; or (iii) an Indian tribe; (5) the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States; and (6) the term telecommunications service has the meaning given the term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). 3. Local government provision of telecommunications services and advanced telecommunications capability and services No statute, regulation, or other legal requirement of a State, a political subdivision thereof, or an Indian tribe may prohibit, or have the effect of prohibiting or substantially inhibiting, any public provider from providing telecommunications services or advanced telecommunications capability or services to any person or any public or private entity. 4. Safeguards (a) Administration To the extent any public provider regulates competing providers of telecommunications services or advanced telecommunications capability or services, the public provider shall apply its ordinances, rules, and policies, including those relating to the use of public rights-of-way, permitting, performance bonding, and reporting, without discrimination in favor of— (1) the public provider