Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
parent 511d65f9a0
commit 76b8ec33a7
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---
type: "LegalText"
title: "47 U.S.C. § 1 to 6"
description: "Repealed. July 16, 1947, ch. 256, § 1, 61 Stat. 327"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 47
title_name: "TELECOMMUNICATIONS"
chapter_number: "1"
chapter_name: "TELEGRAPHS"
section: "1 to 6"
citation: "47 U.S.C. § 1 to 6"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 47 U.S.C. § 1 to 6 - Repealed. July 16, 1947, ch. 256, § 1, 61 Stat. 327
## Notes
Section 1, R.S. § 5263, related to use of public domain.
Section 2, R.S. § 5264, related to use of materials from public lands.
Section 3, R.S. § 5266; acts June 19, 1934, ch. 652, § 601, 48 Stat. 1101; Mar. 6, 1943, ch. 10, § 6, 57 Stat. 12, related to Government priority in transmission of messages.
Section 4, R.S. § 5267; act June 19, 1934, ch. 652, § 601, 48 Stat. 1101, related to purchase of lines.
Section 5, R.S. § 5268; act June 19, 1934, ch. 652, § 601, 48 Stat. 1101, related to acceptance of obligations to be filed.
Section 6, R.S. § 5265; act June 19, 1934, ch. 652, § 601, 48 Stat. 1101, provided that rights were not transferable.
Statutory Notes and Related Subsidiaries
Effective Date of RepealAct July 16, 1947, ch. 256, § 3, 61 Stat. 327, provided that: “This Act [repealing sections 1 to 6 and 8 of this title] shall take effect on the tenth day following the enactment date thereof [July 16, 1947].”
Authority of Federal Communications Commission; Effect of RepealAct July 16, 1947, ch. 256, § 2, 61 Stat. 327, provided that: “Nothing in this Act [repealing sections 1 to 6 and 8 of this title] shall limit the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended [chapter 5 of this title], to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications.”
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---
type: "LegalText"
title: "47 U.S.C. § 10"
description: "Equal facilities to connecting lines; discrimination in rates"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 47
title_name: "TELECOMMUNICATIONS"
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chapter_name: "TELEGRAPHS"
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---
# 47 U.S.C. § 10 - Equal facilities to connecting lines; discrimination in rates
## Text
Whenever any telegraph company which shall have accepted the provisions of sections 1 to 6 and 8 11 See References in Text note below. of this title, prior to the effective date of the repeal of such sections, shall extend its line to any station or office of a telegraph line belonging to any one of said railroad or telegraph companies, referred to in section 9 of this title, said telegraph company so extending its line shall have the right and said railroad or telegraph company shall allow the line of said telegraph company so extending its line to connect with the telegraph line of said railroad or telegraph company to which it is extended at the place where their lines may meet, for the prompt and convenient interchange of telegraph business between said companies; and such railroad and telegraph companies, referred to in section 9 of this title, shall so operate their respective telegraph lines as to afford equal facilities to all, without discrimination in favor of or against any person, company, or corporation whatever, and shall receive, deliver, and exchange business with connecting telegraph lines on equal terms, and affording equal facilities, and without discrimination for or against any one of such connecting lines; and such exchange of business shall be on terms just and equitable.
(Aug. 7, 1888, ch. 772, § 2, 25 Stat. 383; Sept. 3, 1954, ch. 1263, § 48, 68 Stat. 1243.)
## Notes
Editorial Notes
References in TextSections 1 to 6 and 8 of this title, referred to in text, were repealed by act July 16, 1947, ch. 256, § 1, 61 Stat. 327.
Amendments1954—Act Sept. 3, 1954, amended section to make it clear that the rights and obligations of companies which accepted benefits under former sections 1 to 6 and 8 of this title, which have been repealed, continue irrespective of the repeal.
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---
type: "LegalText"
title: "47 U.S.C. § 11"
description: "Powers of Federal Communications Commission"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 47
title_name: "TELECOMMUNICATIONS"
chapter_number: "1"
chapter_name: "TELEGRAPHS"
section: "11"
citation: "47 U.S.C. § 11"
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---
# 47 U.S.C. § 11 - Powers of Federal Communications Commission
## Text
If any railroad or telegraph company referred to in section 9 of this title, or company operating such railroad or telegraph line shall refuse or fail, in whole or in part, to maintain, and operate a telegraph line as provided herein, for the use of the Government or the public, for commercial and other purposes, without discrimination, or shall refuse or fail to make or continue such arrangements for the interchange of business with any connecting telegraph company, then any person, company, corporation, or connecting telegraph company may apply for relief to the Federal Communications Commission, whose duty it shall thereupon be, under such rules and regulations as said commission may prescribe, to ascertain the facts, and determine and order what arrangement is proper to be made in the particular case, and the railroad or telegraph company concerned shall abide by and perform such order; and it shall be the duty of the Federal Communications Commission, when such determination and order are made, to notify the parties concerned, and, if necessary, enforce the same by writ of mandamus in the courts of the United States, in the name of the United States, at the relation of either of said communication commissioners. The commissioners may institute any inquiry, upon their own motion, in the same manner and to the same effect as though complaint had been made.
(Aug. 7, 1888, ch. 772, § 3, 25 Stat. 383; June 19, 1934, ch. 652, § 601, 48 Stat. 1101.)
## Notes
Statutory Notes and Related Subsidiaries
Transfer of Functions Duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in construction of their lines imposed on and vested in Federal Communications Commission by act June 19, 1934. See section 601 of this title.
@@ -0,0 +1,35 @@
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description: "Interference with liens of United States"
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title_number: 47
title_name: "TELECOMMUNICATIONS"
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---
# 47 U.S.C. § 12 - Interference with liens of United States
## Text
In order to secure and preserve to the United States the full value and benefit of its liens upon all the telegraph lines required to be constructed by and lawfully belonging to railroad and telegraph companies referred to in section 9 of this title, and to have the same possessed, used, and operated in conformity with sections 9 to 15 of this title, it is made the duty of the Attorney General of the United States, by proper proceedings, to prevent any unlawful interference with the rights and equities of the United States under all acts of Congress relating to such railroads and telegraph lines, and to have legally ascertained and finally adjudicated all alleged rights of all persons and corporations whatever claiming in any manner any control or interest of any kind in any telegraph lines or property, or exclusive rights-of-way upon the lands of said railroad companies, or any of them, and to have all contracts and provisions of contracts set aside and annulled which have been unlawfully and beyond their powers entered into by said railroad or telegraph companies, or any of them, with any other person, company, or corporation.
(Aug. 7, 1888, ch. 772, § 4, 25 Stat. 383.)
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---
# 47 U.S.C. § 13 - Violations; punishment; action for damages
## Text
Any officer or agent of said railroad or telegraph companies, or of any company operating the railroads and telegraph lines of said companies, who shall refuse or fail to operate the telegraph lines of said railroad or telegraph companies under his control, or which he is engaged in operating, in the manner herein directed, or who shall refuse or fail, in such operation and use, to afford and secure to the Government and the public equal facilities, or to secure to each of said connecting telegraph lines equal advantages and facilities in the interchange of business, as herein provided for, without any discrimination whatever for or adverse to the telegraph line of any or either of said connecting companies, or shall refuse to abide by or perform and carry out within a reasonable time the order or orders of the Federal Communications Commission, shall in every such case of refusal or failure be guilty of a misdemeanor, and, on conviction thereof, shall in every such case be fined in a sum of not exceeding $1,000, and may be imprisoned not less than six months; and in every such case of refusal or failure the party aggrieved may not only cause the officer or agent guilty thereof to be prosecuted under the provisions of this section, but may also bring an action for the damages sustained thereby against the company whose officer or agent may be guilty thereof, in the district court of the United States in any State or Territory in which any portion of the road or telegraph line of said company may be situated; and in case of suit process may be served upon any agent of the company found in such State or Territory, and such service shall be held by the court good and sufficient.
(Aug. 7, 1888, ch. 772, § 5, 25 Stat. 384; Mar. 3, 1911, ch. 231, § 289, 36 Stat. 1167; June 19, 1934, ch. 652, § 601, 48 Stat. 1101.)
## Notes
Editorial Notes
Codification Words “circuit or” which preceded “district court” were omitted in view of the abolition of the circuit courts and the transfer of their jurisdiction to the district courts by act Mar. 3, 1911.
Statutory Notes and Related Subsidiaries
Transfer of Functions Duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in construction of their lines imposed on and vested in Federal Communications Commission by act June 19, 1934. See section 601 of this title.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "47 U.S.C. § 14"
description: "Contracts filed with Federal Communications Commission; reports; failure to make"
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kind: "code_section"
title_number: 47
title_name: "TELECOMMUNICATIONS"
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citation: "47 U.S.C. § 14"
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---
# 47 U.S.C. § 14 - Contracts filed with Federal Communications Commission; reports; failure to make
## Text
It shall be the duty of each and every one of the aforesaid railroad and telegraph companies annually to report to the Federal Communications Commission, with reasonable fullness and certainty, the nature, extent, value, and condition of the telegraph lines and property then belonging to it, the gross earnings, and all expenses of maintenance, use, and operation thereof, and its relation and business with all connecting telegraph companies during the preceding year, at such time and in such manner as may be required by a system of reports which said commission shall prescribe; and if any of said railroad or telegraph companies shall refuse or fail to make such reports or any report as may be called for by said commission, or refuse to submit its books and records for inspection, such neglect or refusal shall operate as a forfeiture, in each case of such neglect or refusal, of a sum not less than $1,000 nor more than $5,000, to be recovered by the Attorney General of the United States, in the name and for the use and benefit of the United States; and it shall be the duty of the Federal Communications Commission to inform the Attorney General of all such cases of neglect or refusal, whose duty it shall be to proceed at once to judicially enforce the forfeitures herein before provided.
(Aug. 7, 1888, ch. 772, § 6, 25 Stat. 384; June 19, 1934, ch. 652, § 601, 48 Stat. 1101.)
## Notes
Editorial Notes
Codification A provision in the original enactment of this section requiring filing of copies of contracts, agreements, etc., within 60 days from passage of act Aug. 7, 1888 was omitted.
Statutory Notes and Related Subsidiaries
Transfer of Functions Duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in construction of their lines imposed on and vested in Federal Communications Commission by act June 19, 1934. See section 601 of this title.
@@ -0,0 +1,43 @@
---
type: "LegalText"
title: "47 U.S.C. § 15"
description: "Reservation of power to alter, amend, or repeal act; power to fix rates and purchase lines"
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corpus: "united_states_code"
kind: "code_section"
title_number: 47
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---
# 47 U.S.C. § 15 - Reservation of power to alter, amend, or repeal act; power to fix rates and purchase lines
## Text
Nothing in sections 9 to 15 of this title shall be construed to affect or impair the right of Congress, at any time hereafter, to alter, amend, or repeal sections 1 to 6 and 8 11 See References in Text note below. of this title; and sections 9 to 15 of this title shall be subject to alteration, amendment, or repeal as, in the opinion of Congress, justice or the public welfare may require; and nothing herein contained shall be held to deny, exclude, or impair any right or remedy in the premises now or hereafter existing in the United States, or the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended [47 U.S.C. 151 et seq.], to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications.
(Aug. 7, 1888, ch. 772, § 7, 25 Stat. 385; Sept. 3, 1954, ch. 1263, § 49, 68 Stat. 1244.)
## Notes
Editorial Notes
References in TextSections 1 to 6 and 8 of this title, referred to in text, were repealed by act July 16, 1947, ch. 256, § 1, 61 Stat. 327. The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Amendments1954—Act Sept. 3, 1954, corrected references and struck out obsolete material.
@@ -0,0 +1,45 @@
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type: "LegalText"
title: "47 U.S.C. § 16"
description: "Washington-Alaska Military Cable and Telegraph System; money transfers; portion of receipts withheld"
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title_number: 47
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---
# 47 U.S.C. § 16 - Washington-Alaska Military Cable and Telegraph System; money transfers; portion of receipts withheld
## Text
On and after May 20, 1926, such amount of money as may be authorized by the Secretary of the Army may be withheld temporarily from the receipts of the Washington-Alaska Military Cable and Telegraph System by the auditor of said system as a working balance from which to make payments of money transfers from and to Alaska and between points within Alaska, to be accounted for accordingly.
(May 20, 1926, ch. 345, 44 Stat. 576; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 92310, title III, § 233, June 6, 1972, 86 Stat. 214.)
## Notes
Editorial Notes
Amendments1972—Pub. L. 92310 struck out provisions which permitted the expenses of procuring necessary official bonds of certain enlisted men to be paid from the receipts of the system.
Statutory Notes and Related Subsidiaries
Change of Name Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted Title 10, Armed Forces, which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
@@ -0,0 +1,33 @@
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---
# 47 U.S.C. § 17 - Repealed. Pub. L. 105119, title VI, § 620, Nov. 26, 1997, 111 Stat. 2519
## Notes
Section, act May 26, 1900, ch. 586, 31 Stat. 206, related to prohibition of establishment of telegraph or cable lines by foreigners.
@@ -0,0 +1,35 @@
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---
# 47 U.S.C. § 7 - Omitted
## Notes
Editorial Notes
Codification Section, act June 23, 1879, ch. 35, § 1, 21 Stat. 31, was dependent upon and incorporated by reference in sections 1 to 6 and 8 of this title which were repealed by act July 16, 1947, ch. 256, § 1, 61 Stat. 327.
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# 47 U.S.C. § 8 - Repealed. July 16, 1947, ch. 256, § 1, 61 Stat. 327
## Notes
Section, R.S. § 5269; acts Feb. 27, 1877, ch. 69, § 1, 19 Stat. 252; June 19, 1934, ch. 652, § 601, 48 Stat. 1101, related to refusal to transmit dispatches.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective on tenth day following July 16, 1947, see section 3 of act July 16, 1947, set out as a note under sections 1 to 6 of this title.
Authority of Federal Communications Commission; Effect of RepealSee provisions set out as a note under section 1 of this title.
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description: "Subsidized companies required to construct and operate lines"
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# 47 U.S.C. § 9 - Subsidized companies required to construct and operate lines
## Text
All railroad and telegraph companies to which the United States has granted any subsidy in lands or bonds or loan of credit for the construction of either railroad or telegraph lines, which, by the acts incorporating them, or by any act amendatory or supplementary thereto, are required to construct, maintain, or operate telegraph lines, and all companies engaged in operating said railroad or telegraph lines shall, by and through their own respective corporate officers and employees, maintain, and operate, for railroad, governmental, commercial, and all other purposes, telegraph lines, and exercise by themselves alone all the telegraph franchises conferred upon them and obligations assumed by them under the acts making the grants as aforesaid.
(Aug. 7, 1888, ch. 772, § 1, 25 Stat. 382.)
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# 47 U.S.C. § 1101 to 1110 - Repealed. Pub. L. 115334, title VI, § 6603(2), Dec. 20, 2018, 132 Stat. 4777
## Notes
Section 1101, Pub. L. 106553, § 1(a)(2) [title X, § 1002], Dec. 21, 2000, 114 Stat. 2762, 2762A128, related to the purpose of this chapter, to facilitate access to signals of local television stations for households in nonserved areas and underserved areas.
Section 1102, Pub. L. 106553, § 1(a)(2) [title X, § 1003], Dec. 21, 2000, 114 Stat. 2762, 2762A128, related to establishment of the LOCAL Television Loan Guarantee Board.
Section 1103, Pub. L. 106553, § 1(a)(2) [title X, § 1004], Dec. 21, 2000, 114 Stat. 2762, 2762A129; Pub. L. 107171, title VI, § 6404(b)(1), May 13, 2002, 116 Stat. 430; Pub. L. 110289, div. A, title II, § 1216(f), July 30, 2008, 122 Stat. 2792, related to approval of loan guarantees.
Section 1104, Pub. L. 106553, § 1(a)(2) [title X, § 1005], Dec. 21, 2000, 114 Stat. 2762, 2762A134; Pub. L. 107171, title VI, § 6404(b)(2), May 13, 2002, 116 Stat. 430, related to administration of loan guarantees.
Section 1105, Pub. L. 106553, § 1(a)(2) [title X, § 1006], Dec. 21, 2000, 114 Stat. 2762, 2762A138, related to annual audit.
Section 1106, Pub. L. 106553, § 1(a)(2) [title X, § 1007], Dec. 21, 2000, 114 Stat. 2762, 2762A138, related to improved cellular service in rural areas.
Section 1107, Pub. L. 106553, § 1(a)(2) [title X, § 1009], Dec. 21, 2000, 114 Stat. 2762, 2762A140, related to the sunset for approval of loan guarantees, which was Dec. 31, 2006.
Section 1108, Pub. L. 106553, § 1(a)(2) [title X, § 1010], Dec. 21, 2000, 114 Stat. 2762, 2762A140, related to definitions.
Section 1109, Pub. L. 106553, § 1(a)(2) [title X, § 1011], Dec. 21, 2000, 114 Stat. 2762, 2762A141; Pub. L. 107171, title VI, § 6404(a), May 13, 2002, 116 Stat. 429, related to authorizations of appropriations.
Section 1110, Pub. L. 106553, § 1(a)(2) [title X, § 1012], Dec. 21, 2000, 114 Stat. 2762, 2762A141, related to prevention of interference to direct broadcast satellite services.
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 106553, § 1(a)(2) [title X, § 1001], Dec. 21, 2000, 114 Stat. 2762, 2762A128, which provided that title X of H.R. 5548, as enacted by section 1(a)(2) of Pub. L. 106553, which enacted former chapter X and amended section 339 of this title, could be cited as the “Launching Our Communities Access to Local Television Act of 2000”, was repealed by Pub. L. 115334, title VI, § 6603(2), Dec. 20, 2018, 132 Stat. 4777.
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# 47 U.S.C. § 1201 - Federal Communications Commission duties
## Text
(a) Commercial mobile service alert regulations Within 180 days after the date on which the Commercial Mobile Service Alert Advisory Committee, established pursuant to section 1202(a) of this title, transmits recommendations to the Federal Communications Commission, the Commission shall complete a proceeding to adopt relevant technical standards, protocols, procedures, and other technical requirements based on the recommendations of such Advisory Committee necessary to enable commercial mobile service alerting capability for commercial mobile service providers that voluntarily elect to transmit emergency alerts. The Commission shall consult with the National Institute of Standards and Technology regarding the adoption of technical standards under this subsection.
(b) Commercial mobile service election (1) Amendment of commercial mobile service license Within 120 days after the date on which the Federal Communications Commission adopts relevant technical standards and other technical requirements pursuant to subsection (a), the Commission shall complete a proceeding—
(A) to allow any licensee providing commercial mobile service (as defined in section 332(d)(1) of this title) to transmit emergency alerts to subscribers to, or users of, the commercial mobile service provided by such licensee;
(B) to require any licensee providing commercial mobile service that elects, in whole or in part, under paragraph (2) not to transmit emergency alerts to provide clear and conspicuous notice at the point of sale of any devices with which its commercial mobile service is included, that it will not transmit such alerts via the service it provides for the device; and
(C) to require any licensee providing commercial mobile service that elects under paragraph (2) not to transmit emergency alerts to notify its existing subscribers of its election.
(2) Election (A) In general Within 30 days after the Commission issues its order under paragraph (1), each licensee providing commercial mobile service shall file an election with the Commission with respect to whether or not it intends to transmit emergency alerts.
(B) Transmission standards; notification If a licensee providing commercial mobile service elects to transmit emergency alerts via its commercial mobile service, the licensee shall—
(i) notify the Commission of its election; and
(ii) agree to transmit such alerts in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission.
(C) No fee for service A commercial mobile service licensee that elects to transmit emergency alerts may not impose a separate or additional charge for such transmission or capability.
(D) Withdrawal; late election The Commission shall establish a procedure—
(i) for a commercial mobile service licensee that has elected to transmit emergency alerts to withdraw its election without regulatory penalty or forfeiture upon advance written notification of the withdrawal to its affected subscribers;
(ii) for a commercial mobile service licensee to elect to transmit emergency alerts at a date later than provided in subparagraph (A); and
(iii) under which a subscriber may terminate a subscription to service provided by a commercial mobile service licensee that withdraws its election without penalty or early termination fee.
(E) Consumer choice technology Any commercial mobile service licensee electing to transmit emergency alerts may offer subscribers the capability of preventing the subscribers device from receiving such alerts, or classes of such alerts, other than an alert issued by—
(i) the President; or
(ii) the Administrator of the Federal Emergency Management Agency.
(c) Digital television transmission towers retransmission capability Within 90 days after the date on which the Commission adopts relevant technical standards based on recommendations of the Commercial Mobile Service Alert Advisory Committee, established pursuant to section 1202(a) of this title, the Commission shall complete a proceeding to require licensees and permittees of noncommercial educational broadcast stations or public broadcast stations (as those terms are defined in section 397(6) of this title) to install necessary equipment and technologies on, or as part of, any broadcast television digital signal transmitter to enable the distribution of geographically targeted alerts by commercial mobile service providers that have elected to transmit emergency alerts under this section.
(d) FCC regulation of compliance The Federal Communications Commission may enforce compliance with this chapter but shall have no rulemaking authority under this chapter, except as provided in subsections (a), (b), (c), and (f).
(e) Limitation of liability (1) In general Any commercial mobile service provider (including its officers, directors, employees, vendors, and agents) that transmits emergency alerts and meets its obligations under this chapter shall not be liable to any subscriber to, or user of, such persons service or equipment for—
(A) any act or omission related to or any harm resulting from the transmission of, or failure to transmit, an emergency alert; or
(B) the release to a government agency or entity, public safety, fire service, law enforcement official, emergency medical service, or emergency facility of subscriber information used in connection with delivering such an alert.
(2) Election not to transmit alerts The election by a commercial mobile service provider under subsection (b)(2)(A) not to transmit emergency alerts, or to withdraw its election to transmit such alerts under subsection (b)(2)(D) shall not, by itself, provide a basis for liability against the provider (including its officers, directors, employees, vendors, and agents).
(f) Testing The Commission shall require by regulation technical testing for commercial mobile service providers that elect to transmit emergency alerts and for the devices and equipment used by such providers for transmitting such alerts.
(Pub. L. 109347, title VI, § 602, Oct. 13, 2006, 120 Stat. 1936; Pub. L. 116283, div. H, title XCII, § 9201(a)(1), Jan. 1, 2021, 134 Stat. 4785.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (d) and (e)(1), was in the original “this title”, meaning title VI of Pub. L. 109347, Oct. 13, 2006, 120 Stat. 1936, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out below and Tables.
Amendments2021—Subsec. (b)(2)(E). Pub. L. 116283, substituted in first sentence, “other than an alert issued by—” for “other than an alert issued by the President.”, and added cls. (i) and (ii), and struck out after first sentence “Within 2 years after the Commission completes the proceeding under paragraph (1), the Commission shall examine the issue of whether a commercial mobile service provider should continue to be permitted to offer its subscribers such capability. The Commission shall submit a report with its recommendations to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.”
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 109347, title VI, § 601, Oct. 13, 2006, 120 Stat. 1936, provided that: “This title [enacting this chapter, section 314a of Title 6, Domestic Security, and section 5189e of Title 42, The Public Health and Welfare, and amending section 101 of Title 6 and sections 5150, 5172, 5173, and 5184 of Title 42] may be cited as the Warning, Alert, and Response Network Act.”
Wireless Emergency Alerts for Shark AttacksPub. L. 119100, June 26, 2026, 140 Stat. 845, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as Lulus Law. “SEC. 2. WIRELESS EMERGENCY ALERTS.“(a) Definition.—In this section, the term Alert Message has the meaning given the term in section 10.10(a) of title 47, Code of Federal Regulations, or any successor regulation. “(b) Requirement.—Not later than 180 days after the date of enactment of this Act [June 26, 2026], the Federal Communications Commission shall issue an order to provide that a shark attack is an event for which an Alert Message may be transmitted.”
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# 47 U.S.C. § 1202 - Commercial Mobile Service Alert Advisory Committee
## Text
(a) Establishment Not later than 60 days after October 13, 2006, the chairman of the Federal Communications Commission shall establish an advisory committee, to be known as the Commercial Mobile Service Alert Advisory Committee (referred to in this section as the “Advisory Committee”).
(b) Membership The chairman of the Federal Communications Commission shall appoint the members of the Advisory Committee, as soon as practicable after October 13, 2006, from the following groups:
(1) State and local government representatives Representatives of State and local governments and representatives of emergency response providers, selected from among individuals nominated by national organizations representing such governments and personnel.
(2) Tribal governments Representatives from Federally recognized Indian tribes and National Indian organizations.
(3) Subject matter experts Individuals who have the requisite technical knowledge and expertise to serve on the Advisory Committee in the fulfillment of its duties, including representatives of—
(A) communications service providers;
(B) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services;
(C) third-party service bureaus;
(D) technical experts from the broadcasting industry;
(E) the national organization representing the licensees and permittees of noncommercial broadcast television stations;
(F) national organizations representing individuals with special needs, including individuals with disabilities and the elderly; and
(G) other individuals with relevant technical expertise.
(4) Qualified representatives of other stakeholders and interested parties Qualified representatives of such other stakeholders and interested and affected parties as the chairman deems appropriate.
(c) Development of system-critical recommendations Within 1 year after October 13, 2006, the Advisory Committee shall develop and submit to the Federal Communications Commission recommendations—
(1) for protocols, technical capabilities, and technical procedures through which electing commercial mobile service providers receive, verify, and transmit alerts to subscribers;
(2) for the establishment of technical standards for priority transmission of alerts by electing commercial mobile service providers to subscribers;
(3) for relevant technical standards for devices and equipment and technologies used by electing commercial mobile service providers to transmit emergency alerts to subscribers;
(4) for the technical capability to transmit emergency alerts by electing commercial mobile providers to subscribers in languages in addition to English, to the extent practicable and feasible;
(5) under which electing commercial mobile service providers may offer subscribers the capability of preventing the subscribers device from receiving emergency alerts, or classes of such alerts, (other than an alert issued by the President), consistent with section 1201(b)(2)(E) of this title;
(6) for a process under which commercial mobile service providers can elect to transmit emergency alerts if—
(A) not all of the devices or equipment used by such provider are capable of receiving such alerts; or
(B) the provider cannot offer such alerts throughout the entirety of its service area; and
(7) as otherwise necessary to enable electing commercial mobile service providers to transmit emergency alerts to subscribers.
(d) Meetings (1) Initial meeting The initial meeting of the Advisory Committee shall take place not later than 60 days after October 13, 2006.
(2) Other meetings After the initial meeting, the Advisory Committee shall meet at the call of the chair.
(3) Notice; open meetings Any meetings held by the Advisory Committee shall be duly noticed at least 14 days in advance and shall be open to the public.
(e) Rules (1) Quorum One-third of the members of the Advisory Committee shall constitute a quorum for conducting business of the Advisory Committee.
(2) Subcommittees To assist the Advisory Committee in carrying out its functions, the chair may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts as deemed necessary.
(3) Additional rules The Advisory Committee may adopt other rules as needed.
(f) Chapter 10 of title 5 Neither chapter 10 of title 5 nor any rule, order, or regulation promulgated under that chapter shall apply to the Advisory Committee.
(g) Consultation with NIST The Advisory Committee shall consult with the National Institute of Standards and Technology in its work on developing recommendations under paragraphs (2) and (3) of subsection (c).
(Pub. L. 109347, title VI, § 603, Oct. 13, 2006, 120 Stat. 1938; Pub. L. 117286, § 4(a)(300), Dec. 27, 2022, 136 Stat. 4339.)
## Notes
Editorial Notes
Amendments2022—Subsec. (f). Pub. L. 117286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5 nor any rule, order, or regulation promulgated under that chapter” for “the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act” in text.
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# 47 U.S.C. § 1203 - Research and development
## Text
(a) In general The Under Secretary of Homeland Security for Science and Technology, in consultation with the director of the National Institute of Standards and Technology and the chairman of the Federal Communications Commission, shall establish a research, development, testing, and evaluation program based on the recommendations of the Commercial Mobile Service Alert Advisory Committee, established pursuant to section 1202(a) of this title, to support the development of technologies to increase the number of commercial mobile service devices that can receive emergency alerts.
(b) Functions The program established under subsection (a) shall—
(1) fund research, development, testing, and evaluation at academic institutions, private sector entities, government laboratories, and other appropriate entities; and
(2) ensure that the program addresses, at a minimum—
(A) developing innovative technologies that will transmit geographically targeted emergency alerts to the public; and
(B) research on understanding and improving public response to warnings.
(Pub. L. 109347, title VI, § 604, Oct. 13, 2006, 120 Stat. 1940.)
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# 47 U.S.C. § 1204 - Grant program for remote community alert systems
## Text
(a) Grant program The Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Secretary of Homeland Security, shall establish a program under which grants may be made to provide for outdoor alerting technologies in remote communities effectively unserved by commercial mobile service (as determined by the Federal Communications Commission within 180 days after October 13, 2006) for the purpose of enabling residents of those communities to receive emergency alerts.
(b) Applications and conditions In conducting the program, the Under Secretary—
(1) shall establish a notification and application procedure; and
(2) may establish such conditions, and require such assurances, as may be appropriate to ensure the efficiency and integrity of the grant program.
(c) Sunset The Under Secretary may not make grants under subsection (a) more than 5 years after October 13, 2006.
(d) Limitation The sum of the amounts awarded for all fiscal years as grants under this section may not exceed $10,000,000.
(Pub. L. 109347, title VI, § 605, Oct. 13, 2006, 120 Stat. 1940.)
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# 47 U.S.C. § 1205 - Funding
## Text
(a) In general In addition to any amounts provided by appropriation Acts, funding for this chapter shall be provided from the Digital Transition and Public Safety Fund in accordance with section 3010 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note).
(b) Compensation The Assistant Secretary of Commerce for Communications and Information shall compensate any such broadcast station licensee or permittee for reasonable costs incurred in complying with the requirements imposed pursuant to section 1201(c) of this title from funds made available under this section. The Assistant Secretary shall ensure that sufficient funds are made available to effectuate geographically targeted alerts.
(c) Credit The Assistant Secretary of Commerce for Communications and Information, in consultation with the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Commerce for Oceans and Atmosphere, may borrow from the Treasury beginning on October 1, 2006, such sums as may be necessary, but not to exceed $106,000,000, to implement this chapter. The Assistant Secretary of Commerce for Communications and Information shall ensure that the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Commerce for Oceans and Atmosphere are provided adequate funds to carry out their responsibilities under sections 1203 and 1204 of this title. The Treasury shall be reimbursed, without interest, from amounts in the Digital Television Transition and Public Safety Fund as funds are deposited into the Fund.
(Pub. L. 109347, title VI, § 606, Oct. 13, 2006, 120 Stat. 1941.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (c), was in the original “this title”, meaning title VI of Pub. L. 109347, Oct. 13, 2006, 120 Stat. 1936, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out under section 1201 of this title and Tables. Section 3010 of the Digital Television Transition and Public Safety Act of 2005, referred to in subsec. (a), is section 3010 of Pub. L. 109171, which is set out in a note under section 309 of this title.
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# 47 U.S.C. § 1206 - Reliable emergency alert distribution improvement
## Text
(a) Wireless emergency alerts system offerings (1) Omitted
(2) Regulations Not later than 180 days after January 1, 2021, the Commission, in consultation with the Administrator, shall adopt regulations to implement the amendment made by paragraph (1)(B).11 See References in Text note below.
(b) State emergency alert system plans and emergency communications committees (1) State emergency communications committee Not later than 180 days after January 1, 2021, the Commission shall adopt regulations that—
(A) encourage the chief executive of each State—
(i) to establish an SECC if the State does not have an SECC; or
(ii) if the State has an SECC, to review the composition and governance of the SECC;
(B) provide that—
(i) each SECC, not less frequently than annually, shall—
(I) meet to review and update its State EAS Plan;
(II) certify to the Commission that the SECC has met as required under subclause (I); and
(III) submit to the Commission an updated State EAS Plan; and
(ii) not later than 60 days after the date on which the Commission receives an updated State EAS Plan under clause (i)(III), the Commission shall—
(I) approve or disapprove the updated State EAS Plan; and
(II) notify the chief executive of the State of the Commissions approval or disapproval of such plan, and reason therefor; and
(C) establish a State EAS Plan content checklist for SECCs to use when reviewing and updating a State EAS Plan for submission to the Commission under subparagraph (B)(i).
(2) Consultation The Commission shall consult with the Administrator regarding the adoption of regulations under paragraph (1)(C).
(3) Definitions In this subsection—
(A) the term “SECC” means a State Emergency Communications Committee;
(B) the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States; and
(C) the term “State EAS Plan” means a State Emergency Alert System Plan.
(c) False alert reporting Not later than 180 days after January 1, 2021, the Commission, in consultation with the Administrator, shall complete a rulemaking proceeding to establish a system to receive from the Administrator or State, Tribal, or local governments reports of false alerts under the Emergency Alert System or the Wireless Emergency Alerts System for the purpose of recording such false alerts and examining the causes of such false alerts.
(d) Repeating emergency alert system messages for national security (1) In general Not later than 180 days after January 1, 2021, the Commission, in consultation with the Administrator, shall complete a rulemaking proceeding to modify the Emergency Alert System to provide for repeating Emergency Alert System messages while an alert remains pending that is issued by—
(A) the President;
(B) the Administrator; or
(C) any other entity determined appropriate under the circumstances by the Commission, in consultation with the Administrator.
(2) Scope of rulemaking Paragraph (1) shall—
(A) apply to warnings of national security events, meaning emergencies of national significance, such as a missile threat, terror attack, or other act of war or threat to public safety; and
(B) not apply to more typical warnings, such as a weather alert, AMBER Alert, or disaster alert.
(3) Rule of construction Nothing in this subsection shall be construed to impair, limit, or otherwise change—
(A) the authority of the President granted by law to alert and warn the public; or
(B) the role of the President as commander-in-chief with respect to the identification, dissemination, notification, or alerting of information of missile threats against the United States, or threats to public safety.
(e) Internet and online streaming services emergency alert examination (1) Study Not later than 180 days after January 1, 2021, and after providing public notice and opportunity for comment, the Commission shall complete an inquiry to examine the feasibility of updating the Emergency Alert System to enable or improve alerts to consumers provided through the internet, including through streaming services.
(2) Report Not later than 90 days after completing the inquiry under paragraph (1), the Commission shall submit a report on the findings and conclusions of the inquiry to—
(A) the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the House of Representatives.
(f) Definitions In this section—
(1) the term “Administrator” means the Administrator of the Federal Emergency Management Agency;
(2) the term “Commission” means the Federal Communications Commission;
(3) the term “Emergency Alert System” means the national public warning system, the rules for which are set forth in part 11 of title 47, Code of Federal Regulations (or any successor regulation); and
(4) the term “Wireless Emergency Alerts System” means the wireless national public warning system established under the Warning, Alert, and Response Network Act (47 U.S.C. 1201 et seq.), the rules for which are set forth in part 10 of title 47, Code of Federal Regulations (or any successor regulation).
(Pub. L. 116283, div. H, title XCII, § 9201, Jan. 1, 2021, 134 Stat. 4785.)
## Notes
Editorial Notes
References in TextThe amendment made by paragraph (1)(B), referred to in subsec. (a)(2), means the amendment made by Pub. L. 116283, § 9201(a)(1)(B) which amended section 1201 of this title. The Warning, Alert, and Response Network Act, referred to in subsec. (f)(4), is title VI of Pub. L. 109347, Oct. 13, 2006, 120 Stat. 1936, which is classified principally to chapter 11 (§ 1201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set under section 1201 of this title and Tables.
Codification Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and not as part of the Warning, Alert, and Response Network Act which comprises this chapter. Section is comprised of section 9201 of Pub. L. 116283. Subsec. (a) of section 9201 of Pub. L. 116283 amended section 1201 of this title.
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# 47 U.S.C. § 1302 - Advanced telecommunications incentives
## Text
(a) In general The Commission and each State commission with regulatory jurisdiction over telecommunications services shall encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) by utilizing, in a manner consistent with the public interest, convenience, and necessity, price cap regulation, regulatory forbearance, measures that promote competition in the local telecommunications market, or other regulating methods that remove barriers to infrastructure investment.
(b) Inquiry The Commission shall, within 30 months after February 8, 1996, and annually thereafter, initiate a notice of inquiry concerning the availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) and shall complete the inquiry within 180 days after its initiation. In the inquiry, the Commission shall determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion. If the Commissions determination is negative, it shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.
(c) Demographic information for unserved areas As part of the inquiry required by subsection (b), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability (as defined by subsection (d)(1)) 11 See References in Text note below. and to the extent that data from the Census Bureau is available, determine, for each such unserved area—
(1) the population;
(2) the population density; and
(3) the average per capita income.
(d) Definitions For purposes of this subsection: 22 So in original. Probably should be “section:”.
(1) Advanced telecommunications capability The term “advanced telecommunications capability” is defined, without regard to any transmission media or technology, as high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.
(2) Elementary and secondary schools The term “elementary and secondary schools” means elementary and secondary schools, as defined in section 7801 of title 20.
(Pub. L. 104104, title VII, § 706, Feb. 8, 1996, 110 Stat. 153; Pub. L. 107110, title X, § 1076(gg), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 110385, title I, § 103(a), Oct. 10, 2008, 122 Stat. 4096; Pub. L. 11495, title IX, § 9215(ttt), Dec. 10, 2015, 129 Stat. 2190.)
## Notes
Editorial Notes
References in TextSubsection (d)(1), referred to in subsec. (c), was in the original “section 706(c)(1) of the Telecommunications Act of 1996” and was translated as reading “section 706(d)(1) of the Telecommunications Act of 1996”, which is classified to subsection (d)(1) of this section, to reflect the probable intent of Congress and the redesignation of subsec. (c) as (d) by Pub. L. 110385, title I, § 103(a)(2), Oct. 10, 2008, 122 Stat. 4096.
Codification Section was formerly set out as a note under section 157 of this title. Section was enacted as part of the Telecommunications Act of 1996, and not as part of the Broadband Data Improvement Act which comprises this chapter.
Amendments2015—Subsec. (d)(2). Pub. L. 11495 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. 2008—Subsec. (b). Pub. L. 110385, § 103(a)(1), substituted “annually” for “regularly”. Subsecs. (c), (d). Pub. L. 110385, § 103(a)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 2002—Subsec. (c)(2). Pub. L. 107110 substituted “section 7801 of title 20” for “paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of Title 20, Education.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107110, set out as an Effective Date note under section 6301 of Title 20, Education.
Definitions For definitions of terms used in this section, see section 3(b) of Pub. L. 104104, set out as a Common Terminology note under section 153 of this title.
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# 47 U.S.C. § 1303 - Improving Federal data on broadband
## Text
(a) Omitted
(b) International comparison (1) In general As part of its report under section 163 of this title, the Federal Communications Commission shall include information comparing the extent of broadband service capability (including data transmission speeds and price for broadband service capability) in a total of 75 communities in at least 25 countries abroad for each of the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers.
(2) Contents The Commission shall choose communities for the comparison under this subsection in a manner that will offer, to the extent possible, communities of a population size, population density, topography, and demographic profile that are comparable to the population size, population density, topography, and demographic profile of various communities within the United States. The Commission shall include in the comparison under this subsection—
(A) a geographically diverse selection of countries; and
(B) communities including the capital cities of such countries.
(3) Similarities and differences The Commission shall identify relevant similarities and differences in each community, including their market structures, the number of competitors, the number of facilities-based providers, the types of technologies deployed by such providers, the applications and services those technologies enable, the regulatory model under which broadband service capability is provided, the types of applications and services used, business and residential use of such services, and other media available to consumers.
(c) Consumer survey of broadband service capability (1) In general For the purpose of evaluating, on a statistically significant basis, the national characteristics of the use of broadband service capability, the Commission shall conduct and make public periodic surveys of consumers in urban, suburban, and rural areas in the large business, small business, and residential consumer markets to determine—
(A) the types of technology used to provide the broadband service capability to which consumers subscribe;
(B) the amounts consumers pay per month for such capability;
(C) the actual data transmission speeds of such capability;
(D) the types of applications and services consumers most frequently use in conjunction with such capability;
(E) for consumers who have declined to subscribe to broadband service capability, the reasons given by such consumers for declining such capability;
(F) other sources of broadband service capability which consumers regularly use or on which they rely; and
(G) any other information the Commission deems appropriate for such purpose.
(2) Public availability The Commission shall make publicly available the results of surveys conducted under this subsection at least once per year.
(d) Improving Census data on broadband The Secretary of Commerce, in consultation with the Federal Communications Commission, shall expand the American Community Survey conducted by the Bureau of the Census to elicit information for residential households, including those located on native lands, to determine whether persons at such households own or use a computer at that address, whether persons at that address subscribe to Internet service and, if so, whether such persons subscribe to dial-up or broadband Internet service at that address.
(e) Proprietary information Nothing in this chapter shall reduce or remove any obligation the Commission has to protect proprietary information, nor shall this chapter be construed to compel the Commission to make publicly available any proprietary information.
(Pub. L. 110385, title I, § 103, Oct. 10, 2008, 122 Stat. 4096; Pub. L. 115141, div. P, title IV, § 402(c), Mar. 23, 2018, 132 Stat. 1089.)
## Notes
Editorial Notes
Codification Section is comprised of section 103 of Pub. L. 110385. Subsec. (a) of section 103 of Pub. L. 110385 amended section 1302 of this title.
Amendments2018—Subsec. (b)(1). Pub. L. 115141 substituted “its report under section 163 of this title, the Federal Communications Commission” for “the assessment and report required by section 1302 of this title, the Federal Communications Commission”.
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# 47 U.S.C. § 1304 - Encouraging State initiatives to improve broadband
## Text
(a) Purposes The purposes of any grant under subsection (b) are—
(1) to ensure that all citizens and businesses in a State have access to affordable and reliable broadband service;
(2) to achieve improved technology literacy, increased computer ownership, and broadband use among such citizens and businesses;
(3) to establish and empower local grassroots technology teams in each State to plan for improved technology use across multiple community sectors; and
(4) to establish and sustain an environment ripe for broadband services and information technology investment.
(b) Establishment of State broadband data and development grant program (1) In general The Secretary of Commerce shall award grants, taking into account the results of the peer review process under subsection (d), to eligible entities for the development and implementation of statewide initiatives to identify and track the availability and adoption of broadband services within each State.
(2) Competitive basis Any grant under subsection (b) shall be awarded on a competitive basis.
(c) Eligibility To be eligible to receive a grant under subsection (b), an eligible entity shall—
(1) submit an application to the Secretary of Commerce, at such time, in such manner, and containing such information as the Secretary may require;
(2) contribute matching non-Federal funds in an amount equal to not less than 20 percent of the total amount of the grant; and
(3) agree to comply with confidentiality requirements in subsection (h)(2) of this section.
(d) Peer review; nondisclosure (1) In general The Secretary shall by regulation require appropriate technical and scientific peer review of applications made for grants under this section.
(2) Review procedures The regulations required under paragraph (1) shall require that any technical and scientific peer review group—
(A) be provided a written description of the grant to be reviewed;
(B) provide the results of any review by such group to the Secretary of Commerce; and
(C) certify that such group will enter into voluntary nondisclosure agreements as necessary to prevent the unauthorized disclosure of confidential and proprietary information provided by broadband service providers in connection with projects funded by any such grant.
(e) Use of funds A grant awarded to an eligible entity under subsection (b) shall be used—
(1) to provide a baseline assessment of broadband service deployment in each State;
(2) to identify and track—
(A) areas in each State that have low levels of broadband service deployment;
(B) the rate at which residential and business users adopt broadband service and other related information technology services; and
(C) possible suppliers of such services;
(3) to identify barriers to the adoption by individuals and businesses of broadband service and related information technology services, including whether or not—
(A) the demand for such services is absent; and
(B) the supply for such services is capable of meeting the demand for such services;
(4) to identify the speeds of broadband connections made available to individuals and businesses within the State, and, at a minimum, to rely on the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers, to promote greater consistency of data among the States;
(5) to create and facilitate in each county or designated region in a State a local technology planning team—
(A) with members representing a cross section of the community, including representatives of business, telecommunications labor organizations, K12 education, health care, libraries, higher education, community-based organizations, local government, tourism, parks and recreation, and agriculture; and
(B) which shall—
(i) benchmark technology use across relevant community sectors;
(ii) set goals for improved technology use within each sector; and
(iii) develop a tactical business plan for achieving its goals, with specific recommendations for online application development and demand creation;
(6) to work collaboratively with broadband service providers and information technology companies to encourage deployment and use, especially in unserved areas and areas in which broadband penetration is significantly below the national average, through the use of local demand aggregation, mapping analysis, and the creation of market intelligence to improve the business case for providers to deploy;
(7) to establish programs to improve computer ownership and Internet access for unserved areas and areas in which broadband penetration is significantly below the national average;
(8) to collect and analyze detailed market data concerning the use and demand for broadband service and related information technology services;
(9) to facilitate information exchange regarding the use and demand for broadband services between public and private sectors; and
(10) to create within each State a geographic inventory map of broadband service, including the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers, which shall—
(A) identify gaps in such service through a method of geographic information system mapping of service availability based on the geographic boundaries of where service is available or unavailable among residential or business customers; and
(B) provide a baseline assessment of statewide broadband deployment in terms of households with high-speed availability.
(f) Participation limit For each State, an eligible entity may not receive a new grant under this section to fund the activities described in subsection (d) within such State if such organization obtained prior grant awards under this section to fund the same activities in that State in each of the previous 4 consecutive years.
(g) Reporting; broadband inventory map The Secretary of Commerce shall—
(1) require each recipient of a grant under subsection (b) to submit a report on the use of the funds provided by the grant; and
(2) create a web page on the Department of Commerce website that aggregates relevant information made available to the public by grant recipients, including, where appropriate, hypertext links to any geographic inventory maps created by grant recipients under subsection (e)(10).
(h) Access to aggregate data (1) In general Subject to paragraph (2), the Commission shall provide eligible entities access, in electronic form, to aggregate data collected by the Commission based on the Form 477 submissions of broadband service providers.
(2) Limitation Notwithstanding any provision of Federal or State law to the contrary, an eligible entity shall treat any matter that is a trade secret, commercial or financial information, or privileged or confidential, as a record not subject to public disclosure except as otherwise mutually agreed to by the broadband service provider and the eligible entity. This paragraph applies only to information submitted by the Commission or a broadband provider to carry out the provisions of this chapter and shall not otherwise limit or affect the rules governing public disclosure of information collected by any Federal or State entity under any other Federal or State law or regulation.
(i) Definitions In this section:
(1) Commission The term “Commission” means the Federal Communications Commission.
(2) Eligible entity The term “eligible entity” means—
(A) an entity that is either—
(i) an agency or instrumentality of a State, or a municipality or other subdivision (or agency or instrumentality of a municipality or other subdivision) of a State;
(ii) a nonprofit organization that is described in section 501(c)(3) of title 26 and that is exempt from taxation under section 501(a) of such title; or
(iii) an independent agency or commission in which an office of a State is a member on behalf of the State; and
(B) is the single eligible entity in the State that has been designated by the State to receive a grant under this section.
(j) No regulatory authority Nothing in this section shall be construed as giving any public or private entity established or affected by this chapter any regulatory jurisdiction or oversight authority over providers of broadband services or information technology.
(Pub. L. 110385, title I, § 106, Oct. 10, 2008, 122 Stat. 4099.)
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# 47 U.S.C. § 1305 - Broadband Technology Opportunities Program
## Text
(a) Establishment The Assistant Secretary of Commerce for Communications and Information (Assistant Secretary), in consultation with the Federal Communications Commission (Commission), shall establish a national broadband service development and expansion program in conjunction with the technology opportunities program, which shall be referred to as the Broadband Technology Opportunities Program. The Assistant Secretary shall ensure that the program complements and enhances and does not conflict with other Federal broadband initiatives and programs.
(b) Purposes The purposes of the program are to—
(1) provide access to broadband service to consumers residing in unserved areas of the United States;
(2) provide improved access to broadband service to consumers residing in underserved areas of the United States;
(3) provide broadband education, awareness, training, access, equipment, and support to—
(A) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, and other community support organizations and entities to facilitate greater use of broadband service by or through these organizations;
(B) organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations; and
(C) job-creating strategic facilities located within a State-designated economic zone, Economic Development District designated by the Department of Commerce, Renewal Community or Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture;
(4) improve access to, and use of, broadband service by public safety agencies; and
(5) stimulate the demand for broadband, economic growth, and job creation.
(c) Consultation with States The Assistant Secretary may consult a State, the District of Columbia, or territory or possession of the United States with respect to—
(1) the identification of areas described in subsection (b)(1) or (2) located in that State; and
(2) the allocation of grant funds within that State for projects in or affecting the State.
(d) Duties of Assistant Secretary The Assistant Secretary shall—
(1) establish and implement the grant program as expeditiously as practicable;
(2) ensure that all awards are made before the end of fiscal year 2010;
(3) seek such assurances as may be necessary or appropriate from grantees under the program that they will substantially complete projects supported by the program in accordance with project timelines, not to exceed 2 years following an award; and
(4) report on the status of the program to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, every 90 days.
(e) Eligibility To be eligible for a grant under the program, an applicant shall—
(1) (A) be a State or political subdivision thereof, the District of Columbia, a territory or possession of the United States, an Indian tribe (as defined in section 5304 of title 25) or native Hawaiian organization;
(B) a nonprofit—
(i) foundation,
(ii) corporation,
(iii) institution, or
(iv) association; or
(C) any other entity, including a broadband service or infrastructure provider, that the Assistant Secretary finds by rule to be in the public interest. In establishing such rule, the Assistant Secretary shall to the extent practicable promote the purposes of this section in a technologically neutral manner;
(2) submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require;
(3) provide a detailed explanation of how any amount received under the program will be used to carry out the purposes of this section in an efficient and expeditious manner, including a showing that the project would not have been implemented during the grant period without Federal grant assistance;
(4) demonstrate, to the satisfaction of the Assistant Secretary, that it is capable of carrying out the project or function to which the application relates in a competent manner in compliance with all applicable Federal, State, and local laws;
(5) demonstrate, to the satisfaction of the Assistant Secretary, that it will appropriate (if the applicant is a State or local government agency) or otherwise unconditionally obligate, from non-Federal sources, funds required to meet the requirements of subsection (f);
(6) disclose to the Assistant Secretary the source and amount of other Federal or State funding sources from which the applicant receives, or has applied for, funding for activities or projects to which the application relates; and
(7) provide such assurances and procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner.
(f) Federal share The Federal share of any project may not exceed 80 percent, except that the Assistant Secretary may increase the Federal share of a project above 80 percent if—
(1) the applicant petitions the Assistant Secretary for a waiver; and
(2) the Assistant Secretary determines that the petition demonstrates financial need.
(g) Authorization to make grants; purposes The Assistant Secretary may make competitive grants under the program to—
(1) acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure for broadband services;
(2) construct and deploy broadband service related infrastructure;
(3) ensure access to broadband service by community anchor institutions;
(4) facilitate access to broadband service by low-income, unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations;
(5) construct and deploy broadband facilities that improve public safety broadband communications services; and
(6) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program is established.
(h) Factors considered in award of grants The Assistant Secretary, in awarding grants under this section, shall, to the extent practical—
(1) award not less than 1 grant in each State;
(2) consider whether an application to deploy infrastructure in an area—
(A) will, if approved, increase the affordability of, and subscribership to, service to the greatest population of users in the area;
(B) will, if approved, provide the greatest broadband speed possible to the greatest population of users in the area;
(C) will, if approved, enhance service for health care delivery, education, or children to the greatest population of users in the area; and
(D) will, if approved, not result in unjust enrichment as a result of support for non-recurring costs through another Federal program for service in the area; and
(3) consider whether the applicant is a socially and economically disadvantaged small business concern as defined under section 637(a) of title 15.
(i) Reporting and information requirements; deobligation of awards; Internet disclosure The Assistant Secretary—
(1) shall require any entity receiving a grant pursuant to this section to report quarterly, in a format specified by the Assistant Secretary, on such entitys use of the assistance and progress fulfilling the objectives for which such funds were granted, and the Assistant Secretary shall make these reports available to the public;
(2) may establish additional reporting and information requirements for any recipient of any assistance made available pursuant to this section;
(3) shall establish appropriate mechanisms to ensure appropriate use and compliance with all terms of any use of funds made available pursuant to this section;
(4) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary, and award these funds competitively to new or existing applicants consistent with this section; and
(5) shall create and maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains at least a list of each entity that has applied for a grant under this section, a description of each application, the status of each such application, the name of each entity receiving funds made available pursuant to this section, the purpose for which such entity is receiving such funds, each quarterly report submitted by the entity pursuant to this section, and such other information sufficient to allow the public to understand and monitor grants awarded under the program.
(j) Publication of contractual conditions Concurrent with the issuance of the Request for Proposal for grant applications pursuant to this section, the Assistant Secretary shall, in coordination with the Commission, publish the non-discrimination and network interconnection obligations that shall be contractual conditions of grants awarded under this section, including, at a minimum, adherence to the principles contained in the Commissions broadband policy statement (FCC 05-15, adopted August 5, 2005).
(k) National broadband plan (1) Not later than 1 year after February 17, 2009, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report containing a national broadband plan.
(2) The national broadband plan required by this section shall seek to ensure that all people of the United States have access to broadband capability and shall establish benchmarks for meeting that goal. The plan shall also include—
(A) an analysis of the most effective and efficient mechanisms for ensuring broadband access by all people of the United States;
(B) a detailed strategy for achieving affordability of such service and maximum utilization of broadband infrastructure and service by the public;
(C) an evaluation of the status of deployment of broadband service, including progress of projects supported by the grants made pursuant to this section; and
(D) a plan for use of broadband infrastructure and services in advancing consumer welfare, civic participation, public safety and homeland security, community development, health care delivery, energy independence and efficiency, education, worker training, private sector investment, entrepreneurial activity, job creation and economic growth, and other national purposes.
(3) In developing the plan, the Commission shall have access to data provided to other Government agencies under the Broadband Data Improvement Act [47 U.S.C. 1301 et seq.].
(l) Map of service availability and capability The Assistant Secretary shall develop and maintain a comprehensive nationwide inventory map of existing broadband service capability and availability in the United States that depicts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State. Not later than 2 years after February 17, 2009, the Assistant Secretary shall make the broadband inventory map developed and maintained pursuant to this section accessible by the public on a World Wide Web site of the National Telecommunications and Information Administration in a form that is interactive and searchable.
(m) Regulations The Assistant Secretary shall have the authority to prescribe such rules as are necessary to carry out the purposes of this section.
(Pub. L. 1115, div. B, title VI, § 6001, Feb. 17, 2009, 123 Stat. 512.)
## Notes
Editorial Notes
References in TextThe Broadband Data Improvement Act, referred to in subsec. (k)(3), is title I of Pub. L. 110385, Oct. 10, 2008, 122 Stat. 4096, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Codification Section was enacted as part of the American Recovery and Reinvestment Act of 2009, and not as part of the Broadband Data Improvement Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Grants for Broadband ConnectivityPub. L. 116260, div. N, title IX, § 905, Dec. 27, 2020, 134 Stat. 2136, which provided for grants for certain broadband connectivity programs, was transferred to section 1705 of this title.
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# 47 U.S.C. § 1306 - Connecting minority communities
## Text
(a) Definitions In this section:
(1) Anchor community (A) In general The term “anchor community” means any area that—
(i) except as provided in subparagraph (B), is not more than 15 miles from a historically Black college or university, a Tribal College or University, or a Minority-serving institution; and
(ii) has an estimated median annual household income of not more than 250 percent of the poverty line, as that term is defined in section 9902(2) of title 42.
(B) Certain Tribal Colleges or Universities With respect to a Tribal College or University that is located on land held in trust by the United States, the Assistant Secretary, in consultation with the Secretary of the Interior, may establish a different maximum distance for the purposes of subparagraph (A)(i) if the Assistant Secretary is able to ensure that, in establishing that different maximum distance, each anchor community that is established as a result of that action is statistically comparable to other anchor communities described in subparagraph (A).
(2) Assistant Secretary The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
(3) Broadband internet access service The term “broadband internet access service” has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(4) Commission The term “Commission” means the Federal Communications Commission.
(5) Connected device The term “connected device” means a laptop computer, tablet computer, or similar device that is capable of connecting to broadband internet access service.
(6) Director The term “Director” means the Director of the Office.
(7) Eligible equipment The term “eligible equipment” means—
(A) a Wi-Fi hotspot;
(B) a modem;
(C) a router;
(D) a device that combines a modem and router;
(E) a connected device; or
(F) any other equipment used to provide access to broadband internet access service.
(8) Eligible recipient The term “eligible recipient” means—
(A) a historically Black college or university;
(B) a Tribal College or University;
(C) a Minority-serving institution; or
(D) a consortium that is led by a historically Black college or university, a Tribal College or University, or a Minority-serving institution and that also includes—
(i) a minority business enterprise; or
(ii) an organization described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title.
(9) Historically Black college or university The term “historically Black college or university” has the meaning given the term “part B institution” in section 1061 of title 20.
(10) Minority-serving institution The term “Minority-serving institution” means any of the following:
(A) An Alaska Native-serving institution, as that term is defined in section 1059d(b) of title 20.
(B) A Native Hawaiian-serving institution, as that term is defined in section 1059d(b) of title 20.
(C) A Hispanic-serving institution, as that term is defined in section 1101a(a) of title 20.
(D) A Predominantly Black institution, as that term is defined in section 1067q(c) of title 20.
(E) An Asian American and Native American Pacific Islander-serving institution, as that term is defined in section 1059g(b) of title 20.
(F) A Native American-serving, nontribal institution, as that term is defined in section 1059f(b) of title 20.
(11) Minority business enterprise The term “minority business enterprise” has the meaning given the term in section 1400.2 of title 15, Code of Federal Regulations, or any successor regulation.
(12) Office The term “Office” means the Office of Minority Broadband Initiatives established pursuant to subsection (b)(1).
(13) Pilot Program The term “Pilot Program” means the Connecting Minority Communities Pilot Program established under the rules promulgated by the Assistant Secretary under subsection (c)(1).
(14) Tribal College or University The term “Tribal College or University” has the meaning given the term in section 1059c(b) of title 20.
(15) Wi-Fi The term “Wi-Fi” means a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11, or any successor standard.
(16) Wi-Fi hotspot The term “Wi-Fi hotspot” means a device that is capable of—
(A) receiving broadband internet access service; and
(B) sharing broadband internet access service with another device through the use of Wi-Fi.
(b) Office of Minority Broadband Initiatives (1) Establishment Not later than 180 days after December 27, 2020, the Assistant Secretary shall establish within the National Telecommunications and Information Administration the Office of Minority Broadband Initiatives.
(2) Director The Office shall be headed by the Director of the Office of Minority Broadband Initiatives, who shall be appointed by the Assistant Secretary.
(3) Duties The Office, acting through the Director, shall—
(A) collaborate with Federal agencies that carry out broadband internet access service support programs to determine how to expand access to broadband internet access service and other digital opportunities in anchor communities;
(B) collaborate with State, local, and Tribal governments, historically Black colleges or universities, Tribal Colleges or Universities, Minority-serving institutions, and stakeholders in the communications, education, business, and technology fields to—
(i) promote—
(I) initiatives relating to broadband internet access service connectivity for anchor communities; and
(II) digital opportunities for anchor communities;
(ii) develop recommendations to promote the rapid, expanded deployment of broadband internet access service to unserved historically Black colleges or universities, Tribal Colleges or Universities, Minority-serving institutions, and anchor communities, including to—
(I) students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and
(II) senior citizens and veterans who live in anchor communities;
(iii) promote activities that would accelerate the adoption of broadband internet access service (including any associated equipment or personnel necessary to access and use that service, such as modems, routers, devices that combine a modem and a router, Wi-Fi hotspots, and connected devices)—
(I) by students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and
(II) within anchor communities;
(iv) upon request, provide assistance to historically Black colleges or universities, Tribal Colleges or Universities, Minority-serving institutions, and leaders from anchor communities with respect to navigating Federal programs dealing with broadband internet access service;
(v) promote digital literacy skills, including by providing opportunities for virtual or in-person digital literacy training and education;
(vi) promote professional development opportunity partnerships between industry and historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions to help ensure that information technology personnel and students of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions have the skills needed to work with new and emerging technologies with respect to broadband internet access service; and
(vii) explore how to leverage investment in infrastructure with respect to broadband internet access service to—
(I) expand connectivity with respect to that service in anchor communities and by students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions;
(II) encourage investment in communities that have been designated as qualified opportunity zones under section 1400Z1 of title 26; and
(III) serve as a catalyst for adoption of that service, so as to promote job growth and economic development and deployment of advanced technologies; and
(C) assume any functions carried out under the Minority Broadband Initiative of the National Telecommunications and Information Administration, as of the day before December 27, 2020.
(4) Reports (A) In general Not later than 1 year after the date on which the Assistant Secretary establishes the Office under paragraph (1), and annually thereafter, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that—
(i) for the year covered by the report, details the work of the Office in expanding access to fixed and mobile broadband internet access service—
(I) at historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions, including by expanding that access to students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and
(II) within anchor communities; and
(ii) identifies barriers to providing access to broadband internet access service—
(I) at historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions, including to students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and
(II) within anchor communities.
(B) Public availability Not later than 30 days after the date on which the Assistant Secretary submits a report under subparagraph (A), the Assistant Secretary shall, to the extent feasible, make that report publicly available.
(c) Connecting Minority Communities Pilot Program (1) Rules required (A) In general Not later than 45 days after December 27, 2020, the Assistant Secretary shall promulgate rules establishing the Connecting Minority Communities Pilot Program, the purpose of which shall be to provide grants to eligible recipients in anchor communities for the purchase of broadband internet access service or any eligible equipment, or to hire and train information technology personnel—
(i) in the case of an eligible recipient described in subparagraph (A), (B), or (C) of subsection (a)(8), to facilitate educational instruction and learning, including through remote instruction;
(ii) in the case of an eligible recipient described in subsection (a)(8)(D)(i), to operate the minority business enterprise; or
(iii) in the case of an eligible recipient described in subsection (a)(8)(D)(ii), to operate the organization.
(B) Content The rules promulgated under subparagraph (A) shall—
(i) establish a method for identifying which eligible recipients in anchor communities have the greatest unmet financial needs;
(ii) ensure that grants under the Pilot Program are made—
(I) to eligible recipients identified under the method established under clause (i); and
(II) in a manner that best achieves the purposes of the Pilot Program;
(iii) require that an eligible recipient described in subparagraph (A), (B), or (C) of subsection (a)(8) that receives a grant to provide broadband internet access service or eligible equipment to students prioritizes students who—
(I) are eligible to receive a Federal Pell Grant under section 1070a of title 20;
(II) are recipients of any other need-based financial aid from the Federal Government, a State, or that eligible recipient;
(III) are qualifying low-income consumers for the purposes of the program carried out under subpart E of part 54 of title 47, Code of Federal Regulations, or any successor regulations;
(IV) are low-income individuals, as that term is defined in section 1058(g) of title 20; or
(V) have been approved to receive unemployment insurance benefits under any Federal or State law since March 1, 2020;
(iv) provide that a recipient of a grant under the Pilot Program—
(I) shall use eligible equipment for a purpose that the recipient considers to be appropriate, subject to any restriction provided in those rules (or any successor rules);
(II) if the recipient lends, or otherwise provides, eligible equipment to students or patrons, shall prioritize lending or providing to such individuals that the recipient believes do not have access to that equipment, subject to any restriction provided in those rules (or any successor rules); and
(III) may not sell or otherwise transfer eligible equipment in exchange for any thing (including a service) of value;
(v) include audit requirements that—
(I) ensure that a recipient of a grant made under the Pilot Program uses grant funds in compliance with the requirements of this section and the overall purpose of the Pilot Program; and
(II) prevent waste, fraud, and abuse in the operation of the Pilot Program;
(vi) provide that not less than 40 percent of the amount of the grants made under the Pilot Program are made to Historically Black colleges or universities; and
(vii) provide that not less than 20 percent of the amount of the grants made under the Pilot Program are made to eligible recipients described in subparagraphs (A), (B), and (C) of subsection (a)(8) to provide broadband internet access service or eligible equipment to students of those eligible recipients.
(2) Fund (A) Establishment There is established in the Treasury of the United States a fund to be known as the Connecting Minority Communities Fund.
(B) Use of Fund Amounts in the Connecting Minority Communities Fund established under subparagraph (A) shall be available to the Assistant Secretary to provide support under the rules promulgated under paragraph (1).
(3) Interagency coordination When making grants under the Pilot Program, the Assistant Secretary shall coordinate with other Federal agencies, including the Commission, the National Science Foundation, and the Department of Education, to ensure the efficient expenditure of Federal funds, including by preventing multiple expenditures of Federal funds for the same purpose.
(4) Audits (A) In general For each of fiscal years 2021 and 2022, the Inspector General of the Department of Commerce shall conduct an audit of the Pilot Program according to the requirements established under paragraph (1)(B)(v).
(B) Report After completing each audit conducted under subparagraph (A), the Inspector General of the Department of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that details the findings of the audit.
(5) Direct appropriation There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, to remain available until expended, $285,000,000 to the Connecting Minority Communities Fund established under paragraph (2).
(6) Termination Except with respect to the report required under paragraph (7) and the authority of the Secretary of Commerce and the Inspector General of the Department of Commerce described in paragraph (8), the Pilot Program, including all reporting requirements under this section, shall terminate on the date on which the amounts made available to carry out the Pilot Program are fully expended.
(7) Report Not later than 90 days after the date on which the Pilot Program terminates under paragraph (6), the Assistant Secretary, after consulting with eligible recipients that received grants under the Pilot Program, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that—
(A) describes the manner in which the Pilot Program was carried out;
(B) identifies each eligible recipient that received a grant under the Pilot Program; and
(C) contains information regarding the effectiveness of the Pilot Program, including lessons learned in carrying out the Pilot Program and recommendations for future action.
(8) Savings provision The termination of the Pilot Program under paragraph (6) shall not limit, alter, or affect the ability of the Secretary of Commerce or the Inspector General of the Department of Commerce to—
(A) investigate waste, fraud, and abuse with respect to the Pilot Program; or
(B) recover funds that are misused under the Pilot Program.
(Pub. L. 116260, div. N, title IX, § 902, Dec. 27, 2020, 134 Stat. 2121.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Consolidated Appropriations Act, 2021, and not as part of the Broadband Data Improvement Act which comprises this chapter.
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# 47 U.S.C. § 1307 - Office of Internet Connectivity and Growth
## Text
(a) Short title This section may be cited as the “Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act” or the “ACCESS BROADBAND Act”.
(b) Establishment Not later than 180 days after December 27, 2020, the Assistant Secretary shall establish the Office of Internet Connectivity and Growth within the National Telecommunications and Information Administration.
(c) Duties (1) Outreach The Office shall—
(A) connect with communities that need access to high-speed internet and improved digital inclusion efforts through various forms of outreach and communication techniques;
(B) hold regional workshops across the country to share best practices and effective strategies for promoting broadband access and adoption;
(C) develop targeted broadband training and presentations for various demographic communities through various media;
(D) develop and distribute publications (including toolkits, primers, manuals, and white papers) providing guidance, strategies, and insights to communities as the communities develop strategies to expand broadband access and adoption; and
(E) as applicable in carrying out subparagraphs (A) through (D), coordinate with State agencies that provide similar broadband investments, outreach, and coordination through Federal programs.
(2) Tracking of Federal dollars (A) Broadband infrastructure The Office shall track the construction and use of and access to any broadband infrastructure built using any Federal support in a central database.
(B) Accounting mechanism The Office shall develop a streamlined accounting mechanism by which any agency offering a Federal broadband support program and the Commission for any Universal Service Fund Program shall provide the information described in subparagraph (A) in a standardized and efficient fashion.
(C) Report Not later than 1 year after December 27, 2020, and every year thereafter, the Office shall make public on the website of the Office and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the following:
(i) A description of the work of the Office for the previous year and the number of residents of the United States that received broadband as result of Federal broadband support programs and the Universal Service Fund Programs.
(ii) A description of how many residents of the United States were provided broadband by which universal service mechanism or which Federal broadband support program.
(iii) An estimate of the economic impact of such broadband deployment efforts on local economies, including any effect on small businesses or jobs.
(d) Relation to current broadband activities of NTIA The Assistant Secretary shall assign to the Office all activities performed by the National Telecommunications and Information Administration as of December 27, 2020, that are similar to the activities required to be conducted by the Office under this section.
(e) Streamlined applications for support (1) Agency consultation The Office shall consult with any agency offering a Federal broadband support program to streamline and standardize the applications process for financial assistance or grants for such program.
(2) Agency streamlining Any agency offering a Federal broadband support program shall amend the applications of the agency for broadband support, to the extent practicable and as necessary, to streamline and standardize applications for Federal broadband support programs across the Government.
(3) Single application To the greatest extent practicable, the Office shall seek to create one application that may be submitted to apply for all, or substantially all, Federal broadband support programs.
(4) Website required Not later than 180 days after December 27, 2020, the Office shall create a central website through which potential applicants can learn about and apply for support through any Federal broadband support program.
(f) Coordination of support (1) In general To ensure that Federal support for broadband deployment is being distributed in an efficient, technology-neutral, and financially sustainable manner, and that a program does not duplicate any other Federal broadband support program or any Universal Service Fund high-cost program—
(A) any agency that offers a Federal broadband support program shall coordinate with the Office consistent with the goals described in paragraph (2); and
(B) the Office, with respect to Federal broadband support programs, and the Commission, with respect to the Universal Service Fund high-cost programs, shall coordinate with each other consistent with the goals described in paragraph (2).
(2) Goals The goals of any coordination conducted pursuant to this subsection are the following:
(A) Serving the largest number of unserved locations in the United States and ensuring all residents of the United States have access to high-speed broadband.
(B) Promoting the most job and economic growth for all residents of the United States.
(3) Broadband availability maps The Office and the Commission shall consult the broadband availability maps produced by the Commission when coordinating under paragraph (1).
(g) Definitions In this section:
(1) Agency The term “agency” has the meaning given that term in section 551 of title 5.
(2) Assistant Secretary The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
(3) Commission The term “Commission” means the Federal Communications Commission.
(4) Federal broadband support program The term “Federal broadband support program” does not include any Universal Service Fund Program and means any of the following programs (or any other similar Federal program) to the extent the program offers broadband internet service, support for broadband deployment, or programs for promoting broadband access and adoption for various demographic communities through various media for residential, commercial, community providers, or academic establishments:
(A) The Telecommunications and Technology Program of the Appalachian Regional Commission.
(B) The Telecommunications Infrastructure Loan and Loan Guarantee Program established under the Rural Electrification Act of 1936 [7 U.S.C. 901 et seq.], the rural broadband access program established under title VI of that Act (7 U.S.C. 950bb et seq.), the initiative under section 306F of that Act (7 U.S.C. 936f), the Community Connect Grant Program established under section 604 of that Act (7 U.S.C. 950bb3), the broadband loan and grant pilot program authorized under section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115141; 132 Stat. 399) (commonly known as the “Rural eConnectivity Pilot Program” or the “ReConnect Program”), and the Distance Learning and Telemedicine Program under chapter 1 of subtitle D of title XXIII of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa et seq.).
(C) Community facility direct and guaranteed loans under section 1926(a) of title 7, community facility grants under paragraph (19), (20), or (21) of section 1926(a) of title 7, and the Rural Community Development Initiative authorized under the heading “Rural Housing Service—Rural Community Facilities Program Account” under title III of division B of the Further Consolidated Appropriations Act, 2020 (Public Law 11694; 133 Stat. 2629).
(D) The Public Works and Economic Adjustment Assistance Programs and the Planning and Local Technical Assistance Programs of the Economic Development Administration of the Department of Commerce.
(E) The Community Development Block Grants and Section 108 Loan Guarantees Programs, the Funds for Public Housing Authorities: Capital Fund and Operating Fund, the Multifamily Housing Programs, the Indian Community Development Block Grant Program, the Indian Housing Block Grant Program, the Title VI Loan Guarantee Program, the Choice Neighborhoods Program, the HOME Investment Partnerships Program, the Housing Trust Fund, and the Housing Opportunities for Persons with AIDS Program of the Department of Housing and Urban Development.
(F) The American Job Centers of the Employment and Training Administration of the Department of Labor.
(G) The Library Services and Technology Grant Programs of the Institute of Museum and Library Services.
(5) Office The term “Office” means the Office of Internet Connectivity and Growth established pursuant to subsection (b).
(6) Universal Service Fund high-cost programs The term “Universal Service Fund high-cost programs” means—
(A) the program for Universal Service Support for High-Cost Areas set forth under subpart D of part 54 of title 47, Code of Federal Regulations, or any successor thereto;
(B) the Rural Digital Opportunity Fund set forth under subpart J of part 54 of title 47, Code of Federal Regulations, or any successor thereto;
(C) the Interstate Common Line Support Mechanism for Rate-of-Return Carriers set forth under subpart K of part 54 of title 47, Code of Federal Regulations, or any successor thereto;
(D) the Mobility Fund and 5G Fund set forth under subpart L of part 54 of title 47, Code of Federal Regulations, or any successor thereto; and
(E) the High Cost Loop Support for Rate-of-Return Carriers program set forth under subpart M of part 54 of title 47, Code of Federal Regulations, or any successor thereto.
(7) Universal Service Fund Program The term “Universal Service Fund Program” means any program authorized under section 254 of this title to help deploy broadband.
(8) Universal service mechanism The term “universal service mechanism” means any funding stream provided by a Universal Service Fund Program to support broadband access.
(h) Rule of construction Nothing in this section is intended to alter or amend any provision of section 254 of this title.
(Pub. L. 116260, div. FF, title IX, § 903, Dec. 27, 2020, 134 Stat. 3210.)
## Notes
References in TextThis section, referred to in subsecs. (d), (g), and (h), was in the original “this Act”, which was translated as meaning section 903 of Pub. L. 116260, div. FF, title IX, Dec. 27, 2020, 134 Stat. 3210, to reflect the probable intent of Congress. The Rural Electrification Act of 1936, referred to in subsec. (g)(4)(B), is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to chapter 31 (§ 901 et seq.) of Title 7, Agriculture. Title VI of the Act is classified generally to subchapter VI (§ 950bb et seq.) of chapter 31 of Title 7. For complete classification of this Act to the Code, see section 901 of Title 7 and Tables. The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (g)(4)(B), is Pub. L. 101624, Nov. 28, 1990, 104 Stat. 3359. Chapter 1 of subtitle D of title XXIII of the Act is classified generally to chapter 31A (§ 950aaa et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 1421 of Title 7 and Tables.
Codification Section was enacted as part of the Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act, also known as the ACCESS BROADBAND Act, and not as part of the Broadband Data Improvement Act which comprises this chapter.
@@ -0,0 +1,107 @@
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# 47 U.S.C. § 1308 - Interagency agreement
## Text
(a) Short title This section may be cited as the “Broadband Interagency Coordination Act of 2020”.
(b) Interagency agreement (1) Definitions In this section—
(A) the term “covered agency” means—
(i) the Federal Communications Commission;
(ii) the Department of Agriculture; and
(iii) the National Telecommunications and Information Administration; and
(B) the term “high-cost programs” means—
(i) the program for Universal Service Support for High-Cost Areas set forth under subpart D of part 54 of title 47, Code of Federal Regulations, or any successor thereto;
(ii) the Rural Digital Opportunity Fund set forth under subpart J of part 54 of title 47, Code of Federal Regulations, or any successor thereto;
(iii) the Interstate Common Line Support Mechanism for Rate-of-Return Carriers set forth under subpart K of part 54 of title 47, Code of Federal Regulations, or any successor thereto;
(iv) the Mobility Fund and 5G Fund set forth under subpart L of part 54 of title 47, Code of Federal Regulations, or any successor thereto; and
(v) the High Cost Loop Support for Rate-of-Return Carriers program set forth under subpart M of part 54 of title 47, Code of Federal Regulations, or any successor thereto.
(2) Interagency agreement Not later than 180 days after December 27, 2020, the heads of the covered agencies shall enter into an interagency agreement requiring coordination between the covered agencies for the distribution of funds for broadband deployment under—
(A) the high-cost programs;
(B) the programs administered by the Rural Utilities Service of the Department of Agriculture and the Department of Agriculture; and
(C) the programs administered by or coordinated through the National Telecommunications and Information Administration.
(3) Requirements In entering into an interagency agreement with respect to the programs described in paragraph (2), the heads of the covered agencies shall—
(A) require that the covered agencies share information with each other about existing or planned projects that have received or will receive funds under the programs described in paragraph (2) for new broadband deployment;
(B) provide that—
(i) subject to clause (ii), upon request from another covered agency with authority to award or authorize any funds for new broadband deployment in a project area, a covered agency shall provide the other covered agency with any information the covered agency possesses regarding, with respect to the project area—
(I) each entity that provides broadband service in the area;
(II) levels of broadband service provided in the area, including the speed of broadband service and the technology provided;
(III) the geographic scope of broadband service coverage in the area; and
(IV) each entity that has received or will receive funds under the programs described in paragraph (2) to provide broadband service in the area; and
(ii) if a covered agency designates any information provided to another covered agency under clause (i) as confidential, the other covered agency shall protect the confidentiality of that information;
(C) consider basing the distribution of funds for broadband deployment under the programs described in paragraph (2) on standardized data regarding broadband coverage; and
(D) provide that the interagency agreement shall be updated periodically, except that the scope of the agreement with respect to the Federal Communications Commission may not expand beyond the high-cost programs.
(4) Assessment of agreement (A) Public comment Not later than 1 year after entering into the interagency agreement required under paragraph (2), the Federal Communications Commission shall seek public comment on—
(i) the effectiveness of the interagency agreement in facilitating efficient use of funds for broadband deployment;
(ii) the availability of Tribal, State, and local data regarding broadband deployment and the inclusion of that data in interagency coordination; and
(iii) modifications to the interagency agreement that would improve the efficacy of interagency coordination.
(B) Assessment; report Not later than 18 months after December 27, 2020, the Federal Communications Commission shall—
(i) review and assess the comments received under subparagraph (A); and
(ii) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report detailing any findings and recommendations from the assessment conducted under clause (i).
(Pub. L. 116260, div. FF, title IX, § 904, Dec. 27, 2020, 134 Stat. 3214.)
## Notes
References in TextThis section, referred to in subsec. (b)(1), was in the original “this Act”, which was translated as meaning section 904 of Pub. L. 116260, div. FF, title IX, Dec. 27, 2020, 134 Stat. 3214, to reflect the probable intent of Congress.
Codification Section was enacted as part of the Broadband Interagency Coordination Act of 2020 and as part the Consolidated Appropriations Act, 2021, and not as part of the Broadband Data Improvement Act which comprises this chapter.
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# 47 U.S.C. § 1401 - Definitions
## Text
In this chapter:
(1) 700 MHz band The term “700 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 698 megahertz to 806 megahertz.
(2) 700 MHz D block spectrum The term “700 MHz D block spectrum” means the portion of the electromagnetic spectrum between the frequencies from 758 megahertz to 763 megahertz and between the frequencies from 788 megahertz to 793 megahertz.
(3) Appropriate committees of Congress Except as otherwise specifically provided, the term “appropriate committees of Congress” means—
(A) the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the House of Representatives.
(4) Assistant Secretary The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
(5) Board The term “Board” means the Board of the First Responder Network Authority established under section 1424(b) of this title.
(6) Broadcast television licensee The term “broadcast television licensee” means the licensee of—
(A) a full-power television station; or
(B) a low-power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations.
(7) Broadcast television spectrum The term “broadcast television spectrum” means the portions of the electromagnetic spectrum between the frequencies from 54 megahertz to 72 megahertz, from 76 megahertz to 88 megahertz, from 174 megahertz to 216 megahertz, and from 470 megahertz to 698 megahertz.
(8) Commercial mobile data service The term “commercial mobile data service” means any mobile service (as defined in section 153 of this title) that is—
(A) a data service;
(B) provided for profit; and
(C) available to the public or such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission.
(9) Commercial mobile service The term “commercial mobile service” has the meaning given such term in section 332 of this title.
(10) Commercial standards The term “commercial standards” means the technical standards followed by the commercial mobile service and commercial mobile data service industries for network, device, and Internet Protocol connectivity. Such term includes standards developed by the Third Generation Partnership Project (3GPP), the Institute of Electrical and Electronics Engineers (IEEE), the Alliance for Telecommunications Industry Solutions (ATIS), the Internet Engineering Task Force (IETF), and the International Telecommunication Union (ITU).
(11) Commission The term “Commission” means the Federal Communications Commission.
(12) Core network The term “core network” means the core network described in section 1422(b)(1) of this title.
(13) Emergency call The term “emergency call” means any real-time communication with a public safety answering point or other emergency management or response agency, including—
(A) through voice, text, or video and related data; and
(B) nonhuman-initiated automatic event alerts, such as alarms, telematics, or sensor data, which may also include real-time voice, text, or video communications.
(14) Existing public safety broadband spectrum The term “existing public safety broadband spectrum” means the portion of the electromagnetic spectrum between the frequencies—
(A) from 763 megahertz to 768 megahertz;
(B) from 793 megahertz to 798 megahertz;
(C) from 768 megahertz to 769 megahertz; and
(D) from 798 megahertz to 799 megahertz.
(15) First Responder Network Authority The term “First Responder Network Authority” means the First Responder Network Authority established under section 1424 of this title.
(16) Forward auction The term “forward auction” means the portion of an incentive auction of broadcast television spectrum under section 1452(c) of this title.
(17) Incentive auction The term “incentive auction” means a system of competitive bidding under subparagraph (G) of section 309(j)(8) of this title, as added by section 6402.
(18) Interoperability Board The term “Interoperability Board” means the Technical Advisory Board for First Responder Interoperability established under section 1423 of this title.
(19) Multichannel video programming distributor The term “multichannel video programming distributor” has the meaning given such term in section 522 of this title.
(20) Narrowband spectrum The term “narrowband spectrum” means the portion of the electromagnetic spectrum between the frequencies from 769 megahertz to 775 megahertz and between the frequencies from 799 megahertz to 805 megahertz.
(21) Nationwide public safety broadband network The term “nationwide public safety broadband network” means the nationwide, interoperable public safety broadband network described in section 1422 of this title.
(22) Next Generation 911 services The term “Next Generation 911 services” means an IP-based system comprised of hardware, software, data, and operational policies and procedures that—
(A) provides standardized interfaces from emergency call and message services to support emergency communications;
(B) processes all types of emergency calls, including voice, text, data, and multimedia information;
(C) acquires and integrates additional emergency call data useful to call routing and handling;
(D) delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities;
(E) supports data or video communications needs for coordinated incident response and management; and
(F) provides broadband service to public safety answering points or other first responder entities.
(23) NIST The term “NIST” means the National Institute of Standards and Technology.
(24) NTIA The term “NTIA” means the National Telecommunications and Information Administration.
(25) Public safety answering point The term “public safety answering point” has the meaning given such term in section 222 of this title.
(26) Public safety entity The term “public safety entity” means an entity that provides public safety services.
(27) Public safety services The term “public safety services”—
(A) has the meaning given the term in section 337(f) of this title; and
(B) includes services provided by emergency response providers, as that term is defined in section 101 of title 6.
(28) Public Safety Trust Fund The term “Public Safety Trust Fund” means the trust fund established under section 1457(a)(1) of this title.
(29) Radio access network The term “radio access network” means the radio access network described in section 1422(b)(2) of this title.
(30) Reverse auction The term “reverse auction” means the portion of an incentive auction of broadcast television spectrum under section 1452(a) of this title, in which a broadcast television licensee may submit bids stating the amount it would accept for voluntarily relinquishing some or all of its broadcast television spectrum usage rights.
(31) State The term “State” has the meaning given such term in section 153 of this title.
(32) Ultra high frequency The term “ultra high frequency” means, with respect to a television channel, that the channel is located in the portion of the electromagnetic spectrum between the frequencies from 470 megahertz to 698 megahertz.
(33) Very high frequency The term “very high frequency” means, with respect to a television channel, that the channel is located in the portion of the electromagnetic spectrum between the frequencies from 54 megahertz to 72 megahertz, from 76 megahertz to 88 megahertz, or from 174 megahertz to 216 megahertz.
(Pub. L. 11296, title VI, § 6001, Feb. 22, 2012, 126 Stat. 201.)
## Notes
Editorial Notes
References in TextSection 6402, referred to in par. (17), is section 6402 of Pub. L. 11296, which amended section 309 of this title.
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 11296, title VI, § 6501, Feb. 22, 2012, 126 Stat. 237, provided that: “This subtitle [subtitle E (§§ 65016509) of title VI of Pub. L. 11296, enacting sections 1471 to 1473 of this title and amending section 942 of this title] may be cited as the Next Generation 911 Advancement Act of 2012.”
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# 47 U.S.C. § 1402 - Rule of construction
## Text
Each range of frequencies described in this chapter shall be construed to be inclusive of the upper and lower frequencies in the range.
(Pub. L. 11296, title VI, § 6002, Feb. 22, 2012, 126 Stat. 204.)
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# 47 U.S.C. § 1403 - Enforcement
## Text
(a) In general The Commission shall implement and enforce this chapter as if this chapter is a part of the Communications Act of 1934 (47 U.S.C. 151 et seq.). A violation of this chapter, or a regulation promulgated under this chapter, shall be considered to be a violation of the Communications Act of 1934, or a regulation promulgated under such Act, respectively.
(b) Exceptions (1) Other agencies Subsection (a) does not apply in the case of a provision of this chapter that is expressly required to be carried out by an agency (as defined in section 551 of title 5) other than the Commission.
(2) NTIA regulations The Assistant Secretary may promulgate such regulations as are necessary to implement and enforce any provision of this chapter that is expressly required to be carried out by the Assistant Secretary.
(Pub. L. 11296, title VI, § 6003, Feb. 22, 2012, 126 Stat. 204.)
## Notes
Editorial Notes
References in TextThe Communications Act of 1934, referred to in subsec. (a), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.
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# 47 U.S.C. § 1404 - National security restrictions on use of funds and auction participation
## Text
(a) Use of funds No funds made available by subchapter II or III may be used to make payments under a contract to a person described in subsection (c).
(b) Auction participation A person described in subsection (c) may not participate in a system of competitive bidding under section 309(j) of this title—
(1) that is required to be conducted by this chapter; or
(2) in which any spectrum usage rights for which licenses are being assigned were made available under clause (i) of subparagraph (G) of paragraph (8) of such section, as added by section 6402.
(c) Person described A person described in this subsection is a person who has been, for reasons of national security, barred by any agency of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant.
(Pub. L. 11296, title VI, § 6004, Feb. 22, 2012, 126 Stat. 205.)
## Notes
Editorial Notes
References in TextSection 6402, referred to in subsec. (b)(2), is section 6402 of Pub. L. 11296, which amended section 309 of this title.
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# 47 U.S.C. § 1411 - Reallocation of D block to public safety
## Text
(a) In general The Commission shall reallocate the 700 MHz D block spectrum for use by public safety entities in accordance with the provisions of this chapter.
(b) Omitted
(Pub. L. 11296, title VI, § 6101, Feb. 22, 2012, 126 Stat. 205.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, and was translated as reading “this title”, meaning title VI of Pub. L. 11296, Feb. 22, 2012, 126 Stat. 201, to reflect the probable intent of Congress. Title VI enacted this chapter and section 929 of this title, amended sections 309, 337, 614, 902, 923, 928, and 942 of this title, and enacted provisions set out as a note under section 1401 of this title.
Codification Section is comprised of section 6101 of Pub. L. 11296. Subsec. (b) of section 6101 of Pub. L. 11296 amended section 337 of this title.
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# 47 U.S.C. § 1412 - Flexible use of narrowband spectrum
## Text
The Commission may allow the narrowband spectrum to be used in a flexible manner, including usage for public safety broadband communications, subject to such technical and interference protection measures as the Commission may require.
(Pub. L. 11296, title VI, § 6102, Feb. 22, 2012, 126 Stat. 205.)
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# 47 U.S.C. § 1413 - Repealed. Pub. L. 116260, div. FF, title IX, § 902(b)(1), Dec. 27, 2020, 134 Stat. 3206
## Notes
Section, Pub. L. 11296, title VI, § 6103, Feb. 22, 2012, 126 Stat. 205, related to 470512 MHz public safety spectrum.
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# 47 U.S.C. § 1421 - Single public safety wireless network licensee
## Text
(a) Reallocation and grant of license Notwithstanding any other provision of law, and subject to the provisions of this chapter, the Commission shall reallocate and grant a license to the First Responder Network Authority for the use of the 700 MHz D block spectrum and existing public safety broadband spectrum.
(b) Term of license (1) Initial license The license granted under subsection (a) shall be for an initial term of 10 years from the date of the initial issuance of the license.
(2) Renewal of license Prior to expiration of the term of the initial license granted under subsection (a) or the expiration of any subsequent renewal of such license, the First Responder Network Authority shall submit to the Commission an application for the renewal of such license. Such renewal application shall demonstrate that, during the preceding license term, the First Responder Network Authority has met the duties and obligations set forth under this chapter. A renewal license granted under this paragraph shall be for a term of not to exceed 10 years.
(c) Facilitation of transition The Commission shall take all actions necessary to facilitate the transition of the existing public safety broadband spectrum to the First Responder Network Authority.
(Pub. L. 11296, title VI, § 6201, Feb. 22, 2012, 126 Stat. 206.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (b)(2), was in the original “this Act”, and was translated as reading “this title”, meaning title VI of Pub. L. 11296, Feb. 22, 2012, 126 Stat. 201, to reflect the probable intent of Congress. Title VI enacted this chapter and section 929 of this title, amended sections 309, 337, 614, 902, 923, 928, and 942 of this title, and enacted provisions set out as a note under section 1401 of this title.
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# 47 U.S.C. § 1422 - Public safety broadband network
## Text
(a) Establishment The First Responder Network Authority shall ensure the establishment of a nationwide, interoperable public safety broadband network.
(b) Network components The nationwide public safety broadband network shall be based on a single, national network architecture that evolves with technological advancements and initially consists of—
(1) a core network that—
(A) consists of national and regional data centers, and other elements and functions that may be distributed geographically, all of which shall be based on commercial standards; and
(B) provides the connectivity between—
(i) the radio access network; and
(ii) the public Internet or the public switched network, or both; and
(2) a radio access network that—
(A) consists of all cell site equipment, antennas, and backhaul equipment, based on commercial standards, that are required to enable wireless communications with devices using the public safety broadband spectrum; and
(B) shall be developed, constructed, managed, maintained, and operated taking into account the plans developed in the State, local, and tribal planning and implementation grant program under section 1442(a) of this title.
(Pub. L. 11296, title VI, § 6202, Feb. 22, 2012, 126 Stat. 206.)
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# 47 U.S.C. § 1423 - Public safety Interoperability Board
## Text
(a) Establishment There is established within the Commission an advisory board to be known as the “Technical Advisory Board for First Responder Interoperability”.
(b) Membership (1) In general (A) Voting members Not later than 30 days after February 22, 2012, the Chairman of the Commission shall appoint 14 voting members to the Interoperability Board, of which—
(i) 4 members shall be representatives of wireless providers, of which—
(I) 2 members shall be representatives of national wireless providers;
(II) 1 member shall be a representative of regional wireless providers; and
(III) 1 member shall be a representative of rural wireless providers;
(ii) 3 members shall be representatives of equipment manufacturers;
(iii) 4 members shall be representatives of public safety entities, of which—
(I) not less than 1 member shall be a representative of management level employees of public safety entities; and
(II) not less than 1 member shall be a representative of employees of public safety entities;
(iv) 3 members shall be representatives of State and local governments, chosen to reflect geographic and population density differences across the United States; and
(v) all members shall have specific expertise necessary to developing technical requirements under this section, such as technical expertise, public safety communications expertise, and commercial network experience.
(B) Non-voting member The Assistant Secretary shall appoint 1 non-voting member to the Interoperability Board.
(2) Period of appointment (A) In general Except as provided in subparagraph (B), members of the Interoperability Board shall be appointed for the life of the Interoperability Board.
(B) Removal for cause A member of the Interoperability Board may be removed for cause upon the determination of the Chairman of the Commission.
(3) Vacancies Any vacancy in the Interoperability Board shall not affect the powers of the Interoperability Board, and shall be filled in the same manner as the original appointment.
(4) Chairperson and Vice Chairperson The Interoperability Board shall select a Chairperson and Vice Chairperson from among the members of the Interoperability Board.
(5) Quorum A majority of the members of the Interoperability Board shall constitute a quorum.
(c) Duties of the Interoperability Board (1) Development of technical requirements Not later than 90 days after February 22, 2012, the Interoperability Board, in consultation with the NTIA, NIST, and the Office of Emergency Communications of the Department of Homeland Security, shall—
(A) develop recommended minimum technical requirements to ensure a nationwide level of interoperability for the nationwide public safety broadband network; and
(B) submit to the Commission for review in accordance with paragraph (3) recommended minimum technical requirements described in subparagraph (A).
(2) Consideration In developing recommended minimum technical requirements under paragraph (1), the Interoperability Board shall base the recommended minimum technical requirements on the commercial standards for Long Term Evolution (LTE) service.
(3) Approval of recommendations (A) In general Not later than 30 days after the date on which the Interoperability Board submits recommended minimum technical requirements under paragraph (1)(B), the Commission shall approve the recommendations, with any revisions it deems necessary, and transmit such recommendations to the First Responder Network Authority.
(B) Review Any actions taken under subparagraph (A) shall not be reviewable as a final agency action.
(d) Travel expenses The members of the Interoperability Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Interoperability Board.
(e) Exemption from chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the Interoperability Board.
(f) Termination of authority The Interoperability Board shall terminate 15 days after the date on which the Commission transmits the recommendations to the First Responder Network Authority under subsection (c)(3)(A).
(Pub. L. 11296, title VI, § 6203, Feb. 22, 2012, 126 Stat. 207; Pub. L. 117286, § 4(a)(301), Dec. 27, 2022, 136 Stat. 4339.)
## Notes
Editorial Notes
Amendments2022—Subsec. (e). Pub. L. 117286 substituted “chapter 10 of title 5” for “FACA” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.
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# 47 U.S.C. § 1424 - Establishment of the First Responder Network Authority
## Text
(a) Establishment There is established as an independent authority within the NTIA the “First Responder Network Authority” or “FirstNet”.
(b) Board (1) In general The First Responder Network Authority shall be headed by a Board, which shall consist of—
(A) the Secretary of Homeland Security;
(B) the Attorney General of the United States;
(C) the Director of the Office of Management and Budget; and
(D) 12 individuals appointed by the Secretary of Commerce in accordance with paragraph (2).
(2) Appointments (A) In general In making appointments under paragraph (1)(D), the Secretary of Commerce shall—
(i) appoint not fewer than 3 individuals to represent the collective interests of the States, localities, tribes, and territories;
(ii) seek to ensure geographic and regional representation of the United States in such appointments;
(iii) seek to ensure rural and urban representation in such appointments; and
(iv) appoint not fewer than 3 individuals who have served as public safety professionals.
(B) Required qualifications (i) In general Each member appointed under paragraph (1)(D) should meet not less than 1 of the following criteria:
(I) Public safety experience Knowledge and experience in the use of Federal, State, local, or tribal public safety or emergency response.
(II) Technical expertise Technical expertise and fluency regarding broadband communications, including public safety communications.
(III) Network expertise Expertise in building, deploying, and operating commercial telecommunications networks.
(IV) Financial expertise Expertise in financing and funding telecommunications networks.
(ii) Expertise to be represented In making appointments under paragraph (1)(D), the Secretary of Commerce shall appoint—
(I) not fewer than 1 individual who satisfies the requirement under subclause (II) of clause (i);
(II) not fewer than 1 individual who satisfies the requirement under subclause (III) of clause (i); and
(III) not fewer than 1 individual who satisfies the requirement under subclause (IV) of clause (i).
(C) Citizenship No individual other than a citizen of the United States may serve as a member of the Board.
(c) Terms of appointment (1) Initial appointment deadline Members of the Board shall be appointed not later than 180 days after February 22, 2012.
(2) Terms (A) Length (i) In general Each member of the Board described in subparagraphs (A) through (C) of subsection (b)(1) shall serve as a member of the Board for the life of the First Responder Network Authority.
(ii) Appointed individuals The term of office of each individual appointed to be a member of the Board under subsection (b)(1)(D) shall be 3 years. No member described in this clause may serve more than 2 consecutive full 3-year terms.
(B) Expiration of term Any member whose term has expired may serve until such members successor has taken office, or until the end of the calendar year in which such members term has expired, whichever is earlier.
(C) Appointment to fill vacancy Any member appointed to fill a vacancy occurring prior to the expiration of the term for which that members predecessor was appointed shall be appointed for the remainder of the predecessors term.
(D) Staggered terms With respect to the initial members of the Board appointed under subsection (b)(1)(D)—
(i) 4 members shall serve for a term of 3 years;
(ii) 4 members shall serve for a term of 2 years; and
(iii) 4 members shall serve for a term of 1 year.
(3) Vacancies A vacancy in the membership of the Board shall not affect the Boards powers, and shall be filled in the same manner as the original member was appointed.
(d) Chair (1) Selection The Secretary of Commerce shall select, from among the members of the Board appointed under subsection (b)(1)(D), an individual to serve for a 2-year term as Chair of the Board.
(2) Consecutive terms An individual may not serve for more than 2 consecutive terms as Chair of the Board.
(e) Meetings (1) Frequency The Board shall meet—
(A) at the call of the Chair; and
(B) not less frequently than once each quarter.
(2) Transparency Meetings of the Board, including any committee of the Board, shall be open to the public. The Board may, by majority vote, close any such meeting only for the time necessary to preserve the confidentiality of commercial or financial information that is privileged or confidential, to discuss personnel matters, or to discuss legal matters affecting the First Responder Network Authority, including pending or potential litigation.
(f) Quorum Eight members of the Board shall constitute a quorum, including at least 6 of the members appointed under subsection (b)(1)(D).
(g) Compensation (1) In general The members of the Board appointed under subsection (b)(1)(D) shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such members are engaged in performing a function of the Board.
(2) Prohibition on compensation A member of the Board appointed under subparagraphs (A) through (C) of subsection (b)(1) shall serve without additional pay, and shall not otherwise benefit, directly or indirectly, as a result of their service to the First Responder Network Authority, but shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of the duties of the First Responder Network Authority.
(Pub. L. 11296, title VI, § 6204, Feb. 22, 2012, 126 Stat. 208.)
## Notes
Editorial Notes
References in TextLevel IV of the Executive Schedule, referred to in subsec. (g)(1), is set out under section 5315 of Title 5, Government Organization and Employees.
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# 47 U.S.C. § 1425 - Advisory committees of the First Responder Network Authority
## Text
(a) Advisory committees The First Responder Network Authority—
(1) shall establish a standing public safety advisory committee to assist the First Responder Network Authority in carrying out its duties and responsibilities under this subchapter; and
(2) may establish additional standing or ad hoc committees, panels, or councils as the First Responder Network Authority determines are necessary.
(b) Selection of agents, consultants, and experts (1) In general The First Responder Network Authority shall select parties to serve as its agents, consultants, or experts in a fair, transparent, and objective manner, and such agents may include a program manager to carry out certain of the duties and responsibilities of deploying and operating the nationwide public safety broadband network described in subsections (b) and (c) of section 1426 of this title.
(2) Binding and final If the selection of an agent, consultant, or expert satisfies the requirements under paragraph (1), the selection of that agent, consultant, or expert shall be final and binding.
(Pub. L. 11296, title VI, § 6205, Feb. 22, 2012, 126 Stat. 211.)
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# 47 U.S.C. § 1426 - Powers, duties, and responsibilities of the First Responder Network Authority
## Text
(a) General powers The First Responder Network Authority shall have the authority to do the following:
(1) To exercise, through the actions of its Board, all powers specifically granted by the provisions of this subchapter, and such incidental powers as shall be necessary.
(2) To hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the First Responder Network Authority considers necessary to carry out its responsibilities and duties.
(3) To obtain grants and funds from and make contracts with individuals, private companies, organizations, institutions, and Federal, State, regional, and local agencies.
(4) To accept, hold, administer, and utilize gifts, donations, and bequests of property, both real and personal, for the purposes of aiding or facilitating the work of the First Responder Network Authority.
(5) To spend funds under paragraph (3) in a manner authorized by the Board, but only for purposes that will advance or enhance public safety communications consistent with this chapter.
(6) To take such other actions as the First Responder Network Authority (through the Board) may from time to time determine necessary, appropriate, or advisable to accomplish the purposes of this chapter.
(b) Duty and responsibility to deploy and operate a nationwide public safety broadband network (1) In general The First Responder Network Authority shall hold the single public safety wireless license granted under section 1421 of this title and take all actions necessary to ensure the building, deployment, and operation of the nationwide public safety broadband network, in consultation with Federal, State, tribal, and local public safety entities, the Director of NIST, the Commission, and the public safety advisory committee established in section 1425(a) of this title, including by, at a minimum—
(A) ensuring nationwide standards for use and access of the network;
(B) issuing open, transparent, and competitive requests for proposals to private sector entities for the purposes of building, operating, and maintaining the network that use, without materially changing, the minimum technical requirements developed under section 1423 of this title;
(C) encouraging that such requests leverage, to the maximum extent economically desirable, existing commercial wireless infrastructure to speed deployment of the network; and
(D) managing and overseeing the implementation and execution of contracts or agreements with non-Federal entities to build, operate, and maintain the network.
(2) Requirements In carrying out the duties and responsibilities of this subsection, including issuing requests for proposals, the First Responder Network Authority shall—
(A) ensure the safety, security, and resiliency of the network, including requirements for protecting and monitoring the network to protect against cyberattack;
(B) promote competition in the equipment market, including devices for public safety communications, by requiring that equipment for use on the network be—
(i) built to open, non-proprietary, commercially available standards;
(ii) capable of being used by any public safety entity and by multiple vendors across all public safety broadband networks operating in the 700 MHz band; and
(iii) backward-compatible with existing commercial networks to the extent that such capabilities are necessary and technically and economically reasonable;
(C) promote integration of the network with public safety answering points or their equivalent; and
(D) address special considerations for areas or regions with unique homeland security or national security needs.
(3) Rural coverage In carrying out the duties and responsibilities of this subsection, including issuing requests for proposals, the nationwide, interoperable public safety broadband network, consistent with the license granted under section 1421 of this title, shall require deployment phases with substantial rural coverage milestones as part of each phase of the construction and deployment of the network. To the maximum extent economically desirable, such proposals shall include partnerships with existing commercial mobile providers to utilize cost-effective opportunities to speed deployment in rural areas.
(4) Execution of authority In carrying out the duties and responsibilities of this subsection, the First Responder Network Authority may—
(A) obtain grants from and make contracts with individuals, private companies, and Federal, State, regional, and local agencies;
(B) hire or accept voluntary services of consultants, experts, advisory boards, and panels to aid the First Responder Network Authority in carrying out such duties and responsibilities;
(C) receive payment for use of—
(i) network capacity licensed to the First Responder Network Authority; and
(ii) network infrastructure constructed, owned, or operated by the First Responder Network Authority; and
(D) take such other actions as may be necessary to accomplish the purposes set forth in this subsection.
(c) Other specific duties and responsibilities (1) Establishment of network policies In carrying out the requirements under subsection (b), the First Responder Network Authority shall develop—
(A) requests for proposals with appropriate—
(i) timetables for construction, including by taking into consideration the time needed to build out to rural areas and the advantages offered through partnerships with existing commercial providers under paragraph (3);
(ii) coverage areas, including coverage in rural and nonurban areas;
(iii) service levels;
(iv) performance criteria; and
(v) other similar matters for the construction and deployment of such network;
(B) the technical and operational requirements of the network;
(C) practices, procedures, and standards for the management and operation of such network;
(D) terms of service for the use of such network, including billing practices; and
(E) ongoing compliance review and monitoring of the—
(i) management and operation of such network;
(ii) practices and procedures of the entities operating on and the personnel using such network; and
(iii) necessary training needs of network operators and users.
(2) State and local planning (A) Required consultation In developing requests for proposals and otherwise carrying out its responsibilities under this chapter, the First Responder Network Authority shall consult with regional, State, tribal, and local jurisdictions regarding the distribution and expenditure of any amounts required to carry out the policies established under paragraph (1), including with regard to the—
(i) construction of a core network and any radio access network build out;
(ii) placement of towers;
(iii) coverage areas of the network, whether at the regional, State, tribal, or local level;
(iv) adequacy of hardening, security, reliability, and resiliency requirements;
(v) assignment of priority to local users;
(vi) assignment of priority and selection of entities seeking access to or use of the nationwide public safety interoperable broadband network established under subsection (b); and
(vii) training needs of local users.
(B) Method of consultation The consultation required under subparagraph (A) shall occur between the First Responder Network Authority and the single officer or governmental body designated under section 1442(d) of this title.
(3) Leveraging existing infrastructure In carrying out the requirement under subsection (b), the First Responder Network Authority shall enter into agreements to utilize, to the maximum extent economically desirable, existing—
(A) commercial or other communications infrastructure; and
(B) Federal, State, tribal, or local infrastructure.
(4) Maintenance and upgrades The First Responder Network Authority shall ensure the maintenance, operation, and improvement of the nationwide public safety broadband network, including by ensuring that the First Responder Network Authority updates and revises any policies established under paragraph (1) to take into account new and evolving technologies.
(5) Roaming agreements The First Responder Network Authority shall negotiate and enter into, as it determines appropriate, roaming agreements with commercial network providers to allow the nationwide public safety broadband network to roam onto commercial networks and gain prioritization of public safety communications over such networks in times of an emergency.
(6) Network infrastructure and device criteria The Director of NIST, in consultation with the First Responder Network Authority and the Commission, shall ensure the development of a list of certified devices and components meeting appropriate protocols and standards for public safety entities and commercial vendors to adhere to, if such entities or vendors seek to have access to, use of, or compatibility with the nationwide public safety broadband network.
(7) Representation before standard setting entities The First Responder Network Authority, in consultation with the Director of NIST, the Commission, and the public safety advisory committee established under section 1425(a) of this title, shall represent the interests of public safety users of the nationwide public safety broadband network before any proceeding, negotiation, or other matter in which a standards organization, standards body, standards development organization, or any other recognized standards-setting entity addresses the development of standards relating to interoperability.
(8) Prohibition on negotiation with foreign governments The First Responder Network Authority shall not have the authority to negotiate or enter into any agreements with a foreign government on behalf of the United States.
(d) Exemption from certain laws Any action taken or decisions made by the First Responder Network Authority shall be exempt from the requirements of—
(1) section 3506 of title 44 (commonly referred to as the Paperwork Reduction Act);
(2) chapter 5 of title 5 (commonly referred to as the Administrative Procedures Act); and
(3) chapter 6 of title 5 (commonly referred to as the Regulatory Flexibility Act).
(e) Network Construction Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the “Network Construction Fund”.
(2) Use of Fund Amounts deposited into the Network Construction Fund shall be used by the—
(A) First Responder Network Authority to carry out this section, except for administrative expenses; and
(B) NTIA to make grants to States under section 1442(e)(3)(C)(iii)(I) of this title.
(f) Termination of Authority The authority of the First Responder Network Authority shall terminate on the date that is 15 years after February 22, 2012.
(g) GAO report Not later than 10 years after February 22, 2012, the Comptroller General of the United States shall submit to Congress a report on what action Congress should take regarding the 15-year sunset of authority under subsection (f).
(Pub. L. 11296, title VI, § 6206, Feb. 22, 2012, 126 Stat. 211.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (c)(2)(A), was in the original “this Act”, and was translated as reading “this title”, meaning title VI of Pub. L. 11296, Feb. 22, 2012, 126 Stat. 201, to reflect the probable intent of Congress. Title VI enacted this chapter and section 929 of this title, amended sections 309, 337, 614, 902, 923, 928, and 942 of this title, and enacted provisions set out as a note under section 1401 of this title.
@@ -0,0 +1,45 @@
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# 47 U.S.C. § 1427 - Initial funding for the First Responder Network Authority
## Text
(a) Borrowing authority Prior to the deposit of proceeds into the Public Safety Trust Fund from the incentive auctions to be carried out under section 309(j)(8)(G) of this title or the auction of spectrum pursuant to section 1451 of this title, the NTIA may borrow from the Treasury such sums as may be necessary, but not to exceed $2,000,000,000, to implement this subchapter. The NTIA shall reimburse the Treasury, without interest, from funds deposited into the Public Safety Trust Fund.
(b) Prohibition (1) In general Administrative expenses of the First Responder Network Authority may not exceed $100,000,000 during the 10-year period beginning on February 22, 2012.
(2) Definition For purposes of this subsection, the term “administrative expenses” does not include the costs incurred by the First Responder Network Authority for oversight and audits to protect against waste, fraud, and abuse.
(Pub. L. 11296, title VI, § 6207, Feb. 22, 2012, 126 Stat. 215.)
## Notes
Editorial Notes
References in TextSection 1451, referred to in subsec. (a), was in the original “section 6401” and means section 6401 of Pub. L. 11296, which enacted section 1451 of this title and amended section 309 of this title.
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# 47 U.S.C. § 1428 - Permanent self-funding; duty to assess and collect fees for network use
## Text
(a) In general Notwithstanding section 337 of this title, the First Responder Network Authority is authorized to assess and collect the following fees:
(1) Network user fee A user or subscription fee from each entity, including any public safety entity or secondary user, that seeks access to or use of the nationwide public safety broadband network.
(2) Lease fees related to network capacity (A) In general A fee from any entity that seeks to enter into a covered leasing agreement.
(B) Covered leasing agreement For purposes of subparagraph (A), a “covered leasing agreement” means a written agreement resulting from a public-private arrangement to construct, manage, and operate the nationwide public safety broadband network between the First Responder Network Authority and secondary user to permit—
(i) access to network capacity on a secondary basis for non-public safety services; and
(ii) the spectrum allocated to such entity to be used for commercial transmissions along the dark fiber of the long-haul network of such entity.
(3) Lease fees related to network equipment and infrastructure A fee from any entity that seeks access to or use of any equipment or infrastructure, including antennas or towers, constructed or otherwise owned by the First Responder Network Authority resulting from a public-private arrangement to construct, manage, and operate the nationwide public safety broadband network.
(b) Establishment of fee amounts; permanent self-funding The total amount of the fees assessed for each fiscal year pursuant to this section shall be sufficient, and shall not exceed the amount necessary, to recoup the total expenses of the First Responder Network Authority in carrying out its duties and responsibilities described under this subchapter for the fiscal year involved.
(c) Annual approval The NTIA shall review the fees assessed under this section on an annual basis, and such fees may only be assessed if approved by the NTIA.
(d) Required reinvestment of funds The First Responder Network Authority shall reinvest amounts received from the assessment of fees under this section in the nationwide public safety interoperable broadband network by using such funds only for constructing, maintaining, operating, or improving the network.
(Pub. L. 11296, title VI, § 6208, Feb. 22, 2012, 126 Stat. 215.)
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# 47 U.S.C. § 1429 - Audit and report
## Text
(a) Audit (1) In general The Secretary of Commerce shall enter into a contract with an independent auditor to conduct an audit, on an annual basis, of the First Responder Network Authority in accordance with general accounting principles and procedures applicable to commercial corporate transactions. Each audit conducted under this paragraph shall be made available to the appropriate committees of Congress.
(2) Location Any audit conducted under paragraph (1) shall be conducted at the place or places where accounts of the First Responder Network Authority are normally kept.
(3) Access to First Responder Network Authority books and documents (A) In general For purposes of an audit conducted under paragraph (1), the representatives of the independent auditor shall—
(i) have access to all books, accounts, records, reports, files, and all other papers, things, or property belonging to or in use by the First Responder Network Authority that pertain to the financial transactions of the First Responder Network Authority and are necessary to facilitate the audit; and
(ii) be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.
(B) Requirement All books, accounts, records, reports, files, papers, and property of the First Responder Network Authority shall remain in the possession and custody of the First Responder Network Authority.
(b) Report (1) In general The independent auditor selected to conduct an audit under this section shall submit a report of each audit conducted under subsection (a) to—
(A) the appropriate committees of Congress;
(B) the President; and
(C) the First Responder Network Authority.
(2) Contents Each report submitted under paragraph (1) shall contain—
(A) such comments and information as the independent auditor determines necessary to inform Congress of the financial operations and condition of the First Responder Network Authority;
(B) any recommendations of the independent auditor relating to the financial operations and condition of the First Responder Network Authority; and
(C) a description of any program, expenditure, or other financial transaction or undertaking of the First Responder Network Authority that was observed during the course of the audit, which, in the opinion of the independent auditor, has been carried on or made without the authority of law.
(Pub. L. 11296, title VI, § 6209, Feb. 22, 2012, 126 Stat. 216.)
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# 47 U.S.C. § 1430 - Annual report to Congress
## Text
(a) In general Not later than 1 year after February 22, 2012, and each year thereafter, the First Responder Network Authority shall submit an annual report covering the preceding fiscal year to the appropriate committees of Congress.
(b) Required content The report required under subsection (a) shall include—
(1) a comprehensive and detailed report of the operations, activities, financial condition, and accomplishments of the First Responder Network Authority under this section; and
(2) such recommendations or proposals for legislative or administrative action as the First Responder Network Authority deems appropriate.
(c) Availability to testify The members of the Board and employees of the First Responder Network Authority shall be available to testify before the appropriate committees of the Congress with respect to—
(1) the report required under subsection (a);
(2) the report of any audit conducted under section 1429 11 See References in Text note below. of this title; or
(3) any other matter which such committees may determine appropriate.
(Pub. L. 11296, title VI, § 6210, Feb. 22, 2012, 126 Stat. 217.)
## Notes
Editorial Notes
References in TextSection 1429 of this title, referred to in subsec. (c)(2), was in the original a reference to section 6210 of Pub. L. 11296, this section, and was translated as if it had been a reference to section 6209 of Pub. L. 11296, which is classified to section 1429 of this title, to reflect the probable intent of Congress. Section 6210 does not relate to audits.
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# 47 U.S.C. § 1431 - Public safety roaming and priority access
## Text
The Commission may adopt rules, if necessary in the public interest, to improve the ability of public safety networks to roam onto commercial networks and to gain priority access to commercial networks in an emergency if—
(1) the public safety entity equipment is technically compatible with the commercial network;
(2) the commercial network is reasonably compensated; and
(3) such access does not preempt or otherwise terminate or degrade all existing voice conversations or data sessions.
(Pub. L. 11296, title VI, § 6211, Feb. 22, 2012, 126 Stat. 218.)
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# 47 U.S.C. § 1432 - Prohibition on direct offering of commercial telecommunications service directly to consumers
## Text
(a) In general The First Responder Network Authority shall not offer, provide, or market commercial telecommunications or information services directly to consumers.
(b) Rule of construction Nothing in this section shall be construed to prohibit the First Responder Network Authority and a secondary user from entering into a covered leasing agreement pursuant to section 1428(a)(2)(B) of this title. Nothing in this section shall be construed to limit the First Responder Network Authority from collecting lease fees related to network equipment and infrastructure pursuant to section 1428(a)(3) of this title.
(Pub. L. 11296, title VI, § 6212, Feb. 22, 2012, 126 Stat. 218.)
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# 47 U.S.C. § 1433 - Provision of technical assistance
## Text
The Commission may provide technical assistance to the First Responder Network Authority and may take any action necessary to assist the First Responder Network Authority in effectuating its duties and responsibilities under this subchapter.
(Pub. L. 11296, title VI, § 6213, Feb. 22, 2012, 126 Stat. 218.)
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# 47 U.S.C. § 1441 - State and Local Implementation Fund
## Text
(a) Establishment There is established in the Treasury of the United States a fund to be known as the State and Local Implementation Fund.
(b) Amounts available for State and Local Implementation Grant Program Any amounts borrowed under subsection (c)(1) and any amounts in the State and Local Implementation Fund that are not necessary to reimburse the general fund of the Treasury for such borrowed amounts shall be available to the Assistant Secretary to implement section 1442 of this title.
(c) Borrowing authority (1) In general Prior to the end of fiscal year 2022, the Assistant Secretary may borrow from the general fund of the Treasury such sums as may be necessary, but not to exceed $135,000,000, to implement section 1442 of this title.
(2) Reimbursement The Assistant Secretary shall reimburse the general fund of the Treasury, without interest, for any amounts borrowed under paragraph (1) as funds are deposited into the State and Local Implementation Fund.
(d) Transfer of unused funds If there is a balance remaining in the State and Local Implementation Fund on September 30, 2022, the Secretary of the Treasury shall transfer such balance to the general fund of the Treasury, where such balance shall be dedicated for the sole purpose of deficit reduction.
(Pub. L. 11296, title VI, § 6301, Feb. 22, 2012, 126 Stat. 218.)
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# 47 U.S.C. § 1442 - State and local implementation
## Text
(a) Establishment of State and Local Implementation Grant Program The Assistant Secretary, in consultation with the First Responder Network Authority, shall take such action as is necessary to establish a grant program to make grants to States to assist State, regional, tribal, and local jurisdictions to identify, plan, and implement the most efficient and effective way for such jurisdictions to utilize and integrate the infrastructure, equipment, and other architecture associated with the nationwide public safety broadband network to satisfy the wireless communications and data services needs of that jurisdiction, including with regards to coverage, siting, and other needs.
(b) Matching requirements; Federal share (1) In general The Federal share of the cost of any activity carried out using a grant under this section may not exceed 80 percent of the eligible costs of carrying out that activity, as determined by the Assistant Secretary, in consultation with the First Responder Network Authority.
(2) Waiver The Assistant Secretary may waive, in whole or in part, the requirements of paragraph (1) for good cause shown if the Assistant Secretary determines that such a waiver is in the public interest.
(c) Programmatic requirements Not later than 6 months after February 22, 2012, the Assistant Secretary, in consultation with the First Responder Network Authority, shall establish requirements relating to the grant program to be carried out under this section, including the following:
(1) Defining eligible costs for purposes of subsection (b)(1).
(2) Determining the scope of eligible activities for grant funding under this section.
(3) Prioritizing grants for activities that ensure coverage in rural as well as urban areas.
(d) Certification and designation of officer or governmental body In carrying out the grant program established under this section, the Assistant Secretary shall require each State to certify in its application for grant funds that the State has designated a single officer or governmental body to serve as the coordinator of implementation of the grant funds.
(e) State network (1) Notice Upon the completion of the request for proposal process conducted by the First Responder Network Authority for the construction, operation, maintenance, and improvement of the nationwide public safety broadband network, the First Responder Network Authority shall provide to the Governor of each State, or his designee—
(A) notice of the completion of the request for proposal process;
(B) details of the proposed plan for buildout of the nationwide, interoperable broadband network in such State; and
(C) the funding level for the State as determined by the NTIA.
(2) State decision Not later than 90 days after the date on which the Governor of a State receives notice under paragraph (1), the Governor shall choose whether to—
(A) participate in the deployment of the nationwide, interoperable broadband network as proposed by the First Responder Network Authority; or
(B) conduct its own deployment of a radio access network in such State.
(3) Process (A) In general Upon making a decision to opt-out under paragraph (2)(B), the Governor shall notify the First Responder Network Authority, the NTIA, and the Commission of such decision.
(B) State request for proposals Not later than 180 days after the date on which a Governor provides notice under subparagraph (A), the Governor shall develop and complete requests for proposals for the construction, maintenance, and operation of the radio access network within the State.
(C) Submission and approval of alternative plan (i) In general The State shall submit an alternative plan for the construction, maintenance, operation, and improvements of the radio access network within the State to the Commission, and such plan shall demonstrate—
(I) that the State will be in compliance with the minimum technical interoperability requirements developed under section 1423 of this title; and
(II) interoperability with the nationwide public safety broadband network.
(ii) Commission approval or disapproval Upon submission of a State plan under clause (i), the Commission shall either approve or disapprove the plan.
(iii) Approval If the Commission approves a plan under this subparagraph, the State—
(I) may apply to the NTIA for a grant to construct the radio access network within the State that includes the showing described in subparagraph (D); and
(II) shall apply to the NTIA to lease spectrum capacity from the First Responder Network Authority.
(iv) Disapproval If the Commission disapproves a plan under this subparagraph, the construction, maintenance, operation, and improvements of the network within the State shall proceed in accordance with the plan proposed by the First Responder Network Authority.
(D) Funding requirements In order to obtain grant funds and spectrum capacity leasing rights under subparagraph (C)(iii), a State shall demonstrate—
(i) that the State has—
(I) the technical capabilities to operate, and the funding to support, the State radio access network;
(II) has the ability to maintain ongoing interoperability with the nationwide public safety broadband network; and
(III) the ability to complete the project within specified comparable timelines specific to the State;
(ii) the cost-effectiveness of the State plan submitted under subparagraph (C)(i); and
(iii) comparable security, coverage, and quality of service to that of the nationwide public safety broadband network.
(f) User fees If a State chooses to build its own radio access network, the State shall pay any user fees associated with State use of elements of the core network.
(g) Prohibition (1) In general A State that chooses to build its own radio access network shall not provide commercial service to consumers or offer wholesale leasing capacity of the network within the State except directly through public-private partnerships for construction, maintenance, operation, and improvement of the network within the State.
(2) Rule of construction Nothing in this subsection shall be construed to prohibit the State and a secondary user from entering into a covered leasing agreement. Any revenue gained by the State from such a leasing agreement shall be used only for constructing, maintaining, operating, or improving the radio access network of the State.
(h) Judicial review (1) In general The United States District Court for the District of Columbia shall have exclusive jurisdiction to review a decision of the Commission made under subsection (e)(3)(C)(iv).
(2) Standard of review The court shall affirm the decision of the Commission unless—
(A) the decision was procured by corruption, fraud, or undue means;
(B) there was actual partiality or corruption in the Commission; or
(C) the Commission was guilty of misconduct in refusing to hear evidence pertinent and material to the decision or of any other misbehavior by which the rights of any party have been prejudiced.
(Pub. L. 11296, title VI, § 6302, Feb. 22, 2012, 126 Stat. 219.)
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# 47 U.S.C. § 1443 - Public safety wireless communications research and development
## Text
(a) NIST directed research and development program From amounts made available from the Public Safety Trust Fund, the Director of NIST, in consultation with the Commission, the Secretary of Homeland Security, and the National Institute of Justice of the Department of Justice, as appropriate, shall conduct research and assist with the development of standards, technologies, and applications to advance wireless public safety communications.
(b) Required activities In carrying out the requirement under subsection (a), the Director of NIST, in consultation with the First Responder Network Authority and the public safety advisory committee established under section 1425(a) of this title, shall—
(1) document public safety wireless communications technical requirements;
(2) accelerate the development of the capability for communications between currently deployed public safety narrowband systems and the nationwide public safety broadband network;
(3) establish a research plan, and direct research, that addresses the wireless communications needs of public safety entities beyond what can be provided by the current generation of broadband technology;
(4) accelerate the development of mission critical voice, including device-to-device “talkaround” capability over broadband networks, public safety prioritization, authentication capabilities, and standard application programing interfaces for the nationwide public safety broadband network, if necessary and practical;
(5) accelerate the development of communications technology and equipment that can facilitate the eventual migration of public safety narrowband communications to the nationwide public safety broadband network; and
(6) convene working groups of relevant government and commercial parties to achieve the requirements in paragraphs (1) through (5).
(Pub. L. 11296, title VI, § 6303, Feb. 22, 2012, 126 Stat. 221.)
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# 47 U.S.C. § 1451 - Deadlines for auction of certain spectrum
## Text
(a) Clearing certain Federal spectrum (1) In general The President shall—
(A) not later than 3 years after February 22, 2012, begin the process of withdrawing or modifying the assignment to a Federal Government station of the electromagnetic spectrum described in paragraph (2); and
(B) not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete.
(2) Spectrum described The electromagnetic spectrum described in this paragraph is the 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz identified under paragraph (3).
(3) Identification by Secretary of Commerce Not later than 1 year after February 22, 2012, the Secretary of Commerce shall submit to the President a report identifying 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz for reallocation from Federal use to non-Federal use.
(b) Reallocation and auction (1) In general Notwithstanding paragraph (15)(A) of section 309(j) of this title, not later than 3 years after February 22, 2012, the Commission shall, except as provided in paragraph (4)—
(A) allocate the spectrum described in paragraph (2) for commercial use; and
(B) through a system of competitive bidding under such section, grant new initial licenses for the use of such spectrum, subject to flexible-use service rules.
(2) Spectrum described The spectrum described in this paragraph is the following:
(A) The frequencies between 1915 megahertz and 1920 megahertz.
(B) The frequencies between 1995 megahertz and 2000 megahertz.
(C) The frequencies described in subsection (a)(2).
(D) The frequencies between 2155 megahertz and 2180 megahertz.
(E) Fifteen megahertz of contiguous spectrum to be identified by the Commission.
(3) Proceeds to cover 110 percent of Federal relocation or sharing costs Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of this title.
(4) Determination by Commission If the Commission determines that the band of frequencies described in paragraph (2)(A) or the band of frequencies described in paragraph (2)(B) cannot be used without causing harmful interference to commercial mobile service licensees in the frequencies between 1930 megahertz and 1995 megahertz, the Commission may not—
(A) allocate such band for commercial use under paragraph (1)(A); or
(B) grant licenses under paragraph (1)(B) for the use of such band.
(c) Omitted
(Pub. L. 11296, title VI, § 6401, Feb. 22, 2012, 126 Stat. 222.)
## Notes
Editorial Notes
Codification Section is comprised of section 6401 of Pub. L. 11296. Subsec. (c) of section 6401 of Pub. L. 11296 amended section 309 of this title.
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# 47 U.S.C. § 1452 - Special requirements for incentive auction of broadcast TV spectrum
## Text
(a) Reverse auction to identify incentive amount (1) In general The Commission shall conduct a reverse auction to determine the amount of compensation that each broadcast television licensee would accept in return for voluntarily relinquishing some or all of its broadcast television spectrum usage rights in order to make spectrum available for assignment through a system of competitive bidding under subparagraph (G) of section 309(j)(8) of this title.
(2) Eligible relinquishments A relinquishment of usage rights for purposes of paragraph (1) shall include the following:
(A) Relinquishing all usage rights with respect to a particular television channel without receiving in return any usage rights with respect to another television channel.
(B) Relinquishing all usage rights with respect to an ultra high frequency television channel in return for receiving usage rights with respect to a very high frequency television channel.
(C) Relinquishing usage rights in order to share a television channel with another licensee.
(3) Confidentiality The Commission shall take all reasonable steps necessary to protect the confidentiality of Commission-held data of a licensee participating in the reverse auction under paragraph (1), including withholding the identity of such licensee until the reassignments and reallocations (if any) under subsection (b)(1)(B) become effective, as described in subsection (f)(2).
(4) Protection of carriage rights of licensees sharing a channel A broadcast television station that voluntarily relinquishes spectrum usage rights under this subsection in order to share a television channel and that possessed carriage rights under section 338, 534, or 535 of this title on November 30, 2010, shall have, at its shared location, the carriage rights under such section that would apply to such station at such location if it were not sharing a channel.
(b) Reorganization of broadcast TV spectrum (1) In general For purposes of making available spectrum to carry out the forward auction under subsection (c)(1), the Commission—
(A) shall evaluate the broadcast television spectrum (including spectrum made available through the reverse auction under subsection (a)(1)); and
(B) may, subject to international coordination along the border with Mexico and Canada—
(i) make such reassignments of television channels as the Commission considers appropriate; and
(ii) reallocate such portions of such spectrum as the Commission determines are available for reallocation.
(2) Factors for consideration In making any reassignments or reallocations under paragraph (1)(B), the Commission shall make all reasonable efforts to preserve, as of February 22, 2012, the coverage area and population served of each broadcast television licensee, as determined using the methodology described in OET Bulletin 69 of the Office of Engineering and Technology of the Commission.
(3) No involuntary relocation from UHF to VHF In making any reassignments under paragraph (1)(B)(i), the Commission may not involuntarily reassign a broadcast television licensee—
(A) from an ultra high frequency television channel to a very high frequency television channel; or
(B) from a television channel between the frequencies from 174 megahertz to 216 megahertz to a television channel between the frequencies from 54 megahertz to 88 megahertz.
(4) Payment of relocation costs (A) In general Except as provided in subparagraph (B), from amounts made available under subsection (d)(2), the Commission shall reimburse costs reasonably incurred by—
(i) a broadcast television licensee that was reassigned under paragraph (1)(B)(i) from one ultra high frequency television channel to a different ultra high frequency television channel, from one very high frequency television channel to a different very high frequency television channel, or, in accordance with subsection (g)(1)(B), from a very high frequency television channel to an ultra high frequency television channel, in order for the licensee to relocate its television service from one channel to the other;
(ii) a multichannel video programming distributor in order to continue to carry the signal of a broadcast television licensee that—
(I) is described in clause (i);
(II) voluntarily relinquishes spectrum usage rights under subsection (a) with respect to an ultra high frequency television channel in return for receiving usage rights with respect to a very high frequency television channel; or
(III) voluntarily relinquishes spectrum usage rights under subsection (a) to share a television channel with another licensee; or
(iii) a channel 37 incumbent user, in order to relocate to other suitable spectrum, provided that all such users can be relocated and that the total relocation costs of such users do not exceed $300,000,000. For the purpose of this section, the spectrum made available through relocation of channel 37 incumbent users shall be deemed as spectrum reclaimed through a reverse auction under subsection (a).
(B) Regulatory relief In lieu of reimbursement for relocation costs under subparagraph (A), a broadcast television licensee may accept, and the Commission may grant as it considers appropriate, a waiver of the service rules of the Commission to permit the licensee, subject to interference protections, to make flexible use of the spectrum assigned to the licensee to provide services other than broadcast television services. Such waiver shall only remain in effect while the licensee provides at least 1 broadcast television program stream on such spectrum at no charge to the public.
(C) Limitation The Commission may not make reimbursements under subparagraph (A) for lost revenues.
(D) Deadline The Commission shall make all reimbursements required by subparagraph (A) not later than the date that is 3 years after the completion of the forward auction under subsection (c)(1).
(5) Low-power television usage rights Nothing in this subsection shall be construed to alter the spectrum usage rights of low-power television stations.
(c) Forward auction (1) Auction required The Commission shall conduct a forward auction in which—
(A) the Commission assigns licenses for the use of the spectrum that the Commission reallocates under subsection (b)(1)(B)(ii); and
(B) the amount of the proceeds that the Commission shares under clause (i) of section 309(j)(8)(G) of this title with each licensee whose bid the Commission accepts in the reverse auction under subsection (a)(1) is not less than the amount of such bid.
(2) Minimum proceeds (A) In general If the amount of the proceeds from the forward auction under paragraph (1) is not greater than the sum described in subparagraph (B), no licenses shall be assigned through such forward auction, no reassignments or reallocations under subsection (b)(1)(B) shall become effective, and the Commission may not revoke any spectrum usage rights by reason of a bid that the Commission accepts in the reverse auction under subsection (a)(1).
(B) Sum described The sum described in this subparagraph is the sum of—
(i) the total amount of compensation that the Commission must pay successful bidders in the reverse auction under subsection (a)(1);
(ii) the costs of conducting such forward auction that the salaries and expenses account of the Commission is required to retain under section 309(j)(8)(B) of this title; and
(iii) the estimated costs for which the Commission is required to make reimbursements under subsection (b)(4)(A).
(C) Administrative costs The amount of the proceeds from the forward auction under paragraph (1) that the salaries and expenses account of the Commission is required to retain under section 309(j)(8)(B) of this title shall be sufficient to cover the costs incurred by the Commission in conducting the reverse auction under subsection (a)(1), conducting the evaluation of the broadcast television spectrum under subparagraph (A) of subsection (b)(1), and making any reassignments or reallocations under subparagraph (B) of such subsection, in addition to the costs incurred by the Commission in conducting such forward auction.
(3) Factor for consideration In conducting the forward auction under paragraph (1), the Commission shall consider assigning licenses that cover geographic areas of a variety of different sizes.
(d) TV Broadcaster Relocation Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the TV Broadcaster Relocation Fund.
(2) Payment of relocation costs Any amounts borrowed under paragraph (3)(A) and any amounts in the TV Broadcaster Relocation Fund that are not necessary for reimbursement of the general fund of the Treasury for such borrowed amounts shall be available to the Commission to make the payments required by subsection (b)(4)(A).
(3) Borrowing authority (A) In general Beginning on the date when any reassignments or reallocations under subsection (b)(1)(B) become effective, as provided in subsection (f)(2), and ending when $1,000,000,000 has been deposited in the TV Broadcaster Relocation Fund, the Commission may borrow from the Treasury of the United States an amount not to exceed $1,000,000,000 to use toward the payments required by subsection (b)(4)(A).
(B) Reimbursement The Commission shall reimburse the general fund of the Treasury, without interest, for any amounts borrowed under subparagraph (A) as funds are deposited into the TV Broadcaster Relocation Fund.
(4) Transfer of unused funds If any amounts remain in the TV Broadcaster Relocation Fund after the date that is 3 years after the completion of the forward auction under subsection (c)(1), the Secretary of the Treasury shall—
(A) prior to the end of fiscal year 2022, transfer such amounts to the Public Safety Trust Fund established by section 1457(a)(1) of this title; and
(B) after the end of fiscal year 2022, transfer such amounts to the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.
(e) Numerical limitation on auctions and reorganization The Commission may not complete more than one reverse auction under subsection (a)(1) or more than one reorganization of the broadcast television spectrum under subsection (b).
(f) Timing (1) Contemporaneous auctions and reorganization permitted The Commission may conduct the reverse auction under subsection (a)(1), any reassignments or reallocations under subsection (b)(1)(B), and the forward auction under subsection (c)(1) on a contemporaneous basis.
(2) Effectiveness of reassignments and reallocations Notwithstanding paragraph (1), no reassignments or reallocations under subsection (b)(1)(B) shall become effective until the completion of the reverse auction under subsection (a)(1) and the forward auction under subsection (c)(1), and, to the extent practicable, all such reassignments and reallocations shall become effective simultaneously.
(3) Deadline The Commission may not conduct the reverse auction under subsection (a)(1) or the forward auction under subsection (c)(1) after the end of fiscal year 2022.
(4) Limit on discretion regarding auction timing Section 309(j)(15)(A) of this title shall not apply in the case of an auction conducted under this section.
(g) Limitation on reorganization authority (1) In general During the period described in paragraph (2), the Commission may not—
(A) involuntarily modify the spectrum usage rights of a broadcast television licensee or reassign such a licensee to another television channel except—
(i) in accordance with this section; or
(ii) in the case of a violation by such licensee of the terms of its license or a specific provision of a statute administered by the Commission, or a regulation of the Commission promulgated under any such provision; or
(B) reassign a broadcast television licensee from a very high frequency television channel to an ultra high frequency television channel, unless—
(i) such a reassignment will not decrease the total amount of ultra high frequency spectrum made available for reallocation under this section; or
(ii) a request from such licensee for the reassignment was pending at the Commission on May 31, 2011.
(2) Period described The period described in this paragraph is the period beginning on February 22, 2012, and ending on the earliest of—
(A) the first date when the reverse auction under subsection (a)(1), the reassignments and reallocations (if any) under subsection (b)(1)(B), and the forward auction under subsection (c)(1) have been completed;
(B) the date of a determination by the Commission that the amount of the proceeds from the forward auction under subsection (c)(1) is not greater than the sum described in subsection (c)(2)(B); or
(C) September 30, 2022.
(h) Protest right inapplicable The right of a licensee to protest a proposed order of modification of its license under section 316 of this title shall not apply in the case of a modification made under this section.
(i) Commission authority Nothing in subsection (b) shall be construed to—
(1) expand or contract the authority of the Commission, except as otherwise expressly provided; or
(2) prevent the implementation of the Commissions “White Spaces” Second Report and Order and Memorandum Opinion and Order (FCC 08260, adopted November 4, 2008) in the spectrum that remains allocated for broadcast television use after the reorganization required by such subsection.
(j) Reserve source for payment of relocation costs (1) Funding There are hereby authorized to be appropriated, and appropriated, to the TV Broadcaster Relocation Fund established by subsection (d), out of any monies in the Treasury not otherwise appropriated—
(A) for fiscal year 2018, $600,000,000, to remain available, notwithstanding subsection (d)(4), until not later than July 3, 2023, pursuant to this subsection; and
(B) for fiscal year 2019, $400,000,000, to remain available, notwithstanding subsection (d)(4), until not later than July 3, 2023, pursuant to this subsection.
(2) Availability of funds (A) In general If the Commission makes the certification described in subparagraph (B), amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) shall be available to the Commission to make—
(i) reimbursements pursuant to subsection (b)(4)(A)(i) or (b)(4)(A)(ii), including not more than $350,000,000 for this purpose from funds made available by paragraph (1)(A);
(ii) payments required by subsection (k), including not more than $150,000,000 for this purpose from funds made available by paragraph (1)(A);
(iii) payments required by subsection (l), including not more than $50,000,000 for this purpose from funds made available by paragraph (1)(A); and
(iv) payments solely for the purposes of consumer education relating to the reorganization of broadcast television spectrum under subsection (b), including $50,000,000 for this purpose from funds made available by paragraph (1)(A).
(B) Certification The certification described in this subparagraph is a certification from the Commission to the Secretary of the Treasury that the funds available prior to March 23, 2018, in the TV Broadcaster Relocation Fund are likely to be insufficient to reimburse reasonably incurred costs described in subsection (b)(4)(A)(i) or (b)(4)(A)(ii).
(C) Availability for payments after April 13, 2020 (i) For payments to broadcast television licensees and MVPDs Notwithstanding subsection (b)(4)(D), the Commission may make payments pursuant to subsection (b)(4)(A)(i) or (b)(4)(A)(ii) from amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) after April 13, 2020, if, before making any such payments after such date, the Commission submits to Congress a certification that such payments are necessary to reimburse reasonably incurred costs described in such subsection.
(ii) For payments to television translator stations and low power television stations Amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) shall not be available to the Commission to make payments required by subsection (k) after April 13, 2020, unless, before making any such payments after such date, the Commission submits to Congress a certification that such payments are necessary to reimburse costs reasonably incurred by a television translator station or low power television station (as such terms are defined in subsection (k)) on or after January 1, 2017, in order for such station to relocate its television service from one channel to another channel or otherwise modify its facility as a result of the reorganization of broadcast television spectrum under subsection (b).
(iii) For payments to FM broadcast stations Amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) shall not be available to the Commission to make payments required by subsection (l) after April 13, 2020, unless, before making any such payments after such date, the Commission submits to Congress a certification that such payments are necessary to reimburse costs reasonably incurred by an FM broadcast station (as defined in subsection (l)) for facilities necessary for such station to reasonably minimize disruption of service as a result of the reorganization of broadcast television spectrum under subsection (b).
(3) Unused funds rescinded and deposited into the general fund of the treasury (A) Rescission and deposit If any unobligated amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) remain in the Fund after the date described in subparagraph (B), such amounts shall be rescinded and deposited into the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.
(B) Date described The date described in this subparagraph is the earlier of—
(i) the date of a certification by the Commission under subparagraph (C) that all reimbursements pursuant to subsections (b)(4)(A)(i) and (b)(4)(A)(ii) have been made and that all reimbursements pursuant to subsections (k) and (l) have been made; or
(ii) July 3, 2023.
(C) Certification If all reimbursements pursuant to subsections (b)(4)(A)(i) and (b)(4)(A)(ii) and all reimbursements pursuant to subsections (k) and (l) have been made before July 3, 2023, the Commission shall submit to the Secretary of the Treasury a certification that all such reimbursements have been made.
(4) Administrative costs The amount of auction proceeds that the salaries and expenses account of the Commission is required to retain under section 309(j)(8)(B) of this title, including from the proceeds of the forward auction under this section, shall be sufficient to cover the administrative costs incurred by the Commission in making any reimbursements out of the TV Broadcaster Relocation Fund from amounts made available to that Fund by paragraph (1).
(k) Payment of relocation costs of television translator stations and low power television stations (1) Payment required From amounts made available under subsection (j)(2), the Commission shall reimburse costs reasonably incurred by a television translator station or low power television station on or after January 1, 2017, in order for such station to relocate its television service from one channel to another channel or otherwise modify its facility as a result of the reorganization of broadcast television spectrum under subsection (b). Only stations that are eligible to file and do file an application in the Commissions Special Displacement Window are eligible to seek reimbursement under this paragraph.
(2) Limitation The Commission may not make reimbursements under paragraph (1) for lost revenues.
(3) Duplicative payments prohibited In the case of a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations—
(A) if the licensee of such station has received reimbursement with respect to such station under subsection (b)(4)(A)(i) (including from amounts made available under subsection (j)(2)(A)(i)), or from any other source, such station may not receive reimbursement under paragraph (1); and
(B) if such station has received reimbursement under paragraph (1), the licensee of such station may not receive reimbursement with respect to such station under subsection (b)(4)(A)(i).
(4) Additional limitation The Commission may not make reimbursement under paragraph (1) for costs incurred to resolve mutually exclusive applications, including costs incurred in any auction of available channels.
(5) Definitions In this subsection:
(A) Low power television station The term “low power television station” means a low power TV station (as defined in section 74.701 of title 47, Code of Federal Regulations) that was licensed and transmitting for at least 9 of the 12 months prior to April 13, 2017. For purposes of the preceding sentence, the operation of analog and digital companion facilities may be combined.
(B) Television translator station The term “television translator station” means a television broadcast translator station (as defined in section 74.701 of title 47, Code of Federal Regulations) that was licensed and transmitting for at least 9 of the 12 months prior to April 13, 2017. For purposes of the preceding sentence, the operation of analog and digital companion facilities may be combined.
(l) Payment of Relocation Costs of FM Broadcast Stations (1) Payment required (A) In general From amounts made available under subsection (j)(2), the Commission shall reimburse costs reasonably incurred by an FM broadcast station for facilities necessary for such station to reasonably minimize disruption of service as a result of the reorganization of broadcast television spectrum under subsection (b).
(B) Limitation The Commission may not make reimbursements under subparagraph (A) for lost revenues.
(C) Duplicative payments prohibited If an FM broadcast station has received a payment for interim facilities from the licensee of a television broadcast station that was reimbursed for such payment under subsection (b)(4)(A)(i) (including from amounts made available under subsection (j)(2)(A)(i)), or from any other source, such FM broadcast station may not receive any reimbursements under subparagraph (A).
(2) FM broadcast station defined In this subsection, the term FM broadcast station has the meaning given such term in section 73.310 of title 47, Code of Federal Regulations, and includes an FM translator, which has the meaning given the term “FM translator” in section 74.1201 of such title.
(m) Rulemaking (1) In general Not later than 1 year after March 23, 2018, the Commission shall complete a rulemaking to implement subsections (k) and (l).
(2) Matters for inclusion The rulemaking completed under paragraph (1) shall include the development of lists of reasonable eligible costs to be reimbursed by the Commission pursuant to subsections (k) and (l), and procedures for the submission and review of cost estimates and other materials related to those costs consistent with the regulations developed by the Commission pursuant to subsection (b)(4).
(n) Rule of construction (1) Nothing in subsections (j) through (m) shall alter the final transition phase completion date established by the Commission for full power and Class A television stations.
(Pub. L. 11296, title VI, § 6403, Feb. 22, 2012, 126 Stat. 225; Pub. L. 115141, div. E, title V, § 511, Mar. 23, 2018, 132 Stat. 563.)
## Notes
Editorial Notes
Amendments2018—Subsecs. (j) to (n). Pub. L. 115141 added subsecs. (j) to (n).
@@ -0,0 +1,55 @@
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# 47 U.S.C. § 1453 - Unlicensed use in the 5 GHZ band
## Text
(a) Modification of Commission regulations to allow certain unlicensed use (1) In general Subject to paragraph (2), not later than 1 year after February 22, 2012, the Commission shall begin a proceeding to modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed UNII devices to operate in the 53505470 MHz band.
(2) Required determinations The Commission may make the modification described in paragraph (1) only if the Commission, in consultation with the Assistant Secretary, determines that—
(A) licensed users will be protected by technical solutions, including use of existing, modified, or new spectrum-sharing technologies and solutions, such as dynamic frequency selection; and
(B) the primary mission of Federal spectrum users in the 53505470 MHz band will not be compromised by the introduction of unlicensed devices.
(b) Study by NTIA (1) In general The Assistant Secretary, in consultation with the Department of Defense and other impacted agencies, shall conduct a study evaluating known and proposed spectrum-sharing technologies and the risk to Federal users if unlicensed UNII devices were allowed to operate in the 53505470 MHz band and in the 58505925 MHz band.
(2) Submission The Assistant Secretary shall submit to the Commission and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(A) not later than 8 months after February 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 53505470 MHz band; and
(B) not later than 18 months after February 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 58505925 MHz band.
(c) Definitions In this section:
(1) 53505470 MHz band The term “53505470 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz.
(2) 58505925 MHz band The term “58505925 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5850 megahertz to 5925 megahertz.
(Pub. L. 11296, title VI, § 6406, Feb. 22, 2012, 126 Stat. 231.)
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# 47 U.S.C. § 1454 - Guard bands and unlicensed use
## Text
(a) In general Nothing in subparagraph (G) of section 309(j)(8) of this title or in section 1452 of this title shall be construed to prevent the Commission from using relinquished or other spectrum to implement band plans with guard bands.
(b) Size of guard bands Such guard bands shall be no larger than is technically reasonable to prevent harmful interference between licensed services outside the guard bands.
(c) Unlicensed use in guard bands The Commission may permit the use of such guard bands for unlicensed use.
(d) Database Unlicensed use shall rely on a database or subsequent methodology as determined by the Commission.
(e) Protections against harmful interference The Commission may not permit any use of a guard band that the Commission determines would cause harmful interference to licensed services.
(Pub. L. 11296, title VI, § 6407, Feb. 22, 2012, 126 Stat. 231.)
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# 47 U.S.C. § 1455 - Wireless facilities deployment
## Text
(a) Facility modifications (1) In general Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.
(2) Eligible facilities request For purposes of this subsection, the term “eligible facilities request” means any request for modification of an existing wireless tower or base station that involves—
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
(3) Applicability of environmental laws Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act 11 See References in Text note below. or the National Environmental Policy Act of 1969.
(b) Federal easements, rights-of-way, and leases (1) Grant If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization applies for the grant of an easement, right-of-way, or lease to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, modify, or maintain a communications facility installation, the executive agency having control of the building or other property may grant to the applicant, on behalf of the Federal Government, subject to paragraph (3), an easement, right-of-way, or lease to perform such installation, construction, modification, or maintenance.
(2) Application (A) In general The Administrator of General Services shall develop a common form for applications for easements, rights-of-way, and leases under paragraph (1) for all executive agencies that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings or other property of each such agency.
(B) Exception The requirement under subparagraph (A) for an executive agency to use the common form developed by the Administrator of General Services shall not apply to an executive agency if the head of an executive agency notifies the Administrator that the executive agency uses a substantially similar application.
(3) Timely consideration of applications (A) In general Not later than 270 days after the date on which an executive agency receives a duly filed application for an easement, right-of-way, or lease under this subsection, the executive agency shall—
(i) grant or deny, on behalf of the Federal Government, the application; and
(ii) notify the applicant of the grant or denial.
(B) Explanation of denial If an executive agency denies an application under subparagraph (A), the executive agency shall notify the applicant in writing, including a clear statement of the reasons for the denial.
(C) Applicability of environmental laws Nothing in this paragraph shall be construed to relieve an executive agency of the requirements of division A of subtitle III of title 54 or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(D) Point of contact Upon receiving an application under subparagraph (A), an executive agency shall designate one or more appropriate individuals within the executive agency to act as a point of contact with the applicant.
(c) Master contracts for communications facility installation sitings (1) In general Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104104; 110 Stat. 151) or any other provision of law, the Administrator of General Services shall—
(A) develop one or more master contracts that shall govern the placement of communications facility installations on buildings and other property owned by the Federal Government; and
(B) in developing the master contract or contracts, standardize the treatment of the placement of communications facility installations on building rooftops or facades, the placement of communications facility installations on rooftops or inside buildings, the technology used in connection with communications facility installations placed on Federal buildings and other property, and any other key issues the Administrator of General Services considers appropriate.
(2) Applicability The master contract or contracts developed by the Administrator of General Services under paragraph (1) shall apply to all publicly accessible buildings and other property owned by the Federal Government, unless the Administrator of General Services decides that issues with respect to the siting of a communications facility installation on a specific building or other property warrant nonstandard treatment of such building or other property.
(3) Application (A) In general The Administrator of General Services shall develop a common form or set of forms for communications facility installation siting applications that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings and other property of each such agency.
(B) Exception The requirement under subparagraph (A) for an executive agency to use the common form or set of forms developed by the Administrator of General Services shall not apply to an executive agency if the head of the executive agency notifies the Administrator that the executive agency uses a substantially similar application.
(d) Definitions In this section:
(1) Communications facility installation The term “communications facility installation” includes—
(A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and
(B) any antenna or apparatus that—
(i) is designed for the purpose of emitting radio frequency;
(ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and
(iii) is added to a tower, building, or other structure.
(2) Executive agency The term “executive agency” has the meaning given such term in section 102 of title 40.
(Pub. L. 11296, title VI, § 6409, Feb. 22, 2012, 126 Stat. 232; Pub. L. 115141, div. P, title VI, § 606(a), Mar. 23, 2018, 132 Stat. 1101.)
## Notes
Editorial Notes
References in TextSection 704 of the Telecommunications Act of 1996, referred to in subsecs. (a)(1) and (c)(1), is section 704 of Pub. L. 104104, title VII, Feb. 8, 1996, 110 Stat. 151. Subsec. (a) of section 704 of Pub. L. 104104 amended section 332 of this title. Subsec. (b) of section 704 of Pub. L. 104104 is not classified to the Code. Subsec. (c) of section 704 of Pub. L. 104104 is set out as a note under section 332 of this title. The National Historic Preservation Act, referred to in subsec. (a)(3), is Pub. L. 89665, Oct. 15, 1966, 80 Stat. 915, which was classified generally to subchapter II (§ 470 et seq.) of chapter 1A of Title 16, Conservation. The Act, except for section 1, was repealed and restated in division A (§ 300101 et seq.) of subtitle III of Title 54, National Park Service and Related Programs, by Pub. L. 113287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of Title 16, see Disposition Table preceding section 100101 of Title 54. The National Environmental Policy Act of 1969, referred to in subsecs. (a)(3) and (b)(3)(C), is Pub. L. 91190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments2018—Subsecs. (b) to (d). Pub. L. 115141 added subsecs. (b) to (d) and struck out former subsecs. (b) to (d) which related to Federal easements and rights-of-way, master contracts for wireless facility sitings, and definition of executive agency, respectively.
Statutory Notes and Related Subsidiaries
Savings ProvisionsPub. L. 115141, div. P, title VI, § 606(b), Mar. 23, 2018, 132 Stat. 1103, provided that: “An application for an easement, right-of-way, or lease that was made or granted under section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) before the date of enactment of this Act [Mar. 23, 2018] shall continue, subject to that section as in effect on the day before such date of enactment.” Pub. L. 115141, div. P, title VI, § 606(d), Mar. 23, 2018, 132 Stat. 1104, provided that: “(1) Real property authorities.—Nothing in this section [amending this section and enacting provisions set out as a note under this section], or the amendments made by this section, shall be construed as providing any executive agency with any new leasing or other real property authorities not existing prior to the date of enactment of this Act [Mar. 23, 2018]. “(2) Effect on other laws.—Nothing in this section, or the amendments made by this section, and no actions taken pursuant to this section, or the amendments made by this section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease, reuse, or redevelop any Federal real property pursuant to title 40, United States Code, the Federal Assets Sale and Transfer Act of 2016 (Public Law 114287) [40 U.S.C. 1303 note], or any other law governing real property activities of the Federal Government. No agreement entered into pursuant to this section, or the amendments made by this section, may obligate the Federal Government to hold, control, or otherwise retain or use real property that may otherwise be deemed as excess, surplus, or that could be otherwise sold, leased, or redeveloped.”
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# 47 U.S.C. § 1456 - System certification
## Text
Not later than 6 months after February 22, 2012, the Director of the Office of Management and Budget shall update and revise section 33.4 of OMB Circular A11 to reflect the recommendations regarding such Circular made in the Commerce Spectrum Management Advisory Committee Incentive Subcommittee report, adopted January 11, 2011.
(Pub. L. 11296, title VI, § 6411, Feb. 22, 2012, 126 Stat. 234.)
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# 47 U.S.C. § 1457 - Public Safety Trust Fund
## Text
(a) Establishment of Public Safety Trust Fund (1) In general There is established in the Treasury of the United States a trust fund to be known as the Public Safety Trust Fund.
(2) Availability Amounts deposited in the Public Safety Trust Fund shall remain available through fiscal year 2022. Any amounts remaining in the Fund after the end of such fiscal year shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.
(b) Use of Fund As amounts are deposited in the Public Safety Trust Fund, such amounts shall be used to make the following deposits or payments in the following order of priority:
(1) Repayment of amount borrowed for First Responder Network Authority An amount not to exceed $2,000,000,000 shall be available to the NTIA to reimburse the general fund of the Treasury for any amounts borrowed under section 1427 of this title.
(2) State and Local Implementation Fund $135,000,000 shall be deposited in the State and Local Implementation Fund established by section 1441 of this title.
(3) Buildout by First Responder Network Authority $7,000,000,000, reduced by the amount borrowed under section 1427 of this title, shall be deposited in the Network Construction Fund established by section 1426 of this title.
(4) Public safety research $100,000,000 shall be available to the Director of NIST to carry out section 1443 of this title.
(5) Deficit reduction $20,400,000,000 shall be deposited in the general fund of the Treasury, where such amount shall be dedicated for the sole purpose of deficit reduction.
(6) 911, E911, and Next Generation 911 implementation grants $115,000,000 shall be available to the Assistant Secretary and the Administrator of the National Highway Traffic Safety Administration to carry out the grant program under section 942 of this title.
(7) Additional public safety research $200,000,000 shall be available to the Director of NIST to carry out section 1443 of this title.
(8) Additional deficit reduction Any remaining amounts deposited in the Public Safety Trust Fund shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.
(c) Investment Amounts in the Public Safety Trust Fund shall be invested in accordance with section 9702 of title 31, and any interest on, and proceeds from, any such investment shall be credited to, and become a part of, the Fund.
(Pub. L. 11296, title VI, § 6413, Feb. 22, 2012, 126 Stat. 235.)
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# 47 U.S.C. § 1471 - Definitions
## Text
In this subchapter, the following definitions shall apply:
(1) 911 services and E911 services The terms “911 services” and “E911 services” shall have the meaning given those terms in section 942 of this title.
(2) Multi-line telephone system The term “multi-line telephone system” or “MLTS” means a system comprised of common control units, telephone sets, control hardware and software and adjunct systems, including network and premises based systems, such as Centrex and VoIP, as well as PBX, Hybrid, and Key Telephone Systems (as classified by the Commission under part 68 of title 47, Code of Federal Regulations), and includes systems owned or leased by governmental agencies and non-profit entities, as well as for profit businesses.
(3) Office The term “Office” means the 911 Implementation Coordination Office established under section 942 of this title.
(Pub. L. 11296, title VI, § 6502, Feb. 22, 2012, 126 Stat. 237.)
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section: "1472"
citation: "47 U.S.C. § 1472"
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# 47 U.S.C. § 1472 - Parity of protection for provision or use of Next Generation 911 services
## Text
(a) Immunity A provider or user of Next Generation 911 services, a public safety answering point, and the officers, directors, employees, vendors, agents, and authorizing government entity (if any) of such provider, user, or public safety answering point, shall have immunity and protection from liability under Federal and State law to the extent provided in subsection (b) with respect to—
(1) the release of subscriber information related to emergency calls or emergency services;
(2) the use or provision of 911 services, E911 services, or Next Generation 911 services; and
(3) other matters related to 911 services, E911 services, or Next Generation 911 services.
(b) Scope of immunity and protection from liability The scope and extent of the immunity and protection from liability afforded under subsection (a) shall be the same as that provided under section 615a of this title to wireless carriers, public safety answering points, and users of wireless 911 service (as defined in paragraphs (4), (3), and (6), respectively, of section 615b of this title 11 See References in Text note below.) with respect to such release, use, and other matters.
(Pub. L. 11296, title VI, § 6506, Feb. 22, 2012, 126 Stat. 242.)
## Notes
Editorial Notes
References in TextSection 615b of this title, referred to in subsec. (b), was in the original a reference to section 6 of the Wireless Communications and Public Safety Act of 1999, Pub. L. 10681, and was translated as if it had been a reference to section 7 of Pub. L. 10681, which is classified to section 615b of this title, to reflect the probable intent of Congress and the renumbering of section 6 of Pub. L. 10681 as section 7 by Pub. L. 110283, title I, § 101(1), July 23, 2008, 122 Stat. 2620. Pub. L. 110283, title I, § 101(3), July 23, 2008, 122 Stat. 2620 enacted a new section 6 of the Wireless Communications and Public Safety Act of 1999 which is classified to section 215a1 of this title, but that section does not contain definitions.
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# 47 U.S.C. § 1473 - Commission proceeding on autodialing
## Text
(a) In general Not later than 90 days after February 22, 2012, the Commission shall initiate a proceeding to create a specialized Do-Not-Call registry for public safety answering points.
(b) Features of the registry The Commission shall issue regulations, after providing the public with notice and an opportunity to comment, that—
(1) permit verified public safety answering point administrators or managers to register the telephone numbers of all 911 trunks and other lines used for the provision of emergency services to the public or for communications between public safety agencies;
(2) provide a process for verifying, no less frequently than once every 7 years, that registered numbers should continue to appear upon the registry;
(3) provide a process for granting and tracking access to the registry by the operators of automatic dialing equipment;
(4) protect the list of registered numbers from disclosure or dissemination by parties granted access to the registry; and
(5) prohibit the use of automatic dialing or “robocall” equipment to establish contact with registered numbers.
(c) Enforcement The Commission shall—
(1) establish monetary penalties for violations of the protective regulations established pursuant to subsection (b)(4) of not less than $100,000 per incident nor more than $1,000,000 per incident;
(2) establish monetary penalties for violations of the prohibition on automatically dialing registered numbers established pursuant to subsection (b)(5) of not less than $10,000 per call nor more than $100,000 per call; and
(3) provide for the imposition of fines under paragraphs (1) or (2) that vary depending upon whether the conduct leading to the violation was negligent, grossly negligent, reckless, or willful, and depending on whether the violation was a first or subsequent offence.
(Pub. L. 11296, title VI, § 6507, Feb. 22, 2012, 126 Stat. 243.)
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# 47 U.S.C. § 1501 - Definitions
## Text
In this chapter:
(1) Appropriate committees of Congress The term “appropriate committees of Congress” means—
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Energy and Commerce of the House of Representatives; and
(C) each committee of the Senate or of the House of Representatives with jurisdiction over a Federal entity affected by the applicable section in which the term appears.
(2) Commission The term “Commission” means the Federal Communications Commission.
(3) Federal entity The term “Federal entity” has the meaning given the term in section 923(l) of this title.
(4) NTIA The term “NTIA” means the National Telecommunications and Information Administration of the Department of Commerce.
(5) OMB The term “OMB” means the Office of Management and Budget.
(6) Secretary The term “Secretary” means the Secretary of Commerce.
(Pub. L. 115141, div. P, title VI, § 602, Mar. 23, 2018, 132 Stat. 1097.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title VI of div. P of Pub. L. 115141, Mar. 23, 2018, 132 Stat. 1097, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out below and Tables.
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 115141, div. P, title VI, § 601, Mar. 23, 2018, 132 Stat. 1097, provided that: “This title [enacting this chapter, amending sections 928 and 1455 of this title, enacting provisions set out as notes under section 1455 of this title, and enacting and amending provisions set out as as notes under section 1303 of Title 40, Public Buildings, Property, and Works] may be cited as the Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act or the MOBILE NOW Act.”
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# 47 U.S.C. § 1502 - Identifying 255 megahertz
## Text
(a) Requirements (1) In general Not later than December 31, 2022, the Secretary, working through the NTIA, and the Commission shall identify a total of at least 255 megahertz of Federal and non-Federal spectrum for mobile and fixed wireless broadband use.
(2) Unlicensed and licensed use Of the spectrum identified under paragraph (1), not less than—
(A) 100 megahertz below the frequency of 8000 megahertz shall be identified for use on an unlicensed basis;
(B) 100 megahertz below the frequency of 6000 megahertz shall be identified for use on an exclusive, licensed basis for commercial mobile use, pursuant to the Commissions authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent Federal entities in designated geographic areas indefinitely or for such length of time stipulated in transition plans approved by the Technical Panel under section 923(h) of this title for those incumbent entities to be relocated to alternate spectrum; and
(C) 55 megahertz below the frequency of 8000 megahertz shall be identified for use on either a licensed or unlicensed basis, or a combination of licensed and unlicensed.
(3) Non-eligible spectrum For purposes of satisfying the requirement under paragraph (1), the following spectrum shall not be counted:
(A) The frequencies between 1695 and 1710 megahertz.
(B) The frequencies between 1755 and 1780 megahertz.
(C) The frequencies between 2155 and 2180 megahertz.
(D) The frequencies between 3550 and 3700 megahertz.
(E) Spectrum that the Commission determines had more than de minimis mobile or fixed wireless broadband operations within the band on the day before March 23, 2018.
(4) Treatment of certain other spectrum Spectrum identified pursuant to this section may include eligible spectrum, if any, identified after March 23, 2018, pursuant to title X of the Bipartisan Budget Act of 2015 (Public Law 11474).
(5) Spectrum made available on and after February 11, 2016 Any spectrum that has been made available for licensed or unlicensed use on and after February 11, 2016, and that otherwise satisfies the requirements of this section may be counted towards the requirements of this subsection.
(6) Relocation prioritized over sharing This section shall be carried out in accordance with section 923(j) of this title.
(7) Considerations In identifying spectrum for use under this section, the Secretary, working through the NTIA, and Commission shall consider—
(A) the need to preserve critical existing and planned Federal Government capabilities;
(B) the impact on existing State, local, and tribal government capabilities;
(C) the international implications;
(D) the need for appropriate enforcement mechanisms and authorities; and
(E) the importance of the deployment of wireless broadband services in rural areas of the United States.
(b) Rules of construction Nothing in this section shall be construed—
(1) to impair or otherwise affect the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals;
(2) to require the disclosure of classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security; or
(3) to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000, or any other relevant statutory requirement applicable to the reallocation of Federal spectrum.
(Pub. L. 115141, div. P, title VI, § 603, Mar. 23, 2018, 132 Stat. 1098.)
## Notes
Editorial Notes
References in TextThe Bipartisan Budget Act of 2015, referred to in subsec. (a)(4), is Pub. L. 11474, Nov. 2, 2015, 129 Stat. 584. Title X of the Act, known as the Spectrum Pipeline Act of 2015, is title X of Pub. L. 11474, Nov. 2, 2015, 129 Stat. 621. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 901 of this title and Tables. Section 156 of the National Telecommunications and Information Administration Organization Act, as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000, referred to in subsec. (b)(3), is section 156 of title I of Pub. L. 102538, as added by Pub. L. 10665, div. A, title X, § 1062(a), Oct. 5, 1999, 113 Stat. 767, formerly set out as a note under section 921 of this title.
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# 47 U.S.C. § 1503 - Millimeter wave spectrum
## Text
(a) FCC proceeding Not later than 2 years after March 23, 2018, the Commission shall publish a notice of proposed rulemaking to consider service rules to authorize mobile or fixed terrestrial wireless operations, including for advanced mobile service operations, in the radio frequency band between 42000 and 42500 megahertz.
(b) Considerations In conducting a rulemaking under subsection (a), the Commission shall—
(1) consider how the band described in subsection (a) may be used to provide commercial wireless broadband service, including whether—
(A) such spectrum may be best used for licensed or unlicensed services, or some combination thereof; and
(B) to permit additional licensed operations in such band on a shared basis; and
(2) include technical characteristics under which the band described in subsection (a) may be employed for mobile or fixed terrestrial wireless operations, including any appropriate coexistence requirements.
(c) Spectrum made available on and after February 11, 2016 Any spectrum that has been made available for licensed or unlicensed use on or after February 11, 2016, and that otherwise satisfies the requirements of section 1502 of this title may be counted towards the requirements of section 1502(a) of this title.
(Pub. L. 115141, div. P, title VI, § 604, Mar. 23, 2018, 132 Stat. 1099.)
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# 47 U.S.C. § 1504 - Broadband infrastructure deployment
## Text
(a) Definitions In this section:
(1) Appropriate State agency The term “appropriate State agency” means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and carry out projects relating to the proper and effective installation and operation of broadband infrastructure.
(2) Broadband infrastructure The term “broadband infrastructure” means any buried, underground, or aerial facility, and any wireless or wireline connection, that enables users to send and receive voice, video, data, graphics, or any combination thereof.
(3) Broadband infrastructure entity The term “broadband infrastructure entity” means any entity that—
(A) installs, owns, or operates broadband infrastructure; and
(B) provides broadband services in a manner consistent with the public interest, convenience, and necessity, as determined by the State.
(4) State The term “State” means—
(A) a State;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(b) Broadband infrastructure deployment To facilitate the installation of broadband infrastructure, the Secretary of Transportation shall promulgate regulations to ensure that each State that receives funds under chapter 1 of title 23 meets the following requirements:
(1) Broadband consultation The State department of transportation, in consultation with appropriate State agencies, shall—
(A) identify a broadband utility coordinator, that may have additional responsibilities, whether in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State;
(B) establish a process for the registration of broadband infrastructure entities that seek to be included in those broadband infrastructure right-of-way facilitation efforts within the State;
(C) establish a process to electronically notify broadband infrastructure entities identified under subparagraph (B) of the State transportation improvement program on an annual basis and provide additional notifications as necessary to achieve the goals of this section; and
(D) coordinate initiatives carried out under this section with other statewide telecommunication and broadband plans and State and local transportation and land use plans, including strategies to minimize repeated excavations that involve the installation of broadband infrastructure in a right-of-way.
(2) Priority If a State chooses to provide for the installation of broadband infrastructure in the right-of-way of an applicable Federal-aid highway project under this subsection, the State department of transportation shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged, as compared to other broadband infrastructure entities, with respect to the program under this subsection.
(c) Effect of section This section applies only to activities for which Federal obligations or expenditures are initially approved on or after the date regulations under subsection (b) become effective. Nothing in this section establishes a mandate or requirement that a State install or allow the installation of broadband infrastructure in a highway right-of-way. Nothing in this section authorizes the Secretary of Transportation to withhold or reserve funds or approval of a project under title 23.
(Pub. L. 115141, div. P, title VI, § 607, Mar. 23, 2018, 132 Stat. 1104.)
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# 47 U.S.C. § 1505 - Unlicensed services in guard bands
## Text
(a) In general After public notice and comment, and in consultation with the Assistant Secretary of Commerce for Communications and Information and the head of each affected Federal agency (or a designee thereof), with respect to frequencies allocated for Federal use, the Commission shall adopt rules that permit unlicensed services where feasible to use any frequencies that are designated as guard bands to protect frequencies allocated after March 23, 2018, by competitive bidding under section 309(j) of this title, including spectrum that acts as a duplex gap between transmit and receive frequencies.
(b) Limitation The Commission may not permit any use of a guard band under this section that would cause harmful interference to a licensed service or a Federal service.
(c) Rule of construction Nothing in this section shall be construed as limiting the Commission or the Assistant Secretary of Commerce for Communications and Information from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands, including under section 1502 of this title, consistent with their statutory jurisdictions.
(Pub. L. 115141, div. P, title VI, § 611, Mar. 23, 2018, 132 Stat. 1109.)
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# 47 U.S.C. § 1506 - Rulemaking related to partitioning or disaggregating licenses
## Text
(a) Definitions In this section:
(1) Covered small carrier The term “covered small carrier” means a carrier (as defined in section 153 of this title) that—
(A) has not more than 1,500 employees (as determined under section 121.106 of title 13, Code of Federal Regulations, or any successor thereto); and
(B) offers services using the facilities of the carrier.
(2) Rural area The term “rural area” means any area other than—
(A) a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or
(B) an urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants.
(b) Rulemaking (1) In general Not later than 1 year after March 23, 2018, the Commission shall initiate a rulemaking proceeding to assess whether to establish a program, or modify existing programs, under which a licensee that receives a license for the exclusive use of spectrum in a specific geographic area under section 301 of this title may partition or disaggregate the license by sale or long-term lease—
(A) in order to—
(i) provide services consistent with the license; and
(ii) make unused spectrum available to—
(I) an unaffiliated covered small carrier; or
(II) an unaffiliated carrier to serve a rural area; and
(B) if the Commission finds that such a program would promote—
(i) the availability of advanced telecommunications services in rural areas; or
(ii) spectrum availability for covered small carriers.
(2) Considerations In conducting the rulemaking proceeding under paragraph (1), the Commission shall consider, with respect to the program proposed to be established under that paragraph—
(A) whether reduced performance requirements with respect to spectrum obtained through the program would facilitate deployment of advanced telecommunications services in the areas covered by the program;
(B) what conditions may be needed on transfers of spectrum under the program to allow covered small carriers that obtain spectrum under the program to build out the spectrum in a reasonable period of time;
(C) what incentives may be appropriate to encourage licensees to lease or sell spectrum, including—
(i) extending the term of a license granted under section 301 of this title; or
(ii) modifying performance requirements of the license relating to the leased or sold spectrum; and
(D) the administrative feasibility of—
(i) the incentives described in subparagraph (C); and
(ii) other incentives considered by the Commission that further the goals of this section.
(3) Forfeiture of spectrum If a party fails to meet any build out requirements set by the Commission for any spectrum sold or leased under this section, the right to the spectrum shall be forfeited to the Commission unless the Commission finds that there is good cause for the failure of the party.
(4) Requirement The Commission may offer a licensee incentives or reduced performance requirements under this section only if the Commission finds that doing so would likely result in increased availability of advanced telecommunications services in a rural area.
(Pub. L. 115141, div. P, title VI, § 616, Mar. 23, 2018, 132 Stat. 1110.)
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# 47 U.S.C. § 1507 - Unlicensed spectrum policy
## Text
(a) Statement of policy It is the policy of the United States—
(1) to maximize the benefit to the people of the United States of the spectrum resources of the United States;
(2) to advance innovation and investment in wireless broadband services; and
(3) to promote spectrum policy that makes available on an unlicensed basis radio frequency bands to address consumer demand for unlicensed wireless broadband operations.
(b) Commission responsibilities The Commission shall ensure that the efforts of the Commission related to spectrum allocation and assignment made available on an unlicensed basis radio frequency bands to address demand for unlicensed wireless broadband operations if doing so is, after taking into account the future needs of homeland security, national security, and other spectrum users—
(1) reasonable; and
(2) in the public interest.
(c) Rule of construction Nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part 96 of title 47, Code of Federal Regulations, to protection from harmful interference.
(Pub. L. 115141, div. P, title VI, § 617, Mar. 23, 2018, 132 Stat. 1112.)
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# 47 U.S.C. § 1508 - National plan for unlicensed spectrum
## Text
(a) Definitions In this section:
(1) Spectrum Relocation Fund The term “Spectrum Relocation Fund” means the Fund established under section 928 of this title.
(2) Unlicensed or licensed by rule operations The term “unlicensed or licensed by rule operations” means the use of spectrum on a non-exclusive basis under—
(A) part 15 of title 47, Code of Federal Regulations; or
(B) licensing by rule under part 96 of title 47, Code of Federal Regulations.
(b) National plan Not later than 18 months after March 23, 2018, the Commission, in consultation with the NTIA, shall develop a national plan for making additional radio frequency bands available for unlicensed or licensed by rule operations.
(c) Requirements The plan developed under this section shall—
(1) identify an approach that ensures that consumers have access to additional spectrum to conduct unlicensed or licensed by rule operations in a range of radio frequencies to meet consumer demand;
(2) recommend specific actions by the Commission and the NTIA to permit unlicensed or licensed by rule operations in additional radio frequency ranges that the Commission finds—
(A) are consistent with the statement of policy under section 1507(a) of this title;
(B) will—
(i) expand opportunities for unlicensed or licensed by rule operations in a spectrum band; or
(ii) otherwise improve spectrum utilization and intensity of use of bands where unlicensed or licensed by rule operations are already permitted;
(C) will not cause harmful interference to Federal or non-Federal users of such bands; and
(D) will not significantly impact homeland security or national security communications systems; and
(3) examine additional ways, with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed or licensed by rule operations—
(A) to improve accuracy and efficacy;
(B) to reduce burdens on consumers, manufacturers, and service providers; and
(C) to protect sensitive Government information.
(d) Spectrum Relocation Fund To be included as an appendix as part of the plan developed under this section, the NTIA, in consultation with the Director of the Office of Management and Budget, shall share with the Commission recommendations about how to reform the Spectrum Relocation Fund—
(1) to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and
(2) to ensure the Spectrum Relocation Fund has sufficient funds to cover—
(A) the costs described in paragraph (1); and
(B) other expenditures allowed of the Spectrum Relocation Fund under section 928 of this title.
(e) Report required (1) In general Not later than 18 months after March 23, 2018, the Commission shall submit to the appropriate committees of Congress a report that describes the plan developed under this section, including any recommendations for legislative change.
(2) Publication on commission website Not later than the date on which the Commission submits the report under paragraph (1), the Commission shall make the report publicly available on the website of the Commission.
(f) Rule of construction Nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part 96 of title 47, Code of Federal Regulations, to protection from harmful interference.
(Pub. L. 115141, div. P, title VI, § 618, Mar. 23, 2018, 132 Stat. 1112.)
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# 47 U.S.C. § 1509 - Spectrum Challenge Prize
## Text
(a) Short title This section may be cited as the “Spectrum Challenge Prize Act”.
(b) Definition of prize competition In this section, the term “prize competition” means a prize competition conducted by the Secretary under subsection (c)(1).
(c) Spectrum Challenge Prize (1) In general The Secretary, in consultation with the Assistant Secretary of Commerce for Communications and Information and the Under Secretary of Commerce for Standards and Technology, shall, subject to the availability of funds for prize competitions under this section—
(A) conduct prize competitions to dramatically accelerate the development and commercialization of technology that improves spectrum efficiency and is capable of cost-effective deployment; and
(B) define a measurable set of performance goals for participants in the prize competitions to demonstrate their solutions on a level playing field while making a significant advancement over the current state of the art.
(2) Authority of Secretary In carrying out paragraph (1), the Secretary may—
(A) enter into a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competitions;
(B) invite the Defense Advanced Research Projects Agency, the Commission, the National Aeronautics and Space Administration, the National Science Foundation, or any other Federal agency to provide advice and assistance in the design or administration of the prize competitions; and
(C) award not more than $5,000,000, in the aggregate, to the winner or winners of the prize competitions.
(d) Criteria Not later than 180 days after the date on which funds for prize competitions are made available pursuant to this section, the Commission shall publish a technical paper on spectrum efficiency providing criteria that may be used for the design of the prize competitions.
(e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section.
(Pub. L. 115141, div. P, title VI, § 619, Mar. 23, 2018, 132 Stat. 1113.)
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# 47 U.S.C. § 1510 - Wireless telecommunications tax and fee collection fairness
## Text
(a) Short title This section may be cited as the “Wireless Telecommunications Tax and Fee Collection Fairness Act”.
(b) Definitions In this section:
(1) Financial transaction The term “financial transaction” means a transaction in which the purchaser or user of a wireless telecommunications service upon whom a tax, fee, or surcharge is imposed gives cash, credit, or any other exchange of monetary value or consideration to the person who is required to collect or remit the tax, fee, or surcharge.
(2) Local jurisdiction The term “local jurisdiction” means a political subdivision of a State.
(3) State The term “State” means any of the several States, the District of Columbia, and any territory or possession of the United States.
(4) State or local jurisdiction The term “State or local jurisdiction” includes any governmental entity or person acting on behalf of a State or local jurisdiction that has the authority to assess, impose, levy, or collect taxes or fees.
(5) Wireless telecommunications service The term “wireless telecommunications service” means a commercial mobile radio service, as defined in section 20.3 of title 47, Code of Federal Regulations, or any successor thereto.
(c) Financial transaction requirement (1) In general A State, or a local jurisdiction of a State, may not require a person who is neither a resident of such State or local jurisdiction nor an entity having its principal place of business in such State or local jurisdiction to collect from, or remit on behalf of, any other person a State or local tax, fee, or surcharge imposed on a purchaser or user with respect to the purchase or use of any wireless telecommunications service within the State unless the collection or remittance is in connection with a financial transaction.
(2) Rule of construction Nothing in this subsection shall be construed to affect the right of a State or local jurisdiction to require the collection of any tax, fee, or surcharge in connection with a financial transaction.
(d) Enforcement (1) Private right of action Any person aggrieved by a violation of subsection (c) may bring a civil action in an appropriate district court of the United States for equitable relief in accordance with paragraph (2) of this subsection.
(2) Jurisdiction of district courts Notwithstanding section 1341 of title 28, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to the amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of subsection (c).
(Pub. L. 115141, div. P, title VI, § 620, Mar. 23, 2018, 132 Stat. 1114.)
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# 47 U.S.C. § 1511 - Rules of construction
## Text
(a) Ranges of frequencies Each range of frequencies described in this chapter shall be construed to be inclusive of the upper and lower frequencies in the range.
(b) Assessment of electromagnetic spectrum reallocation Nothing in this chapter shall be construed to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000.
(Pub. L. 115141, div. P, title VI, § 621, Mar. 23, 2018, 132 Stat. 1115.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title VI of div. P of Pub. L. 115141, Mar. 23, 2018, 132 Stat. 1097, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out under section 1501 of this title and Tables. Section 156 of the National Telecommunications and Information Administration Organization Act, as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000, referred to in subsec. (b), is section 156 of title I of Pub. L. 102538, as added by Pub. L. 10665, div. A, title X, § 1062(a), Oct. 5, 1999, 113 Stat. 767, formerly set out as a note under section 921 of this title.
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# 47 U.S.C. § 1512 - Relationship to Middle Class Tax Relief and Job Creation Act of 2012
## Text
Nothing in this chapter shall be construed to limit, restrict, or circumvent in any way the implementation of the nationwide public safety broadband network defined in section 6001 of title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401) or any rules implementing that network under title VI of that Act (47 U.S.C. 1401 et seq.).
(Pub. L. 115141, div. P, title VI, § 622, Mar. 23, 2018, 132 Stat. 1115.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title VI of div. P of Pub. L. 115141, Mar. 23, 2018, 132 Stat. 1097, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out under section 1501 of this title and Tables. The Middle Class Tax Relief and Job Creation Act of 2012, referred to in text, is Pub. L. 11296, Feb. 22, 2012, 126 Stat. 156. Title VI of the Act is classified principally to chapter 13 (§ 1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1(a) of Pub. L. 11296, set out as a Short Title of 2012 Amendment note under section 1 of Title 26, Internal Revenue Code, and Tables.
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# 47 U.S.C. § 1513 - No additional funds authorized
## Text
No additional funds are authorized to be appropriated to carry out this chapter, or the amendments made by this title.11 See References in Text note below. This chapter, and the amendments made by this title,1 shall be carried out using amounts otherwise authorized.
(Pub. L. 115141, div. P, title VI, § 623, Mar. 23, 2018, 132 Stat. 1115.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title VI of div. P of Pub. L. 115141, Mar. 23, 2018, 132 Stat. 1097, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out under section 1501 of this title and Tables. This title, referred to in text, means title VI of div. P of Pub. L. 115141. See note above.
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# 47 U.S.C. § 1602 - Prohibition on use of certain Federal subsidies
## Text
(a) In general (1) Prohibition A Federal subsidy that is made available through a program administered by the Commission and that provides funds to be used for the capital expenditures necessary for the provision of advanced communications service may not be used to—
(A) purchase, rent, lease, or otherwise obtain any covered communications equipment or service; or
(B) maintain any covered communications equipment or service previously purchased, rented, leased, or otherwise obtained.
(2) Timing Paragraph (1) shall apply with respect to any covered communications equipment or service beginning on the date that is 60 days after the date on which the Commission places such equipment or service on the list required by section 1601(a) of this title. In the case of any covered communications equipment or service that is on the initial list published under such section, such equipment or service shall be treated as being placed on the list on the date on which such list is published.
(b) Completion of proceeding Not later than 180 days after March 12, 2020, the Commission shall adopt a Report and Order to implement subsection (a). If the Commission has, before March 12, 2020, taken action that in whole or in part implements subsection (a), the Commission is not required to revisit such action, but only to the extent such action is consistent with this section.
(Pub. L. 116124, § 3, Mar. 12, 2020, 134 Stat. 159.)
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# 47 U.S.C. § 1603 - Secure and Trusted Communications Networks Reimbursement Program
## Text
(a) In general The Commission shall establish a reimbursement program, to be known as the “Secure and Trusted Communications Networks Reimbursement Program”, to make reimbursements to providers of advanced communications service to replace covered communications equipment or services.
(b) Eligibility The Commission may not make a reimbursement under the Program to a provider of advanced communications service unless the provider—
(1) has 10,000,000 or fewer customers; and
(2) makes all of the certifications required by subsection (d)(4).
(c) Use of funds (1) In general A recipient of a reimbursement under the Program shall use reimbursement funds solely for the purposes of—
(A) permanently removing covered communications equipment or services purchased, rented, leased, or otherwise obtained—
(i) as defined in the Report and Order of the Commission in the matter of Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs (FCC 19121; WC Docket No. 1889; adopted November 22, 2019) (in this section referred to as the “Report and Order”); or
(ii) as determined to be covered by both the process of the Report and Order and the Designation Orders of the Commission on June 30, 2020 (DA 20690; PS Docket No. 19351; adopted June 30, 2020) (DA 20691; PS Docket No. 19352; adopted June 30, 2020) (in this section collectively referred to as the “Designation Orders”);
(B) replacing the covered communications equipment or services removed as described in subparagraph (A) with communications equipment or services that are not covered communications equipment or services; and
(C) disposing of the covered communications equipment or services removed as described in subparagraph (A) in accordance with the requirements under subsection (d)(7).
(2) Limitations A recipient of a reimbursement under the Program may not—
(A) use reimbursement funds to remove, replace, or dispose of any covered communications equipment or service purchased, rented, leased, or otherwise obtained on or after—
(i) publication of the Report and Order; or
(ii) in the case of covered communications equipment that only became covered pursuant to the Designation Orders, June 30, 2020; or
(B) purchase, rent, lease, or otherwise obtain any covered communications equipment or service, using reimbursement funds or any other funds (including funds derived from private sources).
(d) Implementation (1) Suggested replacements (A) Development of list The Commission shall develop a list of suggested replacements of both physical and virtual communications equipment, application and management software, and services or categories of replacements of both physical and virtual communications equipment, application and management software and services.
(B) Neutrality The list developed under subparagraph (A) shall be technology neutral and may not advantage the use of reimbursement funds for capital expenditures over operational expenditures, to the extent that the Commission determines that communications services can serve as an adequate substitute for the installation of communications equipment.
(2) Application process (A) In general The Commission shall develop an application process and related forms and materials for the Program.
(B) Cost estimate (i) Initial estimate The Commission shall require an applicant to provide an initial reimbursement cost estimate at the time of application, with supporting materials substantiating the costs.
(ii) Updates During and after the application review process, the Commission may require an applicant to—
(I) update the initial reimbursement cost estimate submitted under clause (i); and
(II) submit additional supporting materials substantiating an updated cost estimate submitted under subclause (I).
(C) Mitigation of burden In developing the application process under this paragraph, the Commission shall take reasonable steps to mitigate the administrative burdens and costs associated with the application process, while taking into account the need to avoid waste, fraud, and abuse in the Program.
(3) Application review process (A) Deadline (i) In general Except as provided in clause (ii) and subparagraph (B), the Commission shall approve or deny an application for a reimbursement under the Program not later than 90 days after the date of the submission of the application.
(ii) Additional time needed by Commission If the Commission determines that, because an excessive number of applications have been filed at one time, the Commission needs additional time for employees of the Commission to process the applications, the Commission may extend the deadline described in clause (i) for not more than 45 days.
(B) Opportunity for applicant to cure deficiency If the Commission determines that an application is materially deficient (including by lacking an adequate cost estimate or adequate supporting materials), the Commission shall provide the applicant a 15-day period to cure the defect before denying the application. If such period would extend beyond the deadline under subparagraph (A) for approving or denying the application, such deadline shall be extended through the end of such period.
(C) Effect of denial Denial of an application for a reimbursement under the Program shall not preclude the applicant from resubmitting the application or submitting a new application for a reimbursement under the Program at a later date.
(4) Certifications An applicant for a reimbursement under the Program shall, in the application of the applicant, certify to the Commission that—
(A) as of the date of the submission of the application, the applicant—
(i) has developed a plan for—
(I) the permanent removal and replacement of any covered communications equipment or services that are in the communications network of the applicant as of such date; and
(II) the disposal of the equipment or services removed as described in subclause (I) in accordance with the requirements under paragraph (7); and
(ii) has developed a specific timeline (subject to paragraph (6)) for the permanent removal, replacement, and disposal of the covered communications equipment or services identified under clause (i), which timeline shall be submitted to the Commission as part of the application; and
(B) beginning on the date of the approval of the application, the applicant—
(i) will not purchase, rent, lease, or otherwise obtain covered communications equipment or services, using reimbursement funds or any other funds (including funds derived from private sources); and
(ii) in developing and tailoring the risk management practices of the applicant, will consult and consider the standards, guidelines, and best practices set forth in the cybersecurity framework developed by the National Institute of Standards and Technology.
(5) Distribution of reimbursement funds (A) In general Subject to subparagraph (C), the Commission shall make reasonable efforts to ensure that reimbursement funds are distributed equitably among all applicants for reimbursements under the Program according to the needs of the applicants, as identified by the applications of the applicants.
(B) Notification If, at any time during the implementation of the Program, the Commission determines that $1,000,000,000 will not be sufficient to fully fund all approved applications for reimbursements under the Program, the Commission shall immediately notify—
(i) the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives; and
(ii) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate.
(C) Priority for allocation On and after December 27, 2020, the Commission shall allocate sufficient reimbursement funds—
(i) first, to approved applicants that have 2,000,000 or fewer customers, for removal and replacement of covered communications equipment, as defined in section 1608 of this title or as designated by the process set forth in the Report and Order;
(ii) after funds have been allocated to all applicants described in clause (i), to approved applicants that are accredited public or private non-commercial educational institutions providing their own facilities-based educational broadband service, as defined in section 27.4 of title 47, Code of Federal Regulations, or any successor regulation, for removal and replacement of covered communications equipment, as defined in section 1608 of this title or as designated by the process set forth in the Report and Order; and
(iii) after funds have been allocated to all applicants described in clause (ii), to any remaining approved applicants determined to be eligible for reimbursement under the Program.
(6) Removal, replacement, and disposal term (A) Deadline Except as provided in subparagraphs (B) and (C), the permanent removal, replacement, and disposal of any covered communications equipment or services identified under paragraph (4)(A)(i) shall be completed not later than 1 year after the date on which the Commission distributes reimbursement funds to the recipient.
(B) General extension The Commission may grant an extension of the deadline described in subparagraph (A) for 6 months to all recipients of reimbursements under the Program if the Commission—
(i) finds that the supply of replacement communications equipment or services needed by the recipients to achieve the purposes of the Program is inadequate to meet the needs of the recipients; and
(ii) provides notice and a detailed justification for granting the extension to—
(I) the Committee on Energy and Commerce of the House of Representatives; and
(II) the Committee on Commerce, Science, and Transportation of the Senate.
(C) Individual extension (i) Petition A recipient of a reimbursement under the Program may petition the Commission for an extension for such recipient of the deadline described in subparagraph (A) or, if the Commission has granted an extension of such deadline under subparagraph (B), such deadline as so extended.
(ii) Grant The Commission may grant a petition filed under clause (i) by extending, for the recipient that filed the petition, the deadline described in subparagraph (A) or, if the Commission has granted an extension of such deadline under subparagraph (B), such deadline as so extended, for a period of not more than 6 months if the Commission finds that, due to no fault of such recipient, such recipient is unable to complete the permanent removal, replacement, and disposal described in subparagraph (A).
(7) Disposal of covered communications equipment or services The Commission shall include in the regulations promulgated under subsection (g) requirements for the disposal by a recipient of a reimbursement under the Program of covered communications equipment or services identified under paragraph (4)(A)(i) and removed from the network of the recipient in order to prevent such equipment or services from being used in the networks of providers of advanced communications service.
(8) Status updates (A) In general Not less frequently than once every 90 days beginning on the date on which the Commission approves an application for a reimbursement under the Program, the recipient of the reimbursement shall submit to the Commission a status update on the work of the recipient to permanently remove, replace, and dispose of the covered communications equipment or services identified under paragraph (4)(A)(i).
(B) Public posting Not earlier than 30 days after the date on which the Commission receives a status update under subparagraph (A), the Commission shall make such status update public on the website of the Commission.
(C) Reports to Congress Not less frequently than once every 180 days beginning on the date on which the Commission first makes funds available to a recipient of a reimbursement under the Program, the Commission shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on—
(i) the implementation of the Program by the Commission; and
(ii) the work by recipients of reimbursements under the Program to permanently remove, replace, and dispose of covered communications equipment or services identified under paragraph (4)(A)(i).
(e) Measures to avoid waste, fraud, and abuse (1) In general The Commission shall take all necessary steps to avoid waste, fraud, and abuse with respect to the Program.
(2) Spending reports The Commission shall require recipients of reimbursements under the Program to submit to the Commission on a regular basis reports regarding how reimbursement funds have been spent, including detailed accounting of the covered communications equipment or services permanently removed and disposed of, and the replacement equipment or services purchased, rented, leased, or otherwise obtained, using reimbursement funds.
(3) Audits, reviews, and field investigations The Commission shall conduct—
(A) regular audits and reviews of reimbursements under the Program to confirm that recipients of such reimbursements are complying with this chapter; and
(B) random field investigations to ensure that recipients of reimbursements under the Program are performing the work such recipients are required to perform under the commitments made in the applications of such recipients for reimbursements under the Program, including the permanent removal, replacement, and disposal of the covered communications equipment or services identified under subsection (d)(4)(A)(i).
(4) Final certification (A) In general The Commission shall require a recipient of a reimbursement under the Program to submit to the Commission, in a form and at an appropriate time to be determined by the Commission, a certification stating that the recipient—
(i) has fully complied with (or is in the process of complying with) all terms and conditions of the Program;
(ii) has fully complied with (or is in the process of complying with) the commitments made in the application of the recipient for the reimbursement;
(iii) has permanently removed from the communications network of the recipient, replaced, and disposed of (or is in the process of permanently removing, replacing, and disposing of) all covered communications equipment or services that were in the network of the recipient as of the date of the submission of the application of the recipient for the reimbursement; and
(iv) has fully complied with (or is in the process of complying with) the timeline submitted by the recipient under subparagraph (A)(ii) of paragraph (4) of subsection (d) and the other requirements of such paragraph.
(B) Updated certification If, at the time when a recipient of a reimbursement under the Program submits a certification under subparagraph (A), the recipient has not fully complied as described in clause (i), (ii), or (iv) of such subparagraph or has not completed the permanent removal, replacement, and disposal described in clause (iii) of such subparagraph, the Commission shall require the recipient to file an updated certification when the recipient has fully complied as described in such clause (i), (ii), or (iv) or completed such permanent removal, replacement, and disposal.
(f) Effect of removal of equipment or service from list (1) In general If, after the date on which a recipient of a reimbursement under the Program submits the application for the reimbursement, any covered communications equipment or service that is in the network of the recipient as of such date is removed from the list published under section 1601(a) of this title, the recipient may—
(A) return to the Commission any reimbursement funds received for the removal, replacement, and disposal of such equipment or service and be released from any requirement under this section to remove, replace, or dispose of such equipment or service; or
(B) retain any reimbursement funds received for the removal, replacement, and disposal of such equipment or service and remain subject to the requirements of this section to remove, replace, and dispose of such equipment or service as if such equipment or service continued to be on the list published under section 1601(a) of this title.
(2) Assurances In the case of an assurance relating to the removal, replacement, or disposal of any equipment or service with respect to which the recipient returns to the Commission reimbursement funds under paragraph (1)(A), such assurance may be satisfied by making an assurance that such funds have been returned.
(g) Rulemaking (1) Commencement Not later than 90 days after March 12, 2020, the Commission shall commence a rulemaking to implement this section.
(2) Completion The Commission shall complete the rulemaking under paragraph (1) not later than 1 year after March 12, 2020.
(h) Rule of construction regarding timing of reimbursement Nothing in this section shall be construed to prohibit the Commission from making a reimbursement under the Program to a provider of advanced communications service before the provider incurs the cost of the permanent removal, replacement, and disposal of the covered communications equipment or service for which the application of the provider has been approved under this section.
(i) Education efforts The Commission shall engage in education efforts with providers of advanced communications service to—
(1) encourage such providers to participate in the Program; and
(2) assist such providers in submitting applications for the Program.
(j) Separate from Federal universal service programs The Program shall be separate from any Federal universal service program established under section 254 of this title.
(k) Limitation In carrying out this section, the Commission may not expend more than $4,980,000,000.
(Pub. L. 116124, § 4, Mar. 12, 2020, 134 Stat. 160; Pub. L. 116260, div. N, title IX, § 901(1), Dec. 27, 2020, 134 Stat. 2120; Pub. L. 118159, div. E, title LIV, § 5405, Dec. 23, 2024, 138 Stat. 2451.)
## Notes
Editorial Notes
Amendments2024—Subsec. (k). Pub. L. 118159 substituted “$4,980,000,000” for “$1,900,000,000”. 2020—Subsec. (b)(1). Pub. L. 116260, § 901(1)(A), substituted “10,000,000” for “2,000,000”. Subsec. (c)(1)(A). Pub. L. 116260, § 901(1)(B)(i)(I), struck out “before” after “otherwise obtained” in introductory provisions. Subsec. (c)(1)(A)(i). Pub. L. 116260, § 901(1)(B)(i)(II), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “in the case of any covered communications equipment or services that are on the initial list published under section 1601(a) of this title, August 14, 2018; or”. Subsec. (c)(1)(A)(ii). Pub. L. 116260, § 901(1)(B)(i)(III), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “in the case of any covered communications equipment or services that are not on the initial list published under section 1601(a) of this title, the date that is 60 days after the date on which the Commission places such equipment or services on the list required by such section;”. Subsec. (c)(2)(A)(i), (ii). Pub. L. 116260, § 901(1)(B)(ii), amended cls. (i) and (ii) generally. Prior to amendment, cls. (i) and (ii) read as follows: “(i) in the case of any covered communications equipment or service that is on the initial list published under section 1601(a) of this title, August 14, 2018; or “(ii) in the case of any covered communications equipment or service that is not on the initial list published under section 1601(a) of this title, the date that is 60 days after the date on which the Commission places such equipment or service on the list required by such section; or”. Subsec. (d)(5)(A). Pub. L. 116260, § 901(1)(C)(i), substituted “Subject to subparagraph (C), the Commission” for “The Commission”. Subsec. (d)(5)(C). Pub. L. 116260, § 901(1)(C)(ii), added subpar. (C). Subsec. (k). Pub. L. 116260, § 901(1)(D), added subsec. (k).
@@ -0,0 +1,51 @@
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# 47 U.S.C. § 1604 - Reports on covered communications equipment or services
## Text
(a) In general Each provider of advanced communications service shall submit an annual report to the Commission, in a form to be determined by the Commission, regarding whether such provider has purchased, rented, leased, or otherwise obtained any covered communications equipment or service on or after—
(1) in the case of any covered communications equipment or service that is on the initial list published under section 1601(a) of this title, August 14, 2018; or
(2) in the case of any covered communications equipment or service that is not on the initial list published under section 1601(a) of this title, the date that is 60 days after the date on which the Commission places such equipment or service on the list required by such section.
(b) Rule of construction If a provider of advanced communications service certifies to the Commission that such provider does not have any covered communications equipment or service in the network of such provider, such provider is not required to submit a report under subsection (a) after making such certification, unless such provider later purchases, rents, leases, or otherwise obtains any covered communications equipment or service.
(c) Justification If a provider of advanced communications service indicates in a report under subsection (a) that such provider has purchased, rented, leased, or otherwise obtained any covered communications equipment or service as described in such subsection, such provider shall include in such report—
(1) a detailed justification for such action;
(2) information about whether such covered communications equipment or service has subsequently been removed and replaced pursuant to section 1603 of this title; and
(3) information about whether such provider plans to continue to purchase, rent, lease, or otherwise obtain, or install or use, such covered communications equipment or service and, if so, why.
(d) Proceeding The Commission shall implement this section as part of the rulemaking required by section 1603(g) of this title.
(Pub. L. 116124, § 5, Mar. 12, 2020, 134 Stat. 166.)
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# 47 U.S.C. § 1605 - Hold harmless
## Text
In the case of a person who is a winner of the Connect America Fund Phase II auction, has not yet been authorized to receive Connect America Fund Phase II support, and demonstrates an inability to reasonably meet the build-out and service obligations of such person under Connect America Fund Phase II without using equipment or services prohibited under this chapter, such person may withdraw the application of such person for Connect America Fund Phase II support without being found in default or subject to forfeiture. The Commission may set a deadline to make such a withdrawal that is not earlier than the date that is 60 days after March 12, 2020.
(Pub. L. 116124, § 6, Mar. 12, 2020, 134 Stat. 167.)
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# 47 U.S.C. § 1606 - Enforcement
## Text
(a) Violations A violation of this chapter or a regulation promulgated under this chapter shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation promulgated under such Act, respectively. The Commission shall enforce this chapter and the regulations promulgated under this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 were incorporated into and made a part of this chapter.
(b) Additional penalties (1) In general Except as provided in paragraph (2), in addition to penalties under the Communications Act of 1934, a recipient of a reimbursement under the Program found to have violated section 1603 of this title, the regulations promulgated under such section, or the commitments made by the recipient in the application for the reimbursement—
(A) shall repay to the Commission all reimbursement funds provided to the recipient under the Program;
(B) shall be barred from further participation in the Program;
(C) shall be referred to all appropriate law enforcement agencies or officials for further action under applicable criminal and civil laws; and
(D) may be barred by the Commission from participation in other programs of the Commission, including the Federal universal service support programs established under section 254 of the Communications Act of 1934 (47 U.S.C. 254).
(2) Notice and opportunity to cure The penalties described in paragraph (1) shall not apply to a recipient of a reimbursement under the Program unless—
(A) the Commission provides the recipient with notice of the violation; and
(B) the recipient fails to cure the violation within 180 days after the Commission provides such notice.
(c) Recovery of funds The Commission shall immediately take action to recover all reimbursement funds awarded to a recipient of a reimbursement under the Program in any case in which such recipient is required to repay reimbursement funds under subsection (b)(1)(A).
(Pub. L. 116124, § 7, Mar. 12, 2020, 134 Stat. 167.)
## Notes
Editorial Notes
References in TextThe Communications Act of 1934, referred to in subsecs. (a) and (b)(1), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.
@@ -0,0 +1,69 @@
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# 47 U.S.C. § 1607 - NTIA program for preventing future vulnerabilities
## Text
(a) Future vulnerability program (1) Establishment Not later than 120 days after March 12, 2020, including an opportunity for notice and comment, the Assistant Secretary, in cooperation with the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the Commission, shall establish a program to share information regarding supply chain security risks with trusted providers of advanced communications service and trusted suppliers of communications equipment or services.
(2) Activities In carrying out the program established under paragraph (1), the Assistant Secretary shall—
(A) conduct regular briefings and other events to share information with trusted providers of advanced communications service and trusted suppliers of communications equipment or services;
(B) engage with trusted providers of advanced communications service and trusted suppliers of communications equipment or services, in particular such providers and suppliers that—
(i) are small businesses; or
(ii) primarily serve rural areas;
(C) not later than 180 days after March 12, 2020, submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for—
(i) declassifying material, when feasible, to help share information regarding supply chain security risks with trusted providers of advanced communications service and trusted suppliers of communications equipment or services; and
(ii) expediting and expanding the provision of security clearances to facilitate information sharing regarding supply chain security risks with trusted providers of advanced communications service and trusted suppliers of communications equipment or services; and
(D) ensure that the activities carried out through the program are consistent with and, to the extent practicable, integrated with, ongoing activities of the Department of Homeland Security and the Department of Commerce.
(3) Scope of program The program established under paragraph (1) shall involve only the sharing of information regarding supply chain security risks by the Federal Government to trusted providers of advanced communications service and trusted suppliers of communications equipment or services, and not the sharing of such information by such providers and suppliers to the Federal Government.
(b) Representation on CSRIC of interests of public and consumers (1) In general The Commission shall appoint to the Communications Security, Reliability, and Interoperability Council (or any successor thereof), and to each subcommittee, workgroup, or other subdivision of the Council (or any such successor), at least one member to represent the interests of the public and consumers.
(2) Initial appointments The Commission shall make the initial appointments required by paragraph (1) not later than 180 days after March 12, 2020. Any member so appointed shall be in addition to the members of the Council, or the members of the subdivision of the Council to which the appointment is being made, as the case may be, as of March 12, 2020.
(c) Definitions In this section:
(1) Assistant Secretary The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
(2) Foreign adversary The term “foreign adversary” means any foreign government or foreign nongovernment person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons.
(3) Supply chain security risk The term “supply chain security risk” includes specific risk and vulnerability information related to equipment and software.
(4) Trusted The term “trusted” means, with respect to a provider of advanced communications service or a supplier of communications equipment or service, that the Assistant Secretary has determined that such provider or supplier is not owned by, controlled by, or subject to the influence of a foreign adversary.
(Pub. L. 116124, § 8, Mar. 12, 2020, 134 Stat. 168.)
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# 47 U.S.C. § 1608 - Definitions
## Text
In this chapter:
(1) Advanced communications service The term “advanced communications service” has the meaning given the term “advanced telecommunications capability” in section 1302 of this title.
(2) Appropriate national security agency The term “appropriate national security agency” means—
(A) the Department of Homeland Security;
(B) the Department of Defense;
(C) the Office of the Director of National Intelligence;
(D) the National Security Agency; and
(E) the Federal Bureau of Investigation.
(3) Commission The term “Commission” means the Federal Communications Commission.
(4) Communications equipment or service The term “communications equipment or service” means any equipment or service that is essential to the provision of advanced communications service.
(5) Covered communications equipment or service The term “covered communications equipment or service” means any communications equipment or service that is on the list published by the Commission under section 1601(a) of this title.
(6) Customers The term “customers” means, with respect to a provider of advanced communications service—
(A) the customers of such provider; and
(B) the customers of any affiliate (as defined in section 153 of this title) of such provider.
(7) Executive branch interagency body The term “executive branch interagency body” means an interagency body established in the executive branch.
(8) Person The term “person” means an individual or entity.
(9) Program The term “Program” means the Secure and Trusted Communications Networks Reimbursement Program established under section 1603(a) of this title.
(10) Provider of advanced communications service The term “provider of advanced communications service”—
(A) means a person who provides advanced communications service to United States customers; and
(B) includes—
(i) accredited public or private noncommercial educational institutions, providing their own facilities-based educational broadband service, as defined in section 27.4 of title 47, Code of Federal Regulations, or any successor regulation; and
(ii) health care providers and libraries providing advanced communications service.
(11) Recipient The term “recipient” means any provider of advanced communications service the application of which for a reimbursement under the Program has been approved by the Commission, regardless of whether the provider has received reimbursement funds.
(12) Reimbursement funds The term “reimbursement funds” means any reimbursement received under the Program.
(Pub. L. 116124, § 9, Mar. 12, 2020, 134 Stat. 169; Pub. L. 116260, div. N, title IX, § 901(2), Dec. 27, 2020, 134 Stat. 2121.)
## Notes
Editorial Notes
Amendments2020—Par. (10). Pub. L. 116260 amended par. (10) generally. Prior to amendment, text read as follows: “The term provider of advanced communications service means a person who provides advanced communications service to United States customers.”
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# 47 U.S.C. § 1609 - Severability
## Text
If any provision of this chapter, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this chapter, and the application of such provisions to any person or circumstance, shall not be affected thereby.
(Pub. L. 116124, § 10, Mar. 12, 2020, 134 Stat. 170.)
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# 47 U.S.C. § 1701 - Findings
## Text
Congress finds the following:
(1) Access to affordable, reliable, high-speed broadband is essential to full participation in modern life in the United States.
(2) The persistent “digital divide” in the United States is a barrier to the economic competitiveness of the United States and equitable distribution of essential public services, including health care and education.
(3) The digital divide disproportionately affects communities of color, lower-income areas, and rural areas, and the benefits of broadband should be broadly enjoyed by all.
(4) In many communities across the country, increased competition among broadband providers has the potential to offer consumers more affordable, high-quality options for broadband service.
(5) The 2019 novel coronavirus pandemic has underscored the critical importance of affordable, high-speed broadband for individuals, families, and communities to be able to work, learn, and connect remotely while supporting social distancing.
(Pub. L. 11758, div. F, title I, § 60101, Nov. 15, 2021, 135 Stat. 1182.)
## Notes
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 11758, div. F, title III, § 60301, Nov. 15, 2021, 135 Stat. 1209, provided that: “This title [enacting subchapter II of this chapter] may be cited as the Digital Equity Act of 2021.”
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# 47 U.S.C. § 1702 - Grants for broadband deployment
## Text
(a) Definitions (1) Areas, locations, and institutions lacking broadband access In this section:
(A) Unserved location The term “unserved location” means a broadband-serviceable location, as determined in accordance with the broadband DATA maps, that—
(i) has no access to broadband service; or
(ii) lacks access to reliable broadband service offered with—
(I) a speed of not less than—
(aa) 25 megabits per second for downloads; and
(bb) 3 megabits per second for uploads; and
(II) a latency sufficient to support real-time, interactive applications.
(B) Unserved service project The term “unserved service project” means a project in which not less than 80 percent of broadband-serviceable locations served by the project are unserved locations.
(C) Underserved location The term “underserved location” means a location—
(i) that is not an unserved location; and
(ii) as determined in accordance with the broadband DATA maps, lacks access to reliable broadband service offered with—
(I) a speed of not less than—
(aa) 100 megabits per second for downloads; and
(bb) 20 megabits per second for uploads; and
(II) a latency sufficient to support real-time, interactive applications.
(D) Underserved service project The term “underserved service project” means a project in which not less than 80 percent of broadband-serviceable locations served by the project are unserved locations or underserved locations.
(E) Eligible community anchor institution The term “eligible community anchor institution” means a community anchor institution that lacks access to gigabit-level broadband service.
(2) Other definitions In this section:
(A) Assistant Secretary The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
(B) Broadband; broadband service The term “broadband” or “broadband service” has the meaning given the term “broadband internet access service” in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(C) Broadband DATA maps The term “broadband DATA maps” means the maps created under section 802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)).
(D) Commission The term “Commission” means the Federal Communications Commission.
(E) Community anchor institution The term “community anchor institution” means an entity such as a school, library, health clinic, health center, hospital or other medical provider, public safety entity, institution of higher education, public housing organization, or community support organization that facilitates greater use of broadband service by vulnerable populations, including low-income individuals, unemployed individuals, and aged individuals.
(F) Eligible entity The term “eligible entity” means a State.
(G) High-cost area (i) In general The term “high-cost area” means an unserved area in which the cost of building out broadband service is higher, as compared with the average cost of building out broadband service in unserved areas in the United States (as determined by the Assistant Secretary, in consultation with the Commission), incorporating factors that include—
(I) the remote location of the area;
(II) the lack of population density of the area;
(III) the unique topography of the area;
(IV) a high rate of poverty in the area; or
(V) any other factor identified by the Assistant Secretary, in consultation with the Commission, that contributes to the higher cost of deploying broadband service in the area.
(ii) Unserved area For purposes of clause (i), the term “unserved area” means an area in which not less than 80 percent of broadband-serviceable locations are unserved locations.
(H) Location; broadband-serviceable location The terms “location” and “broadband-serviceable location” have the meanings given those terms by the Commission under rules and guidance that are in effect, as of November 15, 2021.
(I) Priority broadband project The term “priority broadband project” means a project designed to—
(i) provide broadband service that meets speed, latency, reliability, consistency in quality of service, and related criteria as the Assistant Secretary shall determine; and
(ii) ensure that the network built by the project can easily scale speeds over time to—
(I) meet the evolving connectivity needs of households and businesses; and
(II) support the deployment of 5G, successor wireless technologies, and other advanced services.
(J) Program The term “Program” means the Broadband Equity, Access, and Deployment Program established under subsection (b)(1).
(K) Project The term “project” means an undertaking by a subgrantee under this section to construct and deploy infrastructure for the provision of broadband service.
(L) Reliable broadband service The term “reliable broadband service” means broadband service that meets performance criteria for service availability, adaptability to changing end-user requirements, length of serviceable life, or other criteria, other than upload and download speeds, as determined by the Assistant Secretary in coordination with the Commission.
(M) State The term “State” has the meaning given the term in section 942 of this title, except that that definition shall be applied by striking “, and any other territory or possession of the United States”.
(N) Subgrantee The term “subgrantee” means an entity that receives grant funds from an eligible entity to carry out activities under subsection (f).
(b) Broadband Equity, Access, and Deployment Program (1) Establishment Not later than 180 days after November 15, 2021, the Assistant Secretary shall establish a grant program, to be known as the “Broadband Equity, Access, and Deployment Program”, under which the Assistant Secretary makes grants to eligible entities, in accordance with this section, to bridge the digital divide.
(2) Authorization of appropriations There is authorized to be appropriated to the Assistant Secretary to carry out the Program $42,450,000,000.
(3) Obligation timeline The Assistant Secretary shall obligate all amounts appropriated pursuant to paragraph (2) in an expedient manner after the Assistant Secretary issues the notice of funding opportunity under subsection (e)(1).
(4) Technical support and assistance (A) Program assistance As part of the Program, the Assistant Secretary, in consultation with the Commission, shall provide technical support and assistance to eligible entities to facilitate their participation in the Program, including by assisting eligible entities with—
(i) the development of grant applications under the Program;
(ii) the development of plans and procedures for distribution of funds under the Program; and
(iii) other technical support as determined by the Assistant Secretary.
(B) General assistance The Assistant Secretary shall provide technical and other assistance to eligible entities—
(i) to support the expansion of broadband, with priority for—
(I) expansion in rural areas; and
(II) eligible entities that consistently rank below most other eligible entities with respect to broadband access and deployment; and
(ii) regarding cybersecurity resources and programs available through Federal agencies, including the Election Assistance Commission, the Cybersecurity and Infrastructure Security Agency, the Federal Trade Commission, and the National Institute of Standards and Technology.
(c) Allocation (1) Allocation for high-cost areas (A) In general On or after the date on which the broadband DATA maps are made public, the Assistant Secretary shall allocate to eligible entities, in accordance with subparagraph (B) of this paragraph, 10 percent of the amount appropriated pursuant to subsection (b)(2).
(B) Formula The Assistant Secretary shall calculate the amount allocated to an eligible entity under subparagraph (A) by—
(i) dividing the number of unserved locations in high-cost areas in the eligible entity by the total number of unserved locations in high-cost areas in the United States; and
(ii) multiplying the quotient obtained under clause (i) by the amount made available under subparagraph (A).
(2) Minimum initial allocation Of the amount appropriated pursuant to subsection (b)(2)—
(A) except as provided in subparagraph (B) of this paragraph, $100,000,000 shall be allocated to each State; and
(B) $100,000,000 shall be allocated to, and divided equally among, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(3) Allocation of remaining amounts (A) In general On or after the date on which the broadband DATA maps are made public, of the amount appropriated pursuant to subsection (b)(2), the Assistant Secretary shall allocate to eligible entities, in accordance with subparagraph (B) of this paragraph, the amount remaining after compliance with paragraphs (1) and (2) of this subsection.
(B) Allocation The amount allocated to an eligible entity under subparagraph (B) shall be calculated by—
(i) dividing the number of unserved locations in the eligible entity by the total number of unserved locations in the United States; and
(ii) multiplying the quotient obtained under clause (i) by the amount made available under subparagraph (A).
(4) Availability conditioned on approval of applications The availability of amounts allocated under paragraph (1), (2), or (3) to an eligible entity shall be subject to approval by the Assistant Secretary of the letter of intent, initial proposal, or final proposal of the eligible entity, as applicable, under subsection (e).
(5) Contingency procedures (A) Definition In this paragraph, the term “covered application” means a letter of intent, initial proposal, or final proposal under this section.
(B) Political subdivisions and consortia (i) Application failures The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to submit a covered application by the applicable deadline, or a covered application submitted by an eligible entity is not approved by the applicable deadline, a political subdivision or consortium of political subdivisions of the eligible entity may submit the applicable type of covered application in place of the eligible entity.
(ii) Treatment of political subdivision or consortium as eligible entity In the case of a political subdivision or consortium of political subdivisions that submits a covered application under clause (i) that is approved by the Assistant Secretary—
(I) except as provided in subclause (II) of this clause, any reference in this section to an eligible entity shall be deemed to refer to the political subdivision or consortium; and
(II) any reference in this section to an eligible entity in a geographic sense shall be deemed to refer to the eligible entity in whose place the political subdivision or consortium submitted the covered application.
(C) Reallocation to other eligible entities (i) Application failures The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to submit a covered application by the applicable deadline, or a covered application submitted by an eligible entity is not approved by the applicable deadline, as provided in subparagraph (A)), and no political subdivision or consortium of political subdivisions of the eligible entity submits a covered application by the applicable deadline, or no covered application submitted by such a political subdivision or consortium is approved by the applicable deadline, as provided in subparagraph (B), the Assistant Secretary—
(I) shall reallocate the amounts that would have been available to the eligible entity pursuant to that type of covered application to other eligible entities that submitted that type of covered application by the applicable deadline; and
(II) shall reallocate the amounts described in subclause (I) of this clause in accordance with the formula under paragraph (3).
(ii) Failure to use full allocation The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to use the full amount allocated to the eligible entity under this subsection by the applicable deadline, the Assistant Secretary—
(I) shall reallocate the unused amounts to other eligible entities with approved final proposals; and
(II) shall reallocate the amounts described in subclause (I) in accordance with the formula under paragraph (3).
(d) Administrative expenses (1) Assistant Secretary The Assistant Secretary may use not more than 2 percent of amounts appropriated pursuant to subsection (b) for administrative purposes.
(2) Eligible entities (A) Pre-deployment planning An eligible entity may use not more than 5 percent of the amount allocated to the eligible entity under subsection (c)(2) for the planning and pre-deployment activities under subsection (e)(1)(C).
(B) Administration An eligible entity may use not more than 2 percent of the grant amounts made available to the eligible entity under subsection (e) for expenses relating (directly or indirectly) to administration of the grant.
(e) Implementation (1) Initial Program deployment and planning (A) Notice of funding opportunity; process Not later than 180 days after November 15, 2021, the Assistant Secretary shall—
(i) issue a notice of funding opportunity for the Program that—
(I) notifies eligible entities of—
(aa) the establishment of the Program; and
(bb) the amount of the minimum initial allocation to each eligible entity under subsection (c)(2);
(II) invites eligible entities to submit letters of intent under subparagraph (B) in order to—
(aa) participate in the Program; and
(bb) receive funding for planning and pre-deployment activities under subparagraph (C);
(III) contains details about the Program, including an outline of the requirements for—
(aa) applications for grants under the Program, which shall consist of letters of intent, initial proposals, and final proposals; and
(bb) allowed uses of grant amounts awarded under this section, as provided in subsection (f); and
(IV) includes any other information determined relevant by the Assistant Secretary;
(ii) establish a process, in accordance with subparagraph (C), through which to provide funding to eligible entities for planning and pre-deployment activities;
(iii) develop and make public a standard online application form that an eligible entity may use to submit an initial proposal and final proposal for the grant amounts allocated to the eligible entity under subsection (c);
(iv) publish a template—
(I) initial proposal that complies with paragraph (3)(A); and
(II) final proposal that complies with paragraph (4)(A); and
(v) in consultation with the Commission, establish standards for how an eligible entity shall assess the capabilities and capacities of a prospective subgrantee under subsection (g)(2)(A).
(B) Letter of intent (i) In general An eligible entity that wishes to participate in the Program shall file a letter of intent to participate in the Program consistent with this subparagraph.
(ii) Form and contents The Assistant Secretary may establish the form and contents required for a letter of intent under this subparagraph, which contents may include—
(I) details of—
(aa) the existing broadband program or office of the eligible entity, including—
(AA) activities that the program or office currently conducts;
(BB) the number of rounds of broadband deployment grants that the eligible entity has awarded, if applicable;
(CC) whether the eligible entity has an eligible entity-wide plan and goal for availability of broadband, and any relevant deadlines, as applicable; and
(DD) the amount of funding that the eligible entity has available for broadband deployment or other broadband-related activities, including data collection and local planning, and the sources of that funding, including whether the funds are from the eligible entity or from the Federal Government under the American Rescue Plan Act of 2021 (Public Law 1172);
(bb) the number of full-time employees and part-time employees of the eligible entity who will assist in administering amounts received under the Program and the duties assigned to those employees;
(cc) relevant contracted support; and
(dd) the goals of the eligible entity for the use of amounts received under the Program, the process that the eligible entity will use to distribute those amounts to subgrantees, the timeline for awarding subgrants, and oversight and reporting requirements that the eligible entity will impose on subgrantees;
(II) the identification of known barriers or challenges to developing and administering a program to administer grants received under the Program, if applicable;
(III) the identification of the additional capacity needed by the eligible entity to implement the requirements under this section, such as—
(aa) enhancing the capacity of the broadband program or office of the eligible entity by receiving technical assistance from Federal entities or other partners, hiring additional employees, or obtaining support from contracted entities; or
(bb) acquiring additional programmatic information or data, such as through surveys or asset inventories;
(IV) an explanation of how the needs described in subclause (III) were identified and how funds may be used to address those needs, including target areas;
(V) details of any relevant partners, such as organizations that may inform broadband deployment and adoption planning; and
(VI) any other information determined relevant by the Assistant Secretary.
(C) Planning funds (i) In general The Assistant Secretary shall establish a process through which an eligible entity, in submitting a letter of intent under subparagraph (B), may request access to not more than 5 percent of the amount allocated to the eligible entity under subsection (c)(2) for use consistent with this subparagraph.
(ii) Funding availability If the Assistant Secretary approves a request from an eligible entity under clause (i), the Assistant Secretary shall make available to the eligible entity an amount, as determined appropriate by the Assistant Secretary, that is not more than 5 percent of the amount allocated to the eligible entity under subsection (c)(2).
(iii) Eligible use The Assistant Secretary shall determine the allowable uses of amounts made available under clause (ii), which may include—
(I) research and data collection, including initial identification of unserved locations and underserved locations;
(II) the development of a preliminary budget for pre-planning activities;
(III) publications, outreach, and communications support;
(IV) providing technical assistance, including through workshops and events;
(V) training for employees of the broadband program or office of the eligible entity or employees of political subdivisions of the eligible entity, and related staffing capacity or consulting or contracted support; and
(VI) with respect to an office that oversees broadband programs and broadband deployment in an eligible entity, establishing, operating, or increasing the capacity of such a broadband office.
(D) Action plan (i) In general An eligible entity that receives funding from the Assistant Secretary under subparagraph (C) shall submit to the Assistant Secretary a 5-year action plan, which shall—
(I) be informed by collaboration with local and regional entities; and
(II) detail—
(aa) investment priorities and associated costs;
(bb) alignment of planned spending with economic development, telehealth, and related connectivity efforts.
(ii) Requirements of action plans The Assistant Secretary shall establish requirements for the 5-year action plan submitted by an eligible entity under clause (i), which may include requirements to—
(I) address local and regional needs in the eligible entity with respect to broadband service;
(II) propose solutions for the deployment of affordable broadband service in the eligible entity;
(III) include localized data with respect to the deployment of broadband service in the eligible entity, including by identifying locations that should be prioritized for Federal support with respect to that deployment;
(IV) ascertain how best to serve unserved locations in the eligible entity, whether through the establishment of cooperatives or public-private partnerships;
(V) identify the technical assistance that would be necessary to carry out the plan; and
(VI) assess the amount of time it would take to build out universal broadband service in the eligible entity.
(2) Notice of available amounts; invitation to submit initial and final proposals On or after the date on which the broadband DATA maps are made public, the Assistant Secretary, in coordination with the Commission, shall issue a notice to each eligible entity that—
(A) contains the estimated amount available to the eligible entity under subsection (c); and
(B) invites the eligible entity to submit an initial proposal and final proposal for a grant under this section, in accordance with paragraphs (3) and (4) of this subsection.
(3) Initial proposal (A) Submission (i) In general After the Assistant Secretary issues the notice under paragraph (2), an eligible entity that wishes to receive a grant under this section shall submit an initial proposal for a grant, using the online application form developed by the Assistant Secretary under paragraph (1)(A)(iii), that—
(I) outlines long-term objectives for deploying broadband, closing the digital divide, and enhancing economic growth and job creation, including—
(aa) information developed by the eligible entity as part of the action plan submitted under paragraph (1)(D), if applicable; and
(bb) information from any comparable strategic plan otherwise developed by the eligible entity, if applicable;
(II) (aa) identifies, and outlines steps to support, local and regional broadband planning processes or ongoing efforts to deploy broadband or close the digital divide; and
(bb) describes coordination with local governments, along with local and regional broadband planning processes;
(III) identifies existing efforts funded by the Federal Government or a State within the jurisdiction of the eligible entity to deploy broadband and close the digital divide;
(IV) includes a plan to competitively award subgrants to ensure timely deployment of broadband;
(V) identifies—
(aa) each unserved location or underserved location under the jurisdiction of the eligible entity; and
(bb) each community anchor institution under the jurisdiction of the eligible entity that is an eligible community anchor institution; and
(VI) certifies the intent of the eligible entity to comply with all applicable requirements under this section, including the reporting requirements under subsection (j)(1).
(ii) Local coordination (I) In general The Assistant Secretary shall establish local coordination requirements for eligible entities to follow, to the greatest extent practicable.
(II) Requirements The local coordination requirements established under subclause (I) shall include, at minimum, an opportunity for political subdivisions of an eligible entity to—
(aa) submit plans for consideration by the eligible entity; and
(bb) comment on the initial proposal of the eligible entity before the initial proposal is submitted to the Assistant Secretary.
(B) Single initial proposal An eligible entity may submit only 1 initial proposal under this paragraph.
(C) Corrections to initial proposal The Assistant Secretary may accept corrections to the initial proposal of an eligible entity after the initial proposal has been submitted.
(D) Consideration of initial proposal After receipt of an initial proposal for a grant under this paragraph, the Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the initial proposal is complete—
(I) shall determine whether the use of funds proposed in the initial proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the initial proposal based on the determinations under subclause (I); and
(III) if the Assistant Secretary approves the initial proposal under clause (ii)(II), shall make available to the eligible entity—
(aa) 20 percent of the grant funds that were allocated to the eligible entity under subsection (c); or
(bb) a higher percentage of the grant funds that were allocated to the eligible entity under subsection (c), at the discretion of the Assistant Secretary; and
(iii) if the initial proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the initial proposal.
(E) Consideration of resubmitted initial proposal After receipt of a resubmitted initial proposal for a grant under this paragraph, the Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the initial proposal is complete—
(I) shall determine whether the use of funds proposed in the initial proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the initial proposal based on the determinations under subclause (I); and
(III) if the Assistant Secretary approves the initial proposal under clause (ii)(II), shall make available to the eligible entity—
(aa) 20 percent of the grant funds that were allocated to the eligible entity under subsection (c); or
(bb) a higher percentage of the grant funds that were allocated to the eligible entity under subsection (c), at the discretion of the Assistant Secretary; and
(iii) if the initial proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the initial proposal.
(4) Final proposal (A) Submission (i) In general After the Assistant Secretary approvals 11 So in original. Probably should be “approves”. the initial proposal of an eligible entity under paragraph (3), the eligible entity may submit a final proposal for the remainder of the amount allocated to the eligible entity under subsection (c), using the online application form developed by the Assistant Secretary under paragraph (1)(A)(iii), that includes—
(I) a detailed plan that specifies how the eligible entity will—
(aa) allocate grant funds for the deployment of broadband networks to unserved locations and underserved locations, in accordance with subsection (h)(1)(A)(i); and
(bb) align the grant funds allocated to the eligible entity under subsection (c), where practicable, with the use of other funds that the eligible entity receives from the Federal Government, a State, or a private entity for related purposes;
(II) a timeline for implementation;
(III) processes for oversight and accountability to ensure the proper use of the grant funds allocated to the eligible entity under subsection (c); and
(IV) a description of coordination with local governments, along with local and regional broadband planning processes.
(ii) Local coordination (I) In general The Assistant Secretary shall establish local coordination requirements for eligible entities to follow, to the greatest extent practicable.
(II) Requirements The local coordination requirements established under subclause (I) shall include, at minimum, an opportunity for political subdivisions of an eligible entity to—
(aa) submit plans for consideration by the eligible entity; and
(bb) comment on the final proposal of the eligible entity before the final proposal is submitted to the Assistant Secretary.
(iii) Federal coordination To ensure efficient and effective use of taxpayer funds, an eligible entity shall, to the greatest extent practicable, align the use of grant funds proposed in the final proposal under clause (i) with funds available from other Federal programs that support broadband deployment and access.
(B) Single final proposal An eligible entity may submit only 1 final proposal under this paragraph.
(C) Corrections to final proposal The Assistant Secretary may accept corrections to the final proposal of an eligible entity after the final proposal has been submitted.
(D) Consideration of final proposal After receipt of a final proposal for a grant under this paragraph, the Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the final proposal is complete—
(I) shall determine whether the use of funds proposed in the final proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the final proposal based on the determinations under subclause (I); and
(III) if the Assistant Secretary approves the final proposal under clause (ii)(II), shall make available to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection (c); and
(iii) if the final proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal.
(E) Consideration of resubmitted final proposal After receipt of a resubmitted final proposal for a grant under this paragraph, the Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the final proposal is complete—
(I) shall determine whether the use of funds proposed in the final proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the final proposal based on the determinations under subclause (I); and
(III) if the Assistant Secretary approves the final proposal under clause (ii)(II), shall make available to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection (c); and
(iii) if the final proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal.
(f) Use of funds An eligible entity may use grant funds received under this section to competitively award subgrants for—
(1) unserved service projects and underserved service projects;
(2) connecting eligible community anchor institutions;
(3) data collection, broadband mapping, and planning;
(4) installing internet and Wi-Fi infrastructure or providing reduced-cost broadband within a multi-family residential building, with priority given to a residential building that—
(A) has a substantial share of unserved households; or
(B) is in a location in which the percentage of individuals with a household income that is at or below 150 percent of the poverty line applicable to a family of the size involved (as determined under section 9902(2) of title 42) is higher than the national percentage of such individuals;
(5) broadband adoption, including programs to provide affordable internet-capable devices; and
(6) any use determined necessary by the Assistant Secretary to facilitate the goals of the Program.
(g) General Program requirements (1) Subgrantee obligations A subgrantee, in carrying out activities using amounts received from an eligible entity under this section—
(A) shall adhere to quality-of-service standards, as established by the Assistant Secretary;
(B) shall comply with prudent cybersecurity and supply chain risk management practices, as specified by the Assistant Secretary, in consultation with the Director of the National Institute of Standards and Technology and the Commission;
(C) shall incorporate best practices, as defined by the Assistant Secretary, for ensuring reliability and resilience of broadband infrastructure; and
(D) may not use the amounts to purchase or support—
(i) any covered communications equipment or service, as defined in section 1608 of this title; or
(ii) fiber optic cable and optical transmission equipment manufactured in the Peoples Republic of China, except that the Assistant Secretary may waive the application of this clause with respect to a project if the eligible entity that awards a subgrant for the project shows that such application would unreasonably increase the cost of the project.
(2) Eligible entity obligations In distributing funds to subgrantees under this section, an eligible entity shall—
(A) ensure that any prospective subgrantee—
(i) is capable of carrying out activities funded by the subgrant in a competent manner in compliance with all applicable Federal, State, and local laws;
(ii) has the financial and managerial capacity to meet—
(I) the commitments of the subgrantee under the subgrant;
(II) the requirements of the Program; and
(III) such requirements as may be further prescribed by the Assistant Secretary; and
(iii) has the technical and operational capability to provide the services promised in the subgrant in the manner contemplated by the subgrant award;
(B) stipulate, in any contract with a subgrantee for the use of such funds, reasonable provisions for recovery of funds for nonperformance; and
(C) (i) distribute the funds in an equitable and non-discriminatory manner; and
(ii) ensure, through a stipulation in any contract with a subgrantee for the use of such funds, that each subgrantee uses the funds in an equitable and nondiscriminatory manner.
(3) Deobligation of awards; internet disclosure The Assistant Secretary—
(A) shall establish, in coordination with relevant Federal and State partners, appropriate mechanisms to ensure appropriate use of funds made available under this section;
(B) may, in addition to other authority under applicable law—
(i) deobligate grant funds awarded to an eligible entity that—
(I) violates paragraph (2); or
(II) demonstrates an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary; and
(ii) award grant funds that are deobligated under clause (i) to new or existing applicants consistent with this section; and
(C) shall create and maintain a fully searchable database, accessible on the internet at no cost to the public, that contains information sufficient to allow the public to understand and monitor grants and subgrants awarded under the Program.
(h) Broadband network deployment (1) Order of awards; priority (A) In general An eligible entity, in awarding subgrants for the deployment of a broadband network using grant funds received under this section, as authorized under subsection (f)(1)—
(i) shall award funding in a manner that—
(I) prioritizes unserved service projects;
(II) after certifying to the Assistant Secretary that the eligible entity will ensure coverage of broadband service to all unserved locations within the eligible entity, prioritizes underserved service projects; and
(III) after prioritizing underserved service projects, provides funding to connect eligible community anchor institutions;
(ii) in providing funding under subclauses (I), (II), and (III) of clause (i), shall prioritize funding for deployment of broadband infrastructure for priority broadband projects;
(iii) may not exclude cooperatives, nonprofit organizations, public-private partnerships, private companies, public or private utilities, public utility districts, or local governments from eligibility for such grant funds; and
(iv) shall give priority to projects based on—
(I) deployment of a broadband network to persistent poverty counties or high-poverty areas;
(II) the speeds of the proposed broadband service;
(III) the expediency with which a project can be completed; and
(IV) a demonstrated record of and plans to be in compliance with Federal labor and employment laws.
(B) Authority of Assistant Secretary The Assistant Secretary may provide additional guidance on the prioritization of subgrants awarded for the deployment of a broadband network using grant funds received under this section.
(2) Challenge process (A) In general After submitting an initial proposal under subsection (e)(3) and before allocating grant funds received under this section for the deployment of broadband networks, an eligible entity shall ensure a transparent, evidence-based, and expeditious challenge process under which a unit of local government, nonprofit organization, or other broadband service provider can challenge a determination made by the eligible entity in the initial proposal as to whether a particular location or community anchor institution within the jurisdiction of the eligible entity is eligible for the grant funds, including whether a particular location is unserved or underserved.
(B) Final identification; notification of funding eligibility After resolving each challenge under subparagraph (A), and not later than 60 days before allocating grant funds received under this section for the deployment of broadband networks, an eligible entity shall provide public notice of the final classification of each unserved location, underserved location, or eligible community anchor institution within the jurisdiction of the eligible entity.
(C) Consultation with NTIA An eligible entity shall notify the Assistant Secretary of any modification to the initial proposal of the eligible entity submitted under subsection (e)(3) that is necessitated by a successful challenge under subparagraph (A) of this paragraph.
(D) NTIA authority The Assistant Secretary—
(i) may modify the challenge process required under subparagraph (A) as necessary; and
(ii) may reverse the determination of an eligible entity with respect to the eligibility of a particular location or community anchor institution for grant funds under this section.
(E) Expediting broadband data collection activities (i) , (ii) Omitted
(iii) Implementation The Commission shall implement the amendments made by this subparagraph as soon as possible after November 15, 2021.
(3) Non-Federal share of broadband infrastructure deployment costs (A) In general (i) Matching requirement In allocating grant funds received under this section for deployment of broadband networks, an eligible entity shall provide, or require a subgrantee to provide, a contribution, derived from non-Federal funds (or funds from a Federal regional commission or authority), except in high-cost areas or as otherwise provided by this Act, of not less than 25 percent of project costs.
(ii) Waiver Upon request by an eligible entity or a subgrantee, the Assistant Secretary may reduce or waive the required matching contribution under clause (i).
(B) Source of match A matching contribution under subparagraph (A)—
(i) may be provided by an eligible entity, a unit of local government, a utility company, a cooperative, a nonprofit organization, a for-profit company, regional planning or governmental organization, a Federal regional commission or authority, or any combination thereof;
(ii) may include in-kind contributions; and
(iii) may include funds that were provided to an eligible entity or a subgrantee—
(I) under—
(aa) the Families First Coronavirus Response Act (Public Law 116127; 134 Stat. 178);
(bb) the CARES Act (Public Law 116136; 134 Stat. 281);
(cc) the Consolidated Appropriations Act, 2021 (Public Law 116260; 134 Stat. 1182);
(dd) the American Rescue Plan Act of 2021 (Public Law 1172; 135 Stat. 4); or
(ee) any amendment made by an Act described in any of items (aa) through (dd); and
(II) for the purpose of deployment of broadband service, as described in the applicable provision of law described in subclause (I).
(C) Definition For purposes of this paragraph, the term “Federal regional commission or authority” means—
(i) the Appalachian Regional Commission;
(ii) the Delta Regional Authority;
(iii) the Denali Commission; and
(iv) the Northern Border Regional Commission.
(4) Deployment and provision of service requirements An entity that receives a subgrant under subsection (f)(1) for the deployment of a broadband network—
(A) in providing broadband service using the network—
(i) shall provide broadband service—
(I) at a speed of not less than 100 megabits per second for downloads and 20 megabits per second for uploads;
(II) with a latency that is sufficiently low to allow reasonably foreseeable, real-time, interactive applications; and
(III) with network outages that do not exceed, on average, 48 hours over any 365-day period; and
(ii) shall provide access to broadband service to each customer served by the project that desires broadband service;
(B) shall offer not less than 1 low-cost broadband service option for eligible subscribers, as those terms are defined in paragraph (5) of this subsection;
(C) shall deploy the broadband network and begin providing broadband service to each customer that desires broadband service not later than 4 years after the date on which the entity receives the subgrant, except that an eligible entity may extend the deadline under this subparagraph if—
(i) the eligible entity has a plan for use of the grant funds;
(ii) the construction project is underway; or
(iii) extenuating circumstances require an extension of time to allow the project to be completed;
(D) for any project that involves laying fiber optic cables or conduit underground or along a roadway, shall include interspersed conduit access points at regular and short intervals;
(E) may use the subgrant to deploy broadband infrastructure in or through any area required to reach interconnection points or otherwise to ensure the technical feasibility and financial sustainability of a project providing broadband service to an unserved location, underserved location, or eligible community anchor institution;
(F) once the network has been deployed, shall provide public notice, online and through other means, of that fact to the locations and areas to which broadband service has been provided and share the public notice with the eligible entity that awarded the subgrant;
(G) shall carry out public awareness campaigns in service areas that are designed to highlight the value and benefits of broadband service in order to increase the adoption of broadband service by consumers; and
(H) if the entity is no longer able to provide broadband service to the locations covered by the subgrant at any time, shall sell the network capacity at a reasonable, wholesale rate on a nondiscriminatory basis to other broadband service providers or public sector entities.
(5) Low-cost broadband service option (A) Definitions In this paragraph—
(i) the term “eligible subscriber” shall have the meaning given the term by the Assistant Secretary for purposes of this paragraph; and
(ii) the term “low-cost broadband service option” shall be defined by an eligible entity for subgrantees of the eligible entity in accordance with subparagraph (B).
(B) Defining “low-cost broadband service option” (i) Proposal An eligible entity shall submit to the Assistant Secretary for approval, in the final proposal of the eligible entity submitted under subsection (e)(4), a proposed definition of “low-cost broadband service option” that shall apply to subgrantees of the eligible entity for purposes of the requirement under paragraph (4)(B) of this subsection.
(ii) Consultation An eligible entity shall consult with the Assistant Secretary and prospective subgrantees regarding a proposed definition of “low-cost broadband service option” before submitting the proposed definition to the Assistant Secretary under clause (i).
(iii) Approval of Assistant Secretary (I) In general A proposed definition of “low-cost broadband service option” submitted by an eligible entity under clause (i) shall not take effect until the Assistant Secretary approves the final proposal of the eligible entity submitted under subsection (e)(4), including approval of the proposed definition of “low-cost broadband service option”.
(II) Resubmission If the Assistant Secretary does not approve a proposed definition of “low-cost broadband service option” submitted by an eligible entity under clause (i), the Assistant Secretary shall—
(aa) notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal, as provided in subsection (e)(4), with an improved definition of “low-cost broadband service option”; and
(bb) provide the eligible entity with instructions on how to cure the defects in the proposed definition.
(iv) Public disclosure After the Assistant Secretary approves the final proposal of an eligible entity under subsection (e)(4), and before the Assistant Secretary disburses any funds to the eligible entity based on that approval, the Assistant Secretary shall publicly disclose the eligible entitys definition of “low-cost broadband service option”.
(C) Nonperformance The Assistant Secretary shall develop procedures under which the Assistant Secretary or an eligible entity may—
(i) evaluate the compliance of a subgrantee with the requirement under paragraph (4)(B); and
(ii) take corrective action, including recoupment of funds from the subgrantee, for noncompliance with the requirement under paragraph (4)(B).
(D) No regulation of rates permitted Nothing in this subchapter may be construed to authorize the Assistant Secretary or the National Telecommunications and Information Administration to regulate the rates charged for broadband service.
(E) Guidance The Assistant Secretary may issue guidance to eligible entities to carry out the purposes of this paragraph.
(6) Return of funds An entity that receives a subgrant from an eligible entity under subsection (f) and fails to comply with any requirement under this subsection shall return up to the entire amount of the subgrant to the eligible entity, at the discretion of the eligible entity or the Assistant Secretary.
(i) Regulations The Assistant Secretary may issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that those programs, projects, or activities are completed in a timely and effective manner.
(j) Reporting (1) Eligible entities (A) Initial report Not later than 90 days after receiving grant funds under this section, for the sole purposes of providing transparency and providing information to inform future Federal broadband planning, an eligible entity shall submit to the Assistant Secretary a report that—
(i) describes the planned and actual use of funds;
(ii) describes the planned and actual process of subgranting;
(iii) identifies the establishment of appropriate mechanisms by the eligible entity to ensure that all subgrantees of the eligible entity comply with the eligible uses prescribed under subsection (f); and
(iv) includes any other information required by the Assistant Secretary.
(B) Semiannual report Not later than 1 year after receiving grant funds under this section, and semiannually thereafter until the funds have been expended, an eligible entity shall submit to the Assistant Secretary a report, with respect to the 6-month period immediately preceding the report date, that—
(i) describes how the eligible entity expended the grant funds;
(ii) describes each service provided with the grant funds;
(iii) describes the number of locations at which broadband service was made available using the grant funds, and the number of those locations at which broadband service was utilized; and
(iv) certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary.
(C) Final report Not later than 1 year after an eligible entity has expended all grant funds received under this section, the eligible entity shall submit to the Assistant Secretary a report that—
(i) describes how the eligible entity expended the funds;
(ii) describes each service provided with the grant funds;
(iii) describes the number of locations at which broadband service was made available using the grant funds, and the number of those locations at which broadband service was utilized;
(iv) includes each report that the eligible entity received from a subgrantee under paragraph (2); and
(v) certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary.
(D) Provision to FCC and USDA Subject to section 904(b)(2) of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116260) [47 U.S.C. 1308(b)(2)] (relating to an interagency agreement), the Assistant Secretary shall coordinate with the Commission and the Department of Agriculture, including providing the final reports received under subparagraph (C) to the Commission and the Department of Agriculture to be used when determining whether to award funds for the deployment of broadband under any program administered by those agencies.
(E) Federal agency reporting requirement (i) Definitions In this subparagraph, the terms “agency” and “Federal broadband support program” have the meanings given those terms in section 903 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116260) [47 U.S.C. 1307] (also known as the “ACCESS BROADBAND Act”).
(ii) Requirement An agency that offers a Federal broadband support program shall provide data to the Assistant Secretary, in a manner and format prescribed by the Assistant Secretary, to promote coordination of efforts to track construction and use of broadband infrastructure.
(2) Subgrantees (A) Semiannual report The recipient of a subgrant from an eligible entity under this section shall submit to the eligible entity a semiannual report for the duration of the subgrant to track the effectiveness of the use of funds provided.
(B) Contents Each report submitted under subparagraph (A) shall—
(i) describe each type of project carried out using the subgrant and the duration of the subgrant;
(ii) in the case of a broadband infrastructure project—
(I) include a list of addresses or locations that constitute the service locations that will be served by the broadband infrastructure to be constructed;
(II) identify whether each address or location described in subclause (I) is residential, commercial, or a community anchor institution;
(III) describe the types of facilities that have been constructed and installed;
(IV) describe the peak and off-peak actual speeds of the broadband service being offered;
(V) describe the maximum advertised speed of the broadband service being offered;
(VI) describe the non-promotional prices, including any associated fees, charged for different tiers of broadband service being offered;
(VII) include any other data that would be required to comply with the data and mapping collection standards of the Commission under section 1.7004 of title 47, Code of Federal Regulations, or any successor regulation, for broadband infrastructure projects; and
(VIII) comply with any other reasonable reporting requirements determined by the eligible entity or the Assistant Secretary; and
(iii) certify that the information in the report is accurate.
(3) Standardization and coordination The Assistant Secretary and the Commission shall collaborate to—
(A) standardize and coordinate reporting of locations at which broadband service was provided using grant funds received under this section in accordance with title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.); and
(B) provide a standardized methodology to recipients of grants and subgrantees under this section for reporting the information described in subparagraph (A).
(4) Information on broadband subsidies and low-income plans (A) Establishment of website Not later than 2 years after November 15, 2021, the Assistant Secretary, in consultation with the Commission, shall establish a publicly available website that—
(i) allows a consumer to determine, based on financial information entered by the consumer, whether the consumer is eligible—
(I) to receive a Federal or State subsidy with respect to broadband service; or
(II) for a low-income plan with respect to broadband service; and
(ii) contains information regarding how to apply for the applicable benefit described in clause (i).
(B) Provision of data A Federal entity, State entity receiving Federal funds, or provider of broadband service that offers a subsidy or low-income plan, as applicable, with respect to broadband service shall provide data to the Assistant Secretary in a manner and format as established by the Assistant Secretary as necessary for the Assistant Secretary to carry out subparagraph (A).
(k) Relation to other public funding Notwithstanding any other provision of law—
(1) an entity that has received amounts from the Federal Government or a State or local government for the purpose of expanding access to broadband service may receive a subgrant under subsection (f) in accordance with this section; and
(2) the receipt of a subgrant under subsection (f) by an entity described in paragraph (1) of this subsection shall not affect the eligibility of the entity to receive the amounts from the Federal Government or a State or local government described in that paragraph.
(l) Supplement not supplant Grant funds awarded to an eligible entity under this section shall be used to supplement, and not supplant, the amounts that the eligible entity would otherwise make available for the purposes for which the grant funds may be used.
(m) Sense of Congress regarding Federal agency coordination It is the sense of Congress that Federal agencies responsible for supporting broadband deployment, including the Commission, the Department of Commerce, and the Department of Agriculture, to the extent possible, should align the goals, application and reporting processes, and project requirements with respect to broadband deployment supported by those agencies.
(n) Judicial review (1) In general The United States District Court for the District of Columbia shall have exclusive jurisdiction to review a decision of the Assistant Secretary made under this section.
(2) Standard of review In carrying out any review described in paragraph (1), the court shall affirm the decision of the Assistant Secretary unless—
(A) the decision was procured by corruption, fraud, or undue means;
(B) there was actual partiality or corruption in the Assistant Secretary; or
(C) the Assistant Secretary was guilty of—
(i) misconduct in refusing to review the administrative record; or
(ii) any other misbehavior by which the rights of any party have been prejudiced.
(o) Exemption from certain laws Any action taken or decision made by the Assistant Secretary under this section shall be exempt from the requirements of—
(1) section 3506 of title 44 (commonly referred to as the “Paperwork Reduction Act”);
(2) chapter 5 or 7 of title 5 (commonly referred to as the “Administrative Procedures Act”); and
(3) chapter 6 of title 5 (commonly referred to as the “Regulatory Flexibility Act”).
(Pub. L. 11758, div. F, title I, § 60102, Nov. 15, 2021, 135 Stat. 1182.)
## Notes
Editorial Notes
References in TextThe American Rescue Plan Act of 2021, referred to in subsecs. (e)(1)(B)(ii)(I)(aa)(DD), (h)(3)(B)(iii)(I)(dd), is Pub. L. 1172, Mar. 11, 2021, 135 Stat. 4. For complete classification of this Act to the Code, see Short Title of 2021 Amendment note set out under section 9001 of Title 15, Commerce and Trade, and Tables. This Act, referred to in subsecs. (e)(3)(D)(ii)(I)(cc), (E)(ii)(I)(cc), (4)(D)(ii)(I)(cc), (E)(ii)(I)(cc), and (h)(3)(A)(i), means div. F of Pub. L. 11758, Nov. 15, 2021, 135 Stat. 1182, see Definitions note set out below. For complete classification of this Act to the Code, see Tables. For the amendments made by this subparagraph, referred to in subsec. (h)(2)(E)(iii), see Codification note below. The Families First Coronavirus Response Act, referred to in subsec. (h)(3)(B)(iii)(I)(aa), is Pub. L. 116127, Mar. 18, 2020, 134 Stat. 178. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29, Labor, and Tables. The CARES Act, referred to in subsec. (h)(3)(B)(iii)(I)(bb), also known as the Coronavirus Aid, Relief, and Economic Security Act, is Pub. L. 116136, Mar. 27, 2020, 134 Stat. 281, which enacted chapter 116 (§ 9001 et seq.) of Title 15, Commerce and Trade, and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 9001 of Title 15 and Tables. The Consolidated Appropriations Act, 2021, referred to in subsec. (h)(3)(B)(iii)(I)(cc), is Pub. L. 116260, Dec. 27, 2020, 134 Stat. 1182. For complete classification of this Act to the Code, see Tables. This subchapter, referred to in subsec. (h)(5)(D), was in the original “this title”, meaning title I of div. F of Pub. L. 11758, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables. The Communications Act of 1934, referred to in subsec. (j)(3)(A), is act June 19, 1934, ch. 652, 48 Stat. 1064. Title VIII of the Act is classified generally to subchapter VII (§ 641 et seq.) of chapter 5 of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Codification Section is comprised of section 60102 of Pub. L. 11758. Subsec. (h)(2)(E)(i) and (ii) of section 60102 of Pub. L. 11758 amended sections 642 and 646 of this title, respectively.
Statutory Notes and Related Subsidiaries
Definition of “This Act” For definition of “this Act” as used in this section, see section 2 of Pub. L. 11758, set out as a note under section 1 of Title 1, General Provisions.
@@ -0,0 +1,55 @@
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# 47 U.S.C. § 1703 - Broadband DATA maps
## Text
(a) Definition In this section, the term “Commission” means the Federal Communications Commission.
(b) Provision of information A broadband provider shall provide the Commission with any information, in the format, type, or specification requested by the Commission, necessary to augment the collection of data by the Commission under—
(1) title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.); or
(2) the Form 477 data collection program.
(c) Notice of initial broadband DATA collection filing deadline The Commission—
(1) shall provide notice to broadband providers not later than 60 days before the initial deadline for submission of data under section 802(a)(1)(A) of the Communications Act of 1934 (47 U.S.C. 642(a)(1)(A)); and
(2) notwithstanding any prior decision of the Commission to the contrary, shall not be required to provide notice not later than 6 months before the initial deadline described in paragraph (1).
(Pub. L. 11758, div. F, title I, § 60103, Nov. 15, 2021, 135 Stat. 1205.)
## Notes
Editorial Notes
References in TextThe Communications Act of 1934, referred to in subsec. (b)(1), is act June 19, 1934, ch. 652, 48 Stat. 1064. Title VIII of the Act is classified generally to subchapter VII (§ 641 et seq.) of chapter 5 of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Codification Section is comprised of section 60103 of Pub. L. 11758. Subsecs. (d) and (e) of section 60103 of Pub. L. 11758 amended section 642 of this title.
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# 47 U.S.C. § 1704 - Broadband Deployment Locations Map
## Text
(a) Definitions In this section:
(1) Broadband infrastructure The term “broadband infrastructure” means any cables, fiber optics, wiring, or other permanent (integral to the structure) infrastructure, including wireless infrastructure, that—
(A) is capable of providing access to internet connections in individual locations; and
(B) is an advanced telecommunications capability, as defined in section 1302(d) of this title.
(2) Commission The term “Commission” means the Federal Communications Commission.
(3) Deployment Locations Map The term “Deployment Locations Map” means the mapping tool required to be established under subsection (b).
(b) Establishment of Deployment Locations Map Not later than 18 months after November 15, 2021, the Commission shall, in consultation with all relevant Federal agencies, establish an online mapping tool to provide a locations overview of the overall geographic footprint of each broadband infrastructure deployment project funded by the Federal Government.
(c) Requirements The Deployment Locations Map shall be—
(1) the centralized, authoritative source of information on funding made available by the Federal Government for broadband infrastructure deployment in the United States; and
(2) made publicly available on the website of the Commission.
(d) Functions In establishing the Deployment Locations Map, the Commission shall ensure that the Deployment Locations Map—
(1) compiles data related to Federal funding for broadband infrastructure deployment provided by the Commission, the National Telecommunications and Information Administration, the Department of Agriculture, the Department of Health and Human Services, the Department of the Treasury, the Department of Housing and Urban Development, the Institute of Museum and Library Sciences, and any other Federal agency that provides such data relating to broadband infrastructure deployment funding to the Commission, including funding under—
(A) this Act;
(B) the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116136);
(C) the Consolidated Appropriations Act, 2021 (Public Law 116260);
(D) American Rescue Plan Act of 2021 (Public Law 1172); or
(E) any Federal amounts appropriated or any Federal program authorized after November 15, 2021, to fund broadband infrastructure deployment;
(2) contains data, with respect to each broadband infrastructure deployment program, relating to—
(A) the Federal agency of jurisdiction;
(B) the program title; and
(C) the network type, including wired, terrestrial fixed, wireless, mobile, and satellite broadband infrastructure deployment;
(3) allows users to manipulate the Deployment Locations Map to identify, search, and filter broadband infrastructure deployment projects by—
(A) company name;
(B) duration timeline, including the dates of a projects beginning and ending, or anticipated beginning or ending date;
(C) total number of locations to which a project makes service available; and
(D) relevant download and upload speeds; and
(4) incorporates broadband service availability data as depicted in the Broadband Map created under section 642(c)(1) of this title.
(e) Periodic updates (1) In general The Commission shall, in consultation with relevant Federal agencies, ensure the Deployment Locations Map is maintained and up to date on a periodic basis, but not less frequently than once every 180 days.
(2) Other Federal agencies Each Federal agency providing funding for broadband infrastructure deployment shall report relevant data to the Commission on a periodic basis.
(f) No effect on programmatic missions Nothing in this section shall be construed to affect the programmatic missions of Federal agencies providing funding for broadband infrastructure development.
(g) Nonduplication The requirements in this section shall be consistent with and avoid duplication with the provisions of section 903 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116260) [47 U.S.C. 1307].
(h) Funding Of the amounts appropriated to carry out this division under this Act, $10,000,000 shall be made available to carry out this section.
(Pub. L. 11758, div. F, title I, § 60105, Nov. 15, 2021, 135 Stat. 1206.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsecs. (d)(1)(A) and (h), means div. F of Pub. L. 11758, Nov. 15, 2021, 135 Stat. 1182, see Definitions note set out below. For complete classification of this Act to the Code, see Tables. The Coronavirus Aid, Relief, and Economic Security Act, referred to in subsec. (d)(1)(B), also known as the CARES Act, is Pub. L. 116136, Mar. 27, 2020, 134 Stat. 281, which enacted chapter 116 (§ 9001 et seq.) of Title 15, Commerce and Trade, and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 9001 of Title 15 and Tables. The Consolidated Appropriations Act, 2021, referred to in subsec. (d)(1)(C), is Pub. L. 116260, Dec. 27, 2020, 134 Stat. 1182. For complete classification of this Act to the Code, see Tables. The American Rescue Plan Act of 2021, referred to in subsec. (d)(1)(D), is Pub. L. 1172, Mar. 11, 2021, 135 Stat. 4. For complete classification of this Act to the Code, see Short Title of 2021 Amendment note set out under section 9001 of Title 15, Commerce and Trade, and Tables.
Statutory Notes and Related Subsidiaries
Definitions For definition of “this Act” as used in this section, see section 2 of Pub. L. 11758, set out as a note under section 1 of Title 1, General Provisions.
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# 47 U.S.C. § 1705 - Grants for broadband connectivity
## Text
(a) Definitions In this section:
(1) Assistant Secretary The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
(2) Broadband or broadband service.— The term “broadband” or “broadband service” has the meaning given the term “broadband internet access service” in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(3) Commission The term “Commission” means the Federal Communications Commission.
(4) Covered broadband project The term “covered broadband project” means a competitively and technologically neutral project for the deployment of fixed broadband service that provides qualifying broadband service in an eligible service area.
(5) Covered partnership The term “covered partnership” means a partnership between—
(A) a State, or 1 or more political subdivisions of a State; and
(B) a provider of fixed broadband service.
(6) Department The term “Department” means the Department of Commerce.
(7) Eligible service area The term “eligible service area” means a census block in which broadband service is not available at 1 or more households or businesses in the census block, as determined by the Assistant Secretary on the basis of—
(A) the maps created under section 802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)); or
(B) if the maps described in subparagraph (A) are not available, the most recent information available to the Assistant Secretary, including information provided by the Commission.
(8) Eligible entity The term “eligible entity” means—
(A) a Tribal Government;
(B) a Tribal College or University;
(C) the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs;
(D) a Tribal organization; or
(E) a Native Corporation.
(9) Native Corporation The term “Native Corporation” has the meaning given the term in section 1602 of title 43.
(10) Native Hawaiian The term “Native Hawaiian” has the meaning given the term in section 4221 of title 25.
(11) Qualifying broadband service The term “qualifying broadband service” means broadband service with—
(A) a download speed of not less than 25 megabits per second;
(B) an upload speed of not less than 3 megabits per second; and
(C) a latency sufficient to support real-time, interactive applications.
(12) Tribal Government The term “Tribal Government” means the governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually recognized (including parenthetically) in the list published most recently as of December 27, 2020, pursuant to section 5131 of title 25.
(13) Tribal land The term “Tribal land” means—
(A) any land located within the boundaries of—
(i) an Indian reservation, pueblo, or rancheria; or
(ii) a former reservation within Oklahoma;
(B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
(i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian;
(ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
(iii) by a dependent Indian community;
(C) any land located within a region established pursuant to section 1606(a) of title 43;
(D) Hawaiian Home Lands, as defined in section 4221 of title 25; or
(E) those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians.
(14) Unserved The term “unserved”, with respect to a household, means—
(A) the household lacks access to qualifying broadband service; and
(B) no broadband provider has been selected to receive, or is otherwise receiving, Federal or State funding subject to enforceable build out commitments to deploy qualifying broadband service in the specific area where the household is located by dates certain, even if such service is not yet available, provided that the Federal or State agency providing the funding has not deemed the service provider to be in default of its buildout obligations under the applicable Federal or State program.
(b) Direct appropriation There is appropriated to the Assistant Secretary, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, to remain available until expended—
(1) $1,000,000,000 for grants under subsection (c); and
(2) $300,000,000 for grants under subsection (d).
(c) Tribal Broadband Connectivity Program (1) Tribal broadband connectivity grants The Assistant Secretary shall use the funds made available under subsection (b)(1) to implement a program to make grants to eligible entities to expand access to and adoption of—
(A) broadband service on Tribal land; or
(B) remote learning, telework, or telehealth resources.
(2) Grants From the amounts appropriated under subsection (b)(1), the Assistant Secretary shall award a grant to each eligible entity that submits an application that the Assistant Secretary approves after consultation with the Commission to prevent duplication of funding.
(3) Allocations (A) Equitable distribution The amounts appropriated under subsection (b)(1) shall be made available to eligible entities on an equitable basis, and not less than 3 percent of those amounts shall be made available for the benefit of Native Hawaiians.
(B) Administrative expenses of Assistant Secretary The Assistant Secretary may use not more than 2 percent of amounts appropriated under subsection (b)(1) for administrative purposes, including the provision of technical assistance to Tribal Governments to help those Governments take advantage of the program established under this subsection.
(4) Use of grant funds (A) Commitment deadline (i) In general Not later than 18 months after receiving an allocation of funds pursuant to a specific grant award under this subsection, an eligible entity shall commit the funds in accordance with the approved application of the entity.
(ii) Reversion of funds Any grant funds not committed by an eligible entity by the deadline under clause (i) shall be made available to other eligible entities for the purposes provided in this subsection.
(B) Expenditure deadline (i) In general Not later than 4 years after receiving an allocation of funds pursuant to a specific grant award under this subsection, an eligible entity shall expend the grant funds.
(ii) Extensions for infrastructure projects The Assistant Secretary may extend the period under clause (i) for an eligible entity that proposes to use the grant funds for construction of broadband infrastructure if the eligible entity certifies that—
(I) the eligible entity has a plan for use of the grant funds;
(II) the construction project is underway; or
(III) extenuating circumstances require an extension of time to allow the project to be completed.
(iii) Extensions for other projects The Assistant Secretary may, for good cause shown, extend the period under clause (i) for an eligible entity that proposes to use the grant funds for an eligible use other than construction of broadband infrastructure, based on a detailed showing by the eligible entity of the need for an extension.
(iv) Reversion of funds Any grant funds not expended by an eligible entity by the deadline under clause (i) shall be made available to other eligible entities for the purposes provided in this subsection.
(C) Multiple grant awards If the Assistant Secretary awards multiple grants to an eligible entity under this subsection, the deadlines under subparagraphs (A) and (B) shall apply individually to each grant award.
(5) Eligible uses An eligible entity may use grant funds made available under this subsection for—
(A) broadband infrastructure deployment, including support for the establishment of carrier-neutral submarine cable landing stations;
(B) affordable broadband programs, including—
(i) providing free or reduced-cost broadband service; and
(ii) preventing disconnection of existing broadband service;
(C) distance learning;
(D) telehealth;
(E) digital inclusion efforts; and
(F) broadband adoption activities.
(6) Administrative expenses of eligible entities (A) In general Except as provided in subparagraph (B), an eligible entity may use not more than 2 percent of grant funds received under this subsection for administrative purposes.
(B) Broadband infrastructure projects An eligible entity that proposes to use grant funds for the construction of broadband infrastructure may use an amount of the grant funds equal to not more than 2.5 percent of the total project cost for planning, feasibility, and sustainability studies related to the project.
(7) Subgrantees (A) In general An eligible entity may enter into a contract with a subgrantee, including a non-Tribal entity, as part of its use of grant funds pursuant to this subsection.
(B) Requirements An eligible entity that enters into a contract with a subgrantee for use of grant funds received under this subsection shall—
(i) before entering into the contract, after a reasonable investigation, make a determination that the subgrantee—
(I) is capable of carrying out the project for which grant funds will be provided in a competent manner in compliance with all applicable laws;
(II) has the financial capacity to meet the obligations of the project and the requirements of this subsection; and
(III) has the technical and operational capability to carry out the project; and
(ii) stipulate in the contract reasonable provisions for recovery of funds for nonperformance.
(8) Broadband infrastructure deployment In using grant funds received under this subsection for new construction of broadband infrastructure, an eligible entity shall prioritize projects that deploy broadband infrastructure to unserved households.
(d) Broadband infrastructure program (1) Broadband infrastructure deployment grants The Assistant Secretary shall use the funds made available under subsection (b)(2) to implement a program under which the Assistant Secretary makes grants on a competitive basis to covered partnerships for covered broadband projects.
(2) Mapping (A) Data from commission Not less frequently than annually, the Commission shall, through the process established under section 802(b)(7)) 11 So in original. The second closing parenthesis probably should not appear. of the Communications Act of 1934 (47 U.S.C. 642(b)(7)), provide the Assistant Secretary any data collected by the Commission pursuant to title VIII of that Act (47 U.S.C. 641 et seq.).
(B) Use by Assistant Secretary The Assistant Secretary shall rely on the data provided under subparagraph (A) in carrying out this subsection to the greatest extent practicable.
(3) Eligibility requirements To be eligible for a grant under this subsection, a covered partnership shall submit an application at such time, in such manner, and containing such information as the Assistant Secretary may require, which application shall, at a minimum, include a description of—
(A) the covered partnership;
(B) the covered broadband project to be funded by the grant, including—
(i) the speed or speeds at which the covered partnership plans to offer broadband service; and
(ii) the cost of the project;
(C) the area to be served by the covered broadband project (in this paragraph referred to as the “proposed service area”);
(D) any support provided to the provider of broadband service that is part of the covered partnership through—
(i) any grant, loan, or loan guarantee provided by a State to the provider of broadband service for the deployment of broadband service in the proposed service area;
(ii) any grant, loan, or loan guarantee with respect to the proposed service area provided by the Secretary of Agriculture—
(I) under title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.), including—
(aa) any program to provide grants, loans, or loan guarantees under sections 601 through 603 of that Act (7 U.S.C. 950bb et seq.); and
(bb) the Community Connect Grant Program established under section 604 of that Act (7 U.S.C. 950bb3); or
(II) the broadband loan and grant pilot program known as the “Rural eConnectivity Pilot Program” or the “ReConnect Program” authorized under section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115141; 132 Stat. 348);
(iii) any high-cost universal service support provided under section 254 of the Communications Act of 1934 (47 U.S.C. 254);
(iv) any grant provided under section 1305 of this title;
(v) amounts made available for the Education Stabilization Fund under the heading “DEPARTMENT OF EDUCATION” in title VIII of division B of the CARES Act (Public Law 116136; 134 Stat. 564); or
(vi) any other grant, loan, or loan guarantee provided by the Federal Government for the provision of broadband service.
(4) Priority In awarding grants under this subsection, the Assistant Secretary shall give priority to applications for covered broadband projects as follows, in decreasing order of priority:
(A) Covered broadband projects designed to provide broadband service to the greatest number of households in an eligible service area.
(B) Covered broadband projects designed to provide broadband service in an eligible service area that is wholly within any area other than—
(i) a county, city, or town that has a population of more than 50,000 inhabitants; and
(ii) the urbanized area contiguous and adjacent to a city or town described in clause (i).
(C) Covered broadband projects that are the most cost-effective, prioritizing such projects in areas that are the most rural.
(D) Covered broadband projects designed to provide broadband service with a download speed of not less than 100 megabits per second and an upload speed of not less than 20 megabits per second.
(E) Any other covered broadband project that meets the requirements of this subsection.
(5) Expenditure deadline (A) In general Not later than 1 year after receiving grant funds under this subsection, a covered partnership shall expend the grant funds.
(B) Extensions The Assistant Secretary may extend the period under subparagraph (A) for a covered partnership that proposes to use the grant funds for construction of broadband infrastructure if the covered partnership certifies that—
(i) the covered partnership has a plan for use of the grant funds;
(ii) the construction project is underway; or
(iii) extenuating circumstances require an extension of time to allow the project to be completed.
(C) Reversion of funds Any grant funds not expended by an covered partnership by the deadline under subparagraph (A) shall be made available to other covered partnerships for the purposes provided in this subsection.
(6) Grant conditions (A) Prohibitions As a condition of receiving a grant under this subsection, the Assistant Secretary shall prohibit a provider of broadband service that is part of a covered partnership receiving the grant—
(i) from using the grant amounts to repay, or make any other payment relating to, a loan made by any public or private lender;
(ii) from using grant amounts as collateral for a loan made by any public or private lender; and
(iii) from using more than $50,000 of the grant amounts to pay for the preparation of the grant.
(B) Nondiscrimination The Assistant Secretary may not require a provider of broadband service that is part of a covered partnership to be designated as an eligible telecommunications carrier pursuant to section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)) to be eligible to receive a grant under this subsection or as a condition of receiving a grant under this subsection.
(e) Implementation (1) Requirements; outreach Not earlier than 30 days, and not later than 60 days, after December 27, 2020, the Assistant Secretary shall—
(A) issue a notice inviting eligible entities and covered partnerships to submit applications for grants under this section, which shall contain details about how awarding decisions will be made; and
(B) outline—
(i) the requirements for applications for grants under this section; and
(ii) the allowed uses of grant funds awarded under this section.
(2) Applications (A) Submission During the 90-day period beginning on the date on which the Assistant Secretary issues the notice under paragraph (1), an eligible entity or covered partnership may submit an application for a grant under this section.
(B) Processing (i) In general Not later than 90 days after receiving an application under subparagraph (A), the Assistant Secretary shall approve or deny the application.
(ii) Denial The Assistant Secretary may deny an application submitted under subparagraph (A) only if—
(I) the Assistant Secretary provides the applicant an opportunity to cure any defects in the application; and
(II) after receiving the opportunity under subclause (I), the applicant still fails to meet the requirements of this section.
(C) Single application An eligible entity or covered partnership may submit only 1 application under this paragraph.
(D) Proposed use of funds An application submitted by an eligible entity or a covered partnership under this paragraph shall describe each proposed use of grant funds.
(E) Allocation of funds Not later than 14 days after approving an application for a grant under this paragraph, the Assistant Secretary shall allocate the grant funds to the eligible entity or covered partnership.
(F) Treatment of unallocated funds (i) In general If an eligible entity or covered partnership does not submit an application by the deadline under subparagraph (A), or the Assistant Secretary does not approve an application submitted by an eligible entity or a covered partnership under that subparagraph, the Assistant Secretary shall make the amounts allocated for, as applicable—
(I) the eligible entity under subsection (c) available to other eligible entities on an equitable basis; or
(II) the covered partnership under subsection (d) to other covered partnerships.
(ii) Second process The Assistant Secretary shall initiate a second notice and application process described in this subsection to reallocate any funds made available to other eligible entities or covered partnerships under clause (i).
(3) Transparency, accountability, and oversight required In implementing this section, the Assistant Secretary shall adopt measures, including audit requirements, to—
(A) ensure sufficient transparency, accountability, and oversight to provide the public with information regarding the award and use of grant funds under this section;
(B) ensure that a recipient of a grant under this section uses the grant funds in compliance with the requirements of this section and the overall purpose of the applicable grant program under this section; and
(C) deter waste, fraud, and abuse of grant funds.
(4) Prohibition on use for covered communications equipment or services An eligible entity or covered partnership may not use grant funds received under this section to purchase or support any covered communications equipment or service (as defined in section 1608 of this title).
(5) Unauthorized use of funds To the extent that the Assistant Secretary or the Inspector General of the Department determines that an eligible entity or covered partnership has expended grant funds received under this section in violation of this section, the Assistant Secretary shall recover the amount of funds that were so expended.
(6) Additional appropriations for Tribal Broadband Connectivity Program (A) Definition In this paragraph, the term “initial round of funding”—
(i) means the allocation under paragraph (2)(E) of funds appropriated under subsection (b)(1); and
(ii) does not include any reallocation of funds under paragraph (2)(F).
(B) New funding If Congress appropriates additional funds for grants under subsection (c) after the date of enactment of this Act, the Assistant Secretary—
(i) may use a portion of the funds to fully fund any grants under that subsection for which the Assistant Secretary received an application and which the Assistant Secretary did not fully fund during the initial round of funding; and
(ii) shall allocate any remaining funds through subsequent funding rounds consistent with the requirements of this section, except as provided in subparagraph (C) of this paragraph.
(C) Exceptions If Congress appropriates additional funds for grants under subsection (c) after the date of enactment of this Act—
(i) the Assistant Secretary shall not be required to issue an additional notice under paragraph (1) of this subsection, but shall inform eligible entities that additional funding has been made available for grants under subsection (c) and describe the changes made to the Tribal Broadband Connectivity Program under that subsection by section 60201 of the Infrastructure Investment and Jobs Act;
(ii) the requirement under paragraph (2)(C) of this subsection shall be applied individually to each round of funding for grants under subsection (c);
(iii) paragraph (2)(A) of this subsection shall be applied by substituting “180-day period beginning on the date on which the Assistant Secretary informs eligible entities that additional funding has been made available for grants under subsection (c)” for “90-day period beginning on the date on which the Assistant Secretary issues the notice under paragraph (1)”; and
(iv) notwithstanding paragraph (2)(F) of this subsection, in the case of funds appropriated under subsection (b)(1) that were not allocated during the initial round of funding, the Assistant Secretary may elect to allocate the funds during any subsequent round of funding for grants under subsection (c).
(f) Reporting (1) Eligible entities and covered partnerships (A) Annual report Not later than 1 year after receiving grant funds under this section, and annually thereafter until the funds have been expended, an eligible entity or covered partnership shall submit to the Assistant Secretary a report, with respect to the 1-year period immediately preceding the report date, that—
(i) describes how the eligible entity or covered partnership expended the funds;
(ii) certifies that the eligible entity or covered partnership complied with the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary, including—
(I) a description of each service provided with the grant funds; and
(II) the number of locations or geographic areas at which broadband service was provided using the grant funds; and
(iii) identifies each subgrantee that received a subgrant from the eligible entity or covered partnership and a description of the specific project for which grant funds were provided.
(B) Provision of information to FCC and USDA The Assistant Secretary shall provide the information collected under subparagraph (A) to the Commission and the Department of Agriculture to be used when determining whether to award funds for the deployment of broadband under any program administered by those agencies.
(C) Transmission of reports to Congress Not later than 5 days after receiving a report from an eligible entity under subparagraph (A), the Assistant Secretary shall transmit the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(2) Inspector General and GAO Not later than 6 months after the date on which the first grant is awarded under this section, and every 6 months thereafter until all of the grant funds awarded under this section are expended, the Inspector General of the Department and the Comptroller General of the United States shall each submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that reviews the grants awarded under this section during the preceding 6-month period. Each such report shall include recommendations to address waste, fraud, and abuse, if any.
(g) Impact on other Federal broadband programs The use of grant funds received under this section by an eligible entity, covered partnership, or subgrantee shall not impact the eligibility of, or otherwise disadvantage, the eligible entity, covered partnership, or subgrantee with respect to participation in any other Federal broadband program.
(Pub. L. 116260, div. N, title IX, § 905, Dec. 27, 2020, 134 Stat. 2136; Pub. L. 11758, div. F, title II, § 60201, Nov. 15, 2021, 135 Stat. 1208.)
## Notes
Editorial Notes
References in TextThe Communications Act of 1934, referred to in subsec. (d)(2)(A), is act June 19, 1934, ch. 652, 48 Stat. 1064. Title VIII of the Act is classified generally to subchapter VII (§ 641 et seq.) of chapter 5 of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. The Rural Electrification Act of 1936, referred to in subsec. (d)(3)(D)(ii)(I), is act May 20, 1936, ch. 432, 49 Stat. 1363. Title VI of the Act is classified generally to subchapter VI (§ 950bb et seq.) of chapter 31 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 901 of Title 7 and Tables. Section 779 of division A of the Consolidated Appropriations Act, 2018, referred to in subsec. (d)(3)(D)(ii)(II), is section 779 of Pub. L. 115141, div. A, title VII, Mar. 23, 2018, 132 Stat. 399, which is not classified to the Code. The date of enactment of this Act, referred to in subsec. (e)(6)(B), (C), probably means the date of enactment of Pub. L. 11758, which enacted subsec. (e)(6) of this section and was approved November 15, 2021. Section 60201 of the Infrastructure Investment and Jobs Act, referred to in subsec. (e)(6)(C)(i), is section 60201 of Pub. L. 11758, which amended this section.
Codification Section was formerly set out as a note under section 1305 of this title.
Amendments2021—Subsec. (c)(1)(B). Pub. L. 11758, § 60201(1)(A), struck out “during the COVID19 pandemic” after “telehealth resources”. Subsec. (c)(4)(A)(i). Pub. L. 11758, § 60201(1)(B)(i)(I), substituted “18 months after receiving an allocation of funds pursuant to a specific grant award” for “180 days after receiving grant funds”. Subsec. (c)(4)(A)(ii). Pub. L. 11758, § 60201(1)(B)(i)(II), substituted “be made available to other eligible entities for the purposes provided in this subsection” for “revert to the general fund of the Treasury”. Subsec. (c)(4)(B)(i). Pub. L. 11758, § 60201(1)(B)(ii)(I), substituted “4 years after receiving an allocation of funds pursuant to a specific grant award” for “1 year after receiving grant funds”. Subsec. (c)(4)(B)(iii), (iv). Pub. L. 11758, § 60201(1)(B)(ii)(II), (III), added cl. (iii) and redesignated former cl. (iii) as (iv). Subsec. (c)(4)(C). Pub. L. 11758, § 60201(1)(B)(iii), added subpar. (C). Subsec. (c)(6). Pub. L. 11758, § 60201(1)(C), added par. (6) and struck out former par. (6). Prior to amendment, text read as follows: “An eligible entity may use not more than 2 percent of grant funds received under this subsection for administrative purposes.” Subsec. (e)(6). Pub. L. 11758, § 60201(2), added par. (6).
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# 47 U.S.C. § 1721 - Definitions
## Text
In this subchapter:
(1) Adoption of broadband The term “adoption of broadband” means the process by which an individual obtains daily access to the internet—
(A) at a speed, quality, and capacity—
(i) that is necessary for the individual to accomplish common tasks; and
(ii) such that the access qualifies as an advanced telecommunications capability;
(B) with the digital skills that are necessary for the individual to participate online; and
(C) on a—
(i) personal device; and
(ii) secure and convenient network.
(2) Advanced telecommunications capability The term “advanced telecommunications capability” has the meaning given the term in section 1302(d) of this title.
(3) Aging individual The term “aging individual” has the meaning given the term “older individual” in section 3002 of title 42.
(4) Appropriate committees of Congress The term “appropriate committees of Congress” means—
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and Transportation of the Senate;
(C) the Committee on Appropriations of the House of Representatives; and
(D) the Committee on Energy and Commerce of the House of Representatives.
(5) Assistant Secretary The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
(6) Community anchor institution The term “community anchor institution” means a public school, a public or multi-family housing authority, a library, a medical or healthcare provider, a community college or other institution of higher education, a State library agency, and any other nonprofit or governmental community support organization.
(7) Covered household The term “covered household” means a household, the income of which for the most recently completed year is not more than 150 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of the Census.
(8) Covered populations The term “covered populations” means—
(A) individuals who live in covered households;
(B) aging individuals;
(C) incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility;
(D) veterans;
(E) individuals with disabilities;
(F) individuals with a language barrier, including individuals who—
(i) are English learners; and
(ii) have low levels of literacy;
(G) individuals who are members of a racial or ethnic minority group; and
(H) individuals who primarily reside in a rural area.
(9) Covered programs The term “covered programs” means the State Digital Equity Capacity Grant Program established under section 1723 of this title and the Digital Equity Competitive Grant Program established under section 1724 of this title.
(10) Digital equity The term “digital equity” means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States.
(11) Digital inclusion The term “digital inclusion”—
(A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as—
(i) reliable fixed and wireless broadband internet service;
(ii) internet-enabled devices that meet the needs of the user; and
(iii) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and
(B) includes—
(i) obtaining access to digital literacy training;
(ii) the provision of quality technical support; and
(iii) obtaining basic awareness of measures to ensure online privacy and cybersecurity.
(12) Digital literacy The term “digital literacy” means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information.
(13) Disability The term “disability” has the meaning given the term in section 12102 of title 42.
(14) Eligible State The term “eligible State” means—
(A) with respect to planning grants made available under section 60304(c)(3), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under section 1723(c)(3)(C) of this title; and
(B) with respect to capacity grants awarded under section 1723(d) of this title, a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under section 1723(d)(2) of this title, including approval of the State Digital Equity Plan developed by the State under section 1723(c) of this title.
(15) Gender identity The term “gender identity” has the meaning given the term in section 249(c) of title 18.
(16) Indian Tribe The term “Indian Tribe” has the meaning given the term in section 5304(e) of title 25.
(17) Institution of higher education The term “institution of higher education”—
(A) has the meaning given the term in section 1001 of title 20; and
(B) includes a postsecondary vocational institution.
(18) Local educational agency The term “local educational agency” has the meaning given the term in section 7801(30) of title 20.
(19) Postsecondary vocational institution The term “postsecondary vocational institution” has the meaning given the term in section 1002(c) of title 20.
(20) Rural area The term “rural area” has the meaning given the term in section 950bb(b)(3) of title 7.
(21) State The term “State” means—
(A) any State of the United States;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(22) Veteran The term “veteran” has the meaning given the term in section 101 of title 38.
(23) Workforce development program The term “workforce development program” has the meaning given the term in section 3102(66) of title 29.
(Pub. L. 11758, div. F, title III, § 60302, Nov. 15, 2021, 135 Stat. 1209.)
## Notes
Statutory Notes and Related Subsidiaries
Short TitleFor short title of this subchapter as the “Digital Equity Act of 2021”, see section 60301 of Pub. L. 11758, set out as a note under section 1701 of this title.
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# 47 U.S.C. § 1722 - Sense of Congress
## Text
It is the sense of Congress that—
(1) a broadband connection and digital literacy are increasingly critical to how individuals—
(A) participate in the society, economy, and civic institutions of the United States; and
(B) access health care and essential services, obtain education, and build careers;
(2) digital exclusion—
(A) carries a high societal and economic cost;
(B) materially harms the opportunity of an individual with respect to the economic success, educational achievement, positive health outcomes, social inclusion, and civic engagement of that individual; and
(C) exacerbates existing wealth and income gaps, especially those experienced by covered populations;
(3) achieving digital equity for all people of the United States requires additional and sustained investment and research efforts;
(4) the Federal Government, as well as State, tribal, territorial, and local governments, have made social, legal, and economic obligations that necessarily extend to how the citizens and residents of those governments access and use the internet; and
(5) achieving digital equity is a matter of social and economic justice and is worth pursuing.
(Pub. L. 11758, div. F, title III, § 60303, Nov. 15, 2021, 135 Stat. 1212.)
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# 47 U.S.C. § 1723 - State Digital Equity Capacity Grant Program
## Text
(a) Establishment; purpose (1) In general The Assistant Secretary shall establish in the Department of Commerce the State Digital Equity Capacity Grant Program (referred to in this section as the “Program”)—
(A) the purpose of which is to promote the achievement of digital equity, support digital inclusion activities, and build capacity for efforts by States relating to the adoption of broadband by residents of those States;
(B) through which the Assistant Secretary shall make grants to States in accordance with the requirements of this section; and
(C) which shall ensure that States have the capacity to promote the achievement of digital equity and support digital inclusion activities.
(2) Consultation with other Federal agencies; no conflict In establishing the Program under paragraph (1), the Assistant Secretary shall—
(A) consult with—
(i) the Secretary of Agriculture;
(ii) the Secretary of Housing and Urban Development;
(iii) the Secretary of Education;
(iv) the Secretary of Labor;
(v) the Secretary of Health and Human Services;
(vi) the Secretary of Veterans Affairs;
(vii) the Secretary of the Interior;
(viii) the Federal Communications Commission;
(ix) the Federal Trade Commission;
(x) the Director of the Institute of Museum and Library Services;
(xi) the Administrator of the Small Business Administration;
(xii) the Federal Co-Chair of the Appalachian Regional Commission; and
(xiii) the head of any other agency that the Assistant Secretary determines to be appropriate; and
(B) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband initiatives and programs.
(b) Administering entity (1) Selection; function The governor (or equivalent official) of a State that wishes to be awarded a grant under this section shall, from among entities that are eligible under paragraph (2), select an administering entity for that State, which shall—
(A) serve as the recipient of, and administering agent for, any grant awarded to the State under this section;
(B) develop, implement, and oversee the State Digital Equity Plan for the State described in subsection (c);
(C) make subgrants to any entity described in subsection (c)(1)(D) that is located in the State in support of—
(i) the State Digital Equity Plan for the State; and
(ii) digital inclusion activities in the State generally; and
(D) serve as—
(i) an advocate for digital equity policy and digital inclusion activities; and
(ii) a repository of best practice materials regarding the policies and activities described in clause (i).
(2) Eligible entities Any of the following entities may serve as the administering entity for a State for the purposes of this section if the entity has demonstrated a capacity to administer the Program on a statewide level:
(A) The State, a political subdivision, agency, or instrumentality of the State, an Indian Tribe located in the State, an Alaska Native entity located in the State, or a Native Hawaiian organization located in the State.
(B) A foundation, corporation, institution, association, or coalition that is—
(i) a not-for-profit entity;
(ii) providing services in the State; and
(iii) not a school.
(C) A community anchor institution, other than a school, that is located in the State.
(D) A local educational agency that is located in the State.
(E) An entity located in the State that carries out a workforce development program.
(F) An agency of the State that is responsible for administering or supervising adult education and literacy activities in the State.
(G) A public or multi-family housing authority that is located in the State.
(H) A partnership between any of the entities described in subparagraphs (A) through (G).
(c) State Digital Equity Plan (1) Development; contents A State that wishes to be awarded a grant under subsection (d) shall develop a State Digital Equity Plan for the State, which shall include—
(A) the identification of the barriers to digital equity faced by covered populations in the State;
(B) measurable objectives for documenting and promoting, among each group described in subparagraphs (A) through (H) of section 1721(8) of this title located in that State—
(i) the availability of, and affordability of access to, fixed and wireless broadband technology;
(ii) the online accessibility and inclusivity of public resources and services;
(iii) digital literacy;
(iv) awareness of, and the use of, measures to secure the online privacy of, and cybersecurity with respect to, an individual; and
(v) the availability and affordability of consumer devices and technical support for those devices;
(C) an assessment of how the objectives described in subparagraph (B) will impact and interact with the States—
(i) economic and workforce development goals, plans, and outcomes;
(ii) educational outcomes;
(iii) health outcomes;
(iv) civic and social engagement; and
(v) delivery of other essential services;
(D) in order to achieve the objectives described in subparagraph (B), a description of how the State plans to collaborate with key stakeholders in the State, which may include—
(i) community anchor institutions;
(ii) county and municipal governments;
(iii) local educational agencies;
(iv) where applicable, Indian Tribes, Alaska Native entities, or Native Hawaiian organizations;
(v) nonprofit organizations;
(vi) organizations that represent—
(I) individuals with disabilities, including organizations that represent children with disabilities;
(II) aging individuals;
(III) individuals with language barriers, including—
(aa) individuals who are English learners; and
(bb) individuals who have low levels of literacy;
(IV) veterans; and
(V) individuals in that State who are incarcerated in facilities other than Federal correctional facilities;
(vii) civil rights organizations;
(viii) entities that carry out workforce development programs;
(ix) agencies of the State that are responsible for administering or supervising adult education and literacy activities in the State;
(x) public housing authorities in the State; and
(xi) a partnership between any of the entities described in clauses (i) through (x); and
(E) a list of organizations with which the administering entity for the State collaborated in developing and implementing the Plan.
(2) Public availability (A) In general The administering entity for a State shall make the State Digital Equity Plan of the State available for public comment for a period of not less than 30 days before the date on which the State submits an application to the Assistant Secretary under subsection (d)(2).
(B) Consideration of comments received The administering entity for a State shall, with respect to an application submitted to the Assistant Secretary under subsection (d)(2)—
(i) before submitting the application—
(I) consider all comments received during the comment period described in subparagraph (A) with respect to the application (referred to in this subparagraph as the “comment period”); and
(II) make any changes to the plan that the administering entity determines to be worthwhile; and
(ii) when submitting the application—
(I) describe any changes pursued by the administering entity in response to comments received during the comment period; and
(II) include a written response to each comment received during the comment period.
(3) Planning grants (A) In general Beginning in the first fiscal year that begins after November 15, 2021, the Assistant Secretary shall, in accordance with the requirements of this paragraph, award planning grants to States for the purpose of developing the State Digital Equity Plans of those States under this subsection.
(B) Eligibility In order to be awarded a planning grant under this paragraph, a State—
(i) shall submit to the Assistant Secretary an application under subparagraph (C); and
(ii) may not have been awarded, at any time, a planning grant under this paragraph.
(C) Application A State that wishes to be awarded a planning grant under this paragraph shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials:
(i) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b).
(ii) A certification from the State that, not later than 1 year after the date on which the Assistant Secretary awards the planning grant to the State, the administering entity for that State shall develop a State Digital Equity Plan under this subsection, which—
(I) the administering entity shall submit to the Assistant Secretary; and
(II) shall comply with the requirements of this subsection, including the requirement under paragraph (2)(B).
(iii) The assurances required under subsection (e).
(D) Awards (i) Amount of grant A planning grant awarded to an eligible State under this paragraph shall be determined according to the formula under subsection (d)(3)(A)(i).
(ii) Duration (I) In general Except as provided in subclause (II), with respect to a planning grant awarded to an eligible State under this paragraph, the State shall expend the grant funds during the 1-year period beginning on the date on which the State is awarded the grant funds.
(II) Exception The Assistant Secretary may grant an extension of not longer than 180 days with respect to the requirement under subclause (I).
(iii) Challenge mechanism The Assistant Secretary shall ensure that any eligible State to which a planning grant is awarded under this paragraph may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under clause (i).
(E) Use of funds An eligible State to which a planning grant is awarded under this paragraph shall, through the administering entity for that State, use the grant funds only for the following purposes:
(i) To develop the State Digital Equity Plan of the State under this subsection.
(ii) (I) Subject to subclause (II), to make subgrants to any of the entities described in paragraph (1)(D) to assist in the development of the State Digital Equity Plan of the State under this subsection.
(II) If the administering entity for a State makes a subgrant described in subclause (I), the administering entity shall, with respect to the subgrant, provide to the State the assurances required under subsection (e).
(d) State capacity grants (1) In general Beginning not later than 2 years after the date on which the Assistant Secretary begins awarding planning grants under subsection (c)(3), the Assistant Secretary shall each year award grants to eligible States to support—
(A) the implementation of the State Digital Equity Plans of those States; and
(B) digital inclusion activities in those States.
(2) Application A State that wishes to be awarded a grant under this subsection shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials:
(A) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b).
(B) The State Digital Equity Plan of that State, as described in subsection (c).
(C) A certification that the State, acting through the administering entity for the State, shall—
(i) implement the State Digital Equity Plan of the State; and
(ii) make grants in a manner that is consistent with the aims of the Plan described in clause (i).
(D) The assurances required under subsection (e).
(E) In the case of a State to which the Assistant Secretary has previously awarded a grant under this subsection, any amendments to the State Digital Equity Plan of that State, as compared with the State Digital Equity Plan of the State previously submitted.
(3) Awards (A) Amount of grant (i) Formula Subject to clauses (ii), (iii), and (iv), the Assistant Secretary shall calculate the amount of a grant awarded to an eligible State under this subsection in accordance with the following criteria, using the best available data for all States for the fiscal year in which the grant is awarded:
(I) 50 percent of the total grant amount shall be based on the population of the eligible State in proportion to the total population of all eligible States.
(II) 25 percent of the total grant amount shall be based on the number of individuals in the eligible State who are members of covered populations in proportion to the total number of individuals in all eligible States who are members of covered populations.
(III) 25 percent of the total grant amount shall be based on the comparative lack of availability and adoption of broadband in the eligible State in proportion to the lack of availability and adoption of broadband of all eligible States, which shall be determined according to data collected from—
(aa) the annual inquiry of the Federal Communications Commission conducted under section 1302(b) of this title;
(bb) the American Community Survey or, if necessary, other data collected by the Bureau of the Census;
(cc) the NTIA Internet Use Survey, which is administered as the Computer and Internet Use Supplement to the Current Population Survey of the Bureau of the Census; and
(dd) any other source that the Assistant Secretary, after appropriate notice and opportunity for public comment, determines to be appropriate.
(ii) Minimum award The amount of a grant awarded to an eligible State under this subsection in a fiscal year shall be not less than 0.5 percent of the total amount made available to award grants to eligible States for that fiscal year.
(iii) Additional amounts If, after awarding planning grants to States under subsection (c)(3) and capacity grants to eligible States under this subsection in a fiscal year, there are amounts remaining to carry out this section, the Assistant Secretary shall distribute those amounts—
(I) to eligible States to which the Assistant Secretary has awarded grants under this subsection for that fiscal year; and
(II) in accordance with the formula described in clause (i).
(iv) Data unavailable If, in a fiscal year, the Commonwealth of Puerto Rico (referred to in this clause as “Puerto Rico”) is an eligible State and specific data for Puerto Rico is unavailable for a factor described in subclause (I), (II), or (II) of clause (i), the Assistant Secretary shall use the median data point with respect to that factor among all eligible States and assign it to Puerto Rico for the purposes of making any calculation under that clause for that fiscal year.
(B) Duration With respect to a grant awarded to an eligible State under this subsection, the eligible State shall expend the grant funds during the 5-year period beginning on the date on which the eligible State is awarded the grant funds.
(C) Challenge mechanism The Assistant Secretary shall ensure that any eligible State to which a grant is awarded under this subsection may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under subparagraph (A).
(D) Use of funds The administering entity for an eligible State to which a grant is awarded under this subsection shall use the grant amounts for the following purposes:
(i) (I) Subject to subclause (II), to update or maintain the State Digital Equity Plan of the State.
(II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 20 percent of the amount of the grant for the purpose described in subclause (I).
(ii) To implement the State Digital Equity Plan of the State.
(iii) (I) Subject to subclause (II), to award a grant to any entity that is described in section 1724(b) of this title and is located in the eligible State in order to—
(aa) assist in the implementation of the State Digital Equity Plan of the State;
(bb) pursue digital inclusion activities in the State consistent with the State Digital Equity Plan of the State; and
(cc) report to the State regarding the digital inclusion activities of the entity.
(II) Before an administering entity for an eligible State may award a grant under subclause (I), the administering entity shall require the entity to which the grant is awarded to certify that—
(aa) the entity shall carry out the activities required under items (aa), (bb), and (cc) of that subclause;
(bb) the receipt of the grant shall not result in unjust enrichment of the entity; and
(cc) the entity shall cooperate with any evaluation—
(AA) of any program that relates to a grant awarded to the entity; and
(BB) that is carried out by or for the administering entity, the Assistant Secretary, or another Federal official.
(iv) (I) Subject to subclause (II), to evaluate the efficacy of the efforts funded by grants made under clause (iii).
(II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 5 percent of the amount of the grant for a purpose described in subclause (I).
(v) (I) Subject to subclause (II), for the administrative costs incurred in carrying out the activities described in clauses (i) through (iv).
(II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 3 percent of the amount of the grant for a purpose described in subclause (I).
(e) Assurances When applying for a grant under this section, a State shall include in the application for that grant assurances that—
(1) if an entity described in section 1724(b) of this title is awarded grant funds under this section (referred to in this subsection as a “covered recipient”), provide that—
(A) the covered recipient shall use the grant funds in accordance with any applicable statute, regulation, and application procedure;
(B) the administering entity for that State shall adopt and use proper methods of administering any grant that the covered recipient is awarded, including by—
(i) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out the program to which the grant relates;
(ii) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and
(iii) adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates; and
(C) the administering entity for that State shall cooperate in carrying out any evaluation—
(i) of any program that relates to a grant awarded to the covered recipient; and
(ii) that is carried out by or for the Assistant Secretary or another Federal official;
(2) the administering entity for that State shall—
(A) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the State is awarded under this section;
(B) submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section;
(C) maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section; and
(D) with respect to any significant proposed change or amendment to the State Digital Equity Plan for the State, make the change or amendment available for public comment in accordance with subsection (c)(2); and
(3) the State, before submitting to the Assistant Secretary the State Digital Equity Plan of the State, has complied with the requirements of subsection (c)(2).
(f) Termination of grant (1) In general The Assistant Secretary shall terminate a grant awarded to an eligible State under this section if, after notice to the State and opportunity for a hearing, the Assistant Secretary—
(A) presents to the State a rationale and supporting information that clearly demonstrates that—
(i) the grant funds are not contributing to the development or execution of the State Digital Equity Plan of the State, as applicable; and
(ii) the State is not upholding assurances made by the State to the Assistant Secretary under subsection (e); and
(B) determines that the grant is no longer necessary to achieve the original purpose for which Assistant Secretary awarded the grant.
(2) Redistribution If the Assistant Secretary, in a fiscal year, terminates a grant under paragraph (1), the Assistant Secretary shall redistribute the unspent grant amounts—
(A) to eligible States to which the Assistant Secretary has awarded grants under subsection (d) for that fiscal year; and
(B) in accordance with the formula described in subsection (d)(3)(A)(i).
(g) Reporting and information requirements; internet disclosure The Assistant Secretary—
(1) shall—
(A) require any entity to which a grant, including a subgrant, is awarded under this section to publicly report, for each year during the period described in subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the grant, and in a format specified by the Assistant Secretary, on—
(i) the use of that grant by the entity;
(ii) the progress of the entity towards fulfilling the objectives for which the grant was awarded; and
(iii) the implementation of the State Digital Equity Plan of the State;
(B) establish appropriate mechanisms to ensure that each eligible State to which a grant is awarded under this section—
(i) uses the grant amounts in an appropriate manner; and
(ii) complies with all terms with respect to the use of the grant amounts; and
(C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum—
(i) the application of each State that has applied for a grant under this section;
(ii) the status of each application described in clause (i);
(iii) each report submitted by an entity under subparagraph (A);
(iv) a record of public comments made regarding the State Digital Equity Plan of a State, as well as any written responses to or actions taken as a result of those comments; and
(v) any other information that is sufficient to allow the public to understand and monitor grants awarded under this section; and
(2) may establish additional reporting and information requirements for any recipient of a grant under this section.
(h) Supplement not supplant A grant or subgrant awarded under this section shall supplement, not supplant, other Federal or State funds that have been made available to carry out activities described in this section.
(i) Set asides From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve—
(1) not more than 5 percent for the implementation and administration of the Program, which shall include—
(A) providing technical support and assistance, including ensuring consistency in data reporting;
(B) providing assistance to—
(i) States, or administering entities for States, to prepare the applications of those States; and
(ii) administering entities with respect to grants awarded under this section; and
(C) developing the report required under section 1725(a) of this title;
(2) not less than 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and
(3) not less than 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section.
(j) Rules The Assistant Secretary may prescribe such rules as may be necessary to carry out this section.
(k) Authorization of appropriations There are authorized to be appropriated—
(1) $60,000,000 for the award of grants under subsection (c)(3), which shall remain available until expended;
(2) for the award of grants under subsection (d)—
(A) $240,000,000 for fiscal year 2022; and
(B) $300,000,000 for each of fiscal years 2023 through 2026; and
(3) such sums as may be necessary to carry out this section for each fiscal year after the end of the 5-fiscal year period described in paragraph (2).
(Pub. L. 11758, div. F, title III, § 60304, Nov. 15, 2021, 135 Stat. 1212.)
@@ -0,0 +1,297 @@
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# 47 U.S.C. § 1724 - Digital Equity Competitive Grant Program
## Text
(a) Establishment (1) In general Not later than 30 days after the date on which the Assistant Secretary begins awarding grants under section 1723(d) of this title, and not before that date, the Assistant Secretary shall establish in the Department of Commerce the Digital Equity Competitive Grant Program (referred to in this section as the “Program”), the purpose of which is to award grants to support efforts to achieve digital equity, promote digital inclusion activities, and spur greater adoption of broadband among covered populations.
(2) Consultation; no conflict In establishing the Program under paragraph (1), the Assistant Secretary—
(A) may consult a State with respect to—
(i) the identification of groups described in subparagraphs (A) through (H) of section 1721(8) of this title located in that State; and
(ii) the allocation of grant funds within that State for projects in or affecting the State; and
(B) shall—
(i) consult with—
(I) the Secretary of Agriculture;
(II) the Secretary of Housing and Urban Development;
(III) the Secretary of Education;
(IV) the Secretary of Labor;
(V) the Secretary of Health and Human Services;
(VI) the Secretary of Veterans Affairs;
(VII) the Secretary of the Interior;
(VIII) the Federal Communications Commission;
(IX) the Federal Trade Commission;
(X) the Director of the Institute of Museum and Library Services;
(XI) the Administrator of the Small Business Administration;
(XII) the Federal Co-Chair of the Appalachian Regional Commission; and
(XIII) the head of any other agency that the Assistant Secretary determines to be appropriate; and
(ii) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband initiatives and programs.
(b) Eligibility The Assistant Secretary may award a grant under the Program to any of the following entities if the entity is not serving, and has not served, as the administering entity for a State under section 1723(b) of this title:
(1) A political subdivision, agency, or instrumentality of a State, including an agency of a State that is responsible for administering or supervising adult education and literacy activities, or for providing public housing, in the State.
(2) An Indian Tribe, an Alaska Native entity, or a Native Hawaiian organization.
(3) A foundation, corporation, institution, or association that is—
(A) a not-for-profit entity; and
(B) not a school.
(4) A community anchor institution.
(5) A local educational agency.
(6) An entity that carries out a workforce development program.
(7) A partnership between any of the entities described in paragraphs (1) through (6).
(8) A partnership between—
(A) an entity described in any of paragraphs (1) through (6); and
(B) an entity that—
(i) the Assistant Secretary, by rule, determines to be in the public interest; and
(ii) is not a school.
(c) Application An entity that wishes to be awarded a grant under the Program shall submit to the Assistant Secretary an application—
(1) at such time, in such form, and containing such information as the Assistant Secretary may require; and
(2) that—
(A) provides a detailed explanation of how the entity will use any grant amounts awarded under the Program to carry out the purposes of the Program in an efficient and expeditious manner;
(B) identifies the period in which the applicant will expend the grant funds awarded under the Program;
(C) includes—
(i) a justification for the amount of the grant that the applicant is requesting; and
(ii) for each fiscal year in which the applicant will expend the grant funds, a budget for the activities that the grant funds will support;
(D) demonstrates to the satisfaction of the Assistant Secretary that the entity—
(i) is capable of carrying out—
(I) the project or function to which the application relates; and
(II) the activities described in subsection (h)—
(aa) in a competent manner; and
(bb) in compliance with all applicable Federal, State, and local laws; and
(ii) if the applicant is an entity described in subsection (b)(1), shall appropriate or otherwise unconditionally obligate from non-Federal sources funds that are necessary to meet the requirements of subsection (e);
(E) discloses to the Assistant Secretary the source and amount of other Federal, State, or outside funding sources from which the entity receives, or has applied for, funding for activities or projects to which the application relates; and
(F) provides—
(i) the assurances that are required under subsection (f); and
(ii) an assurance that the entity shall follow such additional procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner.
(d) Award of grants (1) Factors considered in award of grants In deciding whether to award a grant under the Program, the Assistant Secretary shall, to the extent practicable, consider—
(A) whether an application shall, if approved—
(i) increase internet access and the adoption of broadband among covered populations to be served by the applicant; and
(ii) not result in unjust enrichment;
(B) the comparative geographic diversity of the application in relation to other eligible applications; and
(C) the extent to which an application may duplicate or conflict with another program.
(2) Use of funds (A) In general In addition to the activities required under subparagraph (B), an entity to which the Assistant Secretary awards a grant under the Program shall use the grant amounts to support not less than 1 of the following activities:
(i) To develop and implement digital inclusion activities that benefit covered populations.
(ii) To facilitate the adoption of broadband by covered populations in order to provide educational and employment opportunities to those populations.
(iii) To implement, consistent with the purposes of this subchapter—
(I) training programs for covered populations that cover basic, advanced, and applied skills; or
(II) other workforce development programs.
(iv) To make available equipment, instrumentation, networking capability, hardware and software, or digital network technology for broadband services to covered populations at low or no cost.
(v) To construct, upgrade, expend, or operate new or existing public access computing centers for covered populations through community anchor institutions.
(vi) To undertake any other project and activity that the Assistant Secretary finds to be consistent with the purposes for which the Program is established.
(B) Evaluation (i) In general An entity to which the Assistant Secretary awards a grant under the Program shall use not more than 10 percent of the grant amounts to measure and evaluate the activities supported with the grant amounts.
(ii) Submission to Assistant Secretary An entity to which the Assistant Secretary awards a grant under the Program shall submit to the Assistant Secretary each measurement and evaluation performed under clause (i)—
(I) in a manner specified by the Assistant Secretary;
(II) not later than 15 months after the date on which the entity is awarded the grant amounts; and
(III) annually after the submission described in subclause (II) for any year in which the entity expends grant amounts.
(C) Administrative costs An entity to which the Assistant Secretary awards a grant under the Program may use not more than 10 percent of the amount of the grant for administrative costs in carrying out any of the activities described in subparagraph (A).
(D) Time limitations With respect to a grant awarded to an entity under the Program, the entity—
(i) except as provided in clause (ii), shall expend the grant amounts during the 4-year period beginning on the date on which the entity is awarded the grant amounts; and
(ii) during the 1-year period beginning on the date that is 4 years after the date on which the entity is awarded the grant amounts, may continue to measure and evaluate the activities supported with the grant amounts, as required under subparagraph (B).
(e) Federal share (1) In general Except as provided in paragraph (2), the Federal share of any project for which the Assistant Secretary awards a grant under the Program may not exceed 90 percent.
(2) Exception The Assistant Secretary may grant a waiver with respect to the limitation on the Federal share of a project described in paragraph (1) if—
(A) the applicant with respect to the project petitions the Assistant Secretary for the waiver; and
(B) the Assistant Secretary determines that the petition described in subparagraph (A) demonstrates financial need.
(f) Assurances When applying for a grant under this section, an entity shall include in the application for that grant assurances that the entity shall—
(1) use any grant funds that the entity is awarded—
(A) in accordance with any applicable statute, regulation, and application procedure; and
(B) to the extent required under applicable law;
(2) adopt and use proper methods of administering any grant that the entity is awarded, including by—
(A) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out a program to which the grant relates;
(B) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and
(C) adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates;
(3) cooperate with respect to any evaluation—
(A) of any program that relates to a grant awarded to the entity; and
(B) that is carried out by or for the Assistant Secretary or another Federal official;
(4) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the entity is awarded under the Program;
(5) submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program; and
(6) maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program.
(g) Deobligation or termination of grant In addition to other authority under applicable law, the Assistant Secretary may—
(1) deobligate or terminate a grant awarded to an entity under this section if, after notice to the entity and opportunity for a hearing, the Assistant Secretary—
(A) presents to the entity a rationale and supporting information that clearly demonstrates that—
(i) the grant funds are not being used in a manner that is consistent with the application with respect to the grant submitted by the entity under subsection (c); and
(ii) the entity is not upholding assurances made by the entity to the Assistant Secretary under subsection (f); and
(B) determines that the grant is no longer necessary to achieve the original purpose for which Assistant 11 So in original. Probably should be preceded by “the”. Secretary awarded the grant; and
(2) with respect to any grant funds that the Assistant Secretary deobligates or terminates under paragraph (1), competitively award the grant funds to another applicant, consistent with the requirements of this section.
(h) Reporting and information requirements; internet disclosure The Assistant Secretary—
(1) shall—
(A) require any entity to which the Assistant Secretary awards a grant under the Program to, for each year during the period described in subsection (d)(2)(D) with respect to the grant, submit to the Assistant Secretary a report, in a format specified by the Assistant Secretary, regarding—
(i) the amount of the grant;
(ii) the use by the entity of the grant amounts; and
(iii) the progress of the entity towards fulfilling the objectives for which the grant was awarded;
(B) establish mechanisms to ensure appropriate use of, and compliance with respect to all terms regarding, grant funds awarded under the Program;
(C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum—
(i) a list of each entity that has applied for a grant under the Program;
(ii) a description of each application described in clause (i), including the proposed purpose of each grant described in that clause;
(iii) the status of each application described in clause (i), including whether the Assistant Secretary has awarded a grant with respect to the application and, if so, the amount of the grant;
(iv) each report submitted by an entity under subparagraph (A); and
(v) any other information that is sufficient to allow the public to understand and monitor grants awarded under the Program; and
(D) ensure that any entity with respect to which an award is deobligated or terminated under subsection (g) may, in a timely manner, appeal or otherwise challenge that deobligation or termination, as applicable; and
(2) may establish additional reporting and information requirements for any recipient of a grant under the Program.
(i) Supplement not supplant A grant awarded to an entity under the Program shall supplement, not supplant, other Federal or State funds that have been made available to the entity to carry out activities described in this section.
(j) Set asides From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve—
(1) 5 percent for the implementation and administration of the Program, which shall include—
(A) providing technical support and assistance, including ensuring consistency in data reporting;
(B) providing assistance to entities to prepare the applications of those entities with respect to grants awarded under this section;
(C) developing the report required under section 1725(a) of this title; and
(D) conducting outreach to entities that may be eligible to be awarded a grant under the Program regarding opportunities to apply for such a grant;
(2) 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and
(3) 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section.
(k) Rules The Assistant Secretary may prescribe such rules as may be necessary to carry out this section.
(l) Authorization of appropriations There are authorized to be appropriated to carry out this section—
(1) $250,000,000 for each of the first 5 fiscal years in which funds are made available to carry out this section; and
(2) such sums as may be necessary for each fiscal year after the end of the 5-fiscal year period described in paragraph (1).
(Pub. L. 11758, div. F, title III, § 60305, Nov. 15, 2021, 135 Stat. 1222.)
@@ -0,0 +1,131 @@
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# 47 U.S.C. § 1725 - Policy research, data collection, analysis and modeling, evaluation, and dissemination
## Text
(a) Reporting requirements (1) In general Not later than 1 year after the date on which the Assistant Secretary begins awarding grants under section 1723(d)(1) of this title, and annually thereafter, the Assistant Secretary shall—
(A) submit to the appropriate committees of Congress a report that documents, for the year covered by the report—
(i) the findings of each evaluation conducted under subparagraph (B);
(ii) a list of each grant awarded under each covered program, which shall include—
(I) the amount of each such grant;
(II) the recipient of each such grant; and
(III) the purpose for which each such grant was awarded;
(iii) any deobligation, termination, or modification of a grant awarded under the covered programs, which shall include a description of the subsequent usage of any funds to which such an action applies; and
(iv) each challenge made by an applicant for, or a recipient of, a grant under the covered programs and the outcome of each such challenge; and
(B) conduct evaluations of the activities carried out under the covered programs, which shall include an evaluation of—
(i) whether eligible States to which grants are awarded under the program established under section 1723 of this title are—
(I) abiding by the assurances made by those States under subsection (e) of that section;
(II) meeting, or have met, the stated goals of the Digital Equity Plans developed by the States under subsection (c) of that section;
(III) satisfying the requirements imposed by the Assistant Secretary on those States under subsection (g) of that section; and
(IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program; and
(ii) whether entities to which grants are awarded under the program established under section 1724 of this title are—
(I) abiding by the assurances made by those entities under subsection (f) of that section;
(II) meeting, or have met, the stated goals of those entities with respect to the use of the grant amounts;
(III) satisfying the requirements imposed by the Assistant Secretary on those States under subsection (h) of that section; and
(IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program.
(2) Public availability The Assistant Secretary shall make each report submitted under paragraph (1)(A) publicly available in an online format that—
(A) facilitates access and ease of use;
(B) is searchable; and
(C) is accessible—
(i) to individuals with disabilities; and
(ii) in languages other than English.
(b) Authority to contract and enter into other arrangements The Assistant Secretary may award grants and enter into contracts, cooperative agreements, and other arrangements with Federal agencies, public and private organizations, and other entities with expertise that the Assistant Secretary determines appropriate in order to—
(1) evaluate the impact and efficacy of activities supported by grants awarded under the covered programs; and
(2) develop, catalog, disseminate, and promote the exchange of best practices, both with respect to and independent of the covered programs, in order to achieve digital equity.
(c) Consultation and public engagement In carrying out subsection (a), and to further the objectives described in paragraphs (1) and (2) of subsection (b), the Assistant Secretary shall conduct ongoing collaboration and consult with—
(1) the Secretary of Agriculture;
(2) the Secretary of Housing and Urban Development;
(3) the Secretary of Education;
(4) the Secretary of Labor;
(5) the Secretary of Health and Human Services;
(6) the Secretary of Veterans Affairs;
(7) the Secretary of the Interior;
(8) the Federal Communications Commission;
(9) the Federal Trade Commission;
(10) the Director of the Institute of Museum and Library Services;
(11) the Administrator of the Small Business Administration;
(12) the Federal Co-Chair of the Appalachian Regional Commission;
(13) State agencies and governors of States (or equivalent officials);
(14) entities serving as administering entities for States under section 1723(b) of this title;
(15) national, State, tribal, and local organizations that provide digital inclusion, digital equity, or digital literacy services;
(16) researchers, academics, and philanthropic organizations; and
(17) other agencies, organizations (including international organizations), entities (including entities with expertise in the fields of data collection, analysis and modeling, and evaluation), and community stakeholders, as determined appropriate by the Assistant Secretary.
(d) Technical support and assistance The Assistant Secretary shall provide technical support and assistance, assistance to entities to prepare the applications of those entities with respect to grants awarded under the covered programs, and other resources, to the extent practicable, to ensure consistency in data reporting and to meet the objectives of this section.
(e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section, which shall remain available until expended.
(Pub. L. 11758, div. F, title III, § 60306, Nov. 15, 2021, 135 Stat. 1228.)
@@ -0,0 +1,43 @@
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# 47 U.S.C. § 1726 - General provisions
## Text
(a) Nondiscrimination (1) In general No individual in the United States may, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, age, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available to carry out this subchapter.
(2) Enforcement The Assistant Secretary shall effectuate paragraph (1) with respect to any program or activity described in that paragraph by issuing regulations and taking actions consistent with section 2000d1 of title 42.
(3) Judicial review Judicial review of an action taken by the Assistant Secretary under paragraph (2) shall be available to the extent provided in section 2000d2 of title 42.
(b) Technological neutrality The Assistant Secretary shall, to the extent practicable, carry out this subchapter in a technologically neutral manner.
(c) Audit and oversight Beginning in the first fiscal year in which amounts are made available to carry out an activity authorized under this subchapter, and in each of the 4 fiscal years thereafter, there is authorized to be appropriated to the Office of Inspector General for the Department of Commerce $1,000,000 for audits and oversight of funds made available to carry out this subchapter, which shall remain available until expended.
(Pub. L. 11758, div. F, title III, § 60307, Nov. 15, 2021, 135 Stat. 1230.)
@@ -0,0 +1,283 @@
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# 47 U.S.C. § 1741 - Enabling middle mile broadband infrastructure
## Text
(a) Definitions In this section:
(1) Anchor institution The term “anchor institution” means a school, library, medical or healthcare provider, community college or other institution of higher education, or other community support organization or entity.
(2) Assistant Secretary The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
(3) Commission The term “Commission” means the Federal Communications Commission.
(4) Eligible entity The term “eligible entity” means—
(A) a State, political subdivision of a State, Tribal government, technology company, electric utility, utility cooperative, public utility district, telecommunications company, telecommunications cooperative, nonprofit foundation, nonprofit corporation, nonprofit institution, nonprofit association, regional planning counsel, Native entity, or economic development authority; or
(B) a partnership of 2 or more entities described in subparagraph (A).
(5) FCC fixed broadband map The term “FCC fixed broadband map” means the map created by the Commission under section 642(c)(1)(B) of this title.
(6) Indian Tribe The term “Indian Tribe” has the meaning given the term in section 5304 of title 25.
(7) Interconnect The term “interconnect” means the physical linking of 2 networks for the mutual exchange of traffic on non-discriminatory terms and conditions.
(8) Internet exchange facility The term “internet exchange facility” means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks.
(9) Middle mile infrastructure The term “middle mile infrastructure”—
(A) means any broadband infrastructure that does not connect directly to an end-user location, including an anchor institution; and
(B) includes—
(i) leased dark fiber, interoffice transport, backhaul, carrier-neutral internet exchange facilities, carrier-neutral submarine cable landing stations, undersea cables, transport connectivity to data centers, special access transport, and other similar services; and
(ii) wired or private wireless broadband infrastructure, including microwave capacity, radio tower access, and other services or infrastructure for a private wireless broadband network, such as towers, fiber, and microwave links.
(10) Middle mile grant The term “middle mile grant” means a grant awarded under subsection (c).
(11) Native entity The term “Native entity” means—
(A) an Indian Tribe;
(B) an Alaska Native Corporation;
(C) a Native Hawaiian organization (as defined in section 7517 of title 20;
(D) the Department of Hawaiian Home Lands; and
(E) the Office of Hawaiian Affairs.
(12) State The term “State” has the meaning given the term in section 153 of this title.
(13) Submarine cable landing station The term “submarine cable landing station” means a cable landing station, as that term is used in section 1.767(a)(5) of title 47, Code of Federal Regulations (or any successor regulation), that can be utilized to land a submarine cable by an entity that has obtained a license under the first section of the Act entitled “An Act relating to the landing and operation of submarine cables in the United States”, approved May 27, 1921 (47 U.S.C. 34) (commonly known as the “Cable Landing Licensing Act”).
(14) Tribal government The term “Tribal government” means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of November 15, 2021, pursuant to section 5131 of title 25.
(15) Trust land The term “trust land” has the meaning given the term in section 3765 of title 38.
(16) Underserved The term “underserved”, with respect to an area, means an area—
(A) that is designated as a Tribally underserved area through the process described in subsection (g); or
(B) that—
(i) is of a standard size not larger than a census block, as established by the Commission;
(ii) is not an unserved area; and
(iii) as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with—
(I) except as provided in subclause (II)—
(aa) a download speed of not less than 100 megabits per second; and
(bb) an upload speed of not less than 20 megabits per second; or
(II) minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after November 15, 2021, if those minimum speeds are higher than the minimum speeds required under subclause (I).
(17) Unserved The term “unserved”, with respect to an area, means an area—
(A) that is designated as a Tribally underserved area through the process described in subsection (g); or
(B) that—
(i) is of a standard size not larger than a census block, as established by the Commission; and
(ii) as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with—
(I) except as provided in subclause (II)—
(aa) a download speed of not less than 25 megabits per second; and
(bb) an upload speed of not less than 3 megabits per second; or
(II) minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after November 15, 2021, if those minimum speeds are higher than the minimum speeds required under subclause (I).
(b) Purpose; sense of Congress (1) Purpose The purposes of this section are—
(A) to encourage the expansion and extension of middle mile infrastructure to reduce the cost of connecting unserved and underserved areas to the backbone of the internet (commonly referred to as the “last mile”); and
(B) to promote broadband connection resiliency through the creation of alternative network connection paths that can be designed to prevent single points of failure on a broadband network.
(2) Sense of Congress It is the sense of Congress that—
(A) in awarding middle mile grants, the Assistant Secretary should give priority to—
(i) projects that leverage existing rights-of-way, assets, and infrastructure to minimize financial, regulatory, and permitting challenges;
(ii) projects in which the eligible entity designs the route of the middle mile infrastructure to enable the connection of unserved anchor institutions, including Tribal anchor institutions; and
(iii) projects that facilitate the development of carrier-neutral interconnection facilities; and
(iv) projects that—
(I) improve the redundancy and resiliency of existing middle mile infrastructure; and
(II) reduce regulatory and permitting barriers to promote the construction of new middle mile infrastructure; and
(B) a regulated utility should use funds received from a middle mile grant as a supplement to the core utility capital investment plan of the regulated utility to—
(i) facilitate increased broadband resiliency or redundancy of existing middle mile infrastructure; or
(ii) provide connectivity to unserved areas and underserved areas within the service territory of the utility and nearby communities.
(c) Middle mile grants The Assistant Secretary shall establish a program under which the Assistant Secretary makes grants on a technology-neutral, competitive basis to eligible entities for the construction, improvement, or acquisition of middle mile infrastructure.
(d) Applications for grants (1) In general The Assistant Secretary shall establish an application process for middle mile grants in accordance with this subsection.
(2) Evaluation of applications In establishing an application process for middle mile grants under paragraph (1), the Assistant Secretary shall give priority to an application from an eligible entity that satisfies 2 or more of the following conditions:
(A) The eligible entity adopts fiscally sustainable middle mile strategies.
(B) The eligible entity commits to offering non-discriminatory interconnect to terrestrial and wireless last mile broadband providers and any other party making a bona fide request.
(C) The eligible entity identifies specific terrestrial and wireless last mile broadband providers that have—
(i) expressed written interest in interconnecting with middle mile infrastructure planned to be deployed by the eligible entity; and
(ii) demonstrated sustainable business plans or adequate funding sources with respect to the interconnect described in clause (i).
(D) The eligible entity has identified supplemental investments or in-kind support (such as waived franchise or permitting fees) that will accelerate the completion of the planned project.
(E) The eligible entity has demonstrated that the middle mile infrastructure will benefit national security interests of the United States and the Department of Defense.
(3) Grant application competence The Assistant Secretary shall include in the application process established under paragraph (1) a requirement that an eligible entity provide evidence that the eligible entity is capable of carrying out a proposed project in a competent manner, including by demonstrating that the eligible entity has the financial, technical, and operational capability to carry out the proposed project and operate the resulting middle mile broadband network.
(e) Eligibility (1) Prioritization To be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to prioritize—
(A) connecting middle mile infrastructure to last mile networks that provide or plan to provide broadband service to households in unserved areas;
(B) connecting non-contiguous trust lands; or
(C) the offering of wholesale broadband service at reasonable rates on a carrier-neutral basis.
(2) Buildout timeline Subject to paragraph (5), to be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to complete buildout of the middle mile infrastructure described in the application by not later than 5 years after the date on which amounts from the grant are made available to the eligible entity.
(3) Project eligibility requirements (A) Capability to support retail broadband service A project shall be eligible for a middle mile grant if, at the time of the application, the Assistant Secretary determines that the proposed middle mile broadband network will be capable of supporting retail broadband service.
(B) Mapping data (i) Use of most recent data In mapping out gaps in broadband coverage, an eligible entity that uses a middle mile grant to build out terrestrial or fixed wireless middle mile infrastructure shall use the most recent broadband mapping data available from one of the following sources:
(I) The FCC fixed broadband map.
(II) The State in which the area that will be served by the middle mile infrastructure is located, or the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable).
(III) Speed and usage surveys of existing broadband service that—
(aa) demonstrate that more than 25 percent of the respondents display a broadband service speed that is slower than the speeds required for an area to qualify as unserved; and
(bb) are conducted by—
(AA) the eligible entity;
(BB) the State in which the area that will be served by the middle mile infrastructure is located; or
(CC) the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable).
(ii) Sharing facility locations (I) Definition In this clause, the term “covered recipient”, with respect to an eligible entity, means—
(aa) the Assistant Secretary;
(bb) the Commission;
(cc) the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable); and
(dd) the State broadband office for the State in which the area that will be served by the middle mile infrastructure is located.
(II) Provision of information Subject to subclauses (III) and (IV), an eligible entity that constructs, improves, or acquires middle mile infrastructure using a middle mile grant shall share with each covered recipient the location of all the middle mile broadband infrastructure.
(III) Format An eligible entity shall provide the information required under subclause (II) to each covered recipient in a uniform format determined by the Assistant Secretary.
(IV) Protection of information (aa) In general The information provided by an eligible entity under subclause (II) may only be used for purposes of carrying out the grant program under subsection (c) and any reporting related thereto.
(bb) Legal defenses (AA) In general A covered recipient may not receive information under subclause (II) unless the covered recipient agrees in writing to assert all available legal defenses to the disclosure of the information if a person or entity seeks disclosure from the covered recipient under any Federal, State, or local public disclosure law.
(BB) Rule of construction Nothing in subitem (AA) is intended to be or shall be construed as a waiver of Tribal sovereign immunity.
(C) Connection to anchor institutions To the extent feasible, an eligible entity that receives a middle mile grant to build middle mile infrastructure using fiber optic technology shall—
(i) ensure that the proposed middle mile broadband network will be capable of providing broadband to an anchor institution at a speed of not less than—
(I) 1 gigabit per second for downloads; and
(II) 1 gigabit per second for uploads to an anchor institution; and
(ii) include direct interconnect facilities that will facilitate the provision of broadband service to anchor institutions located within 1,000 feet of the middle mile infrastructure.
(D) Interconnection and nondiscrimination (i) In general An eligible entity that receives a middle mile grant to build a middle mile project using fiber optic technology shall offer interconnection in perpetuity, where technically feasible without exceeding current or reasonably anticipated capacity limitations, on reasonable rates and terms to be negotiated with requesting parties.
(ii) Nature of interconnection The interconnection required to be offered under clause (i) includes both the ability to connect to the public internet and physical interconnection for the exchange of traffic.
(iii) Inclusion in application An applicant for a middle mile grant shall disclose the applicants proposed interconnection, nondiscrimination, and network management practices in the application submitted through the process established under subsection (d).
(4) Accountability The Assistant Secretary shall—
(A) establish sufficient transparency, accountability, reporting, and oversight measures for the grant program established under subsection (c) to deter waste, fraud, and abuse of program funds; and
(B) establish—
(i) buildout requirements for each eligible entity that receives a middle mile grant, which shall require the completion of a certain percentage of project miles by a certain date; and
(ii) penalties, which may include rescission of funds, for grantees that do not meet requirements described in clause (i) or the deadline under paragraph (2).
(5) Extensions (A) In general At the request of an eligible entity, the Assistant Secretary may extend the buildout deadline under paragraph (2) by not more than 1 year if the eligible entity certifies that—
(i) the eligible entity has a plan for use of the middle mile grant;
(ii) the project to build out middle mile infrastructure is underway; or
(iii) extenuating circumstances require an extension of time to allow completion of the project to build out middle mile infrastructure.
(B) Effect on interim buildout requirements If the Assistant Secretary grants an extension under subparagraph (A), the Assistant Secretary shall modify any buildout requirements established under paragraph (4)(B)(i) as necessary.
(f) Federal share The amount of a middle mile grant awarded to an eligible entity may not exceed 70 percent of the total project cost.
(g) Special rules for Tribal governments (1) Waivers; alternative requirements The Assistant Secretary, in consultation with Tribal governments and Native entities, may waive, or specify alternative requirements for, any provision of subsections (c) through (f) if the Assistant Secretary finds that the waiver or alternative requirement is necessary—
(A) for the effective delivery and administration of middle mile grants to Tribal governments; or
(B) the construction, improvement, or acquisition of middle mile infrastructure on trust land.
(2) Tribally unserved areas; tribally underserved areas The Assistant Secretary, in consultation with Tribal governments and Native entities, shall develop a process for designating Tribally unserved areas and Tribally underserved areas for purposes of this section.
(h) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000,000 for fiscal years 2022 through 2026.
(Pub. L. 11758, div. F, title IV, § 60401, Nov. 15, 2021, 135 Stat. 1231.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (a)(16)(B)(iii)(II), (17)(B)(ii)(II), means div. F of Pub. L. 11758, Nov. 15, 2021, 135 Stat. 1182, see Definitions note set out below. For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Definitions For definition of “this Act” as used in this section, see section 2 of Pub. L. 11758, set out as a note under section 1 of Title 1, General Provisions.
@@ -0,0 +1,45 @@
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# 47 U.S.C. § 1751 - Definitions
## Text
In this subchapter—
(1) the term “broadband internet access service” has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation; and
(2) the term “Commission” means the Federal Communications Commission.
(Pub. L. 11758, div. F, title V, § 60501, Nov. 15, 2021, 135 Stat. 1238.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in text, was in the original, “this title”, meaning title V of div. F of Pub. L. 11758, which enacted this section and sections 1753 and 1754 of this title, amended sections 644 and 1752 of this title, and enacted provisions set out as notes under section 1752 of this title. For complete classification of title V to the Code, see Tables.
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# 47 U.S.C. § 1752 - Benefit for broadband service
## Text
(a) Definitions In this section:
(1) Broadband internet access service The term “broadband internet access service” has the meaning given such term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(2) Broadband provider The term “broadband provider” means a provider of broadband internet access service.
(3) Commission The term “Commission” means the Federal Communications Commission.
(4) Connected device The term “connected device” means a laptop or desktop computer or a tablet.
(5) Designated as an eligible telecommunications carrier The term “designated as an eligible telecommunications carrier”, with respect to a broadband provider, means the broadband provider is designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)).
(6) Eligible household The term “eligible household” means, regardless of whether the household or any member of the household receives support under subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation), and regardless of whether any member of the household has any past or present arrearages with a broadband provider, a household in which—
(A) at least one member of the household meets the qualifications in subsection (a) or (b) of section 54.409 of title 47, Code of Federal Regulations (or any successor regulation) except that such subsection (a), including for purposes of such subsection (b), shall be applied by substituting “200 percent” for “135 percent”;
(B) at least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program under section 1773 of title 42;
(C) at least one member of the household has received a Federal Pell Grant under section 1070a of title 20 in the current award year, if such award is verifiable through the National Verifier or National Lifeline Accountability Database or the participating provider verifies eligibility under subsection (a)(2)(B);
(D) at least one member of the household meets the eligibility criteria for a participating providers existing low-income program, subject to the requirements of subsection (a)(2)(B) and any other eligibility requirements the Commission may consider necessary for the public interest; or
(E) at least one member of the household receives assistance through the special supplemental nutritional program for women, infants, and children established by section 1786 of title 42.
(7) Affordable connectivity benefit (A) In general Subject to subparagraph (B), the term “affordable connectivity benefit” means a monthly discount for an eligible household applied to the actual amount charged to such household, in an amount equal to such amount charged, but not more than $30, or, if an internet service offering is provided to an eligible household on Tribal land, not more than $75.
(B) High-cost areas The Commission shall, by regulation, establish a mechanism by which a participating provider in a high-cost area (as defined in section 1702(a)(2) of this title) may provide an affordable connectivity benefit in an amount up to the amount specified in subparagraph (A) for an internet service offering provided on Tribal land upon a showing that the applicability of the lower limit under subparagraph (A) to the provision of the affordable connectivity benefit by the provider would cause particularized economic hardship to the provider such that the provider may not be able to maintain the operation of part or all of its broadband network.
(8) Internet service offering The term “internet service offering” means, with respect to a broadband provider, broadband internet access service provided by such provider to a household.
(9) National Lifeline Accountability Database The term “National Lifeline Accountability Database” has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations (or any successor regulation).
(10) National Verifier The term “National Verifier” has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation.
(11) Participating provider The term “participating provider” means a broadband provider that—
(A) (i) is designated as an eligible telecommunications carrier; or
(ii) meets requirements established by the Commission for participation in the Affordable Connectivity Program and is approved by the Commission under subsection (d)(2); and
(B) elects to participate in the Affordable Connectivity Program.
(b) Affordable Connectivity Program (1) Establishment The Commission shall establish a program, to be known as the “Affordable Connectivity Program”, under which the Commission shall, in accordance with this section, reimburse, using funds from the Affordable Connectivity Fund established in subsection (i), a participating provider for an affordable connectivity benefit, or an affordable connectivity benefit and a connected device, provided to an eligible household.
(2) Verification of eligibility To verify whether a household is an eligible household, a participating provider shall—
(A) use the National Verifier or National Lifeline Accountability Database;
(B) rely upon an alternative verification process of the participating provider, if—
(i) the participating provider submits information as required by the Commission regarding the alternative verification process prior to seeking reimbursement; and
(ii) not later than 7 days after receiving the information required under clause (i), the Commission—
(I) determines that the alternative verification process will be sufficient to avoid waste, fraud, and abuse; and
(II) notifies the participating provider of the determination under subclause (I); or
(C) rely on a school to verify the eligibility of a household based on the participation of the household in the free and reduced price lunch program or the school breakfast program described in subsection (a)(6)(B).
(3) Use of National Verifier and National Lifeline Accountability Database The Commission shall—
(A) expedite the ability of all participating providers to access the National Verifier and National Lifeline Accountability Database for purposes of determining whether a household is an eligible household, without regard to whether a participating provider is designated as an eligible telecommunications carrier; and
(B) ensure that the National Verifier and National Lifeline Accountability Database approve an eligible household to receive the affordable connectivity benefit not later than 2 days after the date of the submission of information necessary to determine if such household is an eligible household.
(4) Reimbursement From the Affordable Connectivity Fund established in subsection (i), the Commission shall reimburse a participating provider in an amount equal to the affordable connectivity benefit with respect to an eligible household that receives such benefit from such participating provider.
(5) Reimbursement for connected device A participating provider that, in addition to providing the affordable connectivity benefit to an eligible household, supplies such household with a connected device may be reimbursed up to $100 from the Affordable Connectivity Fund established in subsection (i) for such connected device, if the charge to such eligible household is more than $10 but less than $50 for such connected device, except that a participating provider may receive reimbursement for no more than 1 connected device per eligible household.
(6) Certification required To receive a reimbursement under paragraph (4) or (5), a participating provider shall certify to the Commission the following:
(A) That each eligible household for which the participating provider is seeking reimbursement for providing an internet service offering discounted by the affordable connectivity benefit—
(i) will not be required to pay an early termination fee if such eligible household elects to enter into a contract to receive such internet service offering if such household later terminates such contract;
(ii) was not, after December 27, 2020, subject to a mandatory waiting period for such internet service offering based on having previously received broadband internet access service from such participating provider; and
(iii) will otherwise be subject to the participating providers generally applicable terms and conditions as applied to other customers.
(B) That each eligible household for which the participating provider is seeking reimbursement for supplying such household with a connected device has not been and will not be charged $10 or less or $50 or more for such device.
(C) A description of the process used by the participating provider to verify that a household is an eligible household, if the provider elects an alternative verification process under paragraph (2)(B), and that such verification process was designed to avoid waste, fraud, and abuse.
(7) Requirement to allow customers to apply affordable connectivity benefit to any internet service offering (A) In general A participating provider—
(i) shall allow an eligible household to apply the affordable connectivity benefit to any internet service offering of the participating provider at the same terms available to households that are not eligible households; and
(ii) may not require the eligible household to submit to a credit check in order to apply the affordable connectivity benefit to an internet service offering of the participating provider.
(B) Nonpayment Nothing in subparagraph (A) shall prevent a participating provider from terminating the provision of broadband internet access service to a subscriber after 90 days of nonpayment.
(8) Public awareness A participating provider, in collaboration with the applicable State agencies, public interest groups, and non-profit organizations, in order to increase the adoption of broadband internet access service by consumers, shall carry out public awareness campaigns in service areas that are designed to highlight—
(A) the value and benefits of broadband internet access service; and
(B) the existence of the Affordable Connectivity Program.
(9) Oversight The Commission—
(A) shall establish a dedicated complaint process for consumers who participate in the Affordable Connectivity Program to file complaints about the compliance of participating providers with, including with respect to the quality of service received under, the Program;
(B) shall require a participating provider to supply information about the existence of the complaint process described in subparagraph (A) to subscribers who participate in the Affordable Connectivity Program;
(C) (i) shall act expeditiously to investigate potential violations of and enforce compliance with this section, including under clause (ii) of this subparagraph; and
(ii) in enforcing compliance with this section, may impose forfeiture penalties under section 503 of the Communications Act of 1934 (47 U.S.C. 503); and
(D) shall regularly issue public reports about complaints regarding the compliance of participating providers with the Affordable Connectivity Program.
(10) Information on Affordable Connectivity Program (A) Participating providers When a customer subscribes to, or renews a subscription to, an internet service offering of a participating provider, the participating provider shall notify the customer about the existence of the Affordable Connectivity Program and how to enroll in the Program.
(B) Federal agencies The Commission shall collaborate with relevant Federal agencies, including to ensure relevant Federal agencies update their System of Records Notices, to ensure that a household that participates in any program that qualifies the household for the Affordable Connectivity Program is provided information about the Program, including how to enroll in the Program.
(C) Commission outreach (i) In general The Commission may conduct outreach efforts to encourage eligible households to enroll in the Affordable Connectivity Program.
(ii) Activities In carrying out clause (i), the Commission may—
(I) facilitate consumer research;
(II) conduct focus groups;
(III) engage in paid media campaigns;
(IV) provide grants to outreach partners; and
(V) provide an orderly transition for participating providers and consumers from the Emergency Broadband Benefit Program established under paragraph (1) (as that paragraph was in effect on the day before November 15, 2021) to the Affordable Connectivity Program.
(11) Consumer protection issues (A) In general The Commission shall, after providing notice and opportunity for comment in accordance with section 553 of title 5, promulgate rules to protect consumers who participate in, or seek to participate in, the Affordable Connectivity Program from—
(i) inappropriate upselling or downselling by a participating provider;
(ii) inappropriate requirements that a consumer opt in to an extended service contract as a condition of participating in the Affordable Connectivity Program;
(iii) inappropriate restrictions on the ability of a consumer to switch internet service offerings or otherwise apply support from the Affordable Connectivity Program to a different internet service offering with a participating provider;
(iv) inappropriate restrictions on the ability of a consumer to switch participating providers, other than a requirement that the customer return any customer premises equipment provided by a participating provider; and
(v) similar restrictions that amount to unjust and unreasonable acts or practices that undermine the purpose, intent, or integrity of the Affordable Connectivity Program.
(B) Exceptions In complying with this paragraph, the Commission may take advantage of the exceptions set forth in subsections (e) and (f).
(12) Audit requirements The Commission shall adopt audit requirements to ensure that participating providers are in compliance with the requirements of this section and to prevent waste, fraud, and abuse in the Affordable Connectivity Program. A finding of waste, fraud, or abuse or an improper payment (as such term is defined in section 2(d) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note)) 11 See References in Text note below. identified by the Commission or the Inspector General of the Commission shall include the following:
(A) The name of the participating provider.
(B) The amount of funding made available from the Affordable Connectivity Fund to the participating provider.
(C) The amount of funding determined to be an improper payment to a participating provider.
(D) A description of to what extent funding made available from the Affordable Connectivity Fund that was an improper payment was used for a reimbursement for a connected device or a reimbursement for an internet service offering.
(E) Whether, in the case of a connected device, such device, or the value thereof, has been recovered.
(F) Whether any funding from the Affordable Connectivity Fund was made available to a participating provider for an affordable connectivity benefit for a person outside the eligible household.
(G) Whether any funding from the Affordable Connectivity Fund was made available to reimburse a participating provider for an affordable connectivity benefit made available to an eligible household in which all members of such household necessary to satisfy the eligibility requirements described in subsection (a)(6) were deceased.
(13) Random audit required Not later than 1 year after December 27, 2020, the Inspector General of the Commission shall conduct an audit of a representative sample of participating providers receiving reimbursements under the Affordable Connectivity Program.
(14) Notification of audit findings Not later than 7 days after a finding made by the Commission under the requirements of paragraph (12), the Commission shall notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with any information described in such paragraph that the Commission has obtained.
(15) Expiration of Program At the conclusion of the Affordable Connectivity Program, any participating eligible households shall be subject to a participating providers generally applicable terms and conditions.
(c) Regulations required (1) In general Not later than 60 days after December 27, 2020, the Commission shall promulgate regulations to implement this section.
(2) Comment periods As part of the rulemaking under paragraph (1), the Commission shall—
(A) provide a 20-day public comment period that begins not later than 5 days after December 27, 2020;
(B) provide a 20-day public reply comment period that immediately follows the period under subparagraph (A); and
(C) during the comment periods under subparagraphs (A) and (B), seek comment on—
(i) the provision of assistance from the Affordable Connectivity Fund established in subsection (i) consistent with this section; and
(ii) other related matters.
(d) Eligibility of providers (1) Relation to eligible telecommunications carrier designation The Commission may not require a broadband provider to be designated as an eligible telecommunications carrier in order to be a participating provider.
(2) Expedited approval process (A) In general The Commission shall establish an expedited process by which the Commission approves as participating providers broadband providers that are not designated as eligible telecommunications carriers and elect to participate in the Affordable Connectivity Program.
(B) Exception Notwithstanding subparagraph (A), the Commission shall automatically approve as a participating provider a broadband provider that has an established program as of April 1, 2020, that is widely available and offers internet service offerings to eligible households and maintains verification processes that are sufficient to avoid fraud, waste, and abuse.
(e) Rule of construction Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program governed by the rules set forth in subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation).
(f) Part 54 regulations Nothing in this section shall be construed to prevent the Commission from providing that the regulations in part 54 of title 47, Code of Federal Regulations, or any successor regulation, shall apply in whole or in part to the Affordable Connectivity Program, shall not apply in whole or in part to such Program, or shall be modified in whole or in part for purposes of application to such Program.
(g) Enforcement A violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation promulgated under such Act. The Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 were incorporated into and made a part of this section.
(h) Exemptions (1) Certain rulemaking requirements Section 553 of title 5 shall not apply to a regulation promulgated under subsection (c) or a rulemaking proceeding to promulgate such a regulation.
(2) Paperwork Reduction Act requirements A collection of information conducted or sponsored under the regulations required by subsection (c) shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44 (commonly referred to as the Paperwork Reduction Act).
(i) Affordable Connectivity Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Affordable Connectivity Fund.
(2) Appropriation There is appropriated to the Affordable Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $3,200,000,000 for fiscal year 2021, to remain available until expended.
(3) Use of funds Amounts in the Affordable Connectivity Fund shall be available to the Commission for reimbursements to participating providers under this section, and the Commission may use not more than 2 percent of such amounts to administer the Affordable Connectivity Program.
(4) Relationship to universal service contributions Reimbursements provided under this section shall be provided from amounts made available under this subsection and not from contributions under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)).
(5) Use of Universal Service Administrative Company permitted The Commission shall have the authority to avail itself of the services of the Universal Service Administrative Company to implement the Affordable Connectivity Program, including developing and processing reimbursements and distributing funds to participating providers.
(j) Safe harbor The Commission may not enforce a violation of this section under section 501, 502, or 503 of the Communications Act of 1934 (47 U.S.C. 501; 502; 503), or any rules of the Commission promulgated under such sections of such Act, if a participating provider demonstrates to the Commission that such provider relied in good faith on information provided to such provider to make the verification required by subsection (b)(2).
(Pub. L. 116260, div. N, title IX, § 904, Dec. 27, 2020, 134 Stat. 2129; Pub. L. 11758, div. F, title V, § 60502(a), (b)(1), Nov. 15, 2021, 135 Stat. 1238, 1241.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in subsec. (a)(6)(B), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. Section 2(d) of the Improper Payments Information Act of 2002, referred to in subsec. (b)(12), is section 2(d) of Pub. L. 107300, Nov. 26, 2002, 116 Stat. 2350, which was set out in a note under section 3321 of Title 31, Money and Finance, and was repealed by Pub. L. 116117, § 3(a)(1), Mar. 2, 2020, 134 Stat. 133. See, generally, subchapter IV of chapter 33 of Title 31. The Communications Act of 1934, referred to in subsec. (g), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Codification Section was formerly set out as a note under section 1301 of this title.
Amendments2021—Pub. L. 11758, § 60502(a)(1)(A), struck out “during emergency period relating to COVID19” after “service” in section catchline. Pub. L. 11758, § 60502(a)(2)(D)(F), substituted, wherever appearing in text, “Affordable Connectivity” for “Emergency Broadband Benefit”, “Affordable” for “Emergency Broadband”, and “affordable connectivity” for “emergency broadband”. Subsec. (a)(6)(A). Pub. L. 11758, § 60502(b)(1)(A)(i)(I), inserted before semicolon at end “except that such subsection (a), including for purposes of such subsection (b), shall be applied by substituting 200 percent for 135 percent ”. Subsec. (a)(6)(C). Pub. L. 11758, § 60502(b)(1)(A)(i)(II)(IV), redesignated subpar. (D) as (C), struck out “or” at end, and struck out former subpar. (C) which read as follows: “at least one member of the household has experienced a substantial loss of income since February 29, 2020, that is documented by layoff or furlough notice, application for unemployment insurance benefits, or similar documentation or that is otherwise verifiable through the National Verifier or National Lifeline Accountability Database;”. Subsec. (a)(6)(D). Pub. L. 11758, § 60502(b)(1)(A)(i)(III), (V), redesignated subpar. (E) as (D), struck out “or COVID19” before “program”, and substituted “; or” for period at end. Former subpar. (D) redesignated (C). Subsec. (a)(6)(E). Pub. L. 11758, § 60502(b)(1)(A)(i)(VI), added subpar. (E). Former subpar. (E) redesignated (D). Subsec. (a)(7). Pub. L. 11758, § 60502(b)(1)(A)(ii), substituted “$30” for “$50” and struck out “which shall be no more than the standard rate for an internet service offering and associated equipment,” after “such household,”. Pub. L. 11758, § 60502(a)(3)(A), designated existing provisions as subpar. (A), inserted heading, substituted “Subject to subparagraph (B), the term” for “The term”, and added subpar. (B). Pub. L. 11758, § 60502(a)(2)(A), substituted “Affordable connectivity” for “Emergency broadband” in heading. Subsec. (a)(8). Pub. L. 11758, § 60502(b)(1)(A)(iii), struck out at end “, offered in the same manner, and on the same terms, as described in any of such providers offerings for broadband internet access service to such household, as on December 1, 2020”. Pub. L. 11758, § 60502(a)(1)(B), redesignated par. (9) as (8) and struck out former par. (8) which defined “emergency period”. Subsec. (a)(9) to (11). Pub. L. 11758, § 60502(a)(1)(B)(ii), redesignated pars. (10) to (12) as (9) to (11), respectively. Former par. (9) redesignated (8). Subsec. (a)(12), (13). Pub. L. 11758, § 60502(b)(1)(A)(ii), (iv), redesignated par. (13) as (12) and then struck it out. Prior to amendment, par. defined the term “standard rate”. Former par. (12) redesignated (11). Subsec. (b). Pub. L. 11758, § 60502(a)(2)(B), substituted “Affordable Connectivity” for “Emergency Broadband Benefit” in heading. Subsec. (b)(1). Pub. L. 11758, § 60502(a)(1)(C)(i), struck out “during the emergency period” before period at end. Subsec. (b)(4). Pub. L. 11758, § 60502(a)(1)(C)(ii), struck out “during the emergency period” before period at end. Subsec. (b)(5). Pub. L. 11758, § 60502(a)(1)(C)(iii), struck out “during the emergency period,” before “in addition to”. Subsec. (b)(6)(A). Pub. L. 11758, § 60502(b)(1)(B)(ii), (iii), redesignated subpar. (B) as (A) and cls. (ii) to (iv) as (i) to (iii), respectively, and struck out former cl. (i) which read as follows: “has not been and will not be charged— “(I) for such offering, if the standard rate for such offering is less than or equal to the amount of the affordable connectivity benefit for such household; or “(II) more for such offering than the difference between the standard rate for such offering and the amount of the affordable connectivity benefit for such household;”. Pub. L. 11758, § 60502(b)(1)(B)(i), struck out subpar. (A) which read as follows: “That the amount for which the participating provider is seeking reimbursement from the Affordable Connectivity Fund established in subsection (i) for providing an internet service offering to an eligible household is not more than the standard rate.” Subsec. (b)(6)(B) to (D). Pub. L. 11758, § 60502(b)(1)(B)(ii), redesignated subpars. (B) to (D) as (A) to (C), respectively. Subsec. (b)(7) to (15). Pub. L. 11758, § 60502(a)(3)(B), added pars. (7) to (11) and redesignated former pars. (7) to (10) as (12) to (15), respectively, and, in par. (14) as redesignated, substituted “paragraph (12)” for “paragraph (7)”. Subsec. (i). Pub. L. 11758, § 60502(a)(2)(C), substituted “Affordable” for “Emergency Broadband” in heading.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 11758, div. F, title V, § 60502(b)(1), Nov. 15, 2021, 135 Stat. 1241, provided in part that the amendments made to this section by section 60502(b)(1) of Pub. L. 11758 are effective on the date on which the Federal Communications Commission submits the certification required under section 60502(b)(4) of Pub. L. 11758, set out below, or Dec. 31, 2021, whichever is earlier.
Eligibility for the Affordable Connectivity Benefit; Transition; CertificationPub. L. 11758, div. F, title V, § 60502(b)(2)(4), Nov. 15, 2021, 135 Stat. 1242, provided that: “(2) Applicability of amendment to eligibility.— A household that qualified for the Affordable Connectivity Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116260) [47 U.S.C. 1752] before the effective date in paragraph (1) [set out as a note above] and, as of that effective date, would, but for this subparagraph, see a reduction in the amount of the affordable connectivity benefit under the Program, shall, during the 60-day period beginning on that effective date, be eligible for the affordable connectivity benefit in the amount in effect with respect to that household, as of the day before that effective date. “(3) Transition.—After the effective date under paragraph (1), an eligible household that was participating in the Emergency Broadband Benefit Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116260) on the day before the date of enactment of this Act [Nov. 15, 2021] and qualifies for the Affordable Connectivity Program established under that section (as amended by this section) shall continue to have access to an affordable service offering. “(4) Certification required.—On the date on which the amounts appropriated under section 904(i)(2) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116260) [47 U.S.C. 1752(i)(2)] have been fully expended, the [Federal Communications] Commission shall submit to Congress a certification regarding that fact.”
Broadband Transparency RulesPub. L. 11758, div. F, title V, § 60502(c), Nov. 15, 2021, 135 Stat. 1243, provided that: “(1) Rules.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the [Federal Communications] Commission shall issue final rules regarding the annual collection by the Commission of data relating to the price and subscription rates of each internet service offering of a participating provider under the Affordable Connectivity Program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116260) [47 U.S.C. 1752] (as amended by this section) to which an eligible household subscribes. “(2) Updates.—Not later than 180 days after the date on which rules are issued under paragraph (1), and when determined to be necessary by the Commission thereafter, the Commission shall revise the rules to verify the accuracy of data submitted pursuant to the rules. “(3) Redundancy avoidance.—Nothing in this subsection shall be construed to require the Commission, in order to meet a requirement of this subsection, to duplicate an activity that the Commission is undertaking as of the date of enactment of this Act, if—“(A) the Commission refers to the activity in the rules issued under paragraph (1); “(B) the activity meets the requirements of this subsection; and “(C) the Commission discloses the activity to the public. “(4) Availability of data.—“(A) Public availability.—The Commission shall make data relating to broadband internet access service collected under the rules issued under paragraph (1) available to the public in a commonly used electronic format without risking the disclosure of personally identifiable information or proprietary information, consistent with section 0.459 of title 47, Code of Federal Regulations (or any successor regulation). “(B) Determination of personally identifiable information.—The Commission—“(i) shall define the term personally identifiable information, for purposes of subparagraph (A) through notice and comment rulemaking; and “(ii) may not make any data available to the public under subparagraph (A) before completing the rulemaking under clause (i) of this subparagraph.” [For definition of “broadband internet access service” as used in section 60502(c) of Pub. L. 11758, set out above, see section 1751 of this title.]
GuidancePub. L. 11758, div. F, title V, § 60502(d), Nov. 15, 2021, 135 Stat. 1243, provided that: “The [Federal Communications] Commission may issue such guidance, forms, instructions, or publications, or provide such technical assistance, as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section [amending this section and enacting provisions set out as notes under this section] and the amendments made by this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner.”
CoordinationPub. L. 11758, div. F, title V, § 60502(e), Nov. 15, 2021, 135 Stat. 1243, provided that: “The Secretary of Agriculture, the Secretary of Education, and the Secretary of Health and Human Services shall— “(1) not later than 60 days after the date of enactment of this Act [Nov. 15, 2021], enter into a memorandum of understanding with the Universal Service Administrative Company to provide for the expeditious sharing of data through the National Verifier (as that term is defined in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation), or any successor system, for the purposes of verifying consumer eligibility for the program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116260) [47 U.S.C. 1752], as amended by this section; and “(2) not later than 90 days after the date of enactment of this Act, begin to share data under the memorandum of understanding described in paragraph (1) for the purposes described in that paragraph.”
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# 47 U.S.C. § 1753 - Adoption of consumer broadband labels
## Text
(a) Final rule Not later than 1 year after November 15, 2021, the Commission shall promulgate regulations to require the display of broadband consumer labels, as described in the Public Notice of the Commission issued on April 4, 2016 (DA 16357), to disclose to consumers information regarding broadband internet access service plans.
(b) Introductory rate information (1) In general The broadband consumer label required under subsection (a) shall also include information regarding whether the offered price is an introductory rate and, if so, the price the consumer will be required to pay following the introductory period.
(2) Use in broadband data collection The Commission shall rely on the price information displayed on the broadband consumer label required under subsection (a) for any collection of data relating to the price and subscription rates of each covered broadband internet access service under section 60502(c).
(c) Hearings In issuing the final rule under subsection (a), the Commission shall conduct a series of public hearings to assess, at the time of the proceeding—
(1) how consumers evaluate broadband internet access service plans; and
(2) whether disclosures to consumers of information regarding broadband internet access service plans, including the disclosures required under section 8.1 of title 47, Code of Federal Regulations, are available, effective, and sufficient.
(Pub. L. 11758, div. F, title V, § 60504, Nov. 15, 2021, 135 Stat. 1244.)
## Notes
Editorial Notes
References in TextSection 60502(c), referred to in subsec. (b)(2), is section 60502(c) of Pub. L. 11758, which is set out as a note under section 1752 of this title.
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# 47 U.S.C. § 1754 - Digital discrimination
## Text
(a) Statement of policy It is the policy of the United States that, insofar as technically and economically feasible—
(1) subscribers should benefit from equal access to broadband internet access service within the service area of a provider of such service;
(2) the term “equal access”, for purposes of this section, means the equal opportunity to subscribe to an offered service that provides comparable speeds, capacities, latency, and other quality of service metrics in a given area, for comparable terms and conditions; and
(3) the Commission should take steps to ensure that all people of the United States benefit from equal access to broadband internet access service.
(b) Adoption of rules Not later than 2 years after November 15, 2021, the Commission shall adopt final rules to facilitate equal access to broadband internet access service, taking into account the issues of technical and economic feasibility presented by that objective, including—
(1) preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin; and
(2) identifying necessary steps for the Commissions to take to eliminate discrimination described in paragraph (1).
(c) Federal policies The Commission and the Attorney General shall ensure that Federal policies promote equal access to robust broadband internet access service by prohibiting deployment discrimination based on—
(1) the income level of an area;
(2) the predominant race or ethnicity composition of an area; or
(3) other factors the Commission determines to be relevant based on the findings in the record developed from the rulemaking under subsection (b).
(d) Model State and local policies The Commission shall develop model policies and best practices that can be adopted by States and localities to ensure that broadband internet access service providers do not engage in digital discrimination.
(e) Complaints The Commission shall revise its public complaint process to accept complaints from consumers or other members of the public that relate to digital discrimination.
(Pub. L. 11758, div. F, title V, § 60506, Nov. 15, 2021, 135 Stat. 1245.)
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# 47 U.S.C. § 21 - Submarine cables; willful injury to; punishment
## Text
Any person who shall willfully and wrongfully break or injure, or attempt to break or injure, or who shall in any manner procure, counsel, aid, abet, or be accessory to such breaking or injury, or attempt to break or injure, a submarine cable in such manner as to interrupt or embarrass, in whole or in part, telegraphic communication, shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court.
(Feb. 29, 1888, ch. 17, § 1, 25 Stat. 41.)
## Notes
Statutory Notes and Related Subsidiaries
Short TitleAct Feb. 29, 1888, ch. 17, 25 Stat. 41, which enacted sections 21 to 33 of this title, is popularly known as the “Submarine Cable Act”.
International ConventionThe protection of submarine cables was made the subject of an international convention between the United States and Germany, Argentine Confederation, Austria-Hungary, Belgium, Brazil, Costa Rica, Denmark, Dominican Republic, Spain, United States of Columbia, France, Great Britain, Guatemala, Greece, Italy, Turkey, Netherlands, Persia, Portugal, Roumania, Russia, Salvador, Servia, Sweden and Norway, Uruguay, and the British Colonies. It was concluded Mar. 14, 1884, ratified Jan. 26, 1885, ratifications exchanged Apr. 16, 1885, proclaimed May 22, 1885, and entered into force for the United States May 1, 1888. Its provisions were set forth in 24 Stat. 989 to 1000.
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# 47 U.S.C. § 22 - Negligent injury to submarine cables; punishment
## Text
Any person who by culpable negligence shall break or injure a submarine cable in such manner as to interrupt or embarrass, in whole or in part, telegraphic communication, shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable to imprisonment for a term not exceeding three months, or to a fine not exceeding $500, or to both fine and imprisonment, at the discretion of the court.
(Feb. 29, 1888, ch. 17, § 2, 25 Stat. 41.)

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