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47 U.S.C. § 1302 — Advanced telecommunications incentives

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1302 — Advanced telecommunications incentives

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Source file: Laws/federal/codes/united-states-code/title-47/section-1302-advanced-telecommunications-incentives--73a3709c10.md
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Source location: Title 47, Chapter 12, § 1302; chapter-012-broadband.md

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**(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 Commission’s 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 157 — New technologies and services

**(a)** It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this chapter shall have the burden to demonstrate that such proposal is inconsistent with the public interest. **(b)** The Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated.

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47 U.S.C. § 153 — Definitions

For the purposes of this chapter, unless the context otherwise requires— (1) **Advanced communications services** — The term “advanced communications services” means— (A) interconnected VoIP service; (B) non-interconnected VoIP service; (C) electronic messaging service; (D) interoperable video conferencing service; and (E) any audio or video communications service used by inmates for the purpose of communicating with individuals outside the correctional institution where the inmate is held, regardless of technology used. (2) **Affiliate** — The term “affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent. (3) **Amateur station** — The term “amateur station” means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest. (4) **AT&T Consent Decree** — The term “AT&T Consent Decree” means the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82–0192, in the United States District Court for the District of Columbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982. (5) **Bell operating company** — The term “Bell operating company”— (A) means any of the following companies: Bell Telephone Company of Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, New England Telephone and Telegraph Company, New Jersey Bell Telephone Company, New York Telephone Company,

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7801 — Definitions

Except as otherwise provided, in this chapter: (1) **Average daily attendance** (A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment. (2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States— (A) without regard to the source o

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2265 — Access to broadband internet access service for certain members of the armed forces

The Secretary of a military department may provide, to a member of the armed forces who resides in military unaccompanied housing (as defined in [section 2871 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2871&num=0&edition=prelim)) within the United States, broadband internet access service, at no cost to such member.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1301 — Findings

The Congress finds the following: (1) The deployment and adoption of broadband technology has resulted in enhanced economic development and public safety for communities across the Nation, improved health care and educational opportunities, and a better quality of life for all Americans. (2) Continued progress in the deployment and adoption of broadband technology is vital to ensuring that our Nation remains competitive and continues to create business and job growth. (3) Improving Federal data on the deployment and adoption of broadband service will assist in the development of broadband technology across all regions of the Nation. (4) The Federal Government should also recognize and encourage complementary State efforts to improve the quality and usefulness of broadband data and should encourage and support the partnership of the public and private sectors in the continued growth of broadband services and information technology for the residents and businesses of the Nation.

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1301

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1303 — Improving Federal data on broadband

**(a) Omitted** **(b) International comparison** (1) **In general** — As part of its report under [section 163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section163&num=0&edition=prelim), 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 capabili

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1303

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1608 — Definitions

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1302&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1601/a&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim)) 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** — Th

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1608

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 163 — Communications marketplace report

**(a) In general** In the last quarter of every even-numbered year, the Commission shall publish on its website 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 state of the communications marketplace. **(b) Contents** Each report required by subsection (a) shall— (1) assess the state of competition in the communications marketplace, including competition to deliver voice, video, audio, and data services among providers of telecommunications, providers of commercial mobile service (as defined in [section 332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332&num=0&edition=prelim)), multichannel video programming distributors (as defined in [section 522 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section522&num=0&edition=prelim)), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications services; (2) assess the state of deployment of communications capabilities, including advanced telecommunications capability (as defined in [section 1302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1302&num=0&edition=prelim)), regardless of the technology used for such deployment; (3) assess whether laws, regulations, regulatory practices (whether those of the Federal Government, States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)), or foreign governments), or demonstrated marketplac

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 163

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 950bb–3 — Community Connect Grant Program

**(a) Definitions** In this section: (1) **Eligible broadband service** — The term “eligible broadband service” means broadband service that has the capability to transmit data at a speed specified by the Secretary, which may not be less than the applicable minimum download and upload speeds established by the Federal Communications Commission in defining the term “advanced telecommunications capability” for purposes of [section 1302 of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1302&num=0&edition=prelim). (2) **Eligible service area** — The term “eligible service area” means an area in which broadband service capacity is less than— (A) a 10-Mbps downstream transmission capacity; and (B) a 1-Mbps upstream transmission capacity. (3) **Eligible entity** (A) *In general* — The term “eligible entity” means a legally organized entity that— (i) is— (I) an incorporated organization; (II) an Indian Tribe or Tribal organization; (III) a State; (IV) a unit of local government; or (V) any other legal entity, including a cooperative, a private corporation, or a limited liability company, that is organized on a for-profit or a not-for-profit basis; and (ii) has the legal capacity and authority to enter into a contract, to comply with applicable Federal laws, and to own and operate broadband facilities, as proposed in the application submitted by the entity for a grant under the Program. (B) *Exclusions* — The term “eligible entity” does not include— (i) an individual; or (ii) a partnership. (4) **Rural area** — The term “rural area” has the meaning given the term in [section 950bb(b)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 950bb–3

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