Collapse to view only § 393a. Long-range planning for facilities
- § 390. Declaration of purpose
- § 391. Authorization of appropriations
- § 392. Grants for construction
- § 392a. Repealed.
- § 393. Criteria for approval and expenditures by Secretary
- § 393a. Long-range planning for facilities
§ 390. Declaration of purpose
The purpose of this subpart is to assist, through matching grants, in the planning and construction of public telecommunications facilities in order to achieve the following objectives: (1) extend delivery of public telecommunications services to as many citizens of the United States as possible by the most efficient and economical means, including the use of broadcast and nonbroadcast technologies; (2) increase public telecommunications services and facilities available to, operated by, and owned by minorities and women; and (3) strengthen the capability of existing public television and radio stations to provide public telecommunications services to the public.
(June 19, 1934, ch. 652, title III, § 390, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 64; amended Pub. L. 90–129, title I, § 103(a), title II, § 201(2), Nov. 7, 1967, 81 Stat. 365, 367; Pub. L. 94–309, § 2(c), June 5, 1976, 90 Stat. 683; Pub. L. 95–567, title I, § 101, Nov. 2, 1978, 92 Stat. 2405.)
§ 391. Authorization of appropriations
There are authorized to be appropriated $42,000,000 for each of the fiscal years 1992, 1993, and 1994, to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities as provided in this subpart. Sums appropriated under this subpart for any fiscal year shall remain available until expended for payment of grants for projects for which applications approved by the Secretary pursuant to this subpart have been submitted within such fiscal year. Sums appropriated under this subpart may be used by the Secretary to cover the cost of administering the provisions of this subpart.
(June 19, 1934, ch. 652, title III, § 391, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 65; amended Pub. L. 90–129, title I, § 101, Nov. 7, 1967, 81 Stat. 365; Pub. L. 91–97, § 2, Oct. 27, 1969, 83 Stat. 146; Pub. L. 92–411, § 2, Aug. 29, 1972, 86 Stat. 643; Pub. L. 93–84, § 1(c), Aug. 6, 1973, 87 Stat. 219; Pub. L. 94–309, § 3, June 5, 1976, 90 Stat. 683; Pub. L. 95–567, title I, § 102, Nov. 2, 1978, 92 Stat. 2405; Pub. L. 97–35, title XII, § 1222, Aug. 13, 1981, 95 Stat. 725; Pub. L. 99–272, title V, § 5001(a), Apr. 7, 1986, 100 Stat. 117; Pub. L. 100–626, § 2, Nov. 7, 1988, 102 Stat. 3207; Pub. L. 102–356, § 2, Aug. 26, 1992, 106 Stat. 949.)
§ 392. Grants for construction
(a) Applications for grants
For each project for the construction of public telecommunications facilities there shall be submitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may require, including the total cost of such project, the amount of the grant requested for such project, and a 5-year plan outlining the applicant’s projected facilities requirements and the projected costs of such facilities requirements. Each applicant shall also provide assurances satisfactory to the Secretary that—
(1) the applicant is (A) a public broadcast station; (B) a noncommercial telecommunications entity; (C) a system of public telecommunications entities; (D) a nonprofit foundation, corporation, institution, or association organized primarily for educational or cultural purposes; or (E) a State or local government (or any agency thereof), or a political or special purpose subdivision of a State;
(2) the operation of such public telecommunications facilities will be under the control of the applicant;
(3) necessary funds to construct, operate, and maintain such public telecommunications facilities will be available when needed;
(4) such public telecommunications facilities will be used primarily for the provision of public telecommunications services, and that the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services will not interfere with the provision of such public telecommunications services as required in this part;
(5) the applicant has participated in comprehensive planning for such public telecommunications facilities in the area which the applicant proposes to serve, and such planning has included an evaluation of alternate technologies and coordination with State educational television and radio agencies, as appropriate; and
(6) the applicant will make the most efficient use of the grant.
(b) Amount of grant
(c) Information and assurances
(d) Studies
(e) Rules and regulations
(f) Minorities and women
(g) Recovering funds
If, within 10 years after completion of any project for construction of public telecommunications facilities with respect to which a grant has been made under this section—
(1) the applicant or other owner of such facilities ceases to be an agency, institution, foundation, corporation, association, or other entity described in subsection (a)(1); or
(2) such facilities cease to be used primarily for the provision of public telecommunications services (or the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services interferes with the provision of such public telecommunications services as required in this part);
the United States shall be entitled to recover from the applicant or other owner of such facilities the amount bearing the same ratio to the value of such facilities at the time the applicant ceases to be such an entity or at the time of such determination (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facilities are situated), as the amount of the Federal participation bore to the cost of construction of such facilities.
(h) Recordkeeping requirements
(i) Accessibility of records
(June 19, 1934, ch. 652, title III, § 392, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 65; amended Pub. L. 90–129, title I, §§ 102, 103(b)–(e), 104, Nov. 7, 1967, 81 Stat. 365–367; Pub. L. 94–309, § 4, June 5, 1976, 90 Stat. 683; Pub. L. 95–567, title I, § 103(a), Nov. 2, 1978, 92 Stat. 2405; Pub. L. 97–35, title XII, § 1223, Aug. 13, 1981, 95 Stat. 725.)
§ 392a. Repealed. Pub. L. 95–567, title II, § 201, Nov. 2, 1978, 92 Stat. 2409
§ 393. Criteria for approval and expenditures by Secretary
(a) Construction and planning grants
(b) Basis for determination
The Secretary shall base determinations of whether to approve applications for grants under this subpart, and the amount of such grants, on criteria developed pursuant to subsection (a) and designed to achieve—
(1) the provision of new telecommunications facilities to extend service to areas currently not receiving public telecommunications services;
(2) the expansion of the service areas of existing public telecommunications entities;
(3) the development of public telecommunications facilities owned by, operated by, and available to minorities and women; and
(4) the improvement of the capabilities of existing public broadcast stations to provide public telecommunications services, including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals.
(c) Noncommercial radio broadcast station facilities
(June 19, 1934, ch. 652, title III, § 393, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 66; amended Pub. L. 90–129, title II, § 201(2), Nov. 7, 1967, 81 Stat. 367; Pub. L. 95–567, title I, § 104, Nov. 2, 1978, 92 Stat. 2408; Pub. L. 99–272, title V, § 5001(b), Apr. 7, 1986, 100 Stat. 117; Pub. L. 102–356, § 3, Aug. 26, 1992, 106 Stat. 949.)
§ 393a. Long-range planning for facilities
(a) The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with other parties, shall develop a long-range plan to accomplish the objectives set forth in section 390 of this title. Such plan shall include a detailed 5-year projection of the broadcast and nonbroadcast public telecommunications facilities required to meet such objectives, and the expenditures necessary to provide such facilities.
(b) Repealed. Pub. L. 104–66, title I, § 1021(a), Dec. 21, 1995, 109 Stat. 712.
(June 19, 1934, ch. 652, title III, § 393A, formerly § 396, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 67; renumbered § 394 and amended Pub. L. 90–129, title II, § 201(2), (4), Nov. 7, 1967, 81 Stat. 367; Pub. L. 95–567, title I, § 105, Nov. 2, 1978, 92 Stat. 2409; renumbered § 393A, Pub. L. 101–437, title II, § 203(a)(1), Oct. 17, 1990, 104 Stat. 998; Pub. L. 104–66, title I, § 1021(a), Dec. 21, 1995, 109 Stat. 712.)