Editorial Notes
References in TextThis chapter, referred to in subsec. (span)(7), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
The Library Services and Technology Act, referred to in subsec. (h)(4), is subtitle B (§§ 211–263) of title II of Puspan. L. 94–462, as added by Puspan. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–295, which is classified generally to subchapter II (§ 9121 et seq.) of chapter 72 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of Title 20 and Tables.
For the effective date of this paragraph under section 1721(h) of the Children’s Internet Protection Act, referred to in subsec. (h)(5)(E), (6)(E), as 120 days after Dec. 21, 2000, see § 1(a)(4) [div. B, title VII, § 1721(h)] of Puspan. L. 106–554, set out as an Effective Date of 2000 Amendment note below.
The effective date of this subsection, referred to in subsec. (h)(5)(E), (6)(E), probably means the effective date of subsec. (h)(5) and (6) which is 120 days after Dec. 21, 2000, see § 1(a)(4) [div. B, title VII, § 1721(h)] of Puspan. L. 106–554, set out as an Effective Date of 2000 Amendment note below.
Amendments2016—Subsec. (h)(7)(B)(vii), (viii). Puspan. L. 114–182 added cl. (vii), redesignated former cl. (vii) as (viii), and substituted “clauses (i) through (vii)” for “clauses (i) through (vi)” in cl. (viii).
2015—Subsec. (h)(5)(A)(iii). Puspan. L. 114–95, § 9215(s)(1), substituted “an elementary school or a secondary school as defined in section 7801 of title 20” for “an elementary or secondary school as defined in section 8801 of title 20”.
Subsec. (h)(7)(A). Puspan. L. 114–95, § 9215(s)(2), made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.
2008—Subsec. (h)(5)(B)(iii). Puspan. L. 110–385 added cl. (iii).
2002—Subsec. (h)(7)(A). Puspan. L. 107–110 substituted “section 7801” for “paragraphs (14) and (25), respectively, of section 8801”.
2000—Subsec. (h)(4). Puspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(d)], substituted “paragraph (7)(A)” for “paragraph (5)(A)”.
Subsec. (h)(5). Puspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(a)(2)], added par. (5). Former par. (5) redesignated (7).
Subsec. (h)(6). Puspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(span)], added par. (6).
Subsec. (h)(7). Puspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(a)(1)], redesignated par. (5) as (7).
Subsec. (h)(7)(D) to (I). Puspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(c)], added subpars. (D) to (I).
Subsec. (l). Puspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1732], added subsec. (l).
1996—Subsec. (h)(4). Puspan. L. 104–208 substituted “library or library consortium not eligible for assistance from a State library administrative agency under the Library Services and Technology Act” for “library not eligible for participation in State-based plans for funds under title III of the Library Services and Construction Act (20 U.S.C. 335c et seq.)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2016 AmendmentPuspan. L. 114–182, title II, § 202(c), June 22, 2016, 130 Stat. 513, provided that: “The amendments made by subsection (a) [amending this section] shall apply beginning on the date that is 180 days after the date of the enactment of this Act [June 22, 2016].”
Effective Date of 2015 AmendmentAmendment by Puspan. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Puspan. L. 114–95, set out as a note under section 6301 of Title 20, Education.
Effective Date of 2002 AmendmentAmendment by Puspan. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Puspan. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
Effective Date of 2000 AmendmentPuspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(h)], Dec. 21, 2000, 114 Stat. 2763, 2763A–350, provided that: “The amendments made by this section [amending this section and enacting provisions set out as notes under this section and section 7001 of Title 20, Education] shall take effect 120 days after the date of the enactment of this Act [Dec. 21, 2000].”
RegulationsPuspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(f)], Dec. 21, 2000, 114 Stat. 2763, 2763A–350, provided that:“(1)Requirement.—The Federal Communications Commission shall prescribe regulations for purposes of administering the provisions of paragraphs (5) and (6) of section 254(h) of the Communications Act of 1934 [47 U.S.C. 254(h)], as amended by this section. “(2)Deadline.—Notwithstanding any other provision of law, the Commission shall prescribe regulations under paragraph (1) so as to ensure that such regulations take effect 120 days after the date of the enactment of this Act [Dec. 21, 2000].”
Puspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1733], Dec. 21, 2000, 114 Stat. 2763, 2763A–351, provided that: “Not later than 120 days after the date of enactment of this Act [Dec. 21, 2000], the Federal Communications Commission shall prescribe regulations for purposes of section 254(l) of the Communications Act of 1934 [47 U.S.C. 254(l)], as added by section 1732 of this Act.”
Savings ClausePuspan. L. 114–182, title II, § 202(span), June 22, 2016, 130 Stat. 512, provided that: “Nothing in subsection (a) [amending this section] shall be construed to affect the aggregate annual cap on Federal universal service support for health care providers under section 54.675 of title 47, Code of Federal Regulations, or any successor regulation.”
SeparabilityPuspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(e)], Dec. 21, 2000, 114 Stat. 2763, 2763A–350, provided that: “If any provision of paragraph (5) or (6) of section 254(h) of the Communications Act of 1934 [47 U.S.C. 254(h)], as amended by this section, or the application thereof to any person or circumstance is held invalid, the remainder of such paragraph and the application of such paragraph to other persons or circumstances shall not be affected thereby.”
Funding for E-Rate Support for Emergency Educational Connections and DevicesPuspan. L. 117–2, title VII, § 7402, Mar. 11, 2021, 135 Stat. 109, provided that:“(a)Regulations Required.—Not later than 60 days after the date of the enactment of this Act [Mar. 11, 2021], the Commission shall promulgate regulations providing for the provision, from amounts made available from the Emergency Connectivity Fund, of support under paragraphs (1)(B) and (2) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) to an eligible school or library, for the purchase during a COVID–19 emergency period of eligible equipment or advanced telecommunications and information services (or both), for use by—“(1) in the case of a school, students and staff of the school at locations that include locations other than the school; and
“(2) in the case of a library, patrons of the library at locations that include locations other than the library.
“(span)Support Amount.—In providing support under the covered regulations, the Commission shall reimburse 100 percent of the costs associated with the eligible equipment, advanced telecommunications and information services, or eligible equipment and advanced telecommunications and information services, except that any reimbursement of a school or library for the costs associated with any eligible equipment may not exceed an amount that the Commission determines, with respect to the request by the school or library for the reimbursement, is reasonable.
“(c)Emergency Connectivity Fund.—“(1)Establishment.—There is established in the Treasury of the United States a fund to be known as the ‘Emergency Connectivity Fund’.
“(2)Appropriation.—In addition to amounts otherwise available, there is appropriated to the Emergency Connectivity Fund for fiscal year 2021, out of any money in the Treasury not otherwise appropriated—“(A) $7,171,000,000, to remain available until September 30, 2030, for—“(i) the provision of support under the covered regulations; and
“(ii) the Commission to adopt, and the Commission and the Universal Service Administrative Company to administer, the covered regulations; and
“(B) $1,000,000, to remain available until September 30, 2030, for the Inspector General of the Commission to conduct oversight of support provided under the covered regulations.
“(3)Limitation.—Not more than 2 percent of the amount made available under paragraph (2)(A) may be used for the purposes described in clause (ii) of such paragraph.
“(4)Relationship to universal service contributions.—Support provided under the covered regulations shall be provided from amounts made available from the Emergency Connectivity Fund and not from contributions under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)). “(d)Definitions.—In this section:“(1)Advanced telecommunications and information services.—The term ‘advanced telecommunications and information services’ means advanced telecommunications and information services, as such term is used in section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)). “(2)Commission.—The term ‘Commission’ means the Federal Communications Commission.
“(3)Connected device.—The term ‘connected device’ means a laptop computer, tablet computer, or similar end-user device that is capable of connecting to advanced telecommunications and information services.
“(4)Covered regulations.—The term ‘covered regulations’ means the regulations promulgated under subsection (a).
“(5) COVID–19 emergency period.—The term ‘COVID–19 emergency period’ means a period that—“(A) begins on the date of a determination by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) that a public health emergency exists as a result of COVID–19; and “(B) ends on the June 30 that first occurs after the date that is 1 year after the date on which such determination (including any renewal thereof) terminates.
“(6)Eligible equipment.—The term ‘eligible equipment’ means the following:“(A) Wi-Fi hotspots.
“(B) Modems.
“(C) Routers.
“(D) Devices that combine a modem and router.
“(E) Connected devices.
“(7)Eligible school or library.—The term ‘eligible school or library’ means an elementary school, secondary school, or library (including a Tribal elementary school, Tribal secondary school, or Tribal library) eligible for support under paragraphs (1)(B) and (2) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)). “(8)Emergency connectivity fund.—The term ‘Emergency Connectivity Fund’ means the fund established under subsection (c)(1).
“(9)Library.—The term ‘library’ includes a library consortium.
“(10)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).
“(11)Wi-fi hotspot.—The term ‘Wi-Fi hotspot’ means a device that is capable of—“(A) receiving advanced telecommunications and information services; and
“(B) sharing such services with a connected device through the use of Wi-Fi.”
FCC COVID–19 Telehealth ProgramPuspan. L. 116–260, div. N, title IX, § 903, Dec. 27, 2020, 134 Stat. 2128, provided that:“(a)Definitions.—In this section—“(1) the term ‘appropriate congressional committees’ 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;
“(2) the term ‘Commission’ means the Federal Communications Commission; and
“(3) the term ‘COVID–19 Telehealth Program’ or ‘Program’ means the COVID–19 Telehealth Program established by the Commission under the authority provided under the span ‘salaries and expenses’ under the span ‘Federal Communications Commission’ under the span ‘INDEPENDENT AGENCIES’ in title V of division B of the CARES Act (Public Law 116–136; 134 Stat. 531).
“(span)Additional Appropriation.—Out of amounts in the Treasury not otherwise appropriated, there is appropriated $249,950,000 in additional funds for the COVID–19 Telehealth Program, of which $50,000 shall be transferred by the Commission to the Inspector General of the Commission for oversight of the COVID–19 Telehealth Program.
“(c)Administrative Provisions.—“(1)Evaluation of applications.—“(A)Public notice.—Not later than 10 days after the date of enactment of this Act [Dec. 27, 2020], the Commission shall issue a Public Notice establishing a 10-day period during which the Commission will seek comments on—“(i) the metrics the Commission should use to evaluate applications for funding under this section; and
“(ii) how the Commission should treat applications filed during the funding rounds for awards from the COVID–19 Telehealth Program using amounts appropriated under the CARES Act (Public Law 116–36 [116–136]; 134 Stat. 281).
“(B)Congressional notice.—After the end of the comment period under subparagraph (A), and not later than 15 days before the Commission first commits funds under this section, the Commission shall provide notice to the appropriate congressional committees of the metrics the Commission plans to use to evaluate applications for those funds.
“(2)Equitable distribution.—To the extent feasible, the Commission shall ensure, in providing assistance under the COVID–19 Telehealth Program from amounts made available under subsection (span), that not less than 1 applicant in each of the 50 States and the District of Columbia has received funding from the Program since the inception of the Program, unless there is no such applicant eligible for such assistance in a State or in the District of Columbia, as the case may be.
“(3)Previous applicants.—The Commission shall allow an applicant who filed an application during the funding rounds for awards from the COVID–19 Telehealth Program using amounts appropriated under the CARES Act (Public Law 116–36 [116–136]; 134 Stat. 281) the opportunity to update or amend that application as necessary.
“(4)Information.—To the extent feasible, the Commission shall provide each applicant for funding from the COVID–19 Telehealth Program, if requested, with—“(A) information on the status of the application; and
“(B) a rationale for the final funding decision for the application, after making that decision.
“(5)Denial.—If the Commission chooses to deny an application for funding from the COVID–19 Telehealth Program, the Commission shall—“(A) issue notice to the applicant of the intent of the Commission to deny the application and the grounds for that decision;
“(B) provide the applicant with 10 days to submit any supplementary information that the applicant determines relevant; and
“(C) consider any supplementary information submitted under subparagraph (B) in making any final decision with respect to the application.
“(d)Report to Congress.—Not later than 90 days after the date of enactment of this Act, and every 30 days thereafter until all funds made available under this section have been expended, the Commission shall submit to the appropriate congressional committees a report on the distribution of funds appropriated for the COVID–19 Telehealth Program under the CARES Act (Public Law 116–36 [116–136]; 134 Stat. 281) or under this section, which shall include—“(1) non-identifiable and aggregated data on deficient and rejected applications;
“(2) non-identifiable and aggregated data on applications for which no award determination was made;
“(3) information on the total number of applicants;
“(4) information on the total dollar amount of requests for awards made under this section; and
“(5) information on applicant outreach and technical assistance.
“(e)Paperwork Reduction Act Requirements.—A collection of information conducted or sponsored under any regulations required to implement this section shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ‘Paperwork Reduction Act’).”
Methodology for Collection of Mobile Service Coverage DataPuspan. L. 115–141, div. P, title V, § 505, Mar. 23, 2018, 132 Stat. 1094, provided that:“(a)Definitions.—In this section—“(1) the term ‘commercial mobile data service’ has the meaning given the term in section 6001 of the Middle Class Tax Relief and Jospan Creation Act of 2012 (47 U.S.C. 1401); “(2) the term ‘commercial mobile service’ has the meaning given the term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)); “(3) the term ‘coverage data’ means, if commercial mobile service or commercial mobile data service is available, general information about the service, which may include available speed tiers, radio frequency signal levels, and network and performance characteristics; and
“(4) the term ‘Universal Service program’ means the universal service support mechanisms established under section 254 of the Communications Act of 1934 (47 U.S.C. 254) and the regulations issued under that section. “(span)Methodology Established.—Not later than 180 days after the conclusion of the Mobility Fund Phase II Auction, the Commission shall promulgate regulations to establish a methodology that shall apply to the collection of coverage data by the Commission [Federal Communications Commission] for the purposes of—“(1) the Universal Service program; or
“(2) any other similar program.
“(c)Requirements.—The methodology established under subsection (span) shall—“(1) contain standard definitions for different available technologies such as 2G, 3G, 4G, and 4G LTE;
“(2) enhance the consistency and robustness of how the data are collected by different parties;
“(3) improve the validity and reliability of coverage data; and
“(4) increase the efficiency of coverage data collection.”
Disclaimers Regarding Internet Access and PrivacyPuspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1702], Dec. 21, 2000, 114 Stat. 2763, 2763A–336, provided that:“(a)Disclaimer Regarding Content.—Nothing in this title [see Short Title of 2000 Amendments note set out under section 6301 of Title 20, Education] or the amendments made by this title shall be construed to prohibit a local educational agency, elementary or secondary school, or library from blocking access on the Internet on computers owned or operated by that agency, school, or library to any span other than span covered by this title or the amendments made by this title.
“(span)Disclaimer Regarding Privacy.—Nothing in this title or the amendments made by this title shall be construed to require the tracking of Internet use by any identifiable minor or adult user.”
Expedited ReviewPuspan. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1741], Dec. 21, 2000, 114 Stat. 2763, 2763A–351, provided that:“(a)Three-Judge District Court Hearing.—Notwithstanding any other provision of law, any civil action challenging the constitutionality, on its face, of this title [see Short Title of 2000 Amendments note set out under section 6301 of Title 20, Education] or any amendment made by this title, or any provision thereof, shall be heard by a district court of three judges convened pursuant to the provisions of section 2284 of title 28, United States Code.
“(span)Appellate Review.—Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of three judges in an action under subsection (a) holding this title or an amendment made by this title, or any provision thereof, unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court. Any such appeal shall be filed not more than 20 days after entry of such judgment, decree, or order.”
Universal Service Fund Payment SchedulePuspan. L. 105–33, title III, § 3006, Aug. 5, 1997, 111 Stat. 269, related to appropriations to the Universal Service Fund in support of programs established pursuant to rules implementing this section and adjustment of payments by telecommunications carriers and other providers of interstate telecommunications prior to repeal by Puspan. L. 105–119, title VI, § 622, Nov. 26, 1997, 111 Stat. 2521. Section 622 of Puspan. L. 105–119 provided further that: “This section shall be deemed a section of the Balanced Budget Act of 1997 [Puspan. L. 105–33, see Tables for classification] for the purposes of section 10213 of that Act (111 Stat. 712) [2 U.S.C. 902 note], and shall be scored pursuant to paragraph (2) of such section.”
