47 USC 254 - Universal service

View all text of Part II [§ 251 - § 262]

§ 254. Universal service

(a) Procedures to review universal service requirements

(1) Federal-State Joint Board on universal service

(2) Commission action

(b) Universal service principlesThe Joint Board and the Commission shall base policies for the preservation and advancement of universal service on the following principles:

(1) Quality and rates

(2) Access to advanced services

(3) Access in rural and high cost areas

(4) Equitable and nondiscriminatory contributions

(5) Specific and predictable support mechanisms

(6) Access to advanced telecommunications services for schools, health care, and libraries

(7) Additional principles

(1) In generalUniversal service is an evolving level of telecommunications services that the Commission shall establish periodically under this section, taking into account advances in telecommunications and information technologies and services. The Joint Board in recommending, and the Commission in establishing, the definition of the services that are supported by Federal universal service support mechanisms shall consider the extent to which such telecommunications services—

(A) are essential to education, public health, or public safety;

(B) have, through the operation of market choices by customers, been subscribed to by a substantial majority of residential customers;

(D) are consistent with the public interest, convenience, and necessity.

(2) Alterations and modifications

(3) Special services

(d) Telecommunications carrier contribution

(e) Universal service support

(f) State authority

(g) Interexchange and interstate services

(h) Telecommunications services for certain providers

(1) In general

(A) Health care providers for rural areas

(B) Educational providers and librariesAll telecommunications carriers serving a geographic area shall, upon a bona fide request for any of its services that are within the definition of universal service under subsection (c)(3), provide such services to elementary schools, secondary schools, and libraries for educational purposes at rates less than the amounts charged for similar services to other parties. The discount shall be an amount that the Commission, with respect to interstate services, and the States, with respect to intrastate services, determine is appropriate and necessary to ensure affordable access to and use of such services by such entities. A telecommunications carrier providing service under this paragraph shall—

(i) have an amount equal to the amount of the discount treated as an offset to its obligation to contribute to the mechanisms to preserve and advance universal service, or

(ii) notwithstanding the provisions of subsection (e) of this section, receive reimbursement utilizing the support mechanisms to preserve and advance universal service.

(2) Advanced servicesThe Commission shall establish competitively neutral rules—

(A) to enhance, to the extent technically feasible and economically reasonable, access to advanced telecommunications and information services for all public and nonprofit elementary and secondary school classrooms, health care providers, and libraries; and

(B) to define the circumstances under which a telecommunications carrier may be required to connect its network to such public institutional telecommunications users.

(3) Terms and conditions

(4) Eligibility of users

(5) Requirements for certain schools with computers having Internet access

(A) Internet safety

(i) In generalExcept as provided in clause (ii), an elementary or secondary school having computers with Internet access may not receive services at discount rates under paragraph (1)(B) unless the school, school board, local educational agency, or other authority with responsibility for administration of the school—(I) submits to the Commission the certifications described in subparagraphs (B) and (C);(II) submits to the Commission a certification that an Internet safety policy has been adopted and implemented for the school under subsection (l); and(III) ensures the use of such computers in accordance with the certifications.

(ii) Applicability

(iii) Public notice; hearing

(B) Certification with respect to minorsA certification under this subparagraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school—

(i) is enforcing a policy of Internet safety for minors that includes monitoring the online activities of minors and the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—(I) obscene;(II) child pornography; or(III) harmful to minors;

(ii) is enforcing the operation of such technology protection measure during any use of such computers by minors; and

(iii) as part of its Internet safety policy is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.

(C) Certification with respect to adultsA certification under this paragraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school—

(i) is enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—(I) obscene; or(II) child pornography; and

(ii) is enforcing the operation of such technology protection measure during any use of such computers.

(D) Disabling during adult use

(E) Timing of implementation

(i) In generalSubject to clause (ii) in the case of any school covered by this paragraph as of the effective date of this paragraph under section 1721(h) of the Children’s Internet Protection Act, the certification under subparagraphs (B) and (C) shall be made—(I) with respect to the first program funding year under this subsection following such effective date, not later than 120 days after the beginning of such program funding year; and(II) with respect to any subsequent program funding year, as part of the application process for such program funding year.

(ii) Process(I) Schools with Internet safety policy and technology protection measures in place(II) Schools without Internet safety policy and technology protection measures in placeA school covered by clause (i) that does not have in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C)—(aa) for the first program year after the effective date of this subsection in which it is applying for funds under this subsection, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C); and(bb) for the second program year after the effective date of this subsection in which it is applying for funds under this subsection, shall certify that it is in compliance with subparagraphs (B) and (C).(III) Waivers

Any school that is unable to certify compliance with such requirements in such second program year shall be ineligible for services at discount rates or funding in lieu of services at such rates under this subsection for such second year and all subsequent program years under this subsection, until such time as such school comes into compliance with this paragraph.

(F) Noncompliance

(i) Failure to submit certification

(ii) Failure to comply with certification

(iii) Remedy of noncompliance(I) Failure to submit(II) Failure to comply

(6) Requirements for certain libraries with computers having Internet access

(A) Internet safety

(i) In generalExcept as provided in clause (ii), a library having one or more computers with Internet access may not receive services at discount rates under paragraph (1)(B) unless the library—(I) submits to the Commission the certifications described in subparagraphs (B) and (C); and(II) submits to the Commission a certification that an Internet safety policy has been adopted and implemented for the library under subsection (l); and(III) ensures the use of such computers in accordance with the certifications.

(ii) Applicability

(iii) Public notice; hearing

(B) Certification with respect to minorsA certification under this subparagraph is a certification that the library—

(ii) is enforcing the operation of such technology protection measure during any use of such computers by minors.

(ii) is enforcing the operation of such technology protection measure during any use of such computers.

(D) Disabling during adult use

(E) Timing of implementation

(i) In generalSubject to clause (ii) in the case of any library covered by this paragraph as of the effective date of this paragraph under section 1721(h) of the Children’s Internet Protection Act, the certification under subparagraphs (B) and (C) shall be made—(I) with respect to the first program funding year under this subsection following such effective date, not later than 120 days after the beginning of such program funding year; and(II) with respect to any subsequent program funding year, as part of the application process for such program funding year.

(ii) Process(I) Libraries with Internet safety policy and technology protection measures in place(II) Libraries without Internet safety policy and technology protection measures in placeA library covered by clause (i) that does not have in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C)—(aa) for the first program year after the effective date of this subsection in which it is applying for funds under this subsection, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C); and(bb) for the second program year after the effective date of this subsection in which it is applying for funds under this subsection, shall certify that it is in compliance with subparagraphs (B) and (C).(III) Waivers

Any library that is unable to certify compliance with such requirements in such second program year shall be ineligible for services at discount rates or funding in lieu of services at such rates under this subsection for such second year and all subsequent program years under this subsection, until such time as such library comes into compliance with this paragraph.

(F) Noncompliance

(i) Failure to submit certification

(ii) Failure to comply with certification

(iii) Remedy of noncompliance(I) Failure to submit(II) Failure to comply

(7) DefinitionsFor purposes of this subsection:

(A) Elementary and secondary schools

(B) Health care providerThe term “health care provider” means—

(i) post-secondary educational institutions offering health care instruction, teaching hospitals, and medical schools;

(ii) community health centers or health centers providing health care to migrants;

(iii) local health departments or agencies;

(iv) community mental health centers;

(v) not-for-profit hospitals;

(vi) rural health clinics;

(vii) skilled nursing facilities (as defined in section 395i–3(a) of title 42); and

(viii) consortia of health care providers consisting of one or more entities described in clauses (i) through (vii).

(D) Minor

(E) Obscene

(F) Child pornography

(G) Harmful to minorsThe term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that—

(i) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;

(ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

(iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

(H) Sexual act; sexual contact

(I) Technology protection measure

(i) Consumer protection

(j) Lifeline assistance

(k) Subsidy of competitive services prohibited

(l) Internet safety policy requirement for schools and libraries

(1) In generalIn carrying out its responsibilities under subsection (h), each school or library to which subsection (h) applies shall—

(A) adopt and implement an Internet safety policy that addresses—

(i) access by minors to inappropriate matter on the Internet and World Wide Web;

(ii) the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;

(iii) unauthorized access, including so-called “hacking”, and other unlawful activities by minors online;

(iv) unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and

(v) measures designed to restrict minors’ access to materials harmful to minors; and

(B) provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy.

(2) Local determination of spanA determination regarding what matter is inappropriate for minors shall be made by the school board, local educational agency, library, or other authority responsible for making the determination. No agency or instrumentality of the United States Government may—

(A) establish criteria for making such determination;

(B) review the determination made by the certifying school, school board, local educational agency, library, or other authority; or

(C) consider the criteria employed by the certifying school, school board, local educational agency, library, or other authority in the administration of subsection (h)(1)(B).

(3) Availability for review

(4) Effective date

(June 19, 1934, ch. 652, title II, § 254, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 71; amended Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(a)(8)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–313; Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, §§ 1721(a)–(d), 1732], Dec. 21, 2000, 114 Stat. 2763, 2763A–343 to 2763A–350; Pub. L. 107–110, title X, § 1076(hh), Jan. 8, 2002, 115 Stat. 2094; Pub. L. 110–385, title II, § 215, Oct. 10, 2008, 122 Stat. 4104; Pub. L. 114–95, title IX, § 9215(s), Dec. 10, 2015, 129 Stat. 2171; Pub. L. 114–182, title II, § 202(a), June 22, 2016, 130 Stat. 512.)