of Congress' repeal of the FCC's highly successful tax certificate program. The legislative history of Section 257 supports this interpretation.")

© Cybertelecom ::